BAYVIEW VILLAGE ASSOCIATION

BOARD OF DIRECTORS MEETING September 12, 2005

The President called the meeting to order at 9:00 AM.

Introduction of Board Members and Guests:    President Nancy Kragh; Vice President Bob Azen; Landscape Chairman, Carol Franznick.

Guests in attendance:  Tony Loughran, Bill Clardy, Mary Clardy, Steve Holmes, Alan Koch, Jean Loughran, Rick Rozzell, DeLome Paine, Bob Skodis, Tom McCay, Judy McCay,  R. M. Tollefson, Mary Retke, Bob Retke, Beverly Clements, Joe Quisenberry, Al Shields, Ralph Stroy, Lynn Pihl, Alan D. Thompson, Marianne Berman.

Appointment of a new Board Secretary:   The President called for nominations for a Secretary for the Board.  Carol Fraznick nominated Robert Retke to become a member of the Board to serve as Secretary.  Bob Azen seconded the nomination.   A vote was taken and Bob Retke was made Secretary.

Minutes of the August 28, 2005 Board of Directors meeting were presented for approval.  Three corrections were suggested.  The first was that Carol Franznick's definition of the view from a person's property extended beyond the border of the property.    The second correction was the spelling of Carol Franznick's name.  The third was correction of Treasurer's name from Sharon Shanklin to Sherry  Robinson.  All corrections suggested were adopted.  The minutes were approved as corrected.

Minutes of the August 29th special meeting were approved as written.

OFFICER'S REPORTS

President Nancy Kragh stated that she had no formal report to make.

Vice President Bob Azen's reports are attached. 

Treasurer's Report is attached.    Nancy Kragh noted that the Operating account Balance was $29,428.77 and the Reserve Fund Balance was $38, 186.66 as of August 28, 2005.

Nancy Kragh noted the receipt of a letter dated September 11, 2005 from Richard Rozzell and DeLome Paine.  She directed that it be given to the Secretary for retention in the Association's records.

No Secretary's Report was presented.

Landscape Chairman Carol Franznick reported slow progress with trimming of trees and bushes.  The list of white stake homes has been translated into Spanish and given to

the landscape contractor.   Carol requested that homeowners refrain from confronting the landscape crew with their complaints.

COMMITTEE REPORTS

Pond Committee:  The report was presented by Alan Thompson.  He noted that the pond clean-up will proceed in late September or early October and that the letter approving the contract should be sent.  He also noted the receipt of a letter from PLA acknowledging their agreement to pay for the portion of the work on their property.  Nancy Kragh indicated that the letter would be sent immediately. A copy of the Leavitt Trucking Company quote, the draft agreement with Teal Lake Village Homeowners Association and a letter from Port Ludlow Associates acknowledging their agreement to pay their share of the clean-up costs are attached.  A motion was presented by Bob Azen to approve the payment of $841.60 to Leavitt Trucking for the pond maintenance work.  The motion was approved.

Hillside Committee:  Lynn Pihl presented the report of the Hillside Stabilization Committee.  This year the slope behind the McCay home will be addressed.  The plant, rubus, has been selected for use.  Of the $800 budget allotted for the fiscal year she requested $500 for the purchase of 225 plants this autumn.  A motion authorizing $500 for slope stabilization plants was presented by Bob Azen and was approved.

UNFINISHED BUSINESS

Lawn Maintenance:  Nancy Kragh reported on exploration of a proposal to use PLA for lawn maintenance.  That option proved not viable due to the fact that PLA is not a licensed contractor.

Irrigation System Maintenance:  Nancy Kragh reported on companies considered for irrigation system maintenance.   Three companies were contacted.  Only Danscaping responded.  Danscaping was interviewed by the Board.  The owner of Danscaping mentioned a payment of $1000 for an analysis of the sprinkler system and some repair work.  He has been requested to prepare a detailed estimate.

Landscaping Contractors:  Bob Azen reported that Bestscape has recently been more active but remains far behind in their work.  Their work remains unsatisfactory to most of the Village.  He believes that we should continue to seek alternative contractors who may be available to substitute for Bestscape.  He believes that it may be feasible to divide the work by function among several contractors.  Nancy noted two priorities in connection with solving the landscaping contractor problem.  First, there is a need to compile a list of alternative companies.  Second, it is imperative that we build a paper trail in order to terminate the contract with Bestscape.  In her opinion, Bestscape has not

lived up to its earlier written promise in response to our earlier written complaints.  But at this time we do not have a documentary basis for terminating our contract.

            Bob Retke suggested that Mr. Goff should be confronted with Bestscape's numerous shortcomings and urged to accept a voluntary termination of the contract by agreement.

            Nancy indicated that at some time in the past a letter had been sent to Bestscape demanding compliance with the contract within thirty days.  Although Bestscape had failed to comply within the designated period the association had failed to follow up and that it will therefore be necessary to serve a new demand letter on Mr. Goff.  She will work with Carol to prepare a new letter, again detailing Bestscape's failures and demanding compliance.  A report will be made at the next meeting on the status of our dealings with Bestscape.

Fence Repairs:  Bob Azen reported that work requested of Casey would exceed the amount budgeted for fence repair for the year by about $1200.  Nancy noted that adequate funds were available in our liquid reserve fund to pay that amount.  Bob Azen moved that the association spend about $1200.00 to have Casey's crew finish the fencing project.  That motion was approved.  Nancy observed that fences not repaired at this time are scheduled for repair on a five-year rotating cycle.

Village Unification: Nancy stated that the packet containing the unification document went out this week to all Bayview homeowners for signature.  First persons to return signed forms were Bernard Super and Sherry England.  All documents which homeowners might need to further their consideration of this matter is on file at the Club for examination.  Bob Azen indicated he has a spread sheet with most information needed for the completion of the forms but it lacks the precise formulation of the declarants on the statutory warranty deeds.  It is critical that each form include the information on the declarant's line of the warranty deed in exactly the same form on the unification document.  Homeowners must sign on the signature line exactly as their names appear on the declarant line.  Bob Azen will contact each homeowner individually to assist them in this process.  Board members who assist homeowners in completing the unification documents will not be responsible for any errors in the document.  Our attorney, Bill Broughton, has reviewed the letter signed by "Concerned Homeowners" and has reiterated in writing his view that the approach the Village is pursuing is the correct course. 

Registered Agent:  Bob Azen moved that the Board authorize Bill Broughton to file as the Association's registered agent.  The motion was approved. 

Late Fees for Homeowner Dues:  Nancy noted that our by-laws forbid flat-fee penalties for late payments.  Our Treasurer, Sherry Robinson, has suggested an alternative based upon a percentage of delinquent dues.  A motion to table this matter until the next meeting was approved.

The business session of the meeting was adjourned.

Next Board meeting:  October 10, 2005, 9:00 AM at the Bay Club.

Respectfully submitted:

_________________________________                       _________________________________

Bob Retke, Secretary                                                      Nancy Kragh, President