LAKE PANORAMA ASSOCIATION BOARD OF DIRECTORS MEETING

January 22, 2008 Unapproved Minutes
LPA offices
Lake Panorama Board of Directors Meeting-- Unapproved minutes
       January 22, 2008
       Lake Panorama Association Office
       
       The Lake Panorama Association Board of Directors met Tuesday, January 22, 2008, at 4 p.m. at the Lake Panorama Association Office. Board members present were Courtney Allen, Bill Douglass, Tom Jeschke, John McDermott, Ron Morden, Duane Spicer and Susan Thompson. Staff members present were John Rutledge, LPA general manager, John Dinnebier, LPN general manager and Judy K. Contner, recording secretary.
       
       Morden called the meeting to order at 4 p.m.
       
       Morden asked for additions to the January 22, 2008, board meeting agenda. Additions under new business were: H. RIZ bid. I. John Clark agreement. J. Marina Lease. McDermott made the motion to approve the January 22, 2008, board meeting agenda.
       
       Board went into executive session to discuss legal issues.
       
       Board returned to regular session at 4:50 p.m. Morden asked for additions to the December 18, 2008, board meeting minutes. Thompson made an addition to page 5, adding a new paragraph 5 to read: McDermott moved to approve the second reading of a recommended addition to the building codes, section 6.02, as follows: H: It shall be the responsibility of the property owner to repair or replace any owner-installed landscaping, irrigation equipment, markers or other features that are located in the area between the owner’s front lot pins and the street, that are damaged during the routine exercise of maintenance activities such as drainage work, street shoulder maintenance or snow removal. Mailboxes installed according to United State Postal Service regulations are exempted. Motion seconded. All voted aye.
       
       Open Forum: Tom Bacon, owner of lots 5050 and 5051 in Hughes Cove, was present to express his concern over the elevation of the LPA community area between the water and his B lots. LPA had previously done grading, dirt moving and piling of concrete to prevent further erosion to the Bacon property. Bacon’s dissatisfaction was that the work changed the lake access of the community area adjacent to his property.
       
       Spicer told the Board the CPAs had completed the annual financial audit and only minor adjustments were made. The auditors were pleased with the improvements made in the accounting system for both LPN and LPA since Susan Lyons, accountant, has been employed. A new accounting manual has been completed by Lyons and Contner.
       
       Discussion was held regarding the receivable from REC. Rutledge was instructed to follow up with Tom Polking, legal counsel, on the status of this issue.
       
       Jeschke made a motion to approve the consent agenda which included:
       A. LPA General Manager Report
       B. LPN General Manager Report
       C. Recommendation regarding informational meeting for Panora Fire and EMS
       D. Items Pending list
       
       Motion seconded. All voted aye.
       
       McDermott moved to approve the third and final reading of a recommended addition to the building codes, section 6.02, as follows:
       
       H. It shall be the responsibility of the property owner to repair or replace any owner-installed landscaping, irrigation equipment, markers or other features that are located in the area between the owner’s front lot pins and the street, that are damaged during the routine exercise of maintenance activities such as drainage work, street shoulder maintenance or snow removal. Mailboxes installed according to United States Postal Service regulations are exempted.
       
       Motion seconded. All voted aye.
       
       McDermott moved to approve the third and final reading of the Water Safety Committee’s recommendation to lower the required age for ski and tube observers from 12 to 9. Change the rules and regulations on boating regulations, N., to read: A motorized vessel towing a person or persons shall have, besides the operator of the vessel, a responsible person nine (9) years of age or older in a position to observe the person or persons being towed. Motion seconded. All voted aye.
       
       Allen moved to approve the second reading of an addition to the building codes under 11.06, docks and boatlifts. A. Standardized dock identification signs as approved by the Lake Panorama Association shall be permitted for installation according to Iowa DNR dock regulations on permanent, cantilever and sectional docks for uniformity throughout the lake. Motion seconded. Douglass nay. Motion carried.
       
       Spicer moved the LPA board of directors approve an additional $5,000 to help the Lake Panorama Ski Team move their practice and show location to a South Shore area to be determined by the board, after said ski team raises $5,000. Total funds of $13,000 will be maintained in an account controlled by the LPA. (At its October meeting, the board had approved $3,000 for the relocation project.) A portion of the $13,000 is for the purchase of a dock. As long as the Lake Panorama Ski Team exists and uses the indicated location they will be responsible for maintaining the dock, and any liability involving the dock. Should the ski team cease to exist at Lake Panorama, said dock becomes the property of LPA. Motion seconded. Spicer asked for a roll call vote. Ayes - Thompson, Spicer McDermott. Nays – Allen, Douglass. Abstain - Jeschke. Motion carried.
       
       Allen moved to present to the LPA membership an addition to the LPA By-laws that deals with vicious dogs. The measure states:
       
       Corporate Resolution
       
        I HEREBY CERTIFY that at a meeting of the Board of Directors of Lake Panorama Association, which is organized under the laws of the State of Iowa, the following resolutions were adopted and are now in full force and effect:
       RESOLVED, that Lake Panorama Association hereby adopts the following definitions:
       “Vicious dog” means and includes:
       
       1. Any dog that has attacked or bitten any human being.
       2. Any dog that has attacked or bitten any domestic animal or fowl on two separate occasions within a 12 month period.
       3. Any dog which consistently chases or approaches a person on the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack.
       4. Any dog that has attacked and killed any domestic animal or fowl.
       
       RESOLVED, that no person shall keep, shelter or harbor any vicious dog,
       nor act as a temporary custodian for such animal, nor keep, shelter, nor harbor such animal for any other purpose or in any other capacity within the boundaries of Lake Panorama Association.
       
       RESOLVED, that an owner of a dog which has bitten or attacked a person, in addition to reporting the bite or attack to local health or law enforcement officials, must also report such bite or attack within ten (10) days of its occurrence to the Lake Panorama Association on forms provided by the Association. Failure to report a bite or attack as provided herein shall result in a fine of $500.00 payable by the owner of the dog to the Lake Panorama Association.
       
       Motion seconded. Douglass, McDermott, Allen, Jeschke, Thompson aye. Spicer nay. Motion carried.
       
       McDermott made a motion to approve a corporate resolution regarding registered sex offenders to be presented to the membership as an addition to the LPA by-laws.
       
       Corporate Resolution
       
       I HEREBY CERTIFY that at a meeting of the Board of Directors of Lake Panorama Association, which is organized under the laws of the State of Iowa, the following resolutions were adopted and are now in full force and effect:
       RESOLVED, that Lake Panorama Association hereby adopts the following restrictions:
       
       Persons required to register with Iowa’s state sex offender registry pursuant to Iowa code Chapter 692, hereinafter referred to as “Registrants”, shall not permanently or temporarily reside at the Lake Panorama Association. As used in this Resolution “reside” means living in or possessing any portion of a Lake Panorama Lot for more than 14 days out of any 30 consecutive-day period. This restriction shall not apply to Registrants residing at the Lake Panorama Association prior to the adoption of this Resolution.
       
       RESOLVED, that if, subsequent to the adoption of this Resolution, a Registrant resides in a Lake Panorama Lot as a tenant, or under any other possessor interest, the Lot owner must immediately cause the person to vacate the Lot and, if the person does not vacate the Lot within 30 days of the date the Lot Owner was notified by the Lake Panorama Association of the presence of a Registrant, then the Lot Owner will immediately commence eviction proceedings. If the Lot Owner fails to commence the eviction proceeding within 30 days following the date the Lot Owner is required to do so and diligently pursue the eviction to conclusion, then the Lake Panorama Association may act as attorney-in-fact for the Lot Owner and pursue the eviction action at the Lot Owner’s costs and expense.
       
       RESOLVED, that a Registrant owning and residing in a Lake Panorama Association Lot in violation of this restriction, shall vacate the property within 90 days of receipt of the Lake Panorama Association’s notice to so vacate. If the Registrant Lot Owner fails to vacate the Lot within 90 days, the Association may pursue an eviction against said Registrant Lot Owner.
       
       RESOLVED, that the Lake Panorama Association will not be liable to any Lot Owner or anyone occupying or visiting the Lake Panorama Association as the result of the Lake Panorama Association’s failure to dispossess a Registrant.
       
       RESOLVED that, without prejudice to any remedies under applicable law, the Lake Panorama Association shall be entitled to any equitable relief such as, but not limited to, an injunction or restraining order against any Registrant.
       
       Motion seconded. All voted aye.
       
       As directed by the board at the December board meeting, Rutledge had researched financing for the LPN golf course irrigation system. He presented a financing package that would be provided by four local banks partnering on the project. After discussion, the board directed Rutledge to also research financing through a line of credit. Thompson made a motion to have management proceed in obtaining the most advantageous funding package for the golf course irrigation system, plus possible replacement of rip rap in the spillway below the dam. Financing may include a combination of cash reserves, loan or line of credit. Lots 884/885, 886/887, 894, 895, 896/897, 898 and 899 in the upper basin will be used as collateral for the financing. Motion seconded. All voted aye.
       
       Concern has been expressed about board action taken in closed session and therefore not recorded. Allen moved that all formal actions taken by the Board of Directors of the Lake Panorama Association shall be recorded in open session. Motion seconded, all voted aye.
       
       Board discussed Article III, D. of the LPA bylaws which addresses filling a board vacancy by reason of resignation, death or otherwise. The current by-law states “the Board of Directors shall appoint a new director to fill such vacancy until the end of the unexpired term.” Spicer moved to present the following ballot measure to the membership: Strike the last seven words — “until the end of the unexpired term” — and add two new sentences: “The appointed director shall serve until the next regular election of the Board of Directors, whereupon any remainder of the unexpired term shall be filled through election by the membership. The candidate who is elected with the least number of votes shall be designated as having been elected for the remainder of the unexpired term.” Motion seconded. All voted aye.
       
       Spicer presented for discussion some ideas for formalizing actions that can be taken and dollar amounts spent by the LPA general manager without approval by the board.
       
       Rutledge presented the agenda items for the Informational Meeting on February 16th at 10:00 a.m. at the Lake Panorama Conference Center. Jeschke moved to approve the following agenda items for the Informational Meeting.
       
       • Ballot measure for membership vote on the Definition and Treatment of Vicious Dogs at the LPA.
       • Ballot measure for membership vote on Prohibition of Registered Sex Offenders from the LPA.
       • Ballot measure for membership vote on the process to fill a vacancy on the LPA Board of Directors.
       • Informational update on LPN Irrigation Project including explanation of funding.
       • Review and discussion of future capital improvement projects.
       • Open session to address questions from the membership.
       
       Motion seconded. All voted aye.
       
       Jeschke moved to waive the first and second readings and to approve the final reading of the Building Codes Committee’s recommended inspection criteria to supplement existing inspection requirements by adding the following for accessory structures.
       
       Decks & Seasonal Porches:
       1. Footing- Schedule inspection after all holes have been dug and prior to placement of concrete. Footing Depth- 42". 8" Min. Diameter post hole for decks.
       2. Framing/Electrical (rough-in) - Only necessary if framing/electrical will be covered before final inspection.
       3. Final - Schedule inspection after completion of all railings and stairs.
       Detached Garages: (within our 6’ limit from residence)
       1. Footing - Inspection after footing and/or slab area is dug and reinforcement (if required) is in place, but prior to the placement of any concrete.
       2. Framing/Electrical (rough-in) - Only necessary if framing/electrical will be covered before final inspection
       3. Final - After all framing and/or any finish work is completed and after any electrical has been completed.
       Residential Additions:
       1. Footing - Inspection after footings are dug and reinforcement is placed, but prior to the placement of any concrete. Footing Depth - 42"
       2. Foundation-
       a. Foundation Steel - Inspection after all reinforcement has been placed in the wall and prior to any concrete being poured.
       b. Foundation Tar, Tile, & Gravel - Inspection after all damproofing, drainage tile, and gravel over drainage tile has been installed and prior to backfilling.
       3. Plumbing Ground Works - Any plumbing ground works that will be installed below a concrete slab. (If Necessary)
       4. Framing/ Electrical/Plumbing/Mechanical (rough-in) - Inspection after framing, rough plumbing, mechanical, and electrical are completed and prior to insulation and drywall.
       5. Final - Inspection after final electrical and plumbing. Structure should be totally completed and ready to occupy.
       
       Motion seconded. Douglass voted nay. Motion carried.
       
       Thompson reported she attended the Planning and Building Codes Committee meeting and the committee approved the plans for the new LPN building. Thompson also said arrangements have been made for required inspections to be done during construction. McDermott moved to approve the new building plans as recommended by the Planning and Building Codes Committee. Motion seconded. All voted aye.
       
       Board was given proposed changes to the Rules and Regulations. Further discussion and action was deferred until the February board meeting.
       
       Jeschke made a motion to approve the updated version of the LPA Building Codes, which reflects changes adopted by the board in recent months. Motion seconded. Douglass nay. Motion carried.
       
       McDermott moved to approve submitting a bid to RIZ for 2008 dredging services. Motion seconded. All voted aye.
       
       McDermott moved to approve a new contract with Coulter’s Panorama Marine for 2008-2013. Motion seconded. All voted aye.
       
       Jeschke moved to approve a settlement agreement with John Clark relative to the county basin land acquisition. Motion seconded. All voted aye.
       
       Meeting adjourned at 8:20 p.m.
       
       
       ___________________________________ __________________________________
       Judy K. Contner Susan Thompson
       Recording Secretary Board Secretary