LTPOA Meeting Minutes - October 12, 2004

[These minutes have not yet been formally approved by the LTPOA BoD — jmh]

The meeting opened at 7:05 p.m. with the following board members present: Matt Holloran, Ron Sansone, Pat Harting, Becky Harper and Chris Townsend. 24 lot owners were present.

The minutes of the September 14 meeting were read and approved with the following corrections. The final date for inclusion in the newsletter is October 17. 1,200 sq. ft. is the minimum square footage for new construction, excluding the garage.

President Sansone reported on the garbage collection. Waste Management has agreed to change our pick up day back to Monday however; it may take a few weeks in order for them to switch other routes. It was also suggested that garbage collection be put out for bid next year. The Sewer Committee will meet at the clubhouse tomorrow evening, October 13, at 7 p.m. Mr. Brunjes the sewer engineer and Mr. Kemp, the County Commissioner will be guests at the meeting. Everyone is welcome to attend. Ron again announced that the Wednesday prior to the monthly Tuesday meeting is the "Pre-Board Meeting". He said that this meeting is also open to everyone. The intent of the meeting is to get organized for the Tuesday meeting. The only time the meeting would become private is if personal or financial matters for a particular lot owner needed to be discussed. As many board members as possible will be at the meeting to answer your questions.

Ron presented a form from Jerry Uhlenbrock, Ecology, which can be filled out and mailed to him if there are questions concerning the ecology at the lake. This form will be available at the meetings and also posted on the web site. Jerry and several residents inspected the main stream which feeds the lake after the county found high readings of E. coli. They are trying to determine the source of the contamination so it can be stopped.

With regards to the audit, Ron said that this could get expensive, up to $80 per hour, so he was in the process of talking to Phil Dodge to see if we could do the proof work ourselves before turning it over to an accounting company for them to ok. Phil was the treasurer before Dale Farwig and has worked on the lake's audit in the past. Just as with trying to do as much of the audit work ourselves in order to save money, talking to the attorney is also trying to be done as little as possible as their charges are also very high. In respect to curtailing expenses, Ron expressed appreciation to the volunteers for all their work around the lake and also to Roger Hovis who has now taken over the operation of the gate. He is now working on the cameras getting them back in working order.

Treasurer's Report

Linda Fulford was not able to be at the meeting due to a conflict. However, going forward she will be at the meetings. In her absence Pat Harting read the treasurer's report. Linda wanted to remind everyone that all property assessments are due immediately. Lake Tishomingo property owners have a very tight budget for this year and it is imperative that all assessments are paid in order to insure Lake Tishomingo can meet their financial obligations. Matt Holloran made a motion to accept the treasurer's report, seconded by Chris Townsend, motion passed. Chris Townsend had a question with regard to the amount of unpaid assessments. He said that with great effort the amount had been reduced to a little over $23,000. Pat replied that she and Linda had called all those who were delinquent. The amount now owed is $23,710. Letters will be sent to these individuals and liens will ultimately be placed on the property.

Ron discussed the insurance payment. He said that last year the insurance cost was $17,000 and this year it will be $13,600, we have saved $4,000 in premiums. We have also upped some of the insurances. The community building was insured for $90,000 and this has been increased to $220,000 which only cost us another $200 in premiums. Last year there was $85,000 on the dredge and this has been reduced. We were able to get some competitive bids and the insurance agent was very cooperative in that he knew that we were talking to other companies. However, the biggest insurance liability we have is the dam and there are only two or three companies that will insure dams. This expense is approximately $8,000. The only item still to be determined is the pavilion. Insurance companies do not like to insure open structures. The price quoted was $330. The full coverage on the older trucks which are approximately 8 to 9 year old has been removed to just liability so that again saved a lot of money. We now have much better insurance for approximately $4,000 less.

Security Director

Ray Lauer was not present at the meeting and his report was read by Pat Harting (see page 15). Roger Hovis reported on the operation of the gate. He said that he had to assist one car that was being denied access, the resident called Roger and the problem was solved. He also stated that one car had been denied access while using the dial in codes and had subsequently broken the gate to gain access. Particulars on the car were taken and the matter is being investigated.

Building Director

Becky Harper reported on the following:

K24, Goetz - Family room/storage addition over the garage, no bathroom is being added. Permits have been granted by the county. Matt Holloran made motion seconded by Becky Harper to grant permit. Permit granted.

N8, Kidwell - Upgrade of shed. Owner wishes to put siding on the shed to match the house. The shed was on a piece of property they have just acquired. Matt Holloran made a motion seconded by Becky Harper to grant the permit. Permit granted.

F47-49, Schmidt - Attached garage. Everything was in order. Becky Harper made a motion, seconded by Matt Holloran to accept. Permit granted.

F29, Hirsch - Addition to home and garage. Also, the carport is being enclosed. No plumbing is being added. Becky made a motion to accept, seconded by Matt, permit granted.

Becky then brought up the Donaway issue. This is very obvious to anyone who lives on the south side. There is an improper driveway with no proper drainage causing mud and debris not only on the road but into the driveways of lot owners. Numerous calls have been made by Becky about this but it appears that the only solution is to go to the lawyer and get a stop work order. Matt said that a lawyer would simply send a letter to the lot owner stating that he had to put in the proper drainage and display his permits etc. and he was not sure that this was not cost prohibitive. Rick Hannick said that sometimes it becomes a matter of principle, we ignore this or that and the lot owners then do what they please. At some point money has to be spent to stop this. Also, Mr. Donaway is building a speculative house and he will be gone as soon as the house sells and the lake still have to deal with the situation. Chris Townsend said that he thought it was possible to go to the court and ask for an injunction without a lawyer. He would check this out. Ron asked Becky to give him a list of the various issues and the times they had tried to contact Mr. Donaway. It was noted that one of the residents across from the property was in the process of hiring his own attorney.

Ron then reminded everyone that Mr. Kemp would be at the sewer committee and this would be a good opportunity to talk to him regarding the granting of permits by Jefferson County. Lou Harting asked if we have a statement from the county stating that they must have our approval first before they issue a permit. Chris replied that the county is not interested in the lake as it is too small. They are only interested in the growth of places like Raintree, Festus and Imperial. Therefore we have to take the initiative ourselves if we wish to maintain the integrity of the lake. It was decided to talk to Ed Kemp at the Sewer Committee meeting to see what could be done regarding Donaway.

Maintenance Report

Matt said that the leaves are coming and he asked all residents to please rake and burn their own leaves and keep their culverts clean as the number of volunteers had dwindled down. He said that clogged culverts caused water to get under the asphalt and damage the roads. He asked anyone who has any time, not just during Saturday mornings when the volunteers are working, but any time you have to help with leaf removal. The next volunteer day is Saturday October 14. Lou Harting asked for more volunteers to help with this enormous task. The volunteers cleaned up the spillway and the dam area of kudzu. Matt and Ron will take their backhoes for the heavier items still remaining. Matt then discussed snow removal. He said the equipment will be operational by this weekend. However, volunteers would very likely be called upon for snow removal and salt spreading. However, the question of insurance would have to be looked into if this was done by volunteers. In connection with insurance residents would be asked to park their vehicles off the road so that the snowplow would not have to negotiate plowing around them. In the event that volunteers were not available outside help would be needed. He said that last year approximately $5000 was spent. This year they are predicting much more snow and it will cost up to $3000 each time the roads are plowed. He said that if you know anybody who would be interested please call him. More salt needs to be purchased but Matt is hesitant to purchase it due to cost restrictions. If an outside source is used the cost will include salt. Budgeting for snow is almost impossible. Janet Hirsch will place a notice in the newsletter stating that volunteers were being sought for snow removal, but that they would have to be full time residents. The problem of dead trees by the side of the road was also discussed. It was suggested that Ameren be called with regard to the branches that were very close to the power lines. Matt said that he would call them. Marilyn Meyer brought up the question of gravel driveways. Matt responded that it was being discussed to enforce people not only on the second tier but also the ones on the lake to have their driveways paved. Ron was looking into getting a contractor to give a price to everyone who wanted it but Matt pointed out that with winter coming on it was not advisable to pave.

Finance Committee

At the finance committee on September 23, the committee came up with a list of methods to pursue the delinquent assessments. First a list of names and phone numbers would be compiled and these individuals would be called. Secondly those individuals would be sent a letter stating the amount due, the final date for payment and a lien would be placed on the property is not paid by then. The letter would state that legal fees and court costs would have to be paid also. It was also suggested that the names and amounts due should be posted in the newsletter. Matt explained that even if this was done years ago, legally you now cannot do that as the lot owner would very likely sue the lake. Finally, a lien would be filed against the property. In connection with the audit, the committee is working on getting names and bids from accountants. With regard to title transfers, a way is needed to keep track when property changes hands because if the title company does not inform us we do not know. It was decided that an inquiry from a title company should be followed up on to see if a closing did in fact take place. It was noted that the prior board sent out letters and then contacted a lawyer if the assessments were not paid by September 1. The lake restrictions clearly state that the assessments are delinquent if not paid by September 1. However, in reality due to processing times, checking bank statements etc. that date is difficult to achieve. Ron said at present we have five people in court prior to this year's unpaid assessments. The idea behind sending letters, calling them on the phone and filing our own liens is that as many residents as possible will pay so that we only have a few names to give to the lawyer.

Web Site

The newsletter deadline is October 17. Items for the newsletter will include the need for volunteers, names of people to contact regarding snow removal and a security update form for both cars and boats and the numbers on the security passes. Tim Schryver suggested that the part time residents be asked to come out and take care of the leaves on their properties.

Boat Patrol/Security Gate

Roger Hovis reported that there had only been one incident involving the boat patrol this past month. A cable needs to be repaired on the boat and cost was thought to be in the neighborhood of $140. Roger also reported that he was looking into either trying to repair the gate camera or purchase one that was designed to be more specific to our needs. The fact that the camera had already been replaced three times was discussed. President Sansone then explained that a new camera would also have a motion sensor so that it would only be operational when needed. Matt said that he would get some pricing. Roger also said that he was trying to change the tape less frequently than every day.

Old Business

An update on the unemployment of our former Lake employees was requested. Has this changed our unemployment rate any? President Sansone said that the rate goes up, the only question is whether they were actually full time, as this would make a big difference. Ron would discuss this with Linda with regard to the timing of filing the claims. The question of whether they were currently working also had a bearing.

New Business

Chris Townsend recommended the formation of a silt committee, on the lines of the finance committee. Matt reported that he had an inquiry from the company which sold us the dredge to see if we would lease the dredge for $15,000 per month. The liability involved is far too great to lease it. Leasing it with a security deposit was also discussed. Winterizing the dredge was now necessary. Becky Harper said that she would take care of getting the service pump out of the water.

Mrs. Fitzgerald questioned the number of political and for sale signs that we now have around the lake. The restrictions allow for one for sale sign of no more than 3' x 5' per house. This has been taken to court in the past and one for sale sign is allowed. With regard to no trespassing signs one resident said that it is not possible to press charges unless a no trespassing sign is posted. In response to this it was noted that purple paint on the trees is considered just as good as a sign.

The question of dogs running free around the lake was discussed. It was requested that a letter be sent to these dog owners. Some of the dogs are not only defecating in other people's yards but the killing of a domestic duck was observed. The problem with calling the Jeff County animal control is that by the time they arrive the dog has already gone. Animal control will however loan us traps to catch the dogs. There is however a leash law not only in the county but also at the lake. A resident who walks the lake every morning has been bitten 7 times.

Ron Sansone asked for someone to volunteer to obtain a list of those homeowners who need to pave their driveways.

Rick Hannick suggested a committee be formed to go through old records to review the bylaws and the lake's restrictions that have been passed in the past.

There being no further business, Ron Sansone asked for a motion to adjourn, motion made by Matt seconded by Becky. Meeting adjourned at 8:15 p.m.

Respectfully submitted

Pat Harting