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Lake Tahoe Park Association
Board of Directors Meeting
Minutes
September 3, 2005
Present: Thomas, Hutchins, Hyams, Morse, Gilbert, Pinter, Wilson
- The minutes for the July 2, 2005 meeting were reviewed and approved on a vote of 6-0.
- The gas station property and the option to lease or sell were discussed by the Board. Milt Hyams and Rich Wilson had a meeting with Kelley Carroll of Porter Simon Law Offices in Truckee to review the legal power of the Board of Directors to lease or sell the gas station property. Carroll had received various Grant Deeds, the By Laws, Articles of Incorporation and a copy of a legal judgment filed on February 7, 1963, establishing certain powers of the Board by the Superior Court of the State of California.
Milt reported to the Board that the opinion of Porter Simon was the same opinion as he had prepared and submitted to the Board at our last meeting on July 2, 2005. Both agree that the powers of Board to do anything with the property, other than for recreational use, would require approval from the courts, after proper notification to the membership of the court action. The courts would establish the authority of the Board to act for the membership and to make a proper disposition of the property.
A motion was made to retain Porter Simon to petition the courts to determine the authority of the Board to handle the disposition of the property and to authorize Bob Thomas, President, to sign the retainer agreement provided to the Directors and return to Porter Simon. The motion passed 4-2, with Hutchins and Pinter making the dissenting votes.
2a. The next item discussed was the test results requested by the Board from the State of California Department of Transportation, after drilling wells on the gas station property. The results were provided to the Board for their review. The information was similar to our test done semi-annually by Fugro West, Inc. and the reports submitted to the California Regional Water Quality Control Board. In both reports, there continues to be contamination in the water and soil from the old gas station leak. The State of California Department of Transportation did the test for information on a highway drainage system plan to consider the site as a catch basin in the future, with the possibility of acquiring the land through a direct purchase or eminent domain. Bob Thomas discussed the issues with Jeff of the State of California Department of Transportation, who suggested that we continue with our plans, since the State's plans are unknown, with no time frames.
2b. Peter Hutchins asked questions concerning the potential for completing the clean up of the site. Rich Wilson responded, stating that contamination was under the State Highway right-of-way, under the Sunnyside market and under the trees on the east side of the lot. At the time that we had excavated the site, we had to discontinue excavation because of these barriers and therefore could not get complete closure.
2c. The final gas station issue was chaining the gas station lot on the existing post which was installed last fall. The Board discussed the issue and decided to chain the Sequoia side to prevent cars from passing through the property and driving on the lot. The Directors reviewed the site for specifics at the end of the meeting.
Pete Hutchins brought up the issue of compensation and a possible increase in salary for Rich Wilson, Manager. Another Board member requested the topic to be discussed under general discussion later in the meeting.
- The rest room construction cost was reviewed. Rich Wilson presented the Board with a summary of all costs associated with the rest room construction. The Board discussed the costs, reviewed the amounts paid to Cindy Denny, a Director and the contractor for the construction of the building, and the fee paid to Steve Osborn, general contractor and the President of the Association at the time, for overseeing the construction progress. Rich Wilson pointed out to the Board that Steve had refused to bid on the project, as he felt it was a conflict of interest, and was specifically requested by the Board to monitor the project and to accept a fee for the service. Milt Hyams made a motion that the Board should not contract with individual Directors for services in the future. The motion passed 6-0.
3a. Rich Wilson reported to the Board, that he, Steve Osborn and Jan Brisco had an on-site meeting with the TRPA staff. The purpose of the meeting was to determine the extent of graveling required to complete the TRPA permit requirements. We were able to minimize the graveling requirement, but were still required to cover all walkways and paths.
- Insurance was the next issue on the agenda. Rich Wilson informed the Board that the insurance costs were on the rise and were a large portion of our operating costs. The cost for next year will likely be $40,000 to $50,000.
4a. Directors E & O Insurance coverage was discussed. Our insurance brokers had informed the Manager that it was now possible to change coverage for E & O insurance from $1,000,000 to $3,000,000, for an increase in premium of $2,600 per year. A Board member asked if the insurance limits were collective or individual. Pete Hutchins agreed to contact the insurance company to obtain this information, however the Board felt that the additional insurance should be purchased. A motion was made to purchase the extra insurance and passed 6-0.
4b. Milt Hyams commented that it is very important to get authorization from the Board before any person, other than the General Manager, takes an action which commits the Association.
- The Playground project was discussed. Rich Wilson told the Board that the playground equipment had been purchased and was set for delivery in early September. (Margaret Pinter felt the purchase was done without notification to the membership.) This statement was later retracted. Bob Thomas indicated that the Board had informed the membership and everyone was aware of what was being done.
- Rich Wilson reviewed the financial position of the Association with the Board. The current cash balances were approximately $74,800 in our checking account and $67,000 in our cash maximizer account. He indicated that we would have expenses of approximately $75,000 by the end of the year and would receive approximately $10,000 in income. Rich felt that there would be adequate capital to carry us into the next year and the beginning of a new bill cycle.
- On-site operations were reviewed. Jim Davisson, the on-site manager, had prepared a list of suggested changes and improvements for the Board to review. The Board decided to review this list and discuss the ideas during our winter meeting. One of the main points was access into the park and our current policy. The use of keys, guests using keys, and key purchases led to the suggestion by Margaret Pinter to consider a system with an electric card system. Margaret agreed to research the concept and provide the Board with information on the system functions and cost.
Rich Wilson expressed his appreciation for the quality of work done by Jim Davisson. He felt the overall daily beach operations were working very well.
- The Board is one Director short with Cindy Denny having sold her property. Milt Hyams informed the Board that, according to the By-Laws, a Board member must be a property owner in the area to sit on the Board. Based on that requirement, the Manager was instructed to send Cindy a letter and inform her that she could no longer be a Board member. Bob Thomas had a list of three individuals who were interested in being on the Board. He agreed to ask each individual to send us information about themselves for an appointment during the winter meeting.
- The meeting was opened for general discussion by Bob Thomas. Margaret Pinter addressed the Board with the possibility of communicating with the membership by E-mail, questioned the Manager about Bear activity, the potential use of Bear proof garbage bins, and the need to repair the sink in the bathroom.
Bob Thomas informed the Board that members had requested the purchase of a Defibulator, which would be on-site for use by Doctors or qualified persons at the beach. The cost was $1,500. The general response was not to purchase one.
Milt Hyams and Bob Thomas suggested that we elect officers each year at our fall meeting. The Board agreed and nominations were made to elect Bob Thomas as President, Milt Hyams as Vice President, Greg Gilbert as Treasurer, and Rich Wilson as Secretary. The term would be for one year. A motion was made and a vote of 6-0 was taken to approve the officers.
It was agreed by the Board that we would post the meeting minutes of the Board on our website, subject to modifications concerning closed-door comments, information or comments, after they were approved by the Board at the following meeting.10. The next meeting is scheduled on Martin Luther King weekend, Saturday, January 14, 2006 at 4:00 PM.The meeting adjourned at approximately 1:00 PM.
Respectfully submitted,
Richard J. Wilson, Secretary
Contact Lake Tahoe Park Association
Physical Address
Tahoe Park Beach, Pier & Common Areas
1700 Sequoia Avenue, Tahoe City, California, 96145 (map)
E-mail: Management - Jim Davisson
E-mail: Association Accounts & Administration
E-mail: Tahoe Park Beach, Pier & Common Areas
Association Mailing Address
P.O. Box 5771, Tahoe City, California, 96145
E-mail: The Board
| Beach Telephone: (530) 583-3820 |
Manager's Telephone: (530) 583-2859 |
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Fax: (530) 581-4275 |
URL: http://www.laketahoeparkassociation.com/mtgminutes090305.htm
Last modified: 01/09/08
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