LOWA Board of Directors Meeting Minutes for 2008

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
January 5, 2008, 10:00 a.m, Community Center

1. With a quorum present, President Rucker called the meeting to order at 8:00 a.m. in the Community Center.

2. Executive Session: 
    Motion by Flynn, second by Kay, passed unanimously, to enter into Executive Session at 8:01 a.m.
    Motion by Wilson, second by Kay, passed unanimously, to enter into Open Session at 10:05 a.m., and to affirm that the Board met earlier today in Executive Session and also on December 19, 2007 with the Woods Center audit group, and only discussed topics regarding personal, personnel, contractual and/or legal matters.

3. Approval of Agenda:
    Motion by Sheridan, second by Williams, to approve the Agenda. Motion by Flynn, second by Kay, to amend the agenda to add Item 15.2: “Consideration of Funding in the 2008 Budget for a Complete Audit of Lake of the Woods Association”.  Yea: Sheridan, Williams, Wilson, Kay and Flynn.  Abstain: Buttimer.  Motion passed. Vote on the original motion as amended was unanimous.

4. Approval of Minutes of December 1, 2007.
    Motion by Williams, second by Buttimer, passed unanimously, to approve the minutes of December 1, 2007.

5. Report of Orange County District 5 Supervisor:  Supervisor Lee Frame had previously notified the President and Board that he would be unable to attend due to a conflict with official County business.                                                                                                                                            

6. Report of Orange County Sheriff’s Department:  Chief Deputy Tim Murphy reported the statistics for the Sheriff’s Department for all of 2007.  Calls for service in the county were 25,871; warrants served 826, civil papers 11,242; transports 293; traffic summonses 1689.  Calls from inside LOW were 674; civil papers 861.

He reported that two deputies graduated from the Fredericksburg Police Academy in December, and that two new deputies, already fully certified, would join the Department on January 13, thereby bringing the Department to full staff status.  Sheriff Amos has asked the Board of Supervisors for three new dispatcher positions. There is a proposal to establish a traffic safety division in the Department, requiring three additional staff; anticipated revenue from this source is expected to more than pay for the cost of the operation.

Regarding the recent vandalism in LOW (spray painting, etc.), Murphy reported that three juveniles, all LOW residents, have been arrested in connection with nine incidents. A breaking and entering incident at Patriot Paving’s facilities on June 27, 2004 has now been solved through DNA evidence, and two individuals have been indicted.  

7. Report from Chief of Security:

Chief George Dodson reported that the vandalism cases noted above were solved with  the assistance of one of his staff, who supplied important information. He reported that during the month of December, there were several juvenile incidents, none serious; 2 auto accidents, 4 domestic disputes, eleven 911 calls, all checked out OK.  There were 10 motorist assists, 3 welfare checks, 4 animal complaints, nine alarms (all checked out OK) and several vandalisms but none serious. 

Forty-four summonses were issued in December, and there were 123 calls for service.  
   
8. Report from LOW Fire & Rescue:  There was no report from LOW Volunteer Fire and Rescue.

9. Report from Orange County School Board:  Newly-elected District 5 School Board member Jim Hopkins reported that the new School Board will hold their first official workshop on January 8 at 3 pm. and the regular monthly meeting that evening at 7 pm. A Teacher’s Work Day is proposed for January 18.  He also said that the 2008/09 school year is proposed to begin on August 12, with teachers reporting on August 1.  He hopes this proposal does not get approved.  An article on the school budget will appear in the Lake Currentsin February. 

A report from the architects of the new middle school will be available on his internet site at Jimhopkins.com. Concerns have been expressed by County residents about the electromagnetic field from power lines at the proposed new school site; he reported that all buildings will be at least 400 feet from the lines. In response to a question from Director Kay as to whether consideration had been given, while the new school is in the design stage, to including a swimming pool, Hopkins said that a proposal to include an auditorium at the school had been discarded for financial reasons, so a pool would be unlikely.

10. Reports of Officers:
    President Rucker said that a meeting will be held on January 9 with SmartStreet, one of the two financial institutions under consideration for the future collection of assessments; the results of this meeting will be discussed by the Board in open session at the Board Workshop on January 16.

The Grand Opening of the new Woods Center will take place at 2:00 p.m. on January 5. The Fareways Grill at the Center is open for breakfast and lunch, 7 days a week.

The second Coffee and Conversation session, where LOW members can meet with two board members in an informal setting in the Presidents Room at the Clubhouse, will be held on Friday, January 18 from 9:00 – 10:30 a.m.

Motion by Buttimer, second by Kay, passed unanimously, to bar Shiloh Akin, Ricardo Acevedo, Lourdes Bohannon, Jamie Casey, Vanessa Kivlehan, Selma Kossol, Selbin Molina, Melissa Motley, Christine Stewart and Linda Szymkowiak from LOW until their fines are paid in full.

Motion by Buttimer, second by Williams, passed unanimously, to suspend the driving privileges within LOW of Roy Anderson, Richard Declouette, Bruno Korinek, Gay Michaeles, Jennifer Riccardi, and one unnamed juvenile for a period of 30 days.

Motion by Buttimer, second by Kay, passed unanimously, to suspend the driving privileges within LOW of two unnamed juveniles for six months, and after they show proof of a valid driver’s license.

Motion by Buttimer, second by Kay, passed unanimously, to suspend the driving privileges within LOW of Joseph Dannible, Jr. and Hank May for 60 days.

Motion by Sheridan, second by Kay, to approve the following Committee personnel changes: (D-08-01). 

Motion by Wilson, second by Kay, to substitute Henry Boggs Wright for Nick Duy for the Finance Committee, in accordance with the date of appointment to the Finance Committee. Yea: Williams, Wilson, Kay and Flynn. Nay: Sheridan and Buttimer.  Motion passed.  Vote on the original motion as amended was unanimous.

Treasurer Buttimer’s Report for one month and seven months ending November 30, 2007 is attached as (D-08-02).

Briefly, the operating budget shows a positive month-to-date variance of $70,873, and a year-to-date positive variance of $232,991 for the seven months. Some $64,600 of the positive variance is attributable to the Clubhouse. The Treasurer cautioned that this figure reflects seasonal fluctuations that are to be expected at this time of the year, and therefore, year-end results will likely not be as dramatic.

11. Report of General Manager:  John Bailey reported that the Woods Center opens later today at 2 pm, where member discounts will be offered on selected merchandise and refreshments will be available.

The Security RFP has received only a few responses to study and evaluate our current security contract.  Deadline for proposal submittals is January 31.  A consultant is expected to be identified by February 20. 

Dewberry and Davis is working on the application of the FEMA risk assessment profiling tool for the dams.  He explained the lack of funds available on the state level for upgrading of dams. 

A. Morton Thomas Engineering is now in the process of applying the revised hydrology study to the alternative spillway proposal, which could reduce dam modification costs considerably. 

The State Water and Soil Conservation Board meets again on January 17 or February 1 where safety regulations may possibly be discussed.

Collections Attorney Henry Carter has filed 96 liens on LOW property owners due to outstanding unpaid bills or assessments; 33 of these have been paid and released, and 23 of these accounts are in foreclosure or bankruptcy.  

12. Report of Legal Counsel:   Mr. Wilkinson had nothing new to report.

13. Committee Reports:  Dave McKee, Chair of the Planning Committee, reported that the committee is currently gathering input for the 2008 annual survey questions. Since this was an “even” year, the focus of the survey will be on opinions, rather than demographic data, which are collected in the “odd” years.  Questions will be reviewed and approved by the Board prior to being incorporated in the Survey.

14. UNFINISHED BUSINESS

14.1  Consideration of Changes to Bylaw Article VI: Financial Management—Financing Policy, Regarding Expired Capital. (Second Reading) (D-08-03)
  Motion by Buttimer, second by Kay, to accept the changes made to Bylaw Article VI: “Financial Management—Financing Policy Regarding Expired Capital.”
  Motion by Sheridan, second by Wilson, passed unanimously, to amend the title of Article VI, Section B to “Financial Management—Expiration of Approved Funding for Capital Projects.”  Vote on the original motion as amended was unanimous.

15. NEW BUSINESS

15.1 Consideration of Request from Equestrian Center Committee to Increase Boarding Rates.  (D-08-04)
    Motion by Kay, second by Williams, passed unanimously, to accept the request of the Equestrian Committee to increase boarding rates.

15.2  Consideration of Funding in 2008 Budget for a Complete Audit of Lake of the Woods Association.  (D-08-05)
   After considerable discussion, motion by Buttimer, second by Kay, passed unanimously, that the Board of Directors direct the General Manager to present a proposal for a management process audit, with proposed funding, at the Board Workshop scheduled on Wednesday, February 20, 2008.

16. Scheduled Meetings:
      Board Workshop: Wednesday, January 16, 2008 at 2:00 p.m. in the lower level of the Clubhouse. Agenda: 1) 2008 budget discussion; 2) report on meeting with SmartStreet concerning assessment payments.
      Monthly Board Meeting: Saturday, February 2, 2008 at 10:00 a.m., in the Community Center.
     
17. Member Comments: 
Secretary Williams urged members to order a copy of the LOWA 40th Anniversary DVD.

Comments were heard from other members on the following: 1) inconsistencies in financial reports as published in recent editions of Lake Currents; 2) proposed tariff of golf fees should be recalculated; 3) compliments on the work of LOW Maintenance crews and on the Woods Center; 4) identity of the new member of the Orange County Planning Commission; 5) concern about the deposit of large LOW sums with one financial institution.

18. Adjournment:
      Motion by Kay, second by Williams, passed unanimously, to adjourn the meeting at 12:14 p.m.

Peter Williams, LOWA Secretary
 

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
January 16, 2008, 4:30 p.m, Clubhouse

1. With a quorum present, President Rucker called the meeting to order at 4:33  p.m. in the Clubhouse.

2.  Open Session
     Motion by Buttimer, second by Wilson, passed unanimously, to enter into Open Session at 4:33 p.m.

3. Consideration of Semi-annual Payment schedule for the 2008 LOWA Annual Assessment Fees.
    Motion by Buttimer, second by Williams, passed unanimously, to provide a semi-annual payment option for the LOWA 2008 annual assessment, provided that the Board of Directors approves the Bylaw on “Optional Assessment Payment Policy” proposed at its November, 2007 meeting.  A surcharge of 7 percent on the established assessment fee shall be added, with the total to be paid in two equal installments due May 1, 2008 and November 1, 2008.  This periodic payment option does not apply to tenant fees or amenity fees.  (D-08-06)

4. Motion by Flynn, to consider outsourcing collection of annual assessments, failed for lack of a second.

5. Adjournment:  President Rucker adjourned the meeting at 4:37 p.m.

Peter Williams, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
February 2, 2008
10:00 a.m, Community Center

1. With a quorum present, President Rucker called the meeting to order at 8:00 a.m. in the Community Center.

2. Executive Session: 
    Motion by Williams, second by Kay, passed unanimously, to enter into Executive Session at  8:01 a.m.
    Motion by Flynn, second by Williams, passed unanimously, to enter into Open Session at 10:06 a.m., and to affirm that the Board met earlier today in Executive Session and only discussed topics regarding personal, personnel, contractual and/or legal matters.

3. Approval of Agenda:    Motion by Kay, second by Sheridan, passed unanimously, to approve the Agenda as submitted.  

4. Approval of Minutes of January 5, 2008 and January 16, 2008.
    Motion by Williams, second by Kay, passed unanimously, to approve the minutes of January 5, 2008.
    Motion by Sheridan, second by Buttimer, passed unanimously, to approve the minutes of January 16, 2008.

5. Report of Orange County District 5 Supervisor:  Supervisor Lee Frame was unable to attend due to a prior committment, but plans to be present at future meetings                                                                                                                                                

6. Report of Orange County Sheriff’s Department:  Sheriff Amos reported that in January and year-to-date, there were 2421 calls for service in the County, and 61 in LOW.  There were 75 warrants served, 993 civil papers (76 in LOW), 14 transports, and 96 summonses issued.

He reported on several incidents here in LOW during January. A broken window at the Clubhouse with the theft of alcohol has resulted in the arrest of one adult and four other juveniles who are expected to be charged. A domestic dispute resulted in one man being shot after he attacked the responding officer. The State Police are handling this case. 

Another domestic dispute on Sayler’s Creek resulted in the arrest of one male. A fire in the bathroom at Sweetbriar Park resulted in one juvenile being arrested for arson. A suspect was arrested in LOW for possession of stolen copper materials following a report of suspicious activity at a construction site in Somerset.   A Citizens Police Academy course will start in March at LOW for anyone who is interested.  Details will be published in the Lake Currents.

7. Report from Chief of Security:  Chief George Dodson reported that there were 84 summonses issued and 93 complaints/calls for service received by his office during the month of January.  Other than the incidents already related by the Sheriff, there was no unusual or increased level of activity during the month.  There were several disputes, soliciting, a school bus accident with no injuries, four emergency assists, a house fire on Harrison Circle, and three welfare checks.  There were nine alarm calls, one 911 hang-up, and nine animal complaints.

Residents are reminded to call 911 and ask for Animal Control when reporting animal complaints, especially loose or barking dogs.  This type of incident is not a normal part of LOW Security responsibilities, although they will respond if there is an urgent or emergency situation associated with the incident.  
   
8. Report from LOW Fire & Rescue:  No report.

9. Report from Orange County School Board: School Board representative Jim Hopkins spoke about a letter that was sent to residents by a county activist group which expressed concern about the proximity of power lines near the proposed new Middle School site. Fortunately, this letter did not appear to have any effect on attendance at the recent school board meeting.

He noted that last Thursday there was a joint meeting of the School Board with the Orange County Supervisors to explain the school budget process. This turned out to be a very civilized and respectful meeting, setting a good foundation for cooperation among the members in meeting common goals. The Middle School plans remain on track and are going forward. Mr. Hopkins shared Orange County’s continuing concerns that teacher salaries remain significantly low when compared to adjoining counties, and we need to continue to slowly raise the salary base of educators to become competitive. 

10. Reports of Officers:  President Rucker reported that there are two new studies underway: 1) A study by the Finance Committee to evaluate/simplify our amenity fee schedule, and; 2) an assignment to an Ad Hoc group to develop options for future repairs/upgrades to our Clubhouse pool and Fitness Center.

He thanked the Committee members and staff for the hard work and expertise which went into preparation of the 2008 Budget, which will be considered today by the Board.

He reported that about 20 members attended the most recent Coffee and Conversation
meeting with Board members on January 18.  Another one is planned in March, possibly in the evening to accommodate working members.

   Motion by Buttimer, second by Kay, passed unanimously, to bar Darnell Black, Robert Euridge, Shandell Green, James May, Robert Seese, Kathryn Thurston, Ashley Wince and Garland Winnegan from LOW until their fines are paid in full.  Also, entry of Absolute Security Inc. is barred until their employees’ (Euridge, Wince and Winnegan) fines are paid in full.
   Motion by Buttimer, second by Williams, passed unanimously, to reduce the fine of John Klimchak to $50.
   Motion by Buttimer, second by Kay, passed unanimously, to suspend the driving privileges within LOW of Samantha Washington for 30 days.
   Motion by Buttimer, second by Kay, passed unanimously, to suspend the driving privileges within LOW of Edward Graham and Edward Scott for 60 days.
   Motion by Buttimer, second by Williams, to suspend the driving privileges within LOWof Shawn Summers for 60 days.
  
   Motion by Sheridan, second by Kay, passed unanimously, to approve the following Committee changes: (D-08-07)

    Director Sheridan updated members on the status of our two unfilled management positions, Assistant General Manager and the Activities and Wellness Manager. The AGM position has been reviewed and responsibilities have been redefined, expanding responsibilities to include oversight of almost all amenities.  The A&W Manager duties have been reassigned, some to the AGM and others to a newly named position of Manager of Systems, Human Resources and Analysis.  Expansion of AGM duties will allow the GM to focus on increasing dam upgrade issues.

Treasurer Buttimer’s Report for one month and eight months ending December 31, 2007 is attached as (D-08-08). 

Briefly, the operating budget shows a positive month-to-date variance of $9,710, and a year-to-date positive variance of $242,702.
   
11. Report of General Manager: GM John Bailey reported that the Soil and Water Conservation Board met yesterday and adopted revisions to the State Dam Safety Regulations, which could help us in some ways.  He noted that the General Assembly House Bill 837 deals with issues of inundation zone mapping and payments of upgrade costs to dam owners when homes are built downstream, and passage of this bill is a possibility.  This is another State action that could affect us in several ways. 

Mr. Bailey announced that former Board member, Treasurer and Finance Committee Chair Ted Wessel has been appointed as the Assistant General Manager of Operations; and Maria Levering, who also has extensive GM experience with an upscale HOA in California, will be our new Systems, Human Resources and Analysis Manager.  Job responsibilities of the former Activities and Wellness Director position will be reassigned to these two management positions.

12. Report of Legal Counsel: Mr. Wilkinson had nothing new to report.

13. Committee Reports:  There were no committee reports.

14. UNFINISHED BUSINESS

14.1  Consideration of Addition of Bylaw Article VI: Financial Management—Optional Assessment Payment Policy. (Second Reading) (D-08-09)
   Motion by Buttimer, second by Sheridan, passed unanimously, to approve the addition of Bylaw Article VI: Financial Management—Optional Assessment Payment Policy.

15. NEW BUSINESS

15.1 Consideration of Management Systems and Procedures Contract with “The Potomack Group.” (D-08-10)
   Motion by Flynn, second by Kay, passed unanimously, to authorize the General Manager to enter into a contract with “The Potomack Group” in an amount not to exceed $6,500, for the completion of a gap assessment of quality management systems, policies and procedures.

15.2  Consideration of the 2008 Budget.  (D-08-11)
         Motion by Sheridan, second by Williams, to approve the proposed Fiscal Year 2008/09 Budget.

Amendments to the 2008 Budget were proposed as follows:

1. Motion by Kay, second by Flynn, to amend the budget to remove from New Capital the speed display devices for $9000.  Vote: Yea: Kay, Flynn, Buttimer and Wilson.  Nay: Williams and Sheridan.  Motion passed 4 to 2.

2.  Motion by Kay, second by Wilson, to amend the budget to remove from New Capital the Spotswood Tot-Lot equipment in the amount of $16,000.  Yea: Kay, Flynn, Wilson and Williams. Nay: Buttimer and Sheridan. Motion passed 4 to 2.

3.  Motion by Sheridan, second by Buttimer, passed unanimously, to amend the budget to decrease to $25,000 in New Capital the amount allocated for Pool/Fitness Design.

4.  Motion by Kay, second by Flynn, to increase New Capital and Replacement Capital by $275,000 for a replacement stable/boarding barn, a new kennel and covered riding ring.
    Motion by Flynn, second by Kay, to amend the motion to increase New Capital and Replacement Capital by $200,000, for a replacement stable/boarding barn only.  Nay: Williams, Sheridan, Wilson and Buttimer.  Yea: Flynn and Kay.  Motion failed 4 to 2.
   Vote on the original motion: Yea: Kay.  Nay:  Buttimer, Wilson, Flynn, Williams and Sheridan.  The motion failed 5 to 1.

5.  Motion by Flynn, second by Sheridan, passed unanimously, to amend the budget to change road fees for additions over 120 sq. ft. and new construction from $4.15/sf to $3.40/sf.

6.  Motion by Sheridan, second by Flynn, passed unanimously, to amend the budget to eliminate the increase in demolition revenue.

7.  Motion by Williams, second by Kay, passed unanimously, to amend the budget to increase the fee for family guest passes from $11 to $12. 

8. Motion by Sheridan, second by Williams, passed unanimously, to amend the budget to increase Communications income by $5000 to a total of $159,530.

9.  Motion by Sheridan, second by Williams, passed unanimously, to amend the budget to decrease medical benefits by $25,000, to $310,712.

10.  Motion by Sheridan, second by Flynn, passed unanimously, to amend the budget to decrease 401K expense by $8000 to $31,600, based on actual experience of enrollment.

11.  Motion by Flynn, second by Kay, passed unanimously, to amend the budget to increase bad debt expense to $18,000.

12.  Motion by Williams, second by Sheridan, passed unanimously, to amend the budget to set the RV/Boat Storage Fee at $375.  (A discussion concerning the need to eliminate the storage of commercial and passenger vehicles at the boat storage site after May 1 will be taken up by the Board at a later date.)

13. Motion by Buttimer, second by Kay, to amend the budget to decrease the fees for RV Storage Lot A from $415 to $315, and Lot B from $195 to $130.  Vote on the motion: Yea: Buttimer, Kay, Flynn, Williams and Sheridan.  Nay: Wilson.  Motion passed 5 to 1.

14.  Motion by Williams, second by Kay, to amend the budget to increase pool fees by $2,448 by increasing the Daily Member Fee from $5 to $6, adding a Daily Guest Fee of $7, and increasing Short Term Passes from $20 to $24.  Vote on the motion: Yea: Williams, Kay, Flynn and Buttimer.  Nay: Wilson and Sheridan.  Vote passed 4 to 2.

15.  Motion by Buttimer, second by Sheridan, passed unanimously, to amend the budget to increase the Teen Center ID Fee to $25. 

16.  Motion by Kay, second by Flynn, to amend the budget to increase Campground Annual Fees from $675 to $775; monthly fees from $200 to $350; weekly fees from $75 to $150; and daily fees from $16 to $25. Vote on the motion: Yea: Flynn and Kay.  Nay: Sheridan, Buttimer, Williams and Wilson.  Motion failed 4 to 2.

17.  Motion by Wilson, second by Williams, passed unanimously, to amend the budget to increase annual tennis fees to $60, with an allowance for supplying non-duplicating keys to annual members.

18.  Motion by Williams, second by Sheridan, passed unanimously, to amend the Lakes Budget by reducing it by $1300 for contractual services for beaver control.

19.  Motion by Buttimer, second by Williams, passed unanimously, to amend the Equestrian Budget by deleting the newly-created horse trading expense of $6,500.

20.  Motion by Sheridan, second by Flynn, passed unanimously, to amend the Pro/Lowgo Shop budget by an increase of $17,000 in golf multi-play income to recognize the change in the Play Pass from 25-play to 35-play.

21.  Motion by Sheridan, second by Kay, to amend the budget to eliminate the 3 percent increase in Annual Golf Membership Fees.  Vote on the motion: Yea: Buttimer, Sheridan and Williams.  Nay: Kay, Flynn and Wilson.  President Rucker broke the tie by voting “nay.”  Motion failed 4 to 3. 

22.  Motion by Buttimer, second by Kay, passed unanimously, to amend the budget by moving the $2,000 Fareways (Snack Bar) room rent to the Fareways budget. 

23.  Motion by Sheridan, second by Williams, to amend the budget by increasing the total salary figure by $21,500.  Vote on the motion:  Yea: Wilson, Sheridan, Williams and Buttimer.  Nay: Kay and Flynn.  Motion passed 4 to 2.

24. Motion by Kay, second by Flynn, to amend the budget by a total of $58,240 to increase the Security Contract by one equivalent employee.  Vote on the motion: Yea: Flynn, Wilson and Kay.  Nay: Buttimer, Williams and Sheridan.  President Rucker broke the tie by voting “nay”. Motion failed 4 to 3. 

25.  Motion by Sheridan, second by Buttimer, to amend the budget by $27,000 to restore the Contingency Fund to a full 1 percent, as per budget guidelines.  Vote on the motion: Yea: Williams, Wilson, Buttimer, Sheridan and Kay.  Nay: Flynn.  Motion passed 5 to 1.

26.  Motion by Kay, second by Flynn, to amend the budget by reducing the telephone line expense in the operating budget by $12,000.  Vote on the motion: Yea: Kay, Wilson and Flynn.  Nay: Sheridan, Buttimer and Williams.  President Rucker broke the tie by voting “nay.”  The motion failed 4 to 3. 

27.  Motion by Flynn, second by Kay, to hold salary increases to 4 percent, which would take our total salary payroll to $2,977,892, not the proposed $3,128,000.  Vote on the motion: Yea: Kay and Flynn.  Nay: Buttimer, Williams, Sheridan and Wilson.  Motion failed 4 to 2.

   Motion by Wilson, second by Williams, passed unanimously, to approve the Fiscal Year 2008/09 Budget as amended. 
   Motion by Buttimer, second by Kay, passed unanimously, to set the FY 2008/09 LOWA Assessment at $1127, a 5.6% increase.     

16. Scheduled Meetings:
      Board Workshop: Wednesday, February 20, 2008 at 2:00 p.m. in the lower level of the Clubhouse.  Agenda: 1) Update on magnetic member cards; 2) Report on Security Contract status.
      Monthly Board Meeting: Saturday, March 1, 2008 at 10:00 a.m., in the Community Center.
     
17. Member Comments:  One member expressed a series of disappointments on the cost overrun at the Woods Center and the length of time the cost review is taking, and provided opinions on various aspects of the Woods Center, Equestrian Center and Snack Bar facilities.  A member noted outdoor lighting is needed at the Woods Center to facilitate night access (installation is in progress). 

18. Adjournment:
      Motion by Kay, second by Williams, passed unanimously, to adjourn the meeting at 12:48 p.m.

                                                                           Peter Williams, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
March 1, 2008, 10:00 a.m, Community Center

1. With a quorum present, President Rucker called the meeting to order at 8:00 a.m. in the Community Center.

2. Executive Session: 
Motion by Wilson, second by Williams, passed unanimously, to enter into Executive Session at 8: 01 a.m.
Motion by Flynn, second by Kay, passed unanimously, to enter into Open Session at 10: 06 a.m., and to affirm that the Board met earlier today in Executive Session and only discussed topics regarding personal, personnel, contractual and/or legal matters.

3. Approval of Agenda: Motion by Kay, second by Wilson, passed unanimously, to approve the Agenda with the addition of Item 15.6: Consideration of a Survey Contract on the Goodwin, Leach and 9.9 properties.

4. Approval of Minutes of February 2, 2008.
Motion by Williams, second by Sheridan, passed unanimously, to approve the minutes of February 2, 2008.
Motion by Buttimer, second by Williams, passed unanimously, to bar Janelle Penrose from LOW until her fine is paid in full.
Motion by Buttimer, second by Kay, passed unanimously, to bar the following individuals from LOW: Mary O’Brien (Maher), Robert Tommy Maher, Garrett Maher and Kimberly O’Brien.

5. Report of Orange County District 5 Supervisor:  Supervisor Lee Frame reported that the Supervisors will be working more closely with the Virginia Association of Counties and is now communicating regularly with Senators Houck and Bell, and Delegate Scott
relative to issues such as the dam, tool tax, proposed new reassessment regulations and proffers. Such legislative proposals have all been shelved for the time being.

He noted his research did not indicate any harmful effects from the choice of the new middle school site adjacent to HV power lines. Last week the BoS reviewed the Comprehensive Plan for the County and the subdivision ordinance. There will be public hearings on these topics in the near future. 
He announced Jerry Hubble has been reappointed to the Airport Commission. Nigel Goodwin has taken the vacant seat on the Planning Commission.
The County administrator’s current proposal is for a 9-cent tax increase on real estate assessment values, and the Supervisors are already working on ways to reduce this before the rate is finalized. A copy of the proposed budget will be in the GM’s hands if anyone would like to look at it. 

6. Report of Orange County Sheriff’s Department:  Sheriff Amos reported that in February there were 2500 calls for service in the county, and 63 in LOW. There were 63 warrants served, 866 civil papers (90 in LOW), 15 transports, and 165 summonses issued.

Sheriff Amos reported that they have arrested a Maryland man in connection with the robbery at the Wilderness Pharmacy, with possibly another arrest to come in the near future pending DNA results.

The Citizen’s Police Academy course is scheduled to start on March 18, with classes to be held at LOW. This course is free to interested members and applications are available at the Holcomb Building. 

7. Report from Chief of Security:  Chief George Dodson reported that in February there were six animal complaints, with one summons issued. There were three auto vandalisms reported, seven 911 hang-ups and four domestic disputes. They responded early to one structural fire. A storm caused a number of downed trees and power lines due to high winds. A large container storing lawn chairs was found floating in the lake. There were 76 summonses issued and 111 calls for service during the month. 

8. Report from LOW Fire & Rescue:  Charlie Bocook reported that in February there were 51 calls to the Fire Department, which included 6 structural fires, 2 chimney fires, 11 motor vehicle accidents, 6 EMS assists and 11 brush fires. There were 96 calls for Rescue; 49 within LOW, 46 in the rest of the County and one in Culpeper. Storms with high winds contributed to the increase in brush fires.
He thanked Lee Frame for his two years of service as Captain of the Rescue Squad. The Annual Awards Banquet will be on March 8, at which time new officers will be installed.

Joe Argenzio will be the new President of LOW Volunteer Fire and Rescue. Mike Downs will be the new Chief of Rescue.

The old firehouse is being converted into a combined Rescue Station and training facility. The building is currently receiving a facelift. A new ambulance and aerial ladder fire truck will be added to the equipment this year. All 13 students took the EMS State exam for certification last week; results are still pending. 
The annual fund drive will begin again in March.

9. Report from Orange County School Board:  School Board Representative Jim Hopkins reported that the School Board has asked for a 10.5% increase in operational funds for the coming year. He noted that the future of the county is closely connected to the quality of the schools. Maintenance, classroom space and teacher salaries remain a priority. The construction of the new middle school is on schedule to be built, with architectural plans due this June for a January, 2010 opening.     

10. Reports of Officers:  President Rucker welcomed the new Operations Manager, Ted Wessel. He noted that Maria Levering will not be joining us as Systems and Human Resource Manager.
The next Coffee and Conversation with the Board is set for Saturday, March 22 at 9 a.m. at the Clubhouse.

Motion by Sheridan, second by Kay, passed unanimously, to approve the following Committee changes: (D-08-12)

Treasurer Buttimer’s Report for the one-month and nine months ending January 31, 2008 is attached as (D-08-13). 

11. Report of General Manager:  John Bailey reported that an attendant is needed before the Skate Spot can re-open for use. 
The gap assessment review is essentially completed, pending a report shortly. There will be new membership card information in the April assessment billing package.

The capital request process has started for the 2009 budget year and changes to the Five-Year Plan. Requests can be made to the Planning Committee.

The current certificate of operation for the main dam expires this month; he expects there will be another conditional certificate issued pending completion of new dam safety regulations and determination of the need for any upgrades. 

Members are reminded to call the Sheriff’s Office first when they need assistance, and then call LOW Security if the situation calls for immediate help.

12. Report of Legal Counsel: Mr. Wilkinson had nothing new to report.

13. Committee Reports:  There were no committee reports.

14. UNFINISHED BUSINESS There was no unfinished business.

15. NEW BUSINESS

15.1 Consideration of Report on Woods Center Audit. (D-08-14)
Motion by Wilson, second by Kay, passed unanimously, to accept the report from the Woods Center Audit Group.
(President Rucker briefly summarized the findings in the report for those present, and a copy will be made available in the Reading Room.)

15.2  Consideration of Changes to Regulation V.E.1.c and V.E.2.c—Use of Individually-owned Property. (First Reading) (D-08-15)
Motion by Sheridan, second by Williams, passed unanimously, to accept for a First Reading the proposed changes to Regulation V.E.1C and V.E.2C—Use of Individually-owned Property.

15.3. Consideration of Changes to Regulation XIV.F—Schedule of Penalties for Violations. (First Reading) (D-08-16)
Motion by Buttimer, second by Sheridan, passed unanimously, to accept for a First Reading the proposed changes to Regulation XIV.F—Schedule of Penalties for Violations.

15.4 Consideration of Changes to Regulation XVI.K.5. (First Reading) (D-08-17)
Motion by Williams, second by Kay, passed unanimously, to accept for a First Reading the proposed changes to Regulation XVI.K.5.

15.5 Consideration of Addendum to Dewberry Contract Regarding the Dam. (D-08-18)
Motion by Buttimer, second by Kay, passed unanimously, to authorize the General Manager to proceed with the addendum to the contract for dam-related work in an amount not to exceed $15,000, funds to be taken from the Dam Reserve.

15.6 Consideration of a Survey Contract on the Goodwin, Leach and 9.9 properties. (D-08-19)
Motion by Kay, second by Buttimer, passed unanimously, to authorize the General Manager to enter into a contract not to exceed $10,000 for a survey of the Leach, Goodwin and 9.9 properties, and to post “No Trespassing” signs, funds to be taken from the Contingency Funds. 

16. Scheduled Meetings:
Board Workshop: Wednesday, March 19, 2008 at 2:00 p.m. in the Woods Center.
(Executive Session at 1:00 p.m.)  Agenda:  1) Funding sources for additional costs for the Woods Center; 2) review of the Board Directors’ goals; 3) road maintenance and upgrade capital costs, and; 4) review of all capital projects.
Monthly Board Meeting: Saturday, April 5, 2008 at 10:00 a.m., in the Community Center.

17. Member Comments: 
Comments from members included: 1) a member who encouraged the Board to defer any future major expenditures and construction projects until the cost of upgrades to the main dam are known, and; 2) a request to investigate re-financing the construction loan for the Community Center now that interest rates have dropped (this is being done).

18. Adjournment: Motion by Kay, second by Williams, passed unanimously, to adjourn the meeting at 11:58 a.m.

Peter Williams, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
April 5, 2008
10:00 a.m, Community Center

1. With a quorum present, President Rucker called the meeting to order at 8:02 a.m. in the Community Center.

2. Executive Session: 
    Motion by Flynn, second by Williams, passed unanimously, to enter into Executive Session at 8:03 a.m.
    Motion by Kay, second by Sheridan, passed unanimously, to enter into Open Session at 10:02 a.m., and to affirm that the Board met earlier today in Executive Session and on March 19, 2008 and March 24, 2008, and only discussed topics regarding personal, personnel, contractual and/or legal matters.

3. Approval of Agenda:
    Motion by Wilson, second by Williams, to approve the Agenda as submitted, with the deletion of Item 15.2: Consideration of Addendum to Dam Engineering Contract.
    Motion by Kay, second by Flynn, to add Item 15.4: Consideration of Paying off the loan with Wachovia Bank for Construction of the Community Center.  Vote: Yea: Kay, Flynn and Wilson. Nay: Williams, Buttimer and Sheridan. With a tie vote, the motion failed. Vote on the original motion to approve the agenda was unanimous. 

4. Approval of Minutes of March 1, 2008. Motion by Williams, second by Kay, passed unanimously, to approve the minutes of March 1, 2008.

5. Report of Orange County District 5 Supervisor:  Supervisor Lee Frame announced there is currently a 5-cent tax increase in the new budget. An upcoming public hearing on Tuesday could reduce that amount. He encouraged members to share their thoughts with him on the current budget.  The biggest increases are the schools, the landfill, new deputies and EMS staff, and the jail.  The new middle school is expected to remain on track for completion in January, 2010.
  The County is planning a system-wide assessment of the physical condition of all its facilities.
   Mr. Frame announced that the BoS has appointed him to serve on the Board of Rapidan Service Authority as an at-large representative from Orange County.  He will assume those duties the end of June for a term of four years.
                                                                                                                                           
6. Report of Orange County Sheriff’s Department:  Sheriff Amos was unable to attend the meeting today, and no report for March was available.

7. Report from Chief of Security:  Chief George Dodson reported that in March there were 79 summonses issued and that his staff responded to 219 calls for service.  Two summonses were issued for soliciting.  Storms led to trees down on roads and properties at different times during the month. There were 28 assists, 8 welfare checks, 9 house alarms, and one 911 call.  One member was burning leaves, and this was put out.  There was one loud music complaint. One juvenile was missing and he was located.  There were 14 animal complaints, with two summonses issued.  In the vandalism category, stop signs were removed near three golf course greens, a house was egged, a road sprayed with shaving cream, garden materials taken from a yard, and a couple of other minor incidents. A detailed report will be published in Lake Currents.
   
8. Report from LOW Fire & Rescue:  Joe Argenzio reported that for the month of March there were 76 calls for Rescue, 55 in LOW, 20 in Orange County, and one outside.  For Fire, there were 39 calls: 7 were motor vehicle accidents, 2 structure fires, 8 EMS, 5 brush fires and 2 chimney fires. 
   Of significance is that F&R will be replacing their 1973 brush truck.  Orange County has ordered two “quad” trucks with a straight tip ladder and pumper, one of which will be placed here in LOW.  Outfitting these trucks will be very expensive.
   The Fire and Rescue Fund Drive will start in May.  A survey shows that fewer than 25% of LOW homeowners contribute to this fund, and support is badly needed to pay for these vital services.

9. Report from Orange County School Board:  School Board Representative Jim Hopkins  reported that the Supervisors will have a meeting on April 15 to approve the budget and tax rate.  The supervisors have been very supportive of the school system, although we will not be getting everything we have requested.  He thanked District 5 Supervisor Lee Frame for his efforts on behalf of our district.
  On April 1 the School Board approved a contract to paint several schools; two more schools may be added to the list later. 
  In January, the School Board voted NOT to start the 2008 school year in August; survey results revealed that staff is not supportive of this proposal.
   In March, the Supervisors approved a Request for Proposal for architectural and engineering services for a system-wide school facilities assessment, to be completed by August 1.  This will address the physical condition of existing facilities, and include student enrollment projections for the next 12 years.  

10. Reports of Officers: 
    President Rucker announced there will be an Open House on April 26 from 9 am to 3
pm at the Regency Park Sports Complex. 
    Assessment packages have been mailed.  The survey information is important for planning purposes, and he encouraged members to fill out the form.
   The July Board Meeting will be held on Saturday, June 28, this year.

Motion by Buttimer, second by Williams, passed unanimously, to bar Daniel Andrade, James Burton and Joshua Wynn from LOW until their fines are paid in full.
  Motion by Buttimer, second by Kay, passed unanimously, to suspend the driving privileges of Kristine Clements and Patricia Via within LOW for 60 days.
  Motin by Buttimer, second by Kay, passed unanimously, to suspend the driving privileges with LOW of Won Kim for 30 days.      
  
   Motion by Sheridan, second by Kay, passed unanimously, to approve the following Committee changes: (D-08-20)

Treasurer Buttimer’s Report for the one-month and ten months ending February 29, 2008 is attached as (D-08-21). Briefly, the operating budget shows a negative month-to-date variance of $11,585, and a year-to-date positive variance of $188,349. Operational revenue for the month exceeded budget by $17,209.  Monthly operational expenses were more than budget by $15,704.  Total operational revenues year-to-date were more than budget by $366,688, and operational expenses year-to-date were more than budget by $18,702.  A complete report will be published in the Lake Currents. 

11. Report of General Manager: 
General Manager John Bailey noted that golf revenues have exceeded the budget so far this year by $25,000, a significant improvement over past years.
The assessment billing process will include plastic member cards with a magnetic strip that will allow for more flexible usage.  Five members have already selected the semi-annual assessment payment plan.
Capital request submissions are due April 10.  A Capital Planning Model is being created to help with future year budgets. 

The Holcomb Building will restart Saturday hours, and will be open on the first Saturday of the month on May 3, June 7 and August 2.  To assist with assessment payments, the office will be open April 28, 29 and 30 until 6:30 p.m.

Dam re-inspection reports have been completed by Dewberry and Davis to comply with state regulations. A few minor maintenance issues have been identified which can be dealt with over the next 6-24 months.  The addendum to the Dewberry contract was not yet available to discuss today. 
An agreement with the SWCB was that lake hydrology information is due to them on Monday, and this is being done.  A dam incremental damage analysis has been completed and is under in-house review.  A company in Utah does site-specific analysis to provide more accurate PMF information for specific watersheds and dams, and possibly getting their opinion is under consideration.  The alternative spillway design was submitted to SWCB on March 10.  A new proposal presented to SWCB on March 20 was received fairly well, and we got a 4-month extension of our conditional dam operating permit.  Progress continues to be made toward a final decision of what changes will be adopted to upgrade the dam.

   Mr. Bailey then reprised the slide presentation he gave on our main dam to the SWCB a couple of weeks ago called “A Brief History of Improvements Accomplished or Underway to Date”.  He answered several questions from the audience.

12. Report of Legal Counsel: Mr. Wilkinson had nothing new to report.

13. Committee Reports:
Don Jackson gave an update on the Warden Program, noting that Orange County received $9,000 of FEMA funds for Emergency Programs.  Some equipment is available for wardens in the program, but CERT Training promised in 2005 has not been available.  He encouraged the Board members to review the Warden Program to come to some understanding with Orange County and get this important service back on track.    

Dave McKee of the Planning Committee explained to members that any proposal for new senior housing plans would have to be approved by referendum, so their response to that question on the Survey is important for planning purposes. 

Alicia Payne of the Equestrian Committee invited members to attend the Horse Show scheduled for tomorrow. 

14. UNFINISHED BUSINESS  There was no unfinished business.

15. NEW BUSINESS

15.1 Consideration of Request to Enter Properties for Clean-up. (D-08-22)
Motion by Sheridan, second by Wilson, passed unanimously, to authorize staff to enter and clean the properties listed in the memo from ECC dated March 12, 2008, and have the cost be billed to the property-owners.

15.2  Consideration of Addendum to Dam Engineering Contract.  This item was deleted from the Agenda.

15.3. Consideration of Funding Allocation for Woods Center Overrun. (D-08-23)
Motion by Sheridan, second by Williams, to fund the Woods Center overrun for an estimated $282,782 by taking one-third of the total from the New Capital Reserve ($94,260), and two-thirds from the Replacement Reserve ($188,522).

Motion by Flynn, second by Buttimer, passed unanimously, to amend the motion to follow the proposed funding options in the General Manager’s Board Package Memo dated march 28, 2008, entitled “Proposed Options for Funding of the Woods Center Overrun.” (This plan would use up funds from the Woods Center Site Plan fund and any operating surplus from the FY-2007 Budget before tapping into New Capital Reserves and Replacement Reserves.) 
Vote on the original motion as amended passed unanimously.

16. Scheduled Meetings:
Board Workshop: Wednesday, April 16, 2008 at 2:00 p.m. in the lower level of the Clubhouse. Agenda to include: 1) Potomack Group Management Report   2) Lakes Manager Report on the Lakes
Monthly Board Meeting: Saturday, May 3, 2008 at 10:00 a.m. in the Community Center.

17. Member Comments:
Comments were heard on the following: 1) a donation of a flag pole point from Lee Frame, 2) a question on the amount of insurance LOWA has on its deposits, 3) a question as to why the Board does not want to consider paying off the Wachovia loan for construction of the Community Center at this time, 4) a recommendation that all of the 2008 Operations surplus and subsequent surpluses be allocated to the Road Reserves, 5) a comment that given the difficulties of engaging members in the Warden Program, a proposed Neighborhood Watch program could experience the same level of lack of participation, 6) a comment that the boat registration procedure currently being used is not consistent with LOWA Rules and Regulations, 7) a comment that the Soccer fields at Sweetbriar are not being kept in good shape.

18. Adjournment:
      Motion by Kay, second by Williams, passed unanimously, to move into Executive Session at 12:21 p.m.

Peter Williams,   LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
April 16, 2008, 4:20 p.m., Clubhouse

1.  With a quorum present, President Rucker called the meeting to order at 4:20 p.m. in the lower level of the Clubhouse.

2. Motion by Flynn, second by Williams, passed unanimously, to move into Open Session at 4:22 p.m.

3. Motion by Kay, second by Sheridan, to approve the Agenda.
    Motion by Buttimer, second by Kay, passed unanimously, to amend the agenda by adding Item 3 under New Business: “Consideration of entering into a Contract with North American Weather Consultants (NAWC) of Utah to conduct a Phase I Probable Maximum Precipitation Feasibility Study”, cost not to exceed $18,000 from the 2008 Dam Reserves.  Vote on the original motion as amended passed unanimously.

4. NEW BUSINESS

4.1 Consideration of Approval of Addendum to the Contract with Dewberry & Davis for Dam-related Work.
      Motion by Buttimer, second by Williams, passed unanimously, to approve the addendum to the contract with Dewberry & Davis for dam-related work in an amount not to exceed $9,000, funds to be taken from the Dam Reserves. (D-08-24)

4.2 Consideration of Forwarding a Proposed Change to the By-Laws to the Rules Committee for action in accordance with Article VIII.2. 
      Motion by Sheridan, second by Buttimer, to forward the proposed change to the By-Laws to the Rules Committee for action in accordance with Article VIII.2. 
      Vote on the motion: Yea: Sheridan, Buttimer, Wilson and Williams.  Nay: Flynn and Kay.  Motion passed 4 to 2.  (D-08-25)

4.3  Consideration of Entering into a Contract with North American Weather Consultants (NAWC) of Utah to Conduct a Phase I Probable Maximum Precipitation Feasibility Study.”
   Motion by Buttimer, second by Kay, to approve a contract with North American Weather Consultants of Utah to conduct a Phase I Probable Maximum Precipitation Feasibility Study, cost not to exceed $18,000 in funds to come from the 2008 Dam Reserves.
  Motion by Sheridan, second by Kay, passed unanimously, to table the motion to the May 3, 2008 Board meeting.

5.  President Rucker adjourned the meeting at 5:07 p.m.

Peter Williams, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
May 3, 2008, 10:00 a.m, Community Center

1. With a quorum present, Vice President Tom Sheridan called the meeting to order at 8:01 a.m. in the Community Center.

2. Executive Session: 
Motion by Kay, second by Williams, passed unanimously, to enter into Executive Session at 8:02 a.m.
Motion by Wilson, second by Kay, passed unanimously, to enter into Open Session at 10:05 a.m., and to affirm that the Board met earlier today in Executive Session, and only discussed topics regarding personal, personnel, contractual and/or legal matters.

3. Approval of Agenda:
Motion by Flynn, second by Buttimer, to approve the Agenda with the deletion of Item 14.5: Consideration of Contract for PMP Feasibility Study, and Item 15.1: Consideration of Extension of Section 2, Lot 323.

Motion Kay, second by Flynn, to add Item 15.4: Consideration of Paying off the Community Center Loan from Wachovia Bank.  Vote on the motion: Yea: Williams, Flynn, Kay and Wilson.  Nay: Buttimer.  Motion passed 4 to 1.
Motion by Wilson, second by Kay, passed unanimously, to add Item 15.5: Consideration of Disclosure Agreement for the Board of Directors and Managers of Lake of the Woods Association.
Motion by Kay, second by Wilson, passed unanimously, to approve the Agenda as amended.

4. Approval of Minutes of April 5, 2008 and April 16, 2008.
Motion by Williams, second by Kay, passed unanimously, to approve the minutes of April 5, 2008. Motion by Williams, second by Kay, passed unanimously, to approve the minutes of April 16, 2008.

5. Report of Orange County District 5 Supervisor:  Supervisor Lee Frame reported that the new budget was passed with a 5-cent tax increase.  Cuts in services included the Daycare Center, before/after school childcare and Parks and Recreation.  He gave a rundown of new equipment and staff positions in the budget for county Fire and Rescue operations. He also noted that with this new budget we will start paying for the new middle school construction.

Other news included a John Deere dealership going in on Rte 15, the reconsideration of the Tourism Corridor (overlay) proposal for county businesses, and he revealed that the Board is looking for a firm that will aid the supervisors in revising zoning and subdivision ordinances.  The Board received a presentation from King and Dotson for a proposed multipurpose construction project on Route 3.  Mr. Frame feels the proposal is too urban for the location, though other Supervisors had fewer reservations. Significant changes could be made in the use mix as this project develops.

The County Administrator notified the Board that the county program budget for at-risk youth as mandated by the Comprehensive Services Act has about doubled, possibly due to the current economic environment.   

6. Report of Orange County Sheriff’s Department:  Chief Deputy Tim Murphy reported that April was a relatively quiet month for LOW.  There were 2626 calls for service in the county, for a total of 10,679 for the year; there were 49 in LOW for a total of 215 for the year. There were 1052 civil papers served; 114 in LOW for a total of 382.  Sixty-six warrants were served, 35 transports performed, and 221 summonses issued.

The $13,000 in vandalism damage at Meadows Farms Golf Course led to the arrest of four juveniles from LOW. On July 1, the Department will start enforcing handicap and “no parking zone” violations at the Marketplace on Route 3 (Bloom’s), now that an enforcement process is in place.  Warnings will be given out in June for such violations.

A two-man traffic safety unit will be working on the Rte 20/3 and Rte 15 corridors.  Arrest experience in these areas indicates 80% of the speeders are of out-of-town drivers.
The Citizens Police Academy will graduate a class on May 19.  A drug-sniffing dog will also be trained and available by May 9.

7. Report from Chief of Security:  Chief George Dodson reported that in April there were
71 summonses issued and 168 calls for service.  Seven-hundred sixty-five boats were registered.  There was a summons issued for reckless driving, and one intoxicated person was taken into custody.  Juveniles shooting bows and arrows at Sweetbriar were remanded to their parents and equipment confiscated. There were 28 F&R assists, several domestic disputes turned over to Orange County, 6 welfare checks, 12 animal complaints with 12 summonses issued, 2 porta-potties turned over and several incidents of vandalism.  Lake patrol will start today. 

8. Report from LOW Fire & Rescue:  VP Tom Cornell reported that for the month of April there were 54 calls to Rescue from LOW, 28 from Orange County and 2 from other jurisdictions. There were 37 calls from LOW to the Fire Department; eleven were EMS assists, five were actual fires, nine were motor vehicle accidents, and four were brush fires.

On May 23 Fire and Rescue will be hosting a Golf Tournament starting at 1 pm.  A sign-up sheet is posted at the Woods Center. 
He reminded members to check smoke detectors monthly and replace batteries twice a year.

9. Report from Orange County School Board: District 5 Representative Jim Hopkins  reported that the schools are conducting a census of school-age children living in the County. A census is required by the State every three years. Members are encouraged to complete the census, which helps identify children who do not attend public schools, and aids the state in determining how much education funding each County receives.

10. Reports of Officers:
Mr. Sheridan reported that about 6 percent of our members are selecting the semi-annual payment plan for their assessments.  On May 1, the practice green and Hole 7 were opened up for use.

Motion by Buttimer, second by Williams, passed unanimously, to bar Robert Alexander, Kimberly O’Brian and Eric Trump from LOW until their fines are paid in full.
Motion by Buttimer, second by Kay, passed unanimously, to suspend the driving privileges in LOW for Crystal White and Patricia Via for 60 days.  

Motion by Kay, second by Williams, passed unanimously, to approve the following Committee changes listed in the Memo dated April 29, 2008 from Vice President Tom Sheridan: (D-08-26)

Treasurer Buttimer’s Report for the one-month and eleven months ending March 31, 2008 is attached as (D-08-27).
He mentioned that about 72% of assessments have been collected to date.  The recent sale of Treasury Bills led to investment in CD’s that are covered by FDIC insurance.  A special account with Wachovia bank will insure funds are in secure and insured accounts, or in government securities. 

11. Report of General Manager: GM John Bailey reported that he is busy meeting state deadlines for reports on dam-related issues, and briefly reviewed some of the work that was being done, including a detailed inundation zone analysis. He noted that the approval of a PMP study was removed from the agenda today following withdrawal of the Utah company that LOWA was considering to perform the analysis.  Other consultants are being considered.
He will be meeting with John Peterson, our Emergency Action Plan consultant, this Wednesday, with a completion date of June 30.
This Friday he will be meeting with our Emergency Communications consultants to finalize equipment needs.

He will be meeting with the Ridley Group this coming Tuesday, which is involved in doing our Security assessment to draw up a proposal.
He reported that road fee income was underestimated in the FY’07 budget by several hundred thousand dollars.  However, for FY’08 this has been adjusted downward significantly.

The Skate Park had revenue from 112 daily users and 13 guests in April.  This is about on target for income expected from this source.
Boat/RV Storage access is by non-duplicating key.  Keys are available for $10 if members want to purchase one, but purchase is not required.  Members can “borrow” one from Security when needed.

Ken Rouse has been hired temporarily to fill in as Water Resources Manager. Other personnel will be tapped if needed for additional projects over and above maintenance water testing activities. Two candidates have been identified to interview for the permanent Lakes Manager position. 

12. Report of Legal Counsel:  Mr. Wilkinson noted that Mr. Carter is aggressively pursuing people who have not paid their past-due assessments, and he anticipates there will be a tax sale of property this year.  

He praised LOWA for having one of the most public Boards he has ever seen, and reminded members that there are sensitive issues that of necessity must be addressed in executive session, which is of benefit to LOWA members. Updated state rules of closed- session engagement have been received recently and the Board members are reviewing these. 

13. Committee Reports:  Mr. Doug Crain, Chair of the Dam Regulations Working Group, reminded members that the agendas for his Group meetings are posted by Communications in advance, and all meetings are open to members. 

He expressed concern about recent letters and articles published in the Free Lance-Star and Lake Currents written by misinformed individuals, that cast suspicion on the integrity and motives of LOWA in their efforts to minimize dam upgrade costs while maintaining optimum security for human life and property. He mentioned that the specific expertise and education of individuals in the LOWA Dam Working Group in fields germane to dam issues far outweighs the nearly negligible expertise and qualifications required to sit on the Dam Safety Board or Soil and Water Conservation Board, noting that authority was not synonymous with expertise. He mentioned that through the Working Group, LOWA has been instrumental in requiring the statewide establishment of dam inundation zone maps, and a re-write of the State dam regulations to eliminate vague, subjective and unquantifiable language.  He stated that disinformation publicity hurts all members and depresses property values in LOW.

14. UNFINISHED BUSINESS

14.1  Consideration of Changes to Regulation V.E.1c and V.E.2c: Use of Individually-owned Property, Maintenance of Lots, Decaying Logs. (Second Reading) (D-08-28)
Motion by Flynn, second by Kay, passed unanimously, to adopt the changes to Regulation V.E.1c and V.E.2c: Use of Individually-owned Property, which changes the wording from “cut or broken” to “rotten or decaying” (logs).

14.2 Consideration of Changes to Regulation XIV.F: Schedule of Penalties for Violations; Violations of a Continuing Nature. (Second Reading) (D-08-29)
Motion by Buttimer, second by Williams, passed unanimously, to accept the changes to Regulation XIV.F: Schedule of Penalties for Violations--Violations of a Continuing Nature.

14.3 Consideration of Changes to Regulation XVI.K.5: Environmental Control and Construction Procedures, Other Construction, Transmitting Equipment. (Second Reading) (D-08-30)
Motion by Williams, second by Kay, passed unanimously, to accept the changes to Regulation XVI.K.5, relating to transmitting equipment.

14.4 Consideration of Addendum to Dewberry and Davis Dam Engineering Contract. (D-08-31)
Motion by Wilson, second by Kay, passed unanimously, to direct the General Manager to continue to negotiate and enter into an Addendum to the Dewberry and Davis Engineering Contract for dam-related work in an amount not to exceed $35,000, funds to be taken from the Dam Reserve, in order to meet the June 30, 2008 deadline.

14.5  Consideration of Contract for Site-specific Probable Maximum Precipitation (PMP) Feasibility Study. This item was deleted from the agenda.
 
15. NEW BUSINESS

15.1 Consideration of Extension of Lot 323, Section 2. This item was deleted from the agenda.

15.2 Consideration of Action Resulting from the Potomack Group Report. (D-08-32)
   Motion by Flynn, second by Williams, passed unanimously, to authorize the General Manager to enter into a contract with the Potomack Group for consulting services, in an amount not to exceed $1500, funds to be expensed from the FY-2008 budget.

15.3. Consideration of Pools Management Contract with Douglas Aquatics. (D-08-33)
Motion by Wilson, second by Williams, passed unanimously, to authorize the General Manager to continue to negotiate with and enter into a Pools Management Contract with Douglas Aquatics, in an amount not to exceed $87,000.

15.4  Consideration of Paying off the Community Center Loan from Wachovia Bank.
Motion by Kay, second by Wilson, to authorize pay off the Community Center Loan with Wachovia Bank before any additional CD’s or investments are made.
Motion by Williams, to amend the motion to request the Finance Committee to evaluate the Community Center loan thoroughly, and provide cost versus benefits relative to alternatives available to LOWA.  Motion died for lack of a second.

Motion by Buttimer, second by Williams, to table this motion to a future meeting. Vote on the motion: Yea: Buttimer and Williams. Nay: Wilson, Kay and Flynn. Motion failed 2 to 3.
Vote on the original motion: Yea: Kay, Flynn and Wilson. Nay: Williams, Buttimer and Sheridan.  Motion failed for lack of a majority.

15.5 Consideration of Disclosure Agreement for the Board of Directors and Managers of Lake of the Woods Association. (D-08-34)
Motion by Wilson, second by Kay, passed unanimously, that the BOD members, the General Manager and Assistant General Manager be requested to disclose, on a form for that purpose, all Board positions and executive positions in private businesses and/or organizations with financial dealings with Lake of the Woods Association, the form to be reviewed by LOWA legal counsel.

Motion by Williams, second by Kay, passed unanimously, to request the Finance Committee evaluate the Community Center loan from all points of view and aspects, and provide a cost/benefit analysis of alternatives available to LOWA, analysis to be accomplished by the date of the June Board workshop.

16. Scheduled Meetings:
Board Workshop: Wednesday, May 21, 2008, 2:00 p.m. in the lower level of the Clubhouse. 
Monthly Board Meeting: Saturday, June 7, 2008 at 10:00 a.m. in the Community Center.

17. Member Comments: Included: 1) an opinion that the Board should not have to delegate the Community Center loan analysis to the Finance Committee; 2) a suggestion that nominees to the new Board be invited to the Potomack Group meeting so they are well-informed on quality management issues when elected; 3) a reminder of the Children’s Fishing Tournament on May 31, and that applications are available at Security and volunteers are needed; 4) a suggestion for an additional $600 assessment on co-habits who also use our facilities; 5) a concern relative to several drainage and erosion/sediment control issues which need attention, including: a) the poor condition of roadway and other ditches, driveways and LOWA culverts; b) a reported major flooding problem on a private lot; c) a proposed Regulation change apparently to absolve ECC and LOWA of any responsibility regarding erosion and sediment control; d) the Regulation changes proposed by the Storm Water Management Ad Hoc Committee of 2005 which have not been acted upon, and; e) associated actions which need to be taken by key Committees, Departments and inspectors to remedy these deficiencies; 6) a request that Legal & Compliance Committee reports be released to interested members in good standing (report requests can be made through the General Manager). 

18. Adjournment:
Motion by Kay, second by Wilson, passed unanimously, to move into Executive Session at 12:58 p.m. for the purpose of discussing several personal, personnel, contractual and/or legal matters.

Motion by Kay, second by Williams, passed unanimously, to exit Executive Session at 1:38 p.m.

Peter Williams, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
June 7, 2008, 10:00 a.m, Community Center

1. With a quorum present, President Eldon Rucker called the meeting to order at 7:32    a.m. in the Community Center.

2. Executive Session: 
Motion by Flynn, second by Kay, passed unanimously, to enter into Executive Session at 7:33 a.m.
Motion by Williams, second by Kay, passed unanimously, to enter into Open Session at 10:04 a.m., and to affirm that the Board met earlier today in Executive Session, and only discussed topics regarding personal, personnel, contractual and/or legal matters.

3. Approval of Agenda:
Motion by Wilson, second by Williams, passed unanimously, to approve the Agenda as submitted with the deletion of Item 15.3: Consideration of Deletion to Regulation XVI, Appendix B – Erosion Control for Construction Sites; and the addition of Item 15.6: Consideration of a Food and Beverage Contract.

4. Approval of Minutes of May 3, 2008.
Motion by Williams, second by Sheridan, passed unanimously, to approve the Board minutes of May 3, 2008. 

5. Report of Orange County Sheriff’s Department:  No report available.

6. Report from Chief of Security:  Chief George Dodson reported that during the month of May there were 65 summonses issued and 129 calls for service. To date, 2631 boats have been registered. There were 22 animal complaints, two resulting in a summons; 4 incidents of vandalism, one car accident with no injuries, several domestic disputes, a hit and run at the Clubhouse parking lot and several boats loose on the lake due to severe
storms. Two missing juveniles were located. Fifteen house alarms checked out OK. A summons was issued for tailgating at the back gate. There were several domestic disputes, and Security performed 18 assists, 7 welfare checks and fielded six 911 hang-ups.

7. Report from LOW Fire & Rescue:  Fire and Rescue reported that for the month of May there were 46 calls to the Fire Department, 20 of which were calls to the county.  Rescue answered 105 calls, 64 in LOW, for a total of 450 for the year. There was considerable activity due to storm incidents.

8. Report from Orange County School Board: District 5 Representative Jim Hopkins reported that Dr. William Crawford will be leaving his position as Superintendent of Schools in June of 2009, and the School Board will be looking for a replacement. He praised Dr. Crawford’s accomplishments during his short tenure. Harold Fritz Wolfe has been hired as project manager for the construction of the new middle school. School construction will begin in the fall, with the opening scheduled for August, 2010. The school has a gym and multi-purpose room, but no auditorium is planned at this time. 

9. Reports of Officers:
President Rucker announced that a Quality Management Council has been established, consisting of the following individuals: Peter Williams, Tom Sheridan, Ted Wessel, Dorothy Isenberg, Elton Rupe, Mike Rugless, Bernie Patton and Tom Eales. LOWA has received a written proposal from the Potomack Group to guide us in this endeavor, and this contract will be further discussed at the June 18 Executive Session and Open Session.
The Community Center Loan will also be discussed on June 18 when the Finance Committee reports on their findings.

The Honors Committee is looking for nominees and needs input by June 27.

Motion by Buttimer, second by Kay, passed unanimously, to bar Charles Barton, Eddie Cubbage, Kimberly O’Brien, Dominic Walker, Patrick Dwyer and Mike Witt from LOW until their fines are paid in full.

Motion by Buttimer, second by Kay, passed unanimously, to suspend the driving privileges within LOW of Marcus Engle, Ryan Jordan, Leedlyn Stadulis and Barbra Strain for 30 days.

Motion by Sheridan, second by Williams, passed unanimously, to approve the following Committee changes: (D-08-35)

Treasurer Buttimer’s Report for the one-month and twelve months ending April 30, 2008 is attached as (D-08-36).

The Operating Budget shows a positive month-to-date variance of $159,050, and a year-to-date positive variance of $345,757 for the twelve months ending April 30, 2008.  The official end-of-year results are determined after the annual audit, which will take place this month.  It appears sufficient funds will be available to cover the extra building costs at the Woods Center without using our reserves; however, no action will be taken prior to the audit. 

10. Report of General Manager: GM John Bailey reported that 87% of the 2008 annual assessments have been received. The semi-annual assessment payment plan was selected by 415 members. Thirty-four properties are in foreclosure, five of those are in bankruptcy. Fourteen properties are in the collections process and three properties are being auctioned off. 

LOWA met with the Virginia Dam Safety staff this past week, and he noted they were impressed with all the detail work LOWA did to determine that there are only six homes impacted in the inundation zone. Design plans and specifications for our dam water-control gate are due June 30. We are proceeding with the Emergency Action Plans for both dams.

We are waiting for a second quote relative to a Security needs assessment contract.
We have tentatively made an offer to one individual to hire as our new Water Resources Manager.
The lower level of the Clubhouse has been cleaned and refurbished with new chairs and other furniture.

The IGM contract for golf course maintenance is being reviewed. The LGA and MGA have donated new rocking chairs for the front porch of the Woods Center.

Last Wednesday he met with some of the Campground residents, who would like to request the Board reconstitute the Campground Committee Charter. 

Mr. Bailey said he has been working on options available for possibly refinancing the Community Center loan. He is working with five different lending institutions. A cash flow management profile was done, which showed we did not have adequate cash flow in the coming year’s budget (2008) to pay off the loan.  

11. Report of Legal Counsel:  Mr. Wilkinson had no report.

12. Committee Reports:
Bill Wilson presented the report of the Ad Hoc Group for the Pools and Fitness Center operations. He noted that several options for upgrades and/or replacement were considered by the Committee. Factors in the study included: cost of construction, cost of operation, depreciation, usage and revenue estimates, and financial feasibility. Six proposals were developed, and the top-ranked proposal was to repair and replace the roof on the current Fitness building, and repair the Clubhouse pool as necessary at a cost of $26,000, already budgeted. He thanked his committee members for their hard work on this project. A copy of the full report is available in the Reading Room.

Ken Tillman reported for Pools and Fitness that as of June 4 we have 154 adult memberships for the pools, 51 family, 59 individual, 44 couples and 126 youth memberships, generating $22,505 in income. The pools will be open this year through Labor Day. There are 314 family memberships at the Fitness Center, generating $23,550 in funds. The Fitness Center will be closed July 4 and 5.

Doug Rogers, Chair of the Finance Committee, presented the Board with the results of the amenity fee schedule analysis, with an eye toward simplifying it. Recommendations were to submit their findings to appropriate amenity managers for their review and discussion with their associated committees, and hold hearings before finalizing recommendations. The Committee will meet again on June 16 to discuss the Community Center Loan, and present their findings at the Board Workshop on June 18.  

13.  Member Comments:  One member expressed concerns about the lack of stormwater management relative to silt and chemicals flowing into the lake unimpeded. Another member reported that his back yard receives all the foul run-off from the Equestrian Center, and said installing a buffer or retaining pond in this area would be helpful. The Rules Committee Chair said he agreed with the removal of Item 15.3 from the Agenda today, but that the Board needs to respond to a prior memo request to replace the existing Section XVI of the Regulations with the one that was provisionally approved back in 2005. A Finance Committee member requested Item 15.2 not be discussed or considered at this time due to lack of thorough study, lack of foundation guidelines for CTR, and lack of urgency. It was requested that whenever there is a motion to be voted on that it be read in its entirety prior to the vote. One member commented that the Fareways restaurant costs us twice as much to keep open as we receive in sales income/profit. The M&E Chair said that Item 15.3 is rightfully being omitted from the agenda today, noting his surprise on learning that revised Section XVI was never implemented. 

14. UNFINISHED BUSINESS  There was no unfinished business.

15. NEW BUSINESS

15.1 Consideration of Slate of Candidates for 2008 Board of Directors Election. (D-08-37)
Motion by Kay, second by Sheridan, passed unanimously, to approve the slate of candidates for the 2008 Board of Directors Election, as submitted by the Nominating Committee. (Margaret Darby, Jeffrey Flynn, Daniel Greene and Michael Musatow.)

15.2 Consideration of Addition of Section D to LOWA By-law Article VI: Financial Management Regarding Contribution to Reserves (CTR) Policy. (First Reading)  

Motion by Buttimer, second by Kay, to approve for a First Reading, to add Section D to LOWA By-Law Article VI: Financial Management, regarding the Contribution to Reserve Policy.

Motion by Wilson, second by Kay, to table the motion.  Vote: Yea: Flynn, Kay, Wilson and Williams. Nay: Sheridan and Buttimer. Motion to table passed. 

15.3  Consideration of Deletions to Regulation XVI, Appendix B: Erosion Control for Construction Sites. (First Reading)
This item was deleted from the Agenda.

15.4  Consideration of Request to Enter Property for Clean-up. (D-08-38)
Motion by Flynn, second by Kay, to authorize Maintenance to enter into Section 4, Lot 93 for the purpose of cleaning up the property, and bill the owner for the expense incurred. Vote: Yea: Williams, Sheridan, Buttimer, Wilson, Kay and Flynn. Motion passed unanimously. 

15.5 Consideration of Request to Carry-over Previously Approved Projects. (D-08-39)
Motion by Buttimer, second by Williams, passed unanimously, to carry forward to FY-2009 the Capital Projects as provided on the list from the General Manager.

15.6 Consideration of a Food and Beverage Contract. (D-08-40)
Motion by Kay, second by Buttimer, passed unanimously, to direct the General Manager to enter into a contract for food and beverage management service for the Clubhouse and Fareways, to cover the period May 1, 2008 through April 30, 2009.

16. Scheduled Meetings:
Board Workshop: Wednesday, June 18, 2008. Executive Session at 1:00 p.m. Open Session at 2:00 p.m. in the lower level of the Clubhouse. Agenda to include: 1) Pool and Fitness Center Long-range Plans; 2) Planning Committee 2009 Capital Needs presentation; 3) Finance Committee Review of Community Center Loan; 4) 2009 Budget Guidelines development; 5) Update on Warden Program, and 6) Potomack Group Contract (Open Session only). 
Monthly Board Meeting: Saturday, June 28, 2008 at 10:00 a.m. in the Community Center.

17. Member Comments:  Further member comments heard included one member who could not obtain any credible records from LOWA to document that the Skateboard group had met their financial commitments to the Association; a report on the Twelfth Annual Fishing Tournament and expression of appreciation to the staff and Clearwater Grill who helped the 145 children have a great day; a request that time be provided for member comments when new items are added to the Agenda; a request for a list of those projects in Item 15.5 scheduled for carry-over to 2009.

18. Adjournment:
Motion by Williams, second by Kay, passed unanimously, to adjourn the meeting at 12:03 p.m. and move into Executive Session at 12:08 for the purpose of discussing several personal, personnel, contractual and/or legal matters.

Motion passed unanimously to exit Executive Session at 12:57 p.m.

Peter Williams, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
June 18, 2008, 1:00 p.m, Clubhouse lower level

1. With a quorum present, President Eldon Rucker called the meeting to order at 1:04 p.m. in the Clubhouse lower level.

2. Executive Session:  Motion by Williams, second by Kay, passed unanimously, to enter into Executive Session at 1:05 p.m.

3. Open Session: 
Motion by Kay, second by Williams, passed unanimously, to enter into Open Session at 2:03 p.m., and to affirm that the Board met earlier in Executive Session, and only discussed topics regarding personal, personnel, contractual and/or legal matters.

4.  Consideration to Authorize the General Manager to enter into a Contract with the Potomack Group.  (D-08-42)
Motion by Sheridan, second by Williams, passed unanimously, to authorize the General Manager to enter into a contract with the Potomack Group, cost not to exceed $12,000, to perform a portion of the scope of quality management improvement recommendations as specified in the June 5, 2008 letter from Kenneth Clayman of the Potomack Group to John Bailey, LOWA General Manager; funding for this contract to be provided from 2008 budget funds.

5.  Consideration of Adoption of a Quality Management Policy for LOWA. (D-08-43)
Motion by Williams, second by Kay, passed unanimously, to approve the Quality Management Policy of Lake of the Woods Association as recommended by the Quality Management Council, which reads: “We are committed to establishing and consistently maintaining a superior management system for Lake of the Woods, using the principles ISO-9001 to ensure the optimum in efficiency and cost-effectiveness in all phases of management, without losing sight of the need to deliver the highest possible level of customer service to our members.”

6.  Adjournment:
Motion by Williams, second by Kay, passed unanimously, to adjourn the meeting at 2:08 p.m.

Peter Williams, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
June 28, 2008, 10:00 a.m, Community Center

                                 
1. With a quorum present, President Eldon Rucker called the meeting to order at 8:00 a.m. in the Community Center.

2. Executive Session: 
Motion by Buttimer, second by Williams, passed unanimously, to enter into Executive Session at 8:01 a.m.

Motion by Kay, second by Buttimer, passed unanimously, to enter into Open Session at 10:01 a.m., and to affirm that the Board met earlier today in Executive Session, and only discussed topics regarding personal, personnel, contractual and/or legal matters.

3. Approval of Agenda:
Motion by Wilson, second by Flynn, passed unanimously, to approve the Agenda as submitted.

4. Approval of Minutes of June 7, 2008 and June 18, 2008.
Motion by Flynn, second by Williams, passed unanimously, to approve the Board minutes of June 7, 2008 and June 18, 2008, with one correction: the date on the last line of page 1856 of the June 7, 2008 minutes be changed from 2009 to 2008.

5. Report from O.C. District 5 Supervisor, Lee Frame:  Mr. Frame reported that the school budget received $234,000 less from the state and federal governments than was expected, so some cuts were made by the School Board in other budgeted areas.  The Child Garden Daycare Center will no longer receive any financial support from the county, but the school board will use these facilities to provide a childcare benefit for teachers.

The BoS just passed a “Big Box Ordinance” which will require a special use permit for new retail construction in excess of 60,000 square feet.

Board of Supervisors meetings are now being taped for Channel 18.

6. Report from O.C. Sheriff’s Office:  Chief Deputy Tim Murphy announced that the statistics report for June is not yet available. He reported that on June 1 the offices of A&K Development on Route 3 were broken into and credit cards and cash stolen. They have already developed a suspect in this case. A B&E theft in August of 2002 in Unionville has now yielded a DNA match with an incarcerated suspect. He announced that various officers have been promoted and others are participating in a variety of training programs. RAD (rape, aggression, defense) classes will be offered to the public in the near future after county officers have been trained. 

7. Report from Chief of Security: Chief George Dodson reported that during the month of June to date there were a lot of complaints (14) from the Clubhouse area, so Security has been monitoring the area every hour and discouraging loitering around the basketball courts after dark. Several boats were loose following a storm, and an electric pole was down. Kids have been swimming off the Clubhouse docks, and people fishing off Ramsay Beach. There were 11 assists, 3 welfare checks, 6 domestic calls, 7 house alarms, 3 vandalism incidents, and15 animal complaints resulting in 2 summonses issued.  There were 151 calls for service and about 70 summonses written in June to date.

8. Report from LOW Fire & Rescue: Vic Larson reported that there were 50 calls to the Fire Department as of June 27, but complete statistics are not in yet. There were 89 calls to Rescue, for a total of 2593 calls so far this year for all of Orange.

There was a school bus/car accident on 601 in early June by the back gate; members are reminded to watch their speed in this area, which was a contributing factor in this accident.

Our newest ambulance from Orange County has been placed into service at LOW.

The July 5 Festival with the parade at 11 a.m., games on the point from 12 to 4 pm, and the Fireworks in the evening at dusk. 

9. Report from Orange County School Board Representative: No report available.

10. Reports of Officers:
President Rucker reported that the July Board Workshop has been moved to July 23.

A report from the Finance Committee recommended no action be taken on the Community Center loan payoff until dam costs are determined more clearly.

The Quality Management Council has started looking at processes and procedures in the Maintenance Department as part of their work.

An Executive Session will be held on July 10 at 10:00 a.m. relative to dam contracts, which may lead to an Open Session. 

Treasurer Buttimer’s Report for the one-month ending May 31, 2008, financials are not complete, but will be combined with the August report and attached as (D-08-44).

There is a positive variance for the month of $43,000. Additional investment information will be added to the financial reports. About 200 members have not yet paid their assessment fees. 

Robin Knepper, a LOW resident and reporter for the Free Lance-Star, addressed the Board to inform them that relative to a planned Executive Session on July 10 to discuss dam contract issues relative to the Soil and Water Conservation Board, stated she believed that a closed session under these circumstances would violate the Virginia Freedom of Information Act, specifically Section 2.1-344 of the Code of Virginia, and further that no issue can be discussed in a closed meeting that has already been discussed in public.

11. Report of General Manager:
GM John Bailey reported that water control gate specifications for the Main Dam are due June 30 and gave a further update of the dam status, meetings and progress.  LOWA has been talking with the 6 property owners who are in the dam inundation zone about evacuation plans.

There will be no pony rides available this year at the July 5 Festival due to safety concerns. There also will be no parking allowed along Lake of the Woods Drive (between the Guard Station and the Clubhouse), also for safety reasons and to insure emergency access. There will be a shuttle from the LOW Church to the Clubhouse area for festival attendees and for the fireworks in the evening.

We have a technology contract out to integrate our security equipment; the inventory of equipment and current status of technology has now been completed.  LOWA will be meeting with the company this week to discuss recommended changes and improvements.

Mr. Bailey praised the maintenance staff for their efforts around the community following recent storms.

He spoke about the two beaches closed recently due to high coliform readings, and explained the testing schedule and how variable readings can be even when tests are done only a few days apart.

He reminded residents the Orange County has a Running-at-Large ordinance for dogs, but this is not a the same thing as a “Leash Law”.  The ordinance requires control of animals, but this does not require a leash, only that the animal must be “under the owner’s immediate control.” Safety for everyone would be maximized if all owners walked their dog on a leash.       

12. Report of Legal Counsel: Mr. Wilkinson had no report.

13. Committee Reports: 
Ken Tillman of Pools and Fitness reported that the Fitness Center will be closed on July 4 and 5. The pools will be open.

Des Flanagan reported the results of the Planning Committee LOWA Member Survey. Of note was a 46% response rate; 4032 surveys were mailed, and 1863 returned. He reviewed the summary data on the 20 questions asked using a screen presentation, and provided information on plans for how the data will be distributed and used by the Association.

14.  Member Comments on Business Agenda: One member commented that the Finance Committee has not reviewed the Budget Guidelines, that the Board continues to act in defiance of their By-Laws and operating regulations in that respect; and that the Board needs to control payroll increases, increase amenity fees and hold the line on expenses. Another member requested the Board include funds in the 2009 budget as a line item for storm water management and corrective needs.   

15. UNFINISHED BUSINESS  There was no unfinished business.

16. NEW BUSINESS

16.1 Consideration of Budget Guidelines for Fiscal Year 2009. (D-08-45)
Motion by Buttimer, second by Williams, to approve the Budget Guidelines for Fiscal Year 2009. 

Motion by Flynn, second by Kay, to table this discussion until the August 2, 2009 Board meeting. Vote: Yea: Flynn.  Nay: Kay, Williams, Buttimer and Wilson.
Motion failed.

The Board proceeded to make the following changes in the Budget Guidelines:
Motion by Kay, second by Wilson, to remove the words “by more than 4%” at the end of Item 1 under the heading “Salaries and Other Personnel Costs”, and change “2008-09” to read “2008”.  Vote: Yea: Kay and Wilson.  Nay: Williams, Buttimer and Flynn.  Motion failed.

Motion by Kay, second by Flynn, passed unanimously, to change Item 1 under the heading “Salaries and Other Personnel Costs” to read “Total payroll expenses (COLA, merit and benefits, but excluding overtime) should not exceed budgeted payroll for the 2008 Fiscal Year by more than 4%.”

Motion by Kay, second by Williams, passed unanimously, to eliminate Item 2 under the heading “Capital Spending”.

Motion by Kay, second by Wilson, passed unanimously, to delete Item 2B under the heading “Reserves”.

Motion by Kay, second by Flynn, to delete Item 3 under “Reserves”.  Vote: Yea: Kay, Flynn, Buttimer and Williams.  Nay: Wilson.  Motion passed.

Motion by Kay, second by Flynn, to delete Item 4 under “Reserves”.  Vote: Yea: Kay.  Nay: Williams, Buttimer, Wilson and Flynn.  Motion failed.

Motion by Kay, second by Flynn, to eliminate Item 6 under “Reserves”.  Vote: Yea: Kay, Flynn and Wilson.  Nay: Williams, Buttimer and Rucker.  Motion failed.

Motion by Flynn, second by Kay, passed unanimously, to change Item 6 under “Reserves” to read “maintain at least $800,000 in the sum of the Restricted Reserve balances (Replacement, New Capital and Road Reserves).”

Vote on the motion to approve the Budget Guidelines for Fiscal Year 2009 as amended passed unanimously.

16.2 Consideration of Capital Requests for Fiscal Year 2009 Budget Planning. (D-08-46)
Motion by Wilson, second by Kay, passed unanimously, to approve the use of the proposed Capital Project Request Report as submitted by the Planning Committee, only for planning purposes in the General Manager’s draft budget for Fiscal Year 2009.

16.3  Consideration of Warden Service Charter. (D-08-47)
Motion by Williams, second by Flynn, passed unanimously, to approve the Warden Service Charter.

16.4  Consideration of Engineering Contract regarding the Main Dam. (D-08-48)
Motion by Kay, second by Williams, passed unanimously, to authorize the General Manager to enter into a contract with Dewberry & Davis for additional dam engineering services, in an amount not to exceed $17,400, to be funded from the Dam Reserves.

17. Scheduled Meetings:
Board Workshop: Wednesday, July 23, 2008 at 2:00 p.m. in the lower level of the Clubhouse.  Agenda to include stormwater management and security needs.
Monthly Board Meeting: Saturday, August 2, 2008 at 10:00 a.m. in the lower level of the Clubhouse.

18. General Member Comments: 
A request to read the preamble to the Budget Guidelines to clarify the budget process; and an inquiry as to the feasibility of LOWA eventually purchasing the six properties currently in our dam inundation zone.

President Rucker responded to Ms. Knepper’s earlier statement regarding a possible violation of the Virginia FOA act relative to issues to be discussed at the upcoming July 10 Executive Session, and assured her that the contracts to be looked at are not related to dam engineering and have not been previously discussed in a public forum.

19. Adjournment:
Motion by Flynn, second by Williams, passed unanimously, to adjourn the meeting at 1:35 p.m.

Peter Williams, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
July 10, 2008, 10:00 a.m, Clubhouse

1. With a quorum present, President Rucker called the meeting to order at 10:00 a.m. in the Clubhouse.

2. Executive Session: 
Motion by Sheridan, second by Kay, passed unanimously, to enter into Executive Session at 10:00 a.m. Motion by Kay, second by Sheridan, passed unanimously, to enter into Open Session at 11:30 a.m., and to affirm that the Board met earlier in Executive Session and only discussed topics regarding personal, personnel, contractual and/or legal matters.

3. Approval of Agenda: Motion by Flynn, second by Kay, passed unanimously, to approve the Agenda.

4. NEW BUSINESS

4.1 Consideration of Request to purchase property. (D-08-49)
Motion by Buttimer, second by Kay, passed unanimously, to authorize the General Manager to enter into a contract for the purchase of the property located at 3409 Germanna Highway in an amount not to exceed $230,000, monies to come from existing FY 2008 funds.

5. Member Comments:  Two members expressed concern about the lack of information about the details and rationale for the purchase of the property.

6. Adjournment: Motion by Wilson, second by Kay, passed unanimously, to adjourn the meeting at 11:45 a.m.

Neil Buttimer, Acting Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
July 23, 2008, 2:00 p.m., Clubhouse

1.  With a quorum present, President Rucker called the meeting to order at 3:19 p.m. in the lower level of the Clubhouse.

2.  Approval of Agenda: Motion by Williams, second by Kay, passed unanimously, to approve the Agenda.

3. New Business

3.1  Consideration of Renewal of insurance policies from Bankers Insurance for the period August 1, 2008 through July 31, 2009. (D-08-50)
Motion by Buttimer, second by Williams, passed unanimously, to approve renewal of LOWA insurance policies as presented by Bankers Insurance for the period August 1, 2008 through July 31, 2009.

4. Member Comments:
One member commented on the recent purchase by LOWA of a property located outside the LOWA boundary on Germanna Highway.

5.  Adjournment:
Motion by Williams, second by Sheridan, passed unanimously, to adjourn the meeting at 3:34 p.m.

Peter Williams, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
August 2, 2008, 10:00 a.m., Community Center

1. With a quorum present, President Eldon Rucker called the meeting to order at 7:30 a.m. in the Community Center.

2. Executive Session: 
 Motion by Kay, second by Williams, passed unanimously, to enter into Executive Session at 7:35 a.m., for the purpose of discussing personal, personnel, contractual and/or legal matters.
 Motion by Flynn, second by Kay, passed unanimously, to enter into Open Session at 10:03 a.m., and to affirm that the Board met earlier today in Executive Session, and only discussed topics regarding personal, personnel, contractual and/or legal matters.

3. Approval of Agenda:
  Motion by Sheridan, second by Williams, passed unanimously, to approve the Agenda as submitted, with the deletion of Item 16.1: Consideration of Capital Requests for the Clubhouse.

4. Approval of Minutes of June 28, 2008, July 10, 2008 and July 23, 2008.
  Motion by Williams, second by Kay, passed unanimously, to approve the minutes of June 28, 2008.
  Motion by Williams, second by Kay, passed unanimously, to approve the minutes of July 10, 2008.
  Motion by Williams, second by Sheridan, passed unanimously, to approve the minutes of July 23, 2008.

5. Report from O.C. District 5 Supervisor:  Mr. Lee Frame reported the Board is in the process of approving fees for various sports activities, and is working to turn over the operation of specific sports leagues from Parks and Rec to the individual groups.
  The land has been cleared for the new Middle School and the plans have been approved. A layout will be published in the Lake Currents.
 They have been working on the “big-box” retail-use guidelines, and will be re-writing the County’s zoning ordinance with input from a new Citizen’s Committee. He is still looking for people from our District who are interested in sitting on this Committee. 

6. Report from O.C. Sheriff’s Office:  Sheriff Mark Amos reported that in July there were 2987 calls for service in the County and 31 from LOW. Sixty-four warrants were served, 1074 civil papers served (94 in LOW), and 22 transports. Two hundred seventy-nine traffic summonses were issued, for a total of 1571 year-to-date. He noted that only 3 of the 31 calls for service in LOW were for actual crimes.

He reported two separate operations in July by the Drug Task Force, which resulted in seizure of marijuana and ecstasy with several parties being charged.
  Both Prospect Heights Middle School and Orange Elementary schools were broken into and technology equipment was stolen. The case remains open. 
  The enforcement of parking regulations at the Bloom parking lot on Rte. 3 has resulted in issuance of many citations for parking in handicap and fire zone areas, but the operation already reduced the number of violations taking place.
  RAD (rape, aggression and defense) training classes will be offered again in the future.

7. Report from Chief of Security:  Chief George Dodson reported that during the month of July there were 70 summonses issued in LOW (9 were boat summonses, 7 of those jet ski violations), and 143 calls for service. There are actually 1886 boats registered, 876 of which are not power boats, a correction to the number reported last month.

Briefly, there were 9 animal complaints (mostly dogs barking), 6 calls to report bear sightings, 7 domestic disputes, 5 noise complaints, 4 summonses issued for fireworks, and vandalism to the girls bathroom at the Clubhouse pool. He reported that Security now has 10 bicycles in storage and encourages members to call Security if they are missing a bike. There were a handful of minor vandalism incidents.

8. Report from LOW Fire & Rescue:  Joe Argenzio reported that in July, the Fire Department responded to 36 calls, including 5 auto accidents, 1 auto fire, 4 brush fires, 8 EMS assists, 5 fire alarms, 4 structure fires and 1 water rescue. The Rescue Report was not yet available. Mr. Argenzio explained that the cancellation of the July 5 Festival was necessary due to the forecast of severe storms.   

9. Report from Orange County School Board Representative:  No report was available.

10. Reports of Officers:
  President Rucker announced that storm water management needs were discussed at the July 23 Workshop, with legal counsel reviewing both member and Association responsibilities relative to easements and ditches. Maintenance staff and volunteers will gather information on drainage problems in the fall, the Board will work with the County on policy and interface, and the Maintenance and Ecology Committee will focus on our regulatory documents. Security needs were also discussed, and this will be followed up internally rather than hire a consultant.
  He reported he plans to prepare a status report on the Board’s goals for this past year to determine how successful the Board has been in meeting their objectives.
  Mr. Rucker thanked John Bailey and the Association staff for their support during his tenure on the Board, his fellow Board members for their hard work, and LOWA members for their support also. He said he is optimistic about a satisfactory resolution for our dam issues.

  Motion by Buttimer, second by Kay, passed unanimously, to accept the appeal of and dismiss the charge against Robert Schroeder.
  Motion by Buttimer, second by Kay, passed unanimously, to bar Edgardo Caraballo, Louise Desilets, Cynthia Douglas, Catherine Jones, Nolan Kellington, Arthur Milan, Jr., Alexander Eucare, Jr., and Zurita Wilder from LOW until their fines are paid in full.
  Motion by Buttimer, second by Sheridan, passed unanimously, to suspend the driving privileges within LOW of Victoria Bartholomew, Zachary Hancook, Robert Kerrigan, Jeffery Smith and Kathleen Washington for a period of 30 days.
  Motion by Buttimer, second by Williams, passed unanimously, to suspend the driving privileges within LOW for Kim Peterson and Christopher Ryan until such time as they can show proof of a valid driver’s license, and for a period of 30 days thereafter.

  Motion by Sheridan, second by Kay, passed unanimously, to approve the following Committee changes:  (D-08-51)

  Treasurer Buttimer’s Report for the two-months ending June 30, 2008 is attached as (D-08-52). He reviewed the new changes that have been made to the information reported and gave a short summary of highlights, including investments, assets, liabilities and current equity.

   Secretary Peter Williams advised owners of multiple lots to contact Administration if they did not receive the correct number of ballots for the Board election. He suggested members insure the flap that has their name, lot and section number on it is attached to their ballot, or the ballot cannot be validated.      

11. Report of General Manager: John Bailey reported that the Division of Dam Safety in Richmond continues to review our engineering submissions. 
  The 2009 Budget process is underway, with final budget drafts due in September.
   He reported that there have been several bear sightings in the lake over the past couple of weeks. Members are asked to remove their bird feeders and move trash cans and pet food inside to eliminate food sources. 
   The gas at the marina now contains 10% ethanol, which has become a federal mandate. Members are encouraged to follow their boat-owner manuals relative to appropriate fuel requirements. The convenience surcharge for gas at the Marina has been reduced from 25% to 18%.

12. Report of Legal Counsel: Mr. Wilkinson reported on the status of 1303 Lakeview Parkway, where the owner went into bankruptcy several years ago. The case has been converted to a liquidation Chapter 7 case, and he asked the Board today for permission to take the appropriate measures necessary to protect the assessments due and enforce the provisions of the LOWA Covenants and Regulations applicable to that lot.

   Motion by Wilson, second by Kay, passed unanimously, to authorize LOWA legal counsel to take all appropriate legal actions to collect amounts due and to enforce other provisions of the Covenants and Regulations against the owners of Lot 95, Section 10, and Lot 257, Section 9.  

13. Committee Reports: 
    Steve Cakouros, Chair of the Safety and Security Committee reported that the Committee recommended setting the speed limit on dead-end roads and cul-de-sacs at 15 mph. The Rules Committee agreed, but the proposal was disapproved by the M&E Committee. He asked the Board to address this matter, which has remained unresolved for over a year.
    The Committee submitted a recommendation last November that members be required to post house numbers, but the Rules Committee did not agree, so he asked the Board to consider their recommendation that house number posts be required at lot property lines as part of resale transactions.
   Des Flanagan is heading the Warden Program, and needs volunteers for training. 
   Rear gate live-camera service has been rescheduled for this Wednesday with Verizon.
   The Committee continues to be concerned with response delays by the Sheriff’s Department. Prompt animal control is one issue in need of more timely response. Two new deputies on staff may help in this regard.
   Speeding continues to be monitored, showing there is still a small percentage of cars being driven at excess speed. Mr. Cakouros reviewed some recent statistics from three days of monitoring on Mt. Pleasant.
   LOW continues to have a very low crime rate when compared to the surrounding county.
   Supervisor Lee Frame commented that the Sheriff’s office does provide an appropriate ratio of law enforcement presence based on the level of crime in our area when compared to other Orange County districts.
   Fire and Rescue Chief Joe Argenzio emphasized the importance of house number signs to Fire and Rescue operations.  

14.  Member Comments on Business Agenda: There were no comments.

15. UNFINISHED BUSINESS
 
15.1 Consideration of Additional Funding for the Potomack Group. (D-08-53)
    Motion by Williams, second by Kay, passed unanimously, to authorize the GM to enter into a contract with the Potomack Group for consulting services, in an amount not to exceed $12,000, monies to be expensed from the Contingency Fund.

16. NEW BUSINESS

16.1 Consideration of Capital Requests for the Clubhouse.  (This item was removed from the agenda.)

   Assistant Manager of Operations Ted Wessel reviewed the Quality Management Program, reporting that since the GAP report was issued, a Quality Management Council was formed, a Charter for the group adopted, a policy statement issued, and an orientation session given for the Council and Board members. After that, a process evaluation was done for the Maintenance Department and reports have been written.

To date, the Board has authorized $19,460 towards this effort, with $17,060 already expended. The additional $12,000 approved today will be used for training to write job descriptions, training for process evaluations, and to write up procedures. This also includes Maintenance-related projects to delineate the scope of functions and services, develop a reorganization plan, develop a resource needs and implementation plan, and a process evaluation for the Holcomb building.

17. Scheduled Meetings:
Board Workshop: Wednesday, August 20, 2008 at 2:00 p.m. in the lower level of the Clubhouse. Agenda to include: Campgrounds Committee reconstitution; funding issues of the Germanna property and Clubhouse capital improvements.  There will be an Open Session.
Annual Meeting of the Membership: Monday, September 1, 2008 at 10:00 a.m. in the Community Center.
Board Reconstitution Meeting, Wednesday, September 3, 2008 at 10:00 a.m. in the Woods Center.

18. General Member Comments:  One member was concerned about the safety of our
bank deposits and passed out CD investment information to the Board. He also recommended the Board consider discussing silt mitigation ponds on the property of a farmer on Rte. 601, who previously stated his willingness to cooperate. One member made further inquiries on the lack of details released relative to the purchase of a property on Germanna Highway. A member expressed the need for members to respect the discretion of the Board in situations requiring sensitivity to legal issues, noting the need to delay full disclosure of information when it is in the best interests of the Association. Concern was expressed about bank foreclosures, and one member inquired as to how we insure the safety of our investments with Wachovia.

The Chairman of the M&E Committee thanked the Board members and the General Manager and his staff for their support of M&E this past year. 
 
19. Adjournment:     Motion by Kay, second by Williams, passed unanimously, to adjourn the meeting at 11:57 a.m.

Peter Williams, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
August 20, 2008, 1:00 p.m. Community Center

1. Executive Session
   President Rucker called the meeting to order at 1:00 p.m. in the Community Center.
   Motion by Williams, second by Kay, passed unanimously, to enter into Executive Session at 1:01 p.m., for the purpose of discussing several personal, personnel, contractual and/or legal matters.  As usual, no votes were taken.
   President Rucker adjourned the Executive Session at 1.55 p.m.

2.  Board Workshop: President Rucker convened the Board Workshop at 2.00 p.m.
Discussion took place concerning RSA’s future plans for the LOW vacuum sewer system, and funding for previous Board-approved items.

3. Open Session
    Motion by Kay, second Williams, passed unanimously, to enter into Open Session at 3:10 p.m.

4. NEW BUSINESS

4.1 Consideration of Clubhouse Capital Improvements.
      Motion by Kay, second Williams, passed unanimously, to approve the proposed Clubhouse Capital Improvements.
     Motion by Sheridan, second Kay, passed unanimously, to table the motion.

5. Adjournment:
    Motion by Williams, second Buttimer, passed unanimously, to adjourn the meeting at 3:20 p.m.

Peter Williams, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Minutes of the Thirty-eighth Annual
Meeting of the Membership
September 1, 2008, 10:00 a.m., Community Center

Call to Order

   With a quorum present, the Thirty-eighth Annual Membership Meeting was called to order at 10:03 a.m. by President Eldon Rucker in the Community Center.

Opening Remarks and Introduction

    President Rucker opened the meeting by recognizing the service of past Presidents of LOWA.  He thanked the Board members, the General Manager, Legal Counsel and Committee Chairs and volunteers for their assistance and service to LOWA and the community this past year.
   He reminded members that 12 Noon would mark the close of voting for the Board of Directors election.
   Mr. Rucker provided a short summary of facility, infrastructure and administrative changes and accomplishments this year, giving special acknowledgement to several LOW organizations for their contributions to the success of a number of projects. He then reviewed the key accomplishments of the LOWA committees.
   On behalf of the Association, President Rucker then presented a check for $30,000 to Joe Argenzio, President of LOW Volunteer Fire and Rescue, Inc.
    The LOWA Board presented Mr. Rucker with a LOW photo collage by resident artist Bob Gibson in appreciation of his service on the Board.

Reports of Officers and General Manager

   Vice President Tom Sheridan reviewed his experience this past year working to staff the various committees, noting there are currently 188 committee members.  He reminded members that Committee agendas are posted on Channel 18 three days prior to scheduled meetings, and Committee minutes can be found on the website. Committee volunteers are always needed.

  Treasurer Neil Buttimer gave a short overview of the current financial condition of LOWA, which remains solid.  Both the golf course and Clubhouse are operating profitably.  He quoted LOWA as having $9.3 million in total assets, $1.5 million in current liabilities, and $14.2 million in total equity.

   Secretary Peter Williams reminded members that voting for the Board Election ends today at noon.  He reported that there were four “Coffee with the Board” gatherings this past year for members to meet with the Board, with some mixed results on attendance.

   General Manager John Bailey gave his annual report on the accomplishments and status of the Operations Centers throughout the community.  He also reviewed the various ongoing capital projects, including roads, parks/playgrounds, lake rules and enforcement, dredging, pool operations, tennis courts, campgrounds and RV storage.

   Mr. Bailey provided a synopsis of recent correspondence with the Virginia Division of Dam Safety and developments regarding the upgrade status of our main dam since our latest submission of emergency evacuation capabilities and an incremental damage analysis.  The LOWA Board and Administration will continue their efforts to reach a satisfactory course of action.

   He announced that the Board will meet again on September 8, 2008 at 3:00 p.m. 

Honor Awards Committee Presentation

   Honor Awards Committee Chair Joyce Haring presented the annual awards to selected LOWA members in recognition of their outstanding service to the community as follows:

   Director Service Awards:  Eldon Rucker and Jeff Flynn
   Warren J. Lodge Award for Excellence:  William Nowers
   Distinguished Service Award: Betty Beck
   Outstanding Service Award: Hank Lewis
   Outstanding Youth Awards:  Robert Davis, Keegan George, Daniel Hawkins and Amanda Neely
   Certificates of Appreciation: Patricia Cope, Norma Ervin, Desmond Flannigan, Inez Hollm, Ken Kaltenmark and Boyce and Carolyn Wray 

Open Forum (Member Questions)

   President Rucker and General Manager John Bailey answered several questions on a variety of issues that were submitted in writing by members present at the meeting.

Close of Voting for Election of Board Members

   President Rucker announced that voting for the Board Member election will close at 12:00 noon today.

Adjournment

   The meeting was adjourned by President Rucker at 11:47 a.m.

Peter Williams, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
BOARD OF DIRECTORS MEETING
September 3, 2008, 10:00 a.m., Woods Center

1. Call to Order
With a quorum present, President Rucker called the meeting to order at 10.00 a.m. in the Woods Center.

2.  Approval of Agenda
Motion by Williams, second by Kay, passed unanimously to approve the agenda as submitted.

3. Certification of Election Results
President Rucker called upon Secretary Williams, as Board liaison to the Elections Committee, to present the results of the 2008 Board of Directors election as certified by the Chairman of the Elections Committee and the Board Secretary and reported in their memo dated September 2, 2008 (D-08-54).  The results were as follows:

Mrs. Darby and Mr. Flynn were elected to the LOWA Board of Directors, each to serve a three-year term.
Motion by Buttimer, second by Kay, passed unanimously, to certify the election results as reported.
Mr. Rucker invited the new Board members to be seated.

4.  Election of Officers
Mr. Rucker asked for nominations for President of the Board.
Motion by Kay to nominate Bill Wilson for President of LOWA.  Motion by Buttimer to nominate Tom Sheridan. By written ballot, Mr. Wilson was elected LOWA President by a vote of 4 to 3.

Mr. Rucker then retired after handing the Chair over to President Wilson.
Motion by Kay to nominate Jeff Flynn for Vice President. Motion by Buttimer to nominate Tom Sheridan for Vice President. By written ballot, Mr. Flynn was elected LOWA Vice President by a vote of 4 to 3.

Motion by Darby to nominate LOW member Olive Kelly for Treasurer. Motion by Williams to nominate Neil Buttimer for Treasurer. By written ballot, Ms. Kelly was elected LOWA Treasurer by a vote of 4 to 3.

Motion by Flynn to nominate Margaret Darby as Secretary.  There being no other nominations, Mrs. Darby was unanimously elected LOWA Secretary.
(Outgoing Secretary Peter Williams agreed to record the rest of the minutes of the meeting.)

5.  President’s Remarks
President Wilson complimented General Manager John Bailey, Assistant General Manager of Operations Ted Wessel, and Controller Dorothy Isenberg for their work on behalf of the Association. 

He then outlined some his goals for the coming year and invited each of the Board members to put forward their own desired goals for the Board.

6.  Appointment of Committee Liaisons
Board members were invited to choose their preferred committee liaisons for the year.  Assignments were accepted as follows: Mr. Wilson: Honors & Awards; Mr. Williams: Communications, Rules, and Safety & Security; Mr. Sheridan: Elections, Golf, and Planning; Mr. Buttimer: External Affairs, Pools & Fitness, and Youth Activities;
Mr. Kay: Equestrian, Finance, and Maintenance & Ecology; Mr. Flynn: ECC, Lake Users, and Tennis; Mrs. Darby: Clubhouse and Legal & Compliance.

7.  Scheduled Meetings
Board Workshop: Thursday September 18, 2008 at 2:00 p.m. in the Woods Center.
Monthly Board Meeting: Saturday October 4, 2008 at 10:00 a.m. in the Community Center.

8.  Adjournment
Motion by Williams, second by Buttimer, passed unanimously, to adjourn the meeting at 10:33 a.m.

Peter Williams, Acting LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
October 4, 2008, 10:00 am, Community Center

1. With a quorum present, President Bill Wilson called the meeting to order at 8:00 a.m. in the Community Center.

2. Executive Session: 
Motion by Flynn, passed unanimously, to enter into Executive Session at 8:01 a.m. for the purpose of discussing several personal, personnel, contractual and/or legal matters.

Motion by Kay, second by Williams, passed unanimously, to enter into Open Session at 10:03 a.m., and to affirm that the Board met earlier today and on August 25, 2008, August 31, 2008, September 8, 2008, September 18, 2008, and September 26, 2008 in Executive Session, and only discussed topics regarding personal, personnel, contractual and/or legal matters.

President Wilson asked for a moment of silence in memory of Security Officer Beth Leizear who died this past weekend while on duty.

3. Approval of Agenda:
Motion by Sheridan, second by Kay, to approve the Agenda as submitted.
Motion by Buttimer, second by Sheridan, to add Item 16.5: Consideration of Reserve Carry-over Funds. Vote on original motion to approve the agenda as amended was unanimous. 

4. Approval of Minutes of August 2, 2008, August 20, 2008, September 1, 2008 and September 3, 2008.
Motion by Williams, second by Kay, passed unanimously, to approve the minutes of August 2, 2008.
Motion by Williams, second by Buttimer, passed unanimously, to approve the minutes of August 20, 2008.
Motion by Williams, second by Kay, passed unanimously, to approve the minutes of the September 1, 2008 Annual Meeting of the Membership.
Motion by Williams, second by Kay, passed unanimously, to approve the minutes of the September 3, 2008 Board Reorganization Meeting.
Motion by Darby, second by Flynn, passed unanimously, to permanently bar Phillip Taylor from entry into LOW.

Motion by Darby, second by Buttimer, passed unanimously, to bar Laurel Barker, Alyssa Deiters, William Satterwaite, Stephen Lipscomb, Mento Long, Bruce Perry and Thomas Lewis from LOW until their fines are paid in full.

Motion by Darby, second by Buttimer, passed unanimously, to suspend the driving privileges within LOW of Kalob Davidson and Raymond Dietrick for 30 days.

Motion by Darby, second by Sheridan, passed unanimously, to suspend the driving privileges within LOW for Marcus Crane, Karen Melcho and Maria Ward until each can show proof of a valid driver’s license, and for 30 days thereafter.

Motion by Darby, second by Buttimer, passed unanimously, to suspend the driving privileges within LOW of Amanda Leaf for one year.  

5. Report from O.C. District 5 Supervisor:  Supervisor Lee Frame reported that as of October 1 Orange County will be paying for the insurance for all the Fire and Rescue stations in the County, which will save money for each of the individual units. 

It was noted that there was a gap in real estate tax payments for new homebuyers, which will be closed.
Orange County has updated their dangerous dog ordinance to be consistent with the new state law governing same.  They have also updated the OC proffer policy, with the suggested proffer fee schedule increased significantly for property requiring rezoning.
There has yet to be an application filed by Wal-mart for a special use permit for a proposed store at Rtes. 3/20.

6. Report from O.C. Sheriff’s Office:  Sheriff Mark Amos reported during the month of September there were 2544 calls for service in Orange County, 16 transports, 954 civil papers served, 49 warrants served, and 104 summonses.  In LOW, there were 38 calls for service and 84 civil papers served.  He reported that LOW has been quiet for the past two months, but that there was a murder and an armed robbery about 5 miles outside of Orange. The Department is also working on an animal cruelty case involving nine horses, two of which died.  He alerted residents to a scam being run by three males in a red truck, who claim the need to access homes to repair water pipes, and then proceed to steal money and valuables from unwary homeowners. 
  
7. Report from Chief of Security:  Chief George Dodson reported that during the month of September there were 110 summonses issued in LOW and 146 calls for service. There were 6 noise complaints, 11 parking violations, 9 house alarms, 5 domestic disputes, 9 animal complaints, 4 welfare checks, 11 member assists, 3 auto accidents with two summonses issued, and 5 incidents of vandalism.  Mr. Dodson noted the death of officer Beth Leizear last Saturday from an unfortunate auto accident while on duty. 
  
8. Report from LOW Fire & Rescue:  Joe Argenzio reported that in September the Fire Department performed 9 EMS assists and responded to one tree down, three structure fires, six MVA’s, two chopper landings, and one vehicle fire.  There were 40 calls to
Rescue from LOW and 41 from Orange County. 
Fire and Rescue provided round-the-clock support to the Leizear family at the time of officer Beth Leizear’s accident.  A fund has been started to help the family, especially to meet the needs of the children involved.

9. Report from Orange County School Board Representative:  No report was available.

10. Reports of Officers:
President Wilson announced he has established a working group to examine the expenses and revenues of the Community Center, to be chaired by Jeff Flynn. Other members are Neil Buttimer, Hank Lewis, Jim Drabant, Dave LeMay and Ted Wessel. Their next meeting is scheduled for October 14 at 3:00 p.m. in the Community Center.

He reported that the LOW Board is entering into discussions with the Fire and Rescue Board concerning the future use of the land between the Holcomb Building and the new Fire and Rescue building.

Members have asked for a “straw poll” on some issues. The Board will test the straw poll in the Lake Currents with the proposal to put a short driveway between the pool and basketball court and turn the basketball court into parking for the Clubhouse. He recognizes that the straw poll is not an accurate poll, but will test it and see what happens.  Member input on this idea would be appreciated. 

Motion by Flynn, second by Sheridan, passed unanimously, to approve the following Committee changes:  (D-08-55)

The Secretary had no report.
 The Treasurer’s Report for the four-months ending August 31, 2008 is attached as (D-08-56).

President Wilson introduced new Treasurer, Olive Kelly, to the members. Briefly, she reported that in spite of the recent banking crisis, LOWA funds are insured and safely invested in CD’s. Our cash position was healthy at the end of August.

A new profit and loss report will appear in Lake Currents, a condensed version of what has been published in the past that should be easier for members to understand.  

11. Report of General Manager: GM John Bailey reported that parking lot lights have been installed at the Woods Center. Fareways grill will have a daily hot lunch special, and hours will be cut back to 8 am to 5 pm for the fall and winter season. 

Orange County wants to expand programming options in our area, and the LOWA staff is reviewing our cable franchise services and costs with them.

The budget preparation process continues, and the Soil and Water Conservation Board has issued another 4-month extension to the permit for operation of our main dam while LOWA pursues assistance from Governor Tim Kaine and other state lawmakers and officials. 

12. Report of Legal Counsel: Mr. Wilkinson had no report.

13. Committee Reports:
External Affairs Chair Doug Crain reported that his Committee is working with Virginia Regional Transit on public transportation needs in northeastern Orange County. They are in the process of developing appropriate routes for fare pricing, where some percentage of the cost would be picked up locally through matching funds. He would appreciate comments from interested members on any aspect of this project.

Karen O’Donnell of Youth Activities Committee reported a Yahoo group page has been started as a way to communicate with families and share information on area activities.  The Halloween “Treats on the Point” event is planned again this year at 5 p.m. on Halloween for an hour, and members are encouraged to attend. 

14.  Member Comments on Business Agenda:
One member reminded the Board that the 2009 approved budget guidelines limited payroll increases to 4%, and expressed concerns that this might be exceeded if new staff positions are authorized. Another member asked the Board to allow members time to comment when new items are added to the agenda, and President Wilson agreed time would be allowed in such cases. One member distributed a package of information to the Board members.

15. UNFINISHED BUSINESS  There was no unfinished business.

16. NEW BUSINESS

16.1 Consideration of Renewal of LOWA Employee Benefits Programs. (D-08-57)
Motion by Williams, second by Kay, passed unanimously, to approve the LOWA Employee Benefits Package for November 1, 2008 through October 31, 2009.

16.2 Consideration of New Personnel Positions for FY-2009 Budget. (D-08-58)
Motion by Buttimer, second by Sheridan, to accept the inclusion of new personnel positions in the proposed FY-2009 budget, in accordance with the General Manager’s recommendation.

Motion by Buttimer, second by Kay, to amend the motion to read “inclusion of four new personnel positions”. Vote: Yea: Sheridan, Darby, Buttimer, Williams, and Kay. Nay: Flynn.  Motion to amend passed 5 to 1. Vote on the original motion as amended: Yea: Sheridan, Darby, Buttimer, Williams and Kay. Nay: Flynn.  Motion passed 5 to 1.

16.3 Consideration of Clubhouse Kitchen Upgrades. (D-08-59)
Motion by Darby, second by Buttimer, passed unanimously, to authorize up to $112,000 from the FY-2008 Replacement Reserves for Clubhouse kitchen upgrades.

16.4 Consideration of Funding for Reserve Study. (D-08-60)
Motion by Buttimer, second by Williams, passed unanimously, to authorize the General Manager to use up to $10,000 from the FY-2008 Replacement Reserves to complete a Reserve Study. 

16.5 Consideration of Reserve Study Carry-over Funds. (D-08-61)
Motion by Buttimer, second by Kay, passed unanimously, to approve the General Manager’s proposal to carry-over to FY-2009 certain previously-approved projects, and to transfer unspent approved reserve project funds back into the Restricted Reserves.

Motion by Kay, second by Williams, passed unanimously, to amend the list by moving the $25,000 for the design study on the Clubhouse Fitness/Pool back into the reserves rather than in the FY-2009 rollover. 
Vote on the original motion as amended was unanimous.

17. Scheduled Meetings:
Board Workshop: Wednesday, October 15, 2008 at 2:00 p.m. in the lower level of the Clubhouse. 
Monthly Board Meeting, Saturday, November 1, 2008 at 10:00 a.m. in the lower level of the Clubhouse. (Note change in location.)

18. General Member Comments: One member asked for more information on the handling of cost savings in the new budget, and another member requested that a notice sign, similar to that at the front gate, be installed at the back gate due to increased traffic in that location.

19. Executive Session:
Motion by Kay, second by Buttimer, passed unanimously, to adjourn the Open Session portion of the meeting and enter into Executive Session at 11:50 a.m.

Motion by Williams, passed unanimously, to adjourn the Executive Session at 12:50 p.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
October 22, 2008, 9:00 a.m., Woods Center

1. With a quorum present, President Wilson called the meeting to order at 9:00 a.m. in the Woods Center.

2.  Approval of Agenda:
Motion by Darby, second by Williams, passed unanimously to approve the Agenda as submitted.

3. NEW BUSINESS

3.1 Consideration of FY 2009 Budget Directive.
Motion by Kay, second by Flynn, to revise the FY 2009 budget guidelines to include the following: “The FY 2009 assessment shall not exceed the FY 2008 assessment.”
Vote: Yea: Kay, Flynn and Darby.  Nay: Williams, Sheridan and Buttimer.

President Wilson broke the tie with a vote of  “Nay”.  Motion failed.  President Wilson stated that this will be a goal for the GM.

3.2  Consideration of the Position of Operations Assistant/Activities Coordinator.
Motion by Buttimer, second by Williams, to proceed with hiring someone to fulfill
The duties of Operations Assistant according to the job description dated October 21, 2008.

Motion by Kay, second by Flynn, to table the motion.
Vote to table the motion: Yea: Darby, Flynn and Kay.  Nay: Buttimer, Sheridan and Williams.  President Wilson broke the tie by voting to table the motion.

4.  Adjournment:
Motion by Kay, second by Darby, passed unanimously, to adjourn at 9:30 a.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
November 1, 2008
10:00 a.m., Clubhouse

1. With a quorum present, President Bill Wilson called the meeting to order at 8:00 a.m. in the Clubhouse.

2. Executive Session: 
Motion by Sheridan, second by Williams, passed unanimously, to enter into Executive Session at 8:01 a.m. for the purpose of discussing several personal, personnel, contractual and/or legal matters.

Motion by Buttimer, second by Williams, passed unanimously, to enter into Open Session at 10:02 a.m., and to affirm that the Board met earlier today and on October 15, 2008 and October 30, 2008 in Executive Session, and only discussed topics regarding personal, personnel, contractual and/or legal matters.

3. Approval of Agenda:
Motion by Flynn, second by Buttimer, to approve the Agenda.
Motion by Buttimer, second by Kay, passed unanimously, to amend the agenda by adding Item 15.1: Consideration of an Operations Assistant, under Unfinished Business.
Vote to approve the agenda as amended was unanimous.

4. Approval of Minutes of October 4, 2008 and October 22, 2008.
Motion by Darby, second by Kay, passed unanimously, to approve the minutes of October 4, 2008.
Motion by Darby, second by Williams, passed unanimously, to approve the minutes of October 22, 2008.

Motion by Darby, second by Buttimer, passed unanimously, to bar Joshua Brady, Grey Brown, Kenneth Carter, Dervon Gaskins, Jason Goodman, Gary Robinson, Keith Snelling and Brendan Tighe from LOW until their fines are paid in full.

Motion by Darby, second by Kay, passed unanimously, to suspend the driving privileges within LOW for George Spiece, Melissa Baker, Krisna Early, Bethany Hanshaw and Michael Mohr for a period of 90 days.

Motion by Darby, second by Williams, passed unanimously, to suspend the driving privileges within LOW of David Barnard, Robert Kerrigan and Justin Kromholtz for a period of 180 days.

Motion by Darby, second by Buttimer, passed unanimously, to suspend the driving privileges within LOW of Kelly Self until she shows proof of a valid license.

Motion by Darby, second by Williams, passed unanimously, to suspend the driving privileges within LOW of Ryan Smith until he shows proof of a valid license and for 90 days thereafter.

Motion by Darby, second by Williams, passed unanimously, to suspend the driving privileges within LOW for Langley Williams until he shows proof of a valid license and for 180 days thereafter.

Motion by Darby, second by Kay, passed unanimously, to deny the appeal of Kimberly Lux.

Motion by Flynn, second by Kay, passed unanimously, to approve the following Committee changes:  (D-08-62)

Member                      Status              Committee
Robert Moore              Voting              Safety and Security
Charlie Smoot              Suspended       LCC
Stacy Buchanan            Alternate          Safety and Security
Joan Hartevelt              Voting              ECC

5. Report from O.C. District 5 Supervisor: 
Supervisor Lee Frame reported that the new Orange County Subdivision Ordinance passed which limits the number of by-right subdivisions, and could result in more land going into “land use” status. He mentioned the recent presentation by Wal-mart to the Civic Club regarding their plans for a store in our area.

He reported fees have been raised at the landfill for dumping by the ton, and the tire fee is now $2.50, up from $1 each.  Supervisors are also reconsidering construction of a new landfill versus their decision last year to adopt a transfer station in light of high gas prices and distance trucking costs associated with transportation.

A public hearing has been scheduled for the Central Virginia Regional Jail Authority to address expanding the jail and issuing bonds for financing the addition.

The County Budget Hearing schedule is being set up. The next Supervisors meeting will be held here in LOW.

6. Report from O.C. Sheriff’s Office:  No report available.
  
7. Report from Chief of Security:  George Dodson reported that during the month of October, there were 134 summonses issued and 203 calls for service. There were 12 domestic disputes, four 911 hang-ups, 24 assists, 4 false house alarms, 21 animal complaints with only one summons, 4 welfare checks, 9 noise complaints, and 15 calls reporting political yard signs stolen. There was one DUI arrest and one “shots fired” arrest. Juveniles doing damage at Sweetbriar Park were remanded to their parents. There was one bicycle accident, and a three-car accident at the front gate.

8. Report from LOW Fire & Rescue:  No report available.

9. Report from Orange County School Board Representative:
School Board Representative Jim Hopkins reported that they are accepting applications for a new Superintendent of Schools. There are currently nine qualified bidders being considered for construction of the new middle school. Members interested in learning about the design and building of the school are encouraged to attend the PTO meeting at Locust Grove Elementary School on November 10 at 7 p.m.

10. Reports of Officers:
President Wilson read a summary of the issues considered by the Board relative to moving LOWA’s bank accounts and the Community Center loan from Wachovia to Stellar One bank.  A new loan with Stellar One could save LOWA around $20k in the first year due to a lower interest rate.

The Secretary had no report.
The Treasurer’s Report for the five-months ending September 30, 2008 is attached as (D-08-63).

Treasurer Olive Kelly shared some thoughts on the impact the current economic slowdown is likely to have on LOWA’s budget, noting it is necessary for LOWA to take whatever steps it can to cut costs. Operating revenue is trending downward.  Members were encouraged to support our amenities, especially the Clubhouse. 

Treasurer Kelly reviewed our past relationship with Wachovia, and provided the rationale for making the change to Stellar One. She summarized the types of accounts and subaccounts we will have and how they will be handled through Stellar One to maximize return on our investments.  

11. Report of General Manager: GM John Bailey reported that LOWA maintenance is preparing to inspect properties within the lake for relocated and/or malfunctioning stormwater drainage easements as part of the stormwater management initiative.  Site inspections will start on Monday, November 3. Inspection criteria still need to be finalized.  Our Erosion and Sediment Inspector, Jessica Graves, will be speaking at the November 19 Board Workshop.  Drainage easement areas of concern will be discussed with Orange County. A grant could be available through the Chesapeake Bay Stewardship Fund for stormwater management initiatives we take in our community.  Mr. Bailey asked for additional volunteers to perform easement, culvert/ditch inspections who have knowledge or experience in drainage systems, erosion control and/or construction. 

The 2009 LOWA budget process continues. The Finance Committee will meet on Monday night to discuss proposed changes to the budget, with a public hearing on November 22.

Operations Manager Ted Wessel reported that the Quality Management Council will be giving a report to the Board at the November Board Workshop, which will include recommendations for short-term action. The results of the IT survey and recommendations issuing from that will also be released. The Reserve Study is expected to be completed in January.

12. Report of Legal Counsel: Mr. Wilkinson had no report.

13. Committee Reports: There were no Committee reports.

14.  Member Comments on Business Agenda:
One member questioned whether the process being used to change banks is consistent with LOWA By-laws and whether we have obtained any other written competitive bids from other banks, also noting a recent Investment Committee meeting was opened to members. Another member was glad to see we were now doing business with a bank in Orange County, but cautioned it may be premature to pay off this loan when we do not yet know the financial impact of dam upgrades, and that the terms of the replacement loan are unknown to our members.  Another member asked the Board to table the vote on Item 16.4: Consideration of Paying Wachovia Loan, for several reasons, including incomplete due diligence.

15. UNFINISHED BUSINESS

15.1 Consideration of an Operations Assistant.  (D-08-64)
Motion by Buttimer, second by Kay, passed unanimously, to remove from the table the motion to hire an Operations Assistant.

Motion by Buttimer, second by Williams, passed unanimously, to direct the General Manager to proceed with hiring someone to fulfill the duties of Operations Assistant according to the job description dated October 21, 2008.

16. NEW BUSINESS

16.1 Consideration of New Regulation Requiring House Number Posts. (First Reading)
Deleted from agenda.

16.2 Consideration of Closure of Small Lake Management Reserve Fund. (D-08-65)
Motion by Kay, second by Buttimer, passed unanimously, to close the Small Lake Management Reserve Fund, and direct that the balance of $1245 be transferred to the Undesignated Reserve Account.

16.3 Consideration of Advertising Policy for Lake Currents.(D-08-66)
Motion by Williams, second by Buttimer, passed unanimously, to adopt the Advertising Policy for Lake Currents as stated in the memo submitted from the Communications Committee to the Board of Directors.

16.4 Consideration of Paying-off the Wachovia Loan. (D-08-67)
Motion by Kay, second by Flynn, to refinance Community Center loan with Stellar One Bank and pay off the existing loan with Wachovia Bank.

Vote on the motion: Yea: Kay, Flynn, Darby and Buttimer. Nay: Sheridan and Williams. Motion passed.

Motion by Kay, second by Williams, passed unanimously, to obtain a Line of Credit with Stellar One bank. 

17. Scheduled Meetings:
Board Retreat: Friday, November 7 in the Clubhouse. (Closed to members)
Board Workshop: Wednesday, November 19, 2008 at 2:00 p.m. in the lower level of the Clubhouse
Public Hearing on the FY09 Budget, Saturday, November 22, 2008 at 10:00 a.m. in the Clubhouse Great Hall 
Monthly Board Meeting, Saturday, December 6, 2008 at 10:00 a.m. in the lower level of the Clubhouse

18. General Member Comments: One member asked for an update on the status of the dam.  Another member asked for information on our current total cash/investment position.

19. Adjournment:  Motion by Kay, second by Buttimer, passed unanimously to adjourn the meeting at 11:57 a.m. 

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
December 6, 2008, 10:00 a.m., Community Center

1. With a quorum present, President Bill Wilson called the meeting to order at 8:00 a.m. in the Community Center.

2. Executive Session: 
    Motion by Flynn, second by Williams, passed unanimously, to enter into Executive Session at 8:10 a.m.
    Motion by Buttimer, second by Williams, passed unanimously, to enter into Open Session at 10:00 a.m., and to affirm that the Board met earlier today in Executive Session, and only discussed topics regarding personal, personnel, contractual and/or legal matters.

3. Approval of Agenda: Motion by Sheridan, second by Kay, passed unanimously, to approve the Agenda.

4. Approval of Minutes of November 1, 2008.  Motion by Darby, second by Kay, passed unanimously, to approve the minutes of November 1, 2008. 

5. Report from O.C. District 5 Supervisor:  Supervisor Lee Frame reported that the county passed a new policy on ambulance transports, which will require patients be taken to the nearest appropriate medical facility. This policy will not affect LOW residents as much as residents in other areas of the county, and may insure more timely response to emergency calls overall.

The Supervisors will decide soon if Orange County will join the Central Regional Virginia Jail Authority in an effort to consolidate services.  A jail authority could reduce our incarceration costs.  
A manhole has been sealed near the Clubhouse in an effort to eliminate an odor many residents have noticed.  The area will be monitored to see if this action solves the problem.

It is estimated Orange County residents recycle about 21% of recyclable waste. The county would like to create more convenient compactor sites to improve the county recycling rate. Supervisor Frame invited the LOWA Board to advise whether LOW wishes Orange County to expand the present recycling site in LOW, which will require more land, or recommend that the site be moved to the new middle school location on Rte. 601.
 
6. Report from O.C. Sheriff’s Office: 
  Sheriff Mark Amos reported that in November there were 2823 calls for service in Orange County, 46 warrants served, 11 transports, 791 civil papers served and 259 traffic summonses issued.  In LOW, there were 58 calls for service and 78 civil papers served. Thirty-three tickets were issued during traffic detail on Route 3.

The Sheriff reported that indictments were handed down against two Louisa residents for several store break-ins and thefts on August 30; much of the stolen property was recovered.  A 23-year-old Maryland man has also been arrested in connection with an armed robbery/abduction case.
  Two new employees will be graduating from the Academy on December 19 and will be added to the County staff in the areas of patrol and animal control. 
  
7. Report from Chief of Security:  Security Chief George Dodson reported that during the month of November there were two soliciting complaints, with one summons issued. There were 24 animal complaints, mostly of barking dogs and dogs-at-large, wherein one resident received 3 summonses.  There were 18 assists, six 911 hang-ups, 11 noise complaints, 7 house alarms (all OK), 5 domestic disputes with no arrests, and a child who was bitten by the family dog.  There was a fire in Sweetbriar Pavilion and another in the sauna room, and a house fire on Seven Pines totally destroyed the house. There were 87 summonses issued and 189 calls for service during the month. 
  
8. Report from LOW Fire & Rescue:  Joe Argenzio reported that in November there were 55 Rescue calls from inside LOW, and 42 outside.  Fire had 43 calls for the month, 22 of which were outside LOW.  Fire and Rescue is selling Christmas trees this year and he asked members to support this fundraiser. 

9. Report from Orange County School Board Representative:  Representative Jim Hopkins reviewed some of the reasons we are looking for a new school superintendent. One key reason was that over the past three years adequate yearly student academic progress as measured by the “No Child Left Behind” initiative has gradually declined, such that last year only 1 of 8 schools in the County was able to satisfy this requirement.
  He reported that the opening date for bids on building the new Middle School was changed from December 4 to the 11th in an effort to better coordinate the bidding process with other, larger projects elsewhere in the area.  This could benefit us by reducing the costs related to construction and financing. 
     
10. Reports of Officers:
President Wilson reported that the LOWA Holiday party will be held on Sunday, December 14 from 1-3 p.m. at the Clubhouse.
He mentioned the favorable resolution to our sewer system issue, and thanked Doug Pattie of RSA who negotiated with the DEQ to insure future maintenance at reasonable cost without the huge cost associated with replacing the system.

President Wilson also read a statement disclosing that this past Thursday an e-mail communication addressing a sensitive, financial and personal issue was sent from management to the Board and the Chair of the Finance Committee.  Unfortunately, one of the senders or recipients of this e-mail forwarded it to unqualified and inappropriate recipients. Although the e-mail was not labeled as private, Dr. Wilson reminded Board members and the inappropriate recipients that further release of this sensitive, private, incomplete and therefore inaccurate information, either verbally or in writing, will not be tolerated.

Treasurer Kelly’s report for the six-months ended October 31, 2008 is attached as (D-08-68). 
Mrs. Kelly noted we are keeping expenses down and she is confident we will meet our budget goals, but that the second half of the year could be more difficult due to the economy with the recession negatively impacting our revenue stream. She said some changes will be made to the Treasurer’s Report format to improve transparency.

Motion by Darby, second by Kay, passed unanimously, to bar Michael Brown, Carlos Guevara, Sharif Hand, Kimberly Judy, Melissa Knee, Lee Mangrum, Jr., Kimberly Underwood, John Zellers, and one unnamed juvenile from LOW until their fines are paid in full. 

Motion by Flynn, second by Kay, passed unanimously, to approve the following Committee changes:  (D-08-69)

11. Report of General Manager:  John Bailey reported that at a recent meeting with staff and A. Morton Thomas engineers at DCR to discuss technical issues,we learned that they would not allow using advance drawdown capability of the lake level (beyond normal spill) prior to an anticipated rain event to determine the spillway gate design.

We have issued an RFP for the Security contract.  Five companies are being considered.

The 2009 Budget assessment now stands at $1137, but this can change over the next month or so.  Members can still comment on the budget and are encouraged to do so at the December 17 workshop.    

12. Report of Legal Counsel: Mr. Wilkinson had no report.

13. Committee Reports:
Finance Committee Vice Chair, Harry Walsh, reported that the Finance Committee made numerous recommendations to management on ways to curtail expenses in the next budget.  He presented the Board members with a list of more suggestions. 

Alicia Payne of the Equestrian Committee encouraged members to take advantage of gift certificates for pony camp, trail rides and lessons. 

Communications Chair Tish Liggett reported that they have added information from the Members Guidebook to the website, including the sections on amenities and clubs.  They plan to add an enhanced Committee page.  The Committee is developing a policy that will clarify the difference between club ads and club articles for material published in the Lake Currents.  The staff has completed the task of adding all the new e-mail addresses provided by members with their assessment package; this has increased the LOW Communications e-mail contact list from 400 to 1500 addresses.

14.  Member Comments on Business Agenda:  One member felt that the Fitness Center fee should not be changed to reflect a mid-year price because it is low compared to other similar facilities; this member also felt that the 7% surcharge to use the semi-annual assessment payment option was excessive. A member explained the proposed $50 Fitness Center fee rationale as a Christmas “special” rate thru the end of the fiscal year; this does not represent a prorated annual fee.

15. UNFINISHED BUSINESS  There was no unfinished business.

16. NEW BUSINESS

16.1 Consideration of Addition of LOWA Regulations Section IV.C.5: Individual Behavior—Use of Firearms and Related Items. (First Reading) (D-08-70)
   Motion by Williams, second by Kay, passed unanimously, to accept as a First Reading the addition to Section IV.C.5 of the LOWA Regulations: Individual Behavior—Use of Firearms and Related Items.

16.2 Consideration of Changes to LOWA Regulation Section VIII: Use of the Clubhouse. (First Reading)  (D-08-71)
   Motion by Darby, second by Kay, passed unanimously, to accept for a First Reading the Changes to Section VIII of the LOWA Regulations: Use of the Clubhouse.

16.3 Consideration of Changes to LOWA Regulation Section V.E.9: Posts with House Numbers. (First Reading) (D-08-72)
Motion by Williams, second by Flynn, to accept for a First Reading the Changes to LOWA Regulation Section V.E.9: Posts with House Numbers.
Vote on the motion: Yea: Williams, Buttimer, Flynn and Darby. Nay: Kay and Sheridan.  Motion passed 4 to 2.

16.4 Consideration of Planning Committee Request to Update the Land Use Study.
 (D-08-73)
  Motion by Kay, second by Flynn, to charge the Planning Committee with an update of the Land Use Study, to be completed within the next 120 days.
  Motion by Williams, second by Sheridan, passed unanimously, to amend the motion to
read “next 180 days” instead of “next 120 days.” Vote on the original motion as amended was unanimous.

16.5 Consideration of Request to Enter Properties for Clean-up.  (D-08-74)
   Motion by Flynn, second by Kay, passed unanimously, to authorize Maintenance to enter into Section 3, Lot 153; Section 9, Lot 257; Section 11, Lot 270; Section 13, Lot 34 and Section 13, Lot 274, for the purpose of cleaning up the property, and bill the owner for the expenses incurred.

16.6 Consideration of Reducing the Fitness Center Fee to $50 after December 8, 2008 for the Remainder of Fiscal Year 2008.
   Motion by Buttimer, second by Williams, to reduce the Fitness Center fee to $50 after December 8, 2008, and for the remainder of FiscalYear 2008. Vote: Yea: Buttimer. Nay: Darby, Flynn, Kay, Sheridan and Williams. Motion failed 5 to 1.

16.7 Consideration of Continuing the Semi-annual Payment Option for LOWA Annual Assessment Fee with a Surcharge of 7% on the Established Assessment Fee; the Total to be paid in two Equal Installments due May 1, 2009 and November 2, 2009. (This option does not apply to Rental or Amenity Fees)  (D-08-75)
Motion by Buttimer, second by Williams, to continue the semi-annual payment option for the LOWA annual assessment fee, with a surcharge of 7% on the established assessment fee, the total to be paid in two equal installments due May 1, 2009 and November 2, 2009. The option does not include rental or amenity fees.

Vote on the motion: Yea: Williams, Buttimer and Sheridan.  Nay: Kay, Flynn and Darby. President Wilson voted “yea” to break the tie. Motion passed 4 to 3.

16.8 Consideration of Policy Regarding 15 mph Speed Limit.
Motion by Williams, second by Buttimer to establish a new policy regarding the placement of 15 mph speed limit signs in LOW. Vote on the motion: Yea: Williams and Buttimer. Nay: Darby, Flynn, Sheridan and Kay.  Motion failed 4 to 2. 

17. Scheduled Meetings:
Board Workshop: Wednesday, December 10, 2008 at 2:00 p.m. in the lower level of the Clubhouse.  Agenda to include: Reserve Study Report.
Board Workshop: Wednesday, December 17, 2008 at 2:00 p.m. in the lower level of the Clubhouse. (Open Session to follow the workshop)
Monthly Board Meeting: Saturday, January 3, 2009 at 10:00 a.m. in the Community Center

18. General Member Comments included: an opinion that past Board members appear to be too involved in issues before the current Board, as judged by their letters in Viewpoints; a suggestion that perhaps valet parking could be considered at the Clubhouse at busy times to deter illegal parking; a comment that the Land Use Study and Master Plan will take considerable time to update; a member who felt the Board did not consider the potential difficulties of getting all members to install house posts by a specific date, suggesting that passage of such a requirement is a burden to members and a step toward excessive regulation that could become too difficult  to administer and enforce; and an announcement that the Planning Committee will not meet this month. 

19. Adjournment:  Motion by Kay, second by Darby, passed unanimously to adjourn the meeting at 12:35 p.m.

Margaret Darby, LOWA Secretary