Board of Directors Meeting
Thursday, October 11, 2007
Members in Attendance:
Charlie Aiels, Audrey Brickman, Jim Clayton Jr. Larry Ehrig, Dale Howe, Amy Morrow, and Duane Selken were present.
President Jim Clayton Jr. called the meeting to order at 6:33 P.M. Dale Howe read the Secretary’s report from September 13, 2007.
Larry Ehrig read the Treasurer’s report as of September 30, 2007.
Larry Ehrig read the current bills.
Additions to the Agenda: Under Old Business: "H: Digital Camera; I: Age Limit." New Business: "N: Bank papers; O: Year-end income tax report." Under Communications Received by the Board add: "Daryl Magee, Standpipe."
Agenda: Duane Selken made a motion to accept the agenda with additions, Audrey Brickman seconded, motion carried by unanimous vote.
Secretary Report from September 13, 2007 meeting. The wording for the ATV signs should have the word 'be" inserted. Audrey Brickman asked that where her name was misspelled it be corrected. In the wording of New Business, H, insert “if they fit our dredge” into the motion to buy the pontoons and “for new pontoons” purchased from Wisconsin. Larry Ehrig made a motion to accept the report with the changes. Amy Morrow seconded, motion carried by unanimous vote.
Treasurer’s Report Dale Howe made a motion to accept the report, Charlie Aiels seconded, motion carried by unanimous vote.
Bills presented for payment: Charlie Aiels made a motion to accept the report, Duane Selken seconded, motion carried by unanimous vote.
Maintenance Report: Kris Kempf had been injured on the job that day, so he was not present.
Community Building Report: Steve and Pat Link reported that they were a week behind in the construction because of the weather. They are still in need of money to cover the kitchen cupboards and other interior amenities. Donors include Phil Cline (plumbing work), JeldWen (windows), Brooklyn Telephone (installation of phone service plus monthly phone service), TIP (electrical hookup), Harden Gas (gas lines run in and a tank for $1/month). and Audrey Brickman and Christine Bounds (refrigerator). The building is 56 ft by 80 ft; total meeting space is 3520 sq ft. Capacity for a dance is 704, for seating 503, for fixed tables with seating (235). Belle Plaine’s meeting place is 2800 sq ft and holds 200 fewer people. Letters of appreciation will be sent to the donors.
Website Report: In September there were 2600 hits. If anyone wants the numbers for Nov 2006 - Aug 2007 , Wendy Schwab has those.
Security Report: None.
Fish Report: None.
Water Quality Report: None
Silt/Dredge Report: Duane Selken reported that they finished Ford’s Cove. They have to put out grass seed next spring. There is a lot of mud in containment, which can be moved by the next time the space is needed. It is full now. Not much dredging is needed for a while.
Rural Improvement Zone Report: Harold Vokoun recommends following up with Josten and pushing the issue to the limit.
Bath house/camping Report: None.
A: ATV Trail - Signs will be ready and posted this spring.
B: Shorelines - The original list submitted had 50 properties on it. There were 12 that were found to need attention. One lot at the end of Ford’s Cove belongs to the Association, and that will be taken care of. Letters will be sent to the owners. Jim Clayton Jr. read a sample letter. If the problem is not taken care of by June 15, 2008, there will be a corporate assessment of $50 per month will be added to their accounts until it is resolved.
C: Silt fence by Edelen. This must be completed by November 15; a corporate assessment of $50/month will be issued after that.
D: Culvert by Warnell, This must be completed by November 12; a corporate assessment of $50/month will be issued after that.
E: Hayrack Ride- will be on October 13. Meet at the Powell Shelter at 3:00.
F: Newsletter - It is ready to go out, assuming the Board members find no objections to its contents.
G: Building Permit for Unit 6, Lot 103 Maus. Charlie Aiels made a motion to accept the building permit. Larry Ehrig seconded, motion carried by unanimous vote.
H: Digital Camera - One has been picked up by Charlie Aiels and Connie Roepke.
I: Age Limit - The age limit will be 14 for any motorized vehicle driven on Holiday Lake roads, unless accompanied by an adult. Also included will be a statement of reference to state laws and recommendations of the manufacturers of those vehicles. The latter is to protect the Board from further liability. The wording has to be approved by an attorney.
A: Correspondence sent: Pippert-Boat Violation, Agnew-Apology for Boat Violation letter, Allison-Asking her to attend this meeting so that her questions about the budget could be explained, Hall Trucking-Terrace, Fix – Road right-of-way.
B: Building permit,Unit 6 Lot A: Dale Howe made a motion to accept the building permit for the Community Building, Amy Morrow seconded, motion carried by unanimous vote.
C: Basketball Stencils - volunteers applied the stencils for the basketball court. The paint and supplies were donated by the Poker Run. Thank you letters will be sent.
D: Entrance donations - made by Amy Morrow, Patty and J C Miller, Christine Bounds, Audrey Brickman and Wendy Schwab. Wendy Schwab said that several compliments had been received. Appreciation was expressed to the donors.
E: Culvert, Brent Jones - A request for him to change it from 6 inches to 12 inches is being sent to him.
F: Fish Stocking - Darren Abben has been advised that he cannot stock when he wants to with the money from the Poker Run. They are the wrong kind of fish and it is the wrong time to do it. There will be a Corporate Assessment issued if anyone does put in the fish without the Holiday Lake Board of Directors permission.
G: Notice to the Public Owning Lots at Holiday Lake Now or in the Future - This was read aloud by Audrey Brickman.
To: Any person, as defined in Section 4.1 (20) of the 2007 Code of Iowa, now or at any time in the future owning any platted lot at Holiday Lake situated in rural Poweshiek County, Iowa, more particularly described as:
Holiday Lake Subdivision, Unit No. One (1), as the same is laid out upon a portion of Sections Fourteen (14) and Twenty-three (23) in Township Eighty-one (81) North, Range Fourteen (14) West of the 5th P.M., according to the Plat thereof appearing of record in Plat Book D at page 409.
Holiday Lake Subdivision, Unit No. Two (2), as the same is laid out upon a portion of Sections Twenty-two (22) and Twenty-three (23) in Township Eighty-one (81) North, Range Fourteen (14) West of the Fifth P.M., according to the Plat thereof appearing of record in Plat Book D, Page 415.
Holiday Lake Subdivision, Unit No. Three (3), as the same is laid out upon a portion of Section 23 in Township 81 North, Range 14 West of the 5th P.M., according to the Plat thereof appearing of record in the Office of the Recorder of Poweshiek County, Iowa, in Plat Book D, page 438.
Holiday Lake Subdivision, Unit No. Four (4), as the same is laid out upon a portion of Sections Fifteen (15), Twenty-two (22) and Twenty-three (23) in Township Eighty-one (81) North, Range Fourteen (14) West of the Fifth P.M., according to the Plat thereof appearing of record in Plat Book E, Page 23.
Holiday Lake Subdivision, Unit No. Five (5), as the same is laid out upon a portion of Sections Fourteen (14) and Twenty-three (23) in Township Eighty-one (81) North, Range Fourteen (14) West of the Fifth P.M., according to the Plat thereof appearing of record in the office of the Recorder of Poweshiek County, Iowa, in Plat Book D, Page 453.
Holiday Lake Subdivision, Unit No. Six (6), as the same is laid out upon a portion of Sections Fourteen and Twenty-three in Township Eighty-one North, Range Fourteen West of the Fifth P.M., according to the Plat thereof appearing of record in Plat Book E, Page 29.
Holiday Lake Maintenance Company is responsible, through its Board of Directors, for the governance of life at Holiday Lake in several ways including but not limited to the maintenance of those areas of each unit at Holiday Lake which are not platted as separately owned lots. These areas are often called the commons. These include roads, beaches, other land and not platted and the lake itself. It has authority to levy maintenance fees and other charges in order to pay for the development, maintenance and upkeep of the commons.
In order to properly fulfill its mission Holiday Lake Maintenance Company has, through its Board of Directors, developed policy with respect to which lot owners and guests are obliged to comply.
Communication with lot owners is imperative and, as a first matter, it is necessary that owners of all or part of any lot or lots at Holiday Lake advise the corporation’s Board of Directors of the acquisition of such interest by conveyance from any third party. It is also necessary that owners of all or part of any lot or lots at Holiday Lake communicate an address to which all communications from the corporation may be sent.
In order to fulfill its duties to the lot owners the corporation’s Board of Directors has provided by resolion for the levying of a corporate assessment against lot owners failing to comply with their obligation to the corporation including, but not limited to, their failure to notify the Board of Directors of their acquisition of some interest in a lot or lots at Holiday Lake and their failure to notify the corporation on a continuing basis of a proper address for the mailing of documents to the lot owner.
Lot owners are advised to familiarize themselves with any resolution or other policy statement in force and effect at the time they acquire an interest in any platted lot or lots at the Lake and thereafter maintain compliance with these and all policies of the corporation.
Larry Ehrig made a motion to accept the notice as read, Charlie Aiels seconded, motion carried by unanimous vote. This will be recorded at the Court House and a copy of it given to any new lot owners.
H: Resolution: Maintenance Assistance Given by Lake Employees - This was read aloud by Amy Morrow.
Re: Maintenance Assistance Given By Lake Employees To Lot Owners
WHEREAS in the past it has been the practice of the Board of Directors of Holiday Lake Maintenance Company to offer assistance to lot owners with minor maintenance tasks affecting terrain and flow of water on individually owned lots consistent with the availability of Lake staff time and equipment availability and
WHEREAS confusion has arisen with some lot owners as to the obligation of lake personnel to perform such maintenance tasks affecting terrain and flow of water under differing sets of circumstances with the consequent need to provide clarity to the situation, therefore
BE IT RESOLVED by the Board of Directors of Holiday Lake Maintenance Company that the following policy regarding the performance of maintenance tasks affecting terrain and flow of water on individually owned lots shall henceforth be governed by the following policy:
1. Subject to the availability of personnel and equipment Holiday Lake Maintenance Company will provide assistance to individual lot owners with minor work on their lot or lots as such maintenance tasks or may affect terrain and flow of water over the land.
2. The application of this policy shall be limited to the construction of small drainage ditches and the installation and maintenance of tile on the lot or lots owned by an applicant for assistance. It shall not extend to general landscaping tasks and the determination of the scope of this policy in any particular situation shall rest with the Board of Directors whose decision is, in all cases, final.
3. This policy does not affect in any way the "commons" of Holiday Lake or their construction, maintenance or lack of maintenance all of which are accomplished in the unfettered discretion of the Board of Directors.
4. An application for assistance under this policy shall be made in writing on a form supplied for that purpose by the Board of Directors. It shall be completed in an original and duplicate and filed at the Holiday Lake office. The form shall be signed by the lot owner requesting the assistance and receipt will be acknowledged in writing by the secretary employed by the Board of Directors as a day-to-day point of contact with the Lake. No alternative form of application is permitted. In particular, no application by telephone, facsimile transmission, text message, voice mail or written “drop-off” at the office will be acknowledged by the Lake and no response will be made to such unauthorized form of application. The application form shall incorporate the provisions of this resolution by reference and confirm the acceptance of an acquiescence in the terms of this resolution by the lot owner making application.
5. Acceptance of an application in proper form by the Board of Directors or its employee does not constitute an agreement between the Board and the lot owner who made the application that the Board will have the work done or will have the work done at any time in the future.
6. When an application is received the board will either direct acceptance by Lake Staff or will delay acceptance until it has had a chance to evaluate the proposed work before adding it to the list of applications. Applications acted upon favorably by the Board of Directors will be scheduled for work in the order in which they are accepted by the board.
7. Applications will be accepted only from lot owners and not from tenants or others in possession of the property.
8. Lot owners are always free to retain, at their expense, the services of private contractors to do work for which an application has been received and accepted.
9. When work is done by Lake employees under this policy the lot owner for whose benefit the work was done agrees to indemnify and hold Holiday Lake harmless from any liability it may incur as a result of the claims of any third-party. Similarly, the lot owner for whose benefit the work was done, in consideration of the value of the work done, releases any claim the lot owner may have arising from the work done by the Lake.
Dale Howe made a motion to accept the resolution as read, Duane Selken seconded, motion carried by unanimous vote.
I: Resolution: Official Addresses of Record - This was read aloud by Larry Ehrig.
Re: Official Addresses of Record
WHEREAS the Board of Directors of Holiday Lake Maintenance Company must communicate with Holiday Lake lot owners of record on many important matters including but not limited to their rights under the restrictive covenants which came in to effect at the time Holiday Lake was created as well as their rights as owners of record in corporate proceedings and other matters and
Whereas it has proven difficult in the course of the history of the lake and of the corporation which governs it to maintain adequate records of the addresses of lot owners so that communications of every sort could be properly mailed to them it is therefore
RESOLVED by the Board of Directors of Holiday Lake Maintenance Company as follows:
1. A form shall be created in enabling lot owners to communicate their addresses of record for all official purposes at Holiday Lake, which shall be the exclusive means by which lot owners communicate to the corporation their address of record for purposes of all official mailings. The form shall be executed in duplicate with the duplicate acknowledging receipt of the original and thereafter being mailed to the lot owner for the lot owners records.
2. The form shall be available to lot owners through the Lake office as soon as printing can be accomplished.
3. No manner of communicating the address of lot owners other than the form prescribed by this resolution shall be effective and binding upon the corporation. Such prescribed methods include but not limited to e-mail, text messaging by telephone, Any mailing other than the prescribed form, etc.
4. This policy shall be posted to the Holiday Lake website and shall otherwise be distributed to the owners in such manner as the Board of Directors may determine.
5. Failure of a lot owner to provide an address of record to the Lake office in the manner prescribed in this resolution shall be deemed a waiver of the lot owner to receive correspondence which the Lake otherwise as required or chooses to direct to a lot owner and a waiver of the rights of the lot owner to receive the correspondence.
Charlie Aiels made a motion to accept the resolution as read, Amy Morrow seconded, motion carried by unanimous vote.
J: Ruby Blankenship, ATV violation - Her grandson has been riding a 4-wheeler around the Holiday Lake roads. A warning letter had been sent and he continues to be on the roads. A $75 corporate assessment will be issued.
K: Committee members for Community Building Management - New committee members are needed for the management of the Community Building when it is completed. Pat Link and Kim Pendarvis have both said they would continue to serve on this separate committee. Anyone interested should contact Wendy Schwab. Liz Allison indicated a willingness to serve.
L: Powell Shelter usage charge - the users of the Shelter have left behind A lot of garbage, so the Lake personnel have had to clean up. The fee, effective immediately (except for those who have already reserved the Shelter), is $50, plus a $50 refundable fee if cleanup is taken care of by the users. The fee is non-refundable because the Shelter cannot be rented to someone else. Charlie Aiels made a motion to assign this fee for the use of Powell Shelter, Larry Ehrig seconded, motion carried by unanimous vote.
M: Kevin Nikolish standpipe - There needs to be a stand pipe installed, as an island of sediment tends to form there.
N: Bank papers - They need to be signed by the Board officers so that they could sign checks.
O: Year-end-income-tax return - The CPAs Ruchotzke & Ruchotzke have finished and there will be a refund on the Maintenance account. The Lake owners fund has to pay $1000 in tax.
Communication received by the Board:
A: Kenny Cadden, Des Moines Register - Not present.
B: Glynnis Worthington, Teen Dance - Not present.
C: Elizabeth Allison, Budget - Giving everyone a copy of the monthly budget, as was done at this meeting, is what she is asking for. Jim Clayton Jr. felt that it was important that her last letter be answered in detail. He asked J C Miller to report on the differences in previous budgets. He was speaking for an accounting committee of three (Miller, Harold Vokoun and Jim Hamilton) to help with the budget. They are not setting the budget; they are assisting. He went through several items to explain the differences. He clarified the number of lots owned by the Association, the number of lots owned by others, the number who actually pay, and the previous years’ budgets. There are some months that the budget statement seems inaccurate because of the time delay in paying bills and/or receiving payments. That also answers the question of why there are a couple of negative amounts in this month’s budget statement. Sometimes, it looks like the numbers are off, but it always works itself out. His recommendation to the Board is to “not sweat the small stuff.” He also pointed out that two years ago the Board at that time changed methods of accounting and it has taken some time to catch up the difference in cash on hand. Larry Ehrig pointed out that the year that the Board went into the hole, the members had assumed they would receive $60,000 in RIZ money, but that did not materialize.
D: Daryl Magee, Standpipe - Some of the standpipes around the Lake have covering and some do not. He feels they should be covered because of liability. Some are large enough for a child to fall into. Larry Ehrig said they should all be wrapped.
Our next board meeting will be November 8, 2007, at 6:30 P.M.
Motion to adjourn was made by Amy Morrow, seconded by Audrey Brickman, motion carried by unanimous vote.
Meeting adjourned at 7:55.
Minutes taken and typed by Dale Howe, Board Secretary.
Dale Howe - Holiday Lake Board Secretary
Jim Clayton, Jr. - Holiday Lake Board President