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