SPRING CREEK ASSOCIATION
BOARD OF DIRECTORS REGULAR MEETING MINUTES
FEBRUARY 24, 2010
CALL TO ORDER:Chairman Dean called the Regular Meeting to order at 5:30 p.m.

DIRECTORS PRESENT:Chairman Lance Dean, Director(s) Terry Lister, Bob Collyer, Fritz Sawyer, Robert McGinty and Dena Hartley.  Director Mike McFarlane arrived at 5:59.

DIRECTORS ABSENT: None

CORPORATE OFFICERS PRESENT:Mary Winter – President
Adele Nylander - Secretary
Kristine Preston – Treasurer

CORPORATE OFFICERS ABSENT:None

ATTORNEY PRESENT:Katie Howe McConnell

PLEDGE OF ALLEGIANCE

COMMENTS BY THE GENERAL PUBLIC:
Chairman Dean mentioned that comments may be made only on items not on the agenda at this time and that on each agenda item there would be a public comment period allowed.  Ignacio Reyes, Tract 400, made several comments about the last BOD meeting mentioning his concerns and opinions to the Board.  Jim Jefferies, Tract 200, apologized for being disrespectful at the last meeting and mentioned his concerns with the rifle range’s proximity to the campground. 

BOARD OF DIRECTOR COMMENTS:
Director Sawyer complimented President Winter and Staff on the preparation of the BOD packet.

REVIEW, DISCUSSION AND POSSIBLE APPROVAL OF A 3 YEAR AGREEMENT WITH GERALD J. MATYS, SCA TRAP & SKEET LESSEE AND MATTERS RELATED THERETO:
President Winter explained the proposal and asked for any additional comments from the Public/Board.  Jim Jeffries, Tract 200, mentioned concerns about maintenance and repairs.    Director Hartley suggested some consistency in charges for all facility rentals.  Director Collyer inquired if legal counsel had had a chance to review this contract and if anyone else had inquired about leasing this facility.  President Winter mentioned that the Association is responsible for maintaining its facilities; this is not the final draft and it had been sent to legal; and no one she is aware of has inquired about leasing.  Director Sawyer requested that a signature line be added for the chairperson and for additional wording to be included at the end of the contract.  Chairman  Dean stated there is time to do further research and study on this item.

Director Collyer moved to table the agreement and for Staff to negotiate with Mr. Matys on the Spring Creek property lease that provides consistency with other Spring Creek property leases.  Director Hartley seconded.  Director Collyer amended his motion to include wording be added on the next contract that SCA will go out and look at competitive bidding.  Director Hartley seconded.  Further discussion ensued.  A vote was called.  Motion passed unanimously, 7-0.     

REVIEW, DISCUSSION AND POSSIBLE CONSIDERATION TO APPROVE SUGGESTED EDITS IN THE SPRING CREEK BOARD OF DIRECTORS PROCEDURE FOR DEALING WITH APPEALS FROM THE COMMITTEE OF ARCHITECTURE DECISIONS AND TO INCLUDE A FEE FROM THE APPEALS PROCESS:
Jim Jeffries, Tract 200, opposes the charging for appeals in the COA.  Director McFarlane suggested crossing out the last sentence in the document.  A lengthy discussion ensued about the fee amount; a possible refund of the funds if the appellant wins; copies of CDs be provided to the Board; notifications of the appeal be changed to include the 20 closest neighbors; lineal versus linear feet; and consistency of language in COA documents and appeal documents.  Attorney McConnell mentioned the fees currently being charged for an appeal with the County Commissioners and City Council.  Further discussion ensued. 

Director Collyer moved to approve the edits to the Spring Creek procedure in dealing with appeals of COA decisions, change fee to $50, add verbiage that the fee is non-refundable, change lineal to linear, correct capitalization on document as noted, and remove the last sentence of the document.  Director McGinty seconded.  Further discussion ensued.  A vote was called.  Motion passed unanimously, 7-0.

REVIEW, DISCUSSION AND POSSIBLE APPROVAL TO SELECT AND PURCHASE REPLACEMENT GOLF COURSE DRIVING RANGE NETTING:
President Winter stated the golf course netting is in a deteriorated state and has been for several years.  She suggested 1300 feet of new netting is purchased from Costal Netting Systems. This netting should last at least 10 years, possibly 18, and labor costs would run $5,000.  Further discussion ensued.    

Director Sawyer moved to select and purchase replacement golf course driving range netting, option “A” in the amount of $15,483, plus tax.  Director Collyer seconded.  A vote was called.  Motion passed unanimously, 7-0.   

REVIEW, DISCUSSION AND DIRECTION TO ALLOCATE 2009 CARRY FORWARD FUNDS:
Treasurer Preston explained this item for Board, stating the Association was very frugal in 2009.    A lengthy discussion ensued regarding the two options presented, maintenance of facilities and roads, and how to best allocate the monies.  

Director Collyer moved to allocate the 2009 carry forward funds as follows: $300,000 into Capital Reserves and $200,000 into Capital Expenditures, (option No. 1.)  Director McGinty seconded.  Further discussion ensued.  A vote was called.  Motion passed unanimously, 7-0.  
 
REVIEW, DISCUSSION AND POSSIBLE APPROVAL TO ACCEPT 2009 FINANCIAL AUDIT PREPARED BY GARY PORTER & COMPANY:

Director Collyer moved to accept the 2009 Financial Audit prepared by Gary Porter & Company.  Director Hartley seconded.  A vote was called.  Motion passed unanimously, 7-0.

REVIEW, DISCUSSION AND POSSIBLE APPROVAL TO PURCHASE A SANDER FOR THE PETERBILT:
Director Collyer, as directed by Staff, moved to table the purchase of a sander for the Peterbilt.  Director Sawyer seconded.  A vote was called.  Motion passed unanimously, 7-0.

REVIEW, DISCUSSION AND POSSIBLE APPROVAL OF A REQUEST FROM JIM JEFFERIES TO CHANGE THE LANGUAGE IN THE BY-LAWS TO ALLOW ALL LOT OWNERS TO VOTE FOR INDIVIDUAL CANDIDATES FROM ALL TRACTS: 
Jim Jefferies, Tract 200, presented his proposal regarding discriminatory language in the by-laws with respect to not allowing all members to vote for all candidates from all tracts.  A lengthy discussion ensued.  Attorney McConnell stated there is no discrimination involved with the current system.  Further discussion ensued.  

Director Hartley moved to deny the request from Jim Jefferies to change the language in the by-laws to allow all lot owners to vote for individual candidates from all tracts.  Director McFarlane seconded.  Director Lister stated he has no issue with changing the by-laws and suggested a special meeting.  Further discussion ensued.  A vote was called.  Motion passed, 6-1 (Director Lister opposed.)
     
REVIEW, DISCUSSION AND POSSIBLE APPROVAL TO ADOPT THE PROPOSED SCA BOARD OF DIRECTORS AGENDA ACTION SHEET:
Director Sawyer clarified the request to table this item until March to review the policy number, 08-001. 

Director Collyer moved to table item No. 10 until the March meeting and to apply changes as noted by Director Sawyer.  Director McFarlane seconded.  A vote was called.  Motion passed unanimously, 7-0. 

CONSENT AGENDA
A.  Review, discussion, and possible approval of January 2010 Spring Creek Association’s Assessment and Legal Receivable Report including the submitted write-off amounts, and matters related thereto.  There are no write-offs for January, 2010.
B.  Review and possible discussion pertaining to January 2010 financial reports.
C.  January 27, 2010, Regular Board Meeting Minutes and February 8, 2010, Special Meeting of the Member Minutes. 
D.  Meeting schedule – Next Regular Board of Directors Meeting to be held Wednesday, March 24, 2010.
Director Hartley moved to accept the Consent Agenda with noted corrections to the minutes.  Director Collyer seconded.  A vote was called.  Motion passed unanimously, 7-0.     

DISCUSSION OF THE OPENING PUBLIC COMMENT PERIOD TO BE LANGUAGE SPECIFIC TO THE STATUTE AND TO REINSTATE THE PAST PRACTICE THAT
THE PUBLIC CAN SPEAK TO ANYTHING THAT IS NOT RELATED TO ANY AGENDA ITEM DURING THAT 1ST PUBLIC COMMENT PERIOD.  ALSO, TO REINSTATE THE PRACTICE OF ALLOWING THE PUBLIC COMMENT AT EACH AGENDA ITEMS, EACH MEMBER TO RECEIVE 2 MINUTES OR SUCH OTHER TIME TO BE SET AT THE DISCRETION OF THE CHAIRMAN OR VICE-CHAIRMAN IN THE CHAIRMAN’S ABSENCE:
Director Hartley made her presentation and requested BOD to follow statute 241-020, 2(c)(3).  A lengthy discussion ensued regarding the statute, importance of public comment, and time limits for each speaker.  Jan Boyer, Tract 100, and Ignacio Reyes, Tract 400, both agree with this agenda item.  Director McGinty stated that when public comment is closed, comments need to cease from the public. 

Director Hartley moved to have the general public comment period at the beginning of the meetings be specific to the NRS statute 241.020, 2(c)(3) and state:  This time is devoted to the comments of the general public, if any, and discussion of those comments.  No action may be taken upon a matter raised under this item under the agenda until the matter itself has been specifically included on a successive agenda and identified to be an action item.  Also, reinstate the policy of allowing the public to speak at every agenda item.  Director McGinty seconded.  A vote was called.  Motion passed unanimously, 7-0. 

REVIEW, DISCUSSION AND POSSIBLE APPROVAL TO PURCHASE A CAT 938G WHEELED LOADER:
President Winter made her presentation for the purchase of a CAT 938G wheeled loader to avoid having to call a special meeting.  Searches of equipment and negotiations with Cashman (Elko) regarding price have been done.  Discussion ensued.  President Winter stated Director Lister’s help was much appreciated. 

Director Collyer moved to approve the requested funds of $92,805, plus taxes, to purchase a CAT 938G wheeled loader, ‘06 model.  Director Hartley seconded.  A vote was called.  Motion passed unanimously, 7-0.     

STAFF REPORT:
President Winter presented an overview including the completion of writing grants, attending a NDOT workshop with respect to paving bicycle paths, Warren Russell’s interest in putting a four-foot shoulder on Lamoille Hwy for bike riding, and that the road near Khoury’s Market is a problem area that still needs to be addressed.  Special events were mentioned to include; Pride day, April 24, and the Tom Scott Memorial Golf tournament, August 14. The first steps have been completed in the upgrade of the management software. 

FYI:  Attorney McConnell stated Mr. Gary Konakis is a client and if this issue goes any further, there would be no legal representation for either SCA or Mr. Konakis by the Copenhaver Law Office.        

BOARD OF DIRECTOR COMMENTS:
Director McGinty thanked Staff for being well prepared and work completion.  Director(s) Sawyer and Hartley concurred. 

ADJOURNMENT:    Meeting adjourned at 8:47 p.m.