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BPPOA Board Meeting MIns 3.4.17.pdf

Bear Paw Property Association


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BPPOA Special Board Meeting Minutes
Bear Paw Clubhouse
9:00 am

A Special Board meeting was called to revisit the by-law amendment ballot issue that was tabled at the last meeting due to questions on the interpretation of the current by-laws, referencing Article IX regarding the 75% voting criteria.

Directors Present: Pat Roberts, Tricia Swiger, Ron Taylor, Andrea Folkertsma via Facetime connection

Directors Absent: Mark Ackerman, Al Snaider, Greg Brock 

Members present: Wayne Roberts, Bob Edwards, Jeannette and Charlie Smoot, Eileen and Jim Humphlett, Mike and Mary Maul, Gail Taylor

The meeting was called to order by Andrea Folkertsma, President. 

Andrea opened the meeting with the Pledge of Allegiance at 9 am.

Andrea then proceeded to share her findings from the Attorney on the by-laws voting questions that had been requested at the prior meeting to be clarified before a vote on the proposed ballot.  Report attached.

There was an open discussion by all.

The cost of seeking legal advice was raised. The request for said legal advice was requested at the prior meeting, March 4, 2017 by several members and would be a BPPOA cost if one were incurred.  There may well be no cost.

Andrea redirected the meeting to the stated agenda of this special board meeting, that being the acceptance of the proposed by-law amendments ballot (see attached) that included six basic changes to our current by-laws.  

A motion was made by Tricia Swiger that the board votes to send out this by-law amendments ballot to all Bear Paw property owners via the U.S. Postal Service using our current county tax records for addresses. This ballot would be attached to a requested update of our BPSD owners' information sheet that would include their current address, telephone number and e-mail address.

 Andrea seconded the motion.

Discussion followed.  There was much discussion and confusion regarding various alternatives and whether our primary objective would be achieved.

A vote on the motion was taken resulting in a 2/2 yes/no tie and therefore the motion did not pass.
There was some further discussion that another board member not in attendance could be called to break the tie and/or emailed for their vote. It was the consensus of the members in the audience that this was not a proper way to handle it and the 2/2 vote stands.

There was further discussion and input with the goal of obtaining consensus by board members present that the amendment ballot only include Article II as presented below that led to an overall agreement that, pending a motion, was to be voted on. 

Art. II DEFINITIONS.  Add “Usage of the the words “mail” and “mailing” herein to refer to and include personal handling, U.S. postal mail, E-mail and any other future technological means of communication acceptable for legal notifications.
                                FOR:_____  AGAINST: _____
Ron Taylor made a motion to send a ballot requesting a vote on the above to be mailed out with the BPSD information sheet by April 17th.  Tricia Swiger seconded the motion and it was passed unanimously.
Implementation steps were agreed to as follows:

1. This amended ballot is to be mailed out via U.S. mail attached to the BPSD information form to all Bear Paw Service District lot owners on the tax rolls as of April 1, 2017.

2. A committee of 4 members volunteered to oversee this mailing out and to tally all ballots. Mike Maul, Wayne Roberts, Jeanette Smoot and Gail Taylor volunteered.

3. These by-law amendment ballots must be returned by May 17th.  All ballots returned by that date will be tallied by the volunteer committee and the results presented at the annual meeting.

Tricia Swiger made a motion to adjourn the meeting.  It was seconded by Pat Roberts.  Upon a vote called by Andrea Folkertsma, the meeting was adjourned.

Respectfully submitted, 
Tricia Swiger/Gail Taylor for 
Al Snaider, Secretary of the BPPOA

It was discussed after the meeting to also included in this mailing will be information from the POA nominating committee, along with a request to consider being a candidate to fill three vacancies on the POA board and a voting proxy form. The annual meeting and election is scheduled for May 27, 2017. 

BP Bylaws ballot.pdf

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March 4, 2017 

Directors Present: Andrea Folkertsma, Ron Taylor, Tricia Swiger, Pat Roberts, Al Snaider, 
Greg Brock 
Directors Absent: Mark Ackerman 

 The meeting was called to order by Andrea Folkertsma, President. 

Tricia Swiger presented the financial report of the BPPOA, which reflected a balance of $2,858.93 as of 2/28/17. A copy of the full report is attached and, for the record, is made a part of these Minutes. She advised that a complete budget for the CAC/BPPOA would be presented for approval at the May meeting. 


Ms. Swiger reported that the CAC, which was authorized by the BPPOA Board last year, had sponsored a number of very successful activities since May 2016. She further announced that in order to be as inclusive as possible, the CAC committee has been expanded by including representatives from the Bear Paw Cottage Owners Association (Dotty Hayes) and the Lakefront Property Owners Association (Sandra Thrift). The Condo Property Owners Association has also been asked to appoint a representative. She emphasized the importance of continuing fund-raising efforts and challenged the BPPOA Board members to make individual donations to the BPPOA. 

Maraya Magness, Chairperson of Special Events, announced the CAC’s proposed plans for the upcoming year and made a request for funding approval in the amount of $2500. A copy of this request is attached and, for the record, is made a part of these Minutes. Ms. Magness reported that there are at least two new events this year;  a family Arts and Craft Day and a Movie Night. A one-time event to coincide with the lunar Eclipse in August is also being planned. 



Ms. Folkertsma announced that after their initial report, the By-Laws Committee she appointed last year (David Dempsey, Steve Jones and Mark Ackerman) had incorporated BPPOA Board recommended changes before e-mailing their final recommendations for By-Laws Amendments to the Board for their consideration. A copy of their final recommendations incorporating the BPPOA Board recommendations is attached, and for the record, is made a part of these Minutes. She began the discussion by explaining that there were a number of recommended 

Amendments that were being called “no brainers” and a couple of suggested Amendments that still needed input from the community. She explained that these two Amendments have to do with significant inconsistencies between the BPPOA Articles of Incorporation and the BPPOA By-Laws. 

In the middle of her presentation, a question was asked about the feasibility of pursuing any 

By-Laws Amendments at all since it was believed by some that it would be nearly impossible to achieve the “75% approval” required. This was based on the understanding by a number of people at the meeting that the requirement for approval was that 75% of LOT OWNERS had to approve any By-Laws Amendments. After Article IX of the By-Laws was read aloud in the meeting, there were some in the audience who thought the correct interpretation was that 75% of the lot owners VOTING on the Amendments had to approve for an Amendment to be adopted. 

After much heated debate on this and other topics, Ms. Folkertsma attempted to end the chaos and confusion by making a motion that: 

* She would obtain clarification from a lawyer about the “75%” question and any other areas of concern. 

* That, depending on the outcome, the Board could send out a ballot, which only included the By-Laws Amendment having to do with allowing e-mail communication/notification. (This would be mailed with the Bear Paw Service District (BPSD) mailing being done to update records) 

* That, at some point, the remaining By-Laws Amendment recommendations could be sent out by e-mail. 

NOTE: There was never a second or a vote on this motion. 
There continued to be intense discussion among the Board and the audience, even including a lengthy airing of concerns about past actions of the BPSD. 

Finally, a decision was made by the Board to set another BPPOA Board Meeting for April 8 at 9:00 to allow further clarification, review and discussion of the proposed By-Laws Amendments prior to any action being taken by the Board. 

The meeting was then adjourned. 

Respectfully submitted, 

Eileen Humphlett for 

  1. Al Snaider, Secretary of the BPPOA

This is your association.  All Bear Paw Service District Property owners are voting members.  The main function is to oversee the election of board members and the by-laws.  This same elected board is also your Service District board.   The funds for your association come from fundraisers and donations.  Unlike the Service District that must adhere to strict regulations and is funded by your tax dollars, the BPPOA can fund events, purchase fun things and vote on how things are run.

All functions are run by volunteers.  The Bear Paw Service District Office does not have anything to do with functions of  the association.

So keep us strong: 

 Join in, volunteer and donate!

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