RLCA Board of Director’s Meeting Minutes, April 6, 2021
Meeting called to order at 6:00 PM
Present Vice-President Joe Dickinson, Treasurer Jim Boothby, Secretary Charlie Bennett, Gary Long, Bill Pease and Jeff Toffer. There is a quorum present. Jim Boothby is chairing the meeting in the absence of our president.
OLD BUSINESS
Secretary presents previous month’s minutes for approval. Jeff Toffer moves to approve prior meeting minutes as written. Gary Long seconds. Minutes are unanimously approved.
Status of lawsuits:
There were three lawsuits brought against us this year. Here is the legal update:
September 2020: A new RLCA Board was elected by the membership to replace the appointed board.
September 2020: Mr. Lee and Mr. Powers filed to freeze the bank funds and to contest the formal ballot election.
November 2020: Lee, Powers, Emry, Kimball and Bishop filed a 236 page lawsuit to have a custodian appointed, and to split the lake into four entities: Water, Roads, East and West Associations with paid management. This is still an active lawsuit.
January 2021: Judge Tony Hazel ruled in favor of the current elected board, so that means we were given the bank account and the authority to operate the association as a board.
March 2021: Mr. Lee and Mr. Powers appeal Judge Hazel’s decision that the elected board is the legal board. This should be decided in court this month or next month.
March 2021: A third party complaint (a response to the lawsuit brought by Lee and Powers in Nov. 2020 to divide the association) was filed to include all that were involved in the appointed board ‘s actions: the other three board members, the RWA and the lawyer that was hired by the appointed board to transfer the water rights. This was done to allow discovery and depose those who may have committed unlawful and/or unethical acts while representing the community.
The board’s position going forward will be:
- Outline the issues in dispute
- Show the consequences of splitting—for instance, higher dues being one of the consequences.
- Prevail in litigation
- Propose a compromise if anyone is willing to listen
- Have a membership ballot vote prior to the large lawsuit to let the judge know the position of the majority of the people that live in the community
All funds spent to date were voluntary contributions by 25 members and no RLCA funds have been spent. As the large Lee/ Powers suit hits in the coming months, that cost will be borne by the full community because it is not against the board—it is against the whole lake association.
Any questions? Susan Weeks says she was at the last board meeting and questions when the private meeting was that decided to instead of defending the lawsuit to add more people and sue the RWA. The reply is there has been no private meetings, only discussions with our lawyers. She says that she just received notice that the RWA was being sued. Charlie Bennett replies that the RWA is not being sued, they have just been brought into the complaint, which is our response, of the Lee/Powers lawsuit. She thinks that we filed a new suit, however, it is a response that now includes all involved. She is wondering who authorized it? Charlie Bennett states the RLCA board and membership has been sued and this complaint is the response necessary for the courts. A member asks if the water association is part of the RLCA and if one does not fund the other? Charlie Bennett replies, it is two separate corporations, one being a community organization and one being a PUD and they do not fund the other.
NEW BUSINESS
Treasurer’s report: All money combined, we have $65,596 including a full reserve account of $35,000. We have $17,858 left to spend in the current year’s budget until October 1. The board still needs to find out where we stand legally with the $13,882 lawyer bill left over from the appointed board, so capital projects that were approved by membership will not be funded until that is decided. There is $2054 in delinquent dues and $755 in bad debt totaling $2809. Dues will be $175 this year per lot. The first budget meeting to determine next year’s budget is may the 18th. On May 7th all committee heads will receive papers to determine their next year’s budget needs. The proposed budget will go to review beginning June 1st, giving a month for review. We always aim to stay inside our budget.
Any questions? A community member would like to know the difference between bad debt and delinquent dues? Jim Boothby replies that Bad debt is once it goes to a lien status to collect when the property is sold.
A member on zoom asks what is the insurance coverage on the lake. Jim Boothby replies $2 million to cover the lake and any liabilities to the lake. Vonnie Hutchison is currently reviewing the insurance policy with the RLCA insurance company. Susan Weeks is asking if we are going to continue to privately fund the lawsuit and what point are the members going to be taking that on. The reply to that is not until the community is fully informed and has a chance to vote. Susan Weeks states that the RWA has turned their part in the third-party response over to their insurance company to fight.
Conservation, Maintenance, and Dam’s by Dan Loos: Thank you to Jeff Toffer for the order and the delivery of the fish last week. It was a lot of fun for all that showed up! Dam maintenance update: In trying to follow the guidelines of the state we will apply 2-3- inch basalt rock to the south side of the south dam. It will be delivered once the dam is not so soft in a month or two in increments as money becomes available in order to not go over budget. The survey will have to be put off until next year, since it will cost up to $3000 and rock will cost $3000-$4000 dollars. We will have an engineer look at the main valve and depending on cost may be able to fix this year. The depressions on the north dam are being monitored and we don’t know if it is county or lake responsibility. Also, we will talk to the county about chip- sealing Lakeside drive, hopefully this year. The outflow grates will be cleaned out daily by volunteers. Big john takes care of weeds, however, there are concerns made by some community members about the components in the spray and they propose to pull weeds instead of spraying. More investigation will be done. Please come to the CMD meetings the Tuesdays before the board meeting. We have been communicating with the state for ideas to promote aquatic growth in the lake, in order to help clean the water and provide protection for the fish. The portable potty is at community center—2-3 more will go out once fishing season starts. Clean up on Elk-Milan road is on April 10th. Please show up at the Bennett house at 10:00 and county will provide all that you need. The goal is to pick up all the way to Riverside. Also, the locking cable is missing at Turtle beach– please turn it in if you know anything about it. Boat racks were discussed to increase beach space. Please volunteer time, funding, and know-how in order to get this done and additionally, there will be a boat auction for unclaimed boats. Please claim your boats! Those that are not claimed will be auctioned off. Also, we already have in the budget two truckloads of sand for Bald Eagle Beach and Bing’s Landing due to erosion.
Boat situation: Randy Kenworthy: The goal is to clean up the abandoned boats and possibly build boat racks and get them off the beaches to provide more beach room. The idea is to identify your boats with block and lot number and put in a register book at community center identifying you as owner of the boat. The goal is to identify abandoned boats and boats that get away from beaches. The stickers can be purchased at any hardware store inexpensively. Jim Boothby states that 11 years old and under must have life jacket on in boats and near when in water. Fishing will be opened in a week or so and we will have poachers all over. We all have a responsibility to keep poachers away. Ask questions, take license plates or call security.
Roads committee—Casey Lambert and Robert Syverson: Rick Hayes and other members filled the pot holes Thank goodness! Please keep the speeds down to keep the gravel in the holes. Bids are coming soon and community members that live on those roads will be assessed with the association maintaining it afterwards. However, nothing is finalized. Roads committee meeting is Thursday’s after the board meeting at 7:00. Please come. A goal is to have bids put together by annual meeting. We would also like to schedule get togethers in order get to know your neighbors. Stay tune for more information about these get togethers.
Firewise Captain and Secretary report—Charlie Bennett: We will continue to put out the minutes in draft form to all members, but please let us know if you like this feature. I will talk to Vonnie Hutchison so she lets our insurance company know about our community wildfire prevention measures. Our personal insurance, State Farm, has added wild fire defense measures for your home for free. They have lots of good ways to save a home. Several insurance companies are getting involved with fire prevention and Firewise. Additionally, we have great news, our community was picked to spot light Spokane county in the Wildfire Ready Neighbors Campaign. DNR and the state are paying for the dumpsters—at least 2- 30- yard dumpsters and they are paying for our fire hydrant too! There will be more information in the newsletter. The media will be here on April 29th (THIS IS NOW CHANGED TO APRIL 30, AS OF WEDNESDAY APRIL 14, because of a conflict in Hilary Franz’s schedule) as well as the commissioner of public lands. Check with your insurance companies about getting a discount since we are a certified Firewise community and once we get that draft site in check again, because that may lower your rates as well. Bottom line is, the safer our community becomes, the more money we can personally save in insurance rates. Our official clean-up day for the community is May 1st, at 10:00 with a picnic afterwards. We need some community members to bring side dishes, so let Sandi Bennett or Angie Ward know what you can bring. Also, if you need to know your block and lot number to identify your boats, it will be on your address label that has the newsletter or Charlie Bennett can supply that information as well.
Charlie Bennett is formally asking Susan Weeks for the agreement and contract for the transfer of water rights on behalf of the RLCA. Susan Weeks replies it was turned into a quit claim deed and it is on the website. Charlie says he has looked and it is not on there and Susan Weeks says it is on a different website. He reiterates that we would like to see that contract.
Additionally, every member is a part of security; don’t put it all on one person to check on the lake. We do not have an official security person yet so if you see something, say something. Call the sheriff if you see a crime.
Also, there is a yard sale at the Bennett’s house (37116 N Dunn RD) to coincide with Elk Days. You may participate in this yard sale in several ways: Have your own yard sale at your house, set up an area at the Bennett’s house, or donate your items directly to the Bennett’s and these proceeds will go to the RLCA. We will direct people to the lake for your personal yard sales. All things donated to the Bennett’s for RLCA will be donated if not sold during that weekend.
OTHER BUSINESS
Call for nominations to fill two board member spots. Rick Smith has had to resign due to personal issues re-elected and Chris Cato has sent in his resignation as his work schedule does not permit him to come to the board meetings. These two positions are temporarily appointed until the elections in July where they will have to be elected by the community if they wish to stay on the board. Charlie Bennett nominates Lucinda wiser and Gary Long seconds. Joe Dickinson, vice-president, is not accepting the president position. Joe Dickinson nominates Sandi Bennett and Charlie seconded. The vote is unanimous to appoint Lucinda Wiser to the board. And the vote is unanimous to appoint Sandi Bennett to the board.
Any additional comments by members A member on zoom asks if the website is being kept up and the answer is yes. No more questions. Jim Boothby moves to adjourn the meeting and Charlie Bennett seconds. The meeting is adjourned.