LAKE PANORAMA ASSOCIATION BOARD OF DIRECTORS MEETING

June 24, 2008 unapproved
Lake Panorama Association Office
Lake Panorama Association
       Board of Directors Meeting
       June 24, 2008
       
       
       The Lake Panorama Association Board of Directors met June 24, 2008, at 4 p.m. at the Lake Panorama Association Office. Board members present were Bill Douglass, Tom Jeschke, John McDermott, Ron Morden, Kane Powell, Duane Spicer and Susan Thompson. Staff members present were John Rutledge, LPA general manager, John Dinnebier, LPN general manager, Judy K Contner, recording secretary and Mike Gliem, water and dam supervisor.
       
       President Jeschke called the board meeting to order at 3:55 p.m. The meeting agenda was approved, as written.
       
       Board went into executive session to discuss the LPN monthly report and legal issues.
       
       Board returned to regular session. Based on discussion during the executive session, McDermott made a motion to discontinue pursuit of a potential claim against Guthrie County REC and to adjust financial statements to appropriately reflect this board action. Motion seconded. Motion carried.
       
       Chris Bauer of Shive-Hattery, Inc., and Dennis Hoover, Terracon Consultants, met with the board. The LPA has contracted Shive-Hattery to guide a spillway riprap and stabilization project. In mid-June, an area on the downstream face of the dam experienced what Hoover described as “surface slumping,” with cracks in the soil and vegetation appearing. Hoover reported Terracon employees installed markers on June 16, which were checked again June 23, and no additional movement had occurred. He also said no water seepage has been detected. Hoover outlined a Terracon proposal for soil borings and testing, combined with laboratory tests and an engineering report, to identify potential reasons for the slumping. The proposal cost was estimated at $70,000-$90,000.
       
       After discussion, the board instructed Rutledge to have Shive-Hattery include re-grading the slope at the dam in the riprap project construction documents. Rutledge also will work with Shive-Hattery to locate a company that can provide a second opinion for completing a dam inspection, to compare with Terracon’s proposal.
       
       Jeschke asked for any changes to the consent agenda. Morden moved to approve the consent agenda, which included:
       a) LPA General Manager’s report
       b) Confirmation of verbiage for Boating Regulation as approved on 5/27/08
       c) Approval of minutes from 2008 Annual Meeting
       d) Approval of minutes from May 27, 2008 board meeting
       e) Treasurer’s report, LPA and LPN
       
       Motion seconded, all ayes.
       
       The board had directed Rutledge at the May board meeting to finalize a comprehensive lot sale policy. As part of the plan, Rutledge recommended advertising 6 lots in the upper basin for sale. After discussion, McDermott moved to sell 6 lots (894, 895, 896, 897, 898 and 899) for $250,000 each. Realtors will receive a 5% commission. This will be a non-exclusive listing. Realtors will complete all closing documents. LPA will be responsible for advertising and advertising is limited to local media and signage. LPA Board reserves the right to refuse all offers. Motion seconded, all ayes.
       
       Rutledge said this winter the LPA staff will develop a comprehensive inventory of all LPA-owned lots and a complete sales plan for future submission to the board.
       
       Appointments to four standing committees had been discussed at the May board meeting but action was tabled pending individuals being contacted to see if they would serve. Rutledge and Dinnebier reported on responses by those individuals.
       
       Committee members and their terms for 2008-2009 are:
       
       Par 3 Committee: Barbara Hoehne, Par 3 ladies league chairman; Virgil Hoehne, Par 3 men’s league chairman; Bob White – 3-year; Everett Brown – 3-year; Conni Jeschke – 2-year; Kathy De Lucca – 2-year; Shirley Wiemers – 1-year; Duane Spicer – Board representative; Susan Thompson – Board representative.
       
       Long Range Planning Committee: Mark Moore – 3-year; Ken Baker – 3-year; Lee Weber – 2-year; Deanie Thomas – 2-year; Dale Dooley – 1-year; Tina Shaw – 1-year; Everett Brown – 1-year transition; Bob White – 1-year transition; Bill Douglass – Board representative; Kane Powell – Board representative.
       
       Water Safety Committee: Lyn Coulter – 1-year; Dan York – 1-year; Jim Koch – 2-year; Doug Hemphill – 3-year; Sheila Beavers – 2-year; Sue Crawmer – 3-year; Rick Jacobsen – 3-year; John McDermott – Board representative; Duane Spicer - Board representative.
       
       Planning and Building Codes Committee: Tony Hawbaker – 3-year; Dave Stolp – 3-year; Bob Akre – 3-year; Larry Hills – 2 year; Bob Vandeventer – 2-year; Mo Reimers – 1-year; Wayne Hennessey – 1-year; Bill Douglass – Board representative; Kane Powell –
       Board representative.
       
       A schedule of fines was presented by staff to take affect July 1, 2008. Most of the schedule has been in place for many years. New fines recommended by staff included $200 for failing to obtain a building permit before construction; $300 for failing to obtain a land disturbing permit; forfeiture of the $100 building deposit for being one month or less short of meeting a construction completion deadline; $200 for being more than one month past the completion deadline; and $500 if an owner of an animal which has bitten or attacked a person fails to report the incident to the LPA.
       
       After discussion, Thompson made a motion to approve the schedule of fines as presented. Motion seconded. McDermott asked for a roll call vote. Ayes – Powell, Thompson, Morden, Spicer. Nays – McDermott, Douglass. Motion carried. The fine schedule follows:
       
       Schedule of Fines
       Lake Panorama Association
       Effective July 1, 2008
       
       The following fine schedule is adopted for fair and consistent usage in enforcement of the Covenants and Restrictions and the Rules and Regulations of the Lake Panorama Association.
       
       Violations for regulations except those pertaining to boating, vicious animals and building codes:
        1st Offense $25
        2nd Offense $50
        3rd Offense $100
       
       Boating Fines (apply to boating season)
        1st offense $ 25
        2nd offense $100
        3rd offense $250
        3rd offense—loss of boating privileges
       
       Rules Enforcement Policies and Procedures
       Section 10.0 Rule Enforcement
       ENFORCEMENT
       10.1 Fines and Compensation Authorized
       (a). Penalties
       Any violation of the Rules, Regulations or Restrictions by any member, by a member’s family or by a member’s guests may result in the issuance of fines or restrictions on the access or usage of LPA member facilities or privileges.
       (b). Restitution
       In the case of stealing, defacement, damage, destruction, or other physical harm or loss to such things as LPA owned facilities, equipment, landscaping, or signage, compensation (full restitution) shall be required.
       10.2 Harassment of Association personnel
       The Association has employed security personnel to promote safety on the lake and on the road system. Our members are required to adhere to the reasonable requests and directives from the security personnel. If a member and/or a member’s guest does not follow a directive from the security personnel, or if a member or his guest harasses, attempts to intimidate or uses threatening language towards the security personnel, the member may be subject to having their privileges suspended or terminated up to one year and be fined up to one thousand ($1000) dollars.
       10.3 Penalties for Harassment
       For the first offense, the member may be suspended from using the lake for up to ten days and/ or fined one hundred ($100) dollars, as determined by the General Manager of the Association. For the second offense of this provision, the General Manager may suspend a member for up to a period of thirty days and fine the member up to five hundred ($500) dollars. For the third offense, and subsequent violations, the General Manager may suspend and deny access to the Lake and other rights and privileges under their membership for up to one year and fine the member up to one thousand ($1000) dollars.
       Section 10.4 Right to Hearing and Appeal
       When any member’s rights or privileges have been revoked or fines have been assessed as provided in this section, the member involved has the right to a hearing before the Appeals Committee as appointed by the LPA Board of Directors which shall serve as the final authority in the matter and may uphold the fine and revocation of privileges, may modify the fines and revocations, or may nullify the penalties.
       
       Building Codes Fines and Procedures
       Building Permits 2.0
       1. Failure to obtain building permit before construction--$200
       
       Erosion Control Practices Enforcement & Fines 3.07
       1. Failure to obtain land disturbing permit--$300
       Erosion Control Practices Enforcement & Fines 3.07
       3.071 Any erosion control practice (1/1/08) that is missing, damaged or destroyed will be photographed and sent a $50.00 fine via Certified Mail. A copy of the photograph will be sent with the fine.
       3.072 After receipt of the Certified Mail, the property owner will be fined $50.00 per day until the practice is properly installed as per LPA Rules and Regulations and SUDAS specifications.(1/1/08)
       3.073 If the same property owner has another violation then the fine will be $100.00 plus $100.00 per day after receipt of the Certified Letter.
       3.074 If the property owner is a habitual offender then the LPA may fine the property owner up to $1000.00 for the violation plus a per day charge to be determined by the General Manager.
       3.075 There will not be any time line extension granted to the property owner. 4/25/06
       
       Completion Time Violation 4.07
       1. Forfeiture of Building Deposit for one month or less over deadline ($100)
       2. For periods exceeding one month-- $200 per month.
       Management may grant permit extensions based on suitable factors but any extension must be applied for in writing before the completion date specified including the reasons for said extension.
       
       Violations and Penalties for Tree Cutting 6.1
       Violations of the clear cutting regulations shall result:
       1. A vegetation re-establishment plan to restore tree cover to the 50% guideline must be carried out within one year of the violation.
       2. If the re-establishment plan is not completed by the deadline, a fine of one thousand dollars ($1,000) shall be assessed and an additional fine of $100 per week shall be assessed until the re-establishment plan is completed. Unpaid penalties shall be attached to the property as a lien until paid.
       
       13.0 Building Code Violations
       (excepting procedures in Section 3)
       13.01 The following is the procedure for assessing fines except for Sections 3.0 and 6.0:
       13.011 General Manager/Staff is made aware of a violation/potential violation either by complaint or routine inspection.
       13.012 If by complaint the General Manager/Staff will go to the property to determine if a violation has occurred.
       13.013 If the General Manager/Staff determines that a LPA rule or regulation has been violated then General Manager/Staff will send a certified letter to the property owner that mandates the problem be remedied within a certain time period (usually 2-15 business days) during which time the property owner may appeal to the General Manager and/or Board of Directors.
       13.014 If the General Manager/Staff determines that immediate action is needed to preserve member’s health, safety or overall aesthetics of the LPA; LPA staff may abate the violation, or cause it to be abated, and the property owner will be charged the expense.
       13.015 If the violation is not taken care of in the allotted time then the property owner may be fined $100 per day.
       13.016 If the property owner knowingly violates it again then a $1,000 fine may be applied plus $100 per day until the violation is abated.
       
       Vicious Animal
       7.03 (f) Vicious Animal
       3. An owner of an animal 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 a bite or attack to the Lake Panorama Association within ten (10) days of the incident on forms provided by the Association. Failure to report the bite or attack as provided herein shall result in a fine of $500.00 payable by the owner of the animal to the Lake Panorama Association.
       
       Kelvin Hafner, 6925 Miller Lane, had attended the building codes committee meeting to request a variance for setback distance and storage shed size. Adjacent neighbors had provided written support. The variance would be to allow a 5-foot side lot setback and a 192 square foot storage building. The setback would match a neighboring shed that was grandfathered in. McDermott moved to approve the building codes committee recommendation to allow the variance. Motion seconded. All ayes.
       
       Douglass moved to approve a building codes committee recommendation for a rule change to increase the storage building maximum size to 200 square feet with a maximum sidewall height of 8 feet and be limited to electrical utilities. Ayes – Douglass, Spicer. Nays - McDermott, Thompson, Powell, Morden. Motion failed.
       
       Following the appearance of a political candidate at the May board meeting, Spicer raised concerns about allowing candidates to speak at board meetings, saying these should not be a forum for politics. Spicer made a motion that political candidates not be allowed to speak at board meetings. The motion died for lack of a second.
       
       Douglass told the board he will personally be placing an ad in the Panorama Times promoting his proposal for a recreation fee to be placed on the ballot next May.
       
       Spicer asked Rutledge if water rates are being analyzed for a rate increase. Rutledge said staff is evaluating an increase in quarterly water rates to offset the expenses that will be incurred for improvements to the LPA water delivery system. He said he expects to have a comprehensive proposal for the board to consider at its July meeting.
       
       Spicer stated he had heard from several members who had concerns about the summer road closing by St. Thomas More and feels this issue should be revisited in 2009.
       
       Meeting adjourned at 6:40 p.m.
       
       
       __________________________________ _________________________________
       Judy K. Contner - Recording Secretary Susan Thompson - Board Secretary