LAKE PANORAMA ASSOCIATION BOARD OF DIRECTORS MEETING

February 26, 2008 Unapproved Minutes
LPA offices

       LPA MEMBERS, PLEASE NOTE: The following minutes contain a large section of changes to the LPA rules and regulations. Only passages with changes and new added passages are included in the minutes (of over 20 pages of the whole set of rules). The formatting on the website does not allow for italicized words, so determining the changes can be difficult. Please contact the office if you would like to see or receive an email including a full copy of the rules with changes that are proposed.
       
       
       Lake Panorama Board of Directors Meeting (Unapproved Minutes)
       February 26, 2008
       Lake Panorama Association Office
       
       The Lake Panorama Association Board of Directors met Tuesday, February 26, 2008, at 4 p.m. at the Lake Panorama Association Office. Board members present were Bill Douglass, Tom Jeschke, John McDermott, Ron Morden and Duane Spicer. Staff members present were John Rutledge, LPA general manager, John Dinnebier, LPN general manager, Randy Holl, LPA senior administrative assistant and Judy K. Contner, recording secretary.
       
       Morden called the meeting to order at 4 p.m.
       
       Morden asked for additions to the February 26, 2008, board meeting agenda. Additions under new business were: 9B – Plugging of Jordan Well as required by Iowa Department of Natural Resources (DNR). Motion by McDermott to approve the amended agenda for the February 26, 2008 board meeting. Motion seconded. All ayes.
       
       Board went into executive session to discuss legal issues.
       
       Board returned to regular session at 5 p.m. No members were present for open forum.
       
       Morden asked for additions to the January 26, 2008, board meeting minutes. Motion McDermott to approve the minutes as presented. Motion seconded. All ayes.
       
       Spicer noted the auditors had not yet completed adjustments to the 2007 financials, but their reports to date are very positive. Spicer also noted he reviewed some aspects of the financials and Susan Lyons had explained all items to his satisfaction.
       
       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. Items Pending list
        D. Building Codes Changes regarding dock signage – third reading.
       
       Motion seconded. All ayes.
       
       Randy Holl presented a historical summary of debris control methods that have been utilized by the LPA. Holl noted the current method of debris control is effective up to approximately 6,000 cubic feet per second.
       
       As requested by the Board, Holl presented a proposal from Dr. Robert Ettema for the analysis of the LPA’s approach to debris control. Holl noted Dr. Ettema’s credentials are both extensive and appropriately suited for this project. Rutledge concurred Ettema was the appropriate choice.
       
       Rutledge clarified this consulting expense was not budgeted for in 2008, but he would be able to adjust expenditures elsewhere to accommodate the addition of this study.
       
       Motion Jeschke to approve consulting agreement with Dr. Robert Ettema for an amount not to exceed $8,810. Motion seconded. All ayes.
       
       The three ballot measures being presented to the membership this spring were reviewed. Jeschke requested management improve the secrecy of the ballot through adjustment of the signature process. Following discussion, it was agreed by the Board any adjustment to the ballot signature process must be approved by the membership. Rutledge was instructed to place this issue on the 2009 ballot.
       
       Spicer requested several verbiage adjustments to the vicious dog regulation. Following discussion, the Board directed Rutledge to make two minor wording adjustments prior to presenting the ballot measure to the membership. Wording adjustments were: 1) Expand rule from “vicious dog” to “vicious animal”. 2) Further clarify point 3 of vicious animal definition.
       
       The Sex Offender and Director Vacancy ballot measures were confirmed with no changes.
       
       Rutledge updated the Board on financing for the irrigation project. Rutledge noted he had altered his approach from a loan to a line of credit. Cash flow analysis indicates the LPA will not need to exercise a line of credit until the 3rd or 4th quarter of 2008. Rutledge informed the Board he intends to establish pre-approval for the line of credit with a final decision being made by the Board later in 2008. The Board concurred.
       
       Motion Jeschke to approve the first reading of changes to LPA rules and regulations as recommended by management.
       
       The following is a listing only of the passages either added or changed within the rules documents which has over 20 pages:
       ( Changes in phrases of the rules are in italics and explanatory material is within parentheses.)
       
       Section—Article I (membership)
       (a) Only those members who are record lot owners in the Lake Panorama Subdivision can apply for membership. are members. (This clarifies the meaning—there is no application for membership.)
        Add: (To make it clear what locations are meant in the regulations.)
        1.20 Definitions of property for the purposes of the rules and regulations
        1.21 Community areas
        Consists of beaches, golf courses, and member access areas as designated on the plats for the Lake Panorama development
        1.22 Common property
        1.221 Unplatted property belonging to the Lake Panorama Association including road right of way, developed streets, graded access, drainage areas, silt storage ponds, farmland, and open or timbered property.
        1.222 Platted Property
        Property once platted in lots which may or may not currently be considered platted, but held by the Lake Panorama Association.
        1.23 Marina
        The common property including the jetty, boat ramp, parking and floating facilities located at the east end of the Main Basin of the lake.
       Section—Article II (Make clear when dues and assessments are billed and due)
        A. Dues and Assessments are billed annually by March 1 and due April 1st through July 1st according to a table to be provided to the members annually.
        B. Guest Boats: Guests may not launch their own boats on Lake Panorama. The only exception to this rule shall be:
        Guest Boat Registration:
        1. A property owner may register three (3) guest boats during the season. A guest boat will be allowed on weekdays only, Monday through Friday, excepting holidays. A guest pass will be good for a consecutive 2-day period with a $25.00 fee for the registration. It will be necessary to know the make of the boat, identifying number, color, length and horsepower.
       Section—Article IV Motor Vehicles
        4.0 MOTOR VEHICLES
        A. Definitions (These additions are to more clearly define what is included in rules.)
        4.01 Motor vehicles shall be defined as any vehicle required to be licensed in the State of Iowa for operation on public streets and highways.
        4.02 Vehicles shall also be defined as any powered or non-powered means of transportation including, but not limited to, construction equipment, golf carts, bicycles, lawn maintenance equipment, etc.
        4.03 Current registration shall be defined as licensing that is up to date for Operation in the State of Iowa.
        4.04 Operating condition shall be defined as capable of immediate and legal operation on public highways in Iowa.
        4.05 Posted means traffic regulation signs.
        4.06 Right of way is the area designated for private streets between the front lot pins of a property and the graded and/or surfaced portion of the roadway.
        4.07 Trailers shall be defined as any non-motorized unit that can be used to haul, carry, or enclose equipment and material such as dump carts, flatbeds, boat trailers, and enclosed box trailers or recreational trailers such as pop-up campers or travel trailers.
       Add to 4.1 (These are clarifications of what is subject to rules and what terms mean.
       A. All vehicles shall be subject to the traffic rules and regulations posted.
       B. All vehicles are subject to State of Iowa Laws for equipment and operation if not superseded by specific Lake Panorama Association regulations.
       F. No vehicle, equipment, or material shall be parked on any street in the subdivision, except for temporary purposes and shall not remain parked within the right-of-way of any LPA street overnight except with the special permission of the LPA.
       G. Temporary parking may take place along the road edge along one side of the road only.
       H. Construction activity shall not block roadways without the express permission of the LPA. The use of the road or right-of-way for material storage is prohibited.
       I. Camping trailers or other recreational vehicles shall not be parked on empty lots overnight.
       J. All motor vehicles parked or operated on property within the Lake Panorama subdivision shall be currently registered and be in operating condition.
       4.28 Snowmobiles may be operated on member’s lot only, or on areas specifically designated by the Lake Panorama Board of Directors or LPA management as authorized by the Board of Directors
       4.30 All terrain vehicles (ATV) will not be allowed anywhere within the Lake Panorama Association community except the ATV owners personal lot. ATV’s are not to be driven on LPA roadways, community areas, beaches, golf courses, private lots or wooded areas with the exception of when being used specifically for maintenance for the owner’s property.
       Utility vehicle definition
        Utility vehicles are defined as any motorized vehicle intended for off-road usage that is being used in the performance of maintenance purposes and not being used for recreational pursuits.
       Section 5—Lake usage (Additions to section are to make things more clear.)
       A. State Law Compliance
       1. All vessels operated on Lake Panorama must comply with the State of Iowa Boating Regulations approved by the Iowa Department of Natural Resources except where superseded by the regulations of the Lake Panorama Association.
       2. This document defines “vessel” as meaning every description of watercraft.
       D. Lake Closure in Emergencies
       Lake closure may be declared by the Lake Panorama Board of Directors or by the General Manager in times of flood, debris flow event, or dam emergency. All boating except maintenance, rescue and salvage craft may be prohibited for a designated period of time as indicated by public announcement, signage, regulatory buoys or by verbal information from Lake Panorama personnel.
       O. Observer Required when Towing
       A motorized vessel towing a person or persons shall have, besides the operator of the vessel, another person nine (9) years of age or older in a position to observe the person or persons being towed.
       P. Skiing and Towing Hours
       No person shall operate a vessel on Lake Panorama towing a person on skis, or similar device, nor shall any person engage in water skiing, or similar activity, at any time from ½ hour after sunset until sunrise, the times established by standard sunrise/ sunset tables.
       Z. Regulatory Buoys Must Be Obeyed
       Regulatory buoys function as boat traffic regulation signs and designate the rules for operation in that area.
       5.3 Marina
       B. Users must follow posted regulations
       Posted rules and signage must be obeyed.
       5.4 Swimming
       B. Beach Swimming Regulations
       1. Swimming is allowed at the beaches only during the posted hours and only within roped areas.
       2. Swimmers must follow posted regulations at each beach.
       C. Marina Swimming Prohibited
       Swimming in the Marina areas is prohibited including from the jetty, from the covered slip units, from walkways, from the gas dock, boat ramp and courtesy dock area and all areas between.
       6.2 Camping
       C. Structures Require Permission
       Any structure added to camping units such as porches, decks, etc., must be approved by LPA management. The LPA may demand removal of any structure added prior to January 1, 2008, if it encroaches upon the usage of other units, is in a state of disrepair or is a safety hazard for users.
       D. Disposal of Wastes
       No refuse shall be released on Lake Panorama property. No wash, dish or sewer water shall be drained upon the ground. Portable containers must be used to contain such refuse and wastewater. Normal garbage can be deposited in containers that are designated for camping usage.
       L. Campsite Restriction
       Camping in the Lake Panorama Campgrounds is restricted to one recreational vehicle per site.
       6.3 FISHING, HUNTING & TRAPPING
       A. Members and Guests only
       Only Association members and their guests are permitted to fish on Lake Panorama or other LPA properties except in the case of special hunts or seasons as designated by the LPA Board of Directors.
       E. Violations
       Violations of hunting, fishing or trapping regulations on Lake Panorama property will result in the loss of privileges and possible fines by the LPA and the Iowa DNR.
       F, Posted regulations, boundaries, etc. shall be followed
       Postings shall serve as rules and regulations for any of the activities permitted in this section.
       (This section is a completely new addition to the rules.)
       Article VII
       Section 7.0 Actions of Owners and Guests
       7.01 Solicitation
       7.01.1 No door to door soliciting, canvassing, sales or other activity shall be allowed except that as duly authorized by the Bureau of the Census, or other organization specifically designated by the Board of Directors.
        7.01.2 Sales personnel that are specifically invited by property owners are allowed.
       7.02 Home Business
        7.02.1 Home Businesses shall be allowed subject to the following conditions:
        7.02.11 No signage identifying the business shall be allowed.
        7.02.12 No on-site retail business is allowed (walk-in).
        7.02.12 No lodging or food shall be provided for a fee in residential properties except properties managed by the Lake Panorama National or owned by Clover Ridge Interval Owners.
        7.02.14 Parking shall be provided only on the owner’s property and subject to the building code regulations.
        7.02.15 No construction equipment or equipment identified as business equipment (excepting automobiles and pick-up trucks) shall be parked in a way that is visible from the street.
        7.02.16 No inventory or product shall be stored outside.
       7.03 Pets
        7.03.1 Household Pets only
        7.03.11 No animals or fowl shall be kept or maintained on said lots except customary household pets in reasonable numbers.
        7.03.2 Pets shall be Controlled
        703.21 Household pets must not be allowed to run on other person’s property and must be kept at home on their premises.
        703.22 Pets being walked along streets and roadways or on the Golf courses shall be on a leash.
        703.23 Pet owners shall abide by sign regulations on LPA property including the Golf Courses.
        703.3 Pet Wastes
        703.31 Any pet wastes shall be immediately removed by the owner or handler of a pet on any property that does not belong to the owner or handlers excepting unmaintained common property.
        703.4 Vicious Animal (to be voted on by membership)
       8.01 Brush and Tree Disposal
        8.01.1 No trash, construction refuse, garbage, or other debris may be deposited at designated brush dump areas or any other area of the development.
        8.01.2 Tree stumps, fill dirt, and waste soil may be placed upon the designated brush dump areas, if and only if, permission from the General Manager or designee is given.
        8.01.4 Burning of household refuse and other materials is not permitted. Burning of materials such as leaves, branches, trees or other items, which grows on one’s property is permitted.
        8.01.41 Burning is the responsibility of the Member and no fire should be left unattended.
        8.01.42 Leaves, sticks, logs and other debris are not permitted to be discarded in the Lake. All these materials shall be burned or hauled away. Fines may be levied for non-compliance.
       (Declaration of possible issues that are covered by the rules.)
       8.02 Property Care
        8.02.1 Upon designation by the General Manager, property owners will be required to remediate problems with plants on their lot including tree death, tree disease, poison ivy, thorned and hazardous plants or natural fire hazards where this situation can be shown to endanger person or property in the immediate area or otherwise be declared a nuisance.
        8.02.2 Natural materials such as firewood may be stored on properties with homes if stacked and located within the lot setbacks.
        8.02.3 Boat trailers and boats are the only property that may be stored on undeveloped lots. Recreational vehicles, campers, motor vehicles and other equipment storage are prohibited on undeveloped lots.
       Article IX
        Section 9.0 Other Regulations
       9.1 Nuisance (Legal clarity and authority added)
        9.10 Definition
        No noxious or offensive activities shall be permitted on any lot, community area, or common property in the project, nor shall anything be done on any of said areas that shall be or become an unreasonable annoyance or nuisance to any owner of another lot in the project. The Lake Panorama Association shall determine what constitutes noxious or offensive activity and said determination shall be complete and final. (From the Restrictions section, Part F. in the Amended Covenants and Restrictions)
       9.2 Specifically Prohibited Activities
        A. Signs advertising the sale of property will be permitted on LPA lots. A maximum of two (2) signs, not to exceed six (6) square feet in area each, may be displayed on the lot itself until the property is sold. If deemed unsightly by the General Manager, signs will be removed by the LPA and destroyed. Temporary “Open House” signs may be placed along roadways on the day of the event only.
        B. No other advertising signs shall be displayed on any numbered lot, LPA property, parks or roadways in the project area without written permission of the Association.
        1. Exceptions
        1. Dock identification signage as required by the Iowa Department of Natural Resources regulations shall be permitted on all docks as required by the State.
        2. Standardized dock signage meeting the specifications shall only be available through the provision of the Lake Panorama Association at a fee consisting of the actual cost of the sign plus a small handling and administrative fee as established by the Association.
        3. Personal Signage that identifies the owners and/or name of a property that is not larger than ten (10) square feet in area and that is wholly located within the survey lot boundaries of the property.
        4. Temporary garage sale or auction signs may be placed on common property or on the owner’s property on the day of a sale and must be removed within 24 hours.
        G. No firearms shall be discharged for any purpose not authorized by these regulations excepting the LPA Security Department usage for dangerous animal control.
        H. Disposal of any trash, debris, litter or garbage on any LPA community area, common property, marina, or roadway property, except where yard waste is permitted to be deposited, is prohibited.
        I. Disposal of household trash or waste in any Lake Panorama-owned dumpster or garbage facility without the expressed permission of the LPA is prohibited.
        J. Destruction or defacement of LPA property, including facilities, signage, landscaping, road surfaces, regulatory buoys, docks, golf facilities, or any other property belonging to the Association is prohibited.
       
       Motion seconded. Ayes – Jeschke, Douglass, McDermott. Abstain – Spicer.
       
       Rutledge presented the Board with an Engineer’s recommendation and contractor estimates for the replacement of the filter media at the LPA water plant. Rutledge estimated the project could cost $20,000 depending on the amount of repair necessary to the filters.
       
       Rutledge requested the Board acknowledge he will be making substitutions within the previously approved capital budget in order to facilitate the funding of this project with the total amount authorized unchanged.
       
       Motion McDermott to authorize presented changes to the previously approved 2008 capital budget. Motion seconded. All ayes.
       
       Rutledge informed the Board the Iowa DNR had completed an inspection of the LPA water system. Most notable in the report was the fact the DNR is requiring the LPA plug the Jordan Well by April 1, 2008 as the casing is collapsed and it is no longer in use.
       Rutledge said this issue had previously been discussed by the Board, and he believed it required Board input.
       
       The Board viewed a 2003 video of the well casing that showed significant deterioration.
       Rutledge said the video only includes the first 600 feet of the over 2,000-foot well due to the fact the shaft was significantly collapsed at 600 feet.
       
       Motion Jeschke to proceed with plugging the Jordan well as directed by the Iowa DNR.
       Motion seconded. All ayes.
       
       It was noted under committee reports the Long Range Planning committee would be meeting February 28.
       
       Douglass suggested the Board consider the development of a paperless/electronic board room with each director having a laptop in lieu of hard copy documents. Douglass also presented a proposal for a recreation fee he would like the Board to consider in 2008.
       
       Spicer recommended the LPA and LPN complete an energy audit, noting specifically the benefit of more efficient lighting.
       
       Meeting adjourned at 7:10 p.m.
       
       ___________________________________ __________________________________
       Judy K. Contner Susan Thompson
       Recording Secretary Board Secretary