LAKE SUMMERSET ASSOCIATION
APPROVED BOARD OF DIRECTOR MEETING MINUTES
NOVEMBER 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: Donna Miller, Jack Walsh, Kelli & Mark Metzler, Norman Becker, Paul Hasselquist, Roger Hardt, John & Nancy Lund, Steve Bottino, Walter Pepich, Pat & Steve Marshall, Pat Ferguson, Gail Spielman, Tom & Laurie Crepeau, Denny & Sue Harker, Maurie & Sharon Richardson, Tom Leith, Bob Bertacchi, Dave & Karin Lindgren, Ed Jurczak, Leon Gorsch, Dale Jenkins, Lynn Billings, Don Kuhl, Jeff Folkerts, Peggy Stewart, Myrna Rowe, Pat Mendygral, Dianne Postelnick, Janet Metzler, Tom Tindell, Don Wallace, Jerry Osowski.

President Keener called the meeting to order. He opened by announcing that it was the 233rd birthday of the Marine Corps and wanted to wish Jeff Reuter’s son, Chris, the best as he leaves for service in the Marine Corps at the end of the month. He also indicated that the Tri-District ambulance referendum had passed.

APPROVAL OF October 13, 2008 BOARD MINUTES. Director Reuter made a Motion, seconded by Director Kisser to approve the Minutes of the October 13, 2008 Board Meeting. Motion carried.

BOARD MEMBER ADDITIONS TO AGENDA: None.

MEMBER COMMENTS ON AGENDA ITEMS: None.

COMMITTEE REPORTS

ACTIVITIES COMMITTEE. Director Franzen reported a great turn out of more than 84 children at the Halloween Party. The Christmas party is scheduled for December 13. The Easter Egg Hunt will be discussed at the January meeting.

A new plan for the 40th Anniversary party will be “Taste of Lake Summerset” with the lodge being available for clubs. The water show will be held from 2:00 to 3:00 with the entire lake being closed for 1 ½ to 2 hours prior for set-up. Schools and churches will be encouraged to provide food, as no other outside food vendors will be invited. Parking area options are being explored, with transportation being provided from those areas.

The Social Club has New Year’s Eve tickets ready to sell. In closing, Director Franzen asked that chalk be used on the chalkboards rather than taping signs to the boards, because it damages them.

BUILDINGS, ROADS AND GROUNDS. Director Raduns indicated there was nothing for board action, but she had presented Director’s Miller inquiry about why there were no meetings in January, February and March. She had been told that the Board approved this because there would not be a quorum during those months. Director Miller reiterated his concern that pre-planning for summer construction does not happen until April. Director Raduns shared the Preliminary BRG Plan and indicated their request to go on the tour with the Board in April.

CAMPGROUNDS. Nothing for board action.

COMMUNITY RELATIONS. Nothing for board action.

ENVIRONMENTAL CONTROL. President Keener requested a Motion on the past practices topic previously raised in September. Director Pepich made a Motion to approve the Nullification of Past Practices as proposed by the Environmental Control Committee to be published and added to the Redbook, waiving the layover rule, seconded by Director Reuter. “All construction must comply with the current County Codes, Blue and Red Books and Environmental Control Committee (ECC) rules and regulations in effect at the time of the construction request. All requests for construction or improvements of any type, to include: buildings/structures, landscaping, driveways, parking pads and other purposes, as they apply to water flow, easements and the lakefront will be reviewed by the ECC on an individual basis. Past practices will be considered, but not binding on the ECC or the Board of Directors.”

Director Miller reiterated his concern that this new language does not concur with the Bluebook. President Keener indicated that the opinion letter from the attorney indicated the Bluebook allows leeway to the Board and ECC to change this language. Director Miller asked if the attorney was allowing nullification of the Bluebook. President Keener requested that Director Miller put his objections on paper and provide them to Manager Wilke to present to the attorney for his position and indicated he would proceed with the vote. Director Miller argued that the Board would be contacting the attorney after making an illegal motion. President Keener reiterated his position that the attorney doesn’t see a problem, pursuant to the letter, and that action would be taken and if future information from the attorney was different the matter could be brought back. Director Miller indicated the Bluebook doesn’t allow restriction of landscaping, but the language in this motion would. Director Raduns said she did not interpret the language that way. Director Pepich clarified that the Bluebook said uses do not interfere with intended uses of easements. Director Miller read from the Bluebook, Section 6. Easements, (a) “. . . No permanent building shall be placed on such easements, but the same may be used for garden, shrubs, landscaping and other purposes, provided that such use or uses do not interfere with the use of such easements for their intended purposes. In instances where an owner of two or more adjoining lots erects and constructs a dwelling or building which will cross over or through a common lot line, the same shall not be subject to the aforementioned 5 foot easement along or upon the contiguous or common lot line.” President Keener emphasized that the motion included the language, “as it applies to water flow.” Discussion continued with Directors Miller and Raduns rereading the section from the Bluebook. Director Miller indicated his concern that this motion will require members to go through ECC to do any landscaping. President Keener said that water flow is the concern of ECC and they are not denying anything; rather, trying to control water flow. Director Miller requested that the attorney write up the language in a manner he could defend. Discussion continued regarding the definition of “other purposes” and what was considered landscaping. Director Pepich indicated she would not withdraw her motion. Director Miller felt he had said enough to make the Board consider his concern. President Keener called for the vote. Directors Pepich, Raduns and Reuter voted in favor of the Motion with Directors Miller, Kisser and Franzen voting against. President Keener broke the tie, motion carried.

President Keener indicated there had been an election of officers, as follows: Don Kuhl, Chairman; Paul Hasselquist, Vice-Chairman/ Secretary, and Steve Bottino as Alternate/Associate Member.

FINANCE. Director Raduns indicated she did not have a report.

Director Raduns made a Motion that the LSA Budget, prepared by the Board appointed Treasurer, is the property of LSA. Therefore, when a Treasurer leaves office and is replaced by a new Board appointed Treasurer, all materials, including the budget as presented, which is on the computer of the outgoing Treasurer shall be passed down to the newly elected Treasurer. This shall be accomplished by copying the Budget to disk or other means available at that time and delivered to the LSA office, waiving the layover rule, seconded by Director Pepich. Director Miller asked to what extent other materials were included. Director Raduns replied documents necessary to prepare the budget. Discussion ensued about whether or not information had been provided to her. Don Kuhl asked if there was a timeframe within which to transfer the information. Director Raduns amended her Motion to include “within 30 days.” Director Kisser asked for clarification of what the office has in its possession of the budget and whether information was passed on previously. Director Miller reiterated his question about what “other materials” included. Don Kuhl suggested changing the language to “and supporting documentation.” Director Miller said that would pose the same question and suggested that the office create a budget format for everyone to use. Director Raduns amended the Motion again to delete the words “all materials, including.” Amendments were seconded by Director Pepich. All voted in favor, except Director Miller who suggested the office should develop a format.

LAKE PLANNING. Director Kisser indicated that officers were re-elected at the October 18 meeting as follows: Steve Harting, Chairman; Martin Beierwaltes, Secretary; and Mark Metzler, Vice Chairman. Director Kisser indicated the water was tested for high nutrient levels and there is a desire to withdraw that to improve the health and quality of the lake. Other items of discussion were west end silting survey up to the mouth of Birch Bay; test boring or excavation to determine the depth of limestone hardpan on Hagemann property; and signage for “The Hagemann Preserve.” A request was made for placement of brass plate benchmark at 834.9 feet for surveyors to use to prevent construction below that elevation. Manager Wilke indicated this could be done in-house and did not require Board action. Discussion ensued about breech analysis classification and water depth. Director Raduns indicated a desire to explore turbidity curtains at the bays.

LONG RANGE GOALS. Director Raduns indicated there was nothing for board action and a meeting was tentatively scheduled for December 20.

SECURITY. Director Kisser attended the meeting in Director Miller’s absence. He indicated a November 11 meeting would include Deputy Barios’ attendance regarding the neighborhood watch. Director Pepich thanked Laurie Crepeau for attaching the election results for the Tri-District Ambulance referendum. Laurie indicated Pat Mendygral had provided that information. Kelli Metzler reported the success of the Chili Cook-Off raising a profit of $905.00 and thanked all volunteers and donators.

MANAGER’S REPORT.

Beach 2 Bathhouse Status. This project is going well and the masonry block work is nearly complete. It should be completed on time and within budget.

1567 Chadbourne Demolition. Demolition of this burned structure has taken place. The architect and builder representing the owner of the property are endeavoring to push the project for material delivery in late November.

OCLUD Activities. Two OCLUD actions that affect the LSA community are noteworthy. The first is action taken by the District to replace the Com Ed primary feed line that powers Well 1 and the major lift station at the East Gate. This line service had been a source of increasing outages for these two facilities, impacting service reliability to the community. Trustees acted to accelerate replacement and work was recently completed.

The second action is a negotiated agreement to remove the de-commissioned standpipe at Tower Park. The standpipe is to be removed by crane and transported in pieces out of LSA. The contractor has completed preparatory work for removal and was to be on site with the crane last Thursday. Storms have delayed the project and we are hoping for suitable conditions this week to complete the removal.

Dump/Plow Truck Acquisition. This truck, approved for purchase earlier this year, has been assembled with our plow and dump body package and delivered, ready for winter snow removal needs. Personnel from other highway department have observed our equipment and have commented on the quality and utility of the package. Board members are encouraged to stop by the Maintenance building to receive a guided viewing of the truck, provided by Mr. Harker.

Dam Inspection/EAP. As reported earlier, the 2008 annual dam inspection was conducted by our engineering firm of Mead & Hunt, yielding a verbal report noting no defects. As required by the permit, a copy of the written report is being sent to the IDNR and an updated Emergency Action Plan (EAP) is being filed. This plan includes an involved party signature sheet in the front of the document, acknowledging various agency responsibilities. This plan will be incorporated in the total community preparedness plan targeted for next year and computer access by patrol officers via squad laptops is being coordinated with the Winnebago County Sheriff’s Department. Note also that the e-mail blast system and Winnebago County’s Emergency Warning (Reverse 911) system are part of this plan; and, the developing siren system may also be used.

Bluebook Ballot Return Status. The November 6 count yielded a tally of 915 for, and 156 against with a needed 1,131 votes for passage by the current deadline of November 30, 2008.

Director Miller asked about the ability to extend the deadline to the Annual Meeting or to December 20. General Manager Wilke indicated that could be accomplished by Board action. Director Raduns made a motion to extend the Bluebook referendum to December 20, 2008, waiving the layover rule, seconded by Director Reuter. Motion carried unanimously.

Tree Planting. As part of Manager Wilke’s plan for forestry maintenance for this year, sixteen deciduous and evergreen trees have been transplanted from the nursery sites to needed locations in the community. With the use of a tree spade 10’-15’ trees were moved for more instant gratification. Most of the deciduous trees were planted around the Lodge to replace the declining tree population at that site.

Manager Wilke extended special thanks to Arthur and Diane McGrath of Lake Summerset for their donation of a beautiful maple tree that was transplanted to the office area to replace an original tree lost in building construction.

Golf Cart Theft/Vandalism. Manager Wilke reported that the recent vandalism incidents and theft of a golf cart have been resolved with two arrests and a pending third. It is gratifying to note that the alleged perpetrators are not members and entered LSA by crawling under our perimeter fence. It is LSA’s intent to pursue both criminal prosecution and banning of these individuals from any future access to LSA property. Manager Wilke commended the efforts of the security staff; an LSA member who is a police officer in another jurisdiction; two informants who will share in the offered cash reward and the Winnebago County Sheriff’s Department detective who pulled the case together.

OCLUD MINUTES. No comments.

OLD BUSINESS

Memorial Gardens Stream/Pond. This matter was laid over until presentation about funding from the Garden Club.

Naming an LSA Building or Facility. This matter was also set over to be discussed along with the Memorial Gardens plans.

Bluebook Committee. Mark Metzler thanked the Board for extending the deadline, which was what he was planning to request. Director Franzen asked about the status and effectiveness of the phone calling. Mr. Metzler stated the 815 area code was completed and they were now working on area codes 608, 630 and 847.

President Keener stated that at the last meeting the Board agreed to release a list of phone numbers to be called regarding the Bluebook referendum and that the Board agreed to this on the basis that the list be kept private. This list included unlisted, private and cellular phone numbers. President Keener stated that he had received calls from eight irate members who were concerned that this list had been subsequently used for robotic campaign messages for two candidates for the Board. Donna Miller stated she had created the list from label lists, phone book, Google and public records. President Keener apologized for any innuendo of impropriety and indicated he would contact the 8 parties to inform them the numbers are published. A member indicated 95% of phone numbers can be found on the internet. Maurie Richardson stated President Keener owed the Bluebook committee an apology. President Keener indicated he had not accused anyone, but apologized to the Bluebook committee and to the members for any affront. Mark Metzler indicated that callers had also found unlisted numbers as they were making calls and Corporate Secretary Marsha Shelly had explained that possibly members had not checked the box on their data sheet indicating the number should be kept private.

By-Law Committee. Was not addressed.

NEW BUSINESS

Bocce Ball Cookbooks. Director Raduns read a letter from the Bocce Ball Club regarding sale of their remaining cookbooks in the LSA office and gifting copies to the Board and office staff. After getting permission from Manager Wilke, the Board consensus was that cookbooks could be sold at the office, but the Board did not want them gifted to the Board. Presenting copies to the office staff was approved.

Election Committee Chairperson Appointment. President Keener indicated he had appointed Steve Panoske as Election Committee Chairperson and Pat Ferguson, Gloria Cracy and Don Kuhl as counters.

Appoint President Pro-Tem for December Board Meeting. President Keener has appointed Charles Norland to serve as President Pro-Tem for the December Board meeting.

MEMBER'S MATTERS. None.

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

EXECUTIVE SESSION. As acting secretary in executive session, Manager Wilke reported that the Board met to discuss an employee matter and a legal issue, with no action taken.

The meeting returned to regular session at 10 pm. At that time, Director Raduns made a motion to adopt a resolution banning the three, non-member persons arrested in connection with the recent vandalism and theft incidents at Lake Summerset, as well as, an individual convicted of theft occurring at Lake Summerset in 2007. The ban to be for a period of five years, with the Manager to be authorized to complete the necessary paperwork and notification to perfect the ban. Seconded by Director Reuter, the motion passed by unanimous vote.

There being no further business, upon motion properly made and seconded, the meeting adjourned at 10:12 pm.

Respectfully submitted,

_____________________________
Marlisa R. Gunderson
Recording Secretary