YOSEMITE LAKES OWNERS’ ASSOCIATION

30250 Yosemite Springs Parkway

Coarsegold, CA 93614

Phone: 658-7466 Fax: 658-7866

MINUTES OF THE

BOARD BUSINESS MEETING MARCH 16, 2010

CALLED TO ORDER AT 6:32 PM

I. Call to Order –Tom Swire

II. Flag Salute – Phil Farren

III. Invocation – Mark Zoeller

IV. Roll Call & Establishment of Quorum – Board Members Present

Tom Swire, President Elaine Loard, Vice President (absent)

Mark Zoeller, Treasurer Bob McDonough, Secretary

Al Clark, Director Dianne Cruce, Assistant Treasurer

Phil Farren, Director

V. Approval of Minutes – 2/16/10

MOTION: A motion was made to approve the February 16, 2010 Board Meeting minutes. M/S/C (Zoeller, McDonough), Voice vote. Ayes: 5 (Swire, Clark, McDonough, Cruce, Farren), Nays: 0, Abstain: 1 (Zoeller) Motion carried.

VI. Public Comment-

Tom Kellner, Planning Commissioner, Candidate for Madera Supervisor District 1 –President Swire stated that Mr. Kellner had a planning meeting this evening and couldn’t attend our meeting tonight. Verlaine Elinburg came and spoke on his behalf along with Mrs. Jean Kellner and his secretary Evelyn. Ms. Elinburg explained why Mr. Kellner was not in attendance. She stated the Mr. Kellner would be at the Port of Subs shop in YLP on Saturday, March 20^th. He will share his position at that time. Ms. Elinburg placed pamphlets on the table for the audience regarding Mr. Kellner. Bryan Smith Lot 1197 asked for a report regarding the pipeline replacement project on Corral. President Swire explained that weather has been a circumstance regarding the repair and completion to the roads in the pipeline replacement areas. They may be able to get started in the next week pending warm and dry weather. GM Neveu then stated that they have been trying to combine several smaller projects to help reduce costs. He explained that the climate controls the work because it’s an overlay. This means that they need a ground temperature that is consistent all day long. Karen Varner, Lot 1188, brought to the GM’s attention that there are two deep holes that may have been ignored. The General Manager explained the process of repair and that he will look at this area with the Road’s Department Supervisor to get answers to her questions. They will address all of the holes. Nothing will be skipped. President Swire stated that this is Public Comment on the agenda and they aren’t supposed to be answering questions during this segment of the meeting. Stan Chladek, Lot 0749, stated that on January 8^th, PG&E installed a smart meter on his property. He asked the board to assist him in finding other members that are experiencing problems with PG&E since they’ve received their smart meters. He stated that PG&E haven’t been helpful. He asked the audience to contact the office if they’ve experienced these problems and he will call to received this information. Carol O’Bara, Lot 0556, stated her concerns regarding her neighbor. She explained a burn pile incident she experienced on her neighbor’s property. Pat Burns, Lot 1194, thanked the Ladies of the Lakes for sponsoring the Emergency Response event this Saturday. He explained the event. He was disappointed at such a small turn out. An audience member stated that this day was also the opening day for Little League. President Swire thanked the LOL on behalf of the board for the window coverings in the clubhouse. They look great!

VII. YLP Fire Station #10 – Chris Haynes

Chris reminded everyone that they could obtain burn permits at Station #10. A burn piles acceptable size is 4’ X 4’ X 4’ with a 30-foot clearance or radius with no flammable objects within the zone. He asked theto use caution and good judgment while tending the burn pile. Keep a hose within reach and never leave the pile unattended. Also, make sure that it is a burn day before starting. He reminded the audience of the 100’ clearance zone from structures. Fire season is to start in May. Clear your property before fire season begins. He reminded the audience to check and clean their smoke detectors. He noted Captain Nelson’s concern regarding “drive-way names”. He explained that this has confused response personnel, which could delay medical treatment. Madera County’s Fire Department Annual Banquet for all the volunteers throughout the county is on April 11^that the Oakhurst Community Center. He noted Station #10’s female firefighters that will be awarded for their service: Shara Kelly, Alisa Childers and Lisa George. Captain Nelson will be awarded his 30-year pin. Station #10’s Annual Open House is onaudienceMarch 27^th. They will be giving out permits at that time. Bring your kids. Director Clark asked about penalties regarding burn piles. Chris explained that it’s a $1k ticket plus the cost of the response. He explained the incident of the burn pile that was brought up earlier during Public Comment. He said that the burn pile was left unattended, but at this time of season, you can’t stay around the clock on a burn pile. They assessed that the area was clear; the vegetation was clear. The owner was not sited for not attending the burn pile. CDF made this decision. He explained they are more flexible this time of year, when the ground is wet and green. This will not be tolerated in summer months. He stated the fine dollar amounts during summer months. Maurice Davison, Lot 0601 asked about mowing vacant lots next to his property. Chris explained that this is not allowed. A discussion took place regarding this subject amongst the audience members. Chris told an audience member to call the air quality number he stated earlier to see if there are any rules regarding burn pile smoke. Assist. Treasurer Cruce stated information regarding the C.H.I.P. program. This information is on the bulletin board. A question was asked of the board as to whether it is allowed to go ontoanother person’s vacant lot to weed eat or clear. President Swire explained that it is not legal to go onto another person’s property to do this. There is nothing in the DOR’s or By Laws that allows the association to go onto vacant lots to clear/weed eat. He noted that if someone were to file a complaint, a letter could be sent to the owner.

VIII. Financial Report – Mark Zoeller

Treasurer Zoeller showed the Month End Cash graph that showed February to be slightly higher than the prior two years. He explained that we are on a better year-on-year cash position than what we had been in prior years. He stated this as “music to his ears”. This is attributed to the staff doing an excellent job at collecting past due accounts. Also, we haven’t spent as much on Capital Expenditures this year as last year. The Cumulative Cash Flow is better than what is has been. This is also accredited to the staff. We still have a shortfall compared to 2007 of $90k. But this is much lower than in was 3 months ago. Treasurer Zoeller announced there might be a conflict of interest for him. He may be doing consulting work with Premiere Valley Bank and Yosemite Bank. He wished to go on public record, and in the past, he has stated that he receives a pension with Wells Fargo Bank and has received consulting income from United Security Bank. Secretary McDonough asked if this is an advantage for the Association to have our Treasurer consulting with a bank that has large deposits from YLOA? The Treasurer said that it possibly is, but they try to keep the deposits under the FDIC insurance limit. Secretary McDonough thanked the Treasurer for his integrity.

IX. Lien Resolutions – Michael Neveu

None at this time.

X. YLOA Update Report

Security Report – Bob Wilson, NVPS Security

Mr. Wilson stated the calls from the Sheriff’s department in YLP are down to 48 calls. He feels it’s a very good number for a community the size of YLP. The number of responses from the security department is down. House checks are starting to pick back up again. Calls for service are down. Total numbers of activities were: 428 for this last period. He assumes that this number will go up again as the weather becomes nicer. There were no unusual activities for this month. There was a burglary at the Rec Center. This is being taken care of. The security cameras were installed with his staff assisting Joseph Shreve. He entertained questions at this time. Treasurer Zoeller said that it seems we’ve been catching perpetrators fairly regularly. Mr. Wilson said that this is true, thanks to the community.

Manager's Report – Michael Neveu, General Manager

GM Neveu requested that his report be entered into the minutes as an attachment. He entertained questions at this time. President Swire asked a question regarding the Security report. He asked if the dog issues and ATV issues are reported to the ECC? GM Neveu stated that this is procedure. Director Clark asked what the tube is in the lake? The GM stated it’s a drainage pipe from the pool into the lake. It’s floating on top of the water because the lake is full. The GM gave an update regarding the “One Call Now” system. The database is functioning. Scripting is still needed. He noted that he is 1½ weeks behind. He’s expecting the first message by April 1^st. The next step is to define ad hoc levels of response. They need to identify areas in the park that will get the calls versus other areas. They will base this on fire response. They want to have an ad hoc message ready. One Call Now has offered to do the scripting for us for a fee. The GM would like us to do it to save money. The entire system should be up and running in a week. The most important are the other levels of response modules for contacting certain areas in the park. These area still need defining. This was to be reviewed by the board before they are implemented. He’s been given an approval for a common response to a generic emergency that requires an evacuation. The instructions given through the “One Call Now” message would be based on the Disaster Preparedness Plan document. This should take place in a month. He stated that we have over 500 signed forms from the membership. We will be sending out reminders to the members who haven’t sent back their forms. He stated that the office staff tells the new owners about the program and asks them to sign up.

MOTION: A motion was made to enter the General Manager’s Report into the minutes. M/S/C (Clark, McDonough), Voice vote. Ayes: 6, Nays: 0. (Swire, McDonough, Clark, Zoeller, Cruce, Farren), Nays: 0. Motion carried.

XI. Committee Reports

ECC – Tom Swire

Tom Swire stated that they have approved a new home. They’ve been doing some disciplinary hearings and reviewing the governing docs and working on preparing some new guidelines to present to the board.

Communications Committee – Dianne Cruce

Dianne Cruce stated that the President ok’d her to speak on behalf of the Events Committee, also. She spoke of the Girl Scout Troop #661’s Annual Easter Egg Hunt on Easter Sunday, everyone’s invited. They’re asking for donations of eggs and candy. Karen Varner, on behalf of LOL, presented a check to Ms. Cruce for $75 for Girl Scout Troop #661. The Event Committee will be meeting at 1:30pm, tomorrow. She then spoke on behalf of the Com Com. They will be meeting tomorrow at 3pm, if anyone is interested to join. They’ve been working hard on the website for another bid. They have contacted every committee chair to invite to a short meeting on March 23^rd. They are trying to put out a local newsletter/calendar and would like to add the different club and committee’s submission to the newsletter. She showed a sample newsletter. She stated that the Com Com has a budget and will be paying for the newsletters. They would like to put this online where it’s less expensive. She invited committee chairs to the meeting on March 23^rd. She passed out samples of the newsletter to the board. Director Clark asked if she anticipated a review process before the information goes out to the public for accuracy purposes? She responded by explaining there aren’t guidelines yet, but they may set them up at tomorrow’s meeting. President Swire remarked regarding the Com Com meeting minutes under “New Business” as given to the Board. He explained that the information he gave to Elaine Loard for that meeting was different than what was written in this report. He explained the differences regarding the Madera County bus that serves this area and what they had asked for a change in the route, last year. Although it didn’t happen, they were encouraging before the Board of Supervisors voted on it. They were interested in getting the word out about the service so that persons interested in using this system could write the Board of Supervisors of Madera County Transportation Commission. He stated that positive points to having the Clubhouse as a drop off and pick up point for the bus line.

XII. Considerations of YSPUC Proposals to YLOA – Michael Neveu

Water Meeting Update – Al Clark

President Swire handed this over to Al Clark, President of the YSPUC Board of Directors. YSPUC President Clark gave a water meeting update. He explained that they recently joined the Madera Regional Water Management Group (RWMG). There have been ongoing meetings on a regular basis. They’ve decided, as a water company, to have Ken Harrington (YSPUC Manager) and Michael Neveu (YLOA General Manager) to be our representatives. They will also try to have one board member at these meetings. They have also decided to be the lead agency for this group. He explained what this entails. Due to Ken Harrington’s background, they will also volunteer for technical assistance. He explained the outcome regarding the company they were about to hire to help us receive grant monies. He commended the company for doing groundwork before we paid them. They found that we were not eligible for this specific grant due to being a private company. YSPUC President Clark explained that they are strategizing on how to qualify for grants in the future through RWMG. He answered questions from audience members. It was explained that we would be using approximately 4 hours a week of the General Manager’s time to this group to get it started. This is due to the Board’s decision.

XIII. Old Business

None at this time.

XIV. New Business

Election Protocol/Dates – Tom Swire
Annual Meeting Date – President Swire stated that this date will be July 17, 2010, which means election signs, can go up on June 17^th.
Member in Good Standing Date – President Swire stated that this date is always June 30^th.
Deadline Date for Board of Director Applications - President Swire stated that this date is on Friday, May 14, 2010 at close of business (5:00pm). There will be three director seats up for election.
Candidates’ Night Date - President Swire stated that this date will be Monday, June 21, 2010. No time is set at this time.
Approval of Third Party for Annual Audit Period/Tax Return Preparation - President Swire stated that we will be using Monty Schultz and Associates.
Appointment of Elections Inspector – Tom Swire stated that Monty Schultz and Associates will be our Elections Inspector.

MOTION. A motion was made to recommend Monty Schultz for Annual Audit Period/Tax Return Preparation and Elections Inspector. M/S/C (Zoeller, McDonough), Voice vote. Ayes: 6, Nays: 0. (Swire, McDonough, Clark, Zoeller, Cruce, Farren), Nays: 0. Motion carried.

Wholesale Propane Sales – Dianne Cruce

Asst. Treasurer Cruce stated that an association member had brought this item to her attention, and would like to bring it to the Board and audience to see if it’s viable. She noted that there are approximately 1800 homes in YLP. Most of which, may have propane. She mentioned different prices that were quoted from the different companies that provide propane inside the park. She spoke of the association possibly being a propane wholesale provider. She asked the audience if someone would be willing to work on this project? Questions from the Board were directed to Asst. Treasurer Cruce. President Swire opened up the discussion by asking the GM if he had anything to add to the discussion? He added that this isn’t a board function. He stated that when dealing with propane wholesalers, they won’t guarantee pricing. The price depends on the amount that they pay at the time the propane is delivered. He explained the problems he’s come into while working with propane dealers for the association. He made suggestions to the audience if they decide to look into this themselves.

Ethics Training in Accordance to AB1234 – Dianne Cruce

Asst. Treasurer Cruce brought up Treasurer Zoeller’s announcement earlier during the Financial Report and how it showed good “ethics”. She read a definition stating that ethics is a “standard of behavior.” She added that she wants to see all board members and management complete the AB1234 Ethics Training that is provided for free by the California Fair Practice Political Commission. After the two-hour class they would be able to print a certificate stating that they completed the course. This is done on their computers. She opened the topic up for discussion. Secretary McDonough and Director Clark stated their feelings of discomfort regarding a possible assumption of a lack of ethics regarding board members. President Swire noted that the computer course is not required, but it is required for elected officials that are compensated for their services. He stated that they could take the course if they wanted to. He doesn’t want an argument during open session. This should take place in an Executive Session.

Employee Handbook Committee Assignments – Tom Swire

President Swire stated that Al Clark, Elaine Loard, and Tom Swire are the committee members that will look at the employee handbooks. This is to include YLOA and YSPUC. The committee members are also the Presidents of both boards and the Vice President of both boards.

Golf Fundraiser Benefiting Station #10 – Tom Swire

President Swire apologized to Pete Jacobs who had asked for this item to be on the agenda. President Swire was under the understanding that this fundraiser was on behalf of the Golf Committee. He turned the floor over to Pete Jacobs. Mr. Jacobs explained the importance of the volunteer fire department. He explained the fundraiser as one half golf tournament and the other half is a silent auction located at the clubhouse. All the monies go towards Station #10. He had stated the problem that occurred last year when the event took place at the same time as Friday Night at the Lake (FNL). He requested the board to support this fundraiser. He submitted a letter to the board of directors asking for a resolution on behalf of this particular fundraiser. A discussion took place at this time. President Swire stated that the board supports this fundraiser and they are happy to hear that this year’s event won’t compete with FNL. The GM spoke to the board regarding the proposed resolution. The GM explained that the policy in place, regarding the use of the clubhouse, is very flexible. He said by making a resolution such as the one that Mr. Jacobs has requested, would make the wrong statement to other organizations. GM Neveu explained to Mr. Jacobs that he has guidelines that are very flexible. A lengthy conversation took place amongst the Board, the GM and Mr. Jacobs. President Swire added that Mr. Jacobs’ concern is appreciated.

Governing Docs – Tom Swire

President Swire announced that March 31^stis the last day to turn in your ideas regarding the governing docs to give to the Governing Docs Committee.

XV. Announcement of Previous Executive Session

2/16/10 - The Board met in Executive Session to discuss legal issues and contracts.

XVI. Director's Comments

Assistant Treasurer Cruce thanked the LOL for donating to Girl Scout Troop #661. She added that the troop would appreciate donations. Director Farren stated that the Board has always supported our Fire Department in any way it can. He added that history has proven that YLOA supports Station #10. This will never change and he thanked the board for this. Treasurer Zoeller recommended that the annual ethics training with the YLOA attorney and directors be in compliance with AB1234. He stated, “Ethics training is to remind us of things that may slip our minds”. President Swire asked the GM to take note of the Treasurer’s suggestion for next year.

XVII. Adjourn to Executive Session

The Board adjourned to Executive Session at 8:40pm.

XVIII. Adjournment of Meeting

Executive Session adjourned at 9:09pm.