The Villages Golf Country Club Board of Directors...The Villages Golf & Country Club Board of...

The Villages Golf & Country Club Board of Directors

January 30, 2018 Monthly Meeting

"Our mission is to provide a safe, attractive community that offers an enriching lifestyle for its residents.

Our Vision is to be the Country Club Community of Choice for Seniors in

Northern California."

T he Villages Golf and Country Club Board of Directors

Mission & Vision Statements October 30, 2007

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AGENDA JANUARY MONTHLY MEETING BOARD OF DIRECTORS The Villages Golf and Country Club

TIME AND PLACE: 1:30 p.m. Tuesday, January 30, 2018 Clubhouse 2800 Villages Fairway Dr., San Jose, CA 95135

CALL TO ORDER

ROLL CALL

PRESIDENT'S REPORT

TREASURER'S REPORT Financials/Financial Summary and Reports PaCj e \

GENERAL MANAGER'S REPORT

COMMITTEE REPORTS

CONSENT AGENDA • Approve Minutes

-December 12, 2017, Monthly Meeting

"Our mission is to provide a safe, attractive

community that offers an enriching lifestyle

for its residents.

Our Vision is to be the Country Club

Community of Choice for Seniors in Northern

Califomia."

The Villages Golf and Country Club Board of Directors

Mission & Vision Statements October 30, 2007

-December 12, 2017, Executive Session (Contract Matter) -January 9, 2018, Three-Board Meeting (Insurance Stewardship Report) -January 9, 2018, Board Workshop (Budget) -January 16, 2018, Study Session

• Acknowledge Committee Reports/Correspondence/Minutes -Villages Golf Committee- December 15, 2017, Meeting Minutes;

2017 Accomplishments and Annual Report -Communications Advisory Committee- November 9, 2017, Meeting Minutes -Technology Advisory Committee- December 11, 2017, Meeting Notes

The Villages Golf and Country Club - Board of Directors' Meeting AGENDA January 30, 2018 - Page two

UNFINISHED BUSINESS

NEW BUSINESS 1. Tennis Viewing Area Counter Update 2. The Villages Boutique's Request for Board Recognition Update 3. Approval Consideration of Committee Appointments 4 . Approval Consideration of Golf Course Slurry Project ?CA.~ e ~ 5. Approval Consideration of Guest Green Fees Increases P a ~ e. l 0 6. Approval Consideration to Publish for 30-Day Notice Proposed n

Changes to Club Policy CPo 104 Disciplinary Hearing Policy r GtCj e__ l -;).__ 7. Approval Consideration to Publish for 30-Day Notice Proposed

Changes to Club Policy CPo 215 Board Disciplinary Appeal Committee PCA5e ~ ~ 8. Approval Consideration to Publish for 30-Day Notice Proposed \) 2- 1

New Club Policy CPo 116 Dispute Resolution o..:) e. \o

ANNOUNCEMENTS

February Study Session Tuesday, February 13, 2018; 1:30 p.m.- Foothill Center

February Monthly Meeting(s) Tuesday, February 27, 2018; 1 :30 p.m . - Clubhouse

MEMBER'S FORUM Member's Forum is allotted twenty (20) minutes. Members may address the Board on any matter they wish. Each speaker will be limited to two (2) minutes. The Forum will end after twenty (20) minutes or earlier if the last speaker has been heard.

ADJOURNMENT

Department

G&A

Maintenance Admin

Golf Course/Pro Shop

Community Activities

Community Centers

Public Safety

Pools

Clubhouse/Restaurant

All Other

Totals

' Department

G&A

Maintenance Admin

Golf Course/Pro Shop

Community Activities (includes all Bldg. B functions)

Public Safety

Clubhouse/Restaurant

All Other

The Villages Golf and Country Club FY18 Club Operating Budget Summary

For Six Months Ended December 31, 2017

Revenues Expenditures (ODD's) (ODD's)

Actual Budget Variance Actual Budget

504 475 29 385 472

67 65 2 68 65

1,238 1,175 63 1,265 1,165

655 588 67 636 571

332 327 5 331 331

537 532 5 548 530

95 95 - 95 98

2,056 2,032 24 1,991 1,942

1,042 1,062 (20) 1,144 1,106

o,ozo 0,301 175 6,463 6,280

Highlights Favorable to Budget Unfavorable to Budget

Employee Expense +$94k Professional Fees Resale Transfer Fees +$15k

Employee Expense +$7k Data Processing

Green Fees +$38k Tree Trimming Merchandise Sales +$23k Water

Cost of Sales Electricity

Variance

87

(3)

(100)

(65)

-

(18)

3

(49)

(38)

(183

-$20k

-$7k

-$47k -$38k -$19k -$10k

Resident Activities Income +$45k Resident Activites Expense -$54k Intra-Co Cost Transfers +$17k Temporary Outside Labor** -$44k Lessons/Classes +$14k

Employee Expense -$35k

Electricity Expense +$25k. Employee Expense -$68k Bar Sales +$15k

Planting Expense +$23k Water -$46k Repair & Maintenance +$18k Billable Services Revenue -$22k

Interest (Solar Lease) ** -$16k Pest Control -$12k .. unbudgeted

FY 18 :p Per Month Net Per

Variance Member

116 3.81

(1) (0.02)

(37) (1.22)

2 0.07

5 0.16

(13) (0.44)

3 0.12

(25) (0.80)

(58) (1.93)

cs: (U.Zo)

FY18 Club Operating Revenue Variances- YTD through December 2017

$100,000

$90,000 $86,000

YTD Total revenue is $175,000 favorable to budget $80,000

$70,000 $63,000

$60,000

~ I $50,000

I

I

$40,000

$30,000 l

I $20,000

I ~

$24,000

$10,000

$2,000

$0 Assessments Golf Food & Beverage Activities/Other

FY18 Club Operating Expenditure Variances- YTD through December 2017

$40,000 YTD Total expenditures are $183,000 unfavorable to budget

$25,000 $25,000

$20,000

/ Electricity

$0 Payroll Su~pliestcps R8 M/Servi es Landscape Water Utilities Other

($10,000) -$20,000 1----

~ ~ -

Pest Control

-$40,000

-$60,000

~ &COGS ($31,000)

~ Gol~rse Tree Trimming Wage Compression ($47k)

($54,000) ($56,000)

~ Golf Course ($38k)

-$80,000

($82,000)

-$100,000

~

FY18 Components of Club Operating Revenues For Six Months Ended December 31, 2017

Food & Beverage\

21% \

15%

Total Revenues = $6J526JOOO

Other

Assessments 55%

~

FY18 Components of Club Operating Expenditures For Six Months Ended December 31, 2017

Water 7%

Landscape 9%

Utilities

6%

Total Expenditures = $6,463,000

ComcasUOther 8%

Supplies/COS 9%

Payroll 49°/o

Capital Improvement Fund Status- December 31, 2017

Balance at 12/31/17

Less: Fixed Commitments and Contracts:

- Golf Course Restroom

- Picklebaii-Design Services/Sound Study

Unallocated Balance at 12/31/17

$1M* Cap Limitation For Unallocated Balance

Maximum Additional Assessment ***Per Bylaw Amendment, Maximum is Limited to $243,456 Per Year

($8.00 Per Month) Until FY17

*January 2007 Inflation Adjustment +3.2% *January 2008 Inflation Adjustment +2.9% *January 2009 Inflation Adjustment +4.1% *January 2010 Inflation Adjustment -0.7% *January 2011 Inflation Adjustment +2.1% *January 2012 Inflation Adjustment +3.6% *January 2013 Inflation Adjustment +2.1% *January 2014 Inflation Adjustment +1.4% • January 2015 Inflation Adjustment +1.5% • January 2016 Inflation Adjustment +3.2% • January 2017 Inflation Adjustment +3.5%

Maximum Annual Assessment- Adjusted

Maximum Annual Assessment Per Month -Adjusted

Total

$ 638,943

(161,380)

(8,050)

(169,430)

469,513

1,303,258

$ 833,745 •••

793,215

26.07

4,500,000

4,000,000

3,500,000

3,000,000

2 ,500,000

~ 2,000,000

1,500,000

1,000,000

500,000

0

..... .....-

- -- - ~

Cash Balances - 13 Month Trend Club Replacement Reserve Fund

Capital Improvement (Facilities) Fund

....... .... ....... ....... .... .......

- -- - ~ - -- - -

~Ser~esl

- Ser.1.ea2

.... ........ ~

.... .... ......

~ - - -- - - -

Dec '16 Jan '17 Feb '17 Mar '17 Apr '17 May '17 Jun '17 Jul '17 Aug '17 Sep '17 Oct '17 Nov '17 Dec '17

Report No. 18-001 C

REPORT TO THE BOARD OF DIRECTORS

January 30, 2018

Subject: Consent Agenda

Report in Brief: The following items are presented for Board acceptance and/or approval. The Board may approve all items as one motion, or each item by separate motion. The Board may also remove any item from the Consent Agenda for separate discussion and action under New Business .

1) Approve Meeting Minutes

December 12, 2017, Monthly Meeting

December 12, 2017, Executive Session (Contract Matter)

January 9, 2018, Three-Board Meeting (Insurance Stewardship Report)

January 9, 2018, Workshop (Budget)

January 16, 2018, Study Session

2) Acknowledge Committee Reports/Correspondence/Minutes ·

Villages Golf Committee December 15, 2017, Meeting Minutes 2017 Accomplishments and Annual Report

Communication Advisory Committee November 9, 2017, Meeting Minutes

Technology Advisory Committee December 11 , 2017, Meeting Notes

Report prepared by:

~b_)IUtlt:~ Juya Meadows Assistant General Manager

Attachments

Report No. 1 8-006 C


January 30, 2018

Subject: Approval Consideration of Golf Course Slurry Project

Report in Brief: At the January 16, 2018, study session, the Board reviewed and discussed Director of Golf Scott Steele's summary report and recommendation to proceed with a golf course cart path slurry seal project. The project provides for complete slurry seal of the approximately 200,000 sq. ft. of asphalt cart paths on the golf course.

The duration of the project is planned at four weeks, commencing in May of 2018. The plan calls for the work to be done on four consecutive Mondays so as to minimize the interruption of play.

At the study session, some questions regarding the project arose, and attached for the Board's review is General Manager Tim Sutherland's memorandum in response. As a courtesy Graham Construction revised their proposal using Villages' personnel field measured area of 199,385 square feet instead of their original estimate of 200,000 square feet, reducing the proposal amount by S 175.

The appropriation request is $69,825 for the base contract for slurry seal with Graham Contractors Inc., a contingency of $10,500 (15%), and $15,000 (separate line item in reserves budget) for preliminary cart path repairs and compacting, for a total appropriation of $95,325 to be funded from reserves.

Suggested Motion: Move to accept and approve the Graham Contractors Inc. proposal in the amount of $69,825, a 15% contingency of $10,500, and $15,000 (separate line item in reserves budget), for a total appropriation of $95,325 to be funded from the reserves, for the Golf Course Path Slurry Seal Project.

Report prepared by:

()L(~ ) ) Lu( c&uv S Juli~/ Meadows Ass·istant General Manager

Attachments 9

Report No. 18-005 C


January 30, 2018

Subject: Approval Consideration of Guest Green Fees Increases

Report in Brief: At the January 16, 2018, study session, the Board reviewed and discussed Director of Golf Scott Steele's, and The Villages Golf Committee's (VGC) request to increase the golf course's guest green fees.

As explained in their attached memo, the VGC's program committee looked at six golf courses in the nearby area comparing green fees with golf carts. The Villages' fees were less expensive than all six courses on the weekends and about the same price on weekdays. The committee asserts that golf green fees are market driven, and the VGC supports making the Villages' guest green fees more competitive with the competition and the market in the area.

Moreover, the VGC contends that increasing the guest fees still makes The Villages competitive, and along with the unaccompanied guest program, The Villages will be closer with green fees compared to other clubs.

After the study session, as a result of a suggestion by a Board member, Director of Golf Scott Steele has amended the proposed fees changes from reducing some of the fees by .50 to increasing them by .50; Mr. Steele explains that half dollar amounts in golf fees are not regularly done in the golf industry.

Below are the revised proposed changes to the fees:

Resident-Guest Rates Current New 18-Hole Weekday $50.00 $50.00 18-Hole weekend $55.00 $60.00 9-Hole Weekday $38.50 $39.00 9-Hole Weekend $40.50 $41.00 Twilight Weekday $38.50 $39.00 Twilight weekend $40.50 $45.00 Friends & Family 18-Holes $43.00 $48.00 Friends & Family 9-Holes $28.50 $30.00

jt)

Report No. 18-005 C January 30, 2018 Page two

Preferred Unaccompanied Guest Rates 18-Hole Weekday $53.00 $55.00 18-Hole weekend $58.00 $63 .00 9-Hole Weekday $38.50 $40.00 9-Hole Weekend $40.50 $40.00 Twilight Weekday $38 .50 $40.00 Twilight Weekend $40.50 $50.00 Replay $20.00 $20.00

Cart Rental 18-Holes $17.50 $18.00 Cart Rental 9-Holes $12 .00 $12.00

Suggested Motion: Move to approve the forego;ng guest fees and cart rental fees as recommended.

Report prepared by:

~fh_ttLdfl~ Ju~ws Assistant General Manager

Attachments

II

Report No. 18-002 C


January 30, 2018

Subject: Approval Consideration to Publish for 30-Day Notice Proposed Changes to Club Policy CPo 104 Disciplinary Hearing Policy

Report in Brief: At the January 16, 2018, study session, the Board reviewed and discussed the Policy Committee's recommendation (attached) for proposed changes to Club Policy CPa 104 Disciplinary Hearing Policy. The purpose of the proposed changes is to conform policy to practice and to eliminate the need for separate procedures.

If approved for publication, the Board will consider oral and written comments regarding the proposed changes at the March 13, 2018, study session prior to formal approval consideration at the March 27, 2018, monthly meeting.

Response to the proposed policy changes may be made by one or more of the following methods: 1) Participation in the discussion of the changes at the March 13 study session, 2) via e-mail with comments sent to the General Manager's office at least seven (7) days prior to the study session, or 3) via written comments to the General Manager's office delivered at least seven (7) days prior to the study session .

Suggested Motion: Move to approve to pubUsh for 30-day notice proposed changes to Club Policy CPo 104 DiscipUnary Hearing Policy.

Report prepared by:

-= 1Jk~ /Jvtl ~~~~ Julio/Meadows Ass-(stant General Manager

Attachments

Policy 104 12-17-17

TITLE: DISPUTE RESOLUTION PROCESS DISCIPLINARY HEARINGS

POLICY NUMBER: CPo 104

CATEGORY: Board of Directors

DATE OF ADOPTION: 04-26-05 DATE OF REVISION: 02-28-06 DATE OF REVISION: 02-26-08 DATE OF REVISION: 05-25-1 0

OBJECTIVE:

Board secretary's affirmation of official Board action adopting this policy

Secretary

Define a procedure and protocol for (ij the orderly conduct of appeal hearings aRG (ii) meetings with the Club Board (Board) to meet and confer concerning disputes when such a request is made by a qualified party. on disciplinary matters.

GOVERNING DOCUMENTS I LEGAL REQUIREMENTS: Club Bylaws, California state law.

DEFINITIONS: Resident: Whenever the term "resident" is used in this Policy, it includes "nonresident Members."

POLICY:

This Policy covers disciplinary appeals and requests to meet and confer with the Board and are classified as follows: hearings on notices and citations of alleged violations of Club Rules and other disciplinary matters.

1. Disciplinary Appeals appeals to governing document violation decisions such as the Bylaws and Rules that result in disciplinary action, and

2. Requests to Meet and Confer with the Board such meetings are held to resolve disputes bet\veen the Club and a Member or Resident involving their rights, duties, or liabilities under the California Nonprofit Mutual Benefit Corporation Law (Corporations Code sections 7110 et seq.) or the Governing Documents.

/ 3 1

Policy 104 12-17-17

3. The Board shall conduct disciplinary appeal hearings and meet and confer with Qualified Requesters when requested and warranted by Club Procedures CPr 104 01 , and CPr 104 02

LIMITATIONS : None.

IMPLEMENTATION PROCEDURES: See Club Procedure Numbers CPr 104 01 and CPr 104 02.

1. Hearings in front of the Club Board . The Board will send residents who are accused of a Rule violation a notice from the Club Board with the date. time. and place of the hearing, the nature of the alleged violation. and a statement that the resident has a right to attend and may address the Board at the hearing . The Board will send this notice at least fifteen (15) days prior to the hearing , by either personal delivery or first-class mail.

2. A disciplinary action shall not be effective against a resident unless the Board has fulfilled the foregoing requirements and the hearing has been held . or if the resident has not appeared at the hearing and has not asked for a postponement. At this point. the decision becomes effective.

3. Board Disciplinary Committee ("Disciplinary Committee") Hearings. Regarding some matters. such as citations for traffic violations, and other violations where the Club Rule provides that the first disciplinary hearing will be in front of the Disciplinary Committee, a hearing will first be held in front of the Disciplinary Committee. In such cases. residents who are accused of a Rule violation will be sent a notice from the Club Board with the date. time. and place of the hearing, the nature of the alleged violation, and a statement that the resident has a right to attend and may address the Disciplinary Committee at the hearing . The Board will send this notice at least fifteen (15) days prior to the scheduled hearing. After the Disciplinary Committee hearing decision has been received by the resident. the resident has the right to obtain a hearing in front of the Club Board by notifying the Assistant General Manager of the desire for a hearing within fifteen (15) days of receiving the decision. The procedure used in the hearing is the same as if the hearing were first held in front of the Club Board. The resident who is accused of violating a Rule described in this paragraph may not have a Club Board hearing without fi rst attending a hearing in front of the Disciplinary Committee.

2

Policy 104 12-17-17

4. Postponements (both Club Board and Board Disciplinary Committee). A resident notified of a hearing shall be granted one postponement request to accommodate his/her schedule.

5. At the option of the resident. the resident may submit a written opposition to the citation or allegation. either in paper form or by e-mail , at or prior to the scheduled date of the hearing, instead of attending a hearing in person.

6. Hearing procedure (both Club Board and Disciplinary Committee). Disciplinary hearings shall be held in executive session . The resident may be represented by an attorney. The resident will be given a full and fair opportunity to be heard and present evidence in his/her behalf. and may present documentary evidence and the testimony of the resident and witnesses. after the Club presents its allegations and evidence and testimony that the resident has committed a violation. The resident shall be able to make a brief summation of the resident's defense to the violation. including any mitigating circumstances. after the Club has finished its presentation and any questions from the Board or Disciplinary Committee have been answered.

7. Deliberations and Decision (both Club Board and Disciplinary Committee). Deliberation may or may not be conducted in the presence of the resident. The Club Board or Club Disciplinary Committee will decide whether the resident has committed a violation of the Rules. and , if so. what penalty should be assessed. Penalties may include the imposition of monetary penalties (finest the suspension of the right to use the Club's recreational and other facilities. and the deactivation of the barcodes of vehicles associated with the household during any suspension. The decision must be sent to the resident in writing within ten (1 0) working days following the hearing.

3

IS

.. · ...

TITLE: Disciplinary Appeals Process


DATE OF ADOPTION: 04 26 05 DATE OF REVISION: 02 28 06 DATE OF REVISION: 02 26 08 DATE OF REVISION: 05 25 1 0

.... -• ·' ~· -:J "'I

PROCEDURE NUMBER: CPr 104 01


Secretary

1. Members requesting a meeting before the Club Board (Board) shall submit their request in writing to the Board or General Manager, and shall include a brief statement of the matter to be considered and the justification(s) for Board review. Only a Member may request a meeting before the Board to appeal a disciplinary action.

• The Board shall suspend the levy of discipline pending the hearing meeting and Board decision. The Member may bring up to three witnesses and/or representatives to the meeting to support the Member's position .

2. The Board reserves the right to determine, at its sole discretion, if and when a meeting before the Board will be scheduled , following receipt of a \\'ritten request for meeting.

• The Board may reject a request for a meeting if it determines that the request does not meet the criteria for Board review.

• The requesting Member shall be notified in writing of the Board's decision to either schedule or reject a meeting by either personal delivery or first class mail, no later than ten (10) working days following receipt of the Member's request. The reason for there jection shall be stated in the response.

• If the Board decides to schedule a meeting, the notice shall include the date, time and location of the meeting.

• A Member notified of a Board meeting shall be granted one postponement request to accommodate his/her schedule.

3. Disciplinary hearings shall be held in executive session.

• Only the requesting Member and/or those persons designated by the Member to provide supporting arguments will be permitted to address the Board.

CPo 104 - Dispute Resolution Process / fo

... ~ .......... .._ ~1 "'· : .... -. j :1 :' ':; !" -

' .. - .....

• A Member must advise the Board no later than 10 days prior to the hearing date of his/her intent to be represented by legal counsel. At its discretion, the Board may choose to not conduct the hearing if legal counsel for the Member is present and counsel for the Board is not present.

• I

• The Board may allow other interested parties (i.e., an advisory committee, the Gen eral Manager, an accused renter or visitor, or other management staff, etc.) to attend and present information pertinent to the matter under consideration .

4. \Nhen applicable, all written materials, drawings, photographs, etc. to be presented at the meeting by the requesting Member shall be provided to the General Manager no later th~n ten (10) working days prior to the scheduled meeting date. The General Manager shall prov1de copies of the materials to the Board and any invited interested parties.

• Only materials provided in advance of the meeting as required above will be considered at the hearing.

5. The protocol for the conducting the meeting shall be as follows. (The Chair may extend the time limits indicated belo'N.)

• Open the Hearing . The Chair opens the hearing and explains the procedure that w1ll be used.

• Member's Presentation 5 minutes Explanation of the evidence supporting the Member's position including anyone who can speak in support of the Member's position .

• Club Presentation 5 minutes Explanation of the evidence on which the Club relied in alleging that a violation took place including the history of the dispute, factors influencing the decision, . applicable governing documents, findings that must be made as part of the dec1 sion, factual and legal issues, written documentation supporting or opposing the appealed subject.

• Member's rebuttal 2 minutes Respond to points made by the Club

• Club's Rebuttal 2 minutes Respond to points made by the alleged violator.

• Board Questions no time limit The Chair entertains questions from Board members.

• Close the Hearing The Chair formally closes the hearing.

CPo 1 04 - Dispute Resolution Process

:1 I~ 3 _, :- :1 • -· ._1 .. ..

• Board Deliberations and Decision

' .......

Deliberation may be conducted in the presence of the Member. The Board's de cision is final.

• Confirming Letter and Hearing Minutes The decision must be communicated to the Member in vtriting within ten (1 0) working days following the hearing. The decision must be documented in the Hearing Meeting minutes.

Attachment: Sample Club Board Checklist for Disciplinary Hearings

CPo 104- Dispute Resolution Process 18

-- ' . : :•. 1 l

Sample Board Checklist for Disciplinary Hearings

• Determine whether there has been a violation or infraction of the governing documents (i.e.

•

Bylaws or Rules).

Determine whether there is sufficient evidence (i.e. witnesses and/or documents) to sustain an enforcement proceeding.

• Determine the status of the alleged violator (i.e. member, qualified resident , invited guest/visitor of a member or qualified resident, employee, contractor, etc.) and whether there is a responsible owner to be noticed.

• Determine whether there is authority in the go'lerning documents to make and enforce the ~

• Determine whether the rule is reasonably related to the purposes it is intended to achieve.

•

•

•

Determine whether the violator and responsible member ha~1e received proper notice of the rule and related penalties in advance of the violation.

Determine whether the violator and responsible member have received prior enforcement notices.

Determine whether there are any defenses to enforcement, such as lack of notice, waiver, selective enforcement, illegality, etc.

• Give adequate notice of a hearing pursuant to Appeal Hearing Meeting Procedure.

• Conduct the hearing in accordance with the Appeal Hearing Meeting Procedure. Give lim ited weight to uncorroborated or inherently untrustworthy third party statements.

• Give the alleged violator a full and fair opportunity to be heard and present evidence in his/her behalf.

• Render a prompt decision based upon the evidence. The decision should be a simple, concise statement of ultimate decision .

• When applicable, commence and carry out enforcement without delay.

GPo 104 - Dispute Resolution Process JC)

+l+be: b>is~~te Resel~tieA PFeGess PROGeCbJRe NbJM8eR: GPF ~Q4 Q~

GA+eGGR¥: Beare sf Qirestsrs Beare sesretapt's affirmatisR sf sffisial Beare astisR aesptiRg this pslisy

-CA+e OF ACGP+ION: 04 26 05 CA+e OF ReVISION: 02 28 06 CA+e OF ReVISION: 02 26 08 CA+e OF ReVISION: 05 25 ~0

1.

2.

3.

Sesretapt

Re~blests ts meet aRa ssRfer witl=l the Glb113 Beare (Beare) sha1113.e sl::ll3m~tte~iR wr~Rg . ts the Bsarej sr the GeReral MaRager, aRe shall eessril3e \•~ith Sblf:fisleRt slar1ty t e m~ er IR

eispblte aRe the jblsti~satisR(s) fSF Bsarej r:\liewf Ree~~e:~s ~~~:~~bl~~t:~;ept~~:;~;~s~s sf

~~m:a~~=Y~:ea~=~~::ejR~:~::~~: ~~~r;ra a :~~~~rRg ~esieeRt" sr "Qbl;lifieej PermaReRt ResiejeRt," as eje~Reej 13y Galiromia G1v1l Gseje Sest1sR 5~ .3.

+he Beare resePJes the right ts eetermiRe, at its.ssle eissretisR, wheR a. meetiRg with the Baa~ willl3e ssheejl:Jieej rollswiRg reseipt sf a wntteR re~blest fer a meet1Rg.

• m shall meet with a Re~blester whs has a eispblte with the Gl~l3 i Rvsl1~iR~ their~·· !;:l:eQa"lies, e• liabilities ""Qe• l~e Galife'"ia NeR~I'G!il M"l"al BeRehl Gei:,e"'~'e" ,i~;

•

•

•

' ratisRs Gseje sestisRs 7 ~ 10 et se~ . ) sr the GsveFRIRQ Qssl::lme~ts . . e . ear !;:~a~e eissretisR ts eetermiRe whether the re~l::lest. meet~ the .ror~g91RQ sntena fer Baa review aRd may rejest sblsh re~l::lest if it dses Ret sat1sfy sa1d sntena.

s rd

Re blester shalll3e Ratified iR writiRg sf the Bears's desisisR ts either sshedblle sr ~e

~t;: a 1 ~~eliRg by eit~1e,::;:~~=:~::t·~~e e~~~~::~~~~a~=~i:~e:~:~~::J~gJ :~~" days q) SWIRQ rese1p . spaRse.

If the Beard desides ts sshesblle a meetiRg, the Rstise shall iRslblde the sate, time, aRs lssatisR sf the meetiRg.

A Re~blester Ratifies sf a Beare meetiRg shall 13e gmRtes eRe psstpsRemeRt reqblest ts asssmmssate his/her sshesblle.

g re

MeetiRgs with a Re~l::lester pblrsl::laRt ts this Prssesl::lre shalll3e hels iR Exesbltive SessisR.

CPo 1 04 - Dispute Resolution Process

I ' . .::. • -. ; ' ·I I ~ .., • . • ' ' .:1 J • ;> _, .) ~ ·' •' ~ '· • I '. I

":l · j .. _.. :>· --::. ' ~ "' '" _. ""' - , j .I •

• Only the Requester and/or those persons designated by the Requester to provide sup porting information will be permitted to address the Board.

• Requester must advise the Board no later than 10 days prior to the meeting date of his/her intent to be represented by legal counsel. At its discretion, the Board may choose to not conduct the meeting if legal counsel for the Requester is present and counsel for the Board is not present.

• The Board, at its sole discretion, may allow other interested parties (i .e., an advisory committee, the General Manager, or other management staff, etc.) to attend and present information pertinent to the matter under consideration.

4. When applicable, all written materials, drawings, photographs, etc. to be presented at the meeting by the Requester shall be provided to the General Manager no later than ten (1 0) days prior to the scheduled meeting date. The General Manager shall provide copies of the materials to the Board and any invited interested parties.

5. The protocol for conducting the meeting shall be as follows. (The Chair may extend the indicated time limits upon approval of the Board.)

• Open the Meeting The Chair opens the meeting and explains the procedure that will be used .

• Requester's Presentation Maximum: 10 minutes Explanation of the evidence supporting the Requester's request including anyone

who can speak in support of the Requester's position.

• Club Presentation Maximum: 10 minutes Explanation of the evidence and factors influencing the decision, applicable govern

ing documents, findings that must be made as part of the decision, factual and legal issues, \\'ritten documentation supporting or opposing the appealed subject.

• Requester's Rebuttal two minutes Respond to points made by Club.

• Club Rebuttal t\vo minutes Respond to points made by the Requester.

• Board Questions no time limit The Chair entertains questions from Board members.

• Possible Resolutions of the Dispute The Board and the member shall confer and discuss possible resolutions of the dis

~

CPa 104 - Dispute Resolution Process

- ... .::.' ~:=' • ... ~ :> .. ·~I ·~ • - I I • '"" .. ·' • -

• Documentation of Resolution h tually acceptable agreement to resolve the If the Board and the Requester. reac a mu eetin or a later date, be documented in dispute, the agreement sh.all , elt~er a~~~:e ~o all :arties within ten (1 0) 'JJorking days writing , signed by the parties, an provl e following the meeting.

• Close the Meeting . The Chair formally closes the meetiAg.

Attachment Sample Board Checklist for Meetings to Meet and Confer.

CPo 1 04 _ Dispute Resolution Process

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- I ~';~:::- ••• I •• ..,J. ·' • I -· .1.

Sample Board Checklist for Meetings to Meet and Confer

• Determine whether there is sufficient evidence (i.e. witnesses and/or documents) to support the request for a Meet and Confer meeting and that all criteria have been met.

• Give adequate notice of a Meet and Confer meeting pursuant to Meet and Confer Meeting Procedure.

• Conduct the meeting in accordance with the Meet and Confer Meeting Procedure.

• Give the appellant a full and fair opportunity to be heard and present evidence in his/her behalf.

• Render a prompt decision based upon the information presented. The decision should be a simple, concise statement of ultimate decision.

CPo 104 - Dispute Resolution Process

Report No. 18-003 C


January 30, 2018

Subject: Approval Consideration to Publish for 30-Day Notice Proposed Changes to Club Policy CPo 215 Board Disciplinary Appeal Committee

Report in Brief: At the January 16, 2018, study session, the Board reviewed and discussed the Policy Committee's recommendation (attached) for proposed changes to Club Policy CPo 215 Disciplinary Appeal Committee. The purpose of the proposed changes is to conform policy to practice and to conform CPo 215 to the proposed revision of CPo 104 Disciplinary Hearing Policy.


Response to the proposed policy changes may be made by one or more of the following methods: 1) Participation in the discussion of the changes at the March 13 study session, 2) via e-mail with comments sent to the General Manager's office at least seven (7) days prior to the study session, or 3) via written comments to the General Manager's office delivered at least seven (7) days prior to the study session .

Suggested Motion: Move to approve to publish for 30-day notice proposed changes to Club Policy CPo 215 Board Disciplinary Appeal Committee.

Report prepared by:

'~!1&._ }!V" ~~~ Julia Meadows Assi~ant General Manager

Attachments

Draft 12-17-17

TITLE: Board Disciplinary Appeal Committee Policy Number: CPo 215 BOARD DISCIPLINARY APPEAL COMMITTEE, an Executive Committee

OBJECTIVE: The purpose of the Board Disciplinary Appeal Committee is to conduct appeal hearings when requested by owners in accordance with Club Policy CPo 1 04 -Dispute Resolution Process Disciplinary Hearings.

GOVERNING DOCUMENTS I LEGAL REQUIREMENTS:

Club Bylaws, Club Policy CPo 1 04 - Dispute Resolution Policy Disciplinary Hearings

Responsible to: Club Board of Directors, The Villages Golf and Country Club Composition: Three (3) directors appointed by the Board Staff Support: General Manager or his or her designee Member Term: One year appointment, July 1 through June 30 Officers: Meetings:

Responsibilities:

The Committee shall elect a chairperson. The Committee shall set a time and place to hold monthly meetings for the purpose of hearing and deciding member and resident appeals of notices of rule violations and related disciplinary actions. holding hearings on alleged Rule violations by Members and residents. The Committee is not required to meet at the scheduled time if no appeals are presented . hearings are scheduled.

1. Act in accordance with the Board's "Appeal Hearings Disciplinary Appeals Procedure CPr 104 01 " to schedule, hear, and render decisions on member, responsible resident, and non resident owner appeals of disciplinary action levied by the Board or General Manager. Policy 1 04 to hold hearings

2.

3.

on alleged Rules violations by Members and residents. Communicate Committee decisions in writing to the member Member or resident making the appeal , resident, with ~ copies to the Board and General Manager. Make recommendations for policy and rules related to tRe member/resident appeal procedures. disciplinary procedures.

1

Report No. 18-004 C


January 30, 2018

Subject: Approval Consideration to Publish for 30-Day Notice Proposed New Club Policy CPo 116 Dispute Resolution

Report in Brief: At the January 16, 2018, study session , the Board reviewed and discussed the Policy Committee's recommendation (attached) for proposed new Club Policy CPo 116 Dispute Resolution . The purpose of the proposed new policy is to separate the dispute resolution process that was in CPo 104 Disciplinary Hearing Policy.


Response to the proposed policy changes may be made by one or more of the following methods: 1) Participation in the discussion of the changes at the March 13 study session, 2) via e-mail with comments sent to the General Manager' s office at least seven (7) days prior to the study session, or 3) via written comments to the General Manager's office delivered at least seven (7) days prior to the study session.

Suggested Motion: Move to approve to publish for 30-day notice proposed new Club Policy CPo 116 Dispute Resolution.

Report prepared by:

~-~k{it{__ (! L! tl i&u0 Juha Meadows Ass(stant General Manager

Attachments

TITLE: Dispute Resolution Process


DATE OF ADOPTION:

OBJECTIVE:

CPo 116

POLICY NUMBER: CPo 116 [new]


Secretary

Define a procedure and protocol for the orderly conduct of meetings with Members or residents concerning their rights and responsibilities under the Governing Documents or Corporations Code.

GOVERNING DOCUMENTS I LEGAL REQUIREMENTS: Club Bylaws

DEFINITIONS: Resident: Whenever the term "resident" is used in this Policy, it includes "non-resident Members."

POLICY:

1. A request by a resident to meet with the Club Board concerning the resident's rights and duties under the Governing Documents. or under the California Nonprofit Mutual Benefit Corporation Law (Corporations Code sections 7110 et seq.), may be made by the resident to the General Manager. The Board may not unreasonably refuse such requests. The Board may in its discretion refuse such requests in instances where the subject matter has been the subject of a prior meeting. or where the Governing Documents are clear on the subject. The Board may also request a meeting with a resident. which is optional on the part of the resident.

2. The Club President may assign between one and seven directors to meet with the resident.

3. Meetings with the resident shall be held in Executive Session.

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1

CPo 116

4. The purpose of the dispute resolution process is to have a direct discussion between the Board and the resident. However. either party may wish to have their attorney present. and may do so with ten (1 0) days' advance notice to the other party. If one party has given notice that their attorney will be present. the other party does not need to do so. The resident and the Board may bring witnesses with relevant information to the meeting.

5. When applicable. all written materials. drawings, photographs. etc .. to be presented at the meeting by either party shall be provided to the other party ten (10) days prior to the meeting.

6. By mutual consent. the Board and resident may continue the meeting to a later date.

7. Documentation of Resolution. If the Board and the resident reach a mutually acceptable agreement to resolve the dispute. the agreement shall. either at the meeting or a later date. be documented in writing. signed by the parties. and provided to all parties within ten (1 0) working days following the ratification of the agreement. The agreement is binding when a quorum of the Board ratifies the agreement. This can occur at the meeting if a quorum of the Board is present. or at a later date. If no agreement has been reached. a letter will be sent to the resident acknowledging that the meeting was held and that no agreement was reached.

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