Date: August 22, 2012

 

Attendance

Board Members

Present: Jim McCann, Don Austin, Joe Nicoloff, David Decker, Jason Hicks, Gary Kluckman and Michael Parker

            Quorum Present: Yes

 

Others Present

            Holishor Members Present 7

            Glenn Dalton and Michelle Smith from Holishor Office

 

Proceedings

Meeting called to order at 7:30 PM

Pledge of Allegiance Recited

 

Minutes of August 8, 2012

David Decker motions to approve, Don Austin seconds.

Action: Motion carries.

 

Transfers of Property

1 Transfer of Property, 1 initiation fee.

 

Treasury Report for May 31, 2012

David Decker motions to approve, Joe Nicoloff seconds.

Action: Motion carries.

 

Treasury Report for June 30, 2012

David Decker motions to approve, Joe Nicoloff seconds.

Action: Motion carries.

 

Treasury Report for July 31, 2012

David Decker motions to approve, Joe Nicoloff seconds.

Action: Motion carries.

 

Correspondence

Kellim Boat Variance Letter Read by Joe Nicoloff

Requesting variance to use a 1996 Kawasaki Shuttle Craft powered by a 1996 Kawasaki 1100 ZXI wave runner.

 

Joe Roth 1030: Normally they take it out and park it and use the jet ski and then come back. There is one right next to Casey’s as you come into Bethalto. A guy has it parked right in his driveway there. They can get big, 23-28 foot. It’s two separate pieces of equipment. It’s a jet ski and a boat.

Jim McCann: What is the boat length on this part of the watercraft?

Glenn Dalton: I don’t know, but from looking at it, it is nowhere near 22ft.

Jason Hicks: I think it’s important to verify the length of it before we make a ruling on it. I would also suggest we identify any unique markings for the members file and make sure that they have their stickers on the watercraft but not on their personal watercraft so if it does get separated, it would stand out.

David Decker: I don’t like the idea at all.

Jim McCann: Based on our current rules, regardless what it’s wrapped around, it’s still a PWC and it’s over the horsepower limit, considerably. I think we should be very cautious in approving something we have very strict rules against.

Joe Nicoloff: Even the way its worded, we would be approving a wave runner with 130 horsepower.

Jason Hicks: Motions to approve but with a rewrite as a propulsion unit as identified in the letter.

Action: Dies for lack of a second.

 

Hayes SMV Letter

To: The Holiday Shores Board of Directors      8/14/12

From: Richard D. Hayes

Re: Slow Moving Vehicles

Gentlemen,

I personally like the concept of allowing slow moving vehicles in Holiday Shores.  I had lunch with Joe Panapinto (owner of JMP Cycles) and we discussed the new proposed rule regarding slow moving vehicles.  We are both in favor of allowing the use of slow moving vehicles in Holiday Shores.  We would like to respectfully make some suggestions/recommendations for your review, not necessary in order of importance.

1.     Among other things, this could create much needed revenue to Holiday Shores.  A fee of $40.00 per year is not out of line.

2.     When the Federal Government proposed the use of slow moving vehicles, the idea was to use less gas in the USA.  Their proposal was very simple and most, if not all States adopted their proposal to the letter.  Unfortunately the great State of Chicago (Illinois but might as well be Chicago!) in their infinite wisdom decided to add their own twist to the Government proposal.  The initial proposal was for the States to allow vehicles like the Mule and Gator (plus all others in this group) that were limited to no more than 25 MPH (got a governor) and golf carts – also limited to max speed of 25 MPH to be driven on street with posted speed limits of 25 MPH.  Pretty simple!  Then the Great State of Chicago added all the rest of the requirements!  If you go to Texas, Missouri, Nebraska, etc. they all adopted the proposal by the US Government!

3.     There is no need for rear view mirrors (do not need them on motorcycles!).  There is no need for turn signals (do not need them on motorcycles!) hand signals work just fine and are still legal!  

4.     Please limit the use of SMV’s to these listed above – do not allow 4 wheelers that can go 70 MPH OR more!  Keep it to SMV’s that have a governor that limits the top speed to 25 MPH.  We do not need “kids” driving 70 MPH on our roads.

5.     The proposal that was developed by our Government did not specify a “slow moving vehicle” emblem on the rear of the SMV.  When they are allowed only on streets with a max of 25 MPH and their max speed is 25 MHP everything should be good.

6.     The proposed law by our Government did required lights and brake lights.

7.     I believe the law allows use only on roads with a posted speed of 25 MPH.  However, I believe you are allowed to “cross” a road with a higher posted speed.  As far as driving on a road with posted speeds of more than 25 MPH, I believe if a person drives as far to the right as possible for “short” distances the local law enforcement will allow this.  We believe this would be up to the County Sheriff to determine.

8.     The $300,000.00 liability insurance (like required for our boats) is an excellent idea.

9.     I did see concerned regarding the age of the operators in the meeting minutes.  You might consider limiting the use to people over 21 years of age.  This may keep the possible problem with young drivers causing a problem for everyone. 

 

Thanks for your consideration on this matter.

 

Rich

Action: Board accepts the letter and it will be published in the minutes in its entirety.

 

Old Business

Covenant Voting

Jim McCann: Covenant vote count is up to 1070. While we are making progress, we are still not where we need to be. Our comfort zone was 1400 and we are still 330 votes away from that. I would just hope that the membership realizes at some point what the ramifications of this are going to be.

 

Guest Identification Rule

Jason Hicks: There has been no changes since it has been posted in the Holiday Times.

Proposed Rule

Guests

Members and Associate Members are allowed to host guests on Associations properties. Members may host guests in reasonable numbers and for a reasonable duration. Associate Members may host guests according to the stipulations provided in these Community Instruments. Guests do not require identification, but are required to be in the company of those persons authorized to use Association property at all times. Members are responsible for the actions of their guests and the guests of their Associate Members, as well as any fines and/or penalties issued for non-compliance with these Instruments.

Jason Hicks motions to approve, Don Austin seconds.

Action: Motion carries.

Jim McCann: The effective date will be October 22, 2012. It will be posted in the Holiday Times and on the website.

 

Buoy Plan

Glenn Dalton: States that they have changed the type of buoy that they are currently using in their buoy plan. He shows buoy and how they are going to anchor it.

Jim McCann: What did you propose is the fine level for moving a buoy?

Glenn Dalton: $100. It’s a disregard for safety the way we see it and that’s why we requested it be $100. 

Jason Hicks: Would it also be considered theft or vandalism since it’s Association property? So it could be something we could file charges against someone for? I would recommend that we go ahead and do that for people that purposely move those.

Glenn Dalton: Yes.

Jim McCann: What kind of timeline are we looking at?

Glenn Dalton: I have these types of buoys currently in stock and as soon as I get my dredge running and my road plan complete, I will be able to put them in this fall if you so desire.

Jason Hicks: We used to have a couple of those that were lit. Is that in the plan at all?

Glenn Dalton: No, that is not in the plan. The last time I put a lighted buoy out was down at Fisherman’s Cove and they took my lighting system.

Jim McCann: States that there is a map down in the library that shows where the buoys will be.

Rich Hertel 679: Asks if it would be a good idea to put an ID number on the buoys to show where they should be in case someone moved one across the lake. Might be a good idea. When the lake drops a foot, how much variance would it shift the chain on it back and forth? Is that going to make any difference?

Glenn Dalton: We can do that. We’re going to have approximately a foot to a foot and a half of slack in the chain from the start so as the lake goes down that would add about another foot and a half so instead of being 75 feet from shore it’s going to be 71.

Don Austin: I think Rich’s idea is really good. We could get some of those boat stickers that are reflective, number them all and know where they are. The numbering idea is a good idea. Mentions buoys that have all of the sudden appeared or disappeared.

Glenn Dalton: These are reflective buoys as well so if you hit them with a spotlight at night, they show up.

Jeanie Votruba 493: Will they be removed for the winter or will they be in the ice when it freezes?

Glenn Dalton: We try to take them out in the winter and put them back in the Spring.

David Decker: Are these going out for the old plan or are these going out for the new plan?

Glenn Dalton: Once I get approval for the new plan, that’s what they will be because we don’t have approval for the new plan yet.

Jim McCann: Let’s put this for the first meeting in October for final approval on the buoy plan.

Action: None taken at this time.

 

Bylaw change Quarterly review of budget

(Existing)

 

A.  The Board of Directors shall prepare an annual budget to be presented to the membership at the annual meeting. Annual assessments shall be charged to each membership of the Association. In the event a member owns more than one improved property, which is occupied, whether the same is rented, occupied rent-free, such member shall pay an annual assessment for each such improved lot. Ownership of two or more vacant and unimproved lots shall not increase the number of annual assessments owed by the member. Annual assessments due from tenant members shall be the joint responsibility of the tenant-member and owner-member of such rental property and in the event of nonpayment by the tenant member, the same may be collected from the owning member by the Association in the same manner as collection of annual assessments generally. In the event that an annual budget is not adopted at an annual meeting, a special meeting shall be called, and a revised budget shall be submitted to the members for approval. The budget shall be mailed to all members with the call letter for the meeting. Approval of the budget by a majority of the memberships present and voting on this issue at the annual or special meeting shall set the annual assessment amount for that budget year. (5-21-88, 5-20-06, 5-21-11)

 

B. At least three months before the end of the fiscal year the Board of Directors shall adjust the budget to reflect the actual cash received.  The Board of Directors shall not permit deficit spending except in an emergency. (5-21-88, 5-21-11)

 

(Proposed)

 

A.  The Board of Directors shall prepare an annual budget to be presented to the membership at the annual meeting. Annual assessments shall be charged to each membership of the Association. In the event a member owns more than one improved property, which is occupied, whether the same is rented, occupied rent-free, such member shall pay an annual assessment for each such improved lot. Ownership of two or more vacant and unimproved lots shall not increase the number of annual assessments owed by the member. Annual assessments due from tenant members shall be the joint responsibility of the tenant-member and owner-member of such rental property and in the event of nonpayment by the tenant member, the same may be collected from the owning member by the Association in the same manner as collection of annual assessments generally. In the event that an annual budget is not adopted at an annual meeting, a special meeting shall be called, and a revised budget shall be submitted to the members for approval. The budget shall be mailed to all members with the call letter for the meeting. Approval of the budget by a majority of the memberships present and voting on this issue at the annual or special meeting shall set the annual assessment amount for that budget year. (5-21-88, 5-20-06, 5-21-11)

 

B. The Board of Directors shall review the budget on a quarterly basis, whereupon they may approve adjustments to reflect actual income and expenses. The Board of Directors shall not permit deficit spending except in an emergency. (5-21-88, 5-21-11, 5-18-13)

 

C. The Board of Directors may also adjust the member-approved budget for the following year based on unforeseen financial considerations associated with the current fiscal year and/or significant economic conditions.  Any such change shall not authorize an increase in annual member assessments for that period. (5-18-13)

Jim McCann: This was a change that was requested by the Finance Committee basically as a checks and balance for the board. It is something that the Finance Committee does now. It is something we look at on a monthly basis but there is a more in depth review done on a quarterly basis. States their goal was to ask that this be changed so that this would be something required to happen. Thinks it should be in the Holiday Times and on the website.

Jason Hicks: This just formalizes what we’re doing right now. It’s a better system and it’s more accurate.

Ray Garber 1822: I would agree at least the significant portion should be deleted. Discusses how and when budget reviews are done. I think it’s a much needed bylaw change.

Action: Board decides to strike the word “significant” and publish it in the Holiday Times and on the website.

 

Bylaw change unkempt property discussion on changes that need to be made.

 

Jason Hicks: The revision should cover vehicles, which is both land and water based, and that they be in a state where they can be used legally is the intent we’re going on here, and section two for the property, it should apply to all lots out here.

Jim McCann: States there is a house out here that Madison County has had to get involved with because it is so overgrown with weeds and shrubs and the only thing that is visible is the front door and the roof line. I think part of the comments and complaints we have heard from the membership is not just on people storing things on their lots but it’s also people who do not keep their lots/properties in good repair. We’ve had a member with one of the most complained about lots in Holiday Shores tell us that the rule doesn’t say my yard can’t look bad, it just says I can’t have certain things out. I think one of the things that we need to have as we move forward to change this unkempt property bylaw is a little more teeth so that comments like that can’t be thrown in our face in the future.

Discussion ensues…

Gerry Theodor 1346: Regarding that issue with buildings, structures and so forth, I think you should put some verbage in there that things should be maintained in a as built situation. That means that if they got a permit to build something a certain way, if the roof isn’t on the home anymore, it’s not in a as built situation. Suggests talking to their lawyer about not being able to go on people’s properties to check vehicle license plates and such. Feels it falls under “implied consent”. States that there is nothing currently they can do to people that for example, leave a blue tarp on their house for years.

David Decker: States there is something in the building rules and requirements that states they can go after them.

Jim McCann: States that maybe the Building Committee might want to change a few things and submit it to the board for approval.

Ray Garber 1822: Asks if they are going to cover situations such as people who have their flower pots out for the summer and then in fall, pile them up somewhere in their yard. I don’t think situations like that are being addressed here.

Glenn Dalton: States that as long as they are stacked neatly and a tarp is put over them, or if they are out of the view of the public in a storage shed or garage, we would have no problem at all with them.

Jim McCann: States yes it is and that is why we are trying to get “for future use” taken out.

Rich Hertel 679: If a person’s yard is too high, the grass, we have the right to go and cut their grass. What happens if we damage something while we do that? We’re liable? Asks if we exclude someone’s grass, do we have a legal right to go on their property to go look at something that maybe a violation. Do we have a legal right to trespass on their property?

Glenn Dalton: Yes, we are.

Jim McCann: Every home out here has an access easement that is granted to the Association that goes all the way around their property. It’s written into the deed of every single property out here in Holiday Shores. Except for lakefront. We can’t access lakefront.

Action: Tabled for now.

 

Open Floor

Jeanie Votruba 493: Asks if it would be easier to wait until next spring to put the buoys out instead of putting them in and then taking them out right away in a few months.

Glenn Dalton: States that he hopes they will be at full pool soon and therefore they would put them in due to their primary concern of safety.

Jim McCann moves to adjourn to executive session,  Don Austin seconds.

Meeting Adjourns at 8:45 p.m.