Agenda Meeting ~ March 20, 2014

Board Members Present:

President Mary Pracht                    Diane Jones

Vice President Joe Claflin              John Cummings

Treasurer John Porter                     Suzie Combs

Secretary Faye Taylor

General Manager James Turner

Board Members Absent:

Larry Hibbs

Ken Benck

            Meeting began with a presentation by Nominating Committee member, Bob Jones.  Bob proposed changes to the written procedures to reflect actual alterations that have been implemented:

• No Ballot Box will be available in the POA office.
• All Ballots will be sent to a 3^rd party / Accounting Firm in the envelope provided.
• Last day to apply for a Board position is April 30^th
• Anyone interested in running for the Board should obtain a copy of the By-Laws, Bill of Assurance & the Ethics Statement.

Click here to view Nominating Committee's letter to the community. 

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Board memo regarding Cemetery Lot ~

As a recipient, Rick Noffsinger requested this memo be posted:

From: John Cummings [mailto:johncummings73@gmail.com]
Sent: Thursday, December 19, 2013 11:13 AM
To: suzzi combs; Benck, Ken; diane jones; Faye Taylor; Joe Claflin; john cummings; john porter; Larry Hibbs; mary pracht
Cc: jimmie weber; Rick Noffsinger
Subject: ACC Meeting on 18 Dec. 2013

The ACC met this morning and approved a new house permit; setting on 19 acres on Possum Run. That's the good news.

We also had a permit request from Noffsinger's for a privacy fence around the cemetery on their lot. All our regulations and policies, as well as Arkansas cemetery regulations, were carefully reviewed by the ACC during the meeting and the permit was issued.

Sue and Joe Pelt paid for the wrought iron fence around the grave site and I believe the stair steps were done by the Questers. This mess just keeps going on and getting worse and worse due to Director Porter's insistence, and now Rick is determined to push back.

This is a big black-eye for this Board and Diamondhead, and seems to have become a laughing matter to some people in our town meetings because the Board can't get it put to bed. The sticking point is our interpretation of Robert's Rules of Order, of which there are many versions. Some versions, including mine, say quote: "a motion to consider again can only be moved by a member who voted on the prevailing side". It is important for us, as the DPOA Board, to decide which way WE want it. I thought that back in November WE decided that the losing side could not make a motion to reconsider this issue, but they did anyway.

If we allow the losing side to reconsider motions, that could go on forever with sore losers on everything we pass. Therefore, I request the Board decide on which interpretation we want for OUR rule at our January 2014 Board meeting and make it retro-active.

John Cummings

Note of Confirmation:  I, Diane Porterfield, just listened to the tape recording of the Board meeting, again.  Fact:  Ken Benck abstained on the 'Cemetery Lot' issue in the October Board meeting.  Dec. 12th Board meeting Ken Benck made the motion to rescind the approved resolution.  Fact:  John Porter abstained on the 'Cemetery Lot' issue in the October Board meeting.  Dec. 12th Board meeting John Porter seconded the motion to rescind the approved resolution.

Cemetery Lot update

We are happy to see Diamondhead property owners paying attention to current Board actions concerning the CemeteryLot.  One negative example came from DHPOA member, t             .          has taken it upon herself to chastise my wife on our property and in our home.       believes we are bullies and this is simply an effort to have our dues dismissed from this property. She also believes we will end up giving the property back to Diamondhead.  WRONG!!!!

Here are some facts that pertain to the ‘Cemetery Lot’ owned by the Noffsingers:

• DRC(Diamondhead developer) and ACC (DH Architectural committee) have stated this lot is not suitable for home construction.  If the lot is not suitable for home construction, what is the argument?  No one would want to have a grave site in their front yard.
• It has been said by the board of directors they believe we will end up giving this lot back to the DPOA. They are so wrong!  We will keep this lot and pay the dues as long as this board behaves in this unethical manner.
• There is no sewer or water tap on this property.
• This is a very unique lot / one of a kind in Diamondhead.
• The Board’s arguments will not stand up in a court of law.  The Noffsingers have the right to protect and control their property as they see fit. The “grave site” is on Noffsinger property, not Diamondhead.

Notice to the DPOA Board:  The Noffsingers will fence off the grave site from visitors and the steps going up to the grave site will be removed after the fence is constructed.  This can be stopped by the board going back to the original resolution without any amendments as noted in the October Board Notes.  When the Board returns to it's original agreement, the Noffsingers will put, in legal form, that this property will never use sewer or water. We will continue to maintain and provide access to the property for visitors, and, if we sell the lot with the purchase of the house property, the new owner would abide by the same document as part of the sale.

I will make the statement that Mrs. Combs is not one of her word.   By John Porter’s own ethic statements, he should be removed from the board of directors.

Rick Noffsinger

Editor's note:  Only names of Board members will be published without permission.
See Board memo regarding this issue.

Cemetery Lot

"Porter's Corner"

To update those that might not be aware of the facts; the Noffsingers requested for the maintenance fees to be waived on lot#1321.  DRC and the ACC both deemed that this lot is unsuitable to build a house on due to the graveyard in the front yard.  We submitted to the board for special consideration to wave the maintenance fees and we were willing to put in writing that the sewer and water will never be used on this lot.  Currently there is no sewer or water taps.

John Cumming (board director) drafted up a motion and resolution to wave the fees on this lot, and the Noffsingers agreed to continue to maintain the cemetery as they have for the last seven years.  A vote was taken during the Oct. 24th Board meeting ; (2) abstained, (2) no, and (3) yes, and the acting President at the time also voted, which made this vote (4) yes.    By Robert’s Rules of Order this was a legal quorum and legal vote.  Therefore the motion passed.  John Porter (board director) was one who abstained.  Mr. Porter was upset that this passed and announced ‘this is not over yet!’

At the November Board meeting, Mr. Porter brought this issue up again and the board chastised Mr. Porter and told him he was out of order. He had abstained, and had no dog in this fight.

On December 11^th my wife heard a rumor that Mr. Porter was going to fight this issue again.  Lynn ran into Suzzi Combs (President of Board) at the POA office and Lynn asked Mrs. Combs, point blank, if our property resolution was going to be discussed again.   Mrs. Combs stated very firmly that “this is a done deal; it will not come up again!”  Lynn told her we would be at the meeting if needed.  Mrs. Combs said “you don’t need to be there, it is not coming up!”  

The day after the Dec. Board meeting we found out that the issue did come up, and the resolution was rescinded, due to a discussion presented by the two that abstained from the vote on the resolution in the first place.  Contrary to the Robert Rules of Order, no one called for point of order and an illegal motion and vote was taken due to Mr. Benck and Mr. Porter who both abstained from the first vote.  By Robert’s Rules, all discussion about this motion and any motion to resend must come from the winning side.  For Mr. Porter and Mr. Benck to bring up discussion on this resolution would have been out of order.

The resolution should have stood and not been changed or tampered with by anyone other than the winning side. 

Mr. Porter wrote and promoted a code of ethics and pushed for all members of the Board to sign.  I bring this up for one reason: According to Mr. Porter’s code of ethics, he is out of line.  Mr. Porter should be removed from the board.

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Agenda & Town & Board Meetings

The Board met in the library before the Agenda meeting.  The purpose was not stated.  Agenda meeting started at 6:20 (?)

Board Members Present:

President Suzie Combs               Diane Jones

Vice President Joe Claflin            Larry Hibbs

Secretary Faye Taylor                 Mary Pracht

Treasurer John Porter                 John Cummings

                                                    Ken Benck

Topics discussed:

• Sticker Fund
• All moneys received was applied to the General Fund
• Cleaning Bids for the Club House
• Commercial Cleaning service vs. private service
• Bids will be accepted in the POA office
• Carpet Cleaning
• The ‘Cleaning’ of the carpet was part of the original purchase agreement when the 19^th Hole carpet was replaced.  A request has been submitted to the business for the “free” cleaning service.
• Golf Shop Sundays
• The Golf Committee submitted a proposal to the Board to have the Golf Shop open on Sundays for the next 8 weeks.  The Golf Committee has agreed to pay the difference in salary for one employee to keep the golf shop open for 6 hours per Sunday. This will include full overhead of employee.
• Board meeting:  This motion was unanimously approved.
• Cemetery Lot
• The current owners of the ‘Cemetery lot’ will be moving in February.  The board plans to re-visit this issue during the Board meeting.
• Board meeting:  Motion was made by Ken Benck to rescind the waver of dues for lot 1321, seconded by John Porter. Motion passed with John Cummings opposed.  This lot is, again, a full dues paying lot.
• Agenda, Town, Board meeting schedule & dates
• It was agreed to have the Agenda meeting on the 3^rd Thursday of the month.  The Town & Board meetings will be held on the 4^th Thursday of each month.  This was noted again during the Board meeting.
• Sledding on the Golf Course
• “Eddie said that there have been sledding on the golf course for the last 40 years.” Stated by Suzie Combs.  It was agreed that saucers will not harm the golf course.
• 24/7 Manned Gate
• Discussion:  More important to have one person at the gate full time rather than have a patrolman driving the streets
• The PD needs more ‘certified’ personnel. 
• Suggestion of 12 hour shifts 

• Problem with calls to the PD / front gate from residents during Tuesday’s ‘Drive crashes Van’ issue.  See post with this title
• “Some people are just nosy”-Mary Pracht
• “We must educate our community not to call the PD…”  “We have got to be responsible for our own security…” “Common sense has got to be applied” by our residents- Suzie Combs
• “If the police department is moved across the street, we won’t have this problem”- Ken Benck
• As stated during the Board meeting:
• This proposal was passed out to the Board members after the Nov. board meeting by Ken Benck-Board liaison to the Security Committee regarding the relocation of the Police Department. 
• Each member was told to ‘keep this under wraps’, as stated by Mary Pracht.
• It was noted during the Board meeting that research is underway with regard to the rental fees, utility fees, transfer & hook-up costs, and one extra employee that would be needed.
• The current PD would be used as an ‘information center’.  This would allow residents to call the front gate for information without interfering with an on-going investigation / police issue such as Tuesday’s Van incident. This is expected to be operated by volunteers with one paid employee.
• The need to provide this information to the community was noted.

• Roads Committee Proposal
• The Finance committee did not meet in December, and has not addressed this issue.
• Treasurer John Porter stated that the Approved Budget reads as ‘150,000.00 is allocated to Capital Expenses at the discretion of the Board. Nothing was specifically allotted for the Roads.’  $73,000 has been spent.
• A property owner wants to build a home on Possum Run.  The current condition of the road makes that impossible.  ACC liaison, John Cummings, stated that a building permit must be submitted by the DH property owner before any funds are allocated for the road improvement.  This issue was ‘tabled’ for a future board meeting.
• Roads Committee Chairman Bob Jones stated the Board has no alternative but to provide access to the property no matter the cost. 
• This issue was 'Tabled' until January to obtain more information.

• Public Relations Committee – Mary Pracht
• Request was made for all committees to submit monthly information to the POA office that will then be added to the “FOCUS”. 

• Vending Machine
• Diane Jones stated that the Cat Shelter is wanting to ‘barter’ a vending machine for access to the Club House and beverages ‘at cost’ during next year’s Golf Course tournament.  –a one time event- 

• Executive Committee has approved ‘set backs as proposed by Jack Plumlee’.
• Two lots on Diamondhead Drive have been approved to allow the house to set closer to the road, as stated by John Cummings.

Break~

Town Meeting 12-12-2013

All Board Members Present

Meeting opened with Committee Reports

ACC – John Cummings:  John expressed his appreciation to a home owner on Scenic Drive for cooperating with specified areas of concern.  Possum Run road improvement was discussed. See Agenda meeting notes.

Beautification Committee – Gail Porter:  The Bake Sale proceeds à $2880.50 from sales and donations.  Luminaries & Santa’s visit will be this Saturday, Dec. 14^th.  See the official Calendar of Events for more details.  All Committees are requested to send their reports to this editor for publication.   

Youth Committee –Kathy DeVilbiss:  Movie Nite is planned for the last Saturday of January.  See Weekly Updates on the official website.

Golf Committee – Faye Taylor:  The Golf Committee submitted a proposal to the Board to have the Golf Shop open on Sundays for the next 8 weeks.  The Golf Committee has agreed to pay the difference in salary for one employee to keep the golf shop open for 6 hours per Sunday.  This was unanimously approved during the Board meeting.

Security Committee – Ken Benck:  Smoke detectors are needed for the Club House.  A generator & chain saw are requested for the Police Department.

• Board meeting: purchase of generator ($300) & chainsaw was approved

Current events regarding theft…  Joel Tyner stated “Be sure to lock your vehicles & homes”.

President Suzie Combs: “We have to figure out how to let the Diamondhead residents know, and impress upon them, that we have a POLICE DEPARTMENT.  That doesn't mean that you can call down there every 15 minutes to ask what ambulance came in and what is going on.  They have jobs to do. …”  The Board requested input from the community.

• A suggestion was made to draft a letter with the information and place it where the residents can find out what is going on.
• Joel Tyner expressed his need to stay focused on the event at the time. He will not be ‘posting’ information until time permits.  “Residents do not need to know what is going on at that time.”

Financial Highlights – John Porter: Credit was given to Department managers. Click on picture to view:

 

Community Standards – Debbie Clements:  Not too much going on. 

Roads Committee – Bob Jones:

o       Request for a transfer of $5,000.00 from the general fund to the Roads Committee fund for culvert repairs. One bid has been received from Bill Milligan.  Motion read: '...from Capital fund to Road repair.'

Board Meeting:  Unanimously approved

o       Request for authorization for the removal of trees before they damage power lines up to $3,000.00.  15-18 trees

Board meeting:  Unanimously approved

12-16-13 Correction received from Roads Committee Chairman Bob Jones:
Diane,

I would like to correct a couple of items you posted regarding the agenda/town/board meeting. 

First, I'm not sure where the $16,059 amount you put under the roads committee heading came from.  I don't recall ever saying anything about an amount like that. You are correct.  That money belonged under Golf Committee

Second, under the town meeting heading, you incorrectly say I requested $5,000 for culvert repair.  That is incorrect.  The $5,000 transfer of funds request I made was to the road maintenance budget, primarily for the purchase of materials (like gravel and asphalt) so that Eddie and his crew can continue repairing potholes, edges and maintain the roads.  The question of culverts was later raised by Suzie, and I did say that we are looking at replacing one culvert (on Stonebriar), and one bid has been received from Bill Milligan.  However, that was  not connected to the $5,000 request. 

Not major errors, I just wanted to point out the errors, for those who may be keeping track. 

Bob Jones

Truck signage – Suzie Combs

• This issue was voted on during the November Board meeting to ‘not, not put a sign on the truck’.  à signage was approved on Nov. 2, 2013.
• This issue was voted on again during the Board meeting.  Signage will not be added to the truck.

Youth Room:  This room is being used for storage.  Items, purchased from donations for the “Youth room”, have been stolen.  A decision needs to be made as to the proper use of this room.  Should a room with a view be used for storage?  This was not discussed during the Board meeting.

Break ~  Board members were privately directed to the library for a meeting.

Board Meeting 12-12-2013

~ No mention of the private Board meeting ~

All Board members present

Meeting began at 8:15pm

November Minutes were approved with ‘some minor grammar corrections’.

Board actions are noted above as indicated under the appropriate section ~

Treasurer John Porter made 3 motions as recommended by the Finance Committee:

• To retain Carlton Collection Agency à approved unanimously
• Require purchase order for anything over $100.  This motion was amended to be ‘over $200’.  à approved unanimously.  Purpose: ‘good internal controls’
• Noted the need for a manager to be in control
• Purchase & installation of timers for lights in the Front entry Fountain & Magnolia trees not to exceed $300.00.  à approved unanimously

Preliminary budget for the next fiscal year is expected to begin the second week of January.  All department managers will be held accountable for their budgets.

Golf Course:

A new sprayer rig costing $11,250 + mower blade/cutting unit costing $56.99 has been requested for the golf course. ‘Total request around $16,000.’  This issue was ‘Tabled’ for additional information.

#7 T-Box is planned to be re-built for the cost of $7,000. This money is ‘in Eddie’s budget”.

John Porter:  Does anyone know of any other capital expenditures we have incurred?  No response.

The Board expressed its desire to be transparent by posting information ‘on all available sites’.  President Suzie Combs state she will be glad to send the Blog information.

Ken Benck & entire board: “These people who complain about not knowing things should attend these meetings.” Personal note:  I attended a Town meeting in October of 2009 where this sentiment was clearly and loudly expressed.  Since that date, it has been my goal to provide access to Board information.  Diane Porterfield

The Board Meeting portion lasted 58 minutes. Total time:  3 hours.

Note:  General Manager Search will have its first of 5 interviews next week.

Note:  All board actions were noted under each Topic section.

Notes provided by,
Diane Porterfield
adianerdh@att.net 

Board meeting ~ 11-22-2013

Board Members Present:

President Suzzi Combs                 Diane Jones

Vice President Joe Claflin             Larry Hibbs

Secretary Faye Taylor                   Mary Pracht

Treasurer John Porter                    Ken Benck 

Board Member absent:

John Cummings

President Suzzi Combs welcomed all to the meeting.  Corrections were requested to the minutes dated October 24^th by Treasurer John Porter.  Corrections noted.  Minutes passed unanimously “as corrected”.

Treasurer’s Report ~ John Porter:  Financial Highlights – no significant changes from last week’s Town Meeting.  Finance Chairman Frank Polkamp stated his approval of Accountant Neal Graves.

Finance Committee made the following recommendations:

·       Noted spending by Department Managers is without restraint.  Purchase orders above $100 should be approved by the ‘acting’ General Manager.

·        Utilities around the Front Gate currently run between $500-600 per month.  Put a limit on this spending.

·        Lights around the tennis courts / pool area stay on past the needed hours.  Motion sensors / timers should be put in place to allow lights to go off  / saving the DPOA money.

·        Collection agencies have been contacted – 7 in total.  The Finance Committee recommends the continued use of Carlton.  Carlton has not received any new information since 2010.  However, they have sent $7600.00+ this year from past collections.  Carlton Agency contact is Charles Gray.

The above motions will be presented to the Town Meeting in December before a vote is taken by the Board.

·        Public Relation’s Committee has requested financial support for needs.  John Porter made this motion.  Moneys would be taken from the Administration Department.  Motion passed unanimously.

Old Business:

John Porter expressed his concern regarding the Board’s decision on the Cemetery Lot issue.  Mr. Porter read a proposal that he wished to be interred into the Board minutes.   John proposed an “Ad hoc committee and / or have a work shop to study the POA directives we all took an oath to uphold; specifically the cemetery lot vote was, in my opinion, incorrect in ruling the majority of those present passed the motion.  The Bylaws themselves do not give the Board power of waving dues or fees unless an H2 status is recommended. Refer to Article 6 of our Bylaws.  3^rd point, the ACC had no justification to make a recommendation on this issue.  Refer to the ACC Charter as passed on June 28^th of 2012.  I am of the opinion that all three of these measurers were incorrectly used to pass a motion recorded as a rule / reg during the October Board meeting.  My right as a board member to make a motion to rescind a previously approved rule / regulation was denied at the Agenda meeting ( 11-14-13)  This is not following correct procedures based on Robert’s Rules of Order.  Also, the opinions of Registered Parliamentarians were disregarded concerning this issue.  The Board vowed to think issues over thoroughly before ruling on it.  This did not occur when passing to wave POA dues on the cemetery lot.  It is my opinion the Board did not consider the best interests of the community when making this decision, nor did the members of the Board follow our Bylaws.  I do not wish to see such a bad precedent established by this board.  I sincerely hope that the Board can reach a consensus and define Robert’s Rules of Order and our Bylaws by an Ad Hoc Committee and / or a study work shop.”

A motion to create an Ad hock committee was made by John Porter, seconded by Ken Benck and unanimously approved.  This committee was established with John Porter as the chairman.  4 volunteers are requested from the community.

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Agenda Meeting ~ 11-14-13

Board Members Present:

President Suzi Combs              Diane Jones

Vice President Joe Claflin        John Cummings

Secretary Faye Taylor              Ken Benck

Treasurer John Porter               Mary Pracht

                                                  Larry Hibbs

Discussion regarding the motion made and passed at last month’s Board meeting:  Cemetery Lot / Rick Noffsinger / H-2 status ~ John Porter & Ken Benck abstained from the voting process last month, à want to reinstate this issue for the purpose of changing the result by voting ‘No’.  Several comments were made by the Board members.  End result: Status remains the same:  “H-2 status”

The picture to the left is a copy of page #66 in Robert's Rules of Order in Brief, by Henry M. Robert III, Daniel H. Honemann, + Thomas J. Balch.

Second paragraph states:  There may be fewer votes cast than the number of members present, since some may choose not to vote-resulting in "abstentions."  Only a majority of those actually voting is required.
Page 58 states: If a motion has been either adopted or defeated during a meeting, and at least one member who voted on the winning side wants to have the vote reconsidered, such a member may make the motion to Reconsider.  This motion can only be made by a member who voted on the winning side.
This information was verified by DH resident Dale Cline who has served on several Boards, including a DH Board of Directors, as an authority on Robert's Rules of Order.

In the action taken by the Board on October 24th:
     Joe Claflin -Acting President - No vote unless there is a tie.
     John Porter abstained
     Ken Benck abstained
     Diane Jones ........................Yes
     Larry Hibbs ...................No
     Faye Taylor ...................No
     Mary Pracht ........................Yes
     John Cummings ..................Yes
           Total = 2 votes against, 3 votes in favor = The motion passed


It was announced that a truck was purchased for the Maintenance Department.  A proposal was made to add a DPOA sign / Logo to the outside of this truck.  Eddie does not want this sign.  It is a POA truck.  Vote will take place on 11-21-13 / Board meeting.

Rental fees discussion:

• DPOA golf members vs. outside players
• Forfeitures:
• Rain
• Low turn out
• Pricing,
• Deposits made by a certain date,
• Resident groups who pay nothing for the use of the rooms
• Such as quilters, card players, etc. should set up their own tables and clean up after themselves.  Configure the tables the way you would like and put them back when you leave.
• Pool Parties

Committee was formed to set these rental fees.  Mary Pracht / Chairman

PR Committee ~ Mary Pracht:  needs money to advertise, join the Chamber of Commerce (2), net working opportunities, etc.  Mary requested Board action to provide funds ($500. ?) for the PR Committee.  There is currently less than $100.00 left in the advertising budget.  “This committee has fantastic ideas.” 

19^th Hole Carpet Sweeper - request for purchase.

Health Inspection – 19^th Hole received a ‘clean bill of health’.  Suzi Combs:  We are doing great!

GM Resumes / Interviews: Monday, November 18^th, 6:pm à closed session to discuss resumes.

Meeting ended.  Town meeting to start after a break.

Noted submitted by,

Diane Porterfield

Board Meeting ~ 10-24-13

Board Members Present:

Vice President Joe Claflin       Larry Hibbs

Secretary Faye Taylor             John Cummings

Treasurer John Porter              Mary Pracht

Diane Jones                             Ken Benck

Board Member Absent:

President Suzzi Combs

The meeting began by passing the September Board meetings.

Vice President Joe Claflin announced that the Board had met to discuss accusations against Suzzi Combs as president of the DPOA Board. 

• Conflict of Interest  [Suzzi addressed this issue 9-26-13 at the end of the meeting]
• Autocratic leadership
• Poor leadership
• Allows select individual to speak at meetings.

Joe Claflin stated the Board was unanimous in its support of President Suzzi Combs.  Director Mary Pracht objected to this statement.  Director Diane Jones asked for a vote to be taken on this issue.   A motion was made to support Suzzi Combs as president of the Board ~ “A vote of confidence”.  “We voted for her and we support her”.  The motion carried.  6 votes approved, Mary Pracht denied, Joe Claflin did not vote (acting President).

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