June 2011 Board of Directors Meeting Minutes

APPROVED LAKE SUMMERSET ASSOCIATION
BOARD OF DIRECTORS MEETING MINUTES
JUNE 13, 2011

All open session Board meetings are audio recorded by the Recording Secretary for transcribing and clarification purposes. Board President Frank Miller called the meeting to order at 7:00 pm. Directors present were: Leon Gorsch, Karen Franzen, Marty Kisser, Mark Metzler, Jane Brannon, General Manager Gary Wilke and Administration Services Manager Marsha Shelly.

Members signed in: John Adrowski, Bruce Landsinger, Denny & Sue Harker, Dan Mikosz, Tom Leith, Jeff Folkerts, Ken & Marlene Anderson, Don Kuhl, Don & Grace Skadow, Jim DeFranco, Ken Balla, Bob Page and Norman Becker.

APPROVAL OF MAY 9, 2011 MEETING MINUTES – Director Metzler made a motion to approve the May 9, 2011 minutes seconded by Director Brannon. Motion passed with a voice vote.

TREASURER’S REPORT – Membership Dues and Fines Income 96.1%, Total Budgeted Revenues 80.9%, Total Revenues Collected 80.9%, Total Operating Expenses 34.4%, Total Administrative Expenses 36.5%, Total Operating & Administrative Expenses 35.4%, Dues & Interest Allocated to Capital Expenditures 92.0%, Total Expenditures 49.9%.

MANAGER’S REPORT
Pool Drain Cover Recall – Just before Memorial Day weekend, the U.S. Consumer Product Safety Commission announced a recall of pool and spa drain covers. One of the named firms was Aquastar Pool Products that furnished covers for our 2009 modifications to comply with the Virginia Graham-Baker Act.

While our drain cover is named in the recall, our gravity drainage system (surge tank) exempts us from retrofit or replacement. Regardless, Manager Wilke contacted Aquastar and they will provide and install compliant covers when we perform our planned pool update this fall.

Fall Pool Renovation Project – Enumerated in our capital reserve plan for 2011 is renovation of the pool liner (plaster and paint) and replacement of pool steps. Regarding the pool steps it is proposed to install a concrete set of “wedding cake” steps to respond to growing demands for stable, easy access to the pool with solid grab rails.

Complicating the renovation is the new 2010 ADA standard that requires either a sloped entry to the pool or an installed fixed or portable lift, by March 15, 2012. A ramp would seem to be impractical, requiring an approximate 3’X30’ railed installation. Lift costs could range from $4-7K.

Based upon our outcome of recent litigation, the court has expressed the ruling that we are exempt from ADA. However, the Board has stated a desire to expand accessibility to facilities.

It is the consensus of the Board that Manager Wilke can move ahead with the “wedding cake” steps at the pool. Manager Wilke will explore ramp and lift costs for the pool.

Common Interest Community Association Act – As previously reported, the IALC group has lobbied for revisions to this ACT and has achieved partial success to make the legislation more generally acceptable, including amendment to allowing our current board structure and election process. The amended bill that passed both houses on May 31, 2011 is now labeled SB1651 and awaits signature by the governor. Unless amended in veto session, the Act calls for compliance by January 1, 2012. (copy of Act provided)

We are now governed by LSA C&R’s, By-Laws, Standing Rules, Rules and Regulations and provisions of the Illinois Not-For-Profit Corporation Act, as well as, CICAA.

Since this Act supersedes our documents, the Board may wish to appoint a Committee to review possible needed amendments to governing documents to address conflicts between our documents and the Act, particularly in By-Laws provisions. Otherwise, Manager Wilke will move forward with initiating compliance, reporting issues with implementation as they may arise.

It is the consensus of the Board that Manager Wilke move forward with initiating compliance, reporting issues with implementation as they may arise.

Community Association Manager Licensing Act – Proposed Governing rules have been issued for this Act, which requires manager licensing and are in place for public comment. The rules should be adopted in about 30 days and Manager Wilke will have 6 months, subsequently to license.

Association fees are still to be finalized, but the preliminary fees were estimated at approximately $150, plus $1 per lot in an association.

At present, Manager Wilke has the pre-requisite certifications and experience for immediate licensing.

Mediacom Agreement Renewal – In accord with provisions of the Communications Act, Mediacom is seeking renewal of the current cable franchise agreement with Lake Summerset. Copies of Mediacom correspondence, Act renewal provisions and the current agreement is attached for Board review.

The last renewal was completed through the provisions that allow negotiation and seem appropriate in this instance of a non-exclusive franchise. Additionally, at that time, the Board chose not to add a “pass through” franchise fee that ultimately is paid by the membership.

It is the consensus of the Board that Manager Wilke move forward with notice to Mediacom to commence an informal negotiation as provided by the Communications Act.

Force Mowing Issue – Sixty-five lots received violations and $100 fines for force mowing in the May inspection process. Violators have noted that notices in the LSA News relating to LSA Forced Mowing Procedures still erroneously enumerate $50 as the citation amount, including the notice in the June Issue.

Director Metzler made a motion to hold the citation levy at $50 for the May 20th and June 10th inspections, mailing notices to the identified violators and revising the printed procedures in the July LS News to reflect $100 to be implemented in the July inspection. Director Kisser seconded the motion. Motion passed with a voice vote.

COMMITTEE REPORTS
Environmental Control – Director Kisser made a motion to increase dock length into water from shore from 15’ to 16’ for temporary/removable docks because sections of purchased docks come in 8’ lengths. Director Brannon seconded the motion. Motion passed with a 5 yes, 1 no in a roll call vote.

Director Kisser expressed concern regarding residences and lots that remain unmarked. This is a safety issue and can cause significant negative consequences. ECC will do a study to see how many homes don’t have numbers displayed.

Lake Planning – Redbook Changes of Boat/Motor Sizing – Amendments to Redbook Section E, 2C (50 hp or less), Section E, 4(a) (exceed 18 feet), Section E, 4 (b) (90 hp). The following are Lake Planning’s corrected wording revision.

Redbook Revision
Section #, 2C
Each boat seasonally registered with the LSA office in accordance with Section E-2(b) shall be given an LSA colored registration sticker and shall be assigned an LSA registration number (owner’s lot number). The sticker must be displayed clearly on the boat port side (left) gunwale, adjacent to the stern. LSA numbers must be of contrasting color to the boat.

LSA and your lot number (for example, LS 1) must be displayed on both gunwales adjacent to the stern. The size of the displayed numerals shall be the same as those for the State registration number and may be applied by using the conventional numerical decals available at the hardware or marine stores. Any person operating a boat not displaying a current Lake Summerset registration sticker and lot number (except those boats having a valid temporary registration) will be subject to monetary penalty and suspension of boat privileges. Boat “types” as the term is used herein are (i) power boats, including deck boats, (ii) fishing boats having a motor of 50 HP or less, (iii) pontoon boats having a motor of 75 HP or less, and (iv) non-motorized boats (e.g., canoes, kayaks, paddle boats, wind surfers, etc). No more than one boat of each type may be registered per lot, except that up to six non-motorized boats may be registered per lot in any combination.

Section E, 4(a)

(a) No powerboat operated on the lake may exceed 18 feet in length per manufacturer’s specification and Illinois State Registration.

Section E, 4 (b)

(b) No boat-motor combination exceeding 70 horsepower may be operated on the lake or registered by LSA unless previously grandfathered or registered after the following horsepower limits changes.

Effective January 2003, the maximum H.P. was increased to 75 H.P. for power boats, including deck boats and pontoon boats, providing such motors meet or exceed the C.A.R.B. 2001 rating (one star rating).

Effective August 2011, the maximum H.P. was increased to 90 H.P. for power boats, including deck boats, providing such motors meet or exceed the C.A.R.B. 2008 rating (three star rating).

C.A.R.B. is an acronym for “California Air Resources Board”. The C.A.R.B. rating and star labeling system is an industry standard for engine exhaust emissions.

These new H.P. limits and C.A.R.B. ratings apply to all motors which are replacements on registered boats, used boat and motor combinations and new boat and motor combinations registered after these dates. These new ratings apply to both two and four cycle outboard motors.

Director Metzler made a motion to revise the language effective immediately on Redbook Section #2C. Director Kisser seconded the motion. Motion passed with a roll call vote of 5 yes and 1 no.

After a lengthy discussion Director Metzler made a motion to revise the language on Redbook Section #2C but to go through standard wait time and become effective at the August 2011 Board Meeting. Properly seconded the motion passed with a roll call vote of 5 yes and 1 no.

Long Range and Facility Planning – The update of Standing Rules of the newly formed LR&FP Committee was discussed. Director Gorsch made a motion to accept the Standing Rules seconded by Director Brannon. Motion passed with a roll call vote.

The LRFPC Committee recommends to the Board that Larry Nemec be approved as an addition to the Committee. Director Gorsch made a motion to approve Larry Nemec to serve on the LR&FP Committee. Seconded by Director Franzen. Motion passed with a voice vote.

Security and Special Services – The security camera system was discussed. We need a new system but are unsure as to what capabilities we will need to utilize. Manager Wilke will do some research into this.

Citation Review Procedures were discussed. It was decided the Board should review the Citation Review Procedures before the next Board meeting.

Activities – No meeting until August 13, 2011

Campgrounds – Nothing to report – the next meeting is Sat July 2, 2011. Volunteers are needed to run the Chicken Plop at Family Fest. The money from this event is needed for the corn roast.
Community Relations – The chairman of the CRC committee has resigned. The Citation Review needs to report to someone. It was discussed that perhaps they could report to the Board Liaison which is Frank Miller.

OLD BUSINESS/CARRY OVER
Standing Rules Revision Committee – Nothing to report

Marketing/Advocacy Ideas to Promote LS – Nothing to report

Citation Review Procedures – This was discussed in Security and Special Services

Layover – Member Request for Vehicle Access to Lodge Green Area – Director Metzler made a motion to allow the Member vehicle access to Lodge green area with signage and a waiver seconded by Director Kisser. The motion was tied in a roll call vote. Motion failed.

Layover – Redbook Changes of Boat/Motor Sizing – Already discussed and resolved.

NEW BUSINESS
CRC Motion – It is recommended that a sign, similar to the one posted at Beach 1, be posted at each of the 3 entrances to notify members and guests of the Lake Summerset noise regulation. No motion was made.

CRC Motion – It is recommended that the Board have reminders of the noise regulations be published periodically in the LS News. No motion was made.

CRC Motion – It is recommended that life preserver rings be installed at the dam near the new stairways and at the two marinas. Director Franzen made a motion to install life preserver rings at the dam and at the two marinas. There was no second so the motion failed.

Club Usage at Lodge Maintenance Impact – This is laid over until the next meeting.

Consideration of Commercial Usage of Lodge (Sales and Services Vendors) and Fees – It is the consensus of the Board not to let outsiders or LSA residents use the Lodge to make money. Commercial use of the Lodge is prohibited.

ADJOURNMENT – Director Franzen made a motion to adjourn and go into executive session at 11:00 pm. Director Gorsch seconded the motion. Motion passed with a voice vote.

EXECUTIVE SESSION – As acting secretary in executive session, Manager Wilke reported that the Board met to discuss a matter of potential litigation, with no action taken.

The meeting returned to regular session at 10:58 pm.

Next, Director Franzen initiated discussion relating to a “Quiet Hours” sign posted at Beach I that reflects a 10 pm enforcement time. Director Franzen pointed out that no Redbook provisions support the posting.

Director Franzen made a motion to remove the sign at Beach I that requires commencement of quiet hours at 10 pm., as not supported by Redbook provisions; and, creating confusion for rules enforcement. Seconded by Director Brannon, the motion passed by unanimous vote.

Upon motion properly made and seconded, the meeting adjourned at 11:10 pm.

 

Respectfully submitted,

_____________________________
Gayle Gladkin
Recording Secretary