Beaver Lake Association
Board of Directors
August 21, 2008
7:30 P.M.
Roll Call:
Toombs President Present
Reineke Vice President Present
Egelston Secretary Present
Goller Treasurer Present
Incontro Present
Garner Present
Clawson Present
Approval of the June 2008 Board Minutes
Motion was made by Goller, seconded by Clawson to approve the June 2008 Board of Directors minutes.
Approval of the July 2008 Board Minutes
Motion was made by Goller, seconded by Clawson to approve the July Board of Directors minutes.
Discussion: Robin stated that the minutes have been corrected to his satisfaction.
Jim Holcomb stated that he would add that a statement should be added that an attorney should handle the issue between himself and his neighbor. The Board of Directors accepted his proposed change 6 to 0. The motion carried unanimously.
Building Inspectors Report
To date there have been 3 permits for residences issued.
It was noted that we are behind in the # of residences being built for the year.
Motion was made by Incontro, seconded by Goller to accept the July Building Inspectors report.
Committee Reports
Utility Committee
Rick Croasdale reported
Rick read aloud the various items on the August Utility minutes. Some of the items are as follows:
- The utility staff accomplished the replacement of a recirculation pump at the water treatment facility.
- The utility staff is currently in the process of replacing a concrete lid on lift station #4 due to safety issues.
- Regulations from the state were being reviewed concerning the fluoridation of the drinking water.
Motion was made by Egelston, seconded by Clawson to approve the power wash and painting of the south water tower. Discussion: Jay asked if it was prudent at this time in regards to the shortage of revenue in the budget due to the lack of homes being built.
Lou also stated that the budget should be considered. Motion was defeated 6 votes to 0.
Ed Krof mentioned that a crop duster was making banking turns over the lake and seemed to be dripping his contents into the lake.
Al Toombs requested Troy to comment on the fluoridation regulations from the State of Nebraska.
Troy explained that after further discussion with State personnel, Beaver Lake is not required to add fluoride due to being a private development.
Motion was made by Incontro, seconded by Reineke to accept the Utility Committee minutes. Motion carried unanimously.
Finance Committee
Lou Soukup reported
Lou reported that the income is down $32,000 and the expenses are up year to date by $8,000.
Lou stated that the line of credit at Murray State Bank is completed.
Lou mentioned that the capital improvement needs for the balance of 2008 were discussed in relationship to the budget revenue shortage.
It was discussed by the finance committee as to whether or not to proceed with dam site #2 in relationship to the unexpected lower revenue.
Lou stated that the receivables are down from one year ago. Last July was $107,000 and in July 2008 it is $50,000.
Motion was made by Goller , seconded by Reineke to accept the 4.5% increase in Murrays sewer rates as documented in the files of BLA. Motion carried unanimously.
Motion was made by Garner , seconded by Reineke to approve the finance committee minutes . Motion carried unanimously.
Appeals Committee
No Meeting Held
AdHoc Committee
No Meeting Held
Election Committee
Mary Braatz reported
Mary reported that the Board wouldn’t accept two of there minutes in July due to the lack of information or content in the minutes.
Motion was made by Garner , seconded by Egelston to approve the July 16 Election Committee minutes. Motion was defeated 4 votes to 3. Roll call as follows: Toombs, No; Reineke, No; Egelston, No; Goller, No; Garner, Yes; Incontro, Yes; Clawson, Yes
Motion was made by Garner , seconded by Incontro to approve the July 30 Election Committee minutes. Discussion as follows: Jay stated that the minutes should be accepted because they are the Election Committee minutes and not a transcript of the meeting. It’s rude not to accept there version of the minutes. Motion was defeated 4 votes to 3. Roll call as follows: Toombs, No; Reineke, No; Egelston, No; Goller, No; Garner, Yes; Incontro, Yes; Clawson, Yes.
Motion was made by Clawson, seconded by Goller to approve the August 5 Election Committee minutes. Motion carried unanimously.
Jay stated that it is offensive not to accept there minutes in light of the work they have done for the Board.
There was much discussion concerning the content of the election minutes.
Several people voiced there opinions to the Board about how the committee is being treated by the Board.
Motion was made by Garner , seconded by Incontro to approve the July 8 Election Committee minutes. Motion carried 5 votes in favor and 1 abstention.
Motion was made by Clawson , seconded by Incontro to approve DCF 125. Motion was defeated 4 votes to 2
DCF would have changed Section II By-laws, Article II Members, Section 6 Notice Page 15 BL Handbook
Section 6. Notice
From Written or printed notice stating the place, day and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered no less than ten nor more than fifty days before the date of any meeting of the Regular Members, either personally or by mail, by or at the direction of the President, the Secretary, or the persons calling the meeting, to each Regular Member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States Mail addressed to the member at his address as it appears on the records of the Association, with postage thereon prepaid.
To: Notice stating the place, day and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered no less than ten nor more than fifty days before the date of any meeting of the Regular Members.
Motion was made by Incontro, seconded by Garner to approve DCF 126.
Motion was made by Clawson, seconded by Incontro to table DCF 126 for further review by the attorney. Motion carried 5 votes to 1.
Motion was made by Garner, seconded by Incontro to approve DCF127 with the correction of article III being changed to article II. Motion was defeated 4 votes to 2.
DCF would have added to the end of Section 4, Member Initiative Page 15 BL Handbook
All petitions and special elections procedures must meet requirements of Article II, Section 12 of the Beaver lake Association by-Laws (Referendum by Membership)
Connie Soukup stated that the DCF’s are a cross reference between the election procedures and the By-laws.
Property & Safety Committee
Rick Croasdale reported
Rick reported that the committee is planning to budget a modular floating docking system for the area by the west pavilion. This is planned for 2009.
The committee is working on several projects like rip rap on lot 968 access area, inventory of access area amenities, and repair of a washout near Ralston Rd. and Beaver Lake Blvd.
The committee is concerned about the spread of the aquatic plants located in the pond at R.L. #8. The committee recommends that the plants are removed.
The committee requested a review for sign placement at the intersection of Bellevue Dr. and Elm Creeek Rd.
Another review of sign placement is requested at the intersection of Monroe Rd. and Beaver Lake Blvd.
Motion was made by Reineke, seconded by Egelston to research the best means to remove the aquatic plants on R.L. #8 .Motion carried unanimously.
Motion was made by Incontro, seconded by Garner to place a stop sign on westbound Beaver Lake Blvd where it meets Monroe Rd. This motion is also to deny sign placement on Elm Creek Rd. Motion carried unanimously.
Motion by Clawson , seconded by Incontro to approve DCF 128 concerning the planting of aquatic plants. Motion was defeated 6 votes to 0.
Gene Volcek stated that it used to be in the handbook that aquatic plants could not be placed in or around the lake.
Motion was made by Reineke, seconded by Clawson to approve the Property and Safety committee minutes. Motion carried unanimously.
Lake, Habitat, and Fisheries Committee
Dan O’Brian reported
The committee acknowledged the shoreline stabilization letters had been sent out to lots, 74, 77, 108, 307, 768, 775, 1038, 1060, & 1069 as requested last month.
Norm Koester has been working on the plans for damsite #2 and in the upcoming month we will be working on easements for the Breach Route.
Motion was made by Garner, seconded by Incontro to approve Lake, Habitat, & Fisheries committee minutes. Motion carried unanimously.
Security Report
Al stated that there were 10 citations for violations on the lake and 8 citations given out on land during the month of July.
Old Business
Well project update:
Al stated the alternative water source project is not dead. That the board is going to move forward with the project with some modifications to the scope.
Al announced that the board has met with the Engineers on the project. And the Board was meeting with the Well Driller next Wednesday August 28, 2008 to review possible sites to drill the well.
Robin stated that he believes the board has changed the objectives of the project from maintaining the lake level to mainly an alternative drinking water source.
Jay read aloud an e-mail that was sent to him from Tom Egelston on June 23rd asking how the scope of the well project went from the alternative water source to maintaining lake level. Egelston also stated how well the last board and the committees for the project had done a great job collecting their information. Jay stated he e-mailed Tom back on June 24 and stated the board thought the scope of the well for just drinking water was to small that they were going to broaden it to maintaining the lake level and alternative drinking water. The notes that Al had sent out were dated and Al was not present at all of the meetings. Jay also stated that the e-mail was sent out to the other members of the board and Tom is the only one who responded. Jay also stated that time is running out on this project and that we need to get going otherwise Beaver Lake will be out of luck and we need the alternative water source.
Al stated that the board will be moving faster on the project. The new board members needed time to gain the knowledge on the project before they could respond and move forward.
Don Tex asked the board what criteria they have changed in regards to the project as it was first presented by the past board.
There was a lengthy discussion concerning the difference between the projects under the 2007 Board of Directors vs. the 2008 Board of Directors.
Don Tex asked if the $600 assessment is going to be returned to the people because the scope of the project had changed since the assessment.
Al responded that the Board has approved that $400 of the $600 can be returned at this time upon written request from the property owner. If the project does not proceed the remainder will refunded to the owner.
Ed Krof stated as you keep water going over the dam, the surface of the lake will remain cleaner. It doesn’t matter where the input to the lake is for the lake surface to raise enough to drain over the spillway.
Jim Holcomb stated he paid his assessment based on the original project scope. How can this board change the scope of the project that a previous board had set up and people voted on.
Jon Lockwood asked why we would drill in an area that was deemed non-productive for water extraction as presented to the last board. Jon read a document on a study done by the University of Nebraska at Lincoln stating there was only one place around Beaver Lake that a well could be drilled to produce enough water to have sufficient drinking water and to maintain the lake level.
Larry Deaver stated he would like to see more open communication between the Board and the Lake Restoration Task Force.
Motion made by Garner, seconded by Incontro to return the $600 special assessment fee due to the fact that the project scope has changed. Motion defeated 4 votes to 3
Jay asked if the scope of the project had changed.
Al stated that the scope has changed in that the County Commissioner wasn’t giving an easement and they also don’t wan the pipeline to be installed in the north abutment of the dam.
New Business
Motion was made by Reineke, seconded by Goller to deny Ed Bedels request for the placement of a potable toilet on Lot 915. Motion carried 5 to 1
Motion was made by Garner, seconded by Reineke to approve the $200,000 line of credit at Murray State Bank. Motion carried unanimously.
Dam Site #2 Update:
Troy reported that he and Norm Koester are working on obtaining the easements for the breach route for dam site # 2. More information will be available next month.
Motion made by Goller, seconded by Reineke to install a Tornado Siren or the pole for the siren at a cost of $2000 out of this year’s budget and budget the siren in the 2009. Motion carried 4 votes approved and 1 abstention.
Marilee Mullen made a request as follows:
I request the Beaver Lake Association Board of Directors vote to adopt the Nebraska Open Meetings Act as part of the BLA by-laws. Where the intent of the act is to include the public, the term “public” shall be replaced with Beaver Lake Association Members in good standing.