Beaver Lake Association Board Meeting Thursday, June 19, 2008 7:30 P.M. Meeting Place: Beaver Lake Association Clubhouse Meeting type: Regular Roll Call: Toombs, President Reineke, VP Goller, Treasurer Egelston, Secretary Garner Incontro Clawson 1. May Board Minutes: Motion (Garner) Second Incontro: Approve May Board Minutes. Motion Carried. 2. Committee and Task Force Reports: a. Lake, Habitat, and Fisheries Committee: Did not meet. Robin Garner gave a report on Zebra mussels. He stated that Zebra mussels are in the Missouri river and could spread to our lake. He said that any one using the river should clean their boat and live wells before bring their boats back to Beaver Lake. b. Utility Committee: Discussion on Mr. Fiscus’ motion to have the Board move forward with the Alternate Water Supply project. Further discussion transpired in New Business. Troy briefed the committee on the maintenance activities during and after the storm on 1 June. His work was critical to the maintenance of our water supply. GOOD SHOW! The Utility Committee minutes for June were approved. c. Finance Committee: Lou Soukup reported. (1) We are over Budget at this time because of an Insurance payment. This line item will level out over the rest of year. (2) Lou stated we need to refinance our dredge and road loan that is coming due. : Motion by Incontro to approve the new loan (replacing the note that comes due this month): Second by Reineke Motion carried Unanimous (3) Search for new CPA: Motion by Incontro to allow the finance committee to request bids for CPA services. Second by Reineke Motion carried Unanimous (4) Billing process: Lou Soukup requested we allow one of his classes in the fall to study the BLA billing processes, to include telephone or other surveys, and make findings and recommendations. Motion by Incontro to approve the request by Lou Soukup to use the Beaver Lake Billing Process as class project this coming fall. Garner asked for friendly motion to include refuse collection in the survey. Second by Garner. Motion carried Unanimous (5) Motion by Incontro to approve Finance Committee minutes. Second by Dave Goller. Motion carried Unanimous Appeals Committee: No meeting held. 1 Beaver Lake Association Board Meeting Thursday, June 19, 2008 7:30 P.M. d. Election Committee: Mrs. Braatz reported… The results of the May 18 Board Election: There were 580 proxies counted plus 158 votes cast on Election Day. The results were Tom Egelston--- 426 Dave Goller ---422 Dave Clawson ---420 Tom Fiscus---316 .Rick Croasdale ---316 Carl Meyers---279 Larry Wieczorek --24. Incontro: made a motion to approve Election committee minutes Second by Garner Motion carried Unanimous e. Property and Safety Committee: Rick Crosdale Reported that the committee was planning to survey all access lots and come up with a list of possibilities for improvements. Rick stated that two property committee members were elected to the Board of Directors (Tom Egelston and Dave Clawson) and one member left for family reasons. Dave Goller made a motion to send a letter of appreciation to the three members for their work on the committee Second by Ron Reineke Motion carried Unanimous. Motion by Incontro to approve Property minutes Second by Robin Garner. Motion carried Unanimous. f. Web Committee: The committee did not meet. Mr. Egelston, as representative to the Web Committee asked to Board to delegate publishing and editing responsibilities for the Web page to the Board Representative so updates could be made in a more timely fashion. Motion (Egelston): The Web Committee Board Representative act as editor/approver of changes to the web page. Publications guidelines are to be developed. The web site will not be used as a blog, and the commercial nature of the site will be “moderated” (later defined). Publications from the residents must be reviewed and approved by the Board prior to publishing. Motion carried. Unanimous g. Building Inspector: There was discussion about the number of new homes this year. New home construction is down. Since revenue from building permits is down, there will be a shortfall in this line of the revenue budget. The building inspector’s report was approved. h. Security: (1) Summary Report (2) Motion (Incontro) the Association spend up to one thousand dollars for an additional boat and personal to petrol the lake on the forth of July week end. Week end meaning the Third, Forth and Fifth of July. Second by Garner Motion carried. Unanimous 3. Old Business a. County Commissioner’s Meeting: Five of the Beaver Lake Board Of Directors attended the June 17, 2008 County Commissioner’s Meeting, where the County Commissioners tabled the BLA application for easement application for 120 days (to the Nov 2008 meeting) The Commissioner’s stated the County Engineers had 2 Beaver Lake Association Board Meeting Thursday, June 19, 2008 7:30 P.M. several problems with the existing plan, and that we are open to discuss these issues with there Engineers. b. Dredging Program Update: Troy provided an updated report on Beaver Lake Dredging. We have no dredge operator at the moment and are advertising for one. c. We submitted a bid on one dredging contract, but lost. Our bid was close, so we know we are competitive. 4. New Business: a. Mr. Fred Becker request for cul-de-sac modification: Mr. Becker asked the Board to change the blacktop paving of the road at his residence to conform to the culde-sac that was originally planned. The current layout causes access difficulty to his driveway. (See the request form). Motion: The association should accept the task of changing the cul-de-sac to meet the original engineering specifications during the next general roads project. Subsidiary Motion: Reineke to Table Motion: Second by Garner: Motion to table carried 4 to 2. b. Well Project: Al will schedule a meeting next week with the Engineering firm. Best day is Thursday, 26 June after 5:00 PM. We will have the opportunity to ask the engineers questions about their work. (1) Al requested we send our questions to the office so Troy could consolidate them and send them to Snyder and Associates. (2) Al asked Tom to put the background information for the well project on CD. (3) Al stated that most members are not against an alternate water supply but do not support filling the lake. The new members on the board need to be brought up to speed on the well project. (4) Al Toombs stated that the County has held up the well project because they do not like some parts of it, like putting the pipe in the road right of way and putting the pipe in the abutment of the dam. c. Request from Karen Kielian to have a band on the patio at the Clubhouse on August 30, 2008. The Board approves the request. d. Re-plat of Stanley Property: See request in packet. Discussion: After the approval, Mr. Stanley will still owe two dues payments for the properties. Motion: (Incontro): “The Board approves the request of Jeffrey Stanley, 1105 Marie Drive, Plattsmouth NE to replat Unit 4, Condoplex Association at Beaver Lake.” Motion Carried. Unanimous e. Dock at the ramp. The dock at the ramp that has had damage issues will be removed. Other options are being considered by the lake committee. f. DCF 124: Motion: (Egelston): I move that DCF 124, which states, “when a new Board comes on, they will not be able to overturn a decision that the previous Board has voted on and passed, for 1 year. Also, the new Board cannot write another DCF to overturn this DCF for a year” be rescinded. Second by Reineke Motion to Lay over (Incontro): Second by Garner In Favor: Incontro, Garner; Opposed: Reineke, Goller, Egelston, Clawson, Toombs. Motion failed. 5 to 2 Consideration of the Main Motion: Discussion: Garner objected stating that this was the first time that he had seen this motion. It did not come up in the 3 Beaver Lake Association Board Meeting Thursday, June 19, 2008 7:30 P.M. g. h. i. j. work session. Incontro echoed the remarks. Garner asked individual Board members about prior knowledge of this motion. Clawson stated he had no prior knowledge. Goller, Egelston and Reinke said they had no email activity. Reinke also stated that he had prior knowledge because he was vice-president. Incontro stated that he thought this was improper. Roll Call Vote: In Favor: Reineke, Clawson, Egelston, Goller, Toombs; Opposed: Incontro, Garner. Motion Carried 5 to 2 May 2008 Corporate Resolution: Motion: (Egelston): I move that the Corporate Resolution passed in the May 2008 Board meeting, specifically the following sentence, “Notwithstanding the foregoing, any act taken by the Board of Directors to reverse, alter or modify any previous act adopted by the Board of Directors, for which the Association has subsequently expended more than fifty-thousand dollars ($50,000) in furtherance of said act, shall only be effective upon the affirmative vote of at least five of seven members of the full Board of Directors”, be rescinded. Second by Reineke: Motion to Lay over (Incontro): Second by Garner, In Favor: Incontro, Garner; Opposed: Reineke, Goller, Egelston, Clawson, Toombs. Motion failed. 5 to 2 Consideration of the Main Motion: Discussion: Garner stated that his objections to this motion were the same as for the previous motion. Garner asked if this motion and the previous motion were legal. Tombs stated that he had email discussions with attorney and both were legal. Tombs agreed to forward the emails to Garner. Roll Call Vote: In Favor: Reineke, Clawson, Egelston, Goller, Toombs; Opposed: Incontro, Garner. Motion passes 5 to 2. Motion by Robin Garner to abolish work sessions and just have the third Thursday of the month Board meeting. Second by Incontro: Motion failed 5 to 2. Return the $600.00 assessment: Goller: Motion: “Beaver Lake Association return the $600.00 assessment for the well project to the lot owners.” Second (Egelston). Motion by Garner to table motion, Second by Incontro: Motion failed: 5 to 2 Roll Call vote on original motion: For: Egelston, Goller, Clawson. Against: Garner, Incontro, Reineke, and Toombs. Motion failed. 4 to 3 Discussion issues: Pro: The complete costs weren’t known therefore the assessment was premature. We should return the money. Con: We have already spent or obligated a significant amount of money. Scott Houston, Finance Committee, stated we spent or obligated $67,000 on the well project so far. The $600.00 assessment associated with the well project: Motion (Reineke): I move to return to anyone requesting a refund the amount over the $200.00 per lot paid to the well project assessment. Option 2 of the assessment letter said $200.00 was due by April 1, 2009. The $200 billing will be billed with the quarterly dues prior to April 2009. Second by Egelston: Motion by Incontro to lay over 100 days Second by Garner: Roll call vote. Against: Reineke, Goller, Clawson, Egelston, Toombs. For: Garner, Incontro. Motion failed 5 to 2. Roll call on Original Motion For: Reineke, Goller, Clawson,Egelston,Toombs Against Incontro , Garner Motion Passed 5 to 2. 4 Beaver Lake Association Board Meeting Thursday, June 19, 2008 7:30 P.M. k. Contract with Business/Operations Manager: Motion (Incontro): “I move the Board withdraw the contract offer.” Motion carried. Unanimous. 5. Adjournment: Motion (Incontro): “I move the meeting be adjourned.” Motion Carried. Unanimous Time: 9:30 PM. Thomas G. Egelston Secretary Attachments: Finance Committee Minutes Property and Safety Committee, June 2, 2008 Utility Committee, June 3, 2008 Building Inspector’s Report Beaver Lake Security Summary Jordan Surveying Company: Plat for Charles P. Jordan Beaver Lake Association Request Form, Mr. Fred Becker Note: Copies of the full text of the committee minutes are available on the Beaver Lake website. Go to the Library. (www.BeaverlakeNE.org). 5