Approved LOWA Board of Directors Meeting Minutes for 2010

January 2010 January 20, 2010
February 6 meeting canceled (snow) February 17, 2010
March 2010 March 17, 2010
April 2010 April 21, 2010
May 2010

May 19, 2010

June 2010 June 16, 2010

July 21, 2010 August 7, 2010
August 18, 2010 August 30, 2010
September 3, 2010 Annual Meeting Sept 6, 2010
September 8, 2010 September 15, 2010
October 2010 October 20, 2010
November 2010 November 17, 2010
December 2010 December 15, 2010

 

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
January 2, 2010, 10:00 a.m., Community Center

Present   Others
Bruce Kay, President  Ted Wessel, General Manager
Jeffrey Flynn, Vice President Rob Martin, Asst. GM for Operations
Margaret Darby, Secretary Linda Hiross, Recorder (from 10:00 a.m.)
Olive Kelly, Treasurer  
Neil Buttimer Absent
Pat Rowland Tom Sheridan

1. Call to Order    With a quorum present, President Bruce Kay called the meeting to order at 10:00 a.m. in the Community Center.

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

3. Approval of Minutes of December 16, 2009. 
    Motion by Darby, second by Kelly, to approve the minutes of December 16, 2009. Motion by Rowland, second by Buttimer, passed unanimously, to identify the Planning subcommittee as “Senior Housing Subcommittee” in paragraph four. Original motion as amended passed unanimously.

4. Report from O.C. District 5 Supervisor:
    Supervisor Lee Frame reported that a state of emergency was declared in the County following the significant snowstorm. The compactor site was closed for three days due to the inability to clear access in and out of the landfill and compactor facilities.
   Our budget shortfall for the next year is estimated to be about $3.6 million. He will be addressing the Civic Club on January 19, and hopes to have more information about budget issues at that time. 
   The first meeting of the new Board will be this Tuesday.

5. Report from O.C. Sheriff’s Office: Sheriff Mark Amos reported that for the month of December there were 2392 calls for service, for a total of 33,161 for the year. Sixty warrants were served, for a total of 734. There were 799 civil papers served, for a year-end total of 11,546. There were 12 transports and 363 for the year. One hundred fifteen traffic summonses were written, totally 3057 for the year. In LOW, there were 64 calls for service for a year-to-date total of 705, 80 civil papers served totaling 997, and 22 traffic summonses written on Route 3, for a total of 401 for the year.
  
   On December 3 there was a family assault incident involving a gun in Unionville, which was handled by the office and a SWAT team. Alcohol was also involved.
   Officers responded to 60 automobile accidents over the three-day weekend of December 19-21 during and after the snowstorm.
   The Wachovia bank robbery suspect was taken into custody in Fauquier County and subsequently assaulted two officers in an escape attempt.
    During the next month, his officers will be working with LOWA security personnel to train them on their responsibilities relative to securing crime scenes and performing safe and effective traffic stops.

6. Report from Chief of Security:  Security Chief Danny Dobson reported that during the month of December there were only 2 animal complaints, a significant drop from prior months. There was one arrest incidental to a traffic stop. There were 10 traffic summonses, also down due to poor road conditions after the snowstorm. The main gate traffic counter is not working properly and is being repaired. There were four car accidents.
  
7. Report from LOW Fire & Rescue: No report was available.

8. Report from Orange County School Board Representative: Representative Jim Hopkins gave members an overview of the school budget shortfall expected for the coming year. Available funds are down 10% from the previous year, and “rainy day” funds have been exhausted. No decisions have yet been made on where further cost savings can be realized following significant cuts in administrative support in 2009.
     
9. Reports of President, Vice President, Secretary and Treasurer.
   President Kay announced there will be Coffee and Conversation with Board members Margaret Darby and Neil Buttimer on January 27 at the Clubhouse from 6-8:00 p.m.
   Our gate drawings of the proposed spillway upgrade have been successfully submitted, and LOWA has received the second $250k payment from the State of Virginia.
   The Soil and Water Conservation Board will be meeting again on January 14 in Richmond. Governor-elect McDonnell and the new Secretary of Natural Resources have been invited to attend and voice their support of LOWA’s position on the dam reclassification. 

Vice President’s Report:
   Motion by Flynn, second by Darby, passed unanimously, to approve the following Committee personnel changes as listed in the memo dated December 28, 2009, and effective January 2, 2010:

Name Status  Committee
George Chapin Voting  Legal & Compliance
Jim Wyant  Voting Planning
Joe Jackson  Voting  External Affairs
John Samuels Voting External Affairs
David Frances Voting Environmental Control
George Campbell Term of Service Environmental Control
Suzie Takacs Resign  Planning
Betty Tabor Resign  Elections

  Vice President Flynn asked all the Committees to review their charters in the next couple of months and make appropriate changes now that the new charter preamble and format is in place.  He would also like all the committees to review the term of service for members to improve compliance with the term stipulations.

Treasurer’s Report:
   Treasurer Kelly’s report for the period ending November 30, 2009 is attached. There was no formal report available today. The FY-2010 proposed budget should be available for presentation to the membership on January 24.
 
Secretary’s Report:
   Motion by Darby, second by Rowland, passed unanimously, to bar Lisa Seldon and Edward Dunford, Jr. from entering Lake of the Woods Association property until their fines are paid in full.

10. Report of General Manager: GM Ted Wessel reported on the status of funds for the Special Assessment and the status of the dam upgrade project itself. 
   To-date, about $2.7M has been received in assessment funds, and another $500,000 has been received from the Virginia Resource Authority. Six-hundred and forty-two lot owners have not paid anything to date, and 1864 have paid in full. Mr. Wessel reviewed enforcement procedures to be instituted in the very near future.

   Mr. Wessel reported there is a construction meeting held every Wednesday morning at 7:30 am in the Holcomb Building Conference Room, which is open to members. Progress and plans are reviewed at that time. We have yet to receive a written approval of our dam upgrade plans from the Virginia Department of Conservation and Recreation, although half of the $1 million to pay for the dam has already been released to LOWA. There is no need at this time for any draw against the dam loan (line of credit), and we may not have to tap into this until May of 2010. 

   Initial work on the coffer dam design has been completed. We have received a permit from VDOT to build a construction entrance below the dam on Route 3. LOWA has submitted an erosion and sediment control site plan to Orange County, which should be approved soon. Plans are to relocate a gate valve and an existing sanitary sewer line which runs from the Clubhouse downhill and parallel to Lakeview Parkway. RSA will be doing the sewer line design and this may resolve the odor often detected in this area. LOWA is soliciting proposals to hire a third party inspection company for independent inspections as spillway work proceeds.

11. Committee Reports:
      Planning Chair Desmond Flanagan noted one of the committee’s primary goals is to develop the best possible capital budgets for LOWA. The 2010 and 2011-14 budgets will be presented at a joint session of the Planning and Finance Committees this month. Schedules for these presentations were finalized last week and will be publicized on Channel 18, and where possible published in Lake Currents.     
   Jim Drabant, Chair of the Finance Committee, said that at the next meeting of the Finance Committee on January 4 the Committee will be discussing recommendations to the General Manager for budget changes. Final recommendations will be available by Wednesday morning. They will also review their charter as requested by the Board.
   The Committee will be reviewing and redefining its mission, and plans to undertake a self-evaluation to review performance.

12.  Member Comments on Business Agenda:  There were no comments on the business agenda.

13. UNFINISHED BUSINESS

13.1 Consideration of Revision of Regulation V.E.9: Use of Individually-owned Property. (Second Reading) (House Sign-post numbers). (D-10-01)
   Motion by Buttimer, second by Rowland, to approve for a Second Reading the revision to LOWA Regulation Section V.E.9: Use of individually-owned property (address posts), which the Board adopted on a provisional basis at the September 16, 2009 Board of Directors’ meeting.
   Motion by Darby, second by Buttimer, passed unanimously, to amend the motion to change the wording of the revision from requiring address post letters be “3 to 4 inches high” to require they be “at least 3 inches high”.
   Vote on the original motion as amended passed unanimously.

13.2 Consideration of Revision of Regulation IV.G: Other Activities--Littering. (Second Reading) (D-10-02)
   Motion by Flynn, second by Rowland, passed unanimously, to approve for a Second Reading the revisions to LOWA Regulation Section IV.G: Other Activities—Littering.

13.3 Consideration of Revision to Regulation XIV: Schedule of Penalties. (Penalty for not complying with Regulation IV.G.) (D-10-03)
   Motion by Flynn, second by Rowland, passed unanimously, to approve the Revision to LOWA Regulation Section XIV: Schedule of Penalties (penalty for not complying with Regulation IV.G; fine will be set at $50 per incident.)

14. NEW BUSINESS    There was no new business.

15. Member’s General Comments: 
      Seven members had comments on the following issues: future issues that could arise relative to the relocation of stormwater easements, and maintenance versus improvement issues; how LOWA intends to enforce the anti-littering regulation; how to communicate with members who have not yet paid their special assessment; several arguments to rebut the validity of reclassification of our main dam; a call to cancel the Faulkner dam construction contract; a member who reported on research he had done on Virginia HOA laws and the Property-owner Association Act and how these affect collection procedures and interest penalties for special assessments; how dam project cost savings will be refunded to members; and the lack of documents on history of the dam in the Reading Room.

16. Scheduled Meetings:
      Board Meeting: Wednesday, January 20, 2010 at 2:00 p.m. in the Community Center.
      Board Meeting: Saturday, February 6, 2010 at 10:00 a.m. in the Community Center.
           
17. Adjournment:  President Kay adjourned the meeting at 11:07 a.m.   

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
January 20, 2010
2:00 p.m., Community Center

Present Others
Bruce Kay, President Ted Wessel, General Manager
Margaret Darby, Secretary Rob Martin, Asst GM for Operations
Olive Kelly, Treasurer  Linda Hiross, Recorder
Pat Rowland  
Tom Sheridan Absent
Neil Buttimer Jeff Flynn, Vice President

1. Call to Order  With a quorum present, President Bruce Kay called the meeting to order at 2:00 p.m. in the Community Center.

2. Approval of Agenda: Motion by Darby, second by Rowland to approve the Agenda.
Motion by Buttimer, second by Darby, passed unanimously, to amend the agenda by deleting Item 6.2: Discussion of Terms of Service for Other Committees; revising Item 7.2 from “Consideration” to “Discussion” of Netbook Computers for Board Members; and adding Item 7.3: Discussion of Supporting Senate Bill 276; Item 7.4: Consideration of Hiring McGuire Woods Consulting Services to track newly-proposed State of Virginia dam safety legislation; Item 7.5 Consideration of Formally Appealing the State Soil and Water Conservation Board’s Classification of LOWA’s Main Dam as a “High Hazard” Dam; and Item 7.6: Consideration of Extending the Referendum for Paragraph 17.
Vote on the original motion as amended passed unanimously.

President Kay read a statement reporting that he has been working for months with state officials on dam issues. In a recent phone call from Senator Edd Houck, President Kay affirmed the LOWA Board’s and members’ support of his introduced legislation SB 276. Delegate Ed Scott is co-patron of this bill. He reviewed the process necessary to guide this bill through to successful legislation, and asked Directors Sheridan and Darby to prepare a petition of support for SB 276 for circulation throughout the community. The Board will continue to do everything they can, including filing a formal appeal with the SWCB. It also appears DCR has not yet approved the final spillway length or design. A satisfactory resolution to all our dam issues is being pursued.

3. Approval of Minutes of January 2, 2010.  Motion by Darby, second by Sheridan, passed unanimously, to approve the minutes of January 2, 2010.

4. Approval of Committee Changes: There were no committee changes.

5. Member Comments on Business Agenda: There were no member comments on the business agenda.

6. OLD BUSINESS

6.1 Discussion of Clubhouse Pool Area. General Manager Ted Wessel reported that at the request of the Board he has reviewed the list of repairs scheduled for this spring and the time each will take, and has determined that all the repairs needed at the Clubhouse pool facility can be completed in time for the scheduled opening in May with the exception of the pool deck work. The deck will be given a temporary fix adequate to allow summer use, and the appropriate final surfacing will be scheduled for fall after the pool closes for the season.

6.2 Discussion of Terms of Service for Other Committees. (This item was removed from the agenda.)

7.  NEW BUSINESS

7.1 Consideration of ECC Request to Enter a Lot to Perform Maintenance. (D-10-04)
Motion by Darby, second by Rowland, passed unanimously, to authorize the lot identified in the ECC Memo dated December 29, 2009, be entered and the identified tree be cut to bring the lot back into compliance, and that the respective property be billed for the costs related to such work.

7.2 Discussion of Netbook Computers for Board Members. President Kay explained how the Netbooks would be used. Board members offered their various opinions on the pros and cons of purchasing Netbook computers for all the Board members. No action was taken at this time.

7.3 Discussion of Supporting Senate Bill 276. (D-10-05)
Motion by Rowland, second by Buttimer, passed unanimously, to resolve that the LOWA Board of Directors support Virginia Senate Bill SB 276, introduced by Senator Edd Houck, and that the Board authorize the circulation of petitions among the residents of Lake of the Woods supporting the legislation.

7.4 Consideration of Hiring McGuire Woods Consulting Services to Track Newly-proposed State of Virginia Dam Safety Legislation. (D-10-06)
Motion by Sheridan, second by Rowland, to direct the General Manager to enter into an agreement with McGuire Woods, in an amount up to and not to exceed $20,000, to track, evaluate and advise LOWA on all newly-proposed dam safety legislation currently under consideration in the State Senate and House.

Vote on the motion: Yea: Darby, Buttimer, Sheridan and Rowland. Nay: Kelly. Motion passed 4 to 1.

7.5 Consideration of Formally Appealing the State Soil and Water Conservation Board’s classification of LOWA’s Main Dam as a “High Hazard Dam.” (D-10-07)
Motion by Sheridan, second by Darby, to formally notify the State Soil and Water Conservation Board that LOWA is appealing their classification of our main dam as a “High Hazard” dam, and to demand a fact-finding hearing as authorized under the Virginia Dam Safety Regulations. Vote on the motion: Yea: Darby, Buttimer, Sheridan and Rowland. Nay: Kelly. Motion passed 4 to 1.

7.6 Consideration of Extending the Referendum on Paragraph 17. (D-10-08)
Motion by Buttimer, second by Darby, passed unanimously, to extend the Referendum on Paragraph 17 until June 1, 2010.

8. Member General Comments: One member offered to help make phone calls to members who have not yet returned their Referendum ballot on Paragraph 17, and also offered information on why LOWA does not need to impose the new Virginia State Boating Regulations on its members; another member thanked the Board for their latest initiatives with state representatives and the Soil and Water Conservation Board on reclassification of the main dam.

9. Scheduled Meetings:
Public Hearing on FY-2010 Budget Sunday, January 24, 2010 at 2:00 p.m. in the Community Center.
Coffee and Conversation with the Board, Wednesday, January 27, 2010 at 6:00 p.m. in the Clubhouse.
Board Meeting: Saturday, February 6, 2010 at 10:00 a.m. in the Community Center.
Board Meeting: Wednesday, February 15, 2010 at 2:00 p.m. in the Community Center.
            
10. Adjournment:  President Kay adjourned the meeting at 2:44 p.m.   

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
February 17, 2010 at 2:00 p.m., Community Center

 

Present Others
Bruce Kay, President Ted Wessel, General Manager
 Jeff Flynn, Vice President  Rob Martin, Asst. GM for Operations
Margaret Darby, Secretary Elton Rupe, AGM, Director of Facilities Management
Olive Kelly, Treasurer Linda Hiross, Recorder
Pat Rowland   
Tom Sheridan  
Neil Buttimer  

1. Call to Order: With a quorum present, President Bruce Kay called the meeting to order at 2:00 p.m. in the Community Center.

2. Approval of Agenda:  Motion by Kelly, second by Darby, to approve the Agenda.
Motion by Buttimer, second by Flynn, passed unanimously, to add Item 7.1: Consideration of entering into a contract with Dewberry and Davis to provide services necessary to prepare the Operation and Maintenance Certificate for Keaton’s Run Dam.

Motion by Sheridan, second by Buttimer, passed unanimously, to add Item 7.2: Consideration of authorizing LOWA to acquire the services of a professional engineer and any other necessary services to support the proposed dam safety legislation, in an amount not to exceed $30,000.
Original motion to approve the Agenda as amended passed unanimously.

3. Approval of Minutes of January 20, 2010. 
Motion by Darby, second by Kelly, passed unanimously, to approve the minutes of January 20, 2010.

4. Approval of Committee Changes:
Motion by Flynn, second by Rowland, passed unanimously, to approve the following Committee changes listed in the memo dated February 6, 2010: (D-10-09)

Name  Status Committee
Cathy Edwards Alternate Equestrian
Laurie Brown  Alternate Planning
David Francis Alternate Finance
Jim Wyant   Voting Lake Users
Janet Burrowes Voting Pools & Fitness
Dave Smith Adviser Maintenance & Ecology
Connie Buttimer  Advisor Clubhouse
Bob Doan Advisor Clubhouse
Joan Johns Resigned Planning
Lynn Huntsman End of Term Safety & Security
Dan McFarland End of Term Lake Users

Motion by Kelly, second by Darby, to add an additional 28 names of Committee members whose terms expired in 2003, 2006, 2007, 2008 and 2009 and at the end of January 2010. Members who wish to continue to serve on a Committee should be reappointed by the Board after making their intent known.
Director Kelly then read the list of member names for the record.

Motion by Sheridan, second by Darby, to table this item until the next regularly scheduled Board meeting. Vote: Yea: Darby, Sheridan, Buttimer, Flynn and Rowland. Nay: Kelly. Motion to table passed. 

President Kay gave members an update on the progress made and legislative status of SB276, as it affects our interests relative to the main dam reclassification. The process still has a long way to go.

On another matter, he praised LOWA’s Maintenance Department for their efforts in removing downed trees, clearing roads and removing snow in key access locations after the last two significant snow storms.

5. Member Comments on Business Agenda: Three members spoke against LOWA adopting the Virginia Boating Safety Education requirements for our community, and one member spoke in favor of its adoption.

6. OLD BUSINESS

6.1 Consideration of Additions to the Regulations Regarding the Virginia Boating Safety Education Requirements. (Second Reading)
Motion by Flynn, second by Sheridan, to adopt the Virginia Boating Safety Education Requirements and add them to the Lake of the Woods Regulations. Vote: Yea: Flynn. Nay: Darby, Buttimer, Rowland, Sheridan and Kelly. Motion failed.

6.2 Consideration of Revision to Regulation XIV: Schedule of Penalties for Violations (Virginia Boating Safety Education Regulation Penalties). (Second Reading)
Motion by Flynn, second by Sheridan, failed unanimously, to adopt the revisions to Regulation XIV: Schedule of Penalties for Violations Regarding the Virginia Boating Safety Education Requirements.

Motion by Rowland, second by Kelly, that LOWA establish an ad hoc committee on boat safety, to be chaired by Director Tom Sheridan, with six members to be appointed by the LOWA president. The committee will be charged with the responsibility of recommending to the Board new boat driver education and certification procedures; examine safety and comportment on the lakes and make recommendations for any changes to the Board.
Motion by Darby, second by Sheridan, to table the motion to the March 6, 2010 Board meeting. Vote: Yea: Darby, Kelly, Flynn and Sheridan. Nay: Buttimer and Rowland. Motion passed 4 to 2.

7.  NEW BUSINESS

7.1 Consideration of Entering into a Contract with Dewberry and Davis to Provide Services Necessary to Prepare the Operation and Maintenance Certificate for Keaton’s Run Dam. (D-10-10)
Motion by Buttimer, second by Rowland, that LOWA enter into a contract with Dewberry and Davis to provide services necessary to prepare the Operational and Maintenance Certificate for Keaton’s Run Dam, as stated in the proposal dated February 15, 2010, in an amount not to exceed $46,200.

Motion by Kelly, second by Flynn, to table the motion until the March 6, 2010 Board meeting. Vote: Yea: Kelly and Flynn. Nay: Buttimer, Sheridan, Rowland and Darby. Motion to table failed.

Vote on the original motion: Yea: Sheridan, Buttimer, Rowland and Darby. Nay: Flynn. Abstain: Kelly. Motion passed 4-1-1.

7.2 Consideration of Authorizing Funds for Resources in Support of Proposed Dam Safety Legislation. (D-10-11)
Motion by Sheridan, second by Darby, to authorize Lake of the Woods Association to acquire the services of a professional engineer and any other necessary services to support the proposed dam safety legislation in an amount not to exceed $30,000, to be funded from the Dam Reserve. Vote: Yea: Sheridan, Buttimer, Rowland, Darby and Flynn. Nay: Kelly. Motion passed 5 to 1.

Motion by Buttimer, second by Sheridan, passed unanimously, to transfer $76,200 from the Replacement Reserve to the Dam Reserve.

7.3 Discussion of FY-2010 Budget.
Treasurer Kelly recapped some of the key reference figures in the proposed budget presented to the Board for FY-2010. At this point in time, the assessment recommended by the General Manager is $1168, a 2.7% increase over last year’s budget. Ms. Kelly suggested that the Board make the necessary changes to lower the assessment to $1140.

Directors Kay, Sheridan, Buttimer, Rowland and Kelly proposed various motions they will make in the future which, if adopted, could result in a change to the assessment. Some of the areas mentioned included daily pool fees, tenant fees, interest income sources, elimination of a survey and speed cameras, rebid of audit costs, extension of the timeline for capital projects, a change in policy on how road fees are assessed, administration costs, and reduction in funding for the contingency fund and the Replacement and Capital Reserve Funds. 
No motions were made at this time.      

8. Scheduled Meetings:
Board Retreat: Wednesday, February 24, 2010 at 9:00 a.m. in the Clubhouse.
Board Meeting: Saturday, March 6, 2010 at 10:00 a.m. in the Community Center.
Board Meeting: Wednesday, March 17, 2010 at 2:00 p.m. in the Community Center.

9. General Member Comments: The President of AARP asked LOWA to discontinue the imposed room fee for use of meeting space at the Clubhouse (this is not a room rental fee, this is a service fee for room setup when LOWA staff is required); one member made several suggestions on budget changes for cost savings and reduction in the proposed assessment fee; and there was an inquiry on why publication of the Lake Currents was cancelled last week (weather and road conditions were the deciding factor).

10. Adjournment: Motion by Darby, second by Rowland, passed unanimously, to adjourn the meeting at 4:00 p.m.  

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
March 6, 2010, 10:00 a.m., Community Center

 

Present  Others
Bruce Kay, President   Ted Wessel, General Manager
Jeff Flynn, Vice President  Rob Martin, Assistant GM, Operations
Margaret Darby, Secretary Elton Rupe, Assistant GM, Facilities
Olive Kelly, Treasurer  Linda Hiross, Recorder (from 10:00 a.m.)
Pat Rowland  
Tom Sheridan  
Neil Buttimer  

1. Call to Order
With a quorum present, President Bruce Kay called the meeting to order at 8:30 a.m. in the Community Center.

2. Executive Session: Motion by Buttimer, second by Rowland, passed unanimously, to enter into Executive Session at 8:31 a.m. for the purpose of discussing several personal, personnel, contractual and/or legal matters.

Motion by Flynn, second by Darby, to enter into Open Session at 10:02 a.m., and to affirm that the Board met earlier today and on February 24, 2010 in Executive Session for the purpose of discussing several personal, personnel, contractual and/or legal matters. As usual, no votes were taken.

3. Approval of Agenda:  Motion by Kelly, second by Buttimer, to approve the Agenda.
Motion by Sheridan, second by Flynn, passed unanimously, to remove Item 14.1: Consideration of Committee Membership Terms of Service.
Motion by Rowland, second by Darby, passed unanimously, to remove Item 15.3: Consideration of 2010 Survey of the membership.
Motion to approve the agenda as amended passed unanimously.

4. Approval of Minutes of February 17, 2010. 
Motion by Darby, second by Flynn, passed unanimously, to approve the minutes of February 17, 2010.

President Bruce Kay read a statement updating the status of Virginia SB276. A compromise was reached in the form of an amendment to the bill to secure the public safety aspects of the dam safety program. DCR also removed their opposition to the bill. Delegate Scott also introduced an amendment to the bill to include an emergency action clause, which allows the bill to come into law when signed by the governor rather than wait until July 1, 2010. The bill was subsequently passed by the full house 97-2. It now goes to the Senate on Tuesday for approval, and if approved, forwarded to the governor for his signature.

President Kay then read the bill to the audience and for the record. He said that LOWA will insure we meet all dam requirements and conditions set forth in the provisions of this new legislation for both of our dams, thus avoiding the installation of an auxiliary spillway on Veteran’s Memorial Dam.

Motion by Flynn, second by Sheridan, passed unanimously, to authorize LOWA to issue a “stop work” order to Faulconer Construction on the dam spillway project.
(D-10-12)

President Kay said that as soon as SB276 passes the State Senate and is signed by the governor, the Board will vote on termination of the dam modification project. All funds not required to satisfy expenses incurred to date will be returned to the payers of record.
Those who have not yet paid any portion of the special assessment will still incur some costs, including penalty and late charges.

5. Report from Orange County District Supervisor:  Mr. Lee Frame announced that there will be an increase in sewer and water rates anywhere from $9-$15 per lot owner. The new rates will take effect on March 19, which we will likely see in our May bills. The increase is to pay for removal of phosphates and nitrogen from wastewater, a process required to comply with the Chesapeake Bay Act.

The judge has yet to render his decision on the request to dismiss the lawsuit against the Board of Supervisors relative to approval of the Walmart store.

The County administrator has submitted a budget with a 4-cent tax increase, which is about 8%. Twelve staff will need to be cut, but school funding is being kept level.

He encouraged members to fill out their US Census forms, which should be received by residents this week.  Redistricting in our area is very likely, and it is possible LOW will have representation in two different districts.

6. Report from Orange County Sheriff: Sheriff Mark Amos reported that for the month of February, there were 1924 calls for service in the county, and 64 from LOW. There were 870 civil papers served, 93 in LOW. The served 37 warrants and made 28 transports. There were 117 summonses issued, and 25 issued on Route 3.

He reviewed three relatively recent crime cases that have been solved, including the arrest of several juveniles and two adult males. They also rounded up 13 drug dealers in the area, and a second drug bust took place on February 3.

Another Citizen’s Police Academy class will start this Thursday at LOW. Applications are available in the Sheriff’s office. They will be holding a Basketball fundraiser on March 29, and a Golf Tournament on May 7.

7. Report from Security: Security Chief Danny Dobson reported that in January security issued 57 summonses. In February 37 summonses were issued, and they responded to four accidents, all due to the winter weather. In January 110 cars were registered.

8. Report from LOW Fire & Rescue: Larry Eiben reported that Rescue had 89 calls for service in January and 91 in February. There were 40 calls to the Fire Department in January, and 62 in February. The increased activity in February can be attributed to the snow storms, especially auto accidents, utility lines down, trees down and EMS assists.
The defibrillators will be reinstalled in key LOW buildings after they are recertified.

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

10. Reports of Officers:  Vice President Flynn reported that the three-year term of committee service has expired for the members on the following list. This is a documentation exercise necessary to bring committee membership in line with our Bylaws and consistent with committee charters.

Name Term Expired Committee
Wyatt Gosnell April, 2008 Communications
Larry Ervin July, 2009 Elections
Rosalind Gantz December, 2008 Elections
Judy Schrage October, 2008 Elections
Joann Deem August, 2009 Elections
Carol Lee August, 2009 Elections
Georgine Winslett May, 2009 Equestrian
Sandy Frame May, 2009 Equestrian
Betty Beck November, 2006 Equestrian
Irving Grimes November, 2006 External Affairs
Connie Buttimer June, 2009 External Affairs
Mel Hall  May, 2009 Golf
James Ogletree May, 2008 Golf
Loretta Yurkus October, 2009 Golf
James Lohr May, 2008 Golf
Ed Hoffman May, 2009 Lake Users
Ken Kaltenmark November, 2007 Tennis
Sue Colby November, 2007 Tennis
Don Weinert October, 2008 Nominating
Carol Nowakoski  February, 2009 Nominating
Betty Beck October, 2009 Nominating
Bob Lowe December, 2008 Rules
Dwight Westholt February, 2007 Rules
Charles Grandy October, 2008 Rules
Steve Cakouros February, 2007 Safety & Security
Edward Rowan February, 2006 Safety & Security
Karen O’Donnell November, 2007 Youth Activities
Donna Eclipse February, 2010 Youth Activities

Motion by Flynn, second by Darby, to approve the following Committee changes as per the memo dated March 6, 2010: (D-10-13)

Name  Status  Committee
Des Flanigan Voting Safety and Security
Tim Grant Voting  Safety and Security
Susan Abel Voting Clubhouse
Dave McKee Advisor  Clubhouse
Boggs Wright Voting  Clubhouse
Laurie Brown Voting  Planning
James Walsh Voting Finance
Dave McKee Voting  Finance
Doug Chidlow Resign Finance
Jim Drabant Term of Service Finance
Lynn Huntsman Term of Service Nominating
Don Walters Voting Nominating
John Trach Voting Nominating
John Undari Voting Nominating
Jim Drabant Voting  Nominating
Bob Halstead Alternate  Lake Users

Motion by Sheridan, second by Buttimer, to table the approval for discussion at the Board meeting on March 17. Vote: Yea: Sheridan and Buttimer. Nay: Rowland, Flynn, Darby and Kelly. Motion to table failed.

Motion by Flynn, second by Rowland, passed unanimously, to amend the motion by deleting the name of Don Walters from the list in order to comply with the Nominating Committee Charter.

Vote on the original motion: Yea: Kelly, Darby, Flynn, Rowland and Buttimer. Nay: Sheridan. Motion passed.

Treasurer’s Report: Treasurer Kelly’s report for the 9-months ending January 31, 2010 is attached as (D-10-14).

The current operating budget is in line as planned. As of January 31, revenue was ahead of expenses by about $680,000. Accounts receivable remain a bit high, and she asked members to bring their accounts up-to-date.

Secretary’s Report
Motion by Darby, second by Rowland, passed unanimously, to suspend the driving privileges within LOW for Earl Hull for 60 days.
Motion by Darby, second by Buttimer, passed unanimously, to accept the appeal of Juvenile “A”.
Motion by Darby, second by Flynn, passed unanimously, to accept the appeal of Juvenile “B”.
Motion by Darby, second by Flynn, passed unanimously, to accept the appeal of Kenneth Harper.
Motion by Darby, second by Buttimer, passed unanimously, to deny the appeal of Juvenile “C”.

Motion by Darby, second by Flynn, passed unanimously, to bar William Butler, Robert Davis and Samantha Berrios from entering LOWA property, until such time as their fines are paid in full.

11. Report of General Manager: The General Manager deferred his comments to the budget discussion.

12. Committee Reports: Planning Chair Des Flanigan gave an update on the status of the Five-Year Plan and the 2010 Survey. The Committee recommends that LOWA not distribute a community survey this year and use the 2010 Census for demographic data. There is no approved multi-year fiscal plan for the LOWA at this time. Further development of one is dependent on the establishment of a vision plan. The Committee proposes the adoption of a Five-Year draft, or a capital budget plan for 2010-2014.

13. Member Comments on the Business Agenda: One member spoke in favor of appointing an Ad Hoc Committee on Boat Safety.

14. UNFINISHED BUSINESS

14.1 Consideration of Committee Membership Terms of Service. (This item was removed from the Agenda).

14.2 Consideration of Ad Hoc Committee on Boat Safety. (D-10-15)
Motion by Rowland, second by Kelly, to authorize LOWA to establish an Ad Hoc Committee on Boat Safety comprised of a Chair and six members appointed by the LOWA president.  The committee will be charged with the responsibility of recommending to the Board new boat driver education and certification procedures and to examine safety enforcement on the lakes, and to make recommendations for any changes to the Board.

Motion by Darby to table until the April 3, 2010 meeting. Motion died for lack of a second.
Vote on the original motion passed unanimously.

15. NEW BUSINESS

15.1 Consideration of Transfer of Property to LOW Volunteer Fire and Rescue, Inc.
(D-10-16)
Motion by Sheridan, second by Kelly, passed unanimously, that LOWA enter into an agreement with LOW Volunteer Fire and Rescue, Inc. for the exchange of property and the termination of the current 20-year lease of property by LOW Volunteer Fire and Rescue, Inc.

15.2 Consideration of FY 2010 Budget. (D-10-17)
Motion by Buttimer, second by Darby, to accept the General Manager’s Budget for FY-2010.

Amendments to the FY-2010 budget were proposed as follows:
(The original proposed assessment had been set at $1168.)

1. Motion by Buttimer, second by Rowland, to decrease Administration Account No. 6520: Legal Consultation, by $10,000. Vote: Yea: Rowland, Buttimer and Sheridan. Nay: Darby, Flynn and Kelly. President Kay voted “nay” to break the tie. Motion failed 4 to 3.

2. Motion by Buttimer, second by Flynn, to decrease Administration Account No. 6530: CPA consultation and audit contract, by $10,000. Vote: Yea: Rowland, Buttimer and Sheridan. Nay: Darby, Flynn and Kelly. President Kay voted “nay” to break the tie. Motion failed 4 to 3.

3. Motion by Kelly, second by Sheridan, passed unanimously, to increase Administration Account No. 4151/52: Interest Income Unrestricted by $15,300.

4. Motion by Buttimer, second by Rowland, passed unanimously, to increase Security Account No. 4205: LCC Fees, by $8000. 

5. Motion by Buttimer, second by Rowland, passed unanimously, to reduce Administration Account No. 7470: Contractual Services, by $10,000, by eliminating the LOWA Survey.

6. Motion by Kelly, second by Darby, to reduce Administration Account No. 8010: Contingency Fund, by $20,000.  Vote on the motion: Yea: Kelly and Flynn. Nay: Sheridan, Buttimer, Darby and Rowland. Motion failed 4 to 2.

7. Motion by Sheridan, second by Rowland, to increase the Pools and Fitness Account No. 6261: Expendable Furnishings, by $7000. Vote: Nay: Kelly. Yea: Darby, Sheridan, Rowland, Flynn and Buttimer. Motion passed 5 to 1.

8. Motion by Buttimer, second by Kelly, to complete the walkway proposed by the Clubhouse Committee as new capital, not to exceed $10,000.
Motion by Sheridan, second by Rowland, to amend the motion to set aside $25,000 instead of $10,000. Vote on the amendment: Yea: Darby, Kelly, Rowland, Sheridan and Flynn. Nay: Buttimer. Motion passed 5 to 1.
Vote on the original motion as amended: Kelly, Buttimer, Darby, Flynn and Rowland. Nay: Sheridan. Motion passed.

9. Motion by Kelly, second by Buttimer, passed unanimously, to increase New Capital Reserves by $10,000.

10. Motion by Kelly, second by Flynn, to delete the additional contribution of $138,230 to the Replacement Capital Reserves for the FY-2010 budget year only. Vote: Yea: Kelly and Flynn. Nay: Sheridan, Buttimer, Darby and Rowland. Motion failed 4 to 2.

11. Motion by Kelly, second by Darby, passed unanimously, to increase dam expenses by $46,200.

12. Motion by Kelly, second by Sheridan, passed unanimously, to approve the proposed FY-2010 Capital Budget totaling $789,725.

13. Motion by Sheridan, second by Flynn, passed unanimously, to recognize the policy change to assess members to fund road reserve requirements over and above the funding generated from Road Fees and road depreciation values.

14. Motion by Sheridan, second by Darby, passed unanimously, to extend all approved Capital projects as recommended by the General Manager that do not (or will not) have material expenditures for the past 24 months ending April 30, 2010.

15: Motion by Kelly, second by Darby, to approve the enclosed Reserve Study Report dated March 1, 2010. Vote: Yea: Kelly, Flynn and Darby. Nay: Buttimer, Rowland and Sheridan. President Kay voted “yea” to break the tie. Motion passed 4 to 3.

16. Motion by Rowland, second by Darby, to recommend the following annual pool fees be approved: Family $170; Couple $110; Individual $70; Juniors $50; Ages 6-14 $25; Ages 5 and under Free; and Daily Charge $2. Vote: Yea: Darby, Rowland, Buttimer, Sheridan and Flynn. Nay: Kelly. Motion passed 5 to 1.

17. Motion by Sheridan, second by Rowland, to add a 9-hole fee to the proposed new LOWA Club Pass that requires an upfront fee of $250 per individual, and that fee would be $12.50 a round with cart. Vote: Yea: Rowland, Sheridan, Buttimer, Flynn and Darby. Nay: Kelly. Motion passed 5 to 1.

18. Motion by Buttimer, second by Rowland, to set the Assessment Fee for FY-2010 at $1164.
Motion by Flynn, second by Darby, to set the Assessment Fee at $1140. Vote: Yea: Flynn and Kelly. Nay: Buttimer, Sheridan, Rowland and Darby. Motion failed 4 to 2.
Vote on the original motion: Yea: Sheridan, Buttimer, Darby and Rowland. Nay: Flynn and Kelly. Motion passed 4 to 2.

15.3 Consideration of 2010 Survey of the Membership. (This item was removed from the agenda.)

16. Scheduled Meetings:
      Board Meeting: Wednesday, March 17, 2010 at 2:00 p.m. in the Community Center.
      Board Meeting: Saturday, April 3, 2010 at 10:00 a.m. in the Community Center.

17. General Member Comments: One member spoke in support of the Citizen’s Police Academy and encouraged those interested to participate and/or support the fundraising activities; a request for clarification on the status of those individuals still serving on committees whose term has expired; an inquiry as to what our obligations and penalties are relative to cancellation of the dam construction project contract; and a request to address the need for additional soccer field time.

18. Adjournment: President Kay adjourned the meeting at 1:20 p.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
March 17, 2010, 2:00 p.m., Community Center

Present  Others
Bruce Kay, President  Ted Wessel, General Manager
Jeff Flynn, Vice President Robert Martin, AGM, Operations
Margaret Darby, Secretary Elton Rupe, AGM, Facilities
Olive Kelly, Treasurer Linda Hiross, Recorder
Neil Buttimer  
Tom Sheridan  
Pat Rowland  

1. Call to Order: With a quorum present, President Kay called the meeting to order at 2:00 p.m. in the Community Center.

2. Approval of Agenda: Motion by Buttimer, second by Rowland, passed unanimously, to approve the Agenda.

3. Approval of Minutes of March 6, 2010.
Motion by Darby, second by Kelly, to approve the minutes of March 6, 2010.  Motion by Buttimer, second by Darby, to amend the minutes by adding to Paragraph 10 before the first list of committee members “No action was taken on this list.” Yea: Buttimer, Sheridan, Rowland and Darby. Nay: Flynn and Kelly. Motion passed.
Vote on the original motion to accept the minutes as amended passed unanimously.

President Kay announced that SB276 was passed by the Virginia General Assembly last week. When Governor McDonnell signs the bill, the issue of upgrading our main dam will be closed. We expect the date of signing will be set soon.

He said he has appointed an Ad Hoc Committee on power watercraft issues, which will be chaired by David Kadlec. Other members will be John Edwards, Pat Dawson, Jay Broderick, Alan Berry, Floyd Etherton and Russ Ambroziak. US Security will be a non-voting member of this committee.

4. Approval of Committee Changes:
Motion by Flynn, second by Kelly, passed unanimously, to approve the following Committee changes listed in the memo dated March 17, 2010:  (D-10-18)

Name  Status Committee
Bonniebeth Foltz  Voting Clubhouse
Peter Williams Voting Clubhouse
Dave Lemay Resign Nominating
Don Walters Voting Nominating
Peter Williams Voting Nominating
Jim Wyant Alternate Planning
Betsy Wilson Resign Clubhouse
Hank Lewis Resign Youth Activities

Motion by Flynn, second by Buttimer, passed unanimously, to remove Boggs Wright from the list of Committee appointments approved on March 6, 2010. (Mr. Wright was already a voting member of the Clubhouse Committee.)

5. Member Comments on Business Agenda: There were no comments on the business agenda.

6. UNFINISHED BUSINESS

7. NEW BUSINESS

7.1 Consideration of Spillway-related Contracts: (D-10-19)
Motion by Sheridan, second by Darby, passed unanimously, to authorize the Lake of the Woods Association to terminate all spillway contracts upon the Governor signing Senate Bill 276.

7.2 Discussion of Community Issues:
Director Darby started a discussion on three housekeeping areas of Section D of the Bylaws. Changes discussed focused on clarifying language to eliminate confusion and ambiguity, especially as concerns the proper procedure for advisors on committees to become voting members, how alternate committee members are to function, and several tenure issues. Director Darby offered to collect suggestions for changes from the Board members and prepare a list for a more formal discussion by the Board at the next meeting.

Director Rowland initiated a discussion on ways to improve communication between the Board and the Planning and Finance committees to provide regular and timely input and progress updates on the Five-year Plan (Vision Plan) and budget, respectively.

President Kay noted that all these discussions will be further explored at the Board Retreat planned for March 31.

Director Flynn said several members have expressed an interest in establishing a Fitness Committee, separate from the Pools Committee, and would like the Board’s input on this proposal.

Also discussed were issues forwarded by the Water Resources Manager, April Hughes, especially one prohibiting the use of phosphorus fertilizers by members in order to comply with the Chesapeake Bay Act.

Motion by Buttimer, second by Sheridan, passed unanimously, that it be the policy of the Board to discourage the use of fertilizers containing phosphorus in Lake of the Woods. (D-10-20)

General Manager Ted Wessel said there are about four separate proposed regulation changes being discussed and considered, and he offered to send them to the Rules Committee for formulation and then return them to the Board at the first meeting in April for a first reading. LOWA cannot enforce a policy, it can only enforce a Regulation.

Director Flynn brought up the topic of facility use fees versus room setup fees. Discussion also included priority of use for different groups and ways to clarify and minimize charges to nonprofit groups.

Director Flynn noted that a call for nominations for the next Board of Directors’ election needs to be published in Lake Currents. A list of candidates should be ready for Board approval by May 19.

Director Darby announced that the Elections Committee is sending out another ballot to those members who have not yet voted on the Referendum on Rights of First Refusal. About 275 “yea” votes are still needed to approve passage.

Treasurer Kelly felt the Board needs to review the Bylaws and Regulations, and address the findings and recommendations of the Potomac Group consulting study on association operations. She said LOWA needs to hire a financial director as soon as possible, or consider outsourcing financial management. She recommended an organizational flowchart be completed and the Employee Manual updated. She offered to facilitate and coordinate this effort. Director Darby asked for the General Manager’s input on this. He reported that he is currently interviewing for the Finance Director; the completed organization chart will be available Friday. The Employee Manual review is complete and the update is almost completed.

Director Rowland suggested the Board discuss emergency planning at the Retreat.

8. Scheduled Meetings:
Board Retreat: Wednesday, March 31, 2010, 9:00 a.m. to 2:00 p.m. in the Clubhouse.
Board Meeting: Saturday, April 3, 2010 at 10:00 a.m. in the Community Center.
Board Meeting: Wednesday, April 21, 2010 at 2:00 p.m. in the Community Center.

9. Member General Comments: The Board heard comments from members on: 1) the type of fertilizers used on the golf course; 2) two requests that the Garden Club not be charged setup fees for meeting space because of all they do for the Association both in labor and the money they spend; 3) a suggestion to look into billing the Commonwealth of Virginia for our dam upgrade costs to date; 4) a summary of work performed and historical perspective on the Vision Plan in the past to date; 5) two members praised the Board and other key LOW members for their persistence in resolving the dam upgrade issues; and 6) that LOWA should not have given up the right to challenge the classification of our dam as part of the negotiations that made the passage of SB276 possible.

President Kay reported that during this meeting he received a phone call from Senator Houck in Richmond telling him that Governor McDonnell is planning to come to Lake of the Woods to sign SB276 into law.

10. Adjournment:  President Kay adjourned the meeting at 4:02 p.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
April 3, 2010 at 10:00 a.m., Community Center

 

Present  Others
Bruce Kay, President  Ted Wessel, General Manager
Jeff Flynn, Vice President  Robert Martin, Assistant GM, Operations
Margaret Darby, Secretary Elton Rupe, Assistant GM, Facilities
Olive Kelly, Treasurer Linda Hiross, Recorder (from 10:00 a.m.)
Neil Buttimer  
Tom Sheridan Absent
  Pat Rowland

1. Call to Order: With a quorum present, President Kay called the meeting to order at 9:00 a.m. in the Community Center.

2. Executive Session:
    Motion by Kelly, second by Darby, passed unanimously, to enter into Executive Session at 9:01 a.m., for the purpose of discussing several personal, personnel, contractual and legal matters.
    Motion by Sheridan, second by Flynn, passed unanimously, to enter into Open Session at 10:03 a.m., and to affirm that the Board met earlier today in Executive Session for the purpose of discussing several personal, personnel, contractual and legal matters. As usual, no votes were taken.

3. Approval of Agenda: Motion by Flynn, second by Kelly, to approve the Agenda. Motion by Sheridan, second by Buttimer, passed unanimously, to add Item 15.A: Consideration of Partial Refund of Special Assessment. Vote to accept the original motion as amended passed unanimously.

4. Approval of Minutes of March 17, 2010: Motion by Darby, second by Kelly, passed unanimously, to approve the minutes of March 17, 2010.   Motion by Darby, second by Buttimer, passed unanimously, to suspend the driving privileges within LOW for Lonnie Hoffa for 60 days.
   Motion by Darby, second by Sheridan, passed unanimously, to suspend the driving privileges within Lake of the Woods for John Castagnola for 30 days.
   Motion by Darby, second by Buttimer, passed unanimously, to accept the appeal of William Hulse.
   Motion by Darby, second by Buttimer, passed unanimously, to bar Jena Hunt and Lauren Romero from entering Lake of the Woods Association property until their fines are paid in full.

5. Report from Orange County District 5 Supervisor: Supervisor Lee Frame reported that the number of members on the OC Planning Commission has been reduced from 11 to 5, with one person representing each of the five districts.  Nigel Goodwin is the representative from District 5.
   Budget concerns are being addressed, but he wanted members to know that no libraries or compactor sites will be closed and no hours cut back at either location. There will be a Public Hearing on the budget on April 6 at 7:30 p.m. A week from Tuesday, the Board will be adopting the budget and setting the tax rate.

6. Report from Orange County Sheriff: No report was available.

7. Report from Security: Security Chief Danny Dobson reported there were 16 animal complaints filed in March, the majority of them for barking dogs. Due to additional radar surveillances, 120 summonses were issued.

8. Report from LOW Volunteer Fire & Rescue: Larry Eiben reported for Fire and Rescue that Fire had 33 calls for March; 14 inside LOW and 15 outside, and also provided assists to other counties on six occasions.  This is half the number of calls fielded in February.  For Rescue, there were 95 calls in March, 59 inside LOW and 36 outside LOW. Rescue calls have been slowly climbing the past few months. In cooperation with the Associa-tion, Fire and Rescue is working to train several association staff in CPR and first aid.

9. Report from Orange County School Board: School Board representative Jim Hopkins reported that on April 6 the Supervisors will be holding a public hearing on their proposed budget. The schools get about 45% of their funding from the county. The School Board has asked the supervisors for level funding for the schools plus an additional $241,000 to include funding for extracurricular activities, which are currently not provided for in the most recent budget calculations.

10. Reports of Officers:
      President Kay reported that the SB276 is expected to be signed sometime next week. He said there is another realtor’s open house planned for May 16; last year’s event was very successful.
      Motion by Flynn, second by Kelly, passed unanimously, to approve the following Committee changes listed in the memo dated April 3, 2010: (D-10-21)

Name  Status Committee
Wyatt Gosnell  TOS Communications
David Kovarik  TOS Elections
Larry Ervin TOS  Elections
Rosalind Gantz TOS Elections
Judy Schrage TOS Elections
Joann Deem TOS Elections
Carol Lee TOS Elections
Betty Beck TOS Equestrian
Irving Grimes TOS External Affairs
Connie Buttimer TOS External Affairs
Mel Hall TOS Golf
James Ogletree TOS Golf
Loretta Yurkus TOS Golf
James Lohr TOS Golf
Ed Hoffman TOS Lake Users
Ken Kaltenmark TOS Tennis
Sue Colby TOS Tennis
Don Weinert TOS Nominating
Carol Nowakoski  TOS Nominating
Betty Beck TOS Nominating
Bob Lowe  TOS Rules
Dwight Westholt  TOS Rules
Charles Grandy  TOS Rules
Steve Cakouros TOS Safety & Security
Edward Rowan TOS Safety & Security
Boggs Wright TOS Clubhouse
Peter Williams Alternate Clubhouse
Bob Jenks  Alternate Clubhouse
Janet Thompson  Alternate Clubhouse
Costa Apostolakis Voting  Communications
Donna Crawley  Voting Elections
Karen Kovarik Voting   Elections
Rani Manhard Voting   Elections
Nancy Moore Voting   Elections
Barbara Rakes Voting   Elections
Betty Tabor Voting   Elections
Wilhelmina Patterson Voting   Elections
Cindy Webb  Alternate Elections
Jane Grynaviski Alternate  Elections
Ann Wood Alternate Elections
David Kovarik Advisor Elections
Margaret Findell  Resigned Elections
Roberta Prees Resigned Elections
Debbie Fleagle Resigned Elections
Karen Cakouros Resigned Elections
Connie LeMay Resigned Elections
Stacy Berube Resigned Equestrian
Sally Goodrich Resigned  Equestrian
Linda Ritter  Resigned Equestrian
Sharon Webb Resigned Equestrian
Cathy Edwards Voting Equestrian
Alicia Payne Voting Equestrian
Judy Flynn Voting  Equestrian
Betty Tabor Voting  External Affairs
Irving Grimes Advisor External Affairs
Terry Hileman TOS  Finance
Joe Takacs  Voting Finance
Robert Fast Alternate  Finance
Robert Noble  Voting Golf
James Walsh Voting  Golf
Ginny Thoms Voting  Golf
Winston Sides  Alternate Golf
Janice Mincy Alternate  Golf
Bill Wilson Alternate Golf
Sandy Kenyon  Alternate Golf
Edwin Roessler  Alternate  Lake Users
Molly Alcott  Alternate Legal & Compliance
Des Flanigan TOS   Planning
Olive Kelly  Resigned Planning (correction)
Sue Merna TOS Pools & Fitness
Robin Barnes Alternate Pools & Fitness
Victoria Gunnet Alternate Pools & Fitness
Lawrence Huntsman Voting  Rules
Boggs Wright Voting Rules
Selven Powell  Alternate Rules
Andrew Harteveld  Voting  Safety & Security
Albert Mayott  Alternate Safety & Security
Bob Lerner  Alternate Safety & Security
Michael Truitt Alternate Safety & Security
Alexis Gray Alternate Youth Activities
Mary Paxton Resigned Youth Activities

Treasurer Kelly announced that there was no financial report available at this time. Secretary Darby had no report.

11. Report of General Manager: General Manager Ted Wessel reported that LOWA has hired a new Director of Finance, Jason Young, who will start employment on Monday. LOWA is moving forward with the building sale to Fire and Rescue. The first Happy Hour at Fareways took place last Thursday evening, and these will be continued on Thursdays. Starting April 17, there will be regular Saturday office hours at the Holcomb Building from 9 a.m. to 1 p.m.  These hours may be changed in the future depending on traffic. The new pool furniture has been ordered, and pool repair plans are also on schedule.

12. Committee Reports: Sue Merna provided the Board with a semi-annual report of Pools and Fitness Committee activities (May, 2009 – April, 2010). There were only 88 family memberships for the pools. The Committee worked on the following pool issues: increasing membership, reducing expenses, changes in the fee schedule, hours of use, and renovations to pool infrastructure and accessories, thus meeting the goals they had set for themselves.  The Fitness Center now has 599 family memberships, up from 440 in April of 2009, and is experiencing heavy use. Committee goals for 2010 are to work with management to optimize use of current space, and work with the GM and other appropriate LOWA groups and committees to establish a new fitness center facility.

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

14. UNFINISHED BUSINESS

15. NEW BUSINESS:

15.A. Consideration of Partial Refund of Special Assessment. (D-10-22)
     Motion by Sheridan, second by Buttimer, passed unanimously, to make a partial refund of the special assessment collected for the modifications of the main dam spillway as soon as the Governor signs Senate Bill 276. (The amount of the refund will be $900 to those members who have paid $1200, and $300 to those members who have paid $600. Once we have accounted for all spillway costs, we will refund all remaining funds to the members who made payments, and bill other members for any unpaid assessment fees.)

15.1 Consideration of Addition to Regulation V.N.1: Use of Individually-owned Property—Lawn Fertilizer. (First Reading) (D-10-23)
   Motion by Flynn, second by Sheridan, passed unanimously, to approve for a First Reading the addition of Regulation V.N.1: Use of Individually-owned Property.

15.2 Consideration of Semi-annual Payment Option for Annual Assessment. (D-10-24)
   Motion by Kelly, second by Sheridan, passed unanimously, to approve the semi-annual payment option for the Annual Assessment, and to set the surcharge at $79.

15.3 Consideration of Acceptance of Credit Cards for Collection of Annual Boat Registration Fees. (D-10-25)
   Motion by Kelly, second by Flynn, passed unanimously, to approve the use of credit cards for the collection of the annual Boat Registration Fees. (Payment by credit card will be handled by Administration at the Holcomb Building, not at the Security gatehouse.)

15.4 Consideration of Board Approval to Direct the Rules Committee to Formulate a Proposal and Preamble Regarding Regulation V.E.1: Maintenance of Lots at LOW. (Disposing of yard debris and road right-of-ways.) (D-10-26)
  Motion by Flynn, second by Buttimer, passed unanimously, that the Rules Committee be directed to formulate language for a proposed new Regulation to V.E.1: Maintenance of Lots at LOW.

15.5  Consideration of Board Approval to Direct the Rules Committee to Formulate a Proposal and Preamble Regarding Regulation IV.B.5: Animal Control. (Release of fish.) (D-10-27)
   Motion by Flynn, second by Darby, passed unanimously, that the Rules Committee be directed to formulate language for a proposed new Regulation addition to IV.B.5: Animal Control.

15.6 Consideration of Board Approval to Direct the Rules Committee to Formulate a Proposal and Preamble Regarding Regulation V.E.9.b: Use of Individually-owned Property. (Dock pier numbering.)
   Motion by Flynn, second by Darby, to direct the Rules Committee to formulate language for a proposed new Regulation to V.E.9: Use of Individually-owned Property.
   Motion by Sheridan, second by Darby, to table the motion. Yea: Flynn, Sheridan and Darby. Nay: Buttimer and Kelly. Motion passed.

15.7 Consideration of Approval to Direct the Rules Committee to Formulate a Proposal and Preamble Regarding Regulation X.K: Use of Lakes. (Beaches) (D-10-28)
   Motion by Flynn, second by Buttimer, passed unanimously, that the Rules Committee be directed to formulate language for a proposed new Regulation to X.K: Use of Lakes. (Vegetation control around private docks and beaches.)

16. Scheduled Meetings:
    Board Meeting, Wednesday, April 21, 2010 at 2:00 p.m. in the Community Center.
    Board Meeting, Saturday, May 1, 2010 at 10:00 a.m. in the Community Center.

17. Member General Comments: Comments were heard from: a member of the Garden Club, requesting meeting set-up and take-down fees be waived considering the extent of the free services and labor the Club provides to LOWA; a thank-you to the Board for their efforts on resolving the main dam upgrade, and to the Maintenance Department for snow removal; and two members who offered suggestions on streamlining the assessment payment and rebate process unique to LOWA this year.

18. Adjournment: 
  Motion by Sheridan, second by Kelly, passed unanimously, to adjourn the meeting at 10:58 a.m.

Margaret Darby, LOWA Secretary

 

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
April 21, 2010, 2:00 p.m., Community Center

Present                                                Others
Bruce Kay, President                            Ted Wessel, General Manager
Jeff Flynn, Vice President                      Robert Martin, Assistant GM, Operations
Margaret Darby, Secretary                   Elton Rupe, Assistant GM, Facilities
Olive Kelly, Treasurer                          Linda Hiross, Recorder
Tom Sheridan
Pat Rowland

Absent
Neil Buttimer

1. Call to Order: With a quorum present, President Kay called the meeting to order at 2:00 p.m. in the Community Center.

2. Approval of Agenda: 
    Motion by Sheridan, second by Rowland, to approve the Agenda. Motion by Darby, second by Flynn, passed unanimously, to add Item 7.5: Discussion of ECC Inspection on Homes Being Sold in LOW.
     Motion by Flynn, second by Sheridan, passed unanimously, to delete Item 7.2: Discussion of Placing Lot and Section Numbers on Docks and Piers.
     Vote on the original motion to approve the Agenda as amended passed unanimously.

3. Approval of Minutes of April 3, 2010: Motion by Darby, second by Kelly, passed unanimously, to approve the minutes of April 3, 2010.

4. Approval of Committee Changes:  Motion by Flynn, second by Darby, passed unanimously, to approve the following Committee changes as per the memo dated April 21, 2010:

Name                                      Status                          Committee
Doug Rogers                            Alternate                      Maintenance & Ecology
Laurel Buongiovanni                 Alternate                      Elections
Gina Yetter-Pilsucki                  Alternate                      Youth Activities
Robert Schwartz                       Alternate                      Lake Users
Mel Hall                                   Advisor                        Golf
Bob Lowe                                Advisor                        Rules
Edwin Roessler                         Resigned                      Lake Users
Priscilla Kowasic                      Resigned                      Communications
Doug Rogers                            Resigned                      Finance                       

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

6. UNFINISHED BUSINESS    There was no Unfinished Business.

7. NEW BUSINESS: If a motion is made, start with (D-10-29)

7.1 Discussion of Board, Staff and Committee Relationships.
      President Kay stated the purpose of the discussion was to try to come up with a proper procedure for the relationship between the staff, Board and committees. The discussion centered around proper channels of communications, how to improve communications between the appropriate levels of authorized staff and to our membership, and getting these procedures updated and documented as part of the Quality Management improvement program. There was also discussion regarding the need for staff to attend committee meetings.

7.2 Discussion of Placing Lot and Section Numbers on Docks and Piers.    (This item was deleted from the Agenda.)

7.3 Discussion of Requiring Set-up Fees for use of Association Facilities.
      The Board members discussed several possible options for changing, standardizing or eliminating the set-up/clean-up fees currently imposed by LOWA for use of Association facilities by clubs. Topics covered included the final report of the Meeting Space Working Group and difficulties encountered administering some of their recommendations; the perception of uneven application of policies depending on the group and/or facility being considered; equality of, need for, and disadvantages of the fees themselves; and how other homeowner associations handle this issue.
   The General Manager was asked to solicit input from the major clubs in LOW with feedback available for a discussion at the May 1 Board meeting.

7.4 Consideration of Removal of Article 17 from the Declaration of Restrictions.  (D-10-29)
   Motion by Darby, second by Sheridan, passed unanimously, to adopt the Resolution authorizing and directing the President to execute the amendment to eliminate the “Right of First Refusal” in Paragraph 17 of the Declaration of Restrictions on behalf of the Association, and to cause it to be recorded. 
      Secretary Darby read the report of the vote on the Referendum from the Elections Committee to the Board dated April 12, 2010 as follows: Votes needed for passage: 2129; votes to approve Resolution: 2496.25.

7.5 Discussion of ECC Inspection on Homes Being Sold in LOW.
   Secretary Darby explained that the Board felt it was in the best interests of LOWA and new homeowners in our community to require ECC inspection of properties under contract for sale so any issues can be addressed prior to signing of the final contract. GM Ted Wessel shared information on how other associations handle the inspection process for compliance purposes, and how the proposed ECC inspection process would benefit future homeowners purchasing resale property. Staffing needs to perform this work were also discussed.

8. Scheduled Meetings:
      Board Meeting: Saturday, May 1, 2010 at 10:00 a.m. in the Community Center.
      Coffee and Conversation with the Board: Wednesday, May 5, 2010 from 6:00 to  8:00 p.m. in the Clubhouse.
      Board Meeting: Wednesday, May 19, 2010 at 2:00 p.m. in the Community Center.

9. Member General Comments: Several members commented on the set-up/clean-up fees for clubs and groups; one member shared various data gathered on the cost of the dam modification project to date, and another speaker from the Potomac Group that performed a quality assessment on LOWA procedures rebutted some of the conclusions drawn from those findings; and a request that the Board not drop their challenge on classification of the main dam. The new chairman of the Golf Committee asked that Ray (Woods Center Manager) and Chester (IGM) be allowed to continue attending the Golf Committee meetings, which are limited to one hour.

10. Adjournment: 
      Motion by Rowland, second by Darby, passed unanimously, to adjourn the meeting at 4:01 p.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC. Board of Directors Meeting
May 1, 2010, 10:00 a.m., Community Center

Present   Others
Bruce Kay, President  Ted Wessel, General Manager
Jeff Flynn, Vice President  Robert Martin, Assistant GM, Operations
Margaret Darby, Secretary Elton Rupe, Assistant GM, Facilities
Olive Kelly, Treasurer Linda Hiross, Recorder (from 10:00 a.m.)
Neil Buttimer  
Tom Sheridan  
Pat Rowland  
                                                        

1. Call to Order:
    With a quorum present, President Kay called the meeting to order at 9:02 a.m. in the Community Center.

2. Executive Session:
    Motion by Rowland, second by Buttimer, passed unanimously, to enter into Executive Session at 9:03 a.m. for the purpose of discussing several personal, personnel, contractual and/or legal matters.
    Motion by Flynn, second by Darby, passed unanimously, to enter into Open Session at 10: 00 a.m., and to affirm that the Board met earlier today in Executive Session for the purpose of discussing several personal, personnel, contractual and/or legal matters. As usual, no votes were taken.

3. Approval of Agenda:  Motion by Sheridan, second by Kelly, to approve the Agenda.  Motion by Buttimer, second by Darby, passed unanimously, to add Item 15.4: Consideration of Authorization to Write Checks. Vote on original motion to approve the Agenda as amended passed unanimously.

4. Approval of Minutes of April 21, 2010: Motion by Darby, second by Flynn, passed unanimously, to approve the minutes of April 21, 2010.

5. Report from Orange County District 5 Supervisor: No report available.

6. Report from Orange County Sheriff: Chief Deputy Tim Murphy reported that for the month of April, there were 2774 calls for service from Orange County, 48 warrants served, 858 civil papers served, 27 transports and 190 summonses issued. In LOW, there were 41 calls for service, 89 civil papers served, and 38 summonses issued on Route 3.
  He reported on the investigation status of three larcenies in LOW during April. Overall, he reported April was a quiet month. The Sheriff’s department has identified suspects in the thefts that occurred from several businesses on Route 3.

7. Report from Security: Security Chief Danny Dobson reported that for the fiscal year ending April 30 there were 671 traffic summonses issued in LOW. In April, 148 vehicles and 1700 boats registered. Total boat registrations for the year ending April 30, 2010 was 4290. There were four auto accidents inside LOW. 

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

9. Report from Orange County School Board:  School Board representative Jim Hopkins reported that the School Board will approve the budget next Wednesday. The School Board will be considering special requests for reinstatement of select budget items in May, so some changes could still be made.
    He announced the High School will be presenting the play “The Wizard of Oz” next weekend. Dr. Robert Gramercy, Superintendent of Schools, will be speaking at the Civic Club meeting on May 18 at 7:15 p.m., and he encouraged members to attend. The Middle School construction is about 70 percent complete and remains on budget.

10. Reports of Officers:
      President Kay referenced an article that appeared in the Viewpoints section of the Sunday Free Lance-Star, which questioned the wisdom of our decision not to make “repairs” on the dam. President Kay read a Letter to the Editor he has written and sent to the Star for publication as a response to several erroneous assumptions made in the article.

      Vice President’s Report:
      Motion by Flynn, second by Kelly, passed unanimously, to approve the following Committee changes as listed in the memo dated May 1, 2010: (D-10-30)

Name              Status              Committee
Bob Lerner                   Voting              Safety & Security
Hal Bailey                     Voting              Legal and Compliance
John Barone                 Voting              Legal and Compliance
Winston Sides              Voting              Golf Committee
Fay Muller                    Alternate          Legal and Compliance
Mel Hall                       Advisor            Golf
Tommy Thompson        Service             Golf
George Snelling            TOS                 Legal and Compliance
Ken Burnett                  TOS                 Legal and Compliance
Ernie Meier                  TOS                 Maintenance & Ecology
Sue Erickson                Resign              Maintenance & Ecology
Dan Green                    Resign              Maintenance & Ecology
Robert Moore              Resign             Safety & Security

Vice President Flynn announced that the Board has determined it is willing to recognize a separate Fitness Committee, and members interested in being on this committee are invited to apply by filling out an application. After a committee is formed, the new Committee will be charged with creating a Charter of their own that will be separate from the Pools Committee charter.

     Treasurer’s Report:
     Treasurer Kelly announced that the books for Fiscal 2009 were closed yesterday, April 30. Financial Director Jason Young is preparing for the annual audit, which will be done by PBGH Certified Public Accountants.  The audit report is expected to be available by the August 18 Board meeting.
    Ms. Kelly provided a review of the closing out of the spillway project. At present, the total known cost of this project is approximately $721,090, which is about $169 per lot owner. Partial refunds have already been made to members who have paid more than $300. Members who have not made a payment or those who paid less than $169 will be billed for their proportionate share.
    She also said the timing of the special assessment appears to have created a negative impact on timely payment of the regular annual assessment, with receipts-to-date down 12% from last year at this time.

   Secretary’s Report:
   Motion by Darby, second by Kelly, passed unanimously, to bar Emmett Deavers, Christopher Fogg, Jason Hughes and Robert Williams from entering Lake of the Woods Association property until their fines are paid in full.

11. Report of General Manager: GM Ted Wessel reported that in reference to the passage of the Referendum deleting the Right of First Refusal clause in the Bylaws, the change will become effective when official documents are recorded with the county.  Extended office hours for administration at the Holcomb building have met with high traffic. The new pool furniture has arrived, and repairs have been made at the Clubhouse pool.

12. Committee Reports: Chair Joyce Haring of the Honors and Awards Committee announced they are seeking nominations, which are due by June 28.
     Ken Burnett, outgoing Chair of Legal and Compliance, reviewed the functions, responsibilities and processes of the committee. He reported that the committee handled 605 summonses this past year, 465 of them traffic violations. Summonses this year were down about 50% from previous years for a number of reasons due to events unique to this year, but traffic summonses have rebounded back to historical levels the past couple of months.  He reviewed the committee’s activities this past year, and made two recommendations for changes: 1) that the Board consider increasing ECC inspector staff and/or inspector hours due to the volume of work identified; and 2) that the ECC inspector be authorized to use a procedure to identify and report unregistered tenants living in the community.
   Mike Rugless, Chair of the Environmental Control Committee, reviewed the violation notification process and the time schedule involved as implemented by ECC.
    Joan Harteveld of the Clubhouse Committee announced that the Clubhouse deck opens for the season today for food service, including a new menu.

13. Member Comments on Business Agenda: Members present had no comments.

14. UNFINISHED BUSINESS   There was no unfinished business.

15. NEW BUSINESS

15.1  Discussion of Committee Charters
   Director Rowland summarized the current process used to review and approve changes to all the Committee Charters. Discussion included varying opinions on what should be included and how detailed a charter needs to be, what the roles/functions of the committees are, and what level of guidance is needed from the Board and General Manager. There was an extensive discussion on Planning Committee functions.

15.2  Discussion of ECC Inspections
   President Kay explained the discussion would center around any pros and cons associated with the proposal that ECC inspect individual properties at the time of resale prior to transfer. ECC Chair Mike Rugless reviewed how the process would work using specific scenarios as examples, and noted the need to identify exactly what conditions should be targeted for inspection. The Board asked the General Manager to get together with ECC staff to prepare a draft policy in time for review at the May 19 Board meeting.

15.3  Discussion of Reserve Fund Procedures
    Director Sheridan reviewed the various ways reserve funds have been allocated and borrowed from in the recent past. He noted there are no policies governing how these funds may be used, transferred or replaced for unplanned expenses. Discussion included what procedures and policies may need to be established. President Kay tasked Directors Sheridan and Kelly to work with the General Manager to draft some suggested policies on reserve requirements for the Board to review at the June 5 Board meeting. 

15.4 Consideration of Authorization to Write Checks. (D-10-31)
   Motion by Buttimer, second by Rowland, passed unanimously, to grant the officers of the Association, General Manager and Assistant General Managers authorization to sign checks on behalf of the Association.

16. Scheduled Meetings:
Coffee and Conversation with the Board: May 5, 6-8 p.m., at the Clubhouse.
Board Meeting: Wednesday, May 19, 2010 at 2:00 p.m. in the Community Center.
Board Meeting: Saturday, June 5, 2010 at 10:00 a.m. in the Community Center.

17. Member General Comments:
    The Board confirmed for one member that we would be required to return the $500,000 grant from the state for the dam upgrade project as per the grant contract; and another member confirmed with the Board that the ban on fertilizers containing phosphorus extended to all properties in LOW, including grounds maintenance and the golf course (unless chemical analysis of the soil confirms the need for phosphorus).

18. Adjournment: 
      Motion by Kelly, second by Darby, passed unanimously, to adjourn the meeting at 11:30 a.m.

Margaret Darby, LOWA Secretary

 

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
May 19, 2010, 2:00 p.m., Community Center

Present                                               Others
Bruce Kay, President                          Ted Wessel, General Manager
Jeff Flynn, Vice President                  Robert Martin, Assistant GM, Operations
Margaret Darby, Secretary                 Elton Rupe, Assistant GM, Facilities
Olive Kelly, Treasurer                       Linda Hiross, Recorder
Neil Buttimer
Tom Sheridan
Pat Rowland

 
1. Call to Order:  With a quorum present, President Kay called the meeting to order at 2:00 p.m. in the Community Center.

2. Approval of Agenda:  Motion by Rowland, second by Buttimer, to approve the Agenda. Motion by Sheridan, second by Darby, passed unanimously, to amend the Agenda by removing Item 7.5: Discussion of Continuance of Committees. Vote on the original motion as amended passed unanimously.

3. Approval of Minutes of May 1, 2010: Motion by Darby, second by Kelly, passed unanimously, to approve the minutes of May 1, 2010.

4. Approval of Committee Changes. Vice President Flynn announced that in order to economize on staff time, starting today Committee changes will only be announced at the first Board meeting of the month.

   President Kay reported that following receipt of a letter from the Virginia Resource Authority, the $500,000 advanced to LOWA for the upgrade to the main dam has been returned to the state as per agreement. He said that the LOWA Covenant change that deletes the Right of First Refusal requirement on resale properties within LOW has now been recorded with the County and is no longer an impediment to Veterans’ Administration mortgage loans. A Board Retreat has been scheduled for June 9 from
9 a.m. to 2  p.m. at the Clubhouse, and a Coffee and Conversation on May 29 with Directors Darby and Rowland from 10:30 a.m. to 12:30 p.m. at the Clubhouse.

5. Member Comments on Business Agenda: Boggs Wright, Chairman of the Finance Committee, spoke in support of the Finance Committee Charter being considered for approval by the Board today. Des Flanagan, Chair of the Safety and Security Committee, recommended Board members discuss any plans relative to the continuance of committees include consultation with the appropriate committee chairs. He also requested comments from the members present be requested after the Board has completed their discussion on agenda items and prior to any vote.

   Director Rowland asked GM Wessel to review the current LOWA staff vacation policy for those present, which has recently been changed.

   General Manager Wessel said that Environmental Control Committee (ECC) is being reorganized, and the jobs and staff will be part of a new Environmental Resources Department. This department will be part of the Maintenance Department and headed up by April Hughes, Director of Environmental Resources. ECC offices will be relocated to the Maintenance Building on or around May 26. The ECC will retain all support currently provided by the ECC inspector and clerk.

6. UNFINISHED BUSINESS

6.1 Consideration of Finance Committee Charter. (D-10-31)
   Motion by Kelly, second by Darby to adopt the changes to the Finance Committee Charter.
   There was a consensus that Item II.C. in the Charter should read “prepared and presented” by the General Manager.
   Motion by Rowland, second by Buttimer, to amend paragraph II.A. to reflect that the Finance Committee will develop draft guidance for the annual budget to be submitted to the Board. Vote: Yea: Kelly, Rowland, Buttimer, Sheridan and Flynn. Nay: Darby. Motion passed 5 to 1.
   Motion by Buttimer, second by Kay, to remove Paragraph II. H. Vote: Yea: Darby, Sheridan, Buttimer, Rowland and Flynn. Nay: Kelly. Motion passed 5 to 1.
   Motion by Rowland, second by Buttimer, to remove Paragraph II. I. Vote: Yea: Darby, Sheridan, Buttimer, Rowland and Flynn. Nay: Kelly. Motion passed 5 to 1.
   Motion by Flynn, second by Kelly, to leave Paragraph II.J. intact.  Vote: Yea: Darby, Flynn, Kelly, Sheridan and Buttimer. Nay: Rowland. Motion passed 5 to 1.
   Motion by Buttimer, second by Rowland, passed unanimously, to amend Paragraph II.K to read “The Committee members may review the draft of the annual audit and make comments to the Board and the General Manager during the public presentation of the audit.”
   Vote on the original motion to accept the Finance Committee Charter as amended passed unanimously.

6.2 Consideration of Proposed Amendments to Regulation V.E.1: Maintenance of Lots at LOW. (Disposal of Yard Debris in Road Right-of-Ways.) (First Reading) (D-10-32)
     Motion by Flynn, second by Darby, passed unanimously, to approve for a First Reading the proposed amendments to Regulation V.E.1: Maintenance of Lots at LOW (Disposing of yard debris in road right-of-ways.)

7. NEW BUSINESS

7.1 Presentation by Bankers Insurance on LOWA Insurance Coverage.
   General Manager Ted Wessel introduced LOWA insurance broker Wayne Pullen of Bankers Insurance, who gave a summarized presentation and overview of the types and amounts of insurance currently carried by LOWA, including variables and strategies LOWA may want to pursue to achieve cost savings on insurance premiums. He recommended the Association establish a committee of key individuals, separate from the Board, to work with the insurance broker in the future to facilitate thorough and regular reviews of insurance needs and coverages relative to good risk management practices.

7.2 Consideration of Dam Replacement Insurance. (D-10-33)
   Motion by Kelly, second by Flynn, that the Lake of the Woods Association accept Travelers Inland Marine proposal for property insurance covering damage to the Flat Run and Keaton’s Run dams at a premium of $40,283.
   Motion by Buttimer, second by Kelly, passed unanimously, to table the motion pending revision and receipt of another proposal for consideration by the Board.

7.3 Consideration of Resolution on ECC Home Inspections at Time of Move-outs.  (D-10-34)
   Motion by Darby, second by Kelly, passed unanimously, to adopt the resolution regarding on-site home inspections at the time of resale. (President Kay read the Resolution to the assembly for the record.)

7.4 Consideration of Proposed Amendments to Bylaw Article V., Section D.2: Committees. (First Reading)
   Motion by Sheridan, second by Darby, to approve for a First Reading the proposed amendments to Bylaw Article V, Section D.2: Committees.
   Motion by Darby, second by Buttimer, to add the word “Standing” before “Committees” in paragraph 2.
   Motion by Kelly, second by Sheridan, to add the sentence at the end of paragraph 2: “The committee charter will be based on a Board-approved format which is available in the Holcomb Building.” Vote: Yea: Sheridan, Kelly, Darby, Flynn and Rowland. Nay: Buttimer. Motion passed 5 to 1.
   Motion by Darby, second by Kelly, passed unanimously, to remove the next to the last sentence from Paragraph 2, Composition.
   Motion by Kelly to remove “and as requested by the Chairperson”, and remove the next two sentences. Motion died for lack of a second.
   Motion by Flynn, second by Kelly, failed unanimously, to include the procedure the Board will use to create a 3-year term staggered cycle.
   Motion by Sheridan, second by Kelly, passed unanimously, to table further discussion to the June 9, 2010 Board Retreat.

7.5 Discussion of Continuance of Committees.   (This item was removed from the Agenda.)

7.6 Consideration of Slate of Candidates for the 2010 Board of Directors Election.  (D-10-35)
   Motion by Darby, second by Buttimer, passed unanimously, to accept and approve the Slate of Candidates for the 2010 Board of Directors election. 
   President Kay read the list of candidates received in a memo from the Chairman of the Nominating Committee, Peter Williams, dated May 18, 2010. The names are as follows: Anne Goodwin, Daniel Greene, Joseph Jackson, David McKee, Ernest Meier and Robert Shope.

7.7 Consideration of Request to Enter Lots for Maintenance. (D-10-36)
   Motion by Darby, second by Kelly, passed unanimously, that the lots identified in the memo from Ed Taylor, ECC Inspector to GM Ted Wessel dated May 12, 2010 be entered and lots brought back into compliance, and that the respective properties be billed for the costs related to such work.

8.  Scheduled Meetings:
   Coffee and Conversation with the Board: May 29, 2010 at 10:30 a.m. in the Clubhouse.
   Board Meeting: Saturday, June 5, 2010 at 10:00 a.m. in the Community Center.
   Board Retreat: Wednesday, June 9, 2010, 9:00 a.m. to 2 p.m. in the Clubhouse.
   Board Meeting, Wednesday, June 16, 2010 at 2:00 p.m. in the Community Center.
   There will be no Board meeting on July 3, 2010.

9. Member General Comments: One member questioned the criteria used to establish fees for the use of LOWA meeting space.    

10. Adjournment:  Motion by Buttimer, second by Darby, passed unanimously, to adjourn the meeting at 4:43 p.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
June 5, 2010, 10:00 a.m., Community Center

 

Present                                               Others
Bruce Kay, President                          Ted Wessel, General Manager
Jeff Flynn, Vice President                  Elton Rupe, Assistant GM, Facilities
Margaret Darby, Secretary                 Linda Hiross, Recorder (from 10:00 a.m.)
Olive Kelly, Treasurer
Neil Buttimer
Tom Sheridan
Pat Rowland

1. Call to Order:   With a quorum present, President Kay called the meeting to order at 9:01 a.m. in the Community Center.

2. Executive Session:
    Motion by Sheridan, second by Darby, passed unanimously, to enter into Executive Session at 9:02 a.m. for the purpose of discussing several personal, personnel, contractual and/or legal matters.
    Motion by Rowland, second by Buttimer, passed unanimously, to enter into Open Session at 10:00 a.m., and to affirm that the Board met earlier today in Executive Session for the purpose of discussing several personal, personnel, contractual and/or legal matters. As usual, no votes were taken.

3. Approval of Agenda:  Motion by Buttimer, second by Sheridan, to approve the Agenda. Motion by Kelly, second by Sheridan, passed unanimously, to amend the agenda by adding Item 14.A: Consideration of Final Distribution of Special Assessment Funds. Original motion as amended passed unanimously.

4. Approval of Minutes of May 19, 2010: Motion by Darby, second by Kelly, passed unanimously, to approve the minutes of May 19, 2010.

5. Report from Orange County District 5 Supervisor: Supervisor Lee Frame reported that District 4 Supervisor Grover Wilson is recovering well following a recent stroke, and will be participating in county business as his health permits. The Supervisors will be considering an increase in building permit fees and the timing for the next property value reassessment, currently scheduled at 5-year intervals. He reported that the property owners are harvesting lumber at the intersection of Rtes. 20 and 601, in addition to providing easements necessary to accommodate needs of the adjacent middle school. A new turn lane will also be added and the land may be used for commercial purposes in the future if rezoning is granted. He will look into the need for silt fences at the construction site.
   Mr. Frame also reported that the seniors at Orange County High School received a remarkable total of $870,000 in scholarships this year.

6. Report from Orange County Sheriff: Sheriff Mark Amos reported that for the month of May there were 2787 calls for service in Orange County, for a total of 12,744 so far this year. They served 55 arrest warrants, 780 civil papers, performed 24 transports and issued 246 summonses, for a total of 1,161 for the year. Inside LOW, there were 44 calls for service, 75 civil papers served. Twenty-four tickets were written on Route 3 for a total of 162 year-to-date.

   He reported on several arrests that were made in a number of recent cases that included aggravated sexual battery of a minor, and car and house break-ins with theft. The men arrested were all in their late teens and early 20’s. He encouraged members to report any home break-ins and stolen items so these can be investigated also. One man was arrested in a child pornography case and is jailed without bond.

   He mentioned that the May Golf Tournament netted $7000, which will be used to fund the Citizen’s Police Academy program.
   He asked members to be certain to keep their cars locked no matter where they are parked in the community.

7. Report from Security: Security Chief Danny Dobson reported that there were 14 theft incidents reported, 48 traffic summonses issued and 35 boat summonses (34 for no boat sticker, 1 for reckless use of a boat or jet ski). In May they handled 562 boat registrations, and there are 2799 boats registered in total. 

8. Report from LOW Volunteer Fire & Rescue: Mr. Hank Altman reported that in May Rescue responded to 49 calls and Fire responded to 38, 16 of those inside LOW and 22 outside LOW. One of the outside calls was a brush fire that destroyed 23 acres close to the back gate, and the cause is still under investigation.

   The Rescue Squad is offering both an EMT and a CPR course for interested residents. The Annual Fire and Rescue Fund Drive is about to start. Residents will be receiving letters shortly.

   The Veteran’s group is sponsoring the July 4 parade this year, but Fire and Rescue is sponsoring the festival on Clubhouse point. There will be a water-ski show and Pops Concert on the point after the festival, and a fireworks display at dusk.

9. Report from Orange County School Board Representative:  Mr. Jim Hopkins reported that 385 seniors will be graduating this morning from Orange County High School. Yesterday was the last day of school. He said the new Middle School will open in September, 2011. The new school budget is now set with the loss of 58 positions, including two string teachers. An unexpected $1 million in additional funds resulted in four teaching positions being reinstated, with the remainder of those funds put in reserve for now.  Some non-Board staff are working on getting a Vocational Technical School in Orange near the high school, but additional funds are needed to pay for a preliminary architectural design.  

10. Reports of Officers:
      President Kay announced that Governor McDonnell will be at the LOW Clubhouse on Wednesday, June 16 at 9:00 a.m. for a ceremonial signing of Senate Bill 276.
      Management is currently interviewing applicants to fill the ECC inspector vacancy created by the resignation of Ed Taylor.
      He thanked several local real estate companies for their newspaper ads promoting the LOW Open House scheduled for June 6. There will be 60 homes participating in the event.
      He has asked Director Darby to work with the Sheriff’s office and US Security to explore how to establish a Neighborhood Watch program within LOW.  
     
      Vice President’s Report:
      Motion by Flynn, second by Kelly, passed unanimously, to approve the following Committee changes as listed in the memo dated June 5, 2010: (D-10-37)

Name                          Status             Committee
Doug Rogers               Voting             Maintenance & Ecology
Ken Rouse                  Voting             Maintenance & Ecology
Robert Shope              Alternate         Maintenance & Ecology
Robin Barnes              Voting             Pools
Rima Laviano             Voting             Pools
Judy Barnes                Alternate         Pools
Jennifer Zukowski      Advisor           Pools
Tommy Thompson     Advisor           Golf
Jim Murphy                Advisor           Golf
Sandy Kenyon            Resign             Golf
Theresa Critchfield    Resign             Equestrian
Bob Halstead              Voting             Lake Users
Julie Wilson               Alternate         Lake Users
Melinda Wallace        Resign             Lake Users
Albert Mayott             Voting             Safety & Security
Bob Lerner                  Resign             Safety & Security
Larry Ervin                 Advisor           Elections
Peter Williams           Voting             Clubhouse
Bob Jenks                   Voting             Clubhouse
Susan Colby                Alternate         Clubhouse
Sharon Kaltenmark    Alternate         Clubhouse

   Motion by Flynn, second by Buttimer, passed unanimously, to establish the Fitness Committee as a new standing committee with the following list of initial voting
members: Charles Russell Jr., David Ketch, Jennifer Zukowski, Daniel Greene, A.F. Quattromani, Jon Anderson and Donna Price. (D-10-38)
   The new committee is being charged with coming up with a Charter by the July 21 Board meeting.

     Treasurer’s Report: Treasurer Kelly deferred her report until the Board takes up Item 14.A on the Agenda.

     Secretary’s Report:
     Motion by Darby, second by Rowland, passed unanimously, to bar Corey Boone, Matrissa Carter, Stonnie Fisher and James Rost from entering Lake of the Woods Association property until their fines are paid in full.
     Motion by Darby, second by Buttimer, passed unanimously, to suspend the driving privileges within LOW for Bethanne Elbert for 60 days.
   
11. Report of General Manager: Mr. Wessel reported that the first phase of the renovations of the restrooms at the Clubhouse pool has been completed; after the pool is closed, the deck refurbishing will be finished. The auditors will arrive this week to start their annual audit of LOWA finances.

12. Committee Reports:  Des Flanagan reported for Safety and Security that they are investigating appropriate unmanned surveillance devices to deter property damage and improve safety at key locations in LOW. They are also studying the possible use of handheld devices to detect and identify speeders on our roads, and reviewing LOWA’s contract with US Security, particularly the post orders. The Committee is looking for new members.
   Doug Crain, Chair of the currently inactive Dam Regulations Working Group, asked the Board to reactivate the group to get the classification on the main dam changed.

13. Member Comments on Business Agenda: Julie Wilson of the Lake Users Committee made several comments addressing the Lake Safety Ad Hoc Committee report scheduled for later in today’s meeting. She reviewed several issues and the difficulties in getting them clarified, resolved and/or recommendations acted on. She presented a strong case in favor of licensing of boat operators and adoption of Virginia State boating certification.

14. UNFINISHED BUSINESS

14.A: Consideration of Final Distribution of Special Assessment Funds. (D-10-39)
    Motion by Kelly, second by Sheridan, passed unanimously, to approve the total cost of the spillway project to be $594,154.24.
   Motion by Buttimer, second by Flynn, passed unanimously, to amend the motion to state that the total is “equal to $139.57 per lot owner”. Original motion as amended passed unanimously.

   Treasurer Kelly explained how the spillway project will be closed out. Refunds will be sent to those members who have paid more than $139.57, and bills for $189.57 sent to those who have not yet made a payment; the latter amount includes a $50 late payment penalty. A letter with a personal statement and a detailed summary of the actual cost of the spillway project will be sent to all members no later than June 18 explaining the process.
   She said the operating budget for the fiscal year ending April 30 is expected to show a surplus of about $256,000. The cash reserve balance is expected to be $1.5 million. These are not final figures until we receive the audit report in August.

   Ms. Kelly said that the collections for assessments for this year are about 5% behind 2009 collections when compared to this time last year. This may reflect the current economy, but special efforts are being made to improve the collection process.
   A new format for LOWA accounting reports will be issued at the end of this month. The new report format will be transparent, easy to understand and consistent with good generally-accepted accounting principles.

14.1 Consideration of Addition to Regulation V.N.1: Use of Individually-owned Property (Lawn Fertilizer.) (Second Reading) (D-10-40)
    Motion by Flynn, second by Darby, passed unanimously, to amend Section V. of the LOW Regulations by adding Section N.1: The application of fertilizer containing phosphorus shall be prohibited, except when a soil test deems it to be necessary and a permit is obtained from the General Manager’s office.

14.2 Presentation by the Lake Safety Ad Hoc Committee.
   John Edwards, Chair of the Lake Safety Ad Hoc Committee, reported the committee met for over a period of 7 weeks from March thru May. Their focus was to identify problems and provide recommendations to improve safety on both lakes. Their final report was issued May 13. A list of 26 problems were identified and discussed. Enforcement data for the last five years was reviewed. Mr. Edwards reviewed several of the issues and the recommendations contained in the report. One key recommendation was that the LOW Boating Safety Test be expanded to include information in the Virginia State Boating Certification requirements. All the details of Mr. Edwards presentation are available online on the Committee blog.

15. NEW BUSINESS

15.1 Consideration of Proposal to Amend LOWA Regulation XVI.D.4.e.2: Environ-mental Control and Construction Procedures. (House Color Chart) (D-10-41)
   Motion by Darby, second by Buttimer, passed unanimously, to direct the Rules Committee to publish the proposed text amending Section XVI.D.4.e.2: Environmental Control and Construction Procedures of the LOWA Regulations in the June 18, 2010 edition of the Lake Currents, with a request for written comments to the Board by July 16, 2010 for consideration by the Board of Directors at their August 7, 2010 meeting.

15.2 Consideration of Request to Enter Lots for Maintenance. (D-10-42)
   Motion by Darby, second by Buttimer, passed unanimously, that Section 10, Lot 133 and Section 11, Lot 276 be entered and the lots be mowed and cleared of debris, and that
the respective properties be billed for the costs related to such work in accordance with Paragraph 14 of the Restrictive Covenants.

   Motion by Darby, second by Flynn, passed unanimously, that Section 13, Lot 226 be entered and the dead tree removed, the mattress removed, and the trampoline removed from the set-back, and the respective property be billed for the costs related to such work in accordance with Paragraph 14 of the Restrictive Covenants.

16. Scheduled Meetings:
      Board Retreat: Wednesday, June 9, 2010 at 9:00 a.m. in the Clubhouse.
      Board Meeting: Wednesday, June 16, 2010 at 2:00 p.m. in the Community Center.
      There is no July 3, 2010 Board Meeting.
      Board Meeting: Wednesday, July 21, 2010 at 2:00 p.m. in the Community Center.

17. Member General Comments: Mr. Hank Lewis of the Lake Youth Foundation reported on another successful Children’s Fishing Tournament on May 22, with 122 children participating. He thanked the Board, LOWA Maintenance Department, the many volunteers and sponsors, and Clearwater Grill (food) for all their generous donations of time, goods and services. 

18. Adjournment:   Motion by Kelly, second by Darby, passed unanimously, to adjourn the meeting at 11:32 a.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
June 16, 2010, 2:00 p.m., Community Center

Present                                               Others
Bruce Kay, President                          Ted Wessel, General Manager
Jeff Flynn, Vice President                  Linda Hiross, Recorder
Margaret Darby, Secretary
Olive Kelly, Treasurer
Neil Buttimer
Tom Sheridan
Pat Rowland
 
1. Call to Order: With a quorum present, President Kay called the meeting to order at 2:00 p.m. in the Community Center.

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

2.A. President’s Remarks: President Kay thanked the LOWA staff and Security for setting up the Clubhouse this morning and preparations for Governor McDonnell’s visit.
   He said the Board has received a lot of e-mails commenting on a recent LOW “crime spree”. He assured members that there is no “crime spree”, and provided an update on the status of some cases currently under investigation. Establishing a Neighborhood Watch would be helpful, and this is being explored.
   President Kay announced that an Ad Hoc Committee for Lake Safety has been formed. Members will include John Edwards, Warren Reeves, Dave Blakistone and Mike Rugless, and will be headed by Director Pat Rowland. Their first meeting is scheduled for June 23 at 7:30 p.m. at the Holcomb Conference Room, and is open to the community.

3. Approval of Minutes of June 5, 2010.
    Motion by Darby, second by Kelly, passed unanimously, to approve the minutes from the June 5, 2010 Board meeting with an amendment to page 2041, second paragraph, second sentence, changing $189.47 to $189.57.

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

5. UNFINISHED BUSINESS

5.1 Consideration of Proposed Amendments to Bylaw Article V, Section D.2: Committees. (First Reading) (D-10-43)
   Motion by Darby, second by Buttimer, to approve the proposed amendments to Bylaw Article V, Section D.2: Committees.
    Motion by Sheridan, second by Darby, passed unanimously, that the Board vote again to accept the wording of the second sentence of paragraph 2.c: Voting, to establish a majority vote on this item.
    Motion by Sheridan, second by Rowland, to remove the second sentence in the second paragraph of 2.d: Tenure, and replace the wording in the first sentence “moved up to a voting position” with the wording “given the first opportunity to move up to a voting position.” Vote on the motion: Yea: Sheridan, Buttimer and Rowland. Nay: Flynn, Darby and Kelly. President Kay voted “Nay” to break the tie. Motion failed 4 to 3.
    Vote on the original motion to approve the proposed amendments to Bylaw Article V Section D.2 as amended: Yea: Flynn, Darby, Sheridan, Buttimer and Rowland. Nay: Kelly. Motion passed 5 to 1.

6. NEW BUSINESS    There was no new business.

7. Scheduled Meetings:
    There is no July 3, 2010 Board meeting.
    Board Meeting: Wednesday, July 21, 2010 at 2:00 p.m. in the Community Center

8. Members General Comments:
    Boggs Wright of the Finance Committee shared a memo from the Finance Committee to the Board dated June 7, which recommended the Board establish an insurance working group to include the Treasurer, Finance Director and one individual appointed by the Chair of the Finance Committee. This new group would be tasked with evaluating the Association’s insurance needs and present coverages, and make recommendations on policies and coverage to the Board and the General Manager.
   The Finance Committee has started the process of developing budget guidelines, which are scheduled to be ready in October.

9. Adjournment: Motion by Sheridan passed unanimously, to adjourn the meeting at 2:25 p.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
July 21, 2010, 2:00 p.m., Community Center

Present                                               Others
Bruce Kay, President                          Ted Wessel, General Manager
Jeff Flynn, Vice President                  Linda Hiross, Recorder
Margaret Darby, Secretary
Olive Kelly, Treasurer
Neil Buttimer
Tom Sheridan
Pat Rowland
 
1. Call to Order:
    With a quorum present, President Kay called the meeting to order at 12:01 p.m. in the Community Center.

2. Executive Session: Motion by Buttimer, second by Darby, passed unanimously, to enter into Executive Session at 12:02 p.m., for the purpose of discussing several personal, personnel, contractual and legal matters.

3. Open Session: Motion by Sheridan, second by Rowland, passed unanimously, to enter into Open Session at 2:00 p.m, and to affirm that the Board met in Executive Session earlier today to discuss several personal, personnel, contractual and legal matters. As usual, no votes were taken.

4. Approval of Agenda: Motion by Rowland, second by Darby, to approve the Agenda.
Motion by Sheridan, second by Darby, passed unanimously, to amend the agenda by removing Item 8.1: Consideration of Proposed Amendment to Regulation V.E.1. Motion by Sheridan, second by Rowland, passed unanimously, to amend the agenda by removing Item 9.1: Consideration of Maintenance and Ecology Charter. Vote on the original motion to approve the Agenda as amended passed unanimously.

Officer’s Reports:
   President Kay noted over 100 people attended last week’s informational meeting on Neighborhood Watch.
   He reported that he joined GM Ted Wessel and Elton Rupe, AGM of Facilities at the Soil and Water Conservation Board meeting in Richmond last week. Discussions with key state administrators revealed LOWA is the first in the state of Virginia to obtain a 6-year operations and maintenance certificate for Keaton’s Run dam. Paperwork for another 6-year certificate for our main dam is also in the process of being prepared.
   LOWA has received a proposal from the Safety and Security Committee requesting that the Board retract their previous approval of an ad hoc committee to study boating and safety regulations on the lake.  Director Rowland gave a review of the personnel serving on this committee, and the list of tasks completed and those still in progress. President Kay advised that the Board will wait for the ad hoc committee’s final report and recommendations before making a decision.
  President Kay said the Sheriff’s office reported that they have detained 10-12 individuals suspected of being responsible for several vandalism incidents throughout the community. This investigation will continue.
   General Manager Ted Wessel spoke on the need for a Neighborhood Watch program in the community. He asked interested members to contact him to state their interest in participating in the Watch program. He also reported that four people have been arrested in relation to a home repair scam here in LOW. 

5. Approval of Minutes of June 16, 2010: Motion by Darby, second by Flynn, passed unanimously, to approve the minutes of June 16, 2010.

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

7. Report from RSA Regarding the Recent Increase in Sewer and Water Rates, and Status of Improvements to the Vacuum Sewer System.
    RSA General Manger Dudley Pattie updated the members on the reasons for the increase in sewer rates, the status of the vacuum sewer system repairs and improvements, and plans for future upgrades. Federal and state regulations and executive orders of the President are requiring sewage treatment plant upgrades. Reduction in nitrogen and phosphorus levels is now required to meet Chesapeake Bay Act goals and guidelines.

8. UNFINISHED BUSINESS

8.1 Consideration of Proposed Amendments to Regulation V.E.1: Maintenance of Lots in LOW. (Disposing of yard debris in right-of-ways). (Second Reading)  
  (This item was removed from the Agenda.)

8.2 Consideration of Dam Replacement Insurance. (D-10-44)
   Motion by Kelly, second by Flynn, that LOWA accept the insurance proposal from Traveler’s Insurance Company with a $100,000 deductible and a premium of $29,000 to replace Veterans’ Memorial and Keaton’s Run dams. Vote on the motion: Yea: Kelly, Flynn, Darby, Rowland and Sheridan. Nay: Buttimer. Motion passed 5 to 1.

9. NEW BUSINESS

9.1 Consideration of Maintenance and Ecology Committee Charter.
   (This item was removed from the Agenda.)

9.2 Consideration of Lakes Committee Charter. (D-10-45)
   Motion by Flynn, second by Darby, to approve the Lakes Committee Charter.
   Motion by Sheridan, second by Flynn, passed unanimously, to amend Paragraph II.E. to state that the Committee reviews with the Environmental Resource Department the annual lakes fish restocking program.
   Motion by Buttimer, second by Sheridan, passed unanimously, to delete all the words after “new capital” and before ”for the lake amenities.” in Paragraph II.D.
   Vote on the original motion to approve the Lakes Charter as amended passed unanimously.

9.3 Consideration of Pools Committee Charter. (D-10-46)
  Motion by Sheridan, second by Rowland, to approve the Pools Committee Charter.
  Motion by Rowland, second by Darby, passed unanimously, to add the word “pool” before “procedures” in the first sentence of Paragraph II.C; and strike the phrase “ before processing them through the Rules Committee” in the last sentence of Paragraph II.C. and replace it with “and make recommendations”.
  Motion by Darby, second by Sheridan, passed unanimously, to reverse the order of  A. and B. in Section III: Special Characteristics.
      Vote on the original motion to approve the Pools Committee Charter as amended passed unanimously.

9.4 Consideration of Clubhouse Committee Charter. (D-10-47)
  Motion by Kelly, second by Sheridan, to approve the Clubhouse Committee Charter.
  Motion by Rowland, second by Sheridan, passed unanimously, to strike the wording “before formally processing them through the Rules Committee” in Paragraph II.D. and replacing it with “making recommendations to the Board of Directors for approval.”
  Vote on the original motion to approve the Clubhouse Committee Charter as amended passed unanimously.

9.5 Consideration of Fitness Committee Charter. (D-10-48)
  Motion by Sheridan, second by Darby, passed unanimously, to approve the Fitness Committee Charter.

9.6 Consideration of Elections Committee Charter. (D-10-49)
  Motion by Darby, second by Kelly, to approve the Elections Committee Charter.
  Motion by Sheridan, second by Kelly, passed unanimously, to amend the Charter by adding that “Members of the Elections Committee cannot serve on the Nominating Committee” at the end of Section III.
  Motion by Darby, second by Flynn, passed unanimously, to strike the first paragraph of Section II: Committee Responsibilities, because it is duplicated under Section III.
  Motion by Darby, second by Buttimer, to add under Special Characteristics “This Committee may have up to five (5) alternates.”
  Vote on the original motion to approve the Elections Committee Charter as amended passed unanimously.

9.7 Consideration of Legal and Compliance Committee Charter. (D-10-50)
  Motion by Darby, second by Kelly, to approve the Legal and Compliance Committee Charter.
  Motion by Sheridan, second by Flynn, to amend the Charter to include that members of the Legal and Compliance Committee shall not serve on the Environmental Control Committee.
  Vote on the original motion to approve the Legal and Compliance Charter as amended passed unanimously.

9.8 Consideration of Community and Youth Activities Committee Charter.
  Motion by Buttimer, second by Flynn, to approve the Community and Youth Activities Charter.
  Motion by Kay, second by Kelly to table the motion. Vote: Yea: Kelly, Flynn and Darby. Nay: Sheridan, Buttimer and Rowland. President Kay voted “yea” to break the tie. Motion was tabled.

9.9 Consideration of the Rules Committee Charter.
  Motion by Buttimer, second by Kelly, to approve the Rules Committee Charter.
  Motion by Rowland, second by Darby, passed unanimously, to table the motion.

9.10 Consideration of Planning Committee Charter. (D-10-51)
  Motion by Rowland, second by Sheridan, passed unanimously, to approve the Planning Committee Charter.
  Motion by Rowland, second by Sheridan, to substitute the term “Master Plan” wherever the term “Five-year Plan” appears in the Charter. Vote: Yea: Rowland, Sheridan, Darby and Buttimer. Nay: Flynn and Kelly. Motion passed 4 to 2.
  Motion by Rowland, second by Sheridan, passed unanimously, to remove “and implementation” in Paragraph II.B and place a period after “Committees”; and remove “and the associated operation centers preparing their portion of the CBP.”
  Motion by Rowland, second by Sheridan, to replace Paragraph II.C. with “Review the General Manager’s Five-year Capital Budget plan and make recommendations to the Board on the plan.” Vote: Yea: Buttimer, Rowland, Darby, Sheridan and Darby. Nay: Flynn. Motion passed 5 to 1.
  Motion by Rowland, second by Darby, passed unanimously, to change Paragraph II.D to read “Design, develop, and with the approval of the Board, implement an annual LOWA Survey to update the Master Plan.”
  Motion by Buttimer, second by Sheridan, passed unanimously, to replace the numeric “5”s in the text throughout with the word “Five”.
  Motion by Sheridan, second by Darby, passed unanimously, to add the sentence “Voting and alternate members of the Planning Committee may not serve on the Finance Committee.
  Vote on the original motion to approve the Planning Committee Charter as amended passed unanimously.

9.11 Consideration of Nominating Committee Charter.
  Motion by Flynn, second by Sheridan, to approve the Nominating Committee Charter.
  Motion by Buttimer, second by Darby, passed unanimously, to table the motion.

9.12 Consideration of Golf Committee Charter. (D-10-52)
  Motion by Sheridan, second by Kelly, to approve the Golf Committee Charter.
  Motion by Darby, second by Rowland, passed unanimously, to move Paragraph D of Section III to the A position under Section II, and reletter the subsequent paragraphs sequentially.
  Motion by Sheridan, second by Rowland, to reword Paragraph III.C. (new III.D.) to read: “The Golf Committee will have nine (9) members. The eighth and ninth positions are reserved for the President of the MGA and the President of the LGA.”; and removing the phrase “if they are not already Golf Committee members.”
  Vote on the original motion to approve the Golf Committee Charter as amended was unanimous.

9.13 Consideration of Safety and Security Committee Charter.
  Motion by Flynn, second by Kelly, to approve the Safety and Security Committee Charter. 
  Motion by Darby, second by Rowland, passed unanimously, to table the motion.

9.14 Consideration of Equestrian Committee Charter. (D-10-53)
   Motion by Buttimer, second by Flynn, to approve the Equestrian Committee Charter.
   Motion by Flynn, second by Darby, to add a paragraph in the Special Characteristics section that states “All LOWA Committees must follow the LOWA guidelines and the Bylaws, specifically Article V: Organization, Section D: Committees.”
   Vote on the original motion to approve the Equestrian Committee Charter passed unanimously.

9.15 Consideration of Liability and Workers’ Compensation Insurance. (D-10-54)
   Motion by Kelly, second by Sheridan, that LOWA accept the proposal for liability and workers’ compensation insurance for renewal of insurance policies as presented in the account analysis prepared by Bankers Insurance for a total premium of $207,915.00.
   Motion by Buttimer, second by Rowland, passed unanimously, to change the premium amount to $211,436, with a $1000 deductible.
  Vote on the original motion as amended passed unanimously.

10. Scheduled Meetings:
    Board Meeting, Saturday, August 7, 2010 at 10:00 a.m. in the Community Center.
    Board Meeting, Wednesday, August 18, 2010 at 2:00 p.m. in the Community Center.

11. Members’ General Comments: One member asked the Board to consult committee chairs when they have questions on the Charters. Another member asked the Board to
invite an RSA representative to hold a public meeting at the lake to provide information about the elevated haloacetic acid levels in our drinking water. 

12. Adjournment: Motion by Rowland passed unanimously to adjourn the meeting at 3:48 p.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
August 7, 2010, 10:00 a.m., Community Center

 

Present                                               Others
Bruce Kay, President                          Ted Wessel, General Manager
Jeff Flynn, Vice President                  Linda Hiross, Recorder (from 10:00 a.m.)
Margaret Darby, Secretary                 Larry Cole, Director of Finance
Olive Kelly, Treasurer
Neil Buttimer
Tom Sheridan
Pat Rowland
 
1. Call to Order:
    With a quorum present, President Kay called the meeting to order at 9:00 a.m. in the Community Center.

2. Executive Session: Motion by Buttimer, second by Darby, passed unanimously, to enter into Executive Session at 9:01 a.m., for the purpose of discussing several personal, personnel, contractual and legal matters.
     Motion by Sheridan, second by Rowland, passed unanimously, to enter into Open Session at 10:02 a.m., and to affirm that the Board met in Executive Session earlier today to discuss several personal, personnel, contractual and legal matters. As usual, no votes were taken.

3. Approval of Agenda: Motion by Rowland, second by Darby, to approve the Agenda.
    Motion by Sheridan, second by Rowland, passed unanimously, to amend the Agenda by removing Item 14.1: Consideration of Proposal to Amend LOWA Regulation XVI.D.4.e.2: Environmental Control Construction Procedures.
    Motion by Sheridan, second by Darby, passed unanimously, to change the wording of Item 15.3 to read: Consideration of Directing the GM to issue an RFP to replace the golf course irrigation system.
    Motion by Flynn, second by Kelly to delete Item 15.3 from the Agenda. Vote: Yea: Kelly and Flynn. Nay: Buttimer, Sheridan, Rowland and Darby. Motion failed 4 to 2.
    Motion by Flynn, second by Darby, to add Item 15.5: Discussion of Facility Use and Fees. Vote: Yea: Flynn, Darby, Kelly, Rowland and Sheridan. Nay: Buttimer. Motion passed 5 to 1.
    Vote on the original motion to approve the Agenda as amended passed unanimously.
    
4. Approval of Minutes of July 21, 2010: Motion by Darby, second by Kelly, passed unanimously, to approve the minutes of July 21, 2010.

5. Report from Orange County District 5 Supervisor: No report available.

6. Report from Orange County Sheriff: No report available.

7. Report from Security: Captain Elliott of US Security reported that in July there were 159 calls for service. There were 13 vandalisms, 23 summons and 9 incidents classified as “other”.  There were 10 boat summonses, 134 vehicles registered and 97 boats registered.  There was one vehicle accident and one boat accident, one arrest made, and 4293 miles patrolled during the month.

8. Report from LOW Fire & Rescue: Hank Altman reported that in July Rescue responded to 102 calls, 63 inside LOW, 35 outside, and 4 in other jurisdictions, totaling 650 calls year-to-date. For the Fire Department, there were 30 calls, 15 inside LOW, 14 outside and one elsewhere. Fire and Rescue now has an active auxiliary, and he invited those who would like to help with these various support activities to become active.

9. Report from Orange County School Board: Representative Jim Hopkins reported that several administrative staff positions have been filled by current employees already in the Orange County school system. No new positions were created. There will be a meeting on August 19 at the Woods Center for RSA to provide information on the project to LOW lot owners in Section 9 affected by the sewer upgrades.

10. Reports of Officers:
      President Kay reminded members to vote in the Board election and attend the Candidates Forum tomorrow at 4:00 p.m. in the Community Center.
   Vice President Flynn announced that the External Affairs Committee meeting scheduled for next week has been cancelled.
   Motion by Flynn, second by Kelly, passed unanimously, to approve the following committee changes: (D-10-55)

Name                          Status             Committee
Joe Jackson                 Resign             External Affairs
Robert Haring             Voting             Finance
Lawrence Reinhart     Alternate         Fitness
Janice Mincey            Voting             Golf
Robert Schwartz         Voting             Lakes
Carleton Murray         Resign             Lakes
Molly Alcott               Voting             LCC
Mike Musatow           Alternate         LCC
Joe Jackson                 Resign             LCC
Warren Lee                 Voting             M & E
Bob Shope                  Advisor           M & E
Ozzie Schmidt             Advisor           M & E
Arlene DeSimone       Voting             Pools
David Ketch                Resign             Pools
Alice Mote                   Voting             Tennis
Bob Lewis                    Voting             Tennis
Lee Crowell                  Voting             Youth Activities
Gina Yetter-Pilsucki     Voting             Youth Activities
Alexis Gray                   Voting             Youth Activities
Mayeisha Parker            Resign             Youth Activities

   The Treasurer’s Report is attached as (D-10-56).
   Treasurer Kelly reported on how our cash position is allocated, how we cover the budget and how much is set aside in the reserve account to meet future and capital needs. An updated financial report for July will appear in the Lake Currents as soon as it is available. The auditor will present the 2009 audited fiscal 2009 report at the next Board meeting on August 18.
   For the two months ended June 30, actual net operating income was $159k better than budgeted. Accounts Receivable, however, remains high. As of the end of July, prior year outstanding balance on regular assessment was $276k. In addition, $50k in special assessment is still outstanding. Current year receivables are about $695k. Clearly, this is an area of concern.
   A new staff accountant has been hired, Jennifer Parkinson, who will start her employment with LOWA on August 9.
   Motion by Buttimer, second by Rowland, that the Board direct the Finance Committee to evaluate our investment program and make recommendations for improvements if necessary. Vote: Yea: Sheridan, Rowland and Buttimer. Nay: Kelly, Darby and Flynn. President Kay voted “nay” to break the tie. Motion failed.

   Secretary’s Report:
   Motion by Darby, second by Flynn, passed unanimously, to deny the appeal of Robin Maddox.
   Motion by Darby, second by Flynn, passed unanimously, to bar Amy Cooper, Everett Garnett, Yesmin Perdomo, Kristen Swanson, Vince Vitale, Steven Frye, Kelli Hebling, Carolyn Hernandez, Christopher Poole and Tracy Hall, Jr. from LOW until their fines are paid in full.

11. Report of General Manager: GM Ted Wessel introduced Larry Cole, who is our new Director of Finance.
    On August 31 at 7:30 p.m. at the Community Center, the Virginia Department of Game and Inland Fisheries staff will give a presentation on boat safety.
   He noted he has had only four responses from members who are willing to join the new Neighborhood Watch initiative, and the program will need many more volunteers to be effective. He told residents that in cases where Security cannot confirm reported violations when they arrive on the scene, members can put the details in writing to the LCC and request action. Also, if residents are willing to provide use of their personal driveways to Security, speeding violations would have a better chance of being documented.
   He reviewed the current activities of the Lakes Committee, whose members are working cooperatively with LOWA administration on several projects. He stated one
boating incident investigation by the Virginia Department of Game and Inland Fisheries (DGIF) has been closed, and one is still ongoing. DGIF has requested that anyone who was a witness to the July 3 boating accident, especially if they were a passenger on the boat and have not been previously interviewed, to please contact DGIF.

12: Committee Reports: Joan Harteveld provided a short report from the Clubhouse Committee. Des Flanagan of the Safety and Security reported on recent committee activities which included assisting the Board and GM in proper implementation of the Security contract. They have reviewed and reported on the guard orders, and are focusing on front gate procedures. They are working with the Lakes Committee to improve safety on our lakes and made recommendations to the Board, specifically as their findings relate to the new Virginia Boating Safety Certification requirements. Lastly, he summarized ten points developed by the Committee chairs, which should be considered by the Board now that the Committees are reporting directly to the Board.

13. Member Comments on Business Agenda: Finance Committee Chair Boggs Wright shared three recommendations to the Board from the Finance Committee relative to cost, timing and financial impact when the Board considers Item 15.3.

14. UNFINISHED BUSINESS

14.1 Consideration of Proposal to Amend LOWA Regulation XVI.D.4.e.2: Environmental Control and Construction Procedures (House Color Chart). (Second Reading)  (This item was removed from the Agenda.)

14.2 Consideration of Proposed Amendments to Regulation V.E.1: Maintenance of Lots in LOW. (Disposal of Yard Debris in Road Right-of-ways) (Second Reading) (D-10-57)
   Motion by Flynn, second by Darby, passed unanimously, to adopt the proposed amendments to Regulation V.E.1: Maintenance of Lots at LOW. (Disposing of Yard Debris.)

14.3 Consideration of Community and Youth Activities Charter. (D-10-58)
     Motion by Buttimer, second by Flynn, to approve the Community and Youth Activities Committee Charter. 
     Motion by Flynn, second by Darby, to delete paragraph III.A. Vote: Yea: Flynn, Darby, Buttimer and Kelly. Nay: Rowland and Sheridan. Motion passed 4 to 2.
     Motion by Kelly, second by Darby, to table the original motion. Vote: Yea: Darby and Kelly. Nay: Flynn, Sheridan, Buttimer and Rowland. Motion failed 4 to 2.
     Motion by Kelly, second by Sheridan, to delete sentences 3 and 4 from Section I., Mission; and end the last sentence of that paragraph at the word “Committees”.
Vote: Yea: Darby, Kelly, Rowland and Sheridan. Nay: Flynn. Abstain: Buttimer. Motion passed 4-1-1.
     Motion by Kelly, second by Flynn to delete “maximize the use of existing facilities and programs, and the development of new programs.” from paragraph II.A. Vote: Yea: Kelly, Rowland, Sheridan and Darby. Nay: Buttimer and Flynn. Motion passed 4 to 2.
     Motion by Kay, second by Kelly, passed unanimously, to change the first sentence of II.B. to read “To advise the Board of Directors and General Manager on issues concerning the development, scheduling, promotion and utilization of recreational programs and facilities.”
   Vote on the original motion to approve the Community and Youth Activities Charter as amended passed unanimously.

14.4 Consideration of Rules Committee Charter. (D-10-59)
   Motion by Buttimer, second by Kelly, to approve the Rules Committee Charter.
   Motion by Buttimer, second by Darby, passed unanimously, to delete the quote marks from the second paragraph of the mission statement, and have the last clause read: “and to assist the BOD in implementing changes to the Bylaws, Regulations or Declaration of Restrictions as such changes are approved.”
   Motion by Buttimer, second by Kelly, passed unanimously, to delete the second sentence in the first paragraph of Section III “Annual oral reporting…etc.”; and add the following sentence as a separate paragraph: “Oral reporting will be done at least twice a year as requested by the Board of Directors.”
   Vote on the original motion to approve the Rules Committee Charter as amended passed unanimously.

14.5 Consideration of Nominating Committee Charter. (D-10-60)
   Motion by Flynn, second by Kelly, to approve the Nominating Committee Charter.
   Motion by Buttimer, second by Darby, to add the words “plus 1” after “the number of vacancies” in Section II.A; and remove all the remaining wording in that section. Vote: Yea: Buttimer, Darby, Rowland, Flynn and Sheridan. Nay: Kelly. Motion passed 5 to 1.
    Motion by Kay, second by Kelly, to “delete” the Nominating Committee and add those required functions to the responsibilities of the Elections Committee.
    Motion by Sheridan, second by Rowland to table the motion. Vote: Yea: Sheridan, Rowland, Buttimer. Nay: Kelly and Flynn. Nay: Abstain: Darby. President Kay voted “nay” creating a tie. Motion failed.
    Vote on the motion to eliminate the Nominating Committee: Yea: Kelly, Flynn. Nay: Sheridan, Buttimer, Rowland and Darby. Motion failed 4 to 2.
     Motion by Flynn, second by Darby, to delete paragraphs 4 and 5 of Section III.A. in their entirety.
     Motion by Darby, second by Flynn, passed unanimously, to amend the motion to also include the deletion of paragraph 7.
     Vote on the motion as amended passed unanimously.
     Motion by Buttimer, second by Darby, to delete all the words in paragraph 3 of Section III.A. that follow the words “in good standing.”
     Motion by Flynn, second by Kelly, passed unanimously, to amend the motion to include the deletion of the word “Chair”.
     Vote on the original motion as amended passed unanimously.
      Motion by Kay, second by Darby, passed unanimously, to remove the phrase “regarded as capable and” from Section III.A.2.
     Motion by Darby, second by Flynn, passed unanimously, to delete “who will notify the Elections Committee” in Section III. A, paragraph 6; and also delete the next sentence.
     Motion by Sheridan, second by Darby, passed unanimously, to add as Section IV.B: “Members of the Nominating Committee may not serve on the Elections Committee.”
     Motion by Kay, second by Flynn, to remove the second sentence of Section II.A. paragraph 2, “Impartiality shall be observed in consideration of all eligible members.” Vote: Yea: Flynn, Darby and Kelly. Nay: Buttimer, Sheridan and Rowland. President Kay voted “yea” to break the tie. Motion passed.
    Motion by Buttimer, second by Sheridan, passed unanimously, to delete all the words after “in good standing” in Section III.B, paragraph 2; and delete the word “Chair”.
    Vote on the original motion to accept the Nominating Committee Charter as amended passed unanimously.

14.6 Consideration of Safety and Security Committee Charter. (D-10-61)
   Motion by Flynn, second by Kelly, to approve the Safety and Security Committee Charter.
   Motion by Rowland, second by Flynn, passed unanimously, to remove the word “health” from the first sentence of Section II.A.
   Motion by Flynn, second by Darby, passed unanimously, to amend Section III: Special Characteristics, by adding the standardized paragraph A. “The Committee shall follow the guidance of the Bylaws, etc…”; and make the paragraph on oral reporting paragraph B.
   Motion by Kay, second by Sheridan, passed unanimously, to remove “and the LOWA Administrative and Management Team” from the last sentence of Section I.A.
   Motion by Flynn, second by Sheridan, passed unanimously, to remove the word “health” from paragraph C., Section II.
   Motion by Kay, second by Sheridan, passed unanimously, to remove the wording “and the Administrative and Management Team” from paragraph E. of Section II, and replace it with “and the General Manager.”
   Vote on the original motion to approve the Safety and Security Committee Charter as amended passed unanimously.
 
15.  NEW BUSINESS

15.1 Consideration of Maintenance and Ecology Committee Charter. (D-10-62)
    Motion by Flynn, second by Sheridan, to approve the Maintenance and Ecology Committee Charter.
    Motion by Sheridan, second by Darby, passed unanimously, to eliminate the final sentence under III: Special Characteristics, paragraph B. “A brief annual report of the Committee’s activities will be submitted to the Board of Directors by August 1 of each year, using the Board-approved format.”
    Motion by Darby, second by Sheridan, passed unanimously, to add at the beginning of the first sentence for Item “I” in Section II the wording: “With the approval of the General Manager,”…. this Committee will work with appropriate outside organizations.
    Vote on the original motion to approve the Maintenance and Ecology Charter as amended passed unanimously.

15.2 Discussion and Consideration of Planning Committee Proposal on Campgrounds. (D-10-63)
    Extensive discussion centered on appropriate uses for campground space, RV storage vs. campsites, economic considerations (e.g., utility costs), as well as appropriate use of Life Estates for additional RV storage, parking or other options. Director Rowland provided background information on the Planning Committee’s progress so far for the discussion.
    Motion by Rowland, second by Sheridan, passed unanimously, to direct the General Manager to study the Campground part of this proposal and bring the Board staff recommendations in the next 60 days, and that the Board refer the RV storage relocation issue back to the Planning Committee for additional input.

15.3 Consideration of Directing the GM to issue an RFP to Replace the Golf Course Irrigation System. (D-10-64)
   Motion by Sheridan, second by Darby, to direct the GM to issue a Request for Proposal (RFP) to replace the Golf Course irrigation system.
   Motion by Kelly, second by Flynn, to table the motion. Vote: Yea: Kelly and Flynn. Nay: Rowland, Buttimer, Sheridan and Darby. Motion failed 4 to 2.
   Vote on the original motion: Yea: Sheridan, Buttimer, Rowland and Darby. Nay: Kelly and Flynn. Motion passed 4 to 2.
  
15.4 Consideration of Using Life Estates Lots for Garden Plots.
    Motion by Kay, second by Darby, passed unanimously, to table the motion to the August 18 Board meeting.

15.5 Discussion of Facility Use and Fees. (D-10-65)
        Motion by Kay, second by Kelly, passed unanimously, that the Board institute a   policy that all activities of members using LOWA facilities (e.g. Community Center, Woods Center, Clubhouse) for club events not be charged a fee for setup or cleanup, and that those costs be absorbed through LOWA’s assessment.

16. Scheduled Meetings:
  Board Meeting: Wednesday, August 18, 2010 at 2:00 p.m. in the Community Center.
 Annual Membership Meeting: Monday, September 6, 2010 at 10:00 a.m. in the Community Center.
   Board Reconstitution Meeting: Wednesday, September 8, 2010 at 10:00 a.m. in the Community Center.

17. Members’ General Comments: Comments were heard from one member on the changes made to the Community and Youth Activities Charter, and from another member on replacement of the golf course irrigation system.

18. Adjournment:   Motion by Rowland passed unanimously to adjourn the meeting at 1:18 p.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
August 18, 2010, 2pm, Community Center

 

Present                                               Others
Bruce Kay, President                          Ted Wessel, General Manager
Jeff Flynn, Vice President                  Larry Cole, Director of Finance
Margaret Darby, Secretary                 Linda Hiross, Recorder (from 2:00 p.m.)
Olive Kelly, Treasurer
Neil Buttimer
Pat Rowland

Absent
Tom Sheridan

1. Call to Order:   With a quorum present, President Kay called the meeting to order at 1:00 p.m. in the Community Center.

2. Executive Session: Motion by Rowland, second by Kelly, passed unanimously, to enter into Executive Session at 1:01 p.m., for the purpose of discussing several personal, personnel, contractual and legal matters.

3. Open Session: Motion by Kelly, second by Rowland, passed unanimously, to enter into Open Session at 2:01 p.m., and to affirm that the Board met earlier today in Executive Session to discuss several personal, personnel, contractual and legal matters. As usual, no votes were taken.

4. Approval of Agenda: Motion by Buttimer, second by Rowland, passed unanimously, to approve the Agenda.

4A. Reports of Officers:
    President Kay reminded members that subsequent to a recent incident, no organization in LOW that represents the community may discriminate in any form whatsoever. He said he is requesting the General Manager to continue working with the next Board to review the records for a vote on the transfer of items to Fire and Rescue.
    Motion by Flynn, second by Darby, passed unanimously, to approve the following Committee change: (D-10-66)

Name                          Status             Committee
Doug Rogers               Voting             External Affairs

General Manager Wessel asked again for volunteers to participate in the Neighborhood Watch program. Sign-up forms will be available at key amenity facilities throughout the community. On August 31 at 7:30 p.m. in the Community Center, staff from the Virginia Department of Game and Inland Fisheries will be here to speak to members on boating safety. The Lighted Boat Parade will take place on Saturday, but the ski show and the band will perform on September 4, not on August 21 as previously published.

5. Approval of Minutes of August 7, 2010: Motion by Darby, second by Buttimer, passed unanimously, to approve the minutes of August 7, 2010 as amended.

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

7. UNFINISHED BUSINESS

7.1 Consideration of Proposal to Amend LOWA Regulation XVI.D.4.e.2: Environmental Control and Construction Procedures (House Color Chart) (Second Reading) (D-10-67)
Motion by Flynn, second by Rowland, passed unanimously, to adopt the proposed amendment to Regulation XVI.D.4.e.2: Environmental Control and Construction Procedures (House Color Chart). (Second Reading)

8. NEW BUSINESS

8.1 Presentation on Audited Financials.
President Kay introduced Chris Former of PBGH Certified Public Accountants who presented the FY 2009/10 audit findings to the Board. He reviewed the Balance Sheet, assets and liabilities, investments, income and expense statements, statement of changes in members’ equity, cash flow and schedule of future major repairs and replacements of components. He reviewed the separate written Financial Report to the LOWA Board of Directors dated August 12, 2010, and discussed internal controls as it relates to certain deficiencies in the Accounting Department, which the Board may decide to address in the future.

8.2 Presentation by Rappahannock-Rapidan Community Services Board (RRCSB).
Director Bruce Duncan gave a short summary of the county services provided by the RRCSB, and provided information on the new group home built in LOW this year that will provide services for six adults. They will be holding an Open House on September 17, 2010 from 3:30 to 6:30 p.m. for members who are interested in touring the new facility and talking to staff. A shuttle will be provided at the lower level Clubhouse parking lot for the convenience of visitors. Mr. Duncan said he will also be the guest speaker at the November Civic Club meeting. He answered several questions from Board members and the audience.

8.3 Consideration of Request to Enter Lots for Maintenance. (D-10-68)
Motion by Darby, second by Buttimer, passed unanimously, that Section 13, Lot 34, Section 14, Lot 115, and Section 1, Lot 195 be entered and mowed and cleared of debris, and that the respective properties be billed for the costs related to such work in accordance with Paragraph 14 of the Restrictive Covenants.

Motion by Darby, second by Flynn, passed unanimously, that Section 5, Lot 131 be entered, and the trash, washer/dryer and A/C unit be removed and the property mowed, and that the property be billed for the costs related to such work in accordance with Paragraph 14 of the Restrictive Covenants.

8.4 Consideration of Using Life Estates Lots for Garden Plots.
Motion by Flynn, second by Kelly, to approve the use of Life Estates property for garden plots. Motion failed unanimously.

8.5 Consideration of Establishing a Hazardous Waste Disposal Fund.
Motion by Kelly, second by Darby, to establish a hazardous waste disposal fund to be funded from the annual contribution of $42,000 that is budgeted for Fire and Rescue. Motion failed unanimously.

8.6 Consideration of Housekeeping Items on the Nominations Charter. (D-10-69)
Motion by Flynn, second by Rowland, to approve the proposed housekeeping items in the Nominations Charter. Vote: Yea: Darby, Rowland, Flynn and Kelly. Abstain: Buttimer. Motion passed. 

9.   Scheduled Meetings:
Annual Meeting of the Membership, Monday, September 6, 2010 at 10:00 a.m. in the Community Center.
Board Reconstitution Meeting, Wednesday, September 8, 2010 at 10:00 a.m. in the Community Center.
Regular Board Meeting, Wednesday, September 15, 2010 at 2:00 p.m. in the Community Center.

10. Members’ General Comments: One member asked about the status of the proposal to install additional docks and boat slips in the area of the current Clubhouse dock next to the dam.

11. Adjournment: Motion by Buttimer passed unanimously to adjourn the meeting at 3:12 p.m.

Margaret Darby, LOWA Secretary

 

LAKE OF THE WOODS ASSOCIATION, INC.
Special Board of Directors Meeting
August 30, 2010, 9:40am, Holcomb Building

Present                                               Others
Bruce Kay, President                          Rob Martin, Asst. GM of Operations
Jeff Flynn, Vice President                  (from 9:51 a.m.)
Olive Kelly, Treasurer
Margaret Darby, Secretary
Neil Buttimer
Tom Sheridan
Pat Rowland

1. Call to Order
    With a quorum present, President Kay called the meeting to order at 9:40 a.m. in the Holcomb Building.

2. Executive Session: Motion by Kay, second by Sheridan, passed unanimously, to enter into Executive Session at 9:41 a.m., for the purpose of discussing a legal matter.

3. Open Session: Motion by Kay, second by Buttimer, passed unanimously, to enter into Open Session at 9:51 a.m., and to affirm that the Board met earlier in Executive Session to discuss a legal matter.  As usual, no votes were taken.

4. NEW BUSINESS

4. 1 Consideration of Authorizing the Association to Serve Notice on Lot Owner for violation of LOWA Restrictive Covenants. (D-10-70)
Motion by Buttimer, second by Flynn, passed unanimously, to authorize the Association to issue written notice to the owner of Section 1, Lot 246, to remove all stripped down, partially wrecked, or junk motor vehicles, or sizable parts thereof, from the lot within 72 hours of the notice; otherwise, the Association will enter the lot and cause such items to be removed at the owner's expense.

(Discussion included the fact that this violation is covered in LOWA Restrictive Covenants, paragraph 8.A.(h). Letters have been issued by ECC with no action taken to clear the lot.)

5. Adjournment: Motion by Buttimer passed unanimously to adjourn the meeting at 11:00 a.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Special Board of Directors Meeting
September 3, 2010, 8:30 a.m., Holcomb Building

Present                                               Others
Bruce Kay, President                          Ted Wessel, General Manager
Jeff Flynn, Vice President
Margaret Darby, Secretary
Neil Buttimer
Tom Sheridan
Pat Rowland
Absent
Olive Kelly, Treasurer

1. Call to Order
    With a quorum present, President Kay called the meeting to order at 8:30 a.m. in the Holcomb Building.

2. Executive Session: Motion by Rowland, second by Sheridan, passed unanimously, to enter into Executive Session at 8:31 a.m., for the purpose of discussing a legal matter.

3. Open Session: Motion by Rowland, second by Buttimer, passed unanimously, to enter into Open Session at 9:10 a.m., and to affirm that the Board met earlier in Executive Session to discuss a legal matter. As usual, no votes were taken.

4. OLD BUSINESS

4.1 Consideration of Authorizing the Association to Take Action on Lot Owner for violation of LOWA Restrictive Covenants. (D-10-71)
Motion by Buttimer, second by Rowland:  In accordance with LOWA’s letter dated August 30, 2010 directing the owner of Section 1, Lot 246 to comply with LOWA Restrictive Covenants, paragraph 8.A.(h), by removing all stripped down, partially wrecked, or junk motor vehicles, or sizable parts thereof, from the lot within 72 hours; I hereby move to notify the owner that on September 7, 2010, at 12 noon, the property will be in compliance with the Association Restrictive Covenants or the Association will enter the lot at that time and bring it into compliance, all costs to be incurred by the owner.
Vote: Yea: Darby, Buttimer, Sheridan, Rowland; Nay: Flynn. Motion passed 4 to 1.

5. Adjournment: Motion by Darby, second by Rowland, passed unanimously to adjourn the meeting at 9:20 a.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Minutes of the Fortieth Annual
Meeting of the Membership
September 6, 2010, 10:00 a.m., Community Center

Call to Order

With a quorum present, the Fortieth Annual Membership Meeting was called to order at 10:02 a.m. by President Bruce Kay in the Community Center.

Opening Remarks and Introduction:

President Kay asked all the LOWA Past Presidents and Committee Chairs present at the meeting to stand up and be recognized, and thanked them for their service to the Association.
He presented a check to Fire and Rescue representative Hank Altman on behalf of the Association.
He then introduced members of the Board and the General Manager.

Reports of Officers and General Manager:  
President Kay provided a review of some of the important accomplishments of the Board and General Manager this year. LOWA remains financially sound. He reported on the current status of some incomplete projects, and outlined numerous goals and initiatives planned for consideration by the Board in the near future. He mentioned how important the passage of Senate Bill 276 was to our community, saving LOWA members millions of dollars in dam upgrade costs.  LOWA will also be working with other state HOA groups to get legislation passed that is more favorable to HOA management issues.

Vice President Jeff Flynn presented a plaque to outgoing President Bruce Kay in recognition of his dedication and leadership this past year, particularly in relation to his work with state agencies and representatives to resolve the dam issue. He thanked all the volunteers for their hard work as committee members.

Secretary Margaret Darby thanked Linda Hiross for her work as Recorder for the Board for the past several years.

General Manager Ted Wessel said that organization changes will allow administration to work on several key areas next year: security (including Neighborhood Watch), communications, committee relationships and regulations. 

Honor Awards Committee Presentation:

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

    Certificates of Appreciation:
         Individual Certificates: Peg Manuel, Neil Buttimer, Nancy King, Betty Beck, Dean
         Eversmeyer, Bill Nowers and Ralph Hollm.
         Group Certificate:  Dam Regulation Working Group members Doug Crain, Fred
         Marshall, Doug Rogers, Neil Buttimer, Ernie Meier, Don Weinert, Lee Frame,
         Jim Johnston, Pete Rainey and Warren Lee
    Outstanding Service Award:  Lois Miller, Carolyn Cernea and Zoila Ortega
    Distinguished Service Award:  Joseph Nolan and Vincent Sukites
    Warren J. Lodge Award for Excellence:  Carla Wascalus
    Director Service Awards:  Neil Buttimer, Tom Sheridan and Bruce Kay.
 

Open Forum (Member Questions):

President Kay responded to questions from members on the following topics: 1) the possibility of a crossing signal at Rte. 3 and Lakeview Parkway; 2) enforcement of the rules by Security and level of satisfaction with their performance; 3) the level of involvement of LOWA in community development; 4) the status of LOWA back assessments (accounts receivable); 5) a question on rack fees for canoes and kayaks.

Scheduled Meetings:
Board Reconstitution Meeting: Wednesday, September 8, 2010 at 10:00 a.m. in the Community Center.

Close of Voting for Election of Board Members:  President Kay announced at 10:49 a.m. that voting for the Board election is now closed.

Adjournment:  The meeting was adjourned by President Kay at 10:50 a.m.

 

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Annual Board of Directors Meeting
September 8, 2010, 10:00 a.m., Community Center

Present                                                                   Others
Bruce Kay, President                                               Ted Wessel, General Manager
Jeff Flynn, Vice President (by teleconference)         Linda Hiross, Recorder
Margaret Darby, Secretary
Olive Kelly, Treasurer
Tom Sheridan
Pat Rowland

Absent
Neil Buttimer

1. Call to Order With a quorum present, President Kay called the meeting to order at 10:02 a.m. in the Community Center.

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

3. Certification of Election Results:
President Kay read the results of the Board of Directors election as certified by the Chairman of the Elections Committee and the Board Secretary. The results were as follows:  (D-10-72)

            Total valid ballots cast:   1551
            Total invalid ballots cast:    19
            Total ballots cast:            1570

Number of votes cast for each candidate: Ernie Meier 1122; Bob Shope 1039.5; Dave McKee 1032.5; and Dan Greene 945.5.

Mr. Meier, Mr. Shope and Mr. McKee were elected to the LOWA Board of Directors to serve three-year terms.
Motion to certify the election results as presented was approved unanimously.
President Kay then invited the new Board members to be seated.

5. Election of Officers
Election of President: President Kay asked for nominations for President of the Board
Motion by Kelly, second by Rowland, to nominate Jeff Flynn as President of the Board. There being no other nominations, Jeff Flynn was unanimously elected President of the Board.

Election of Vice President: President Flynn asked for nominations for Vice President via teleconference.
Motion by Shope, second by Rowland, to nominate Margaret Darby as Vice President.
There being no other nominations, Margaret Darby was unanimously elected Vice President of the Board.

At this point, President Flynn requested Vice President Margaret Darby to serve as acting President in his physical absence for the remainder of the meeting. President Kay then handed Mrs. Darby the gavel and retired.

Election of Treasurer:  Mrs. Darby asked for nominations for Treasurer.
Motion by McKee, second by Darby, to nominate Olive Kelly as Treasurer. There being no further nominations, Ms. Kelly was unanimously elected Treasurer of the Board.

Election of Secretary: Mrs. Darby asked for nominations for Secretary.
Motion by Shope, second by Kelly, to nominate Dave McKee as Secretary. There being no further nominations, Mr. McKee was unanimously elected Secretary of the Board.

6. Appointments of Committee Liaisons:
Using a round robin format, Board members accepted liaison appointments to the standing Committees as follows, noting a liaison for the Nominating Committee will be addressed at a later date, if necessary:

Jeff Flynn: Honors and Awards; Margaret Darby: Legal and Compliance, Golf and Communications: Olive Kelly: Finance, Tennis and Youth Activities; Pat Rowland: Planning, Pools, and Fitness; Dave McKee: Safety and Security, Rules, and Elections; Ernie Meier: Maintenance and Ecology, Lake Users and External Affairs; Bob Shope: Clubhouse, ECC and Equestrian.

7. Scheduled Meetings:
    Board Meeting (Workshop): Wednesday, September 15, 2010 at 2:00 p.m. in the Community Center.
    Board Meeting: Saturday, October 2, 2010 at 10:00 a.m. in the Community Center.

8. Adjournment: Motion to adjourn passed unanimously at 10:13 a.m.

Margaret Darby, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
September 15, 2010, 2pm, Community Center

Present                                               Others
Jeff Flynn, President                          Ted Wessel, General Manager
Margaret Darby, Vice President        Linda Hiross, Recorder
Dave McKee, Secretary
Olive Kelly, Treasurer
Pat Rowland
Bob Shope
Ernie Meier

1. Call to Order  With a quorum present, President Flynn called the meeting to order at 2.00 p.m. in the Community Center.

2. Open Session: Motion passed unanimously to enter into Open Session at 2:01 p.m.

3. Approval of Agenda: Motion by, Rowland, second by Kelly, to approve the Agenda.
Motion by McKee, second by Darby, passed unanimously, to remove Item 7.1: Consideration of Communications Charter, from the Agenda. Original motion to approve the Agenda as amended passed unanimously.

4. Approval of Minutes of August 18, 2010, August 30, 2010, September 3, 2010, September 6, 2010, and September 8, 2010.
   Motion by Darby, second by Rowland, passed unanimously, to approve the minutes of August 18, 2010.
   Motion by Darby, second by Kelly, passed unanimously, to approve the minutes of August 30, 2010.
   Motion by Darby, second by Kelly, passed unanimously, to approve the minutes of September 3, 2010.
   Motion by Darby, second by Shope, passed unanimously, to approve the minutes of the September 6, 2010 Annual Meeting of the Membership.
   Motion by McKee, second by Darby, passed unanimously, to approve the minutes of September 8, 2010. 

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

6. UNFINISHED BUSINESS There was no unfinished business.

7. NEW BUSINESS

7.1 Consideration of Communications Charter.  (This item was removed from the Agenda.)

7.2 Consideration of Request to Enter Lot for Maintenance. (D-10-73)
  Motion by Shope, second by McKee, passed unanimously, that Section 12, Lot 44 be entered and mowed, and that the respective property owner be billed for the costs related to such work in accordance with Paragraph 14 of the Restrictive Covenants.

7.3 Discussion of Emergency Action Plan. 
  Director Rowland commented on the need to review and analyze our Emergency Action Plan to identify areas for improvement. Some of the suggested areas to focus on included setting priorities, distributing better resource information to members with specific needs, and clarifying what organizations have responsibility for what activities. The directors, general manager and audience members offered their own observations and recommendations.
  The General Manager will prepare an after-action report and have it available for further review and discussion at the October or November Board Workshop 

7.4 Discussion of Reserve Policy. 
  Treasurer Olive Kelly noted that at present, LOWA does not have a Reserve Policy in writing. She prepared and distributed a draft Reserve Policy to Board members to assist with the discussion. The focus was on planning for adequate reserves and knowing how they should be used. She reviewed the current balances in the various reserve accounts, the deposits to reserves this past year versus capital expenditures, and noted this was the first year we have worked with the actual reserve study numbers.
  Following extensive discussion, Ms. Kelly agreed to make several recommended changes to the draft and have an updated version available for discussion at the October 2 Board meeting.

8. Scheduled Meetings:
Regular Board Meeting: Saturday, October 2, 2010 at 10:00 a.m. in the Community Center.
Board Meeting and Workshop: Wednesday, October 20, 2010 at 2:00 p.m. in the Community Center.

9. Members’ General Comments:  Comments were heard from members on: the status of the delinquent accounts receivable; a request that canoe/kayak rack usage be reviewed and unused racks released to members on the waiting list; and a member who felt that vandalism to the tennis courts could be avoided by upgrading the current locks.

10. Adjournment:  Motion passed unanimously to adjourn the meeting at 3:33 p.m.

Dave McKee, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
October 2, 2010, 10:00 a.m., Community Center

Present                                                          Others
Jeff Flynn, President                                      Ted Wessel, General Manager
Margaret Darby, Vice President                    Linda Hiross, Recorder (from 10:00 a.m.)
Dave McKee, Secretary
Olive Kelly, Treasurer
Pat Rowland
Bob Shope
Ernie Meier

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

2. Executive Session: Motion by Meier, second by McKee, passed unanimously, to enter into Executive Session at 8:03 a.m. for the purpose of discussing matters involving violations of the Declaration of Restrictions and/or Regulations pursuant thereto for which a member is responsible; legal matters and contractual matters.
    Open Session: Motion by Shope, second by Rowland, passed unanimously to enter into Open Session at 10:06 a.m., and to affirm that the Board met earlier today in Executive Session for the purpose of discussing matters involving violations of the Declaration of Restrictions and/or Regulations pursuant thereto, for which a member is responsible; legal matters and contractual matters.

3. Approval of Agenda: Motion by Rowland, second by McKee, passed unanimously, to approve the Agenda with the removal of Item 15.4: Consideration of External Affairs Committee Charter, and Item 15.8: Consideration of Security Contract.

4. Approval of Minutes of September 15, 2010.
    Motion by McKee, second by Darby, passed unanimously, to approve the minutes of September 15, 2010.

5. Report of Orange County District 5 Supervisor, Lee Frame.
    Mr. Frame announced there would be a Public Hearing on October 26 at 5:30 p.m. to discuss a long-range water supply plan for the towns of Orange and Gordonsville. An executive summary of the issues can be found on the Orange County website.
    Sheltering Arms in Orange is experiencing a severe shortage of funds, and the county is sending out requests to adjacent counties using our services to support their homeless citizens. State grants to this facility were cut in half this year.
    A discussion of tax relief for the elderly was abandoned temporarily to await better information. 
    He has received several complaints regarding billing for ambulance services, and asks residents to notify him of any problems they may have in this regard.

6. Report from the Orange County Sheriff: Sheriff Mark Amos reported that for the month of September, there were 2767 calls for service in Orange County, and 57 from Lake of the Woods.  There were 58 warrants issued, 28 criminal transports, 911 civil papers served, and 207 summonses.  In LOW, there were 68 civil papers served and 18 summonses issued.
   He reported that in August two known sex offenders were apprehended at an Orange County football game. There were two separate incidents in LOW of threats with a gun, one on Yorktown and one at Greensprings Park. On September 25 there were three thefts from vehicles, and two juveniles were apprehended in this case.
   Governor McDonnell has appointed Elaine Anderson, a Sheriff’s office employee with the TRIAD program, to the Governor’s Advisory Board on Volunteerism and Family Service. A second canine has been added to staff.

7. Report from Security.  Security Chief Danny Dobson reported that in September there were 79 complaints logged, 11 animal complaints, 8 vandalism/theft reports, 111 traffic summonses, 5 boat summonses, 149 vehicles registered and 10 boats registered. 

8. Report from LOW Fire & Rescue: Larry Eiben reported that in September the Fire Department had 28 calls, 11 calls inside the lake and 16 outside, 10 of which were accidents. On the Rescue side, there were 83 calls, 49 inside the lake and 34 outside the lake. 

9. Report from Orange County School Board Representative: School Board Representative Jim Hopkins noted a report published this week by the VA Department of Education shows the graduation rate in Orange County has decreased; however, this may not accurately reflect all the factors that account for on-time graduation.
   Seven of our eight schools met adequate yearly progress criteria for the No Child Left Behind program. Virginia also requires Standards of Learning benchmarks be met as well. On October 5, the OC School Board will honor 196 students who achieved a perfect score on an SOL test.  He also thanked the LOW Democrats for raising almost $3000 to help continue important programs at the Locust Grove Elementary School.

10. Report of Officers:
      President Flynn noted good progress is being made in discussions with the Committees. He encouraged members to consider volunteering to serve on a LOW committee. There will be a Board Retreat on October 13, open to all members, where Board members will share their individual goals and concerns. He thanked Pat Rowland for his work chairing the Ad Hoc Committee for Boat Safety.
    Director Rowland said 50 people showed up for the public hearing on boat safety, and suggestions submitted will be considered at their meeting next week. All enforcement recommendations are being forwarded by the Board to the General Manager. He hopes the Committee will have proposed revisions ready for the Board by October 20, and is requesting they be on the agenda for the mid-November Board Workshop, to stay on schedule for possible adoption in December or January. If the proposed testing of boat operators is adopted, this will allow time for the preparation of the Boat Safety Manual and test, and to have both Beta tested in time for members to start taking the test in March, 2011.
   Motion by Darby, second by Rowland, passed unanimously, to bar Roger Brisette, Brian Devine, Driveways By Us, Brett Elliott and Joey Schlager from entering LOW property until their fines are paid in full.
   Motion by Darby, second by McKee, to deny the appeal of Gerald Korb. Vote: Yea: Darby, Kelly, Meier, McKee and Shope. Nay: Rowland. Motion passed 5 to 1.
   Motion by Darby, second by McKee, passed unanimously, to accept the appeal of one unnamed juvenile.
   Motion by Darby, second by Rowland, passed unanimously, to accept the appeal of Bryan Mauss.
   Motion by Darby, second by Rowland, passed unanimously, to deactivate the bar code of Jasmine Bronner for 30 days.
   Motion by Darby, second by Rowland, passed unanimously, to revoke the driving privileges within LOW for Brandi Evans for 30 days.
   Motion by Darby, second by Rowland, to accept the appeal of John O’Brien. Vote: Yea: Darby, Rowland, Meier, Kelly and Shope. Motion passed.

   Motion by Darby, second by Shope, passed unanimously, to accept the following Committee changes: (D-10-74)

Name                          Status                         Committee
Joe Quimper               Alternate                     Finance
Doug Chidlow            Advisor                       Finance
Dave McKee               Resign                         Finance
Dale Kadlec                Resign                         Lakes (moves to Advisor)
Julie Wilson               Voting                         Lakes
Curtis Abel                 Alternate                     Lakes
Nora Simpson             Alternate                     Safety
Larry Huntsman         Advisor                       Rules
Selven Powell             Voting                         Rules
Janet Thompson         Resign                         Clubhouse
Dave McKee               Resign                         Clubhouse
John Undari                Alternate                     M & E
John Trach                  Alternate                     M & E
Bob Shope                  Resign                         M & E
Donna Eclipise           Resign                         Community & Youth
John Samuels              Resign                         External Affairs
Peter Rainey               Resign                         Communications
Jeanne Allen               Resign                         Communications
Diane Weller              Resign                         Communications
Penny Siegel               Resign                         Communications
Neil Buttimer             Voting                         Communications
Victoria Gunnet          Resign                         Pools
Judy Barnes                Voting                         Pools
Nancy Arnold             Alternate                     Tennis
Joyce Haring               Resign                         Honor Awards (moves to Advisor)
Beverly Zabka            Resign                         Honor Awards
Dean Eversmeyer       Resign                         Honor Awards
Boyce Wray                Resign                         Honor Awards
Mary Hadley               Resign                         Honor Awards
Henrick Thode            Resign                         Honor Awards
Dan Young                  Resign                         Honor Awards

   The Treasurer’s Report is attached as (D-10-75). Treasurer Kelly reported that outstanding accounts receivable has been reduced by $93k.  She said the first quarter-ended July financial reports will be published in the October 8 Lake Currents. Some amenity revenues are down when compared to budget, which may be related to the economy. Revenue is ahead of expenses as of the end of August.
   Secretary McKee had no report.
 
11. Report of General Manager: Mr. Wessel encouraged members to keep their homes, garages and cars locked at all times to deter theft and vandalism. About 32 people have signed up for the Neighborhood Watch program, and orientation for them will take place on October 7. He reviewed the progress on a few small repair and upgrade projects in the community. He summarized the budget process and planned schedule for the new budget year 2011-12.

12. Committee Reports:
      Des Flanagan reported for Safety and Security that they would like to hear from members what security services they feel LOW needs. At the request of the General Manager, they are looking at services provided by both past and present security contractors to determine requirements. Security cameras are being installed at the Fitness Center, and a recommendation is being made on ways to improve the entranceway to the Sweetbriar complex.
    President Flynn said that regular Committee reports to the Board have not been voluntarily forthcoming. The Board may consider assigning a specific reporting schedule to the Committees in order to get regular feedback.

13. Member Comments on Business Agenda:  One member shared several comments and suggestions on the content of the proposed Reserve policy.

14. UNFINISHED BUSINESS

14.1 Consideration of Request to Purchase LOWA Property. (D-10-76)
    Motion by Rowland, second by McKee, passed unanimously, that the Board of Directors approve the Contract of Sale, pending review and approval by our outside attorney, between Beverly Anderson Zabka, Trustee under That Certain Trust Agreement Title “The Beverly Anderson Zabka Revocable Trust Agreement” dated November 8, 2000. (Zabka as“Purchaser” and LOWA, Inc. as the “Seller”.)

15. NEW BUSINESS

15.1 Consideration of Proposed Reserve Policy.
    Motion by Kelly, second by McKee, that the Board of Directors adopt the Reserve Fund Policy dated October 2, 2010.
    Motion by Darby, second by Kelly, to amend the Reserve Policy Paragraph I.B.5 to read: “The General Reserve Fund will cover all unplanned capital items. The fund balance shall not exceed $100,000.”
    Motion by Darby, second by Meier, to postpone action on the motion to the November 6, 2010 Board meeting. Vote: Yea: Darby, Rowland, Meier and Shope. Nay: McKee and Kelly. Motion passed 4 to 2.
    
15.2 Consideration of Communications Committee Charter.
   Motion by Darby, second by McKee, that the Board of Directors adopt the Communications Committee Charter dated October 2, 2010.
   Motion by Rowland, second by Kelly, that the Board accept the changes proposed by the General Manager.
   Motion by Rowland, second by Kelly, passed unanimously, that the Board postpone consideration of the Communications Charter to the next regular Board meeting on November 6, 2010.

15.3 Consideration of Honor Awards Committee Charter. (D-10-77)
   Motion by Darby, second by McKee, passed unanimously, that the Board of Directors adopt the Honor Awards Committee Charter, dated October 2, 2010.
 
15.4 Consideration of External Affairs Committee Charter. (This item was removed from the agenda.)

15.5 Consideration of Tennis Committee Charter. (D-10-78)
   Motion by Kelly, second by McKee, that the Board of Directors adopt the Tennis Committee Charter, dated October 2, 2010.
    Motion by Darby, second by McKee, passed unanimously, to amend Article II.4. as discussed. Vote on the original motion to approve the Charter as amended passed unanimously.

15.6 Consideration of Employee Health Insurance Plan. (D-10-79)
   Motion by Kelly, second by Darby, passed unanimously, that the Board of Directors renew the medical insurance policy with Anthem for a premium of $222,692.40, as recommended by LOWA’s insurance agent BB&T.
   Motion by Kelly, second by Darby, passed unanimously, that the Board of Directors renew the Dental Insurance policy with MetLife for a premium of $16,818.36, as recommended by LOWA’s insurance agent BB&T.
   Motion by Kelly, second by McKee, passed unanimously, that the Board of Directors renew the life and long-term disability insurance (AD&D) policies with Mutual of Omaha for a premium of $12,555.61, as recommended by LOWA’s insurance agent BB&T.

15.7 Consideration of Reserve Fund Authorization for Tennis Court Fencing. (D-10-80)
   Motion by Kelly, second by McKee, passed unanimously, that the Board of Directors amend the approved 2010 authorized capital expenditures to increase the replacement cost of the fencing around tennis courts 5 and 6 from $8280 to $15,171.10, increased expense of $6,891.10 to be taken from the Replacement Reserves.

15.8 Consideration of Security Contract. (This item was removed from the agenda.)

16. Scheduled Meetings:
   Board Retreat: Wednesday, October 13, 2010 at 9:00 a.m. in the Clubhouse.
   Board Meeting and Workshop: Wednesday, October 20, 2010 at 2:00 p.m. in the Community Center
   Regular Board Meeting: Saturday, November 6, 2010 at 10:00 a.m. in the Community Center

17. General Member Comments: One member commented on the underestimated tennis fencing costs, and also recommended looking at postponing one project so as not to raise assessments to pay for an unexpected project.

18. Adjournment:  Motion by Meier, passed unanimously to adjourn the meeting at 11:52 a.m.

Dave McKee, LOWA Secretary

 

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
October 20, 2010, 2:00 p.m., Community Center

Present                                                           Others
Jeff Flynn, President                                      Ted Wessel, General Manager
Margaret Darby, Vice President
Olive Kelly, Treasurer
Dave McKee, Secretary
Pat Rowland
Ernie Meier
Bob Shope

1. Call to Order: With a quorum present, President Flynn called the meeting to order at 2:03 p.m. in the Community Center.

2. Approval of Agenda: Motion by Meier to approve the Agenda.
    Motion by McKee, passed unanimously, to amend the agenda to adjourn the meeting after the Unfinished Business section, with the meeting to be followed by a workshop.
    Motion by Rowland, passed unanimously, to add discussion of putting bylaw and rule modifications on the website rather than publish in the Lake Currents because of several upcoming very large modifications. Original motion to approve the Agenda as amended passed unanimously.

3. Approval of Minutes of October 2, 2010:  Motion by McKee, passed unanimously, to approve the minutes of October 2, 2010.

4. Member Comments on Business Agenda: A member made comments concerning the proposed Reserve Policy.

5. Committee Reports:
    Bill McClellan, Golf Committee Chair, presented an “oral” annual report for the Golf Committee.
    Des Flanigan, Safety and Security Committee Chair, reported on the security contractor.

6. UNFINISHED BUSINESS.  There was no unfinished business.

7. NEW BUSINESS

7.1 Motion by Kelly to approve the FY 2011 Budget Guidelines. (D-10-81)
      Motion by Darby to amend to eliminate Item 3, which would require BOD approval of any new staff position before inclusion in the draft budget. Vote: Yea: Darby, Kelly, Shope, Meier, and Rowland.  Nay: McKee.  Motion passed 5 to 1.
   Original motion as amended passed unanimously. 

8. Scheduled Meetings:
    Regular Board Meeting: Saturday, November 6, 2010 at 10:00 a.m. in the Community Center.
    Board Meeting and Workshop: Wednesday, November 17, 2010 at 2:00 p.m. in theCommunity Center.

9. Adjournment:  The meeting was adjourned at 2:40 p.m. by a motion by Rowland.

Dave McKee, LOWA Secretary

 

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
November 6, 2010 at 10:00 a.m., Community Center

 

Present                                               Others
Jeff Flynn, President                          Ted Wessel, General Manager
Margaret Darby, Vice President        Linda Hiross, Recorder (from 10:00 a.m.)
Olive Kelly, Treasurer
Dave McKee, Secretary
Pat Rowland
Ernie Meier
Bob Shope

1. Call to Order: With a quorum present, President Flynn called the meeting to order at 8:09 a.m. in the Community Center.

2. Executive Session: Motion by Rowland, passed unanimously, to enter into Executive Session at 8:10 a.m. for the purpose of discussing matters involving personnel; discuss and consider contracts, and to discuss matters involving violations of the Declaration of Restrictions and Regulations for which a member, his family members, tenants, guests or other invitees are responsible.

3. Open Session:  Motion by Kelly, passed unanimously, to enter into Open Session at 10:04 a.m., and to affirm that the Board met earlier in Executive Session for the purpose of discussing matters involving personnel, discuss and consider contracts, and to discuss matters involving violations of the Declaration of Restrictions and Regulations for which a member, his family members, tenants, guests or other invitees are responsible.

4. Pledge of Allegiance.

5. Approval of Agenda: Motion by Shope, passed unanimously, to approve the Agenda.

6. Approval of Minutes of October 20, 2010. Motion by McKee, passed unanimously, to approve the minutes of October 20, 2010.

7. Report of Orange County District Supervisor: Supervisor Lee Frame reported that the landfill was only authorized to receive a set limit of hazardous waste, which caused the Saturday collection hours two weeks ago to be shortened from three to one. In the future they will try to accommodate more people.
   He explained the reasons for the increase in assessed values on many trucks and SUVs on the most recent personal property tax bills.

   Walmart has released a video showing the facility approach characteristics of their new store planned to be built at Rtes 3/20. He is going to make arrangements for it to be shown on Channel 18.

8. Report from Orange County Sheriff: No report available.

9. Report from Security. Danny Dobson of USSA Security reported that for the month of October there were 23 total summonses issued, 75 vehicles registered, and two motor vehicle accidents with no injuries reported.  The Visitor Management System was installed this week, and the Security staff is being trained to use it.

10. Report from LOW Volunteer Fire & Rescue: Larry Eiben reported for Fire and Rescue that there were 64 calls for Rescue in October, 34 inside the lake, 26 outside and 2 in other jurisdictions. For the Fire Department, there were 36 calls; 13 were accidents. Fifteen were inside LOW and 20 calls outside in Orange County, with one call in Spotsylvania.

11. Report from Orange County School Board: Jim Hopkins reported that the new middle school is 98% complete, with mostly exterior grounds work left to be done. The four school buses now garaged at LOW campgrounds will be garaged at the new school when the building is transferred to the school system early next year. There will be a traffic light and additional turning lanes installed at the intersection of Rtes. 20/601. The School Board is considering ways to minimize operating expenses when the new school opens next September, and Mr. Hopkins shared some of the options being considered. No decisions have been made.

12. Reports of Officers:
  President Flynn announced that the Virginia Soil and Water Conservation Board will meet again on November 18, at which time he hopes certification of our dam will be on the agenda. If not, their next meeting isn’t until January when our operating certificate is due.

Vice President’s Report:
  Motion by Darby, passed unanimously, to bar Leonard Carter from entering LOW property until his fines are paid in full.
  Motion by Darby, passed unanimously, to accept the appeal of Larry Appleyard.
  Motion by Darby, passed unanimously, to accept the appeal of William Derryberry.
  Motion by Darby, passed unanimously, to deny the appeal of John O’Brien.
  Motion by Darby, passed unanimously, to approve the following Committee changes as listed in the document dated November 6, 2010: (D-10-82)

Name                          Status             Committee
Connie Buttimer         Voting             External Affairs
John Undari                Voting             External Affairs
Jim Drabant                Voting             External Affairs
Chris Burr                   Resign             External Affairs
Don Walters               Alternate         External Affairs (from voting)
Bruce Kay                   Voting             External Affairs
Alicia Payne               Alternate         External Affairs
Jim Buongiovanni      Term of Service          ECC
Joe Takacs                  Voting                         ECC
David Francis             Voting                         Finance (from alternate)
Kathleen Saladino      Alternate                     Lakes
Jim Wyant                  Advisor                       Planning (from alternate)
Tom Sheridan             Voting                         Planning
Phyllis Booth              Resign                         Tennis
Dave Booth                 Resign                         Tennis
Steve Cakouros           Advisor                       Safety & Security
Edward Rowan           Advisor                       Safety & Security
Bill Grogan                 Advisor                       Safety & Security
Tracy Harrington        Resign                         Community & Youth Activities

Secretary’s Report: No report.

Treasurer’s Report: The Treasurer’s Report is attached as (D-10-83). Treasurer Kelly noted that as of September 30, new revenue is up about $103k year-to-date, in part due to a reduction in expenses of $142k over the same time period. However, there is a high level of accounts receivable. An internal audit by our financial officer shows total receivables lagging of $806,024 from several sources, and she reviewed the status and action plan to remediate this. 

13. Report of General Manager: General Manager Ted Wessel reported that there are 50 people enrolled in Neighborhood Watch; this will be an “observe and report” type program.  Any resident can participate, by reporting suspicious activities to the Sheriff’s office.
   The budget process is now underway for next year. He will be making presentations to the Finance and Planning Committees on December 8, 9 and 10, and these sessions are open to all members.
   The Clubhouse pool deck resurfacing has been completed. A contract for installation of new fencing at the tennis courts has been signed and work will begin in the near future. The Security RFP draft will be ready by November 17.

14. Committee Reports: President Flynn said there will be a Committee Chair orientation on November 17 at 9:00 a.m. Discussions on communications, procedures and reporting regularly to the Board will be on the agenda.
  Clubhouse Committee Chair Joan Harteveld reported that a new terraced walkway has been installed to the right of the Clubhouse to provide safer access to that area for our elderly members and others with limited disabilities.
  Jon Anderson of the Fitness Committee distributed a Fitness Center Survey to the Board members. This survey is only being sent to Fitness Center members at this time. The survey questions are designed to determine if a new Fitness Center is needed, and if so, what features users would like this facility to have and how much members are willing to pay for use of such a facility.

15. Member Comments on Business Agenda: Two members spoke in favor of accepting the recommendations of the Planning Committee for the proposed changes to the Campgrounds. One member stated his opposition to Item 17.2: Regulation X, proposed new paragraphs E.8.b. and E.8.e., and provided justification for his views, suggesting the Board consider eliminating these paragraphs from the proposed regulation changes.

16. UNFINISHED BUSINESS

16.1 Consideration of Campground Recommendations of the Planning Committee. (D-10-84)
  Motion by Rowland, passed unanimously, that the Board adopt the recommenda-tions of the Planning Committee to reduce the camping sites at the Campground to 12, and to configure them to a central location behind the laundry building; each campsite to include water hook-up and a 50-amp electric service with metered electricity; and to instruct the General Manager to include in the FY-2011/12 budget funds to accomplish this task. (Estimated cost is $23,508.)

16.2 Consideration of Communications Committee Charter. (D-10-85)
  Motion by Darby, that the Board adopt the Communications Committee Charter.
  Motion by McKee to amend the motion to send the charter back to the Communications Committee to add back in the responsibility sections (written and video media) that were in the previous charter. Vote: Yea: McKee. Nay: Darby, Shope, Rowland, Kelly and Meier. Motion failed.
  Motion by McKee, passed unanimously, to amend the motion to change the wording in paragraph II.C. to read “review the Five-year Capital Plan”.
  Vote on the original motion to approve the Communications Charter as amended passed unanimously.

16.3 Consideration of Adopting a Reserve Policy. (D-10-86)
  Motion by Kelly that the Board of Directors adopt the Reserve Policy.
  Motion by McKee to amend the motion to include that this policy be sent to the Rules Committee to be prepared in a Bylaw format. Vote: Yea: Rowland, Shope, Kelly and McKee. Nay: Meier and Darby. Motion passed.
   Motion by Rowland, passed unanimously, to amend Section III, paragraphs 2 and 4, to change the number of Board member votes required from 5 to 4.
  Vote on the original motion to adopt the Reserve Fund Policy as amended passed unanimously.

16.4 Consideration of Amendments to Regulation IV.B.5: Release of Fish. (First Reading) (D-10-87)
    Motion by Meier that the Board of Directors approve the resolution prepared by the Rules Committee to amend Section IV.B.5: Release of Fish, and authorize its publication in the next Lake Currents with a request for written comments from members of the Association by December 10, 2010.
    Motion by Rowland, passed unanimously, to amend the last sentence of the regulation to read “The release of fish and wildlife obtained outside LOW into LOW lakes shall be prohibited, except in the case of live bait, or unless authorized by the General Manager’s office.
    Vote on the original motion as amended passed unanimously.

16.5 Consideration of Amendments to Regulation X.K: Use of Lakes. (First Reading) (D-10-88)
    Motion by Meier, passed unanimously, that the Board of Directors approve the resolution prepared by the Rules Committee to amend Section X.K: Use of Lakes, and authorize its publication in the next Lake Currents with a request for written comments from members of the Association by December 10, 2010.

17. NEW BUSINESS

17.1 Consideration of Amendment to the Equestrian Committee Charter. (D-10-89)
     Motion by Rowland, passed unanimously, that the Board of Directors amend the Equestrian Committee Charter as recommended by the Equestrian Committee to delete the phrase “Horse Shows” from Section II.C.

17.2 Consideration of Board Approval to Direct the Rules Committee to Formulate a Proposal and Preamble Regarding Regulation X: Use of Lakes. (D-10-90)
    Motion by Rowland that the Board of Directors accept the changes to Regulation X, a copy of which is attached to the official minutes, as proposed by the Ad Hoc Committee on Lake Safety, and that the proposed changes be referred to the Rules Committee so they may complete the tasks required of that committee under Regulation I.L.2 of the LOWA Regulations, and request that the Rules Committee complete its work and report back to the Board on December 4, 2010, so that the proposed changes can be published for membership comment.
    Motion by McKee to modify the main motion by deleting paragraph E.8.e.
Vote: Yea: 0. Nay: 6. Motion failed.
    Vote on the original motion passed unanimously.

17.3. Consideration of Deletion of Regulation Section I: General, to Modify the Procedure for Amending LOWA Regulations. (D-10-91)
    Motion by Darby, passed unanimously, that the Board of Directors recommend that the modification to Section 1: General of the LOWA Regulations be referred to the Rules Committee to prepare a resolution for the Board to be considered at their December 4, 2010 meeting.

18. Scheduled Meetings:
  Board Meeting/Workshop: Wednesday, November 17, 2010 at 2:00 p.m. in the Community Center.
  Committee Chair Orientation: Wednesday, November 17, 2010 at 9:00 a.m. Regular Board Meeting: Saturday, December 4, 2010 at 10:00 a.m. in the Community Center.

19. General Member Comments: Two members spoke against the decision to remove the message board at the main entrance, and one member felt that it was the right decision.

20.  Adjournment: Motion by McKee, passed unanimously, to adjourn the meeting at 12:15 p.m.

Dave McKee, LOWA Secretary

 

LAKE OF THE WOODS ASSOCIATION, INC.
Board of Directors Meeting
November 17, 2010
2:00 p.m., Community Center

Present                                                           Others
Jeff Flynn, President                                      Ted Wessel, General Manager
Margaret Darby, Vice President                    Linda Hiross, Recorder
Olive Kelly, Treasurer
Dave McKee, Secretary
Pat Rowland
Ernie Meier
Bob Shope

1. Call to Order: With a quorum present, President Flynn called the meeting to order at 2:03 p.m. in the Community Center.

2. Pledge of Allegiance.

3. Open Session:  Motion passed unanimously to enter into Open Session at 2:04 p.m.

4. Approval of Agenda: Motion by Rowland to approve the Agenda.
    Motion by McKee, passed unanimously, to amend the Agenda to add Item 9.1.a: Consideration of Establishing a Policy Manual. Original motion to approve the Agenda as amended passed unanimously.
   
5. Approval of Minutes of November 6, 2010. Motion by McKee, passed unanimously, to approve the minutes of November 6, 2010.

6. Committee Reports: Reports were presented by the following: Karen O’Donnell, Chair of Community and Youth Activities; Jim Drabant, Chair of the External Affairs Committee; Kerry Sipe, Chair of the Communications Committee, with expanded comments from committee member Costa Apostolakis; and Des Flanagan, Chair of Safety and Security.

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

8. UNFINISHED BUSINESS

8.1. Consideration of Changes to Bylaw Article V, Section D.2: Committees. (Second Reading) (D-10-92)
    Motion by Darby, passed unanimously, to adopt the changes to Bylaw Article V, Section D.2: Committees.

9. NEW BUSINESS

9.1.a Consideration of Creating a Policy Manual. (D-10-93)
     Motion by McKee, passed unanimously, that LOWA establish a policy manual.
 
9.1 Consideration of Rescinding the Motion Relating to the Reserve Policy Adopted at the November 6, 2010 meeting.  (D-10-94) (This action will allow the Board to adopt a policy that will not be included in the Bylaws.)
  Motion by Kelly, passed unanimously, that the Board of Directors rescind the motion related to the Reserve Policy adopted at the November 6, 2010 Board meeting.

9.2 Consideration of Adopting a Reserve Policy. (D-10-95)
  Motion by Kelly, passed unanimously, that the Board of Directors adopt the Reserve Policy as presented and record the policy in the policy manual. (This will establish one reserve fund, which will consist of five separate and distinct accounts, namely: Replacement, Road, New Capital, Dam and Contingency Reserves.)

9.3 Motion by McKee to establish a policy that “When a LOWA committee approves a motion that includes a recommendation to the Board, the motion should be sent as an attachment to an e-mail sent to the Board (board@lowa.org). The Board president will schedule the motion to be considered at a Board meeting or workshop.” (D-10-96)
  Motion by Meier to amend the policy to change “President will” to “President may”. Vote Yea: Kelly, Shope, Meier and Darby. Nay: McKee and Rowland. Motion passed.
  Motion by Rowland, passed unanimously, to add the sentence: “The President is to inform the Committee Chair if he plans to put the resolution on the agenda for a Board meeting or workshop, or if he does not plan to place the resolution on an agenda.”
  Original motion as amended passed unanimously.

10. Scheduled Meetings:
  Regular Board Meeting: Saturday, December 4, 2010 at 10:00 a.m. in the Community Center.
  Regular Board Workshop/Meeting: Wednesday, December 15, 2010 at 2:00 p.m. in the Community Center

11. Members’ General Comments: One member thanked the Board for creating a policy manual.

12.  Adjournment: Motion by Meier, passed unanimously, to adjourn the meeting at 3:18 p.m.

Dave McKee, LOWA Secretary

LAKE OF THE WOODS ASSOCIATION, INC.
Regular Board of Directors Meeting
December 4, 2010, 10:00 a.m., Community Center

Present                                                           Others
Jeff Flynn, President                                      Ted Wessel, General Manager
Margaret Darby, Vice President                    Linda Hiross, Recorder (from 10:00 a.m.)
Olive Kelly, Treasurer
Dave McKee, Secretary
Pat Rowland
Ernie Meier
Bob Shope

1. Call to Order: With a quorum present, President Flynn called the meeting to order at 8:05 a.m. in the Community Center.

2. Executive Session: Motion by Kelly, passed unanimously, to enter into Executive Session at 8:06 a.m. to discuss matters involving personnel, consider contracts, and address matters involving violations of the Declaration of Restrictions and Regulations for which a member, his family members, tenants, guests or other invitees are responsible.

3.  Open Session: Motion by Meier, passed unanimously, to enter into Open Session at 10:02 a.m., and to affirm that the Board met earlier today in Executive Session to discuss matters involving personnel, consider contracts, and discuss matters involving violations of the Declaration of Restrictions and Regulations for which a member, his family members, tenants, guests or other invitees are responsible.

4. Pledge of Allegiance.

5. Approval of Agenda:  Motion by Rowland, passed unanimously, to approve the Agenda.

6. Approval of Minutes of November 17, 2010.
  Motion by McKee, passed unanimously, to approve the minutes of November 17, 2010.

7. Report from Orange County District 5 Supervisor: Supervisor Lee Frame reported that the water supply plan that projects supply and demand out over the next 30 years has been submitted. How to pay for expansion of the system could become an issue, since 52% of current county residents have private wells. The Board will be addressing budget and redistricting issues next, and it is possible LOW will be split between voting districts 4 and 5 at the completion of the redistricting process. Budget considerations now include projections 3-years out, instead of one year. Preliminary analysis indicates a shortfall in the area of $7 million next year alone, and this gap needs to be addressed.

8. Report from Orange County Sheriff: Sheriff Mark Amos reported that for the month of November, there were 2574 calls for service in the county, 47 of them from LOW. There were 47 warrants issued, 832 civil papers served (39 in LOW), 21 transports, and 231 traffic summons written. He reported three more incidents of theft of electronic equipment from unlocked cars, and reminded residents to lock their cars at all times. He reviewed statistics on a crash study released by the DMV, with Orange County showing the lowest crash rate in its population category (20-30k residents) in 2009. Current county crash rates for all of 2010 are half of last year’s (142 vs. 394).

9. Report from Security: Security Chief Danny Dobson reported that in November Security fielded 101 complaints, for a total of 816 so far this year. There were 49 traffic summonses issued (349 for the year) and three other miscellaneous violations. There were two auto accidents, one of these a DUI, but no injuries.

10. Report from LOW Volunteer Fire and Rescue, Inc.: President Larry Eiben reported that in November the Rescue Squad responded to 74 calls; 39 inside LOW, 32 outside, and 3 in other locations for a total of 996 year-to-date. Fire answered 25 calls, 10 of them auto accidents. Seven of the calls were from inside LOW and 15 outside. The fire department has had 400 calls year-to-date.

11: Report from Orange County School Board Representative: In response to a recent letter that appeared in the Orange County Review stating the new middle school was neither necessary or affordable, School Board Representative Jim Hopkins presented information that he felt contradicted the writer’s point of view.

12. Reports of Officers:
   President’s Report:
   President Flynn said that the Communications Committee asked the Board to either repair, replace or remove the Information Board at the Front Gate, and it was his decision to have it removed. In lieu of the information board, he encouraged members to sign-up for LOWA’s e-mail alert system in order to improve communications using that medium.
   Vice President’s Report:
   Motion by Darby, passed unanimously, to bar Terry Wasiuta, Linda Rogers, Ronald King, John Grose and Edward Franklin from entering LOW property until their fines are paid in full.
   Motion by Darby, passed unanimously, to accept the appeal of Timothy Breuker.
   Motion by Darby, passed unanimously, to accept the appeal of Karen Newman.

Motion by Darby, passed unanimously, to approve the following Committee changes as listed in the document dated December 4, 2010: (D-10-97)

Name                          Status             Committee
Jon Anderson              Voting             Communications
Bruce Kay                   Alternate         Golf
Tom Sheridan             Alternate         Golf

   Vice President Darby reiterated the need for members to serve on the Honor Awards Committee. She encouraged interested members to apply by filling out an application at the Holcomb building or on the LOWA website.

   Treasurer’s Report: Treasurer Kelly’s report is attached as (D-10-98). No report was available for today’s meeting, but members were encouraged to attend the budget hearings next week.

   Secretary’s Report: Secretary McKee had no report at this time.

13. Report of General Manager: GM Ted Wessel announced that the budget will be presented to the Finance and Planning Committees this week. The schedule of meetings has been published in Lake Currents. Snow removal procedure information has been posted on the LOWA website, and will also appear in the Lake Currents.

14. Committee Reports: Jack Spadaro, Secretary of the Lakes Committee, reviewed and summarized for the Board several changes to the newly-drafted lake rules that are being recommended by the Lakes Committee. The changes specifically address apparent inconsistencies or contradictions in several paragraphs of Regulations X.E.8.b and X.E.8.e, and adding a new paragraph X.E.8.h.

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

16. UNFINISHED BUSINESS:

16.1 Consideration of Deleting Regulation Section I: General, to Modify the Procedure for Amending LOWA Regulations. (First Reading) (D-10-99)
   Motion by Darby, passed unanimously, that the Board of Directors approve the resolution prepared by the Rules Committee to amend Regulation Section I: General, and authorize its publication in the next Lake Currents.

17. NEW BUSINESS

17.1 Consideration of Board Approval to Direct the Rules Committee to Formulate a Proposal and Preamble Regarding Regulation XIV.B.19: Schedule of Penalties for Violations. (D-10-100)
  Motion by Rowland, passed unanimously, that the Board amend the LOWA Regulations to add Section XIV.B.19 to read that: “In addition to any other penalties that maybe levied by LOWA for violations of Regulation X, the Legal and Compliance Committee may recommend to the Board of Directors that a boat operator who has received citations for two regulation violations within one calendar year may suffer the loss of their boat operator’s license for up to 30 days, and for three or more citations may lose their license for up to one year.”; and that the Board of Directors direct the Rules Committee to formulate such a proposal and a preamble and return it to the Board within 30 days for publication in Lake Currents.

17.2 Consideration of Board Approval to Direct the Rules Committee to Formulate a Proposal and Preamble Regarding Regulations X.A.3.c and X.A.3.d: Use of Lakes. (D-10-101)
   Motion by Rowland, passed unanimously, that the Board amend the LOWA Regulations to add Section X.A.3.c to read: “All persons operating any watercraft on LOWA lakes are subject to the rules and regulations of LOWA.” and to add Section X.A.3.d to read “Each individual who successfully completes the LOWA Boat Operator’s Safety Course or the Short Course will be issued a LOWA Boat Operator’s License”; and that the Board of Directors direct the Rules Committee to formulate such a proposal and a preamble and return it to the Board within 30 days for publication in Lake Currents.

17.3 Consideration of Board Approval to Direct the Rules Committee to Prepare a Resolution to Amend Regulation IX: Use of the Golf Course, proposed by the Golf Committee. (D-10-102)
   Motion by Darby, passed unanimously, that the Board of Directors direct the Rules Committee to formulate a resolution to amend Regulation IX: Use of the Golf Course.

17.4 Consideration of the Lakes Committee Charter. (D-10-103)
   Motion by Meier, passed unanimously, that the Board approve the changes to the Lakes Committee Charter.

17.5 Consideration of Maintenance and Ecology Committee Charter. (D-10-104)
   Motion by Meier, passed unanimously, that the Board approve the changes to the Maintenance and Ecology Committee Charter.

18. Scheduled Meetings:
 Regular Board Meeting/Workshop: Wednesday, December 15, 2010 at 2:00 p.m. in the Community Center.
 Regular Board Meeting: Saturday, January 8, 2011 at 10:00 a.m. in the Community Center. (Please note this is the second Saturday in January.)

19. Members General Comments: One member shared his concerns and those of many in our community who are confused by what state (Code of Virginia) laws and/or LOWA rules and regulations our Security staff are authorized to ticket or otherwise act upon, and what they are not. 

20. Adjournment: Motion by Shope to adjourn the meeting at 10:58 a.m.

Dave McKee, LOWA Secretary

 

LAKE OF THE WOODS ASSOCIATION, INC.
Regular Board of Directors Meeting
December 15, 2010, 2 PM, Community Center

Present                                                   Others
Jeff Flynn, President                                Ted Wessel, General Manager
Margaret Darby, Vice President               Linda Hiross, Recorder (from 2 PM)
Olive Kelly, Treasurer
Dave McKee, Secretary
Pat Rowland
Ernie Meier
Bob Shope

1. Call to Order: With a quorum present, President Flynn called the meeting to order at 1 PM in the Community Center.

2. Executive Session: Motion by Darby, passed unanimously, to enter into Executive Session at 1:10 PM to discuss several contractual matters.

3.  Open Session: Motion by Rowland, passed unanimously, to enter into Open Session at 2:03 PM, and to affirm that the Board met earlier today in Executive Session to discuss several contractual matters.

4. Pledge of Allegiance.

5. Approval of Agenda:  Motion by Kelly, passed unanimously, to approve the Agenda.

6. Approval of Minutes of December 4, 2010. Motion by McKee, passed unanimously, to approve the minutes of December 4, 2010.

7. Committee Reports: Reports were presented to the Board by Joan Harteveld, Chair of the Clubhouse Committee; Julie Wilson, Chair of the Lakes Committee; and John Undari, Vice Chair of the External Affairs Committee.

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

9. UNFINISHED BUSINESS

9.1 Consideration of Board Approval of Additions and Changes to Regulation X: Use of the Lakes. (First Reading)
Motion by Rowland, passed unanimously, that the Board accept the revised language of Regulation X as prepared and approved by the Rules Committee, that the General Manager be requested to have Regulation X printed in the next edition of Lake Currents, and that the Board have the final reading at its February 5, 2011 meeting.

10. NEW BUSINESS

10.1 Consideration of the External Affairs Committee Charter.
Motion by Meier to approve the External Affairs Committee Charter.
Motion by Darby, passed unanimously, to amend the Charter by adding the following two sentences under Section III: Special Characteristics:
“All LOWA Committees must follow the guidance of the Bylaws; specifically, Article V: Organization, Section D: Committees.
The External Affairs Committee shall provide an oral report to the Board of Directors no less than two times a year.”
Original motion as amended passed unanimously.

11. Scheduled Meetings:
Regular Board Meeting: Saturday, January 8, 2011 at 10 AM in the Community Center.
Regular Board Meeting/Workshop: Wednesday, January 19, 2011 at 2 PM in the Community Center

12. Members General Comments: Two members spoke in favor of the Front Entrance Board being removed, and one member spoke against it.  In earlier comments, the Clubhouse Committee Chair reported attendance at some holiday events was much lower than expected, and both Clubhouse management and the Clubhouse Committee felt this was due to the removal of the entrance board that has served as a reminder to members.

13. Adjournment:  President Flynn adjourned the Open Session portion of the meeting at 2:27 PM.

14. WORKSHOP

14.1 Discussion of Fences.
Board members shared their thoughts on a member request to consider allowing fencing on home lots. Mike Rugless, Chair of the Environmental Control Committee, provided some background on the reasons for the current fencing regulations, and reviewed the pros and cons of fencing on private lots.

14.2 Discussion of Investment Policy.
Treasurer Kelly read a draft copy of a proposed Investment Policy she prepared, and responded to questions from the Board and other members in attendance. The General Manager was directed to put consideration of this policy on the draft agenda for the January 8, 2011 Board meeting.

14.3 Discussion of ECC Membership.
Discussion included the unique requirements placed on ECC membership by the LOWA Covenants, the difficulty finding new members to replace older members, the lack of any provision for alternate status membership, current term limits, and how much longer current members should be allowed to serve once their terms have expired and until replacements can be found. Possibly changing the Bylaws to allow for limited continuance of service could be further considered.

There being no further discussion, the workshop was adjourned at 3:32 PM.

Dave McKee, LOWA Secretary