RPOA Board Meeting Minutes – June 26, 2018

Minutes of the RPOA Board Meeting

Tuesday, June 26, 2018 at 6 Concord Circle.

Board Members Present: Mary Buchanan, Elota Patton, Katie Raver, Betsy Kirkpatrick

Non board members present:  Neil Carman, Steve Klayman, Mike Kannan

Board Members not Present: Cliff Finley

The meeting was called to order at 7:36 PM. 

The meeting began with 5 minutes of meditation/ contemplative silence.

Discussion, motions, and action items:

  1. Reviewed minutes from June 11 and June 14 board meetings.  Betsy made a motion to amend the June 11 minutes to reflect that the Snell engagement cover letter/ contract plus the proxy language from Barry Crowley were reviewed and rejected unanimously at that time.  Elota seconded. Motion passed unanimously and the minutes will be revised.
  2. Firewise Report

    Elota formally submitted our Firewise application with 290 hours of community work on making our yards and land Firewise, and they’ll let us know when they approve it. 

    As July 4th is coming up and there is a burn ban in place, Mary suggested and the board agreed to educate residents about the need for no fireworks.

Action item:  Elota to mail the Firewise list about no fireworks.

Action item: Mary to put up signs at the mail station, in the mail station slots, and on the RadianceTalk list regarding no fireworks.

3. From Mary – POA printer stopped working and she bought a new one so we have a printer we can use for handouts etc.

4.  Discussed attorney meeting with Jason Snell last week.  Mary agreed to reimburse herself for the fee, as she wrote a personal check for the cost of the meeting.

Action Item:  Mary to reimburse herself for covering the meeting cost for the RPOA board.

5.  From Mary:  Mary Jane came up with delinquent POA dues letters.  Tabled until July 9 meeting.

6.  Voted unanimously to appoint Betsy Kirkpatrick as interim president until October, with help for community communications because her schedule does not allow her to take on all related tasks at the moment.

7.  Tabled discussion about filling the board vacancy until July 9.

Moved into Executive session to discuss personnel matters, legal issues, contracts.

Regular meetings: July 9, no meeting planned for August, September 10.

Adjourned at 9:22pm.

Version/ Date / Description:

D1 / June 28, 2018 / Draft submitted to board for review and edits.
D2 / June 28, 2018 / Revisions from KR.
APPR / July 9, 2018 / Approved.

Submitted by: KR, RPOA Board Secretary

RPOA Board Meeting Minutes – June 14, 2018

Minutes of the RPOA Board Meeting

Thursday, June 14, 2018 at 4 Concord Circle.

Board Members Present: Mary Buchanan, Elota Patton, Katie Raver (by phone), Mary Jane Daniels, Betsy Kirkpatrick

Non board members present:  Troy Manor, Michael Kannan (first topic only)

Board Members not Present: Cliff Finley

The meeting was called to order at 7:35 PM. 

The board began with 10 minutes of meditation/ contemplative silence.

Discussion, motions, and action items:

  1. Michael Kannan, property owner, spoke as a special guest on managing risks associated with asserting ownership of the entrance road.
  • We should not initiate a lawsuit due to risks of greatly escalating costs. 
  • We should check our insurance policy carefully to see what protection it gives to Radiance if we are sued. 
  • We should get an opinion on whether this is a good faith lawsuit. If frivolous, they can sue for damages. If good faith, they cannot. 
  • We should take action immediately to assert ownership of the road. 

2.  Discussion of insurance.

We have two policies: board insurance and liability insurance for roads/ pool.  We reviewed an email from Cliff Finley about coverage research he completed.

Action Item:  Mary to send the policies to the board members.

Action Item:  Mary to set up meeting with attorney Jason Snell and as many board members as possible, contracting/ paying him as our counsel.  Questions: insurance? how do we assert road ownership now?  putting up a sign?

2.  Meeting invitation to members.

We need a clear invitation to members for the June 30 meeting.  This needs to be an informational meeting first, followed by a voting meeting later.  We need to meet with the lawyer first to clearly determine what needs to be voted on, and then we need 15 days to alert the membership to the vote *after* we have a specific item to be voted on.

Agenda:

  • what the board is covered for
  • what is the community covered/ liable for
  • what are our options forward
  • what are the risks with each option
  • hear facilitated, timed feedback from our membership on the way forward

Action item:  Betsy and Elota to draft an announcement to the community about the June 30 meeting.

Next meetings: June 26, July 9, no meeting planned for August, September 10.

Adjourned at 9:09 pm.

Version/ Date / Description:
D1 / June 14, 2018 / Draft submitted to board for review and edits.
D2 / June 15, 2018 / Added edits from EP, submitted for review.
D3 / June 18, 2018 / Added edit based on feedback from BK, submitted for review.
Approved / June 18, 2018.

Submitted by: KR, RPOA Board Secretary

RPOA Board Meeting Minutes – June 11, 2018

Minutes of the RPOA Board Meeting

Monday, June 11, 2018 at 4 Concord Circle.

Board Members Present: Mary Buchanan, Elota Patton, Katie Raver, Mary Jane Daniels, Cliff Finley, Betsy Kirkpatrick

Non board members present:  Troy Manor

Board Members not Present: –

The meeting was called to order at 7:34 PM. 

The board began with 10 minutes of meditation/ contemplative silence.

Discussion, motions, and action items:

  1.  Mary reported on several items regarding entrance road research.

No response from the County Commissioner on unearthing proof of the county’s ownership of the road.

Open Records Requisition on the entrance road for county maintenance:  removed one dead animal and put up one sign, that’s it.

Mary met with the attorney Jason Snell today.  He is ready to take action with filing a Temporary Restraining Order on restricting commercial access to the road when he receives a $10,000 retainer.  This action would be privately funded and would be a stronger case with the RPOA listed as a litigant.

2.  Reviewed the survey results brought by Katie.

35 responses from the 54 possible adult property owners in Radiance.  This was not a formal vote and does not use the “one vote per property” rule used in Radiance formal votes.  It was just a survey.

Do you believe Radiance POA should assert our ownership of the entrance road?

Yes: 54.3%

No: 22.9%

Maybe:  17.1%

I don’t know:  5.7%

Do you believe Radiance POA should deny MBWV commercial access to the entrance road?

Yes: 31.4%

No: 28.6%

Maybe:  22.9%

I don’t know:  17.1%

Are you/ your household willing to agree to help pay for legal fees and/ or a lawsuit if Radiance POA chooses to deny commercial access?

Yes: 31.4%

No: 45.7%

Maybe:  14.3%

I don’t know:  8.6%

Also, many well-reasoned comments were left on the survey and we as a Board need to review and address them.  We need to proceed knowing that our membership has many differing perspectives and opinions and want different types of information and involvement moving forward.

Action Item:  Katie to email survey comments to board.

3.  Cliff reported on a meeting last Friday with attorney Jason Snell and a pending engagement letter. The attorney wouldn’t give us a chance of success and gave no response to our 20-50% chance of winning we were given previously.  We could be fighting against the city, county, and the Blacks.

4.  Board discussion of all entrance road findings up until now and requests for action.  There was discussion on making sure Radiance POA members could vote with access to all information.  There was also discussion about the need to take action quickly.

Cliff made a motion:  The RPOA Board shall call for a special meeting of the Radiance membership to discuss and vote on whether or not we will join with other interested parties in a lawsuit against the Blacks. Seconded: Betsy. Vote: Unanimous all in favor.

The special meeting will be called on Saturday, June 30 at 2pm in the Dome.

Action item:  Mary and Katie to draft notice to membership regarding special meeting and send to all owners.  Target to go out:  June 12.  It must go out by Thursday, June 14 at the latest to hold the meeting on the 30th.

5. Pool report from Mary.  Mary proposed a $100 bonus for Jeanine for May, Elota seconded, and it was approved unanimously.

6.  All other items to be tabled until July.

Planned meetings to prepare for special membership meeting: June 14 and June 26.

Regular meetings: July 9, no meeting planned for August, September 10.

Adjourned at 9:27pm.

Version/ Date / Description:

D1 / June 11, 2018 / Draft submitted to board for review and edits.

APPROVED / June 12, 2018 / Edit from EP, MJD, all board members approved.

Submitted by: KR, RPOA Board Secretary

RPOA Board Meeting Minutes – May 28, 2018

Minutes of the RPOA Board Meeting

Monday, May 28, 2018 at 4 Concord Circle.  Special meeting called.

Board Members Present: Mary Buchanan, Elota Patton, Katie Raver, Mary Jane Daniels, Cliff Finley, Betsy Kirkpatrick

Non board members present:  Troy Manor, Bob Logan (for first agenda topic)

Board Members not Present: –

The meeting was called to order at 7:34 PM. 

The board began with 10 minutes of meditation/ contemplative silence.

Discussion, motions, and action items:

  1. Guest topic: Bob Logan owns land in the vicinity, adjacent to the neighboring Mark Black Wedding Venue and asked for time to speak to the board.He brought a request: he wants Radiance to assert its ownership over the 650 feet of Concord Circle leading into the neighborhood and adjacent to the Mark Black Wedding Venue property in order to deny MBWV commercial access.  Bob brought 2 documents including a list of what he knows/ presumes to be true about that stretch of road.  He also showed a platt of his land and how it’s like a thunderbird. He says he’s been charged to reawaken Thursday Mountain through prayer and ceremony. He also referenced article 4, section 1, paragraph C of Radiance bylaws.  Per Bob, the goal of all his contortions is to buy the property from the Blacks.  If Radiance owns the road, use of the road is a civil matter between Radiance and the Blacks.  His assertion is that because of his 9 foot easement at Gateway Trail, the Blacks should have no other access.  He also wants to ask for an easement for the use of the road for his access and he’s happy to pay for his use of the road – for 9 feet wide easement access.

2.  Cedar amendment – tabled until next meeting.  Cliff brought several suggestions about how to move forward given community feedback.

3.  Board discussion of what Bob brought.

Action item:  Katie and Elota to draft a summary letter to Radiance membership about the RPOA board’s efforts to research the entrance road, including legal advice and consultations with the county, to be edited by Mary, Betsy, Cliff, and Mary Jane and then sent to the membership. Target: send out this week.

Action item:  Elota to complete the detailed timeline of events regarding the entrance road.

Action item:  Mary to meet with lawyer Tom Levinson and county Commissioner Ray Whisenant.

Next meetings: June 11, July 9, no meeting planned for August, September 10.

Adjourned at 9:14pm.

Version/ Date / Description:
D1 / May 29, 2018 / Draft submitted to board for review and edits.
D2 / May 31, 2018 / Added edits from BK and MJD. Awaiting other board reviews.
Approved / June 1, 2018 / Approved by all board members.

Submitted by: KR, RPOA Board Secretary

RPOA Board Meeting Minutes – May 13, 2018

Minutes of the RPOA Board Meeting

Monday, May 13, 2018 at 4 Concord Circle.

Board Members Present: Mary Buchanan, Elota Patton, Katie Raver, Mary Jane Daniels, Betsy Kirkpatrick

Non board members present:  Troy Manor, Jeanine Christensen (for one topic by phone)

Board Members not Present: Cliff Finley

The meeting was called to order at 7:37 PM. 

The board began with 10 minutes of meditation/ contemplative silence.

Discussion, motions, and action items:

1. Continued discussion of entrance road.

Discussed a community meeting to outline the ways forward whether or not we own the road and the details about the board’s recommendation for the suggested legal way forward. Decided to not have a meeting because attendance would likely be low and we do not wish to seek actions that would result in a lawsuit.

Action item: Elota to continue working to complete her historical report of the road, including reviewing all Radiance board minutes.

2. Cedar tree report.  We need to discuss and clarify that if you want to take down a privacy screen, you need to talk to neighbors, plant trees, and continue to consider the habitat of the golden creek warbler.  The cedar amendment will be discussed and voted on at the general membership meeting in October.  The current amendment was only voted on by the board and is only temporarily in place until the next general membership meeting.

3.  Incorporation discussion.  Because the window for incorporating this year is closed, efforts are continuing but not as urgently.

4.  Pool report from Mary. We’ve collected $6500 so far for the year, less than two weeks open.  12 friends of Radiance, 12 Radiance members. Security cameras are being purchased for the pool area.

5.  Firewise report from Elota. 

Past meeting at Goldenwood West Pavillion went very well.  Thanks to everyone who made cookies and participated! 31 guests and 6 of the 7 Firewise team members attended.

Next activity:  Tuesday, May 29, 7-8pm, Goldenwood West Pavillion.  Laurel and David will do a class.

Sunday, June 3, 9am-noon.  Community work day!  This is part of the requirement of us becoming a certified Firewise Community.  Our theme this year is “Firewise Your Own Yard!”.  Leaf raking, roof gutter cleaning, brush clearing, etc all counts and you can log these hours.  Email your hours to Elota Patton so she can submit them as part of our record to become a Firewise Community.

6.  Communications and Board Minute Posting

Action item:  when board meeting minutes are approved, Katie will post minutes at the mailbox, on the Radiance listserv, and on the radiancetx.org website.

7. Delinquent RPOA dues. Several Radiance members have delinquent RPOA dues. Two liens have been filed to secure those past due amounts against properties. 

Action: Mary Jane to research more about the RPOA responsibilities on collecting past dues, issuing liens, and moving forward with foreclosure proceedings according to Texas state law.

8.  Nominating committee.  Tabling.

9.  New business.

From Mary: Ann Taylor wrote a letter saying the Ia Creek Estates needs to be included on communications that affect all the neighborhoods.  The board concurred.

10.  Jeanine wanted to discuss Concord Circle ownership.  She attended for this topic only via phone.  She asked us to proceed with confidence in asserting that the road belongs to Radiance, and that the Board move forward with plans to put up a gate. The board discussed that the cost of a gate and other factors would be too costly for Radiance, especially given the costs and advice already incurred.

Action Item: Mary to set up a meeting with Ray Whisenant and ask more about ownership of the road.

Next meetings: June 11, July 9, no meeting planned for August, September 10.

Adjourned at 9:01pm.

Version/ Date / Description:
D1 / May 29, 2018 / Draft submitted to board for review and edits.
D2 / May 31, 2018 / Included edits from BK and MJD.
Approved / June 1, 2018 / Approved by all board members.

Submitted by: KR, RPOA Board Secretary