Minutes from Sept 2016
Dearborn Meadows Land Owners Association Special Meeting
September 3, 2016
Fire Hall, Dearborn River Road
Jim Beck called the meeting to order at 10:50 AM. There was a long line of members signing in and paying dues. 51 Members were present representing 32 Voting members (properties). Janet Hedges reminded the assembly that there could only be one vote per property. Pat Racicot made opening comments that the purpose of the meeting was to discuss the gate on Powerline Road and that we want to find a peaceful resolution. John Sechina, Principle of JRN Holdings, Inc. stood and brought forward a “Notice of Objection to Official Business conducted at Informational Meeting.” (Exhibit A) Art Powell read the Notice to the assembly. Art Powell presented arguments as to why the Special Meeting was legitimate and that we were authorized to conduct business.
1. Bylaws of Dearborn Meadows Land Owners Sec.12 (Exhibit B) “If for unknown
reasons... viable institution..., a Special Meeting will be called by the President of the Board.” The Sechinas are directly challenging the authenticity and viability of the Dearborn Landowners Association in their communications and by stating they intend to re-install the gate on Powerline Road. The President of the Board called the Special Meeting to address the concerns of Landowners over their intent to install the gate and the road closure. The bylaws do not prohibit other reasons
for a Special Meeting. This is not a semiannual meeting and did not have to meet the mailer and advertising requirement in news print. The sign did state the reason for the Special Meeting.
2. JRN Holdings “objects to anyone representing themselves as having authority to speak for the Dearborn Association, particularly in a manner detrimental to JNR's private property rights, without first obtaining member approval.” Art read ARTICLES OF INCORPORATION item #4 on Pg 1 (Exhibit C) “The primary and exclusive purpose of this corporation are to represent the interests of the property owners of that land development knows as Dearborn Meadows and Upper Sawmill...' These interests include, but shall not be limited to, the following:
(a) to maintain a viable road system through Dearborn Meadows and Upper Sawmill. The board was elected by the members and has the authority and is acting in the best interests of all members and must respond in good faith to the Sechina's actions and threats.
Pat Racicot had points to clarify:
1. He has an original copy of a 1961 Forest Service map showing Powerline Road.
2. He again emphasized that we want to resolve things peacefully without going to court. We are all neighbors.
3. All of us have the right to access to the water and to our parcels. There are four
(4) river access points: Shoquist, Powerline Road, Split Rock and Long Drop. Discussion was opened to members to comment on the issues, limited to 3 minutes each. Several members spoke both in favor and against closing the Powerline Rd.
Perry Jones stated that the roadway easements are open to all owners for driving vehicles and ATV's. The roadways are for driving and are a separate easement from driveways which access personal property.
Motion: by Perry Jones: All roadway easements on filed plats are accessible to all Dearborn Landowners for access and recreational use. Motion was 2nd by Janet Hedges, final vote: 32 Yea, (35 votes were counted) 0 Nea Motion carried.
Perry S. has property above Goff Pass and takes 1 hr and 15 minutes to access. In the event of a fire, we have to keep our roadways open to allow for safe access to and from all properties. Roy, Fire Chief, reiterated the importance of all roadways being open and accessible. Group discussion again continued and Pat Racicot again reiterated the need to come to a peaceful resolution. A question was posed regarding gates on a dead-end road. Can the roadway be gated? Member response was all roadways are to remain open. Driveways can be gated. Art Powell stood to read the letter to the Association from Sechina attorney Dave Gallik to show their hostile tone, attitude, intent and threatening violence (Exhibit D). As the board was seeking legal advise on this issue, the primary concern was JRN Holdings intent to establish a reverse Prescriptive Easement by violently and adversely preventing Landowners access on Powerline Road for up to 5 years. If the Landowners allow this type of behavior to continue then JRN Holdings could successfully establish a Prescriptive Easement to gate off the road. Their actions appear to be violent and adverse. Troy Dane stated that his two boys, Tyler and Tate Dane were threatened at gunpoint (by a property owner on Powerline Road) while trying to access the river via Powerline Rd., and were forced to leave. So, Art continued, we have to address their actions and stop their closure of the Powerline Rd. Art read the sign that is at the gate posts on Power Line Rd, (Exhibit E) stating that only landowners that own land across the river can proceed. This sign violates the Dearborn Landowners road policy.
Motion: by Art Powell: The gate, posts and sign on Powerline Rd. are to be removed by Sechinas. 2nd by Tim Ferriter, final vote: 28 yea, 2 Nea. John Sechina and woman with questions to close dead-end roads voted no. Motion carried.
Motion: by Art Powell: The Board of Directors is to send a letter to John Sechina, (JRN Holdings, LLC ) to remove the gate, sign and posts within 30 days of receipt of the letter. Should they not comply by removing the gate, posts and sign, then the Dearborn Landowners Association will hire a contractor to remove the gate, posts and sign and will bill JRN Holdings.. Should they not pay the contractor bill, then the Association would file a lien on the JRN Holdings property. 2nd by Marlene Weigand, final vote: 31 Yea, 0 Nea. Motion carried.
Perry Jones suggested that another means of settlement of paying the bill be used other than filing a lien, like Small Claims Court. It was suggested to bring up the matter for further discussion at the next semiannual association meeting. No motion was made to take out the Lien provision.
An issue was brought to the board regarding roadwork being done and leaving a mess of trees, root balls and other derbies along the roadway.
Motion: by James Jaggers: Anyone doing roadwork must clean up their mess of trees and other debris left from the roadwork. 2nd by Karen Jones, final vote: 29 Yea, 0 Nea. Motion carried.
Someone asked if the meeting was being recorded. (Bob Sechina had been holding a small camcorder during the meeting) Bob Sechina replied that this was a public meeting. A member stated that it had not been announced at the beginning of the meeting that it was being recorded. Shortly after that Bob stopped recording the meeting. The next discussion was about grants for spraying weeds and county co-pay. Dan Ginnaty had contacted the Cascade weed district and they stated that the Dearborn valley was a wreck from the weed standpoint. They will supply beetles for Knapweed, free of charge. The Cascade Weed District would like to meet with us as a group. It was suggested and confirmed that the Bylaws need to be updated and re-written. Meeting adjourned at 12:30 PM.
Minutes by Art Powell
Dearborn Meadows Land Owners Association