APPROVED LAKE SUMMERSET ASSOCIATION
BOARD OF DIRECTOR MEETING MINUTES
MARCH 8, 2010

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:p.m. Directors present were: Leon Gorsch, Karen Fransen, Marty Kisser, Mark Metzler, John Cressman and General Manager Gary Wilke were also present.

Members signed in: John Adrowski, Denny & Sue Harker, John Lund, Tom Leith, Kate Cressman, Dorris Davis, Jack Walsh, Ed Jurczak, Bob Bertacchi, Wes Haas, Howard Lass, Jake Heil.

APPROVAL OF FEBRUARY 8, 2010 BOARD MINUTES - Director Gorsch made a Motion seconded by Director Cressman to approve the minutes of the February 8, 2010 Board Meeting. Motion passed with a voice vote.

TREASURER’S REPORT

Director Metzler reported as of February 2010, Membership Dues and Fines 85.2%, Total Budgeted Revenues 64.5%, Total Revenues Collected 66.4%, Total Operating Expenses 12.3%, Total Administrative Expenses 12.8%, Total Operating & Administrative Expenses 12.5%, Dues & Interest Allocated to Capital Expenditures 0%, Total Expenditures 9.2%.

2009 AUDIT PRESENTATION - Jill Van Roekel of Winkel, Parker & Foster, CPA PC, gave a presentation of the 2009 Lake Summerset Audit. There were no changes.

LSA INSURANCE COVERAGES - Becky Norwood of Williams-Manny Insurance gave a presentation of the pre-renewal summary of the Commercial Insurance for Lake Summerset.

LODGE ROOF ENGINEERING REPORT- Lauren Ray of IIW Engineering Firm, gave a report on the Lodge Roof.

MANAGER’S REPORT

Dam Inspection – The 2009 dam inspection report is back from the engineering firm, Mead & Hunt. No material defects were noted in the inspection and Manager Wilke has executed the required filings with IDNR Dam Safety Division. Copies of the report have been provided to Board members and the chairman of LPC, as well as a copy placed in the office lobby as a “library” reference for members.

As previously requested, the dam will be part of the spring board/staff property tour for further discussion, if desired.

Pesticide Application Licensing – Illinois law requires licensing in order to apply restricted use chemicals in pest and weed control. The licensing is broken into categories and regulated by the Illinois Department of Agriculture. Mr. Harker and Manager Wilke share licensing responsibilities, with Mr Harker licensing in the area of terrestrial weed control and Manager Wilke carry the license for aquatic weed applications. Both of us will carry the highest certification rating and will be categorized as Commercial Not-For-Hire applicators.

Continuation of Lake Bacterial Testing and Goose Egg Depredation Programs – With spring nearly here, Manager Wilke seeks board consensus to continue our lake bacterial testing programs and the goose egg depredation project.

The bacterial testing program provides a measure of evaluating bacterial conditions in the lake, particularly at our beaches, to protect our population.

The egg depredation program has been effective in reducing our resident goose population thereby improving water quality.

It is the consensus of the Board to continue with the Lake Bacterial Testing and Goose Egg Depredation Programs.

Discrimination Prevention – Recently, the Board has been advised of governmental actions relating to accusations of discrimination in the conduct of homeowners association. This purported misconduct has represented violation of the Federal Fair Housing Act or the provisions of the Illinois Human Rights Act. These Acts prohibit discrimination against any person on the basis of handicap, race, color national origin, ancestry, religion, sex, age, marital status, sexual orientation, order of protection status or unfavorable discharges from military service.

Enforcement of these Acts is handled by HUD, Department of Justice or in the case of the Illinois Act, the Illinois Department of Human Rights. The public policy stance is that no element of discrimination is tolerated, with the likely outcome of a complaint filing being fines and sizeable legal fees in defense.

At last month’s meeting, Manager Wilke was directed to review possible areas of Association exposure and recommend changes to current practice. Accordingly, after review of relevant case law; discussion with management with other associations and conversation with our legal counsel, that past LSA Boards and staff have done a good job of avoiding discriminatory actions in dealing with the membership, particularly in the area of membership approval, a substantial area of exposure.

Areas of vulnerability exist in past pool and beach practices relating to break periods, scheduled lap swim and water aerobics. In the past, these activities could be construed to favor adults over children and the FHA is very protective of the rights of children. For example, the 15 minutes breaks at the pool typically excluded children while allowing adult swims.

To demonstrate good faith in eliminating any possible elements of discrimination, Manager Wilke proposed the following specific actions:

1. Board Adoption of a Fair Housing Resolution
2. Publication of the adopted resolution in the News
3. Correspondence to all Committees and sanctioned clubs clarifying the impact of the resolution and expectations of cooperation in providing access to all community members.
4. Elimination of all practices at our beaches and pool that might be construed as discriminatory against any protected category of persons enumerated in the Acts. For example, the previously referenced 15 minute hourly pool break excluding children and allowing adult usage would be amended to “Breaks for patrons at the pool and beaches will be hourly for (5) minutes, beginning at 1:00p.m. All persons must leave the water.” Any restrictions in swim lessons or lap swims will be based solely on safety and skill level.

Director Gorsch made a motion seconded by Director Cressman to approve the Fair Housing Action Resolution. It is the consensus of the Board to approve the enumerated four actions to be performed by staff.

Lodge Re-Roof Bids – The Board has directed solicitation of bids to re-roof the Lodge in accord with specifications prepared by our architect, Richard L. Johnson & Associates. The solicitation was published in the Volunteer and the Freeport Journal with three respondents. Generally, the work was to include removal of the existing asphalt shingles, and installation of specified new materials including vented insulation panels, ice and water shield, 40 years asphalt shingles, and a ridge ventilation system.

A summary of respondent bids:

All bidders are licensed, experienced and deemed qualified to perform the specified
Work. LSA’s 2010 budget identifies an allocation of $52,500 for this project.

The engineering report stated “there is some risk associated with proceeding with the proposed roofing project since the resulting loading will be greater than that which was original to structure.” After a discussion on the best way to proceed with the roof it was decided to deny all bids. The architect will look at the engineering report and gather more information on the best way to proceed. The roof project will have to be rebid.

OCLUD Minutes – Nothing to report.

COMMITTEE REPORTS

BUILDINGS, ROADS & GROUNDS – No meeting

ENVIRONMENTAL CONTROL – There is one house approved to be built.

LAKE PLANNING – Director Metzler presented the 2010 West End Siltation Report. This is an update of last years report. The area to dredge is west of Juniper Park. They hope to do a study on Tamarak Bay with a report in a few weeks.

LONG RANGE PLANNING – The Cardinal Park walking path is ready for use. The Long Range Planning Committee is currently looking for new members.

ACTIVITIES – Family Fest will be held on July 17, 2010. The Activities Committee would like more input for fundraisers.

CAMPGROUNDS – No meeting.

COMMUNITY RELATIONS – Nothing to report.

SECURITY COMMITTEE – Nothing to report.

MEMBERS MATTERS

DURAND LIONS REQUEST - There was a discussion regarding use of the Lodge by Clubs and Non-profit Groups and whether or not to charge a fee for the use of the Lodge. Director Miller will draft a policy for use of the lodge to build on. It was the consensus of the Board to hold the Durand Lions Club request to use the lodge for their 2011 Valentine Dance over.

OLD BUSINESS/CARRY-OVER

REPORT ON DEVELOPMENT OF BY-LAW COMMITTEE – March 13, 2010 is the targeted date for the committee meeting for questions and answers. There are a few things that need consideration.

PONTOONS PULLING TUBERS – Director Miller acted as Board Liaison for the CRC and Security Committee meetings wherein this issue was discussed. The motion approved by the Security Committee was to “Allow pontoon boats to continue to pull tubers on Saturday and Sundays, excluding holidays, on a permanent basis”. The CRC voted to concur with the Security Committee motion.

There was a discussion regarding boat safety and the safety of tubers and water skiers.

Director Metzler made a motion to accept the proposed change to the LSA Redbook which reads: Pontoon boats must adhere to all rules applicable to conventional powerboats, but with the additional limitations that on Holidays (to include the designated weekends for Labor Day, July 4, Memorial Day and the LSA Members Weekend Celebration (aka LSA Summerfest)) pontoon boats (of any length) must not pull skiers, tubes, etc. Director Kisser seconded the motion. Motion passed with a voice vote of 4 yes and 2 no.

President Miller stated notice of this change would be placed in the LSA News according to policy, which is, change will run for two months and directors will vote on final approval in May.

LODGE CONCESSION STAND RENTAL – Nothing to report.

BOARD WORKSHOP – The Board Workshop 2010 topics for discussion was provided to the directors. This will be a working session for the Board. The workshop date is April 17, 2010 from 1 to 4.

ADJOURNMENT – Director Metzler made a motion to adjourn seconded by Director Kisser. Motion passed unanimously. Meeting adjourned at 10:15.

Respectfully submitted,

_____________________________
Gayle Gladkin
Recording Secretary