Date: July 25, 2012

 

Attendance

Board Members

Present: Jim McCann, Don Austin, Joe Nicoloff, David Decker and Gary Kluckman

Excused: Jason Hicks

            Quorum Present: Yes

 

Others Present

            Holishor Members Present 12

            Glenn Dalton and Michelle Smith from Holishor Office

 

Proceedings

Meeting called to order at 7:30 PM

Pledge of Allegiance Recited

 

Minutes of June 27, 2012

Don Austin motions to approve, Gary Kluckman seconds.

 

Minutes of July 11, 2012

Gary Kluckman motions to approve, Don Austin seconds.

 

Transfers of Property

One transfer with one new member. Year to date 26 new members.

 

Treasury Report for June 26, 2012

Jim McCann: States that since Jason Hicks is not here tonight to answer questions they will discuss it at the next meeting.

Action: Tabled until next meeting

 

Jim McCann: States at the last Finance Committee meeting that a 6 month review of the budget was done and they are on track with the budget and the Finance Committee determined there are adequate funds to approve the road funds expenditure.

 

Old Business

Covenant Voting

Votes by ballot is 607, votes by proxy is 312 making the total count 919 votes. Need 1183 votes to pass the covenants.

Jim McCann: States it was determined at the last meeting to make a cutoff date of October 31, 2012 and per their attorney, to publish the names of the members and the number of votes of those members with votes that are outstanding in the Holiday Times. Some people believe this is a punitive action, which it is not. Here is the cover letter that will be  in the Holiday Times. The list represents around 515 members with 686 votes.

 

Covenant Voting Will Close 31 October 2012

 

Holishor Association has been attempting to pass a ballot to update the Covenants for our community to be in compliance with the Illinois Common Interest Community Association Act (CICA).  These updates have been described during the prior two annual meetings and in multiple mailings to each lot owner.  Key provisions include retaining members’ rights to approve the annual budgets as well as assessment increases.  CICA transfers that approval authority to our Board of Directors by default. 

 

A protective measure included in our existing Covenants, dated 1967, requires that all changes must be agreed to in writing by a minimum of two-thirds of the properties.  We have a total of 1,793voting lots within the Association, so for this ballot to be successful 1,183 “yes” votes must be received.  After 14 months we have collected a total of 930 votes.  However with a secret ballot, we are not aware of the number of “yes” votes we have already received.  Nor are we allowed to begin counting them until the voting is closed.

 

The beauty of living in a democratic society includes the ability to actively participate in the events that directly impact our lives.  While the intent is to proceed with the majority view, others “voice” their position through their right NOT to vote.  Unfortunately the two-thirds majority requirement does not allow this scenario to have the same effect.  Please ensure the Association office receives your vote or proxy before close of business on Wednesday, October 31, 2012.

 

The following list reflects those properties for which a vote or proxy has NOT been received, along with the member on record.  Please review this listing and contact the Association office at 656-7233 for questions, corrections, or ballots.  Thank you.

 

Slow Moving Vehicle Rule

Jim McCann: States since Jason Hicks is not here tonight, we do not have an update on the rule.

Action: Tabled until the next meeting.

 

Road Plan

Glenn Dalton: Recommends approving the low bids for the pug mill and asphalt work.

Jim McCann: I will entertain a motion to allow Glenn to move forward with the expenditure on these two items for our road plan.

Joseph Nicoloff motions to approve, Don Austin seconds

Action: Motion carries.

Jim McCann: What is the timeline you are looking at right now for completion of the project? Asks if the heat is going to have any negative effect on the chip and seal. We are also going to roll the chip and seal.

Glenn Dalton: We’re looking at the first part of August or middle of August and we should have our road plan completed. Explains they will not allow any cut mix to be used and the mid 90’s would be great to do it and they will hold off until they get that. The other work on the culverts must be done first. Yes, they will roll the chip and seal.

Discussion ensues…

 

Guest Identification Rule

Jim McCann: Since Jason is not here tonight, we will table that.

Action: Tabled until the next meeting.

 

Fire Department Members Use Of The Lake

Glenn Dalton: There are 3 members from the Holiday Shores Fire Department that are non-members of the association.

David Decker: I think at this point I’m just going to let it slide.

Jim McCann: Thinks it would be just as easy for a member to make them an associate member so they can do it without requiring board action.

Glenn Dalton: That has been discussed with Steve Cooper who is the new fire chief.

Action: None taken.

 

Review Of Board Candidates from Nominating Committee

Jim McCann: Scott Webber resigned from the board 6 weeks ago and we have two members who have volunteered to fill that position. States the two candidates are Ben Kelley and Michael Parker. The board interviewed both people before the meeting tonight. I thank you both.

Action: Will be decided in executive session.

 

Buoy Plan from Lakes & Dam

Jim McCann: Stated they asked Lakes and Dams Committee to go out on the lake and do an inspection and come to a determination of where our current buoys were, where we may need to add buoys and/or where we need to move buoys. They think we should add and change style of buoys. Board will take a better detailed look at the map at the next meeting. Will put on PowerPoint on a screen so the members can see it better. Potentially part of 2013 due to the budget.

Gerry Theodore 1346: Wants to point out something that may be controversial. In the past the no wake distance was 75ft. from the shore and in the cove it went to 150 ft. mark. States a determination was made that we also need to be able to turn the boat around and if you go to the 75ft. mark on either side, you cannot. Recommends 220-225ft.

David Decker: States he read that and took that into consideration and some people ski into the coves and hit that point and now you’ve moved it further out in the cove.

Gerry Theodore 1346: There is some loss to that. That’s why I wanted to point that out. But yes, you are going to shorten that distance down some.

Jim McCann: This is a recommendation for Lakes and Dams and the board will make a final decision on where the buoys will go.

 

Dredge & Geo Bag Recommendations from Lakes & Dams

Joe Nicoloff: States that this is to get the process going for us to be able to start using geo bags. We’ve got the dredge working right now in San Juan cove, once we get as far as we can with the pipe, we’ve got to do something else. That’s where the geo bags will come in and there is an approval process on the geo bags. We want to start the approval process for the geo bags so we can use geo bags and get into some of these coves that we can’t get into with the dredge right now.

Jim McCann:  States the existing silt pit permit expires in 2013 and asks Glenn Dalton what is the cost to renew that, is it an approval process, and it’s a five year permit right?

Glenn Dalton: States the it is $5000 dollars, it’s a re-approval process, and yes it’s a five year permit.

Jim McCann:  States the IEPA only allowed us to use the one silt pit and the use of Geo-Bags will allow us to dredge other coves in the lake.

Glenn Dalton: We have a letter from IEPA to allow us to apply for a Geo-Bags permit.

David Decker: Motion for Lakes and Dams to investigate the use of Geo-Bags for the use at Holiday Shores. Joe Nicoloff seconds.

Discussion ensues……

Gerry Theodore 1346: That finally got straightened out pretty good except there is probably going to be some fees involved rather quickly. Roger may have more information than I do. This is a very confusing thing when you talk to people out there. States some say you can use geo bags and some say you can’t and they’re not allowed in Illinois. Until we get this thing started, we don’t even know if we are going to get approved to use geo bags in Illinois. States that if they can’t use geo bags, they are going to have to look into other options. Don’t let that pit get uncertified because if we lose that we will probably never get another pit approved or if we do it’s going to be really costly. So $5000 dollars up in that North end where we have to do a lot of dredging is well spent.

 

Motion approved.

 

Update Bylaw Permitting Foreclosure & Wage Garnishment

Jim McCann: What we are looking at is something that will give the board, a bylaw that would give the right to go after members who, once they reach a certain point of debt with the Association, to actually foreclose on their property and force payment.

Action: Tabled for now. No action taken.

 

New Business

Financial Management Bylaw

Jim McCann: At the last Finance Committee meeting we looked at the bylaws that concerned our financial management.  Article 4, section 3, item B of our covenants is the financial management requirement that requires the board to look at the monetary situation of the Association every year in September. The Finance Committee has made a recommendation that it be changed from September to be done quarterly. What we have found is that if we wait until September to find out that we have a problem it’s too late to do anything about the problem. The Finance Committee was formed so that we could look at this on a monthly basis and currently we do quarterly reviews. We feel that it has worked very well and because it has worked very well, we would like to see a bylaw passed that requires quarterly reviews as opposed to it just being something that the Finance Committee and the board has determined be done. We already do it but we don’t know what boards in the future will do.

Ray Garber 1822: The reason that we need this is, the boards make up changes, financial changes and you might have a board 10-15 years from now that doesn’t have that knowledge or leadership and you can run into some really severe issues. I think it’s a good proposal.

Action: None taken at this time.

 

Unkempt Property Bylaw

Jim McCann: A request from the office is that we look at our unkempt property bylaw and make some updates or alterations to that bylaw. We are getting more and more phone calls and complaints from members about property that is in one state of disrepair or another or one state of clutter or another and it has been brought to our attention that the current bylaw, because of a few phrases that are in that bylaw, ties the hands of the board or of the office to really go out and make meaningful changes. States he will work with Jason Hicks and make some modifications to the unkempt property bylaw to then bring to the board for their consideration at the next annual meeting.

Action: None taken at this time.

 

Open Floor

Rich Hertel 679: What is the lake level as of today? Do you measure in the mornings or on the weekends?

Glenn Dalton: 14 ½ inches below full pool. We measure every morning.

Laura Scatturo 1716: Does anyone know if we have talked with the Sanitary District about a volunteer water conservation?

Jim McCann: We have had discussions with the Sanitary District. Our lake has a lot of water in it and we don’t go into voluntary water conservation when we lower the lake five feet. Yes, it affects boating on the lake but it doesn’t affect the Sanitary District’s ability to supply fresh water to the Association.

 

David Decker moves to adjourn to executive session, Don Austin seconds.

Meeting Adjourns at 8:45 p.m.

Meeting reconvenes at 9:30p.m.

Motion to nominate Mike Parker to fill the vacant board position.  Motion by Don Austin, Gary Kluckman second.

Motion carries.

David Decker moves to adjourn , Don Austin seconds.

Meeting Adjourns at 9:45 p.m.

Meeting minutes submitted by Joe Nicoloff