Date: December 11, 2013
Present: Joe Nicoloff, Dave Decker, Jason Hicks, Michael Parker, Gary Kluckman, Darren Onwiler, and Alan Huelsmann
Quorum Present: Yes
Holishor Members Present 5
Glenn Dalton, Kat Schuetz and Angie Webster from Holishor Office
Meeting called to order at 7:30 PM
Pledge of Allegiance Recited
Minutes of November 13, 2013
Jason Hicks motions to approve, Michael Parker seconds.
Action: Motion carried.
Bills & Salaries
Alan Huelsmann motions to approve, Dave Decker seconds.
Action: Motion carried.
Profit Loss Budget
Transfers of Property
No Transfers. Informational Only
Read by Glenn Dalton
Read by Glenn Dalton
20 incidents reported and 2 citations written. Animal incidents 2, Vehicle incidents 1, Property incidents 1, Incidents involving persons 3, Alarm responses 8, Incidents on the Lake 0, and Other incidents 5.
Dave Decker motion to approved, Gary Kluckman seconds.
Action: Motion carried.
Building Committee report - The Building Committee cared for 7 items at the meetings on November 19, and December 3. 2 shed permits, 1 fence and a house permit were approved. 3 permits were closed.
Public Safety Committee Report – Read by Darrin Onwiler
Joe Nicoloff what is your opinion on concealed carry as it stands now after talking with the SheriffŐs Office.
Darren Onwiler after speaking with the SheriffŐs Office, we basically need to consult with our attorney as far as any legality if we put in place. They would only be able to enforce Illinois Criminal Code as it now stands. My opinion is after the posting of signs here at the ballroom that would be prudent and in good order considering the type of functions that are held here and with alcohol being present.
Glenn Dalton After speaking with Andy, our attorney, being private property we have the capability to totally restrict what is done, what our common properties are used for. We can go as far as restricting our roads if we desire to. Anything considered common property we can restrict those type of activities. As far as enforcement, that is what Darrin is referring to, Andy thinks we can follow through, but from our prospective we are going to follow up with Darrin because it is fine for an attorney to have the interpretation that yes we can do that, however when I have a Public Safety officer that is trying to enforce something at the moment, we need to know where we stand, and I donŐt believe we are ready to do that at this time.
Joe Nicoloff theoretically the conceal and carry would not be approved until April 2014 anyway. This is something that The Board is looking into and doing our due diligence to see if there is anything we need to do for the Association.
Jason Hicks since it does take time to get a rule through should we propose something in writing? Does the Board feel we need to get something started?
Joe Nicoloff you can propose something right now.
Letter from Cary Hunter, 1160 San Juan concerning two tickets for dead trees
Joe Nicoloff Mr. Hunter thinks that we are singling him out. However we sent everyone with a tree problem a letter in October of 2012. Ticket issued in April of 2013. I see no problem with the ticket.
Jason Hicks we normally read the letters submitted by members.
Michael Parker – reads letter from Cary Hunter.
Glenn Dalton the fines were issued, and you can see from the fines issued that it is under maintenance of property, and not the tree hazard issue. We are very aware of the tree hazard issue and the requirement that exists there. The trees that we are looking at, is not every dead tree within Holiday Shores. We are looking at those trees specifically like the one that Mr. Hunter has. That if we were to get a big ice storm or something of that nature, that could possibly fall on our road. When we get into those type of situations we want to be able to focus on the roads, not clearing dead trees from the road. We started it in October and give every member ample opportunity to take care of their dead trees. We did warning citations in April of 2013 and after we passed the maintenance of property bylaw at the annual meeting, we did issue citations and fines.
Letter from Jim Perotti, Head of Maintenance, retirement.
Joe Nicoloff reads letter from Jim Perotti and his impending retirement. Last day will be December 31, 2013.
Joe Nicoloff and on behalf of the Board of Directors, thanks Jim for everything he has done for the Association above and beyond what the job expected and called for.
Dave Decker you have been an asset to this community for a lot of years. You have been in many different roles, you stepped in for the Lake Manager when we were in a transition period, and I know Social Committee has leaned on you quite heavily for a number of events. We truly appreciate everything you have done.
Jerry Theodor (1346) Key role in the Building Committee as well.
Jason Hicks I donŐt know a committee that he has not been a part of. Social Committee, Ski Club, Garden Club, and Building Committee. Employee since 2002.
Glenn Dalton blood, sweat, tears, 24/7 that optimizes the commitment that Jim Perotti has given to Holiday Shores and this Community.
Joe Nicoloff as the community is aware of we have been persuing in court, people that have been delinquent on their dues. Just to give an update. So far we have 4 judgments in our favor for dues, court cost, and attorneyŐs fees. People have been coming in for payments arrangements, and encourages others to do so at this time because after the first of the year we will be perusing more of the people in arrears.
Glenn Dalton the only thing we have every expressed while seeking payment is that people communicate with us. We used to just file a lien and wait. That loop needed to be closed. Closing the loop means if the member that is pass due will not communicate with us, we need to take more stringent action.
Dave Decker all we want for people to do, is pay what they owe. They live out here, they are members, just pay your fair share. We have taken 4 cases to court and we have won four cases in court. So if anyone wonders if we have the right to charge or collect the money, I think that answers the question.
Covenant Amendment Approval update – 601 Signed amendments, need additional 575 amendments to pass.
Prohibited Activities Rule
All wake, teak or similar surfing is prohibited
Jason Hicks is it the intent of the Board to replace the existing rule or is this in addition to. We had some suggestions from committees to break out the existing in to three separate.
Joe Nicoloff this is an additional rule. Committees suggested to break the speed limit from the wake rule, this was a separate rule.
Dave Decker this was a separate standalone rule, this was not designed to replace anything as indicated.
Jason Hicks when this became publicized in the Holiday Times and on the website, there was some questions on what some of these activities were, should there be a definition attached.
Dave Decker doesnŐt believe you would put a definition of Ňteak surfingÓ within the rule.
Roger Rawson (1851) what is the purpose of this rule?
Joe Nicoloff to prohibit those activities, as recommended.
Joe Nicoloff because of the problems they cause with wakes.
Dave Decker to perform these activities you must make an exaggerated wake.
Roger Rawson (1851) DonŐt we have a rule about excessive wake, and it covers everything to do with excessive wake, why are you compounding, because there are some boats out here that could not make an excessive wake and the kids could still get out there and do these activities.
Joe Nicoloff we are going by committee recommendations.
Jason Hicks the reason this was written is in response to the membership uprising after the existing rule was passed, because of the excessive wake, exaggerated wake. So the Board took action on that, follow up action, and tried to make the adjustments that were more acceptable that would deal with the allowance of as many water sports activities as possible while reducing the potential for exaggerate wake, or excessive wake. So that is kind of where this came up. Your points and arguments are very valid because that is the reason the existing rule was written the way it was. It was not because of the activity itself.
Darren Onwiler this came about when the existing excessive wake rule was put in place there was perceived to be a lot of subjectivity of what was excessive. This came about in part after discussion within the committee, and came as a recommendation and that this would take away some of that subjectivity.
Jerry Theodor (1346) The excessive wake rule was what everyone came up here and was opposed too, now they would love to have it. They talked the board into reopening this discussion, now they are dissatisfied with the outcome. I want to explain a little why the committees made the recommendations they did. We received some studies, such as the Indiana Department of Natural Resources, on wake action, wave action and the forces that it imposes on seawalls and other structures. The conclusion was that wake surfing in the normal attitude of doing it, you need to be 300 to 600 ft from shore to keep from damaging it. We do not have any place on our lake that has that distance. The Committees took those studies and determined that our lake is not big enough for wake surfing. When we also looked at other lake communities almost all of them have banned wake surfing. As one of the members who attends almost every board meeting, sick and tire of hearing about, just vote on it.
New proposed rule
All wake surfing, teak surfing or similar surfing is prohibited
Dave Decker motions to approve rule as amended, Darren Onwiler seconds
Action: Dave Decker, Darrin Onwiler, Alan Hueslmann, Micheal Parker, Gary Kluckman yes.
Jason Hicks votes no
2014 Budget Approval
Jason Hicks if you look at the overall income you will note about a $40,000 increase that is the special assessments that was approved. Holiday Times, employee insurance, and legal fees expenses are up. The Road budget has been cut down by about $20K.
Glenn Dalton just a comment that the special assessment is totally dedicated to north property loan.
Jason Hicks makes motion to approve revised 2014 budget, Dave Decker seconds
Action: Motion carried.
Beacon Inn Closing
Joe Nicoloff the Board has received a letter from the Beacon Inn. The Beacon Inn will be ceasing operation as of January 1, 2014
Nominating Committee Appointment
Joe Nicoloff we will have three board positions open at this annual meeting. Right now we have Jeanine Votruba who is willing to be head of the nominating committee.
Dave Decker Jeanine Voturba could use some help with this so if anyone wants to volunteer please contact the office.
Dave Decker motions to approve appointment, Jason Hicks seconds
Action: Motion carried.
Reserve Expenditures for next year
Jason Hicks makes a motion to automatically authorize the purchase of fully funded reserve items for the 2014 year as those items are needed. Dave Decker seconds
Action: Motion carried
Dave Decker the reason we do this each year, is according to the bylaws for us to expend monies from the reserves that has to be done 30 to 60 days in advance identifying that we are going to expend those funds. We making that approval, so that when the times comes and if we decide that we need to make a purchase we are following our bylaws.
Dave Decker just a comment the Social Committee continues to need volunteers and membership that are willing to help. Recently they put on the Breakfast with Santa, earlier this year there was a concern that this event wouldnŐt happen. Appreciate the folks that did step forward and helped with this event.
Dave Decker makes a motion to move to executive session, Michael Parker seconds, motion carried.
Meeting adjourned at 9:40 p.m.
Meeting minutes submitted by Michael Parker.