Date: March 28, 2012

 

Attendance

Board Members

            Present: Scott Webber, Jim McCann, David Decker, Joe Nicoloff, Gary Kluckman.

            Excused: Don Austin and Jason Hicks

            Quorum Present: Yes

 

Others Present

            Holishor Members Present 10

            Glenn Dalton and Angie Basham from Holishor Office

 

Proceedings

Meeting called to order at 7:30 PM

Pledge of Allegiance Recited

 

Minutes of March 14, 2012

Action:  Gary Kluckmann motions to approve, Jim McCann seconds

Motion carries

 

Transfers of Property submitted by Angie Basham

 

Correspondence Read by Joe Nicoloff

Letter from Andrea Pohlmann asking for the use of the clubhouse for produce co-op

Discussion:  Jim McCann thinks there are a lot of questions that are not included in the paperwork received.

Scott Webber doesn’t like the Wednesday

Dave Decker doesn’t like the idea.

Action:  Tabled until the next meeting.

 

Letter from Sarah Tomer(1056) dog issue

Discussion: 

Scott Webber asks Glenn if he found out anything from Madison County about the acreage requirement.

Glenn Dalton there is nothing in there that indicates acreage requirement.  Madison County is three dogs, but of course she has the exception.  Our rules state reasonable number.

Scott Webber she has an exception from Madison County but not from Holiday Shores.

Jim McCann She has an exception from the state of Illinois. State of Illinois Permit.

Dave Decker this license is for partners for pets, which she falls under, but the license is not for her. 

Scott Webber asks the Board if 7 dogs are a reasonable number of dogs. 

Joe Nicoloff thinks that 3 are reasonable.

James Lack (1055) has cleaned up the yard.  Has lived there a year and half.  Just would like to put up fence and be done with it.  Not against her profession. Will do whatever is necessary. 

Scott Webber and Jim McCann Thinks that it is a matter for the Association Attorney.

Jim McCann We would need letters from all neighbors agreeing to variance.

Conversation ensues

Scott Webber We are trying to resolve the dog problem first then the fence.

Action:  Referred to attorney.

 

 

 

Old Business

Covenant vote Scott Webber we have reached 1000 votes. Thanks the volunteers, keep it up.

 

Annual Meeting

Ballot  1

 

 

Original

BYLAWS OF HOLISHOR ASSOCIATION, INC.

ARTICLE III – MEMBERSHIP

Section 1 – Membership:

 

I. Failure to Pay Dues and Assessments: The failure of any member to pay annual dues, assessments, fees or other charges as required by these Bylaws shall cause an immediate suspension of such member’s rights and privileges.

 

Annual membership cards, auto decals or boat decals, shall not be issued until all dues, assessments, fees, or other charges as required have been paid. (5-16-81)

 

Potential Rule Change

BYLAWS OF HOLISHOR ASSOCIATION, INC.

ARTICLE III – MEMBERSHIP

Section 1 – Membership:

 

I. Failure to Pay Dues and Assessments: The failure of any member to pay annual dues, assessments, fees or other charges as required by these Bylaws shall cause an immediate suspension of such member’s rights and privileges.

 

Any identification cards and/or decals shall not be issued until all dues, assessments, fees, or other charges as required have been paid. (5-16-81, 5-19-12)

 

 

Rationale: Annual membership cards and auto decals are no longer issued.  This wording change is a generalization that allows the flexibility to issue (or not issue) any type of identification card as deemed necessary in the future, including membership IDs, guest passes, watercraft decals, low speed vehicle decals, etc.  This change has no effect on the intent of the rule regarding the Failure to Pay Dues and Assessments.

 

If you vote YES:  This section will better reflect the types of identification the Association issues now as well as those that can be issued in the future.

 

If you vote NO:  This section will continue to suggest that the Association issues annual membership cards and auto decals.

 

 

Discussion:

Jim McCann Thinks that if you vote no should read “we will start issuing membership cards and auto decals and make you put them on your vehicles.

Joe Nicoloff thinks what Jim has suggested would be correct in interpreting a “no” vote

Gary Kluckmann see Jims point, questions how we are going to pay for this. 

Dave Decker neither one says we have to issue cards.

Conversation ensues.

 

 

Ballot 2

 

 

Original

BYLAWS OF HOLISHOR ASSOCIATION, INC.

ARTICLE III – MEMBERSHIP

Section 1 – Membership:

 

J. Lot Mowing: Each property owner, resident or non-resident, shall maintain his lot or lots up to and including the area between the lot line and the hard surface of the road, free of excessive weeds, brush or other growth.  In the event any property shall be permitted to remain un-mowed and such grass, weeds, brush or other growth shall attain 10 to 15 inches in height, the Association shall have the right, without notice, to mow the same at the expense of the owner.  The expense of mowing shall be billed to the owner, and shall be due and payable promptly upon receipt of such billing by the owner.  Failure to pay said billing shall result in the Association filing liens.  Lien fees and interest charges shall be levied as provided under Article IV, Section 5.

 

Potential Rule Change

BYLAWS OF HOLISHOR ASSOCIATION, INC.

ARTICLE III – MEMBERSHIP

Section 1 – Membership:

 

J. Lot Mowing: Property owners shall maintain their lot(s) up to and including the area between the lot line and the hard surface of the road.  In the event any property shall attain excessive weeds, brush or other growth exceeding an average of 10 inches in height, the Association shall have the right, without notice, to mow the same at the expense of the owner.  The expense of mowing shall be billed to the owner, and shall be due and payable promptly upon receipt of such billing by the owner.  Failure to pay said billing shall result in the Association filing liens.  Lien fees and interest charges shall be levied as provided under Article IV, Section 6. (5-19-12)

 

 

Rationale: This change is proposed for clarification and ease of understanding.  No operational changes are included in this proposal.

 

If you vote YES:  This section will hopefully be easier to read and understand.

 

If you vote NO:  The existing wording will remain.

 

Action:   Jim McCann Motion to place the Article III Section 1 Membership section J, lot mowing for the Annual Meeting membership vote.

Joe Nicoloff seconds.  Motion Carried

James Cunningham (552) Does this rule include chain link fences that have weeds growing half way up the fence?

Scott Webber yes it would be considered part of the yard.

 

 

Ballot 3

 

 

Original

HOLISHOR ASSOCIATION, INC.

FINES AND PENALTIES FOR VIOLATION OF RULES AND REGULATIONS

LEVEL 1 INFRACTION – Violation of specific Holishor Association boating rules and regulations.

Penalty – Written warning

A violation of any one of the following rules is a Level 1 Infraction:

 

 9.        Pontoon boats and sailboats operated Holiday Lake shall not exceed thirty (30) feet in length.  All other watercraft shall not exceed twenty-two (22) feet in length.  ALLWATERCRAFT REGISTERED WITH THE HOLISHOR ASSOCIATION PRIOR TO JANUARY 1, 1989, SHALL BE CONSIDERED EXEMPT FROM THIS RULE.

Potential Rule Change

HOLISHOR ASSOCIATION, INC.

FINES AND PENALTIES FOR VIOLATION OF RULES AND REGULATIONS

LEVEL 1 INFRACTION – Violation of specific Holishor Association boating rules and regulations.

Penalty – Written warning

A violation of any one of the following rules is a Level 1 Infraction:

 

9.         Pontoon boats and sailboats operated on Holiday Lake shall not exceed twenty-eight (28) feet in length.  All other watercraft shall not exceed twenty-two (22) feet in length.  ALLWATERCRAFT REGISTERED WITH THE HOLISHOR ASSOCIATION PRIOR TO JANUARY 1, 1989, SHALL BE CONSIDERED EXEMPT FROM THIS RULE. (5-19-12)

 

 

Rationale: The maximum allowable length for pontoon boats and sailboats has been twenty-eight (28) feet for many years.  Although stated correctly in other sections of our Community Instruments, this error was found and poses a discrepancy.  This change corrects a flaw in our written documentation only and does not change the allowable length of any watercraft on Holiday Lake.

 

If you vote YES:  This section of our Bylaws will be consistent with the rest of our Community Instruments as well as our operating procedures.

 

If you vote NO:  There will continue to be an error that incorrectly suggests that pontoon boats and sailboats can be up to thirty (30) feet in length.

Ballot 4

 

 

Original

ARTICLE III – MEMBERSHIP

Section 1 – Membership:

E. Non-Member Family: Adult children or other family members residing with a member or members constitute guests of the member and must abide by all Rules and Regulations of Holishor Association, Inc. pertaining to guests and otherwise.(5-20-06)

Potential Rule Change

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Rationale: Currently, legal residents and adult family members who do not own property are considered guests of the member and therefore must be accompanied by the member at all times unless they have in their possession a guest pass.  This practice has not been followed for many years and is unrealistic for use today.  This definition and its parameters should be included in the Holishor Association, Inc. Rules in a section that defines all allowable classes of members/memberships.

 

If you vote YES:  The section Non-Member Family will be removed from the Bylaws, re-written, and included in the Holishor Association, Inc. Rules under a section that clearly identifies all classes of members/memberships.

 

If you vote NO:  The section Non-Member Family will remain in the Bylaws, creating a continued point of confusion.  Furthermore, all adult residents other than property owning members will be required to either accompany a member or have in their possession a guest pass. 

 

Glen’s rewrite

Rationale:   This definition should be covered and expanded upon under Classes of Membership in the Rules section of our Community Instruments.  This is interpreted as a Class of Membership.  If additional Classes of Membership are adopted they should all be listed in our Rules and in one section to augment understanding.  This definition could also be placed under Community Instruments Definitions.

 

If you vote Yes:  Section E. Non-member Family will be removed from the By-Laws, re-written and included in the Rules Section under Classes of Membership if adopted or moved to the Definitions Section.

 

If you vote No:  this definition will continue although not an adopted class of membership and be a point of confusion.

 

 

Discussion:

Jim McCann under the rational on the first page thinks the sentence “This practice has not been followed for many years and is unrealistic for use today.” Should not be part of the rational. 

Scott Webber:  My rational is very simple if you are 18 years of age and still live in your parent’s house you are no longer a member and are not entitled to any privileges in Holiday Shores.  Very simple statement.

Rich Hertel (679) Maybe make the age higher or college students.

Dave Decker Thinks Rich misunderstood.  This is the current bylaw, we are not proposing to change it to 18 years of age, that is how it currently reads.  Thinks Scotts rational is straight forward, and thinks simplified makes sense.

Gary Kluckmann & Joe Nicoloff agree.

Conversation ensues. 

 

Special Meeting Tuesday April 3, 2012 at 6:30 p.m. ballot 4 and Ballot 5 budget should be available for approval.

 

Scott Webber  the last thing we have for the annual meeting is the member designee, we have asked our Attorney David Gerber to clarify for us definitions because its our opinions that the definitions are part of the problem that were passed last year. I don’t know if these are definitions or bylaw recommendations. Definitions are bylaws.

Glenn Dalton they are bylaw recommendations.

Dave Decker doesn’t like the term that definitions are bylaws, it was passed by the membership.

Joe Nicoloff it appears that he is doing a membership section in the bylaws.

Scott Webber so he is red lining what he recommends is changed.

Dave Decker doesn’t agree with this proposal in way shape or form as a bylaw.

Scott Webber would like to see the final.  Is this a rewrite of the bylaw or an addition to bylaw?

Glenn Dalton it is a proposed change.

Jim McCann thinks he is looking in the wrong direction.

Conversation ensues

 

New Business

Road Plan

Glenn Dalton Barbados was the road that was over-laid two years ago and because of budget constraints last year, so second layer of chip and seal. Overlook Drive, High Point Drive and Waikiki Drive were rebuilds from last year that will get the final coat of chip and seal.

Road rebuilds – finish High point and Biscay circle total rebuild.

Black top Apron – Overlook entrance off of Dam Road

Culverts – High point, Carribean, Barbados the bottoms are out of the pipes and need replaced.

Discussion:   

Jim McCann is that the culvert that feeds into San Juan Harbor?

Glenn Dalton.  Yes

Scott Webber on the roads resurfacing, road rebuilds, and the apron.  Have we talked to Fort Russell about sharing some of the cost?

Glenn Dalton  no but we can I. will coordinate with Fort Russell before start of project.

Jim McCann about half of that is on their road, and curious as to whether we can go out and cut into there part of the road.

Scott Webber so the intent is to go out and get actual bids if approved.

Glenn Dalton yes.

Jim McCann overlook is that our workers or contractor.

Glenn Dalton – contractor, anytime using hot mix, we don’t have the capacity to do it.

Dave Decker the two culverts on High Point one goes directly into lake or lot.

Glenn Dalton problem is the one side of road where the water always backs up and coming underneath the road. We are going to run it one side of the road to the other, put swale in to carry to the lake and do the same thing on the other side.  There is a pipe under there now, and it is underside, and no couplings.

Dave Decker same question on the Barbados, what is the culvert like on the other end?

Glenn Dalton we feel we have enough retention below Barbados in between those two additional culverts that we have on our plan for next year, to handle the extra.

Jim McCann Don’t we always start at the lake and work our way back?

Glenn Dalton we normally do but with the overlay on Barbados this is why we have taken this approach.

Jim McCann we could wait on Barbados, and replace all three then do the overlay the next year, or differ High Point to do Barbados.

Scott Webber thinks we should get final bids and see what we can get done for the next board meeting

Conversation ensues.

 

Open Floor

Jim Bartlett (984) Hal Patton has had some luck helping to get money from townships for roads.

Scott Webber has had discussion with Patton about it.  We are still working on that.

The process is pretty difficult, you have to get a petition, you have to go to the board, he has offered to go to the board, he has to convince 29 other board members with the townships putting pressure on them those 29 people then vote whether it is going to be on a ballot or not, then all of Holiday Shores has to vote for it, that is what has to be done.

Gravel on Holiday Point Parkway cul-de-sac has a lot of gravel that needs to be swept up.

Conversation ensues

 

Gary Kluckmann asks for and update on SuTwan leakage.

Glenn Dalton improvement on ditch coming all the way down that section of road to come down and go through the ditch. French drain is doing exactly what we wanted it to do.  Good shape on overflow, and the crest was built up. We do have a lot of seeding to do, and get the grass to grow.

 

Joe Nicoloff motions to adjourn to executive session, Gary Kluckman seconds.

Meeting Adjourns at 9:14

 

Scott Webber reopens the March 28, 2012 meeting into regular session from executive session

Dave Decker almost 2 months ago we had passed a new class of membership rule, and according to our Rule rule that would take effect 60 days after the passing of the board voting for the rule.  So that currently is going to take effect April 11 unless other action is taken.  I know that at the last board meeting, there was discussion as to whether or not this rule was going to go into place, no action at this point.

Jim McCann we made a commitment to the members present that we would table it till after the annual meeting based on our Attorney and he agrees that we did not vote on that.

Dave Decker states that one or two people said that and was not a board opinion. Was not a board decision to do that.

Scott Webber states that he said that. It was discussed in the pre-meeting that Dave was not able to attend. It was discussed that anyone 18 or older was not a member and should not be driving boats.

Dave Decker so we were going back to the old rule? Member Designee hasn’t been suspended.

Scott Webber member designee was not valid according to our Attorney.

Dave Decker so is the proposal to revoke both the member designee and the class of membership rules.

Jim McCann Gerber’s recommendation was the member designee was against covenant and should remove that.  Suspend the classes of membership till after the annual meeting and the bylaw vote.

Dave Decker  Has a problem with something not being in place to replace this.  Adult children no longer have rights. 

Conversation ensues

Action:  Jim McCann motions to abolish the member designee rule effective immediately based on our Attorneys recommendation.  Dave Decker seconds. Motion passes.

 

Jim McCann motions to go back into executive session, Dave Decker seconds, returned to executive session.

 

Scott Webber reopens the March 28, 2012 meeting into regular session from executive session

We have a motion and a second to abolish the member designee rule.

Joe Nicoloff: This is one the first page of the Boating Rules.

Action: motion passed

 

Dave Decker the second thing that was discussed at the last meeting was that the board was going to suspend the implantation of the class of membership rule that was passed by the board couple of months until after the annual meeting and the bylaw proposal.  This will take effect April 11th unless we vote to suspend that rule.  Thinks the board did a good job with all the differences of opinions, not real sure what can be changed.

Scott Webber thinks that two issues stood out to him from the many comments, was the fee and restricting it to the boat was the other.

Dave Decker Do we want to resend or suspend the vote.

Jim McCann thinks that the board should alter the rule, resend till after the annual meeting, then rework the classes of membership. 

Joe Nicoloff thinks rescind

Gary Kluckmann thinks rescind

Conversation ensues.

 

Dave Decker motions to rescind the class of membership rule.

 Jim McCann seconds. 

Discussion:

Scott Webber now what

Dave Decker you recommendation of having a packet for the annual meeting, that says what happens, here is our proposal.

Glenn Dalton comments that there is so much confusion on this whole thing, that it will jeopardize your bylaw. Get the bylaw passed then go forward with this.

Scott Webber very black and white, you either want non exempt family or you don’t.

Dave Decker The next meeting a proposal needs to be given, if nothing else than to start the clock.

Dave Decker From a board stance then we are to instruct the staff to follow all rule.

Scott Webber I need to see on the security report with tickets being issued to people driving boats over 18 years old.

Conversation ensues

 

Action: motion carried

 

Dave Decker makes a motion to adjourn, Jim McCann seconds, motion carries adjourns at 10:34