PFR Board meeting minutes 01-30-06
In attendance: Board members Bob Beglau, Bruce Garlick, Jim Lauby, Donna Keel, Toby Newlin, and residents Mike Natinsky, Bill Paschall, and Robin Newlin.
The last board meeting minutes were approved with a motion by Mr. Beglau and seconded by Mr. Garlick. Mrs. Keel presented a profit and loss statement for 2005, another for January 2006, and a register report for all transactions since the last board meeting. At that time, $18,800 in 2006 had been received and deposited.
Board Membership: The board formally and regretfully accepted the resignation of Jim Lauby due to personal reasons. The board then formally accepted the nomination of Toby Newlin to fill the vacancy. Mr. Newlin was the next choice of the membership at the September annual meeting.
Amendments: Both amendments are close to passing with 120 votes for the dues amendment and 113 votes for the rental amendment. Further efforts will be made the collect the signed amendments from those that have already committed verbally and those who have not responded. Jim Lauby, Sue Bennett, and Security State Bank will continue to provide notary service.
E-mail list: We have received a request for PFR property owners email list. After discussion, it was reiterated that the list will be kept private and used for PRF business purposes only. Mrs. Keel will maintain the list.
ACC document: The committee reported that it had noted several covenants or restricts that were inappropriate in natures for Paleface Ranch. The decision was made to delay any further changes until the current amendment changes were resolved.
Cows/Wildlife: It was reported that the grazing agreement between Mr. Watson and Paleface ranch was formally ended 1/28/06. Mr. Beglau reported that the association had sent a letter to Mr. Watson in order to formally terminate the arrangement. Mr. Newlin agreed to compose the wildlife correspondence into a concise letter for the owners.
Covenants: The Paleface Ranch covenants are now on the PFR website. It was noted that an index would be helpful in locating specific information. Mr. Newlin agreed to compose the index.
Road Fund: Mr. Beglau suggested that the committee should, at some future meeting, consider dedicating a portion of PRA assets and/or a substantial portion of the annual dues to a fund for continuing road maintenance as needed. This will be addressed at a future meeting.
Boat Ramp and Entrance Improvements: The boat ramp has been widened to allow river access without encroaching onto lot 13. The cost of this project was $5,548. The mailbox area was paved at a cost of $5,500. The cattle guards were filled at a cost of $550. There was discussion of the need for a formal master plan before any more funds were expended on the entrance. No formal resolution was made.
Lawsuit: Mr. Garlick gave a summary of all activities to day for the benefits of Mr. and Mrs. Newlin and Mr. Paschall. The board formalized its arrangement with Mr. Garlick, accepting his generous assistance in resolving this matter. The formal resolution is attached.
Paleface Ranch Association Board Resolution
The Board of the Paleface Ranch Association Resolves as follows:
Whereas the Paleface Ranch Association has been in litigation with Jack and Robin Stephens and Donald and Annette Tamborello (“the Defendants”) for some time regarding the Defendants’ violations of the Covenants of Paleface Ranch;
Whereas the Paleface Ranch Association has spent considerable sums of money in first prosecuting and then defending this lawsuit;
Whereas the Defendants have attempted to bankrupt the Paleface Ranch Association by pursuing this litigation instead of voluntarily complying with the Covenants of Paleface Ranch;
Whereas a Travis County Court of Law has ruled that the Defendants have violated the Covenants of the Paleface Ranch and are liable to the Paleface Ranch Association for its attorney fees and for actual damages;
Whereas, the Paleface Ranch Association does not seek to liquidate its assets to continue with the prosecution of this lawsuit; and
Whereas, Paleface Ranch resident and Paleface Ranch Association Board member Bruce Garlick has offered to advance up to $20,000 in legal fees to the Paleface Ranch Association for legal services rendered in an attempt to resolve this lawsuit; and
Whereas, the Paleface Ranch Association agrees to reimburse Bruce Garlick for all fees advanced from proceeds obtained in resolving this lawsuit, up to his advance offer, if such proceeds be obtained; and
Whereas, the Paleface Ranch Association board approves of the need to enforce by law this violation of its Covenants;
Now, therefore the Paleface Ranch Association on January 30, 2006 hereby resolves to accept the offer made by Bruce Garlick.
Board Member President Date
Donna Keel for Ken Thoreson