Present Others
Jeff Flynn, President Ted Wessel, General Manager
Olive Kelly, Treasurer Linda Hiross, Recorder (from 10:00 a.m.)
Dave McKee, Secretary
Pat Rowland
Ernie Meier
Bob Shope
Absent
Margaret Darby, Vice President
1. Call to Order: With a quorum present, President Flynn called the meeting to order at 9:00 a.m. in the Community Center.
2. Executive Session: Motion by Shope, passed unanimously, to enter into Executive Session at 9:04 a.m. 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; and to discuss contractual matters, potential litigation and personnel matters.
3. Open Session: Motion by Rowland, passed unanimously, to enter into Open Session at 10:04 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 Regulations for which a member, his family members, tenants, guests or other invitees are responsible; and to discuss contractual matters, potential litigation and personnel matters.
4. Pledge of Allegiance.
5. Approval of Agenda: Motion by Kelly, passed unanimously, to approve the Agenda.
6. Approval of Minutes of December 15, 2010.
Motion by McKee, passed unanimously, to approve the minutes of December 15, 2010.
7. Report of Orange County District 5 Supervisor: Lee Frame said the early part of this year is going to be busy. On January 25 there will be a trial on the special use permit granted to Walmart. He said sometime next month we should be receiving the latest population count from the Census Bureau, which could affect the boundary lines in Districts 4 and 5. There will be opportunities for residents to express their views on any redistricting proposals.
Budget forecasts for the next 3 years are predicting a $5-7 million shortfall each year. Decisions will have to be made on significant budget cuts, probably in the service sectors. The libraries, fire and rescue and waste collection may be the services most affected. No decisions have been made.
The Comprehensive Plan for Orange County is being reworked. Residents were encouraged to get involved and provide their input on all these issues.
8. Report from Orange County Sheriff: Sheriff Mark Amos reported that in the month of December, 2010 there were 2286 calls for service in Orange County, for a total of 31,379 for the year; in LOW, there were 31 calls for December. There were 53 warrants served, for a year-end total of 67; and 857 civil papers served, totaling 1585 for the year, 107 of these were in LOW. There were 214 summonses issued in the county, for a total of 2726 in 2010, and 29 in LOW for a year-end total of 326.
He reported a major incident on Yorktown Boulevard on December 12, where the sheriff’s office was involved in a 6-hour standoff with a male resident. Loaded firearms in the residence were removed and the incident ended with no one injured.
There was a break-in and associated theft outside of the town of Orange on December 21; three men have been charged in that incident.
9. Report from Security: No report was available.
10. Report from LOW Fire & Rescue: Larry Eiben reported for LOW Volunteer Fire and Rescue, Inc. that in the month of December Rescue received 88 calls, 50 in LOW and 33 outside. On 13 occasions, there were two ambulances out concurrently. In 2010 there were 1063 calls in all, compared to 1105 calls in 2009.
For the Fire Department, there were 32 calls in December, 10 calls inside LOW and 19 calls outside. Total calls in 2010 for the Fire Department were 232.
Mr. Eiben provided some statistics on the benefits of providing automatic external defibrillators (AED’s) at key locations, and having personnel available that know how to use them. He also gave information on a new technique known as “hands-only CPR.”
11. Report from Orange County School Board: Jim Hopkins reported that next year’s proposed school calendar has been posted on the school board website.
He said the new middle school is being considered for housing split age groups, with grades 3 to 5 on the first floor (about 300 students), and grades 6 thru 8 (about 600 students) on the second floor. The Board is looking for public input on both the calendar and proposals for use of the new middle school.
The school board has formed a Transition Safety Committee and there will be a parent’s information night on January 17 at 7 p.m. at the Locust Grove Middle School.
12. Reports of Officers:
The President reported that the Board met in Executive Session on January 6 at 9:00 a.m. in the General Manager’s office to consult with legal counsel.
Secretary McKee had nothing new to report.
Motion by McKee, passed unanimously, to bar Nora Coleman, Courtney Jones, Kevin O’Brien, George Roberts and Kenneth Shifflett from LOW until their fines are paid in full.
Motion by McKee, passed unanimously, to deny the appeal of Charles Hillig.
Motion by McKee, passed unanimously, to approve the following Committee Changes:
(D-11-01):
Name Status Committee
Lee Frame Voting Honor Awards
Joe Monical Voting Honor Awards
Larry Eiben Voting Honor Awards
Eric Joe Wright Resigned Rules
Roger Anderson Voting Planning
Betsy Wilson Alternate Legal & Compliance
Rick Hooper Term of Service Legal & Compliance
Treasurer Kelly reported that the Dodd-Frank Act passed by the legislature last year will impact our cash management plan. Receivables still include unpaid dam spillway assessments, but progress to reduce the balance is being made and efforts continue. A special payment plan has been formulated for confirmed hardship cases.
Overall, it is possible we could end the fiscal year at break-even or possibly with a small surplus.
13. Report of General Manager: GM Ted Wessel reported that Patrick Kroboth, our new Lakes Manager, started work this past Monday. He said a first draft of the budget will appear in the January 14 issue of Lake Currents.
14. Committee Reports:
Boggs Wright, Chair of the Finance Committee, reviewed progress on the budget to date. A draft list of recommendations was presented to the General Manager in December; a final list will be ready toward the end of this week.
Fitness Committee Chair Dan Green, reviewed the current membership and traffic figures for the Fitness Center. He recommended an AED be installed at the facility. A capital expenditure request for expansion of the center has been submitted.
15. Member Comments on Business Agenda: There were no comments on the business agenda.
16. UNFINISHED BUSINESS: There was no unfinished business.
17. NEW BUSINESS
17.1 Consideration of Request to Enter Lot for Maintenance. (D-11-02)
Motion by Shope, passed unanimously, to authorize Lot 261, Section 9 be entered, and the lot be mowed, cleared of debris and the downed tree removed, and that the property be billed for the costs related to such work in accordance with Paragraph 14 of the Restrictive Covenants.
17.2 Consideration of Board Approval to Direct the Rules Committee to Formulate a Proposal and Preamble Regarding the Deletion of Bylaw Article VII, Sections A, B,C, D, E and F. (D-11-03)
Motion by Kelly, passed unanimously, that the Board direct the Rules Committee to formulate a proposal and preamble regarding the deletion of Bylaw Article VII, Sections A, B, C, D, E and F.
18. Scheduled Meetings:
Board Retreat: Wednesday, January 19, 2011 at 9:00 a.m. in the Clubhouse.
Regular Board Meeting/Workshop: Wednesday, January 19, 2011 at 2:00 p.m. in the Community Center
Regular Board Meeting: Saturday, February 5, 2011 at 10:00 a.m. in the Community Center
19. Members General Comments: One member reminded the Board that there is a policy that requires Association properties be kept to the same standard as private properties, and supported the view that a policy manual is needed. Another member suggested any future policy manual be put on-line for easy reference.
20. Adjournment: Motion by Meier, passed unanimously, to adjourn the meeting at 11:26 a.m.
Dave McKee, LOWA Secretary
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. Approval of Agenda: Motion by Rowland to approve the Agenda. Motion by Darby, passed unanimously, to amend the Agenda by removing Item 7.2: Consideration of Amending Regulation Section I: General, to be postponed to the next meeting. Original motion to approve the Agenda as amended passed unanimously.
4. Approval of Minutes of January 6, 2011 and January 8, 2011.
Motion by McKee, passed unanimously, to approve the minutes of January 6, 2011. Motion by McKee, passed unanimously, to approve the minutes of January 8, 2011.
5. Committee Reports: Chair Desmond Flanigan of the Safety and Security Committee reported for the quarter ending January 2011. The committee is submitting two budget proposals for the Five-year Plan for FY-2012: Sweetbriar access improvement and improvements to the front gate. They have reviewed their Charter. Areas identified for study and improvement in FY-2011 will be: 1) access, process and control at the front and back gates; 2) road safety; 3) lake safety; 4) security guard organization, force and equipment; and 5) security of our amenities. These areas were selected based on frequency of member complaints. Chairman Flanigan responded to several questions from the Board and audience members.
6. Member Comments on Business Agenda: There were no comments.
7. UNFINISHED BUSINESS
7.1 Consideration of Amendment to Regulation IV.B: Release of Fish. (Second Reading) (D-11-04)
Motion by Meier, passed unanimously, to approve the Policy Resolution No. ___ (to be assigned), which amends Section IV.B: Release of Fish, of the LOWA Regulations with an effective date of (to be announced).
Motion by Darby, passed unanimously, to amend the motion to set the effective date at March 1, 2011. Original motion as amended passed unanimously.
7.2 Consideration of Amending Regulation Section I: General. (Second Reading) (This item was removed from the Agenda.)
8. NEW BUSINESS There was no new business.
9. Scheduled Meetings:
Regular Board Meeting: Saturday, February 5, 2011 at 10:00 a.m. in the Community Center
Regular Board Meeting/Workshop: Wednesday, February 16, 2011 at 2:00 p.m. in the Community Center
10. Members General Comments: Safety and Security Committee Chair Desmond Flanigan provided information on the factors necessary to consider when determining whether LOWA should have an armed, versus an unarmed, security force. He asked for input from members on this issue, pro and con.
One member wanted to know what the justification would be for increased security, and asked that any documented statistics that support such a claim be made available.
Another member inquired about the current status of the Neighborhood Watch program.
11. Adjournment: Motion by Darby, passed unanimously, to adjourn the business portion of the meeting at 2:32 p.m.
12. WORKSHOP
12.1 Discussion of the Book of Resolutions.
Director McKee explained a proposal that is being considered to establish a Book of Resolutions as a centralized reference for Board actions that set procedure and policy, change/add/delete regulations, etc. General Manager Ted Wessel explained the types of resolutions, how a book of resolutions is used and functions, and what advantages the system conveys to administrative management and other users. The Community Association Institute fully explains the process, and this procedure is now the standard used in association communities.
12.2 Discussion of the FY-2011 Budget.
Board members discussed possible FY-2011 budget changes in a variety of budget categories, including the skate park, charitable contributions, engineering services, the fitness center, contractual expenses, IT support and estimated gate repair expenses. No decisions were made.
Dave McKee, LOWA Secretary
Present Others
Jeff Flynn, President Ted Wessel, General Manager
Margaret Darby, Vice President Rob Martin, Asst. GM of Operations
Olive Kelly, Treasurer Elton Rupe, Asst. GM of Facilities
Dave McKee, Secretary Larry Cole, Director of Finance
Pat Rowland Linda Hiross, Recorder (from 10:00 a.m.)
Ernie Meier
Bob Shope
1. Call to Order: With a quorum present, President Flynn called the meeting to order at 9:05 a.m. in the Community Center.
2. Executive Session: Motion by Kelly, passed unanimously to enter into Executive Session at 9:06 a.m. 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 Meier, passed unanimously, to enter into Open Session at 10:04 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 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 to approve the agenda. Motion by Darby to amend the agenda by removing Item 17.2: Consideration of the Planning Committee Survey, and approve the agenda. Vote on the motion: Yea: Rowland, Meier, Shope, Darby and Kelly. Nay: McKee. Motion passed 5 to 1.
6. Approval of Minutes of January 19, 2011. Motion by McKee, passed unanimously, to approve the minutes of January 19, 2011.
7. Report from Orange County District Supervisor: Supervisor Lee Frame reported that Walmart pulled their request for a special use permit for construction of a store at the intersection of Routes 3/20. They will be seeking another location along Route 3. The supervisors have been reviewing land use revenues to find ways to improve tax income from sources still zoned residential, commercial and industrial. There is a lease with the county on the LOW trash compactor site that expires on March 30. The county does not have adequate funds to relocate it, so the lease may have to be renewed.
8. Report from Orange County Sheriff: Mark Amos reported that in January the Sheriff’s Office received 2557 calls for service, 44 from LOW. There were 929 civil papers served, 77 warrants issued, 30 transports and 194 traffic summonses. In LOW, there were 57 civil papers served and 14 traffic tickets written on Route 3.
In January, there was a drug-related robbery and assault in Wilderness Shores. Five people have been arrested in this case to date, and gang activity is involved.
Increased soliciting activity for home repairs is being reported within LOW, and residents are encouraged to report all such activity to his office.
He gave the Board an overview of the Sheriff’s Department, including staffing functions, financial resources and programs. He reported that LOW has 30% of the population in the county, but only 14% of the crime. Of 791 crimes reported last year, only 113 of those were inside LOW and almost 50% of those 113 cases have been solved.
The Sheriff said he has 52 members on staff. There are 12 patrolmen covering 354 square miles in Orange County who work 12-hour shifts 365 days a year, and there are always at least two deputies on patrol at all times, often three. There are two traffic deputies who handle traffic enforcement in addition to the 12 patrolmen who also handle traffic incidents. There are seven court service deputies, 5 assigned to the courthouse and two to civil process service. There are three school resource officers, two animal control officers, six (mostly felony) investigators, one of whom does strictly drug investigations, two personnel monitoring camera security inside the courthouse, six communications operators that handle a 24-hour shift, one secretary, one clerk, one victim-witness coordinator, one TRIAD coordinator, a few other part-time employees, and three auxiliary deputies who do volunteer work.
9. Report from Security: Security Chief Danny Dobson reported that in January Security performed 4216 miles of patrol. There were 7 weather-related traffic accidents, 40 summonses issued and 128 vehicles registered.
10. Report from LOW Volunteer Fire and Rescue: President Larry Eiben reported that in January Rescue received 97 calls; 47 inside and 46 outside. The Fire Department had 48 calls; 15 inside LOW, 32 outside and 1 assist to Spotsylvania. He noted that only 25% of LOW households financially support Fire and Rescue. Donations were down $15,000 from last year. He reviewed efforts to raise funds, and noted these sources are slowly diminishing.
11. Report from Orange County School Board: Representative Jim Hopkins reported that the new school is almost complete. Two larger water lines will have to be installed to improve water pressure to the school. These lines will be installed along Constitution Boulevard and Yorktown. The school board will be asking the County for an additional $950k for the school’s operating budget.
12. Reports of Officers:
President’s Report: President Flynn expressed the need for input from the community on the Planning Committee Survey.
Vice President’s Report:
Motion by Darby, passed unanimously, to bar Robert Armstrong, Anne Doherty, Latoya Pearson, Robert Petty and Ernest Thacker from LOW until their fines are paid in full.
Motion by Darby, passed unanimously, to accept the appeal of Charles Hillig.
Motion by Darby, passed unanimously, to approve the Committee changes listed in the memo of February 5, 2011: (D-11-05)
Name Status Committee
John Bell Alternate Safety and Security
Faye Mohler Voting (from Alt) Legal & Compliance
Brenda Anderson Alternate Clubhouse
Treasurer’s Report: Treasurer Kelly reported we continue to experience a drop in revenue from the amenities. The delinquency rate remains high and is still in the $300k range. Cash flow projections for the remainder of the fiscal year forecast a $200k revenue shortfall from the amenities. However, there are potential savings that could offset this shortfall, and LOWA could still end the year at break-even or with a small surplus.
Secretary’s Report: No report at this time.
13. Report of General Manager: No report at this time.
14. Committee Reports:
Bill McClellan, Chair of the Golf Committee reviewed the motions approved by the Committee at their January 22 meeting, along with their recommendations to the Board for improving the facilities, maximizing income and limiting expenses.
Chair of the Rules Committee, Laurie Brown, reported that Rules has had a busy year formulating new rules and revising others at the request of the Board. They have an opening for a voting member and would welcome member interest in applying for a seat.
Kerry Sipe of the Communications Committee spoke about the proposed emergency alert radio system (AM radio), and gave information and a demonstration on how it would function. He reviewed the pros and cons of such a system and answered questions.
Jon Anderson gave an update on the Fitness Committee survey done in the fall. They got a 50% response to the survey from Fitness Center members. A written summary of the survey results was given to the Board, and will be published in the Lake Currents.
Safety and Security Committee Chair Des Flanigan reported to the Board on the responses they received from the Lake Currents article concerning the RFP for the Security contract, and the issue of having an armed vs. unarmed security officers.
15. Member Comments on Business Agenda: No comments.
16. UNFINISHED BUSINESS
16.1 Consideration of Amending Regulation Section I: General (Second Reading) (D-11-06)
Motion by Darby to approve the policy resolution No. ___, which amends Section I: General, of the LOWA Regulations with an effective date of March 1, 2011. Motion passed 5 to 0. (Director McKee temporarily absent for the vote.)
16.2 Consideration of Adopting the Changes to Regulation X: Use of Lakes. (Second Reading) (D-11-07)
Motion by Rowland, passed unanimously, that the Board adopt Regulation X as proposed by the Ad Hoc Committee’s draft dated February 1, 2011, and that these regulations become affective at a date to be determined by the Board, and that the Rules Committee be allowed to review the new Regulation X to correct any grammatical errors and to update the index of the Book of Resolutions.
16.3 Consideration of Amending Regulation IX: Use of the Golf Course. (First Reading)
(D-11-08)
Motion by Darby, passed unanimously, that the Board accept the resolution prepared by the Rules Committee to amend Section IX: Use of the Golf Course, and authorize its publication in the February 25, 2011 edition of the Lake Currents, with a request for written comments from members of the Association by March 11, 2011.
16.4 Discussion of FY-2011 Budget.
Directors Kelly, Shope, Rowland, McKee and Flynn offered their recommendations and rationale for adjustments to various line items in the proposed budget. Discourse was for discussion purposes only at this time, with a final vote on proposed adjustments to be made at the next Board meeting. The General Manager requested that Board members send their recommendations to him in writing.
17. NEW BUSINESS
17.1 Consideration of Board Approval to Direct the Rules Committee to Formulate a Proposal and Preamble Regarding Amendments to Regulation XV.D: Service Charges. (D-11-09)
Motion by Kelly, passed unanimously, that the Board direct the Rules Committee to prepare a resolution to amend LOWA Regulation Section XV.D: Service Charge, to set the interest for delinquent payments at the maximum legal rate as provided in the statute law of the Commonwealth of Virginia.
17.2 Consideration of Planning Committee Survey. (This item was removed from the Agenda.)
18. Scheduled Meetings:
Regular Board Meeting: Wednesday, February 16, 2011 at 2:00 p.m. in the Community Center.
Regular Board Meeting: Saturday, March 5, 2011 at 8:00 a.m. in the Community Center.
19. Members General Comments: Boggs Wright, speaking for the Finance Committee, said the Committee met again with the General Manager last month to look at the capital and operations budgets. He shared the highlights of specific cost center issues of concern.
20. Executive Session
Motion by McKee, passed unanimously, to move into Executive Session at 1:10 p.m. for the purpose of discussing and considering contracts and pending or probable litigation.
21. Adjournment: The meeting was adjourned at 1:16 p.m.
Dave McKee, LOWA Secretary
Present Others
Jeff Flynn, President Ted Wessel, General Manager
Margaret Darby, Vice President Rob Martin, Asst. GM of Operations
Olive Kelly, Treasurer Elton Rupe, Asst. GM of Facilities
Dave McKee, Secretary Larry Cole, Director of Finance
Pat Rowland Linda Hiross, Recorder
Ernie Meier
Bob Shope
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. Pledge of Allegiance.
3. Approval of Agenda: Motion by Meier, passed unanimously, to approve the Agenda.
4. Approval of Minutes of February 5, 2011: Motion by McKee to approve the minutes of February 5, 2011. Motion by McKee, to change the last word in 16.2 to “Resolutions” and approve the minutes. Motion passed unanimously.
5. Committee Reports: There were no reports.
6. Member Comments on Business Agenda: No comments.
President Flynn announced he has asked the Communications Committee to address the issue of the removal of the message board at the front gate, with input from Safety and Security, Planning and the Maintenance and Ecology Committees. He has asked a report be available for the Board at their May meeting.
7. UNFINISHED BUSINESS
7.1 Consideration of the FY-2011 Budget. (D-11-10)
Motion by Kelly to accept the General Manager’s budget for FY-2011 for consideration.
Amendments to the FY-2011 Budget were proposed as follows:
(The original proposed assessment had been set at $1179.00.)
1) Motion by Kelly to decrease Security Account #7330: Gate Repairs from $15,000 to $5000, a reduction of $10,000. Vote on the motion: Yea: McKee, Darby and Kelly. Nay: Shope, Meier and Rowland. President Flynn voted “nay” to break the tie. Motion failed 4 to 3.
2) Motion by Kelly, to decrease Communications Account #4216-4220: Advertising Income, from $126,000 to $106,000, a reduction of $20,000. Vote on the motion: Yea: Rowland, McKee, Shope, Kelly and Darby. Nay: Meier. Motion passed 5 to 1.
3) Motion by Kelly to decrease the Fareways Account #4410-4449: Food Sales, from $119,000 to $109,000, a reduction of $10,000. Vote on the motion: Yea: McKee, Darby, Kelly, Shope and Rowland. Nay: Meier. Motion passed 5 to 1.
4) Motion by Kelly to delete the proposed $60,000 contribution to New Capital Reserve. Vote on the motion: Yea: Kelly, Darby, Meier, Shope and McKee. Nay: Rowland. Motion passed 5 to 1.
5) Motion by Kelly, passed unanimously, to increase the contribution to the Dam Reserve Fund by $30,000.
6) Motion by Kelly to approve the proposed FY-2011 Capital Expenditure Plan as presented, which totals $949,824.
Motion by McKee to table the motion till later in the meeting. Motion died for lack of a second.
Motion by Rowland to amend the plan to add the AM radio station back into the New Capital budget. Vote on the motion: Yea: Rowland, Meier and Shope. Nay: Darby, McKee and Kelly. President Flynn voted “Nay” to break the tie. Motion failed.
Motion by McKee to decrease New Capital Expenditures by $6776 (golf maintenance dump trailer). Vote on the motion: Yea: McKee and Shope. Nay: Rowland, Darby, Meier and Kelly. Motion failed.
Motion by McKee, to decrease the Replacement Capital in the Capital Expenditure Plan by $66,990 by deferring the cart barn repair.
Motion by Darby, passed unanimously, that the General Manager be directed to delay the repair of golf cart barn 2 and research the feasibility of combining the monies in the Replacement Reserves for repair of cart barns 1 and 2, with the intent of replacing rather than repairing cart barn 2, and forego repairs entirely for cart barn 1. If this is determined to be cost effective, the GM should so advise the Board prior to beginning the work. This proposal is supported by the Planning Committee’s motion of January 26, 2011.
Vote on the original motion to approve the proposed FY-2011 Capital Expenditure Plan as amended passed unanimously.
7) Motion by Kelly to approve the Replacement Reserve Study.
Motion by McKee to postpone consideration until the March 16, 2011 Board meeting to give Board members sufficient time to review the revised study. Vote on the motion: Yea: McKee, Darby, Rowland and Shope. Nay: Meier and Kelly. Motion passed 4 to 2.
8) Motion by Meier to increase the Environmental Resources Account #7470: Contractual Services for testing, by $23,290. Vote on the motion: Yea: Meier and Rowland. Nay: McKee, Darby, Kelly and Shope. Motion failed 2 to 4.
9) Motion by McKee to decrease Administration Account #6110: Dam Replacement Insurance, by $29,000. Vote on the motion: Yea: Rowland and McKee. Nay: Darby, Shope, Kelly and Meier. Motion failed 2 to 4.
10) Motion by McKee to decrease Administration Account #6540: Engineering Consultation, Fitness Center Renovation, by $10,000. Vote on the motion: Yea: McKee and Shope. Nay: Rowland, Meier, Kelly and Darby. Motion failed 2 to 4.
11) Motion by McKee to increase Pools Account #4362, Daily Pool Fees, raising the daily fee for members by $1 (from $3 to $4), and the daily fee for guests by $3 (from $3 to $6). Vote on the motion: Yea: McKee and Shope. Nay: Rowland, Meier, Kelly and Darby. Motion failed 2 to 4.
12) Motion by McKee to eliminate the $138,230 contribution to Replacement Reserves (Community Center repay), and increase the contribution to Replacement Capital by $75,000. Vote on the motion: Yea: McKee. Nay: Kelly, Meier, Shope, Darby and Rowland. Motion failed 1 to 5.
13) Motion by Rowland, passed unanimously, to increase Fitness Center Account #7010: Propane, by $2000.
14) Motion by Darby, passed unanimously, to increase the Pro Shop Account #4332: Soft Good Sales, by $19,000.
15) Motion by Kelly to fund the Reserve Account by $1,203,873. Vote on the motion: Yea: Kelly, Darby, McKee, Meier and Shope. Nay: Rowland. Motion passed.
Motion by Kelly, passed unanimously, to set the FY-2011 Assessment Fee at $1175.
Motion by Kelly, passed unanimously, to accept the FY-2011 budget as amended.
7.2 Consideration of the Planning Committee Survey. (D-11-11)
Motion by Rowland to approve the Planning Committee Survey.
Following discussion and recommendations for editorial changes, motion passed unanimously to approve the Planning Committee Survey.
8. NEW BUSINESS
8.1 Consideration of Automation of Member Services. (D-11-12)
Motion by Rowland, passed unanimously, that the Board of Directors authorize the General Manager to work with John Edwards to develop and implement the member identity architecture proposed by Mr. Edwards, making the boat test top priority. (Administrative Policy No. 2011-1).
9. Scheduled Meetings:
Regular Board Meeting, Saturday, March 5, 2011 at 10:00 a.m. in the Community Center
Regular Board Meeting/Workshop: Wednesday, March 16, 2011 at 2:00 p.m. in the Community Center.
10. Members’ General Comments: No comments.
11. Adjournment: There being no further business, President Flynn adjourned the meeting at 4:22 p.m.
Dave McKee, LOWA Secretary
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
Bob Shope
Absent
Pat Rowland (from 10:00 a.m.)
Ernie Meier
1. Call to Order: With a quorum present, President Flynn called the meeting to order at 9:10 a.m. in the Community Center.
2. Executive Session: Motion by Kelly, passed unanimously, to enter into Executive Session at 9:11 a.m. 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 McKee, passed unanimously, to enter into Open Session at 10:02 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 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 February 16, 2011: Motion by McKee, passed unanimously, to approve the minutes of February 16, 2011.
7. Report from Orange County District 5 Supervisor: Supervisor Lee Frame said that Walmart is in the process of finalizing a land purchase on Route 3. There will be redistricting following the new census figures for the county, with a shift of about 500 residents from District 5 to District 4. He said the new budget has not been approved, and reviewed the many options open to the supervisors for more changes before adoption.
8. Report from Orange County Sheriff: In February there were 2426 calls for service in the county and 41 in LOW. There were 791 civil papers served, 51 in LOW. There were 58 warrants served, 34 transports and 254 traffic summonses, 14 along Route 3. He summarized the choices the Supervisors have to make to finalize the new budget, and discussed areas where cuts are and are not possible.
The next Citizen’s Police Academy (CPA) class for adults will start March 29 at Locust Grove Middle School. There will also be another youth class, date to be announced. A golf tournament will be held on May 13 to benefit this program.
9. Report from Security. Security Chief Danny Dobson reported that in February Security fielded 42 complaints, issued 39 traffic summonses and registered 128 vehicles. He said the visitor management system was activated on February 19, and they have already noticed an improvement in the deterrence of illicit entries to LOW.
10. Report from LOW Volunteer Fire & Rescue, Inc.: President-elect Rick Hooper reported that in February Rescue had 92 calls, 50 inside LOW and 41 outside. For the Fire Department, there were 46 calls, 19 inside and 25 outside, and 2 mutual aid calls.
He thanked the Board for maintaining their annual contribution to Fire and Rescue in the 2011 budget.
11. Report from Orange County School Board Representative: Jim Hopkins reviewed the new budget considerations facing the school system. There is money in the budget for salary increases or bonuses, but how that will be distributed has not been finalized. This money is from federal sources and comes with restrictions on how it can be used.
12. Reports of Officers: President Flynn had no report.
Vice President Darby said that the Honors and Awards Committee needs new members, and anyone interested is encouraged to submit an application.
Motion by Darby, passed unanimously, to bar Vincent Cassese, Dona Caruso-Andrews, and Benjamin Woods from LOW until their fines are paid in full.
Motion by Darby, passed unanimously, to accept the appeal of John Ndiritu.
Motion by Darby, passed unanimously, to approve the Committee changes listed in the document dated March 5, 2011: (D-11-13)
Name Status Committee
Doug Chidlow Alternate Finance
Robin Barnes Resign Pools
Steven Basnett Alternate Legal & Compliance
Brenda Conway Advisor Finance
Carrie Browning Voting Pools
Treasurer Kelly reported the 2011 budget will appear in detail in the next Lake Currents. The current year budget is on track, and this will continue to be monitored. As of the end of February, we had $3 million in the bank, and the books are in good order.
The Secretary had no report.
13. Report of General Manager: GM Ted Wessel said assessment billings will go out prior to March 31, and fees are due by May 1. Boat registration and decals will be handled by administration this year instead of Security. Boat slip rental fees are due by May 1 or the space will be reassigned on a first-come basis.
He said the mulch pile at 9.9 underwent spontaneous combustion on February 19, and he explained how it was handled and how any future events will be controlled.
He asked members to dial 911 in an emergency, not the Security gate. Any other incident should be reported to the Sheriff’s office at 672-1200.
14. Committee Reports: Pierre Payette of Safety and Security reviewed for the board several projects they are working on.
15. Member Comments on Business Agenda: One member spoke against making further changes to the Nominating Committee Charter, and another member offered several reasons in support of further revisions.
16. UNFINISHED BUSINESS
16.1 Consideration of Amending Regulation XIV.B.19: Schedule of Penalties for Violations. (First Reading) (D-11-14)
Motion by McKee, passed unanimously, that the Board accept Policy Resolution #2011-3, prepared by the Rules Committee, to amend Section XIV.B.19, Schedule of Penalties for Violations; and authorize its publication in the March 25, 2011 edition of Lake Currents, with a request for written comments from members of the Association by April 1, 2011.
16.2 Consideration of Amending Bylaw Article VII: Investment Policy.(D-11-15)
Motion by Kelly, passed unanimously, that the Board direct the Rules Committee to prepare a resolution to amend Bylaw Article VII, Investment Policy.
17. NEW BUSINESS
17.1 Consideration of Board Approval to Direct the Rules Committee to Formulate a Resolution Regarding Amendments to Bylaw Article VIII: Amendments. (D-11-16)
Motion by Darby, passed unanimously, that the Board direct the Rules Committee to prepare a resolution to amend Bylaw Article VIII: Amendments, to modify the procedure for amending the LOWA Bylaws.
17.2 Consideration of Amendments to the Nominating Committee Charter. (D-11-17)
Motion by Darby, that the Board amend the Nominating Committee Charter, as recommended by the Nominating Committee, and request the Committee return the amended Charter for resubmittal on March 16, 2011.
Following discussion, motion by McKee, passed unanimously, to amend the motion to request the Nominating Committee make the following changes to their modified charter; namely: 1) eliminate any references to ECC; 2) reorder the portion involving Board Secretary duties so that it is not directive in nature; 3) Section IV.A: that NC members be required to have prior Committee experience as a “voting or alternate” member for at least one full year; 4) remove the requirement that any NC member should be a former Board member; 5) removed the term “qualified” from the Mission Statement and Section II.A.
Motion by McKee that the Board amend the recommendation to the Nominating Committee to set a goal (not a requirement) that they submit at least twice the number of candidate names as vacancies on the Board. Vote on the motion: Yea: McKee, Kelly and Shope. Nay: Darby. Motion passed 3 to 1.
Vote on the original motion as amended passed unanimously.
18. Scheduled Meetings:
Regular Board Meeting, Wednesday, March 16, 2011 at 2:00 p.m. in the Community Center
Regular Board Meeting: Saturday, April 2, 2011 at 8:00 a.m. in the Community Center.
19. Members’ General Comments: There were no comments.
20. Adjournment: Motion by Shope passed unanimously, to adjourn the meeting at 11:26 a.m.
Dave McKee, LOWA Secretary
Present Others
Jeff Flynn, President Ted Wessel, General Manager
Margaret Darby, Vice President Linda Hiross, Recorder
Dave McKee, Secretary
Bob Shope
Pat Rowland
Ernie Meier
Absent
Olive Kelly
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. Approval of Agenda: Motion by Rowland to approve the Agenda.
Motion by Rowland, passed unanimously, to amend the agenda by adding Item 8.4: Consideration of Penalties for Lake Violations.
Motion by Darby, passed unanimously, to delete Item 8.3: Consideration of Communications Proposal—Open Meeting.
Vote on the original motion as amended passed unanimously.
4. Approval of Minutes of March 5, 2011. Motion by McKee to amend the minutes of March 5, 2011. Following amendments to paragraphs 16.1 and 16.2 as requested by the Secretary, motion by McKee, passed unanimously, to approve the minutes of March 5, 2011 as amended.
5. Committee Reports: Alicia Payne of the Equestrian Committee reported that there would be several horse shows, the first one on April 3. Pony Camps last summer were a success and camp will start again this year on June 27. Since joining the interschool riding program this winter, the LOW team has done well, and this has boosted the lesson program to very healthy levels. Dog obedience training will be offered this spring.
A 20-year plan for the Goodwin-Leach properties has been completed and sent to the planning committee for their consideration as a location for a new Equestrian Center. The Center has experienced significant fiscal improvement in the past two years as well.
Bill McClellan, Chair of the Golf Committee, reported that the Committee has reviewed Chapter IX of their Charter and has no further recommendations for changes.
6. Member Comments on Business Agenda: One member spoke to additional changes he felt were needed to the Nominating Committee Charter; a member of the Nominating Committee clarified the candidate process and procedures as currently assigned to them in the newest version of their charter.
Chair of Safety and Security, Des Flanagan, provided the Board with some background on the Committee’s recommendations relative to the loitering and parking issues.
7. UNFINISHED BUSINESS
7.1 Consideration of Amendments to Changes to Regulation IX: Use of the Golf Course.(D-11-18)
Motion by Darby, passed unanimously, that the Board adopt Policy Resolution #2011-4, which amends Regulation IX--Use of the Golf Course, with an effective date of May 1, 2011.
7.2 Consideration of Amending Regulation XV.D: Service Charges. (Rate of interest
for late payments.) (D-11-19)
Motion by Darby, passed unanimously, that the Board accept the resolution prepared by the Rules Committee to amend Regulation XV.D--Service Charges, and authorize its publication in the March 25, 2011 Lake Currents, with a request for written comments from the members of the Association by April 1, 2011.
7.3 Consideration of Nominating Committee Charter. (D-11-20)
Motion by Darby that the Board amend the Nominating Committee Charter as recommended by the Nominating Committee.
Motion by Darby, passed unanimously, to amend the Charter by deleting paragraph IV.C.
Motion by Rowland, passed unanimously, to change “are satisfied as to the candidates’ suitability” in III.4. to “are satisfied the candidates are qualified”.
Original motion to approve the Nominating Committee Charter as amended passed unanimously.
7.4 Discussion of Reserve Policy. (D-11-21)
Motion by McKee that the Board approve the Reserve Study dated February 16, 2011.
Motion by McKee to amend the motion to stipulate that the approval of the study does not authorize or justify the spending of any capital replacement funds. Motion died for lack of a second.
Motion by Rowland to amend the motion to affirm the Reserve Study was “reviewed” rather than “approved”.
Motion by Darby to table the motion. Vote: Yea: Rowland, Darby, Meier. Nay: McKee and Shope. Flynn voted Nay and motion failed.
Vote on Mr. Rowland’s motion to amend the original motion passed unanimously.
Vote on the original motion as amended: Yea: Rowland, Meier, Shope and Darby. Nay: McKee. Motion passed 4 to 1.
8. NEW BUSINESS
8.1 Consideration of Regulation Regarding Loitering. (D-11-22)
Motion by McKee, passed unanimously, that the Board direct the Rules Committee to draft a regulation banning loitering.
8.2 Consideration of Safety and Security Committee’s Proposal Regarding Parking. (D-11-23)
Motion by McKee, passed unanimously, that the Board direct the Rules Committee to prepare a resolution regarding parking regulations.
8.3 Consideration of Communications Proposal. (Item removed from agenda)
8.4 Consideration of Penalties for Lake Violations. (D-11-24)
Motion by Rowland to ask the Rules Committee to prepare a regulation regarding the violation of boat Regulations X; and that they remove the current Section B of Regulation XIV and replace it with the following: “The Legal and Compliance Committee, under the authority of the Board of Directors, may impose a fine of up to $50 for a violation of any regulation of Section X of the LOWA Regulations.”
Motion by McKee to amend the proposed language of XIV.B. by removing the words “up to”; such that the fine is $50 for any violation.
Vote on the original motion as amended passed unanimously.
9. Scheduled Meetings:
Regular Board Meeting: Saturday, April 2, 2011, Executive Session at 8:00 a.m.; Open Session at 10:00 a.m., in the Community Center.
Regular Board Meeting/Workshop: Wednesday, April 20, 2011 at 2:00 p.m. in the Community Center.
10. Members’ General Comments: One member announced that last week the Veterans Memorial Dam received its 6-year operating certificate, and thanked staff for their hard work in achieving this; one member commented on the missing information board, and another spoke about vandalism on the golf course.
11. Adjournment: On motion by Shope the meeting was adjourned at 3:28 p.m.
Dave McKee, LOWA Secretary
Present Others
Jeff Flynn, President Elton Rupe, Asst. GM of Facilities
Margaret Darby, Vice President Rob Martin, Asst. GM of Operations
Olive Kelly, Treasurer Linda Hiross, Recorder (from 10:00 a.m.)
Dave McKee, Secretary
Bob Shope
Pat Rowland
Ernie Meier
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 Shope to enter into Executive Session at 8:05 a.m. for the purpose of discussing matters involving violations of the Declaration of Restrictions and Regulations for which a member, his family members, tenants, guests or other invitees are responsible. Motion by McKee to amend by adding “to consider personnel matters and consult with legal counsel.” Both motions passed unanimously.
Motion passed unanimously to exit Executive Session at 9:45 a.m.
3. Open Session: Motion by Rowland passed unanimously to enter into Open Session at 10:02 a.m., and to affirm that the Board met earlier today in Executive Session for the purpose of discussing matters involving the Declaration of Restrictions and Regulations, and also discuss personnel matters with legal counsel.
4. Pledge of Allegiance.
5. Approval of Agenda: Motion by Meier to approve the Agenda. Motion by Kelly, passed unanimously, to amend the agenda to add Item 5.1: Consideration of Employment Agreement of General Manager. Vote on the original motion as amended passed unanimously.
5.1 Consideration of Employment Agreement with the General Manager.
Motion by McKee that the Board of Directors terminate the employment agreement with the Lake of the Woods Association, Inc. General Manager in accordance with the terms of the employment agreement, with an effective date of April 2, 2011. Vote: Yea: Shope, Meier, Kelly, Darby and McKee. Nay: Rowland. Motion passed 5 to 1.
6. Approval of Minutes of March 16, 2011.
Motion by McKee, passed unanimously, to approve the minutes of the March 16, 2011 Board meeting.
7. Report from Orange County District 5 Supervisor: Supervisor Lee Frame announced that on April 5 there would be a public hearing on the Orange County budget. He noted that he was only able to increase the budget for elementary school teaching assistants by $75k, but he hopes the remaining $140k will be reinstated. Other budget casualties include the closing of waste collection sites on Sundays.
Redistricting has been performed and there are still two voting precincts in District 5, one at the Clubhouse and the second at the Community Center (not the LOW Church).
The Crackerjacks fireworks club will be active on April 16 from noon to 7 p.m.
8. Report from Orange County Sheriff: Chief Deputy Tim Murphy reported that in March there were 2676 calls for service, 44 of them from LOW; 1060 civil papers were served, 118 in LOW. There were 48 warrants issued, 17 transports and 156 summonses written, 19 of them on Route 3.
He reported that primarily as a result of the efforts of Sgt. Becky Mardue working through the Internet Crimes Against Children program, one Orange County resident pled guilty in Federal court to possession and distribution of child pornography, and another male was indicted on 73 counts of child pornography.
There was a robbery at the Wilderness Library on March 18, and investigators are working on this case.
Counterfeit money, mostly $20 bills, is being circulated in our area, and progress is being made toward identifying those responsible.
The annual Golf Tournament to raise funds for the Citizen’s Police Academy will be held at LOW on May 13.
9. Report from USSA Security: Security Chief Danny Dobson reported that in March Security responded to 67 complaints, 2 auto accidents, issued 30 traffic summonses and registered 124 vehicles. He announced he has accepted a new job with the Spotsylvania Sheriff’s office, and introduced his replacement, Kelly Clark, who will start next week.
10. Report form LOW Volunteer Fire and Rescue: Rick Hooper reported that in March the Rescue Squad had 96 calls, 65 inside LOW and 31 outside; 61 calls resulted in transport to the hospital. The Fire Department had 29 calls, 14 inside LOW, 13 outside, and 2 assists in Culpeper.
11. Report from Orange County School Board Representative: Jim Hopkins responded to questions posed earlier on benefits packages for school employees, and the lighting and security system at the new middle school.
He said school will open again this year after Labor Day, but the school board is considering a start date of August 9 in 2012, which he opposes.
The bill in the General Assembly in Richmond that would have required a set number of physical education hours for students per week was passed by the legislature, but was vetoed by the governor.
12. Reports of Officers:
President Flynn introduced invited guest Ed O’Connell, an attorney with LOWA’s legal counsel Whiteford, Taylor and Preston.
Mr. Flynn announced that Elton Rupe, Assistant GM of Facilities, and Rob Martin, Assistant GM of Operations, will serve as co- Acting General Managers until a new General Manager can be hired. Financial Director Larry Cole will be working with them. He has established a GM search committee consisting of Bob Shope, Andy Harteveld, Dave Francis and Nancy King. Mr. Rupe will be the point man for the RFP on the Security contract, and a committee will also be formed to work with him on that.
Vice President’s Report
Motion by Darby, passed unanimously, to bar Joseph Barnes, Cheryl Copas, Courtney Robertson and Phillip White until their fines are paid in full.
Motion by Darby, passed unanimously, to deny the appeal of Roger Brissette.
Motion by Darby, passed unanimously, to suspend the driving privileges within LOW for Trey Bradley, Michael Curtiss, John Richardson and Gina Seymour for 60 days.
Motion by Darby, passed unanimously, to approve the Committee changes listed in the document dated April 2, 2011: (D-11-25)
Name Status Committee
Alicia Payne Resignation (Alt) External Affairs
Karen O’Donnell Resignation Community and Youth
Gina Yetter-Pilsucki Resignation Community and Youth
Alexis Gray Resignation Community and Youth
Lee Crowell Resignation Community and Youth
Faye Mohler Resignation Legal and Compliance
Wilhelmina Patterson Resignation Elections
Jennifer Gatto Voting Honor Awards
Jennifer Gatto Voting Community and Youth
Larry Pratt Alternate Elections
Brent Pettyjohn Resignation Community and Youth
Vice President Darby said that members are still needed for the Honor Awards and Community and Youth Activities committees.
Treasurer’s Report: Treasurer Kelly reported that the budget remains on track. Cash flow needs for the remainder of the year-ending April 30 are within comfortable limits, but golf and clubhouse operations remain weak when compared to budget. All amenities are in need of support from increased patronage by our members.
13. Report of General Manager: No report available.
14. Committee Reports: No reports available.
15: Member Comments on Business Agenda: Two members had comments and questions on the reasons for allowing dogs at the Equestrian Center.
16. UNFINISHED BUSINESS:
16.1 Consideration of Effective Date for Regulation X: Use of Lakes. (D-11-26)
Motion by Rowland, passed unanimously, that the new Regulation X: Use of the Lakes, approved by the Board on February 5, 2011, become effective on April 9, 2011; that the Regulation be published again in the April 8, 2011 Lake Currents; and that the Board waive enforcement of the operator’s testing provision until a date to be set by the Board.
17. NEW BUSINESS
17.1 Presentation on the Quality Management Council.
Assistant GM of Facilities Elton Rupe brought the Board up-to-date on what progress that has been made toward creating and implementing policies, procedures and position descriptions over the past two years in the areas of administration, operations and facilities.
17.2 Consideration of Amendments to Regulation XI.I: Use of the Equestrian Center—Dogs. (D-11-27)
Motion by Rowland, passed unanimously, that the Board accept the resolution prepared by the Rules Committee to amend Regulation XI.I: Use of the Equestrian Center, and authorize its publication in the April 8, 2011 Lake Currents, with a request for written comments from the members of the Association by April 22, 2011.
18. Scheduled Meetings:
Regular Board Meeting: Wednesday, April 20, 2011 at 2:00 p.m. in the Community Center.
Regular Board Meeting: Saturday, May 7, 2011 in the Community Center: Executive Session 8:00 a.m., Open Session at 10:00 a.m.
19. Members General Comments: There were several questions on car bar code requirements and potential for abuse; a request for improved communication with residential areas affected by unforeseen events; the appearance of some inconsistency in how the “no signs” philosophy is applied; an appeal to members to not leave unwanted mail at the mail stations; a Cause for Paws proponent who felt that the regular use of signs provides much needed support for community charitable fundraisers; a question on the transference of assessment fees when property undergoes foreclosure; a request that there be more publicity on the dog run facility to increase use; and a reminder from one member to clean up after your dog when walking around the community.
20. Adjournment: President Flynn adjourned the meeting at 11:32 a.m.
Dave McKee, LOWA Secretary
Present Others
Jeff Flynn, President Elton Rupe, Asst. GM of Facilities
Margaret Darby, Vice President Rob Martin, Asst. GM of Operations
Olive Kelly, Treasurer Linda Hiross, Recorder
Dave McKee, Secretary
Bob Shope
Pat Rowland
Ernie Meier
1. Call to Order. With a quorum present, President Flynn called the meeting to order at 1:05 p.m.
2. Executive Session
Motion by McKee, passed unanimously to enter into Executive Session at 1:05 p.m. to consider violations of the governing documents, rules and regulations. Executive Session ended at 1:20 p.m.
2. Open Session
President Flynn called the meeting into Open Session at 2:02 p.m. in the Community Center.
Director McKee affirmed that the Board met earlier today in Executive Session to consider violations of the governing documents, rules and regulations.
3. Approval of Agenda: Motion by Meier to approve the Agenda. Motion by McKee to amend the agenda by adding Item 8.3: Consideration of Change to Bylaw Article V: Organization, Section B: Officers of the Association, 3. Duties of Officers, a. President.
4. Approval of Minutes of April 2, 2011. Motion by McKee, passed unanimously, to approve the minutes of April 2, 2011.
5. Committee Reports: Bill McClellan, Golf Committee Chair, gave a summary of usage, conditions, maintenance activities, and rule changes affecting the use of the cart paths at the Golf Course. He said the committee is preparing a Master Plan and would appreciate receiving ideas from members. He announced Andrea Bureman is retiring after working many years at the Pro Shop.
Chair of the Safety and Security Committee, Des Flanigan, discussed issues involving boating safety.
6. Member Comments on Business Agenda: Three members made suggestions concerning the proposed Investment Policy; and one member commented on Item 7.1, Investment Policy, Section D; and Item 8.2, the approval of an injunction.
7. UNFINISHED BUSINESS
7.1 Consideration of Amending Regulation XV.D: Service Charges. (Second Reading) (D-11-28)
Motion by Darby, passed unanimously, that the Board change and adopt Administrative Resolution 2011-2, to delete Regulation XV.D regarding the service charge, effective immediately.
7.2 Consideration of Amending Regulation XIV.B19: Schedule of Penalties for Violations. (Second Reading) (D-11-29)
Motion by Rowland, passed unanimously, to adopt policy Resolution 2011-3, which amends Regulation XIV.B.19: Schedule of Penalties, regarding Regulation X on boats, effective immediately.
7.3 Consideration of Amending Bylaw Article VII: Investment Policy. (First Reading) (D-11-30)
Motion by Kelly that the Board accept the resolution prepared by the Rules Committee to amend Bylaw Article VII: Investment Policy; and authorize its publication in the May 6, 2011 Lake Currents, with a request for written comments from the members of the Association by May 20, 2011. Vote: Yea: Shope, McKee, Darby, Kelly and Meier. Abstain: Rowland. Motion passed.
7.4 Discussion of Boat Operator’s Safety Test.
Director Rowland updated the Board on the status of the boat operator’s safety test. New lake rules have been adopted and are in place. The test will be available soon. He thanked the members who helped develop, rewrite and test this exam. The test will be required of anyone using a boat with more than 10 hp on the main lake. The test will soon be online, and visitors and guests will be expected to have taken the test prior to using a boat on the lake. Complete information on safety test requirements will be published for members.
8. NEW BUSINESS
8.1 Consideration of Approval of Contract with a Placement Service. (D-11-31)
Motion by Shope, passed unanimously, that Lake of the Woods Association, Inc. enter into a contract with Springsted, Inc. to provide search services for a new General Manager based on Springsted’s proposal dated April 18, 2011. The cost of the effort shall not exceed $22,000. Bob Shope, Chair of the Selection Committee, will manage the technical aspects of the contract, and Larry Cole, Director of Finance, will manage the financial and administrative aspects of the contract. Springsted’s primary contact for this effort will be the Search Committee. It will be emphasized with Springsted that the hiring process must be completed by the end of August, 2011, and earlier if possible.
8.2 Consideration of Request for an Injunction. (D-11-32)
Motion by McKee, passed unanimously, that the Board authorize legal counsel to file a lawsuit against the lot owner discussed in Executive Session in order to enjoin the lot owner from current and future violations of the LOWA governing documents, rules and regulations; and for such other relief as is necessary to bring the lot owner’s property into compliance with the governing documents, rules and regulations. The property at issue is 1420 Lakeview Parkway.
8.3 Consideration of Change to Bylaw Article V: Organization, Section B.3.a: Officers of the Association, Duties of Officers: President. (D-11-33)
Motion by McKee, passed unanimously, that the Board modify the Bylaws Article V; specifically, Section B: Officers of the Association, 3. Duties of Officers, a. President, to change the second sentence from “He shall serve as Chief Executive of the Association and Chairman of the Board of Directors” to “The President shall serve as Chairman of the Board of Directors and provide supervision of the General Manager. Matters of compensation and employment of the General Manager will be subject to the approval of the Board of Directors.”
9. Scheduled Meetings:
Regular Board Meeting: Saturday, May 7, 2011 in the Community Center: Executive Session 8:00 a.m., Open Session at 10:00 a.m.
Regular Board Meeting/Workshop: Wednesday, May 18, 2011 at 2:00 p.m. in the Community Center.
10. Members’ General Comments: One member commented on a variety of financial issues.
11. Adjournment: President Flynn adjourned the meeting at 3:17 p.m.
Dave McKee, LOWA Secretary
Present Others
Margaret Darby, Vice President Elton Rupe, Asst. GM of Facilities
Olive Kelly, Treasurer Rob Martin, Asst. GM of Operations
Dave McKee, Secretary Linda Hiross, Recorder (from 10:00 a.m.)
Bob Shope
Pat Rowland
Ernie Meier
Absent
Jeff Flynn
1. Call to Order With a quorum present, Vice President Darby called the meeting to order at 9:00 a.m. in the Community Center.
2. Executive Session
Motion by Kelly, passed unanimously, to enter into Executive Session at 9:00 a.m. 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; pending or probable litigation; and to discuss and consider contracts.
3. Open Session
Motion by McKee, passed unanimously, to enter into Open Session at 10:05 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 Regulations for which a member, his family members, tenants, guest or other invitees are responsible; pending or probable litigation; and to discuss and consider contracts.
4. Pledge of Allegiance
5. Approval of Agenda: Motion by Shope, passed unanimously, to approve the Agenda.
6. Approval of Minutes of April 20, 2011. Motion by McKee, passed unanimously, to approve the minutes of April 20, 2011.
7. Report from Orange County District 5 Supervisor: Supervisor Lee Frame said the redistricting proposal based on the annual census has been sent to the Department of Justice for their approval. The Board will review the lease for the Recycling Center and work with LOWA to come to some agreement. He said he is seeking re-election to the Board in November for another four-year term.
8. Report from Orange County Sheriff: Sheriff Mark Amos reported that in April there were 2496 calls for service, 829 civil papers served, 64 warrants issued, 20 criminal transports and 161 summonses written. In LOW, there were 64 calls for service and 64 civil papers served. He said that on April 10 there was a larceny at the church; about $1000 was stolen and purses have also been stolen. They have recovered items stolen during a recent robbery on Route 3, and one person has been convicted of child pornography charges and is now in prison.
9. Report from USSA Security: Security Chief Kelly Clark said that in April there were 92 complaint calls received, three animal calls and two reports of vandalism/theft. There were two traffic accidents, 48 traffic summonses written and 110 vehicles registered. Road patrol logged in 4652 miles of surveillance. He reviewed a number of security policies and procedures that are being improved or newly implemented. The security staff is being expanded and future training programs will include boat safety and water rescue.
10. Report from LOW Volunteer Fire & Rescue, Inc: Fire Chief Rick Hooper said that in April there were 102 calls to Rescue, 59 inside LOW and 41 outside. The Fire Department received 27 calls, 25 inside LOW and 2 outside. He said they are now transporting patients to the new Spotsylvania Medical Center when appropriate. Saturday, May 21 they will be participating in “Celebrate EMS Day” from 10 am to 2 p.m.
11. Report from Orange County School Board: Representative Jim Hopkins reported that the budget was approved at the May 4 School Board meeting. Around $215k was reinstated to the budget to pay for 10 teacher classroom aides. The new school year will start on September 6. Students expected to matriculate at the new middle school are being given tours of the facility to become familiar with it prior to attendance in the fall. Roadwork at Rtes 20/601 and on the upgrade of water/sewer lines to accommodate the new school are ongoing. He said he plans to run again for the School Board in November.
12. Reports of Officers:
President’s Report: No report was available as Mr. Flynn was out-of-town.
Vice President’s Report:
Motion by Darby, passed unanimously, to accept the following Committee Changes (D-11-34):
Name Status Committee
Clifton Wilks Voting Rules
Clifton Wilks Alternate Legal & Compliance
Mike Musatow Voting (from Alt) Legal & Compliance
George Lovelace Voting Honor Awards
Louisa Rucker Advisor Clubhouse
Peter Williams Voting Honor Awards
Treasurer’s Report: Treasurer Kelly reported that a full budget report for FY 2010-11 will be available at the next Board meeting. However, a preliminary review shows a budget surplus of over $100k is expected. Regarding assessment collections for the current year which began May 1, we have collected over $4M, or 81% of the total amount billed.
Secretary’s Report: The Secretary had no report.
Motion by McKee, passed unanimously, to bar Cristina Collins from LOW until her fine is paid in full.
Motion by McKee, passed unanimously, to suspend the driving privileges within LOW for David Hudson for 60 days.
Motion by McKee, passed unanimously, to postpone the deactivation of the barcode of a juvenile.
13. Report from General Manager: No report.
14. Committee Reports:
Pools Committee Chair Maureen Otero gave the Board an update on the status of the pools. The pools are scheduled to reopen May 28. She said that smoking will no longer be allowed inside the pool gates, only outside. The committee is working on offering refreshments (drinks and snacks) at the pools, but that service will not be available this year.
Nominating Committee Chair Peter Williams announced that the following individuals have filed successful applications for the Board of Directors election this year: Jon Anderson, Charles Kilby, Jim Walsh, Jack Walker and Ted Wessel.
Joan Hartevelt, Chair of the Clubhouse Committee, said that the restrooms on the lower level of the Clubhouse have been renovated and are now handicap-accessible. The outside deck will open for dining this week. She encouraged members to patronize the Clubhouse to help keep subsidy costs down.
15. Member Comments on Business Agenda: No member comments.
16. UNFINISHED BUSINESS
16.1 Consideration of Amendments to Regulation XI.I: Use of the Equestrian Center—Dogs.(D-11-35)
Motion by Rowland, passed unanimously, to return Regulation XI.I: Use of the Equestrian Center, to the Rules Committee to develop a resolution for publication in the June 3, 2011 Lake Currents for comments by June 17, 2011.
16.2 Consideration of Amendments to Bylaw Article VIII: Amendments. (Second Reading) (D-11-36)
Motion by Shope, passed unanimously, that the Board adopt Policy Resolution 2011-5, which amends Bylaw Article VIII: Amendments, with an effective date of May 7, 2011.
16.3 Consideration of Amendments to Regulation XIV.B: Schedule of Penalties. (Second Reading) (D-11-37)
Motion by Rowland, passed unanimously, that the Board adopt Policy Resolution 2011-6, which amends Regulation XIV.B: Schedule of Penalties, with an effective date of May 7, 2011.
17. NEW BUSINESS
17.1 Consideration of Tasking the AGM of Facilities with Renewing the Contract with Orange County Regarding the Trash Compactor site at LOW. (D-11-38)
Motion by Meier that the Board of Directors task the Assistant General Manager of Facilities to contract with the Orange County Board of Supervisors to renew the county contract with LOWA to continue to operate the county trash compactor facility at LOW.
Vote: Yea: McKee, Shope, Rowland, Meier. Nay: Kelly. Motion passed 4 to 1.
17.2 Consideration of Slate of Candidates for the 2011 Board of Directors Election. (D-11-39)
Motion by McKee that the Board accept and approve the slate of candidates for the 2011 Board of Directors election. Vote: Yea: Meier, Shope, McKee and Rowland. Abstain: Kelly. Motion passed.
18. Scheduled Meetings:
Regular Board Meeting/Workshop: Wednesday, May 18, 2011 at 2:00 p.m. in the Community Center.
Regular Board Meeting: Saturday, June 4, 2011 at 8:00 a.m. (Executive Session);
10:00 a.m. (Open Session), in the Community Center.
19. Members’ General Comments: Comments and opinions were heard on the handling of late assessment fees and the status of the compactor site.
20. Adjournment: Motion by Meier, passed unanimously, to adjourn the meeting at 11:12 a.m.
Dave McKee, LOWA Secretary
Present Others
Jeff Flynn, President
Margaret Darby, Vice President Elton Rupe, Asst. GM of Facilities
Olive Kelly, Treasurer Rob Martin, Asst. GM of Operations
Dave McKee, Secretary Linda Hiross, Recorder (from 2:00 p.m.)
Bob Shope
Pat Rowland
Ernie Meier
1. Call to Order
With a quorum present, President Flynn called the meeting to order at 1:05 p.m. in the Community Center.
2. Executive Session
Motion by Meier, passed unanimously, to enter into Executive Session at 1: 05 p.m. to discuss matters involving violations of the Declaration of Restrictions and Regulations, and contractual matters.
3. Open Session
Motion by Rowland, passed unanimously, to enter into Open Session at 2:03 p.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 Regulations, and contractual matters.
4. Pledge of Allegiance.
5. Approval of Agenda: Motion by Shope, passed unanimously, to approve the Agenda.
6. Approval of Minutes of May 7, 2011. Motion by McKee, passed unanimously, to approve the minutes of May 7, 2011.
7. Legal and Compliance Issue
Motion by McKee, passed unanimously, that LOWA not enforce the barcode deactivation of one unnamed juvenile.
Motion by McKee, passed unanimously, that the penalty for David Hudson be changed from suspension of driving privileges to deactivation of the barcode for 60 days.
8. Committee Reports: Doug Rogers, Vice Chair of Maintenance & Ecology Committee, reported on progress and activities for a variety of projects, including the tar and chip Program (Sections 1, 14 and 16 will be affected); replacement of street signs, dam maintenance, and dredging activities that have already started in the main lake.
9. Member Comments on Business Agenda: There were no comments.
10. UNFINISHED BUSINESS
10.1 Discussion of Communications Committee Response Regarding the Front GateMessage Board.
Following extensive discussion, motion by Darby to close this agenda item to discussion with no further action necessary. Vote: Yea: Rowland, Darby and McKee. Nay: Kelly, Shope and Meier. Flynn voted “yea” to break the tie. Motion passed.
11. NEW BUSINESS
11.1 Consideration of Request to Enter Lot for Maintenance. (D-11-40)
Motion by Shope, passed unanimously, that Section 13, Lot 32 be entered and the lot be mowed and cleared of debris, and that the respective property be billed for the costs related to such work in accordance with Paragraph 14 of the Restrictive Covenants.
12. Scheduled Meetings:
Regular Board Meeting: Saturday, June 4, 2011 at 8:00 a.m. (Executive Session); 10:00 a.m. (Open Session), in the Community Center.
Regular Board Meeting/Workshop: Wednesday, June 15, 2011 at 2:00 p.m. in the Community Center
13. Members’ General Comments:
14. Adjournment: Motion by Kelly, passed unanimously, to adjourn the business portion of the meeting at 2:29 p.m.
15. WORKSHOP
15.1 Discussion of Vision and Mission Statements.
Opinions were heard from both Board members and member attendees on how the vision and mission statements might be changed to reflect current and future direction of the LOW community.
15.2 Discussion of Amendments to Bylaw Article V.C: Employees of the Association.
Discussion focused mostly on the need to clarify the duties of officers, what level of approval is required for certain expenses and contract approvals, and define expense thresholds that would require Board approval. Director Kelly agreed to rework the language for consideration of the Board at a later date.
15.3 Discussion of Amending Section X of the LOWA Regulations Regarding Proof of Completion of a Boating Safety Course.
Lakes Committee Chair Julie Wilson spoke at length about requiring boat owners to pass the Boat Safety Test before registration of a boat. Director Rowland agreed to discuss this with members of the Ad Hoc Boating Safety Committee for follow-up by the Board at a later date.
15.4 Discussion of Ski Club Practices
The concern here is for the safety of skiers in the Clubhouse dock area on Thursday evenings, when the Ski Club is practicing and the Clubhouse dock is being used by dinner guests arriving via boat. The Ski Club has been contacted, but no specific response has been received to date. Director Rowland will follow-up with the Ski Club.
15.5 Discussion Clarifying the $45 ECC Fee.
President Flynn reminded members that there is an ECC application and permit process requirement at this time for any topographical change members want to make to the road ditch and sloped areas in front of their property, including flower beds. The Board decided to put this topic on the next agenda to propose exempting the installation of flower beds from the $45 fee.
The workshop was adjourned at 3:46 p.m.
Dave McKee, LOWA Secretary
Present Others
Jeff Flynn, President
Margaret Darby, Vice President Elton Rupe, Asst. GM of Facilities
Olive Kelly, Treasurer Rob Martin, Asst. GM of Operations
Dave McKee, Secretary Linda Hiross, Recorder (from 10:00 a.m.)
Pat Rowland
Ernie Meier
Bob Shope
1. Call to Order
With a quorum present, President Flynn called the meeting to order at 9:00 a.m. in the Community Center.
2. Executive Session
Motion by Meier, passed unanimously, to enter into Executive Session at 9:01 a.m. to discuss contractual matters, personnel matters, pending or probable litigation and 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 Rowland, 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 contractual matters, personnel matters, pending and probable litigation, and 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 Kelly to approve the Agenda. Motion by McKee, passed unanimously, to amend the agenda by removing Item 16.1: Consideration of Amending Bylaw Article VII: Investment Policy, and adding it to the June 15, 2011 Board Agenda.
Motion by McKee, passed unanimously, to remove Item 17.3, Consideration of Renovation Project for Fareways, and include it as a discussion during the Report of the General Manager on today’s agenda.
Vote on the original motion to approve the Agenda as amended passed unanimously.
6. Approval of Minutes of May 18, 2011. Motion by McKee, passed unanimously, to approve the minutes of May 18, 2011.
7. Report from Orange County District 5 Supervisor: Representative Lee Frame reported that on June 22 at 7 pm the Board of Supervisors will hold a public hearing with the Department of Environmental Quality to discuss the permit for a new landfill. Our current landfill is scheduled for closure next year. Public hearings will also have to be held again relative to Walmart’s selection of a new building site on Route 3. A major concern with the new site is increased traffic on Rte 601.
He asked members to e-mail their opinions on constructing two left lanes on Rte 3 at the LOW entrance so he has some input to share with the Virginia Department of Transportation.
8. Report from Orange County Sheriff: Sheriff Mark Amos reported that in Orange County for the month of May there were 2546 calls for service, 814 civil papers served, 54 warrants served, 37 criminal transports and 111 summonses written. In LOW, there were 67 calls for service, 67 civil papers served, and 17 traffic tickets written on Route 3.
He said May was a relatively quiet month. On May 14 vandalism to a boat at the small marina was reported, and on May 19 an iPod and camera were stolen from a car.
Sheriff Amos praised the Orange department canine handlers for their remarkable performance at a recent competition with other area law enforcement county canine handlers.
He announced there would be a second Youth Citizens Police Academy program starting on June 20 to train youth in leadership and team-building skills. Interested residents can obtain an application through the Sheriff’s office.
9. Report from Security: USSA Security Chief Kelly Clark reported that in May they responded to 59 alarms, 2 animal complaints, 2 vandalism/theft reports, and 1 auto accident. Surveillance logged in 4899 miles and 62 vehicles were registered. There were no boating accidents, but 14 boat summonses were issued.
10. Report from LOW Volunteer Fire and Rescue: Rick Hooper reported that the planned land swap between Fire and Rescue and LOWA has now been completed.
Statistics for May showed there were 97 calls to Rescue, 66 inside LOW and 31 assists in the County. There were 59 transports.
For the Fire Department, there were 29 calls, 9 inside LOW, 17 in Orange County, and 3 in Spotsylvania. There were 12 auto accidents and 2 structure fires.
He said Sunday, July 3 will be the rain date for the Festival planned on Saturday, July 2. Sunday activities would include at least the festival and fireworks; it is uncertain at this time if the parade would also take place on Sunday as well.
11. Report from Orange County School Board: Representative Jim Hopkins announced that 375 seniors will graduate from Orange County High School on June 11 at Porterfield Park. June 14 will be the last day of school for all students. On June 7, the School Board will vote on the proposed 2012 school calendar.
12. Reports of Officers:
President Flynn explained the reason for the land swap between LOWA and LOW Volunteer Fire and Rescue, Inc.
Vice President’s Report:
Motion by Darby, passed unanimously, to bar Henry Shaver from LOW until his fine is paid in full.
Motion by Darby, passed unanimously, to deactivate the barcode of Sheila Creef for 60 days.
Motion by Darby, passed unanimously, to approve the Committee changes as listed in the document dated June 4, 2011: (D-11-41)
Name Status Committee
Donald Cope Alternate Maintenance & Ecology
Bob Halstead Resign Lakes
Curtis Abel Voting Lakes
Judy Barnes Resign Pools
Jennifer Gatto Voting Pools
Vic Shook Advisor (tenant) Tennis
Bob Noble Resign Golf
Bill Wilson Voting Golf
Report of the Treasurer: Treasurer Olive Kelly said that the year-end financials are not quite ready yet, but will be published in the June 17 Lake Currents. She noted that LOWA has $5.7M on hand as of the end of April, and another $1M was added from assessment receipts in May. To date, LOWA has collected 83% of what was billed.
13. Report of General Manager: Assistant General Manager of Operations, Rob Martin, presented a brief overview of the outcome of focus group discussions that took place recently on Fareways operations. He detailed the pros and cons of three options the group came up with: 1) Upgrade dining room, kitchen, menu and service hours; 2) improve upon the basic “snack bar” concept, or 3) do nothing. Following his presentation, the options were discussed by the Board with input from several members.
14. Committee Reports
Georgine Winslett, Chair of the Equestrian Committee, reported that there have been three horse shows this year, with the next one scheduled for Sunday, June 19. A dog obedience class will start on June 21; there is a minimum of 6 dogs needed to hold the class. Seventy applications have been received for Pony Camp this summer and there are a few spaces left. Their next Open House will be held on Saturday, July 2 from 9-11 a.m.
Lake Users Committee Chair Julie Wilson spoke to several issues they are addressing, including the utilization of kayak/canoe racks; safety of ski club members practicing in the Clubhouse dock area; Regulation changes necessary to accommodate the new Boating Safety test requirements; plans to manage lake levels; a study to evaluate upgrades to Cumberland Beach to meet standards; the unauthorized discharge of fire-retardant foam into the lake during training practice for firefighters; boating and lake safety topics selected for publication in the Lake Currents; and refining the lake patrol schedule, among others.
Chair of Honors and Awards Committee Lee Frame asked residents to send in nominations for this year’s awards. To date, they have received only four.
15. Member Comments on Business Agenda: There were no comments.
16. UNFINISHED BUSINESS
16.1 Consideration of Amending Bylaw Article VII: Investment Policy. (This item was removed from the Agenda)
16.2 Consideration Amending Regulation Section VI: Use of Roads and Parking Lots. (First Reading)
Motion by McKee, that the Board accept the Resolution prepared by the Rules Committee to amend Section VI: Use of Roads, and authorize its publication in the June 17, 2011 edition of Lake Currents, with a request for written comments from the members of the Association by July 1, 2011.
Following extensive discussion, it was felt the subject needed further study and was referred to Des Flanigan, Chair of the Safety and Security Committee.
Motion by Rowland, to table the motion. Vote: Yea: Rowland, Meier, Kelly, and Darby. Nay: McKee. Motion passed 4 to 1.
17. NEW BUSINESS
17.1. Consideration of Amending Regulation XIV.A: Schedule of Penalties. (First Reading) (D-11-42)
Motion by Darby, passed unanimously, that the Board accept the Resolution prepared by the Rules Committee to amend Regulation XIV.A: Schedule of Penalties, and authorize its publication in the June 17, 2011 edition of Lake Currents, with a request for written comments from the members of the Association by July 1, 2011.
17.2 Consideration of Exempting the Planting of Flowers from the $45 ECC Fee. (D-11-43)
Motion by McKee, passed unanimously, that the $45 fee for a permit for flower beds in the road rights-of-way drainage easement, or any other LOWA-owned property, be waived.
17.3 Consideration of Renovation Project for Fareways (New Capital). (Discussion of this item was moved to Agenda Item 13: General Manager’s Report.)
17.4 Consideration of Revision to Bylaw Article V.B.3.a: Organization, Officers of the Association, Duties of Officers, President. (First Reading) (D-11-44)
Motion by McKee, passed unanimously, that the Board accept the Resolution prepared by the Rules Committee to amend Bylaw Article V.B.3.a: Organization, Officers of the Association, Duties of the Officers, President, and authorize its publication in the June 17, 2011 edition of Lake Currents with a request for written comments from the members of the Association by July 1, 2011.
17.5 Consideration of Vision and Mission Statements. (D-11-45)
Motion by McKee, passed unanimously, that the proposed vision statement and the revised mission statement for Lake of the Woods be published in the June 17, 2011 issue of Lake Currents with a request for comments by July 1, 2011.
18. Scheduled Meetings:
Regular Board Meeting/Workshop: Wednesday, June 15, 2011 at 2:00 p.m. in the Community Center
There is no board meeting scheduled for the first Saturday in July.
Regular Board Meeting, Wednesday, July 20, 2011 at 2:00 p.m. in the Community Center
19. Members’ General Comments: Members commented on the need for better microphones at meetings; increasing member awareness of the problems associated with parking at intersections; imposing fees for commercial users of the 9.9 site; a request for a correction to the May 18 minutes regarding the message board removal; and suggestions for improved bus stop protocol for pedestrians and cars.
20. Adjournment: Motion by Rowland to adjourn. Since there was no objection, President Flynn adjourned the meeting at 11:29 a.m.
Dave McKee, LOWA Secretary
Present Others
Jeff Flynn, President
Margaret Darby, Vice President Elton Rupe, Asst. GM of Facilities
Olive Kelly, Treasurer Rob Martin, Asst. GM of Operations
Dave McKee, Secretary Linda Hiross, Recorder
Pat Rowland
Ernie Meier
Bob Shope
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. Pledge of Allegiance
3. Approval of Agenda: Motion by Meier, passed unanimously, to approve the Agenda.
4. Approval of Minutes of June 4, 2011. Motion by McKee, passed unanimously, to approve the minutes of June 4, 2011.
5. Committee Reports: There were no reports from the committees.
Motion by Darby, passed unanimously, to accept the committee changes as listed in the document dated June 15, 2011. (D-11-46)
Name Status Committee
Richard Lorenz Resign Environmental Control
Jim Buongiovanni Voting Environmental Control
6. Member Comments on Business Agenda: There were no comments.
7. UNFINISHED BUSINESS
7.1 Consideration of Amending Bylaw Article VII: Investment Policy. (Second Reading) (D-11-47)
Motion by McKee to adopt Policy Resolution 2011-7, which amends Bylaw Article VII: Investment Policy, with an effective date of June 15, 2011. Vote: Yea: McKee, Darby, Kelly and Shope. Nay: Meier and Rowland. Motion passed 4 to 2.
7.2 Consideration of Effective Date for Regulation X.A.4: LOWA Boat Operator’s Safety Course Requirements. (D-11-48)
Motion by Rowland, passed unanimously, to make the effective enforcement date for Regulation X.A4: LOWA Boat Operator’s course requirements July 1, 2011, and to provide for warnings rather than tickets to first time offenders from July 1 to August 1, 2011.
Motion by McKee, second by Darby, to take Consideration of Amending Regulation Section VI: Use of Roads and Parking Lots, off the table. Vote: Yea: McKee and Shope. Nay: Darby, Kelly, Meier and Rowland. Motion failed.
8. NEW BUSINESS
8.1. Consideration of Renewal of Insurance Policies. (D-11-49)
Motion by Kelly, passed unanimously, that the Board accept the proposal for the renewal of insurance policies as prepared by Bankers Insurance, for a total premium of
$ 257,769.
8.2 Consideration of Request to Enter Lots for Maintenance. (D-11-50)
Motion by Shope, passed unanimously, that Section 9, Lot 261, be entered and the lot mowed, and the respective property be billed for the cost related to such work in accordance with Paragraph 14 of the Restrictive Covenants.
Motion by Shope, passed unanimously, that Section 5, Lot 244 be entered and the lot mowed, and the respective property be billed for the cost related to such work in accordance with Paragraph 14 of the Restrictive Covenants.
Motion by Shope, passed unanimously, that Section 1, Lot 195 be entered and the lot mowed, and the respective property be billed for the cost related to such work in accordance with Paragraph 14 of the Restrictive Covenants.
Motion by Shope, passed unanimously, that Section 10, Lot 121 be entered and the lot mowed, and the respective property be billed for the cost related to such work in accordance with Paragraph 14 of the Restrictive Covenants.
Motion by Shope, passed unanimously, that Section 13, Lot 376 be entered and the lot mowed, and the respective property be billed for the cost related to such work in accordance with Paragraph 14 of the Restrictive Covenants.
Motion by Shope, passed unanimously, that Section 9, Lot 260 be entered and the lot mowed, and the respective property be billed for the cost related to such work in accordance with Paragraph 14 of the Restrictive Covenants.
8.3 Elimination of Regulation X.E.12.f. (All powered watercraft shall keep to the right in coves.) (D-11-51)
Motion by Rowland, passed unanimously, to direct the Rules Committee to draft a resolution to eliminate Regulation X.E.12.f. “All watercraft shall keep to the right in coves”, and instruct the Acting General Manager to inform the Lake Patrol that this regulation not be enforced, effective immediately.
9. Scheduled Meetings:
There is no board meeting scheduled for Saturday, July 2, 2011.
Regular Board Meeting/Workshop, Wednesday, July 20, 2011 at 2:00 p.m. in the Community Center
Regular Board Meeting, Saturday, August 6, 2011 at 10:00 a.m. in the Community Center
10. Members’ General Comments: Members commented on 1) the timely passage and implementation of the boat safety regulation; 2) the need for a similar timely resolution to proposed parking restrictions at intersections; 3) a request to alternate open hours for the Clubhouse and Sweetbriar pools during the early weeks of the season; and several comments on improvements for Fareways, the front entrance sign and proffers to be requested from Walmart.
11. Adjournment: With a motion by Rowland, and there being no objection, President Flynn adjourned the business portion of the meeting at 3:00 p.m.
12. WORKSHOP
12.1 Walmart Proffer Proposal. Discussion included what types of proffers would be most welcome and necessary, especially as regards accommodating higher volume traffic on Rts 3 and 621 at our front and back gates. Orange County Board of Supervisors’ representative Lee Frame answered several questions from the Board and other members to clarify possibilities, strategies and the current status of various proposals. He asked for input from the Board and members so he would have some material to present to Walmart executives on June 25 when a public meeting will be held on the topic in the LOW Community Center at 10:00 a.m. Results of this meeting will be discussed at the July 20, 2011 Board meeting.
12.2 Front Entrance Sign. Acting Co-General Manager Elton Rupe said plans for replacement of the sign are on hold due to possible redesign of the front entrance and turn lanes on Rte 3 pending the results of updated traffic studies. Mr. Rupe will provide more detailed information on the current sign design for the Board and Communications Committee to review.
12.3 Modifications to Bylaw Article V, Sections B and C: Officers of the Association and Employees of the Association.
Director McKee summarized the major changes of the proposed modifications. He will prepare a motion for the July 20, 2011 Board meeting to send the proposed modifications to the Rules Committee.
12.4 Fareways Renovation. Acting Co-General Manager Rob Martin gave an update on the major reasons this facility is not more self-supporting. Possible outsourcing of management does not appeal to potential managers due to the need for kitchen upgrades and poor design of the food preparation area. The perception that it is mainly for golfers persists throughout the community, with low customer traffic from non-golfer sources. Investment in new kitchen facilities does not guarantee increased traffic unless other changes are made as well.
12.5 Signs on LOWA Property: Until the working group’ changes to Section V of the rules are approved, the General Manager has the authority to allow posting of signs on LOWA property. The General Manager’s permission will be in writing.
The workshop adjourned at 4:42 p.m.
Dave McKee, LOWA Secretary
Present Others
Jeff Flynn, President (Exec Session only)
Margaret Darby, Vice President Rob Martin, Asst. GM of Operations
Olive Kelly, Treasurer Linda Hiross, Recorder (from 2:00 p.m.)
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 1:00 p.m. in the Community Center.
2. Executive Session: Motion by Rowland, passed unanimously, to enter into Executive Session at 1:00 p.m. for the purpose of discussing several contractual and personnel matters.
3. Open Session: With Vice President Darby presiding, motion by Shope, passed unanimously, to enter into Open Session at 2:06 p.m., and to affirm that the Board met earlier today in Executive Session for the purpose of discussing contractual and personnel matters.
4. Pledge of Allegiance
5. Approval of Agenda: Motion by Meier, passed unanimously, to approve the Agenda.
6. Approval of Minutes of June 15, 2011.
Motion by McKee, passed unanimously, to approve the minutes of June 15, 2011.
7. Reports of Officers:
Motion by Darby, passed unanimously, to bar Schnick M. Ellis and Terrance M. Blue from LOW until their fines are paid in full.
Motion by Darby, passed unanimously, to approve the Committee changes as listed in the document dated July 20, 2011: (D-11-52)
Name Status Committee
Bob Warfel Resign Rules
Virgil Romiti Resign Golf
Tom Sheridan Voting Golf
Ted Wessel Voting Planning
Doug Rogers Alternate Planning
Winston Sides Alternate Planning
(moved from Advisor)
Michael Truitt Advisor Safety & Security
(moved from Alternate)
Robert Fast Resign Finance
Dan McFarland Alternate Planning
Neil Buttimer Alternate Planning
JoAnn Capewell Resign Equestrian
Brenda Conway Alternate Finance
William Logan Advisor Finance
Jim Monical Alternate Communications
Larry Balda Voting Equestrian
Treasurer Kelly reported that since we are only two months into the current year, there is not much to report on regarding the budget. However, in reviewing the numbers, it appears business has picked up slightly at the Clubhouse and Equestrian Center where they are doing a great job with their summer camp. She reviewed our cash and investments and how they relate to the operating and capital budgets, the restricted reserve balances, and the importance of utilizing the Reserve Study analysis, which is a key management tool.
Cash and investments as of the end of June was approximately $6.5M, of which $3.1M is set aside in the restricted reserve accounts. There is still about $1M in capital projects to be completed over the next 10 months. This will reduce the restricted reserve balance to about $2.1M by the end of this fiscal year. These funds will be needed to cover planned capital projects, primarily replacement capital and road repairs in the years ahead. Based on the Five-year Plan, which covers the period from FY2011-FY2015, we are going to need approximately $4M to pay for planned capital projects over the next 4 years. These numbers came straight out of the Reserve Study analysis, which detailed each asset that will require either replacement or repairs. In light of the above, every effort is being made to build up our restricted reserve balance, hold costs down, and try to do more to improve operating revenue.
Overall, the Association’s finances are in good order despite the difficult economic environment we have been operating in over the past 3 years. We are debt-free. We ended the fiscal year with over $2M in the Restricted Reserve account, and a small surplus in the operating budget. The audited report for FY-2010 will be presented to the membership at the mid-August Board meeting by a professional auditor.
8. Committee Reports:
Sue Merna of the Planning Committee summarized the results of the Planning survey, to which 28% of our members responded. She said the results would be published in the July 29, 1011 issue of Lake Currents.
Director Rowland gave the Board an update on his discussions with the Ski Club. He reported they have agreed to have a spotter boat present during Thursday evening Ski Club practices for added safety, and see that boat traffic is directed to use the C dock area during those hours.
9. Member Comments on Business Agenda: There were no comments.
10. UNFINISHED BUSINESS
10.1 Consideration of Amending Regulation XI: Use of the Equestrian Center. (Second Reading) (D-11-53)
Motion by Rowland, passed unanimously, that the Board adopt Resolution #2011-8, which amends Regulation XI: Use of the Equestrian Center.
10.2 Consideration of Motion to Take off the Table the Motion to Amend Section VI: Use of Roads. (D-11-54)
Motion by McKee, passed unanimously, to take off the table the motion to amend Section VI: Use of Roads.
Motion by McKee, passed unanimously, to amend the motion to be that the Board accept the Resolution prepared by the Rules Committee to amend Section VI: Use of Roads, and authorize its publication in the July 29, 2011 edition of Lake Currents, with a request for written comments from the members of the Association by August 15, 2011.
10.3 Consideration of Amending Bylaw Article V.B.3.a: Organization, Officers of the Association, Duties of Officers: President. (Second Reading) (D-11-55)
Motion by McKee, that the Board adopt Policy Resolution #2011-9 which amends Bylaw Article V.B.3.a: Organization, Officers of the Association, Duties of Officers, President.
Motion by McKee, passed unanimously, to modify the wording.
Vote on the original motion as amended passed unanimously.
10.4 Consideration of Amending Regulation XIVA: Schedule of Penalties. (Second Reading) (D-11-56)
Motion by Shope, passed unanimously, that the Board adopt Policy Resolution #2011-10, which amends Regulation XIV.A, Schedule of Penalties.
10.5 Consideration of Vision Statement. (D-11-57)
Motion by McKee, passed unanimously, to approve the Vision Statement. Following discussion, the Vision Statement was adopted as follows:
“The Vision of the Lake of the Woods Association is to be a recreation-oriented, private community of single family, owner-occupied homes with neighbors working together to promote a friendly, healthy, safe and aesthetically pleasing community; and to provide a high quality of life. We envision a neighborhood that is considered by residents and non-residents alike to be a desirable place in which to live and enjoy the benefits of family, friends and community.”
10.6 Consideration of Mission Statement. (D-11-58)
Motion by McKee, passed unanimously, to approve the Mission Statement. Following discussion, the Mission Statement was adopted as follows:
“The Mission of the Lake of the Woods Association is to enhance the quality of life in the community through effective cost management of the common areas and amenities, and to preserve and enhance property values. The Association accomplishes its mission through the development and management of recreational amenities, security services, and the maintenance of Association-owned property.”
10.7 Consideration of Amending Regulation X.E.12.f: Use of Lakes, Watercraft Operations. (First Reading) (D-11-59)
Motion by Rowland, passed unanimously, that the Board accept the Resolution prepared by the Rules Committee to amend Regulation X.E.12.f: Use of Lakes, Watercraft Operations, and authorize its publication in the July 29, 2011 edition of the Lake Currents, with a request for written comments from the members of the Association by August 12, 2011.
10.8 Consideration of Amending Regulation IV.I: Individual Behavior. (First Reading)
(D-11-60)
Motion by McKee, passed unanimously, to indefinitely postpone the motion.
(In support of postponement, Director McKee read a section of a memo from the Rules Committee to the Board dated June 30, 2011, which did not recommend adoption of a loitering regulation, and which read in part as follows: “There was a landmark Supreme Court case in 1999 on the matter of loitering wherein such a provision in the Chicago ordinances was struck down. The Supreme Court concluded that the Chicago loitering ordinance did not provide sufficiently specific limits on the enforcement discretion of the police “to meet constitutional standards for definiteness and clarity.”
11. NEW BUSINESS
11.1 Consideration of Amending Bylaw Article V, Sections B. and C. (D-11-60)
Motion by McKee, passed unanimously, that the revisions to Bylaw Article V, Sections B and C concerning Duties of Officers and General Manager, be sent to the Rules Committee to be put in resolution format.
12. Scheduled Meetings:
Regular Board Meeting: Saturday, August 6, 1011: 8:00 a.m. Executive Session; 10:00 a.m. Open Session, in the Community Center
Regular Board Meeting/Workshop: Wednesday, August 17, 2011 at 2:00 p.m. in the Community Center
13. Members’ General Comments: Orange County Supervisor Lee Frame shared information on the lack of a noise ordinance in Orange County and the difficulties of formulating and enforcing one. A member from the Safety and Security Committee offered additional information and resources on ways to handle loitering issues.
14. Adjournment: With a motion by Kelly, passed unanimously, to adjourn the business portion of the meeting at 2:57 p.m.
15. WORKSHOP
15.1 Discussion of Walmart Special-use Conditions:
Director McKee read a list of suggestions for changes he has received from various members that could possibly be submitted to Walmart as they plan their new store off of Route 3. Most of them address traffic issues such as additional turn lanes, traffic lights, road widening, etc. Supervisor Lee Frame commented on the various suggestions and their likelihood of being accepted by Walmart and/or approved by VDOT. Both the Board and Supervisor Frame welcome any additional input from members on changes members think might be needed to mitigate any negative impact on the subdivisions and transportation in the Rte 3/601 area.
15.2 Discussion of Historical Signs on LOWA Property.
Peter Rainey, President of the Civil War at LOW Study Group, asked the Board to consider approval of the installation of three educational, interpretive signs in LOW at specific locations that depict important sites of the Battle of the Wilderness. The cost of the signs would be about $2400, funding sources to be determined. The Board agreed to put this item on the agenda for their next meeting on August 6, 2011.
The workshop was adjourned at 3:37 p.m.
Dave McKee, LOWA Secretary
Present Others
Jeff Flynn, President Elton Rupe, Asst. GM of Facilities
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 9:00 a.m. in the Community Center.
2. Executive Session:
Motion by Kelly, passed unanimously, to enter into Executive Session at 9:00 a.m. for the purpose of discussing matters involving violations of the Declaration of Restrictions and Regulations for which a member, his family members, tenants, guests or other invitees are responsible; to discuss personnel matters, and to discuss and consider contracts.
3. Open Session: Motion by Shope, passed unanimously, to enter into Open Session at 10:03 a.m., and to affirm that the Board met on Monday, August 1, 2011 in Executive Session to discussion personnel matters and to discuss and consider contracts; and that the Board also met earlier today in Executive Session for the purpose of discussing matters involving violations of the Declaration of Restrictions and Regulations for which a member, his family members, tenants, guests or other invitees are responsible; to discuss personnel matters, and to discuss and consider contracts.
4. Pledge of Allegiance
5. Approval of Agenda: Motion by Rowland, passed unanimously, to approve the Agenda.
6. Approval of Minutes of July 20, 2011.
Motion by McKee, passed unanimously, to approve the minutes of July 20, 2011.
7. Report of Orange County District 5 Supervisor: Supervisor Lee Frame reported that the members of Somerset Ridge subdivision are unhappy about the new chosen location for Walmart on Route 3, but understand the decision is unlikely to change. Their HOA will be meeting with Walmart in the near future to discuss ways to mitigate any possible negative impacts to their community. Walmart has submitted a traffic impact analysis that has not yet been reviewed by VDOT. Mr. Frame reviewed several specific traffic flow concerns and considerations.
The signage ordinance was approved at the last Board meeting.
8. Report from Orange County Sheriff: Sheriff Amos reported that for the month of July, there were 2435 calls for service in Orange County, for a total of 17,483 for the year; there were 80 in LOW, for a total of 405 for the year. In the county, there were 78 warrants served, 26 criminal transports, 647 civil papers served, and 154 traffic summonses issued. In LOW, there were 64 civil papers served and 11 traffic tickets written.
Sheriff Amos said that there have been numerous thefts reported in LOW, primarily of electronic equipment stolen from cars. There were also two incidents of vandalism to our pools at the Clubhouse and Sweetbriar. No charges have been filed in either case, although they have identified several persons of interest.
He announced that his department will offer another Citizen’s Police Academy program starting on September 20. All those interested should contact the Sheriff’s office.
9. Report from USSA Security: Security Chief Kelly Clark reported that in July they responded to 174 calls, including: 14 vandalisms 10 animal complaints, 10 noise complaints, 7 fireworks complaints, 14 alarms, 4 motor vehicle accidents, 2 domestic disputes, 2 DUI’s and 6 trespassing incidents. They performed 12 house checks (welfare), issued 22 traffic summonses and 20 lake summonses, performed 36 boat test checks and responded to 2 boat accidents.
10. Report from LOW Volunteer Fire & Rescue: Rick Hooper of Fire and Rescue reported that in July Rescue received 110 calls; 72 inside LOW, 35 in Orange County, 2 in Culpeper and 1 in Spotsylvania. Of the total, 71 required transport.
The Fire Department received 25 calls, 11 inside LOW, 12 in Orange County, 1 in Culpeper and one in Spotsylvania. They responded to 4 auto accidents, and two water rescues (outside LOW).
He announced that they have received a state grant to purchase an additional ambulance.
11. Report from Orange County School Board: School Board Representative Jim Hopkins announced that the School Board took possession of the new middle school on August 1. The new school will open on September 6 for students. Parents and the public will have an opportunity to tour the school on August 9 and 10 from 8:30-12 noon and 12:30-4:00 p.m. when tours will be offered every half hour.
On August 16, the Civic Club will hold their monthly meeting at the new middle school, and Superintendent of Schools Dr. Gramercy will be the speaker that night.
12. Reports of Officers:
President Flynn reported that there was a security breach of our computer system about July 22 that was not diagnosed until early August. Residents who used their credit cards to make purchases at LOWA during that time period are advised to review their credit card statements closely for any irregular charges and report any they find to their credit card company and LOWA Administration.
He reminded members of the Candidates Forum to be held Sunday, August 7 in the Community Center at 4:00 p.m.
Motion by Darby, passed unanimously, to suspend the driving privileges within LOW of Kendal Wise for 60 days.
Motion by Darby, passed unanimously, to approve the Committee changes listed in the document dated August 6, 2011 as follows: (D-11-61)
Name Status Committee
Molly Alcott Resign Legal & Compliance
Betsy Wilson Voting (from Alt) Legal & Compliance
Jack Spadero Alternate Legal & Compliance
Paul George Advisor Legal & Compliance
Pat Licata Alternate Communications
Pat Licata Alternate External Affairs
Roger Anderson Voting Equestrian
Nancy Arnold Voting (from Alt) Tennis
Ken Kaltenmark Voting Tennis
Ann Wood Voting Elections
The Treasurer had no report.
The Secretary had no report.
13. Report of General Manager: Co-General Manager Elton Rupe had no report.
14. Committee Reports:
Equestrian Committee Chair Georgine Winslett reported that a record number (83) of children attended Pony Camp this year. They will consider adding one more week of camp next summer if demand remains high. They will be offering riding lessons after school in the fall. Future events include a Hunter Horse Show on August 7, a Jumper Show on August 13, and Open House on September 3 from 9 to 11am.
She said the Equestrian Committee could use more members, and that equine experience or know-how was not a requirement for anyone who is interested.
Des Flanagan, Chair of Safety and Security, explained that due to increased risk to both cars and people, the Committee supports the proposed new rule that members not leave their cars parked or standing within 50 feet of an intersection in LOW.
The current Security contract will expire in April, 2012, and the Committee will be reviewing and updating the scope of work in preparation for issuing an RFP that will be ready at least 6 months prior to the current expiration date. He also discussed the issues of trespassing, controlling distribution and sales of the LOW Directory outside LOW, and potential security issues and unintended consequences that might arise from the proposed posting of historical interpretive signs within LOW.
Roxanne Kessler of the Rules Committee, encouraged members to become familiar with the Bylaws and Regulations; an updated version can be found on the LOWA website at www.lowa.org. This is a very active committee and members are always needed. She reviewed the many regulation changes the Committee has addressed this year.
15. Member Comments on Business Agenda: Eight members spoke in favor of installing historical interpretive signs on LOW property, and two spoke against it. One member had concerns about protecting personal property from trespass as a possible unintended consequence of installing historical signage, and a member of the Civil War at LOW Study Group addressed several concerns of members.
16. UNFINISHED BUSINESS
16.1 Discussion Regarding the Wal-Mart Special Use Conditions. (D-11-62)
Motion by McKee that the Board approve the list of items prepared for Supervisor Lee Frame concerning “Special Use Conditions” that Orange County might consider requesting for the Walmart Special Use Permit.
After discussion with Supervisor Frame, it was apparent that there was agreement between Supervisor Frame and the Board on what the request items should be.
Motion by McKee, passed unanimously, to vacate the motion.
17. NEW BUSINESS
17.1 Consideration of Historical Signs on LOWA Property. (D-11-63)
Motion by McKee, passed unanimously, that the Board approve installation of interpretive historical signs designed by the Civil War at LOW Study Group on Association property at Spotswood Park, the Maintenance/Woods Center parking lot area, and Cornwallis Beach.
Motion by McKee, that the Board direct the LOWA facilities organization to purchase, erect and maintain Civil War interpretive signs designed by the Civil War at LOW Study Group at Spotswood Park, Maintenance/Woods Center parking lot area, and Cornwallis Beach. The purchase and erection would not be performed until LOWA receives a payment of $2400 to cover the cost.
Motion by Meier to amend the motion by deleting the last sentence. Vote: Yea: Meier and Rowland. Nay: Kelly, McKee, Darby and Shope. Motion failed.
Motion by Kelly that the Board rejects the request of the LOW Civil War Study Group to pay for the costs of designing, procuring and installing the three (3) interpretive historical signs. The funding of such a project shall be the sole responsibility of the Study Group. Motion failed for lack of a second.
Vote on the original motion: Yea: Rowland, Meier and McKee. Nay: Shope, Kelly and Darby. President Flynn voted “Nay” to break the tie. Motion failed.
17.2 Consideration of Request to Enter Lots for Maintenance. (D-11-64)
Motion by Shope, passed unanimously, that Section 9, Lot 199, be entered and the lot be mowed, and that the respective property be billed for the cost related to such work in accordance with paragraph 14 of the Restrictive Covenants.
Motion by Shope, passed unanimously, that Section 10, Lot 53, be entered and the lot mowed, and that the respective property be billed for the cost related to such work in accordance with Paragraph 14 of the Restrictive Covenants.
Motion by Shope, passed unanimously, that Section 14, Lot 115 be entered, the lot mowed, and that the respective property be billed for the cost related to such work in accordance with Paragraph 14 of the Restrictive Covenants.
Motion by Shope, passed unanimously, that Section 9, Lot 32 be entered, the lot mowed and that the respective property be billed for the cost related to such work in accordance with Paragraph 14 of the Restrictive Covenants.
17.3 Consideration of Association Support for the Neighborhood Watch Program. (D-11-65)
Motion by Darby, passed unanimously, that the Board approve the Resolution regarding the Neighborhood Watch Program as follows:
“That the Board direct the General Manager to work with the Neighborhood Watch Coordinator on a continuing basis to assist in the success of this community program, including some financial support in the draft annual budget. Further, that the President of the Association appoint a Board liaison to assist with issues regarding the Neighborhood Watch Program.”
17.4 Consideration of Fitness Center Rules. (D-11-66)
Motion by Rowland, passed unanimously, that the Board direct the Rules Committee to prepare a resolution to amend the regulations to add Fitness Center Rules.
17.5 Consideration of Adding an ADA Expenditure for the Clubhouse (Handicap Door System to the Clubhouse Entrance). (D-11-67)
Motion by Darby, passed unanimously, that the Board approve the expenditure for a new ADA-approved handicap door system for the entrance to the Clubhouse, to be funded from the Replacement Reserve.
18. Scheduled Meetings:
Regular Board Meeting: Wednesday, August 17, 2011 at 2pm in the Community Center
Annual Meeting of the Membership: Monday, September 5, 2011 at 10am in the Community Center.
19. Members General Comments: One member asked the Board to put on their agenda for discussion an improved system for notifying residents of sudden health threats, like the recent algal bloom at the small lake; another asked for information on the nature of the construction taking place at Lakeview Parkway and Flat Run.
20. Adjournment: There being no further business, President Flynn adjourned the meeting at 12:42 p.m.
Dave McKee, LOWA Secretary
Present Others
Jeff Flynn, President Elton Rupe, Asst. GM of Facilities
Margaret Darby, Vice President Rob Martin, Asst. GM of Operations
Olive Kelly, Treasurer Linda Hiross, Recorder
Dave McKee, Secretary
Pat Rowland
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. Pledge of Allegiance
3. Approval of Agenda: Motion by Rowland to approve the Agenda.
Motion by Kelly, passed unanimously, to amend the Agenda to postpone Item 9.2: Audit Report, to the Board meeting on September 21, 2011.
Motion by Kelly, passed unanimously, to amend the Agenda to move Item 9.3: Presentation by the Planning Committee on the Master Plan Review, to Item 13.4 in the Workshop session.
Motion by McKee, passed unanimously, to amend the Agenda to add after Item 4 “Consideration of approving a contract for a new General Manager.”
Vote on the motion to approve the Agenda as amended passed unanimously.
4. Approval of Minutes of August 6, 2011. Motion by McKee, passed unanimously, to approve the minutes of August 6, 2011.
5. Reports of Officers:
Secretary McKee reported that the Board met in Executive Session on August 8, 2011 from 6:00 to 7:05 p.m., and again on August 11, 2011 from 9:00 –10:40 a.m. and 1:30 to 3:20 p.m. to discuss personnel and contractual matters.
Motion by McKee, that the Board of Directors approve the contract with a new General Manager. This vote confirms the decision made in Executive Session.
Director Rowland stated that “Before we vote, I would like to state that I will vote “present”. My vote has nothing to do with the candidate, who I have never met. In fact, that is one of the problems; I was not allowed to interview him. When I was informed that I would not be allowed to participate in the selection process, I informed Director Shope that I would vote “no” on any candidate selected in the interviews in which I was not allowed to participate. However, I will respect the selection of the other Board members and withdraw my “no” vote and instead vote “present.”
Vote: Yea: Darby, McKee, Kelly, Shope and Meier. Rowland voted “present.” Motion passed 5 to 1.
President Flynn reported that Philip Rodenberg has been hired as the new General Manager of LOWA. Employment will commence on September 3, 2011.
President Flynn announced he is dismissing the Ad Hoc Search Committee that helped identify appropriate candidates for General Manager, and the Ad Hoc Committee on Lake Safety, since they have met their goals. He thanked the members of these committees for their diligence.
Director Rowland requested that the Ad Hoc Lake Safety Committee not be dismissed until October 15 when a complete report will be submitted to the Board, and President Flynn agreed to the extension.
Motion by Darby, passed unanimously, to approve the Committee changes listed in the document dated August 17, 2011, to become effective September 1, 2011: (D-11-68)
Name Status Committee
Al Sanborn TOS* Communications
Bruce Bixby TOS Communications
Jim Monical Voting Communications
Pat Licata Voting Communications
Betty Beck TOS External Affairs
Don Walters Voting External Affairs
Henry Boggs Wright TOS Finance
Harry Walsh TOS Finance
Joe Quimper Resign Finance
Doug Chidlow Voting Finance
Brenda Conway Voting Finance
William Logan Alternate Finance
(from Advisor)
Peter Rainey Alternate Finance
Michael Hill Alternate Golf
Jim Murphy Alternate Golf
Clifton Wilks Resign Legal & Compliance
Paul George Alternate Legal & Compliance
(from Advisor)
Fred Marshall TOS Maintenance & Ecology
Doug Crain TOS Maintenance & Ecology
Doug Weiford TOS Maintenance & Ecology
Donald Cope Voting Maintenance & Ecology
John Undari Voting Maintenance & Ecology
John Trach Voting Maintenance & Ecology
Michael Hill TOS Planning
Suzanne Merna TOS Planning
Darrow Strain TOS Planning
Winston Sides Voting Planning
Doug Rogers Voting Planning
Dan McFarland Voting Planning
Peggy Dowd TOS Pools
Clifton Wilks Resign Rules
Ginny Thoms TOS Safety & Security
Pierre Payette TOS Safety & Security
Albert Mayott Resign Safety & Security
Desmond Flanigan Resign Safety & Security
Nora Simpson Voting Safety & Security
John Bell Voting Safety & Security
William Halpin Voting Safety & Security
Ray Godfrey TOS Tennis
Elizabeth Wiley Voting Tennis
*TOS = Term of Service
Motion by Darby, passed unanimously, to extend the terms of Mike Rugless and John Walker on the Environmental Control Committee for one year.
Motion by Darby, passed unanimously, to extend the terms of Georgine Winslett and Sandra Frame on the Equestrian Committee for one year.
6. Committee Reports: There were no reports.
7. Member Comments on Business Agenda: One member felt that hiring a General Manager with town management experience was a plus for the community. Another member spoke in favor of car parking/standing restrictions at intersections and along roadways as proposed by the Safety & Security Committee.
8. UNFINISHED BUSINESS
8.1 Consideration of Amending Regulation VI: Use of Roads. (Second Reading) (D-11-69)
Motion by McKee that the Board adopt Policy Resolution #2011-11, which amends Regulation VI: Use of Roads. Vote: Yea: McKee, Kelly, Shope and Rowland. Nay: Darby and Meier. Motion passed 4 to 2.
8.2 Consideration of Amending Regulation X.E.12.f: Use of Lakes, Watercraft Operations. (Second Reading) (D-11-70)
Motion by Rowland, passed unanimously, that the Board adopt Policy Resolution #2011-12, which amends Regulation XE.12.f: Use of Lakes, Watercraft Operations.
9. NEW BUSINESS
9.1 Consideration of Amending Regulation V: Use of Individually-owned Property. (D-11-71)
Following discussion and two suggested changes, motion by Darby, passed unanimously, that the Board direct the Rules Committee to prepare a resolution regarding amendments to Regulations V: Use of Individually-owned Property.
9.2 Report on LOWA Financial Audit. (This item was postponed to the September 21, 2011 Board meeting.)
9.3 Presentation by the Planning Committee on the Master Plan review. (This item was moved to the Workshop section as Item 13.4.)
10. Scheduled Meetings:
Annual Meeting of the Membership: Monday, September 5, 2011 at 10:00 a.m. in the Community Center.
Annual Meeting of the Board: Wednesday, September 7, 2011 at 10:00 a.m. in the Community Center
11. Members’ General Comments: There were no comments.
12. Adjournment: There being no further business, the meeting was adjourned at 2:35 p.m.
13. WORKSHOP
13.1 Light Boat Rack Rules.
Lakes Committee Chair Julie Wilson reviewed highlights of the Committee’s findings contained in their memo to the Board dated July 6, 2011, which focused on the use of, and fees associated with, light boat racks. Major areas of concern were empty racks and missing boat and/or rack stickers. The Committee has proposed new rack use rules for consideration of adoption by the Board. The Board plans to put these recommendations on the agenda at the next regular Board meeting to forward them to the Rules Committee for their review and comments.
13.2 Monthly Assessment Payments.
Harry Walsh of the Finance Committee presented the Board with a study report dated August 17, 2011, prepared by the Finance Committee on the feasibility of offering quarterly and monthly assessment payment options to LOWA members. Topics discussed included the economic impact of such a plan on members and Association finances, an
expense-to-revenue chart, cash flow considerations, the possibility of outsourcing assessment collection to a local bank using a Request for Proposal (RFP) approach, and management fees associated with outsourcing.
President Flynn thought that this proposal could be incorporated into budget discussions in the fall, but that RFP bids would be helpful for analysis at that time.
13.3 Safety and Security Committee: Temporary Traffic Control Measures.
The Board reviewed the recommendations made by the Safety and Security Committee in their memo and attached discussion paper dated July 13, 2011 which requests the Board review and update LOWA regulations regarding the use of roads. Board member comments included perhaps discussing the proposals at a Retreat, that additional rules may not be practical, and that enforcement could be an issue.
It was decided that the document should be sent back to Safety & Security to formulate some draft rules due to the complexity of the material before it is reviewed by the Board and forwarded to the Rules Committee.
13.4 Presentation by the Planning Committee on the Master Plan Review.
Tom Sheridan of the Planning Committee provided some background and overview of the responsibilities and objectives of the Planning Committee’s work and the LOWA Master Plan. The current Master Plan is a comprehensive update, not done since 2006.
Mike Hill, Chair of Planning, reviewed the Five-year Capital Plan and explained how projects were ranked according to “best use” of funds rather than the cost of each project. A copy of the Draft Master Plan will be posted on the LOWA website for comments, and will then go to the Board in October for their review.
An article will be placed in Lake Currents announcing a Town Hall meeting on the subject.
The Workshop was adjourned at 3:45 p.m.
Dave McKee, LOWA Secretary
Call to Order
With all Board members present, the Forty-first Annual Membership Meeting was called to order at 10:02 a.m. by President Jeff Flynn in the Community Center.
Opening Remarks and Introduction: President Flynn asked all the former LOWA Presidents present at the meeting to stand up and be recognized, and thanked them for their service to the Association. He then recognized those who are serving as Committee Chairs and members and praised them for their hard work this past year. President Flynn also introduced the Board members and administrative staff, noting his appreciation for their contributions this year as well. He introduced our new general manager, Mr. Phil Rodenberg.
President Flynn reminded members that Director elections will close today.
He said today’s meeting would include an Open Forum at the end, and he will respond to questions submitted in writing on cards available in the back of the room.
He announced that the new Board will meet this Wednesday, September 7 at 10:00 a.m. in the Community Center to reorganize, and that the next regular Board meeting would be September 21, 2011 at 2:00 p.m. in the Community Center.
Reports of Officers:
Vice President Darby also thanked the Committees for their hard work, and thanked outgoing President Jeff Flynn for his service and leadership, presenting him with a gift on behalf of the Board.
Treasurer Olive Kelly reviewed administrative changes accomplished this year, including establishing a Capital Reserve Policy and an Investment Policy, improving readability of financial reports, outsourcing payroll and improving the budget process to keep assessments and costs down. An audited report for Fiscal 2010/11 will be presented at the Board workshop on September 21. LOWA’s current fiscal budget is on track, and the Association has been debt-free since fiscal 2009. Currently we have cash and investments totaling $5.5M, with about $2.8M set aside in capital reserves, and about $2.7M earmarked for operating expenses.
Secretary Dave McKee reminded members to vote before leaving. A ballot box and extra ballots were made available near the exit area for those who still need them.
Director Shope thanked Andy Harteveld, Nancy King and Dave Francis for working with him this summer on the Ad Hoc GM Search Committee.
President Flynn reviewed several key accomplishments of the Board this year, including the updating of Committee charters, the creation of investment and reserve policies, the revision of mission and vision statements and lake rules, establishment of the Lake Safety Course, expansion and improvements to the fitness center, the updating of policies and procedures, and regulation changes, among others. He thanked the Board, Finance Director Larry Cole, and Treasurer Olive Kelly for keeping LOWA financially sound and debt free.
Mr. Flynn then presented a check to Fire and Rescue Captain Bud Moody on behalf of the Association.
Honor Awards Committee Presentation:
Chair Larry Eiben introduced the members of the Honor and Awards Committee and thanked them for working with him this year. Awards were presented to selected LOWA members in recognition of their outstanding service to the community as follows:
Certificate of Appreciation: Costa Apostolakis, Mike Rugless, Dave Blackistone, James Buongiovanni, Ruth Hood, Frank Jacobeen, Bruce Kay, Margaret Thode, John Trach and Loretta Yurkus.
Outstanding Youth Award: Danielle Amoruso, Joshua Andrew and Alexa Mason.
Outstanding Service Award: Steve Cakouros, Diana Duffy, Richard and Carolyn Durphy, and Nancy Horch.
Distinguished Service Award: Daniel Greene and Karen O’Donnell
Warren J. Lodge Award for Excellence: Glennah Moy
Director Service Awards: President Jeff Flynn and Vice President Margaret Darby
Open Forum (Member Questions): President Flynn responded to questions from members on several topics, including: lake vegetation levels, the cost of earthquake damage repairs, additional mooring space, algae and oxygen levels at Keaton’s lake, the status of fiscal year 2010/11 financial reports, and the low water level in the main lake following the hurricane.
Adjournment: The meeting was adjourned at 11:12 a.m.
David McKee, LOWA Secretary
Present Others
Jeff Flynn, President Phil Rodenberg, General Manager
Dave McKee, Secretary Linda Hiross, Recorder
Olive, Kelly, Treasurer
Ernie Meier
Pat Rowland
Bob Shope
1. Call to Order
With a quorum present, President Flynn called the meeting to order at 10:00 a.m. in the Community Center. He confirmed the presence of Director-elect Jon Anderson via teleconference for the duration of the meeting.
2. Approval of Agenda: Motion by McKee, passed unanimously, to approve the Agenda.
3. Certification of Election Results:
Secretary McKee 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-11-67)
Total ballots received: 1582
Total valid ballots cast: 1534
Total invalid ballots cast: 48
Number of votes cast for each candidate: Jon Anderson 1051; Jim Walsh 874; Jack Walker 712; Charles Kilby 231.5.
Mr. Anderson and Mr. Walsh 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 Flynn then invited the new Board members to be seated.
5. Election of Officers
Election of President: President Flynn asked for nominations for President of the Board
Director McKee nominated Olive Kelly for President.
Director Meier nominated Pat Rowland for President.
There being no other nominations, Pat Rowland was elected President of the Board by a vote of 4 to 3.
Mr. Flynn then handed the gavel over to President Rowland for the remainder of the meeting.
Election of Vice President: President Rowland asked for nominations for the office of Vice President.
Director Shope nominated Dave McKee for Vice President.
Director Walsh nominated Ernie Meier for Vice President.
There being no further nominations, Dave McKee was elected Vice President by a vote of 4 to 3.
Election of Treasurer: President Rowland asked for nominations for Treasurer.
Director Shope nominated Olive Kelly for Treasurer.
There being no further nominations, Olive Kelly was elected to the office of Treasurer.
Election of Secretary: President Rowland then asked for nominations for Secretary.
Director Shope nominated Jon Anderson for the office of Secretary.
There being no further nominations, Jon Anderson was unanimously elected Secretary.
6. Appointments of Committee Liaisons:
President Rowland announced that in order to facilitate a smooth transition, selection of Committee liaisons is being postponed at this time. He asked current Board members to continue with their assignments in the interim, and requested Committees elect new officers in preparation for the year ahead, as appropriate.
The Board meeting and workshop scheduled for September 21, 2011 has been cancelled. Instead, the Board will meet in a Retreat on September 28, 2011. The Retreat will be open to members, but will not include member participation. Presentation of the LOWA FY 2010/11 audit results is being deferred to the October 1, 2011 Board meeting.
Director Anderson thanked the community for all their support, and is looking forward to working with the Board and LOWA members this year.
7. Scheduled Meetings:
Board Retreat: Wednesday, September 28, 2011 at 9:00 a.m. in the Clubhouse.
Board Meeting: Saturday, October 1, 2011 at 10:00 a.m. in the Community Center.
8. Adjournment: President Rowland adjourned the meeting at 10:13 a.m.
Dave McKee, LOWA Secretary
Present Others
Pat Rowland, President Phil Rodenberg, General Manager
Dave McKee, Vice President Linda Hiross, Recorder (from 10:00 a.m.)
Olive Kelly, Treasurer
Jon Anderson, Secretary
Ernie Meier
Bob Shope
Jim Walsh
1. Call to Order With a quorum present, President Rowland called the meeting to order at 9:00 a.m. in the Community Center.
2. Executive Session: Motion by Meier, passed unanimously, to enter into Executive Session at 9:01 a.m. 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 Shope, 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 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 Walsh, passed unanimously, to approve the Agenda.
6. Approval of minutes of August 17, 2011, September 5, 2011 and September 7, 2011.
Motion by Anderson, passed unanimously, to approve the minutes of August 17, 2011.
Motion by Anderson, passed unanimously, to approve the minutes of September 5, 2011.
Motion by Anderson, passed unanimously, to approve the minutes of September 7, 2011.
7. Report of Orange County District 5 Supervisor: Supervisor Lee Frame reported that the LOW trash compactor site will be open again on Sundays starting October 9. The Board of Supervisors passed a resolution to approve funds for the Central Virginia Regional Jail, and approved another resolution for a speed study on Route 601 to be done by VDOT. They have not set a date yet for a public hearing on rescinding the big box ordinance. The Board voted to extend the RSA Charter to year 2061, along with two other counties that have already voted for this 50-year extension.
Sheltering Arms is out of funds and in debt and it appears likely it will close soon. The Board donated $22k to keep them running for another month. Those in need of services will be offered a variety of options offered by other resources in the community.
8. Report from Orange County Sheriff: Chief Deputy Tim Murphy reported that for the month of September there were 2029 calls for service in the county, 19 transports, 916 civil papers served, 49 warrants and 90 summonses issued. In LOW, there were 60 calls for service, 68 civil papers served, and 12 traffic summonses issued on Route 3.
He reported that in August there was a break-in at the new middle school which was vandalized and property stolen. Three juveniles have been identified in this case. At LOW, there have been a number of larcenies from cars. Four juveniles have been identified in these cases, with some equipment and property already recovered.
9. Report from USSA Security: Security Chief Kelly Clark reported that in September they responded to166 calls, performed 21 assists to other agencies, issued 73 traffic summonses and made 3 arrests. There were also 10 animal complaints, 14 alarms, 6 auto accidents, 2 assaults, 2 vandalism incidents and 6 reports of property damage.
10. Report from LOW Volunteer Fire & Rescue: No report available.
11. Report from Orange County School Board: School Board Representative Jim Hopkins announced that there will be a ribbon-cutting ceremony at the new middle school at 6:00 p.m. on October 4. The School Board will also have their regular meeting there on that date, and they will be recognizing students who have achieved a perfect score on the Virginia SOL tests. All eligible Orange County schools have received full accreditation for the past 4 years. A report from the Joint Legislation Audit Commission ranks Orange County third graders as 11th in reading achievement in the state.
12. Reports of Officers:
President’s Report:
President Rowland said the Board has discussed creating a third entrance/exit gate for LOW with VDOT, and a Rte 3 site at the base of the main dam is being considered, pending several studies before approval.
He said the Planning Committee hearing last week was well attended, which indicates a strong interest in community involvement in the decision-making process.
Regular Board meetings will continue to be the first Saturday of the month at the Community Center, but in an effort to increase input from members, the mid-month gathering will revert to a workshop-only format, and be held in the lower level of the Clubhouse.
Due to the interest of several current Board members, Mr. Rowland has asked the General Manager to contact possible vendors for designs and estimates on erecting message signboards at the front and back gates. This may be discussed at the October 19 workshop if enough information is available. A new design for the LOW front entrance sign is also being sought, and this will be published in Lake Currents to solicit member comments.
The annual audit report has been rescheduled for the November 5 Board meeting.
Report of the Vice President:
Motion by McKee, passed unanimously, to approve the Committee changes listed in the document dated October 1, 2011 as follows: (D-11-68)
Name Status Committee
Harry Walsh Alternate Lakes
Jennifer Gatto Resign Honors and Awards
Jennifer Gatto Resign Pools
Ted Wessel Advisor Rules
Connie Buttimer Resign External Affairs
Doug Rogers Resign External Affairs
Pat Licata Voting External Affairs
Boggs Wright Advisor Clubhouse
James Walsh Elected to Board Finance
Boggs Wright Advisor Finance
William Logan Voting Finance
Jeff Flynn Alternate Finance
Jon Anderson Elected to Board Fitness
Diane Weller Voting Fitness
Jon Anderson Elected to Board Communications
James Walsh Elected to Board Golf
James Hutchison Voting Safety & Security
Jeff Flynn Alternate M & E
Doug Crain Advisor M & E
Fred Marshall Advisor M & E
John Undari Voting ECC
Donalda Lovelace Voting ECC
Joan Harteveld Term of Service ECC
Jim Buongiovanni Resign ECC
Phyllis Sarasin Voting Comm. & Youth Activ.
Phyllis Sarasin Alternate Equestrian
Treasurer’s Report:
Due to a number of inquiries, Treasurer Kelly provided a summary of accounts receivable to date. As of August 1, receivables totaled $938k, $531k of which is attributed to semi-annual payments due and the remaining $401k representing collection issues. Ninety-nine lot owners are past due on assessment payments, totaling $163k. Fourteen lot owners are in bankruptcy or foreclosure, and 63 are on special payment plans. Although there is still a high level of delinquency, they have been reduced by $169k since August 1, 2010.
Secretary’s Report: The Secretary had no report.
Motion by Walsh, passed unanimously, to bar Levar Ernest Holt, James MacFarland and Jocelyn Maynard from entry into LOW until their fines are paid in full.
Motion by Walsh, passed unanimously, to deactivate the barcodes of William James, Juvenile A, and Gary Val Kemp for a period of 90 days.
Motion by Walsh, passed unanimously, to suspend the driving privileges of Lawrence Fallon within LOW for a period of 90 days.
Motion by Walsh, passed unanimously, to suspend the driving privileges of Juvenile B within LOW for a period of 180 days.
13. Report of General Manager: GM Phil Rodenberg provided a written report to the Board. Briefly, he highlighted the After-action Report prepared by AGM Elton Rupe following the earthquake/storm/hurricane week of August 22-28.
Emergency dam inspection protocols were activated following the earthquake of August 23, and there were no adverse findings or threats to the integrity of the dams. Continued monitoring thru the hurricane of August 27-28 likewise identified no problems. The Woods Center sustained significant water damage from a broken pipe in the ceiling, but repairs to that are now complete and Fareways has been reopened.
The storm of August 25 resulted in the loss of 130 trees throughout LOW, 50 of them on the golf course. The 9.9 area has become inundated with tree debris and grinding this up should be a priority to make room for fall clean-up waste.
He also mentioned the Boat Patrol Summary, which recorded 710 hours of boat patrol performed, 139 safety inspections, 51 warnings given, and 67 summonses issued for the period May 14 thru September 5, 2011.
14. Committee Reports: There were no committee reports.
15. Member Comments on Business Agenda: Two members suggested changes the Board might consider making to the Budget Guidelines before adoption; six members, including two bus drivers, gave opinions on where school buses should be parked when not in use.
16. UNFINISHED BUSINESS
16.1 Consideration of Publishing the Proposed Fitness Center Rules. (D-11-69)
Motion by Anderson, passed unanimously, that the Board accept the resolution prepared by the Rules Committee to add Regulation XIII: Use of the Fitness Center, and authorize its publication in the October 7, 2011 edition of the Lake Currents, with a request for written comments from the members of the Association by October 21, 2011.
Motion by McKee, passed unanimously, to modify Item 5.
Motion by McKee, passed unanimously, to modify Item 6.
Vote on the original motion as amended passed unanimously.
17. NEW BUSINESS
17.1 Consideration of LOWA Employee Health Insurance Recommendations. (D-11-70)
Mr. Phil Howard of BB&T Insurances, an insurance consultant to LOWA, gave a short overview of LOWA’s premium/loss ratio for last year, noting that based on that premiums this year will run 18% higher through Anthem BC/BS. Dental premiums through MetLife will remain unchanged.
Motion by Kelly, passed unanimously, to approve the Health Insurance Proposal.
17.2 Consideration of Approving the Schedule of Board of Directors Meetings for the 2011-12 Term. (D-11-71)
Motion by McKee, passed unanimously, to approve the Schedule of Meetings for the 2011-2012 term.
17.3 Consideration of Endorsing the 2012 Budget Guidelines. (D-11-72)
Motion by Kelly that the Board accept the 2012 Budget Guidelines as approved by the Finance Committee on September 14, 2011.
Motion by Kelly, passed unanimously, that the Board amend the 2012 Budget Guidelines, striking Item 1 and inserting: “The General Manager should recommend employee merit and cost-of-living adjustment increases in the draft budget.”
Motion by Kelly, passed unanimously, to amend Item 7 by striking the second sentence and inserting “The new capital projects should be submitted to the Board with copies going to the general manager and the Finance Committee.”
Vote on the original motion as amended passed unanimously.
17.4 Consideration of Allowing Orange County School Buses to Park on Association Property. (D-11-73)
Motion by Meier, that the Board approve the Orange County School Board member’s request to continue to allow school buses to park on Association property.
Motion by Walsh to request the GM scout out bus parking locations and report his findings to the Board for discussion at the October 19 workshop. Vote: Yea: Anderson, Meier, McKee and Walsh. Nay: Kelly and Shope. Motion passed 4 to 2.
Vote on the original motion as amended: Yea: Anderson, Meier, McKee and Walsh. Nay: Kelly and Shope. Motion passed 4 to 2.
17.5 Consideration of Sending to the Rules Committee Proposed Light Boat Rack Rules. (D-11-74)
Motion by Meier that the Board direct the Rules Committee to prepare a resolution to amend Regulation X: Use of Lakes.
Motion by Anderson, passed unanimously, to delete Item L.2.4.
Motion by Anderson, passed unanimously, to amend Item L.2.5 by adding “or refunded” at the end.
Motion by Anderson, to delete Item L.2.6. Vote: Yea: Anderson, Kelly, Walsh, Meier and Shope. Nay: McKee. Motion passed 5 to 1.
Vote on the original motion as amended passed unanimously.
18. Scheduled Meetings:
Board Workshop: Wednesday, October 19, 2011 at 2pm in the lower level of the Clubhouse.
Regular Board Meeting: Saturday, November 5, 2011 in the Community Center.
Executive Session: 8am; Open Session 10am.
President Rowland reminded members of the meeting to discuss Keaton’s Lake at 1:00 today at the Community Center.
19. Members’ General Comments: Member comments included: 1) if senior citizens might be able to get help from maintenance with tree and debris removal; 2) what percentage of assessment delinquencies can be attributed to double-assessed rentals; 3) what locations inside LOW might be acceptable to park school buses; 4) discussing with VDOT the need for additional deceleration lanes to LOW entrances; and 5) and an opinion that the delay in release of last year’s financial audit should not have been attributed to the auditing firm doing the work.
20. Adjournment: On motion by Shope, the meeting was adjourned at 11:48 a.m.
Jon Anderson, LOWA Secretary
Present Others
Pat Rowland, President Phil Rodenberg, General Manager
Dave McKee, Vice President Linda Hiross, Recorder
Olive Kelly, Treasurer
Jon Anderson, Secretary
Ernie Meier
Bob Shope
Jim Walsh
1. Call to Order With a quorum present, President Rowland called the workshop to order at 2:00 p.m. in the Clubhouse.
2. Presentation of Fareways Marketing Plan.
In the absence of AGM Rob Martin, General Manager Phil Rodenberg presented the proposed marketing plan for Fareways. He reviewed short and long-term marketing goals, products and services, strengths and weaknesses of our current facility, customer profiles, a competitive analysis, and projected revenues targeting a 5% increase each of the next 3 years. A strategic action plan was included in the proposal. Fareways is currently receiving a $43,569 operating subsidy.
AGM Rob Martin has proposed leading an Ad Hoc Committee of golfers, non-golfers, management and other interested members to discuss rebranding and set a new direction for Fareways. The group will meet starting October 25, with a final report available by November 30, 2011.
One Board member recommended a sales/expense sheet (financial business plan) for further evaluation by the Board. Numerous other recommendations were offered by board members and attendees.
The Ad Hoc committee work plan was accepted by the Board.
3. Keatons Lake Status Report.
AGM of Facilities Elton Rupe provided an update on progress on the lakes restoration and management plan since October 1. Keatons Lake needs restoration, and both lakes need a long-term management plan. Key staff met with the Williamsburg Environmental Group today to identify the scope of service needed, including a timeline and costs for the study. Nutrient samples taken from the lake prior to October 1 did not show harmful levels of contamination.
LOWA has contracted with Bowman Construction to perform basic maintenance and repairs to Keatons dam spillway, which should be completed by the end of October.
President Rowland announced that the Board received a petition from the residents of Section 13 asking the Board to appoint a Keatons Lake Committee. He said that he would entertain a motion on the petition at the November 5, 2011 Board meeting.
4. Projects Update.
AGM of Facilities Elton Rupe gave an update on several projects scheduled this fall. Veterans dam is scheduled for its annual inspection and maintenance. The tennis court resurfacing has already been completed.
Robert G. Bledsoe Building Co. has been selected as the contractor for a new ADA Clubhouse door and wheelchair ramp railing. Proposals and specs have been sent to the Clubhouse Committee for review and comment.
Entry Guard Systems has been hired to replace barrier gates, barcode readers and the software systems at the front and back gates starting in December.
The LOWA Maintenance Department will be installing three new Civil War signs at selected sites inside LOW. Target date for completion is November 1.
Recent recording of the property deed transfer between LOW Volunteer Fire and Rescue, Inc and LOWA will now allow demolition of the 4-bay garage next to the Holcomb Building to proceed.
The General Manager’s office is following through on developing an RFP for a new Security Contract.
Campground renovations are underway to design and develop a reduced camping area at the existing campgrounds. Work will continue to be done by the LOWA Maintenance Department.
5. Front Entrance Sign and Message Board
Due to the number of e-mail requests from members for a new design for the front entrance sign, President Rowland recommended creating an Ad Hoc Committee by November 5 to research options and designs, complete a concept, create a new plan and report back to the Board. Completion of this project may not be until next spring.
On the subject of replacing the message boards, President Rowland said he would entertain a motion at the November 5 Board meeting to resurrect this project with input from the General Manager. Initial ballpark cost estimates range from $2k-$30k per sign, so considerable research remains to be done. Preliminary research on types and sizes is already underway.
6. Boat Rack Fees, Small Marina Security and Security Audit.
The Board discussed the recommendations of the Lakes Committee to increase boat rack fees and rewrite the regulations governing their use. A regulations rewrite has already been approved, but management did not recommend increasing fees at this time. Lakes Committee Chair Julie Wilson offered additional information in support of the fee structure changes.
Discussion on improving security at the small marina resulted in general agreement to implement a lighting plan, install additional signage warning potential vandals against trespassing, work with Security to improve patrolling in that area, and remind boat owners to employ maximum security measures for their boats at dockage.
The recommendations of the Safety & Security Committee for a security audit pertaining to installation of surveillance (camera) equipment in strategic areas was discussed, versus a comprehensive physical security audit which encompasses all aspects of a complete security program.
7. Boat Safety Report and Revisions to Boat Safety Test.
President Rowland said a summary of the recent 2011 Boat Safety Report (lake patrol statistics) will be published in the Lake Currents.
He reviewed the highlights of the 2011 report of the Ad Hoc Committee on Lake Safety. In all, 2757 people have taken the new Boat Safety test. A high percentage of those who passed were guests of members (41%). The committee reviewed the manuals, testing procedures, questions and website for improvements in the program.
Administration will be working on improving communications between the Lakes Committee and Security.
President Rowland announced that at the November 5, 2011 Board meeting he would entertain a motion to establish a committee to oversee lake safety and the boat operator’s certification and testing program.
8. Use of Swipe Cards at the Fitness Center
The Board discussed a recommendation from the Safety & Security Committee to install a swipe card entry system at the Fitness Center to prevent unauthorized access. One possible system has been reviewed, and another is being investigated. The swipe card system may also be considered for use at the tennis courts.
GM Phil Rodenberg distributed copies of the FY-2012 Budget Schedule to Board members and the audience. The process will start on October 21, 2011 with final approval scheduled for February 15, 2012.
9. Scheduled Meetings:
Regular Board Meeting, Saturday, November 5, 2011 at 8am (Executive Session); 10am (Open Session) in the Community Center
Board Workshop, Wednesday, November 16, 2011 at 2:00 p.m. in the lower level of the Clubhouse
10. Adjournment
President Rowland adjourned the workshop at 3:40 p.m, to move into Open Session.
1. Call to Order With a quorum present, President Rowland called the business portion of the meeting to order at 3:42 p.m.
2. Consideration of Request to Enter Lots for Maintenance. (D-11-75)
Motion by Shope, passed unanimously, that Section 1, Lot 195, Section 3 lot 90 and Section 11 Lot 415 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.
3. Consideration of Committee Changes.
Motion by McKee, passed unanimously, to approve the Committee changes listed in the document dated October 19, 2011. (D-11-76)
Name Status Committee
Suzie Takacs Voting Rules
Ted Wesell Resigned Rules
Ted Wessel Resigned Planning
Neil Buttimer Voting Planning
Edward Rowan Voting Safety & Security
Jim Lemieux Resigned Tennis
Julie Wilson Alternate Maintenance & Ecology
Joe Quimper Alternate Maintenance & Ecology
Sally Shope Voting Honor Awards
Joan Harteveld Voting Honor Awards
Joe Quimper Alternate Golf
Joyce Haring Resigned Honor Awards
Bruce Kay Voting Golf
3. Adjournment President Rowland adjourned the meeting at 3:44 p.m.
Jon Anderson, LOWA Secretary
Present Others
Pat Rowland, President Robert Martin, AGM of Operations
Dave McKee, Vice President Linda Hiross, Recorder (from 10:00 a.m.)
Olive Kelly, Treasurer
Jon Anderson, Secretary
Ernie Meier
Bob Shope
Jim Walsh
1. Call to Order With a quorum present, President Rowland called the meeting to order at 9:05 a.m. in the Community Center.
2. Executive Session: Motion by Walsh, passed unanimously, to enter into Executive Session at 9:06 a.m. 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. Motion to exit Executive Session passed unanimously at 9:35 a.m.
3. Open Session: Motion by Shope, passed unanimously, to enter into Open Session at 10:01 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 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 Meier, passed unanimously, to change Item 18.5 to: Consideration of Creating a Board of Examiners to Oversee the LOWA Boat Operators Safety Course and Testing, and approve the agenda.
6. Approval of Minutes of October 1, 2011 and October 19, 2011.
Motion by Anderson to approve the minutes of October 1, 2011. Motion by Kelly, passed unanimously, to modify the last sentence of the Treasurer’s Report. Original motion as amended passed unanimously.
Motion by Anderson, passed unanimously, to approve the minutes of October 19, 2011.
7. Report from Orange County District 5 Supervisor: Supervisor Lee Frame reported that Sheltering Arms is now closed. The Rapidan Regulatory Commission will host a
homeless forum on December 15, and Orange Social Services will meet with the Orange Ministers Association this month to discuss resources for the homeless.
The selected site for Walmart on Rte 3 was approved by the BoS. He mentioned a traffic study still needs to be done.
LOWA Board members were invited to attend the BoS November 16th meeting at the LOW Clubhouse starting at 4:00 p.m., with dinner to follow.
8. Report from Orange County Sheriff: Sheriff Mark Amos reported that in October there were 2480 calls for service, 57 warrants issued, 922 civil papers served, 26 criminal transports and 113 summonses. From LOW there were 75 calls for service, with 89 civil papers served and 21 traffic tickets written on Rte 3.
He said their office ready to charge 4 juveniles in connection with incidents over the summer. There have been a few car break-ins recently involving the theft of drugs, electronics and car parts. His office has been working with Spotsylvania law enforcement to provide extra patrols at school bus sites since reports of attempted child abductions surfaced last month.
9. Report from USSA Security: Chief Kelly Clark reported that in October they responded to 149 calls. There were 62 complaints, including 11 animal complaints, 4 vandalisms, 4 breaking and entering, 1 assault, 4 thefts, 2 auto accidents and 19 assists to other agencies. There were no boat incidents. One hundred fourteen traffic summonses were issued, and 118 vehicles registered. They have received an increasing number of calls regarding the use of rubber pellet guns, and reminded members of the dangers associated with their use.
10. Report from LOW Volunteer Fire & Rescue, Inc: Rick Hooper reported that in October there were 88 calls to the Rescue squad, 52 inside LOW and 31 outside, with 57 transports. The Fire Department responded to 42 calls; 2 were structure fires and 17 were inside LOW.
11. Report from Orange County School Board: Rep Jim Hopkins reported that due to higher-than-expected enrollment, an extra teacher had to be hired this year. He said that Orange County high school had a 90% graduation rate, with a 1.6% dropout rate, which would rank the county 7th in the state overall.
12. Reports of Officers:
President’s Report:
President Rowland asked for two volunteers from the Board to serve on the Committee for the Real Estate Open House planned for next spring.
He encouraged members to contact county supervisors Grover Wilson or Lee Frame if they want to ban thru truck traffic on Rte 601.
Vice President’s Report
Director McKee announced there will be a Fitness Center Open House on November 12, 2011 from 11:00 a.m. to 1:00 at the Fitness Center.
Motion by McKee, passed unanimously, to approve the following Committee changes as noted in the memo dated November 5, 2011: (D-11-77)
Name Status Committee
Laurie Brown Resigned Planning
Nora Simpson Advisor Clubhouse
Treasurer’s Report: Treasurer Kelly reported that at the end of August management wrote off about $2.2M in property and equipment that was fully depreciated more than five years ago. The decision came about after a thorough review of the depreciation schedule this year. The write-off has no material impact on our current cash position since it was an adjustment to accumulated depreciation. The change is reflected in the Members’ Equity section of the Balance Sheet for the period ending August 31.
She also reviewed the September financials and thanked Larry Cole, Director of Finance, and his staff for a job well done during the audit process.
Secretary’s Report: The Secretary had no report.
Motion by Walsh, passed unanimously, to bar Richard Taylor from LOW until his fine is paid in full.
Motion by Walsh, passed unanimously, to deactivate the barcodes of Mark Anthony Nelson for 90 days.
Motion by Walsh, passed unanimously, to deactivate the barcodes of Michael David Miller and family for 270 days (90 days for each offense).
13. Report of General Manager:
AGM Rob Martin reported recent progress on a location for school bus parking, the ADA door installation at the Clubhouse, Civil War signs, demolition of the old Fire & Rescue building, and discussions of the Fareways working group.
13.1 Keatons Lake Update:
Elton Rupe, AGM of Facilities, reviewed progress made since October 1 toward restoration of Keatons Lake. This has included a Town Hall meeting to identify priority goals, a more aggressive leaf removal schedule around the lake, creation of a “constant contact” notification system on progress/problems for residents at the small lake, water quality/nutrient sampling, and meetings with the Williamsburg Environmental Group to discuss a comprehensive study of degradation sources and remedial needs, including an accelerated restoration plan. Several members have expressed interest in leadership training for a water quality stewardship program offered through Friends of the Rappahannock.
14. Committee Reports
14.1 Planning Committee Report – 2012-2016 Proposed New Capital Plan. (D-11-78)
Chair Tom Sheridan gave a comprehensive review and slide presentation of major and minor projects currently in the plan with assigned priorities; he cautioned that projects in the plan are not guaranteed until approved. Further discussion will be on the agenda for the November 16, 2011 Board Workshop. A copy of this report is attached to the official minutes.
14.2 Clubhouse Committee Report: Chair Joan Harteveld reported there is a new menu at the Clubhouse. There will be three seatings for Thanksgiving dinner this year. The Holiday Party is scheduled for December 4 from 1-4 p.m; there will be no dinner service that day. The Clubhouse will be closed January 1-17, 2012.
14.3 Tennis Committee Report.
Chair Ken Kaltenmark reviewed the history of maintenance and repair needs at the tennis courts. Current condition is excellent since resurfacing was done on four courts at considerable cost savings over the original plan of only doing two courts at a time. He said the 5-year plan is working well as long as replacement capital continues to be adequately budgeted to meet maintenance and replacement forecasts.
15. Member Comments on Business Agenda: Members commented on the pros/cons of a Lake Safety Committee, a working group on a new message board, and a Boat Safety Examiner’s committee.
16. No Item
17. UNFINISHED BUSINESS
17.1 Presentation and Consideration of Independent Auditors’ Report on the FY-2010/11 Financial Statements by PBGH Certified Public Accountants, Gerry Goodman, Presenter. (D-11-79)
After reviewing the key components of their written report, LOWA received the auditor’s highest rating. It was determined during the audit process, however, that the depreciation schedules needed to be restructured, which will provide a cost savings in taxes.
Motion by Kelly, passed unanimously, to accept the independent auditor’s report on the financial statements from PBGH, CPA’s.
17.2 Consideration of Publishing Bylaw Article V, Section B: Officers of the Association; and Section C: Employees of the Association. (D-11-80)
Motion by McKee that the Board accept the resolution prepared by the Rules Committee to amend Bylaw Article V, Section B: Officers of the Association; and Article V, Section C: Employees of the Association; and authorize its publication in the November 18, 2011 edition of Lake Currents, with a request for written comments from members of the Association by December 2, 2011.
Motion by McKee, passed unanimously, to amend Article V, Section C by deleting the last two sentences of paragraph 1.a, and inserting: “The General Manager has the authority to incur obligations and accomplish repairs or replacements exceeding $3500 per item that are determined by the General Manager to be an emergency. Supporting documentation shall be submitted in writing to the Board of Directors in a timely manner;” and deleting the first two sentences of paragraph 1.b and inserting: “During any temporary absence, the General Manager shall appoint an Acting General Manager from among the Assistant General Manager(s) and the Director of Finance to assume his duties. Such a condition should be brought to the attention of the Board of Directors promptly or in advance, if possible.”
Original motion as amended passed unanimously.
17.3 Consideration of Publishing Proposed Regulation V: Use of Individually-owned and LOWA-owned Property. (D-11-81)
Motion by Shope that the Board accept the resolution prepared by the Rules Committee to amend Regulation V: Use of Individually-owned and LOWA-owned Property, and authorize its publication in the November 18, 2011 edition of Lake Currents, with a request for written comments from the members of the Association by December 2, 2011.
Motion by Shope, passed unanimously, to amend Regulation V by inserting “E.3.c: Obstruct a vehicle operator’s sight lines to oncoming traffic near intersections.”
Motion by Walsh to delete the last line of Section V, Sect J.8 that states “Boats with trailers will have priority for storage when sites become available.” Vote: Yea: Walsh and Anderson. Nay: Kelly, Meier, Shope and McKee. Motion failed.
Original motion as amended passed unanimously.
17.4 Consideration of Publishing Proposed Regulation X: Use of Lakes. (D-11-82)
Motion by Meier, passed unanimously, that the Board accept the resolution prepared by the Rules Committee to amend Regulation X: Use of the Lakes, and authorize its publication in the November 18, 2011 edition of Lake Currents, with a request for written comments from the members of the Association by December 2, 2011.
17.5 Consideration of Approving Proposed Regulation XIII: Use of the Fitness Center. (D-11-83)
Motion by Anderson, passed unanimously, that the Board adopt Policy Resolution 2011-13, which creates new Regulation XVIII: Use of the Fitness Center, with an effective date of December 1, 2011.
18. NEW BUSINESS
18.1 Consideration of Sending Proposed Regulation VIII.F: Use of Clubhouse Point, to the Rules Committee. (D-11-84)
Motion by Shope, passed unanimously, that the Board direct the Rules Committee to prepare a resolution to amend Regulation VIII.F: Use of Clubhouse Point.
18.2 Consideration of Creating a Working Group on the Message Board. (D-11-85)
Motion by Anderson, passed unanimously, to create a working group on the message board. President Rowland appointed John Anderson, Kerry Sipe, Joan Harteveld and Mary Ryan to serve on the committee.
18.3 Consideration of Storm Clean-up Expenditures. (D-11-86)
Motion by Kelly, passed unanimously, to adopt the recommendation of management on non-budgeted extraordinary expenses.
18.4. Consideration of Request to Enter Lots for Maintenance. (D-11-87)
Motion by Shope, passed unanimously, that Section 9, Lot 261 be entered and the lot mowed and cleared of debris, and the respective property be billed for the cost related to such work in accordance with Paragraph 14 of the LOWA Restrictive Covenants.
Motion by Shope, passed unanimously, that Section 10, Lot 43 be entered and the lot mowed and cleared of debris, and the respective property be billed for the cost related to such work in accordance with Paragraph 14 of the LOWA Restrictive Covenants.
18.5 Consideration of Creating a Board of Examiners to Oversee the LOWA Boat Operators’ Safety Course and Testing (D-11-88).
Motion by Meier, passed unanimously, that the Board create a Board of Examiners to oversee the LOWA Boat Operator’s course and procedures. This Board would be comprised of at least three people appointed by the President and confirmed by the Board. Serving as liaison would be a member of the Board and a member of the Lakes Committee.
Motion by McKee, passed unanimously, to confirm the appointment of the following individuals to the Examiner’s Board: Jon Anderson/Board Liaison, Mike Rugless, Dave Blackistone and Dan McFarland.
19. Scheduled Meetings:
Board Executive Session: Wednesday, November 16, 2011 at 12pm in the Clubhouse
Board Workshop, Wednesday, November 16, 2011 at 2pm in the lower level of the Clubhouse.
Board Dinner with the Orange County Board of Supervisors, Wednesday, November 16, 2011 at 5pm in the Clubhouse Germanna Room
Regular Board Meeting: Saturday, December 3, 2011 in the Community Center; 8am Executive Session; 10am Open Session
20. Member General Comments: Two members gave comments on RV storage issues.
21. Adjournment: Motion passed unanimously to adjourn the meeting at 12:47 p.m.
Jon Anderson, LOWA Secretary
Present Others
Pat Rowland, President Phil Rodenberg, General Manager
Dave McKee, Vice President Linda Hiross, Recorder (from 2:00 p.m.)
Olive Kelly, Treasurer
Jon Anderson, Secretary
Ernie Meier
Bob Shope
Jim Walsh
1. Call to Order With a quorum present, President Rowland called the meeting to order at 12:00 p.m. in the Clubhouse.
Motion by Meier, passed unanimously, to enter into Executive Session at 12:00 p.m. to discuss legal and property matters with LOWA legal counsel.
Motion passed unanimously to exit Executive Session at 1:55 p.m.
1. Call to Order Motion by Walsh, passed unanimously, to move into Open Session at 2:03 p.m., and to affirm that the Board met earlier today in Executive Session for the purpose of consulting with legal counsel.
2. Pledge of Allegiance
3. Approval of Agenda: Motion by Anderson, passed unanimously, to approve the Agenda.
4. Consideration of Approving Proposed Amendments to LOWA Regulation XIV.A: Schedule of Penalties for Violations: Traffic. (D-11-89)
Motion by McKee, passed unanimously, that the Board adopt Policy Resolution 2011-14, which amends Regulation XIV.A: Schedule of Penalties for Violations: Traffic.
Motion by McKee, passed unanimously, that the Board correct the administrative errors in Policy Resolution 2011-10, which the Board passed on July 20, 2011, which amended Regulation XIV.A: Schedule of Penalties, by removing the preamble preceding Section A and restoring omitted items 6 through 9, so Regulation XIV.A will read:
“A. Traffic. The Legal and Compliance Committee, under the authority of the Board of Directors, may impose a fine of $50 for any violation of LOWA traffic regulations. Multiple violations committed during the same incident may result in a penalty for each violation. The following flagrant traffic violations are serious due to the nature of the action or because of the potential for harm to life and property, and in addition to monetary fines may result in the suspension of barcode access for members and restriction of entry for non-members. The length of suspension or restriction shall be designated by the Board of Directors with LCC recommendation.
1. Accumulating three moving violations with any 12-month period.
2. Causing an accident.
3. Eluding or running or attempting same from a security officer.
4. Passing a stopped school bus displaying a flashing red light, including a school bus with a flashing red light anywhere in an intersection.
5. Improper or illegal entry or assisting another vehicle in improper or illegal entry through either the front or rear automatic gates.
6. Exceeding posted speed limit by 20 miles per hour.
7. Reckless driving, other than high speed.
8. Driving without a valid operating permit, or driving on a suspended or revoked operator’s license.
9. Parking vehicles, trailers or other construction equipment on any LOWA property without the consent of the General Manager.”
5. Consideration of Approving a Resolution Requesting Assistance from Orange County Board of Supervisors Regarding a Ban on Aircraft Landings and Low-altitude Operations. (D-11-90)
Motion by McKee, passed unanimously, that the Board adopt Administrative Resolution 2011-3, which requests the Orange County Board of Supervisors approve a new zoning district to ban aircraft landings and low altitude operations over LOWA properties.
6. Adjournment: Motion passed unanimously, to adjourn the meeting at 2:08 p.m.
1. Call to Order. President Pat Rowland called the workshop to order at 2:09 p.m.
2. Financial Management: Reserves, Investments and Collections
Director of Finance Larry Cole reviewed the current reserve policy and different reserve funding methods; investment policy, current investment philosophy and schedule of current investments; and presented an overview of current Board-authorized assessment payment strategies and proposed payment strategies. Options included expansion of assessment payment plans from annual and semi-annual to include quarterly
and/or monthly plans. Further study is needed to determine effect on cash flow, staffing needs and other factors before such an expansion is considered.
3. Golf Course Irrigation Study
Paul McMann, irrigation consultant with Hydro Designs, Inc of Frederick, MD gave a comprehensive overview of their evaluation of the golf course irrigation system and provided recommendations for improvement and/or replacement. In summary, most of the existing irrigation system (pump, pipes, sprinklers and control system) are aging and will need to be replaced in the near future (1-2 years). While replacement of individual components may result in some improvement, the interaction of the limitations posed by the components is cause for a complete system replacement.
4. 2012-2016 Proposed New Capital Plan
Board members reviewed the six priority items in the proposed New Capital Plan. Vice President McKee felt that restoration of Keaton’s Lake should be on the list as a priority item. There was strong support for the Clubhouse bar and lounge expansion from many
members who addressed multiple advantages of this plan. The Board agreed in concept to move to the next step to develop the bar/lounge area for further consideration. The request for a front-loader tractor for the Equestrian Center also received considerable support. There was little discussion generated on the new walking trail, paving of the cart storage area, website expansion and refreshment centers at the pools. The need for interior redesign/renovation of the Holcomb building was also raised, and this will be discussed again in more detail in December.
5. Keatons Lake Restoration and Management Plans
Assistant GM of Facilities Elton Rupe gave the Board an update of progress made since his last report on November 5, 2011. The Keatons Lake working group met again on November 9, and key personnel met with the Williamsburg Environmental Group again on November 14 to review their updated restoration and management proposal based on the most recent change recommendations.
6. Security Contract Renewal
GM Phil Rodenberg requested permission from the Board to form a Security Workgroup to address discussion topics prior to a possible one-year renewal of the USSA Security Contract, which expires April 30, 2012. Topics for group discussion include access control, lake patrol, training, 911 response, traffic enforcement, property protection, technology and working relationships with county and state police. A meeting with USSA VP of Business Development is also part of the plan. The Board gave their approval to proceed, and a recommendation to the Board is targeted for March, 2012.
7. Adjournment: Motion by Shope to adjourn the meeting at 4:50 p.m.
John Anderson, LOWA Secretary
Present Others
Pat Rowland, President Phil Rodenberg, General Manager
Dave McKee, Vice President Linda Hiross, Recorder (from 10:00 a.m.)
Olive Kelly, Treasurer
Jon Anderson, Secretary
Ernie Meier
Bob Shope
Jim Walsh
1. Call to Order With a quorum present, President Rowland called the meeting to order at 9:00 a.m. in the Community Center.
Motion by Kelly, passed unanimously, to enter into Executive Session at 9:01 a.m. 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. Motion passed unanimously to exit Executive Session at 9:30 a.m.
3. Open Session
Motion by Walsh, 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 discuss-ing 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 to approve the Agenda.
Motion by Shope, passed unanimously, to delete Item 17.2 from the Agenda.
Motion by McKee to delete Item 18.2. Yea: McKee and Kelly. Nay: Shope, Meier, Anderson and Walsh. Motion failed.
Original motion as amended passed unanimously.
6. Approval of the Minutes of November 5, 2011 and November 16, 2011.
Motion by Anderson, passed unanimously, to approve the minutes of November 5, 2011.
Motion by Anderson, passed unanimously, to approve the minutes of November 16, 2011.
7. Report from Orange County District 5 Supervisor: Supervisor Lee Frame thanked members for their support in the November elections. He said VDOT is still studying the speed limits on Rte 601. A traffic engineer from Walmart has contacted him concerning potential traffic pattern changes on Route 3 and will have a draft of their proposals ready for submission in January.
8. Report from Orange County Sheriff, Mark Amos: No report available.
9. Report from USSA Security: Chief Kelly Clark reported that they responded to 112 calls in November. There were 36 complaints, 8 animal complaints, 6 auto accidents, 2 assaults, 6 incidents of theft or breaking and entering, 16 agency assists and 4 arrests. There were no lake issues. They registered 152 vehicles and issued 108 traffic summonses.
10. Report from LOW Volunteer Fire & Rescue Inc.: VP of Fire and Rescue Chris Ruff reported that Rescue received 74 calls in November, 40 of those from inside LOW and all requiring transport. Statistics for the Fire Department were not yet available.
11. Report from Orange County School Board: Representative Jim Hopkins thanked the LOW Lions for grants they have made available to county teachers via their teacher initiative awards program. Following a study projecting the 2012 student population in northeast Orange County, no plans are being made to reopen the unused school building on Rte 20 next September. He also reviewed current full capacity conditions at the high school, caused by a reduction in staffing.
12. Reports of Officers:
Report of President:
President Rowland said that in order to improve understanding of proposed regulation changes, he is instructing Committee chairs to use the “track system” in Microsoft when submitting revisions to regulations. In the future, only the original language and changes to it will be published in the Lake Currents, rather than the complete regulation.
The Board has received a recommendation from the Lakes Committee on changing wake speeds; this has been referred to the Board of Examiners for their comments and will be rescheduled for discussion by the Board after January.
He announced that a lawsuit has been filed against LOWA in Fauquier County. A copy of the complaint can be obtained from the Fauquier County Circuit Court Clerk’s office. Our insurance carrier has assigned the McGuire Woods law firm to represent LOWA’s interests in the case. LOWA members will be kept informed of the course of future proceedings, consistent with advice of counsel and the best interests of the Association.
President Rowland said that subsequent to two incidents this summer, the Board has requested the Orange County Board of Supervisors to pass an ordinance requesting the FAA restrict low-flying planes over LOW, and prohibit seaplane landings on our lakes. The LOWA Board also passed a resolution requesting Orange County begin the process required by VDOT to prohibit thru truck traffic on Rte 601.
Report of Vice President
Motion by McKee, passed unanimously, to approve the following Committee changes as listed in the memo dated December 3, 2011: (D-11-91)
Name Status Committee
Irving Grimes Resigned External Affairs
Warren Lee Adviser Maintenance & Ecology
Gil Churchill Alternate Maintenance & Ecology
Jeff Flynn Voting Maintenance & Ecology
Peter Williams Voting Communications
Jim Naples Voting Community & Youth Activities
Bill Nowers Resigned Planning
Treasurer’ Report:
Treasurer Olive Kelly reported that the Operating Budget surplus for the fiscal year ended April 30, 2011 was $207,905. However, after making adjustments for non-cash items, we ended the year with an operating cash surplus of $108,789. At the recent Treasurer’s meeting, a decision was made to transfer $100,000 from the operating cash accounts to the Contingency Reserve Fund balance, in accordance with our Reserve Policy. This brings the balance up to $200,000.
She also reported that despite a more aggressive collections policy, the delinquency rate remains quite high: semi-annual payers $221,413; other current year payers $211,428; outstanding amount from prior years $207,880 less allowance for uncollectible accounts $83,562; bringing net Accounts Receivable to $557,157 as of October 31, 2011, or about 11% of this year’s total assessment.
13. Executive Session Actions:
Motion by Walsh, passed unanimously, to not restrict barcode access for Rick Alborz.
Motion by Walsh, passed unanimously, to accept the appeal of William Stacy.
Motion by Walsh, passed unanimously, to deny the appeal of Nancy Radford.
14. General Manager’s Report: GM Phil Rodenberg reported that demolition of the Fire and Rescue garage has been completed, and the deteriorating concrete in the parking area will be removed and replaced with asphalt. The final report from the Fareways working group will be available for discussion in January.
A new gate access system has been contracted for installation using Entry Guard software. The new software will be compatible with current bar codes, and installation will begin in January. Cost for this replacement is in the area of $56,000. Both new and seasoned grounds crew employees have undergone snow removal training in preparation for winter weather.
Lakes Manager Patrick Kroboth has resigned and will be leaving December 16. Jessica Graves, current staff member in charge of erosion and stormwater management, has been hired as the new Lakes Manager.
15. Committee Reports:
15.1 Lakes Committee Report: Chair Julie Wilson reviewed the highlights of Lakes Committee activities since July of 2011, which included studies, recommendations they have made to the Board, and efforts to improve conditions at Keatons Lake.
15.2 Front Entrance Sign Workgroup Report: (D-11-92)
GM Phil Rodenberg provided a brief recap of the front entrance sign project to date. Workgroup member Brenda Anderson summarized many of the factors and issues considered by the group in their deliberations. She gave a slide presentation showing design concepts for a new entrance sign that included landscaping, fencing and water features, among other possibilities.
Motion by Anderson, passed unanimously, to approve the front entrance sign concept and authorize management to solicit bids from sign companies.
15.3. Clubhouse Report: Chair Joan Harteveld reminded members of the annual Holiday Open House on December 4, and thanked the Garden Club, Maintenance Department staff and other volunteers for providing the decorations.
15.4. Safety and Security: Tim Grant announced that Committee meetings will now be held on the first Wednesday of every month at 3:00 p.m. in the Woods Center.
16. Member Comments on Business Agenda: Members commented on using a different floor plan layout for the Holcomb Building, the high cost of some of the proposed Capital Budget projects, the pros and cons of expansion of the Clubhouse bar and lounge, and in support of funding the Williamsburg Environmental Group lakes restoration proposals. One member said a petition regarding New Capital is being circulated.
17. UNFINISHED BUSINESS
17.1 Consideration of Approving Amendments to Bylaw Article V, Section B: Officers of the Association; and Section C: Employees of the Association. (D-11-93)
Motion by McKee, passed unanimously, that the Board adopt Policy Resolution 2011-15, which amends Bylaw Article 5, Section B: Officers of the Association, and Article V, Section C: Employees of the Association, to be effective immediately.
17.2 Removed from the Agenda.
17.3 Consideration of Approving Amendments to Regulation X: Use of Lakes. (D-11-94)
Motion by Meier, passed unanimously, that the Board adopt Policy Resolution 2011-17, which amends Regulation X: Use of the Lakes, to be effective immediately.
17.4 Consideration of Approving Williamsburg Environmental Group’s Environmental Services Agreement and Related Funding for Keatons Lake and the Main Lake.(D-11-95)
Motion by Kelly, passed unanimously, that the Board approve the contract with Williamsburg Environmental Group, Inc. for $72,950, funds to come from the New Capital Reserve.
18. NEW BUSINESS
18.1 Consideration of Approving Funding for Computer System and Security Upgrades. (D-11-96)
Motion by Kelly, passed unanimously, that the Board approve $10,000 for computer system and security upgrades, funds to come from the New Capital Reserve.
18.2 Consideration of Approving FY-2012 New Capital Projects. (D-11-97)
Motion by Anderson that the Board approve the FY-2012 New Capital Projects List as recommended by the Planning Committee, with the exception of Item 4 (paving of Woods Center parking lot) and Item 6 (refreshment concessions at the pools). Vote: Yea: Anderson, Shope, Walsh and Meier. Nay: Kelly and McKee. Motion passed 4-2.
After the motion passed, the President asked the General Manager to proceed with his plan to get a preliminary engineering cost study for the Clubhouse bar, using appropriate funds for this year. The GM confirmed with the Board that he had the authorization to proceed with hiring Bowman Engineering to do the necessary work to give the Association preliminary design estimates. Director Kelly and the President went on to confirm that the final numbers for the construction project would be presented as part of the GM’s budget and the Board would discuss those numbers at its February meeting.
18.3 Discussion of Holcomb Building Redesign.
GM Phil Rodenberg gave a status report on proposed plans for the Holcomb Building office and meeting space renovations. Staff has met with a design firm to discuss layout options, which will include ADA accessibility. (D-11-98)
Motion by Kelly, passed unanimously, to approve $6000 to cover the cost of engineering design proposals and cost estimates of renovations to the Holcomb Building.
18.4 Consideration of Approving Funding for Clubhouse ADA Front Doors. (D-11-99)
Motion by Shope, passed unanimously, that the Board approve $27,900 for ADA doors at the Clubhouse, funds to come from the New Capital Reserve.
18.5 Consideration of Administrative Resolution 2011-4 Requesting Action by the Virginia General Assembly Regarding Raising the Charge for a Single Offense of Regulations. (D-11-100)
Motion by Walsh, passed unanimously, that the Board approve Administrative Resolution 2011-4 requesting that the Virginia General Assembly raise the charge for a single offense of Association regulations to $100 for violations that threaten the safety of others.
18.6 Consideration of Request to Enter Lot for Maintenance. (D-11-101)
Motion by Shope, passed unanimously, that Section 13, Lot 376 be entered and the lot mowed and cleared of debris and that the respective property be billed for the costs related to such work in accordance with Paragraph 14 of the LOWA Restrictive Covenants.
18.7 Consideration of Approving Renewal of the Waste Management Contract for Residential Waste Removal and Recycling. (D-11-102)
Motion by Meier, that the Board approve the 3-year exclusive Service Agreement with Waste Management for residential waste removal and recycling. Yea: Meier, Walsh, Shope, Kelly and Anderson. Abstain: McKee. Motion passed 5-0-1.
19. Scheduled Meetings:
Regular Board Meeting: Saturday, January 7, 2012 in the Community Center
Executive Session: 9:00 a.m.; Open Session 10:00 a.m.
20. Member General Comments: A couple of members felt that space assignments at the boat storage lot should remain on a first-come, first-served basis and taken in order from the wait list.
21. Adjournment: Motion by Anderson, passed unanimously, to adjourn the meeting at 11:51 a.m.
Jon Anderson, LOWA Secretary