June 2008 Board of Directors Meeting Minutes

LAKE SUMMERSET ASSOCIATION
UNAPPROVED BOARD OF DIRECTOR MEETING MINUTES
JUNE 10, 2008

All open session board meetings are audio recorded by the Recording Secretary for transcribing and clarification purposes. Board President, Bill Keener, called the meeting to order at 7:00 p.m. Directors present were Joan Pepich, Carol Raduns, Marty Kisser, Jeff Reuter, Karen Franzen and Frank Miller. General Manager, Gary Wilke, and Corporate Secretary, Marsha Shelly, were also present.

Members signed in: Jack Walsh, Larry Russell, Tom Leith, Walt Pepich, Donna Miller, John & Nancy Lund, Linda & Tom Ellis, Pat Mendygral, Roger Hardt, Denny & Sue Harker, Jeff Folkerts, Tom & Laurie Crepeau, Pat Ferguson, Tony Lopez, Paul Hasselquist, Dale Jenkins, Don Kuhl, Rich Sporleader, Rich Doose, Wally Raduns, Gail Spielman, Mark Metzler, Lee Mitchell, Terry Flanagan, Norman Becker, Bob & Pat Page, Lynn Billings, Tom Tindell, Leon Gorsch, Peggy Stewart, Jane Brannon, Howard Lass, Maryellen Volscho, Dom Lomanto, Ed Jurczak.

President Keener called the meeting to order. President Keener announced the breach and draining of Lake Delton near Wisconsin Dells due to severe storms; reminded the membership of the 5 minute rule for those being recognized during the meeting and fifteen minute allowance for those on the agenda; and wished all a happy Father’s Day, happy Flag Day and a happy Fourth of July as all will occur before the next meeting.

APPROVAL OF MAY 12, 2008 BOARD MINUTES. Director Reuter made a Motion, seconded by Director Raduns to approve the Minutes of the May 12, 2008 Board Meeting. Motion carried.

BOARD MEMBER ADDITIONS TO AGENDA: None.

MEMBER COMMENTS ON AGENDA ITEMS: None.

COMMITTEE REPORTS.

BUILDINGS, ROADS AND GROUNDS. Director Franzen requested that the horizontal ladder matter be laid over another month.

Director Franzen made a Motion, seconded by Director Pepich, to name the Kiddy Park at the pool after Barbara A. Bonaguro. Director Miller provided some precedence on the issue of naming areas of the Association property after people indicating that there is a Memorial Garden and a Memorial Committee that could be utilized. He felt the Board should follow this precedent so future recommendations would also follow suit. Director Raduns suggested having a list of names somewhere other than just on the bricks at the Memorial Garden. Director Kisser felt that there is not enough publicity of the availability of bricks at the Memorial Garden. Pat Ferguson, 1255, indicated information was in the newspaper and people should contact a Garden Club member. Bricks cost $30.00. Director Miller suggested tabling the matter, however Director Pepich wished to pursue the Motion. Director Raduns suggested the Motion be withdrawn so it could be raised again. Director Reuter indicated he could vote either way—the precedence is valid, but the biography is credible. Director Franzen indicated if the vote was called during the meeting, she would vote against and offered to go back to the committee. Director Kisser stated there is a Memorial Garden to honor people. Director Franzen stated a willingness to withdraw her Motion. Direct Pepich lifted up Barbara’s interest and work at the Lake and indicated that other parks are named for people. Director Miller indicated he was not diminishing the significance of Barbara’s contribution of time, skill and expertise; however, he felt the Board should follow the process in order to maintain control. Director Franzen withdrew the Motion; but Director Pepich did not wish to withdraw her second. President Keener honored Director Franzen’s withdrawal so the Motion could be brought again.

CAMPGROUNDS. Director Reuter reported that the campers are back. The new hosts are Junior and Diane Foster. The committee was pleased with the completion of the bathhouse on time and under budget. Denny and Sue Harker are heading this year’s steak fry and looking for volunteers as well as for the corn roast. Ken Balla will be in charge of the chicken plop. Sub-committees are being formed.

Director Reuter made a Motion to give the Campground Committee access to back issues of the LS News and camping permit cards for review to complete a trend analysis. Discussion ensued about the reason for the request and what information is on the camping permit cards. Linda Ellis explained that the committee wanted to learn what trends have occurred at the campgrounds as far as electric or primitive site rentals, how many nights the sites were rented, etc. Concern for the amount of time it would take for staff to collect the information was expressed. Director Raduns suggested that perimeters be set for the collecting and viewing of the documents, and requested that anything removed from the office would be logged. Jane Brannon, 45, stated she is part of the finance sub-committee and would like to have the information to understand where the fees come from. Consent was given by the Board for the Campgrounds Committee to have access to the back issues of the LS News and camping permits cards.

COMMUNITY RELATIONS. Director Pepich indicated there was no meeting, so nothing to report.

ENVIRONMENTAL CONTROL. President Keener had nothing to report.

Director Miller requested an update on the demolition of the burned house. President Keener reported that the owner had been at the site on Saturday and everything is set, but she is still waiting to get bids on the demolition.

Director Miller then asked about the change of procedure for the annual tree inspection. President Keener reported that ECC had decided that if a neighbor or owner feels there is a problem with a tree, they should call the office and someone will be sent out to look at it. Discussion ensued about the reason behind this decision with concern being expressed that this change was for monetary reasons and would be unsafe if trees were not marked. Director Franzen asked if inspections would continue on Association-owned property. Director Kisser felt that no inspections was a poor idea. President Keener said enforceability is an issue. Tom Tindell, 718, stated dying trees are a physical, ecological and fire hazard and suggested inspections be continued. Paul Hasselquist, 1234, stated that he has been the inspector for two and one-half years and has not been able to get any help, even after advertising. President Keener polled the Board. Director Miller requested the policy be put back in place. Director Pepich sided with ECC. Director Raduns stated that some trees have been marked for several years to no avail, so she to agreed with ECC. Director Reuter felt that it was not necessary to have inspectors going around, if members would call with concerns. Director Franzen felt open lots and Association property could be left, but inspections should not cease completely. Director Kisser stated inspections must continue. Tom Leith, 1841, reported a tree that is marked on his property continues to bloom. Norman Becker, 2273, reported that he got a quote from Holden Tree Service to remove two large maple trees for $1,500.00. Jeff Folkerts, 531, asked if there was follow up and fines after trees were marked. Don Kuhl asked if the Board was giving ECC a procedure to enforce the removals. Director Franzen said there is no way to get a bucket back to the tree that is marked in her yard. General Manager Wilke agreed that there are all kinds of issues and the Association does not accrue fines on members. Members can get adjunctive relief, but suggested that members first talk to their neighbors. In some cases insurance will cover the removal. Maintenance does a lot of removal, but between $8-15,000.00 is spent on trees that require outside contractors. Ed Jurczak, 943, presented the idea of planting replacement trees. President Keener polled the Board. Director Miller stated, “follow the rule or don’t have a rule.” Director Pepich stood on her previous agreement with ECC. Director Raduns felt the ECC proposal should be given a try. Director Reuter said no inspection, and Directors Franzen and Kisser said yes to inspections.

President Keener broke the vote by deciding with ECC to try having no inspections. He directed Paul Hasselquist to publish that information.

FINANCE. Director Raduns did not have May figures yet, and indicated the April amounts were in the LS News. The schedule of upcoming Finance Committee meetings will be published and held in the board room on Saturday mornings.

LAKE PLANNING. Director Kisser reported that the committee had met earlier in the month and was looking at a plan to get a grant to use the Hagemann Property. Another dam will need to be built to divert water, filter it and come through the lake. The IEPA turned down the grant application last year and the Committee wishes to reapply. Director Kisser made a Motion, seconded by Director Franzen, to approve the expenditure of up to $10,000.00 for a breach analysis to be done by Montgomery Associates to see about the feasibility of construction. President Keener explained that the dam must be classified as non-hazardous to proceed. He also stated that the property can be used for spoils from dredging if it cannot be used for this construction. Bob Page, 1933, stated a breach analysis would look at where failure of the dam would occur and the hope was that the analysis would lower it to a class 3 or 2. Then a surge could be built to prevent future flooding. Discussion ensued about the proposed construction. Further discussion ensued about the cost of the analysis going from $5,000.00 last year to $8-10,000.00 now and whether or not a bid process was required. Bob Page indicated time is of the essence as the grant application must be filed by August 1. Additional discussion took place relating to the purchase of the property before or after construction. Lee Mitchell reminded the Board that nothing would be built until they approved it. Tony Lopez, 2007, expressed concern that federal grant money would require opening to the public, but General Manager Wilke indicated this program does not use tax dollars and that would not be the case. Bob Page stated that each member will essentially be paying $4.40 for the analysis to be completed. President Keener called for the vote and it passed unanimously.

LONG RANGE GOALS. Director Raduns reported that the committee would meet Saturday morning at 9:00 a.m.

SECURITY. Director Miller reported that there would be a booth at Summerfest about the Neighborhood Watch program to gain interest and volunteers. Information about the Tri-District ambulance situation will also be available. Director Miller reported that a motion had been made to lock Beach 2 after 10:00 p.m. and per the Board’s consensus, General Manager Wilke said he would make it happen. Director Miller closed by stating that $1,250.18 has been raised for the Scuba Training. President Keener thanked the group for their efforts.

MANAGER’S REPORT.

Pool AED. Manager Wilke reported, in accord with the Board’s direction from the May meeting, an AED and cabinet was ordered for usage at the pool. The actual expenditure will be $2,216.95 and it will include an alarmed cabinet, training equipment, a fast response kit, mobile carrying case and signage. This purchase puts LSA in early compliance to the mandated 2009 deadline and we will implement usage of the device upon delivery.

Program Attendance. Manager Wilke attended a program last week in Chicago on association community relations and alternative dispute resolution. He will be providing board members with some interesting articles in the next few weeks, particularly regarding rules creation and enforcement—a current hot topic for all associations.

Access to OCLUD Billing Statements for Information Distribution. The LSA Board previously proposed using OCLUD billing statements for dissemination of information regarding a Tri-District referendum. The OCLUD trustees have assented to usage of the billings for dissemination of brief informational notices. However, they point out that as a governmental entity, they are prohibited from distributing information that reflects bias. Accordingly, no statements in favor or against can be made.

Truck Disposition and Acquisition. As requested by staff and approved by the Board, solicitation for bids for an LSA purchase of a heavy duty plow-dump truck was rebid and the proposed trade of the existing 1996 truck was removed from the process, based upon an earlier quoted high trade allowance of $12,500.00. Subsequently, LSA received a sale price of $22,000.00, from Roberts Township near Varna, Illinois and that transaction took place last week.

Sealed bids for a proposed cash purchase replacement truck were opened last Thursday and the return summary was: Peterbilt of Rockford offered a 2009 – 335 truck for $119,397.06; Truck Country of Shullsburg offered a 2009 – Freightliner M-2 truck for $113,589.75. Based upon delivery factor, pricing and a five-year warranty on engine and transmission staff recommend purchase of the truck from Truck Country. Director Raduns made a Motion, seconded by Director Kisser to purchase the Freightliner M-2 truck from Truck Country with the five year warranty. Motion passed unanimously.

Emergency Notification System. Last year when the email blast system was implemented with Constant Contact, there was discussion of a possible phone contact warning system and it was suggested that the process be delayed noting that county government was investigating such systems. Now, Winnebago County has implemented an enhanced reverse 911 system that is capable of warning of severe weather or other dangers. Similarly, Stephenson County is investigating a reverse 911 system or some other phone warning process.

Representatives from both counties assure that there is no intent to exclude the non-county residents of LSA from the warning system and Manager Wilke is petitioning Stephenson County to move forward with implementation of a warning system.

Winnebago County is presently encouraging the public to enter cell phone and VOIP numbers into the system at the Winnebago County website: www.wincoil.us or at the WCSD site at www.winnebagosheriff.com. At each site you will find a button to click that says “Reverse 911 community signup”. Clicking the link will guide you through the registration process. That number, regardless of residency area, will be notified in a blanket county warning.

Director Raduns mentioned that the Motion last month for the AED had been for a cost not to exceed $2,000.00 and the actual price was $2,216.95. General Manager Wilke responded that he had used managerial discretion.

OCLUD MINUTES. No comments.

OLD BUSINESS.

Election Procedures. President Keener reiterated his idea for a lottery for candidates running for office and suggested the method be used on a trial basis for one year. Director Raduns indicated it would need to be in the bylaws and standing rules, and could not be done on a trial basis.

Bluebook Committee. Mark Metzler thanked Corporate Secretary Marsha Shelly and the committee for their work and assembly of the recommendations and supporting documents book. He announced a meeting between the committee and Board proposed for Saturday, June 21. Lee Mitchell, 1932, began by saying Mark Metzler was the best Vice Chairman. He said the committee went through the Bluebook section by section and revised by changing text but all the headings remain the same. He also stated that without the work of Linda Ellis and Marsha Shelly, the book would not have been presented. Director Metzler requested Board approval to provide the modifications to legal counsel for return before the July meeting. Mr. Mitchell requested authority from the Board to meet with Guyer & Enichen to explain the changes in an effort to save time and money. Linda Ellis shared her appreciation for the representation of the Lake by the fifteen committee members due to the diverseness of the group. President Keener polled the Board who all agreed they would appreciate a meeting with the committee on June 21 to glean a better understanding of the changes. President Keener asked Dale Jenkins to bring the Bylaws revisions to the next meeting. Mark Metzler acknowledge that just the (three column) recommended changes would be taken to the attorney, with the desire of having approval at the July meeting and completed documents to the printers by the end of August. Director Raduns moved, seconded by Director Miller for Lee Mitchell to take the recommended changes to counsel, waiving the lay-over rule. Motion passed unanimously.

NEW BUSINESS. None.

MEMBER’S MATTERS. Norman Becker, 2273, restated his issue with a pontoon boat parked on the easement near his lot, preventing his cable line from being buried by Mediacom. Manager Wilke indicated Mediacom notifies LSA when they need something moved and his investigation last month found that the unit is sitting on the equestrian easement, not the driveway easement, but he would follow up.

ADJOURNMENT. Director Raduns moved, seconded by Director Reuter, to adjourn the meeting. Motion passed unanimously.

EXECUTIVE SESSION. As acting secretary in executive session, Manager Wilke reported that the Board met to discuss a rules violation and litigation concern.

The Board returned to regular session at 9:24 pm. At that time, Director Miller made a motion to direct the Manager to serve written notice to the owner of Lot 1968, notifying her of violation of LSA sub-regulations for renting or lending homes. For cause this notice is to demand ceasing of lending of the home to current occupants within 30 days of receipt of notice. Failure to comply will result in a $500.00 fine, with $25.00 per day to be levied for each subsequent day of lendee occupancy. Seconded by Director Raduns the motion passed unanimously.

There being no further business, upon motion properly made, seconded, and passed, the meeting adjourned at 9:26 pm.


Respectfully submitted,

_____________________________
Marlisa R. Gunderson
Recording Secretary