November 11th Special Session: this thread about Special Sessions

A "Special Session" is the only meeting of the Board that is not clearly defined in the Bylaws. "Executive sessions", "Planning sessions", "Information Sessions" are defined as well as "Board meetings." ((Also, note that Focus Sessions, the new meeting that several Board members have mentioned publicly that is held between the Board and the GM before a Board meeting is NOT even mentioned in the Bylaws. Doesn't it have to be in the Bylaws in order for it to happen?))

What is stated is this: At least seven (7) days prior to all Board meetings, excluding Executive Sessions, Special Sessions, Informational Meetings and the Exchanges, an agenda, subject to amendment, shall be posted in RCSC Facilities and/or on the RCSC website (www.suncityaz.org). (So the Board decided to post an agenda even though the Bylaws state that it is not needed.) Motions made in "Board meetings," excluding Executive Sessions, Special Sessions and the Exchanges, shall be read and passed a minimum of two times before finalized and acted upon unless readings are waived by two-thirds (2/3) majority of the Board (6). (So, is this interpretated as no motions can be made in a Special Session" because a Special Session is not a Board meeting or does it mean that a motion made in an excluded Special Session only has to be read once? My interpretation was “Motions can be made in Board meetings, excluding Executive Sessions, Special Sessions or Exchanges.” but when I asked a board member for an explanation, this is what that person said: "Motions in special sessions are excluded from requiring to be passed a minimum of 2 times. It says nothing about whether or not motions can be made in them. If it doesn’t say that you can’t make motions or place limitations on them, then you should be allowed to make them." It seems that if we spell out in detail facts about Board meetings, Executive Sessions, and Information Sessions, that should also happen for Special Sessions. Otherwise, I guess the rule is, "if it isn't in there, we can do it."

To add more confusion, typically we members are only allowed to speak at "Board meetings" on posted motions. This is a "Special Session". Are we allowed to speak? The agenda does NOT say we can. But in defense of the Board, they did state at the last meeting that we would be able to speak at the Special Session on the PAC location.

The bylaws go on to say that "As soon as practicable, a brief summary of the preceding "Board meeting" shall be posted on the RCSC website (www.suncityaz.org). After approved by the Board, minutes of Board meetings, excluding Executive Sessions and the Exchanges, will be available on the RCSC website (www.suncityaz.org) or to Members in good standing at no cost upon request at the Corporate Office. In this paragraph, Special Sessions aren't lumped in with Executive or Exchanges, so are we supposed to get a summary or minutes after it concludes?

 

A Special Session is a separate session of a society held at a time different from that of any regular meeting. (RONR 9:13)

 

Thank you for posting what Roberts has to say.

The point I am trying to make is that we have NO description of a Special Session in our Bylaws. Does that mean it can be anything that the Board wants it to be? Does that mean that Motions are allowed at them? How can we, the members, know whether or not the right thing is being done if it is not defined in our Bylaws? Does that mean that we shouldn't be having Special Sessions if they are not defined somewhere? And

And, who determined the $12,000 fee?

Call to Order
• Pledge of Allegiance
• Welcome and Introductions
• Roll Call of Voting Members, Confirmation of Quorum (I assume that this mean the voting BOARD members, not just members.)

• Vice President McAdam: Board Policy 24, Section 4 requires that from time to time the Board determine a one-time Access Fee per property that shall be paid by a builder, owner or developer desiring to have access to RCSC facilities for any land, building or structure which is intended for use and occupancy as a dwelling unit. It appears that this Access Fee has not been updated since approximately 2006. Therefore, I move that the Board set the Access Fee at $12,000 per lot and grant the General Manager discretion as to the terms of payment of this fee by a builder, owner or developer.

• Director Collins: I move that the recommendation by TriArc, the architect engineering firm designing the Mountainview project, regarding the location of the proposed Performing Arts Center (PAC), be accepted.
The Next meeting of the Board of Directors will be on November 21, 2024 at 9:00am in the Sundial Auditorium. This meeting is one week earlier due to the Thanksgiving holiday. The next Annual Meeting will be March 11, 2025 at 6:00 PM in the Sundial Auditorium.

 

The only thing that's mandatory about a Special Session is that the business to be conducted must be posted in the call of the meeting and the only business that can be conducted is that that's in the call!

Any other business is not valid unless it is later ratified. That's why Karen's dismissal was null and void because the business that was to be transacted in that Special Session was not posted in the call. Now, the notice didn't have to say "Dismissal of Karen McAdam" but it should have at least stated it was a disciplinary action brought against a Director.

Any motion that was made in conflict with the bylaws, and adopted is null and void (RONR 39:5)

On another note:

I did learn that the $12,000 ACCESS fee is for builders. As I understand it, there is still a plat of land behind Sun Land Cemetery that has a builder interested in building some more homes. The builder would be required to pay that $12,000 dollars so that the home buyers will have access to the Sun City facilities and Clubs.

When those homes are sold, each buyer would then have to pay their PIF and CIF.

 

Thank you, Tom. I really do appreciate your knowledge........and persistence!

 

Just learned the property in question is NOT the property behind Sun Land Cemetery.

I have no idea where it might be.

 

I understand that someone in the Estates wants to sub-divide their lot and build homes.

 

Is that the area by Lakes East and West golf course?

 

No. Rancho Estates. Horse ranches at Olive and 111th. Acre sized lots.

 

Thx, forgot about that. 2 homes for sale.