Board of Directors Minutes 3/28/24

Minutes published in this paper are abbreviated.  A full account can be heard online at www.hiddenvalleylakeindiana.com.

HIDDEN VALLEY LAKE PROPERTY OWNERS ASSOCIATION

BOARD OF DIRECTORS MEETING

Thursday, March 28, 2024 at 7:00 p.m. -8:30 p.m.– POA Lower Level

UNAPPROVED MINUTES

Board of Directors Members Present:

Patricia Hawkins, Michele Schneider, Grant Smiley and Robert Starks

Board Members appearing via ZOOM:

None

Board of Directors Absent:

Donna Yetzer

Community Manager Present:

Dave Wismann

March 23, 2024 Motions:

  • Motion to Approve February 22, 2024 Minutes—Board Secretary
  • Motion for Approval of Lake Treatment contract—Community Manager
  • Motion to Approve Performance Bonds for Return 03/28/2024—Architectural Committee
  • Motion for Request for Variance for Pete Witt, Lot 3157H, 19207 Par Drive.  Requesting a 25’ variance on the rear setback of the property for a fence.  Property adjoins the Golf Course—Architectural Committee
  • Motion to add the following policy to the HVL POA Standard Operations Procedures (SOP) (Removal of a Board Member from the POA Board of Directors)—Future Planning
  • Motion to add the following policy to the HVL POA Standard Operations Procedures (SOP) Board Vacancies During a POA Board Election)—Future Planning
  • Motion “To authorize the implementation of a billable advertising procedure for Echoes/Happenings.”—Future Planning
  • Motion “To authorize the implementation of a new all-encompassing HVL Community Preference Survey.”—Future Planning
  • Motion to Approve First Reading of Bylaws revision and Rescind previously Approved First Reading—Safety & Security
  • Motion to Adjourn.

Call to Order:  Robert Starks

President, Robert Starks called the Board of Directors Meeting to order at 7:00 p.m.

Pledge of Allegiance:

The meeting began with the Pledge of Allegiance.

President’s Report:  Robert Starks

Good evening, Everyone, and welcome!  Please silence or turn off your phones.

First, some old but very important business.  Our case with the State Attorney General is still open.  Jon Libbert of JD Forensics, Inc. is a professional Forensic Auditor.  As you see in Jon’s resume, he has testified in numerous cases of fraud in courts across multiple States. Jon has reviewed our processes and has spent time with our regular auditor, Tom Bowns of Flynn, and Company, along with our staff.  Jon’s professional opinion is that our financial processes are excellent and that our funds are accounted for.  JD Forensics spent time on this between September 2023 and February 2024.  The fee for this work is $3,480.75 after a substantial discount.  JD Forensics has provided the accuracy assurances that we were looking for.

Steve Van Wassenhove from Willie’s Sports Cafe repaired the roof shingles some time ago, but the problem continues to come from the stoves and grilles exhaust systems.  Steve reports that he has contacted a very knowledgeable company to inspect exhaust systems in Willie’s.  It took him over a year to get this company to come out.  However, they are extremely professional and knowledgeable.  Steve has decided to replace the entire systems for both hood systems.  The hoods are still part of the original kitchen equipment.  The new systems should last another 20-30 years with minimal maintenance.  With the inclusion of the ladder and stairs for roof access which makes cleaning and servicing easier and safer, this should fix all unsightly issues.  Steve is covering the total cost, and the investment will be around $25,000.  This equipment will be utilized well into the future.  He appreciates everyone’s patience with the roof.  The new system will take about four weeks to be built and installed.  A crane must be used for part of the installation.

REMC has appointed Randy Frye to manage property restorations for them.  Randy was previously our Indiana State Representative.  His co-worker is Aaron Allen, and they both have many years of experience working with Fiber cable.  They are working together, and with both Midwest and Lawn Pro’s Landscapers, to get our properties repaired.  They realize that some people have more damage than others.  Over the coming weeks we hope to see a tremendous amount of restoration work completed.  Randy emphasized and reiterated to the contractors the need to do a good job.  As he said, REMC wants the repairs done correctly.  If they do not, let us know so we may report your problem to Randy at REMC.  For the seed to sprout and grow, it needs water.  Please provide water if possible.  Watering in the morning and again in early afternoon is best, but any watering will be helpful.  If your yard has been repaired, and you are dissatisfied with the service, please let us know.  In every weekly Happenings, there is an article with a link to a form to request a renovation review.  Additionally, on the Welcome page of the Hidden Valley Lake website, just below the Community Forum, there is a link called “Fiber Restoration Request”.  Click on the link, and it will take you to the form.  Again, please add water if possible.  The Board thanks David Wismann and Rich Gannon, because they are the primary reason that we are getting this increased level of support.

On another subject, the ongoing maintenance and repair of our many amenities, especially our roads, is a major concern. As a result, it was decided to hire an outside consultant to look at our many amenities and infrastructure and make recommendations.  We just received a draft copy of this study.  The study includes both the HVL POA Properties and the Golf Course, which is listed separately.  The list has 391 items for the POA and 75 items for the Golf Course.  We own many valuable amenities and equipment.  This includes buildings, vehicles, roads, culverts, a pool, shelters etc.  Our first task is to verify these lists are complete.  There are several questions and missing items and other issues that require more time and input to complete.  I did not fully support doing this study based on my past experiences, but I now realize that my experience was in highly specialized businesses.  Miller Dodson specializes in HOA’s and POA’s.  They have done many studies in communities such as ours and have fine-tuned the process.  They have years of experience that we needed.  Of course, you are asking what is the bottom line?  Please keep in mind, there is still much work to be done, but we also need to be prepared.  According to this draft plan, we are short of funds for this year.  But this also dovetails with some of the work that we are doing behind the scenes to find ways to reduce costs.  This is a forty-year plan and calls for about forty million dollars over forty years for spending on replacements of equipment and maintenance of infrastructure for the POA.  The Golf Course is not included in that number.  The most significant cost item is lake dredging planned for the year 2039 and 2059.  Which is far in the future and is only 20 years from the previous dredging.  This is one indication of the many ways we may reduce the total cost.  The Finance Committee requested and received this report.  We look forward to their help to have a solid plan for the next few years as well as the next forty.  Part of our contract with Miller Dodson calls for a video presentation made exclusively for HVL, and it will be presented to you once the study is complete and the video is available.  We need to verify the 466 items, add in any missing items and make other changes before reporting this back to Miller Dodson.  They will then finalize their report.  Please understand that this is only information on a draft report that is in process and being worked on.  There are many things that still require our attention.  Therefore, significant work remains to be done before we know the bottom line.  Below you will find the price quotations that were received for this project.  After interviews and due diligence, Miller Dodson was chosen.  The Board changes frequently and long-range planning will provide the tools needed for this Board and future Boards.

RESERVE STUDY 2023
Company NameReserve Specialist?Physical Analysis?Financial Analysis?Price
GlobalYesYesYes$8,400 
J Hershey Group YesYesYes$29,350 
Criterium-Cincinnati EngineersYesYes $20,000 
Association ReservesYesYesYes$47,000 
Miller DodsonYesYesYes$13,755 

As you know, we have a motion on the table from the Lakes Committee, and we recently held a town hall meeting to share information about wake surfing and high wake.  We heard the pro and con sides, but we also heard a third call-compromise.  We have sent out a ballot, and we are asking the community if they wish to consider a compromise on a test basis?  If the ballot is accepted, we plan to temporarily set aside the current Lakes Committee motion.  Please review and return your ballot promptly.  It needs to be returned by April 15, 2024.

We currently have three candidates for the two open Board positions.  Please attend the candidate’s night next week and meet your HVL candidates.  We look forward to welcoming two new people to your Board next month.  I do not want to steal George’s thunder, but we are working together for a meet the Candidates for public office.  It will be held April 18 at 7:00 in Willie’s lower level.  So far, we have about a dozen candidates, both Republican and Democrat who plan to attend.  I expect that list to grow.

I know I am premature, but the next meeting will likely be very busy, so I take this opportunity to thank Grant Smiley and Donna Yetzer for their outstanding service to our community over this past year.  Your time and efforts have been greatly appreciated.

Treasurer’s Report:  Grant Smiley

Note:

  • All amounts are rounded to the nearest dollar.
  • HVL POA plans annually for a balanced budget. (i.e., anticipated annual expenses are planned to not exceed anticipated annual income)
  • Some infrequent expenses are predictable such as replacement of vehicles, maintenance of our roads, the many lake dams, swimming pool liner, lake dredging etc. Funds are reserved each year to cover those future expenses and are included in the totals.
  • Projected cash at year end is generally equal to zero dollars plus reserved funds for above mentioned expenses as well as necessary reserves. Reserves include two months of operating capital, capital for asset purchases, and Architecture bond payments to be refunded.
  • All financials will be audited by an outside auditor annually.
  • Q. 14:30 Resident states concerns about the POA supplying money to Golf Course in the event of need and should have emergency funds states the Golf Course is part of the POA and be included in the two months of emergency expenses in the budget.
  • A. Board states that The Article of Incorporation states that sub-corporations are not to be added.
  • Q. 18:27 Resident questions Grant Smiley about the Capital Reserve Funds (is fund new).
  • A. Board states it is not new.

Secretary’s Report:  Grant Smiley

  • Approval of February 22, 2024 Minutes tabled as three current board members were not present in February.

Community Manager’s Report:  Dave Wismann

Office

The office will be closed tomorrow, March 29, for Good Friday.

We have two seats up for election in 2024. We have three (3) nominees. Your votes should be returned by the third Monday in April (the 15th this year).

Golf Course Report

This is the 50th Anniversary for the golf course, and they are planning some activities to celebrate. The first event will be April 8th for the Eclipse event!

Fiber Optics…

SEI hosted a Fiber Town Hall meeting at the Golf Course on Saturday, March 2, which was very well attended.  The hot topic appeared to be learning how to access the fiber system and hook up things like TV and internet.

Maintenance Team

We will offer yard waste drop off during the month of April.

Lakes

  • (Approximately 27:00) Sealed bids from three (3) lake treatment companies are opened with Lakes Committee Co-Chair, Jill Bittner and presented to attendees and Board.  Lakes Committee to choose the best option for community.
  • Motion for Approval of Lake Treatment Contract to be Made by Lakes Committee made by Patricia Hawkins and seconded by Grant Smiley.  Motioned passed 4-0.

Hampton Dam

A resident noticed the level of the lake by Hampton was higher than normal.  The golf course maintenance team found that the overflow pipe was clogged, but they were unable to clear it out.  As the water lowers, they will continue to try to clean out the pipe.  Our Natural Resources team is also clearing brush that has grown on the other side of the dam.

  • (Approximately 32:00 Discussion regarding bagging yard debris waste.

COMMITTEE AND CLUB REPORTS:

Architecture Committee Report:  Tom Cross

Performance Bonds for Return 3/28/2024:

Lot # 3341H Trinity Homes, Inc.

Property Address 19713 Alpine Drive Bond Amount $500.00

City, State, Zip Lawrenceburg, IN 47025 Dues Owed $0

Fine/Fees Owed $0

Lot # 2091H Thomas & Sharon Martin

Property Address 1537 Brabamhurst Drive Bond Amount $500.00

City, State, Zip Lawrenceburg, IN 47025 Dues Owed $0

Fine/Fees Owed $0

Lot # 1150H Robert & Kelly Will

Property Address 20453 Meercham Way Bond Amount $500.00

City, State, Zip Lawrenceburg, IN 47025 Dues Owed $0

Fine/Fees Owed $0

  • Motion to Approve Performance Bonds for Return 03/23/2024 was made by Grant Smiley and seconded by Michele Schneider.  Motion passed 4-0.
  • Motion for Request for Variance for Pete Witt, Lot 3157H, 19207 Par Drive.  Requesting a 25’ variance on the rear setback of the property for a fence.  Property adjoins the Golf Course made by Patricia Hawkins and seconded by Grant Smiley.  Motion passed 4-0.

Finance Committee Report:  Ralph Shaw

Versus prior year, income is up $33K, while expenses are up $6K, so through two months operating income is $27K ahead of last year.

However, you can see our expenses are up almost $50K compared to the budget.  We are only two months into the year, so most of these expenses will smooth out and are not a concern, but there are a couple areas of concern:

  1. Dues/assessments are running $3K/month behind budget, which may be caused by the mix of houses/lots.  If this continues, we could end up $36K behind budget.
  2. Bank Fees are running $1500/month over budget.  This is caused by the fact that we cannot charge the customer the 3% surcharge on debit card swipes.  This could cause an $18K unfavorable variance to budget if it continues.

Between these two items, we may have a $50K budget shortfall for the year.  This is something we need to keep an eye on, and if necessary, we will need to reduce spending in other areas, or reduce capital spending.

Future Planning Committee Report:  George Lortz

Initiatives in 2024:

  1. Communications Task Force projects
  2. 3R (HVL Refresh, Repaint and Repair) Task Force projects
  3. POA Long-range planning projects
  4. POA By-laws update projects
  5. POA SOP Updates
  6. Assist with HVL town hall meetings
  • Motion “To authorize the implementation of a billable advertising procedure for Echoes/Happenings” made by Grant Smiley and seconded by Michele Schneider.  Motion passed 4-0.
  • 48:00 Resident questions editorial policy (written policy) for Echoes and it is discussed.
  • 56:30 Discussion regarding the below suggested Motion between board and attendees takes place.
  • Motion “To authorize the implementation of a new all-encompassing HVL Community Preference Survey” made by Grant Smiley and seconded by Patricia Hawkings.  Motion passed 4-0.
  • 105:30 Brief discussion regarding by-law changes to be explored after this election period.
  • Motion to add the following policy to the HVL POA Standard Operations Procedures (SOP) on hold for further review by Patricia Hawkins.

Removal of a Board Member from the POA Board of Directors

At any special meeting of HVL POA members called for such purposes, an election may be requested for the removal of any member of the POA Board of Directors who has been elected by POA members from such office either for or without cause by an affirmative vote of a majority of POA members qualified to vote in a POA Board of Directors election.  Should a director be removed from office through this election, the remaining Board of Directors shall fill the term of the removed Board member.  The vote for the removal of a Board member from office shall be conducted by the Elections Panel under the guidelines specified in the HVL POA By-laws 1-3. Elections Policies and Procedures sub-section 1-3-7. Special or Referendum Elections Procedures.

If the member of the Board was originally appointed as a Board director and not elected, that director may be removed from such office by a majority vote of the POA Board members and the remaining Board of Directors shall fill the term of the removed Board member.

Discussion:

The following By-law was deleted sometime after the following document was in affect:

By-Laws Property Owners Association as Amended February 22, 1979

Article III Board of Directors

Section 4. Removal of Directors

Original By-law wording:

Section 4. Removal of Directors.  At any special meeting of members called for such purposes, any member of the Board of Directors may be removed from such office for or without cause by an affirmative vote of the majority of the members of the class originally entitled to vote for a seat on the Board of Directors which he occupied, and a successor may be elected at the same meeting by a vote of the same class of members to fill the unexpired term of any director so removed shall be deemed to create a vacancy on the Board of Directors elected by the same class of membership in accordance with Section 3 of this Article.  Except for the distinction as to which class of membership votes for the seat, all directors once elected shall have equal powers, rights and duties and no distinction shall exist.

Board Vacancies During a POA Board Election

Should a vacancy on the POA Board occur between the time that the printed Board election ballot is mailed and the announcement of the election winners at the Annual Meeting, no person listed on the ballot shall be selected to fill the Board vacancy.

Discussion

In a typical year, this time period is approximately four weeks in duration.

  • 1:08 Attorney advisement of removal of a board member is shared with attendees by Board member Patricia Hawkins.
  • 1:11 Resident asks where (SOP) can be found.  Pat Hawkins informs attendees that it will be posted when the bylaws are completed and shared.  Further discussion continues about who can be voted out and by whom-community vs. Board.  Should person/s be appointed if they are running for a current Board elections and how this document should be worded.
  • Motion to add the following policies to the HVL POA Standard Operations Procedures (SOP) on hold for further review and revisions.

Motion to add the following policy to the HVL POA Standard Operations Procedures (SOP) (Removal of a Board Member from the POA Board of Directors)—Future Planning

Motion to add the following policy to the HVL POA Standard Operations Procedures (SOP) Board Vacancies During a POA Board Election)—Future Planning

Lakes Committee Report:  Jill Bittner vacancies and lake patrol

Committee member vacancy process – (#, Echoes announcement, 2-3 meeting attendance requirement, submit application, interview and vote).  Rich Gannon, will put a notice in the 3/1 on-line Echo regarding an open spot on the Lakes Committee.  He will post it for a few weeks.  First step is for potential members to begin regularly attending meetings.  The application form will be revised/updated.

Current opening:

-The March meeting will be the first “attendance” requirement meeting

-As far as time for the vote – giving time for interested residents to attend, June may be the earliest when this happens

-Term limit/scheduled turnover has been discussed in the past and might be revisited with the amount of interest that appears for new members.  Would not want too much turnover at any one time in order to keep a good number of experienced members on at all times.

Fish and Game Club Comments – 1st tournament is April 6th 8am-2pm

Lake Patrol Report – The Lakes committee has been working with the Lake Patrol with developing a “Top 10 rules” that Lake Patrol will be looking for. It will be shared with w/ Patrol and posted in an Echoes article. These are safety related.  Dave W. is meeting with Lake Patrol in April, and these will be reviewed.  It was mentioned that the assessments were not all the same and that uniformity should be in place.  Pat will talk to Judicial about this and that changes may be made on this to keep it simple.  There were a couple of items that were mentioned that weren’t on the list.

Parks and Recreation Committee Report:  Amy Ayers-Wilson

  1. Many thanks to the Garden Club, Valley Farmers, Children’s Club, Fish & Game and Parks and Recreation for donating toward the purchase of the Special needs swing that is at the pool playground.  Appreciation to Maintenance and all they do is expressed.
  2. Stateline (April 13, 2024) and Georgetown Road (September 14, 2024) clean-up dates

Safety & Security Committee Report:  Dave Buschmiller

  1. Ice Safety/Signage (continued discussion)
  2. Beach Lighting/Signage (continued discussion)
  3. Bylaws Revision
  • Motion to Approve First Reading of Bylaws revision and Rescind previously Approved First Reading is tabled until the April 25 Annual Board of Directors Meeting.
  1. Flock
  2. Next meeting Tuesday, April 2 at 1830 in Conference Room.

Civic Club Report:  Kevin Grosse

Recent Civic Club Event:

Most recent Pub Crawl – March 9 was spectacular!  Thanks to the four participating bars (Willie’s, One Last Bar, The Possum and Barrel Heads) along with Star One for sponsoring the continuous bus service between locations.  Coupled with St. Patrick’s Day theme, it was a blast!  Thanks always for community participation!

Upcoming Events:

  1. Adult Easter Egg Hunt – March 30, the Saturday before Easter, at 3:00 p.m. – 4:00 p.m. in the Gazebo area.  There is a $5.00 admission at the door.  We are still looking for donations – candy, small alcohol bottles, items from local businesses, etc.
  2. Community Roads Cleanup – This is a newly added event with additional details forthcoming.
  3. HVL Spring Yard Sale – April 26, 27, 28 (Friday, Saturday, Sunday) from 9:00 a.m. – 1:00 p.m.  There have been requests to add Friday to the event.  Saturday no doubt will be the most popular day, and people can participate as they choose.
  4. HVL “Neighbors Helping Neighbors” May 4 beginning at 9:00 a.m.  We have posted the form on FB for both volunteers (and skills they offer) to help with the event as well as people needing help of some kind.  We are talking to the local High Schools for students needing “community service hours.”  As the specific community needs are identified, the Civic Club will organize the “workforce.”

“A Ways-Down-The-Road” Events:

  • Weekly Family Beach Nights – Friday evenings at 6:00 p.m. – 9:00 p.m. starting in June
  • Community Overnight Campout – June 22-23 (Saturday evening – Sunday morning) in the 77-Acre area
  • Luau on the Beach July 13 beginning at 6:30 p.m. – midnight.  The event date was moved up this year to avoid conflicts with other events outside the Valley
  • Lake “Raft-Up” August 24 at 4:00 p.m. – 10:00 p.m.

Old Business:  

  • 2:05 Resident asks for clarification on second reading of Lakes Committee proposed bylaw change.  It was noted that there is a ballot taking place and the second reading has been set aside for now.
  • 2:06 Resident asks about fiber restoration and is informed that damage will be corrected.  Secondary concern is that there are muskrats in the main lake in one of the coves.  Community Manager will investigate.

New Business:  

  • 2:07:45 Resident asks Board if Magistrate of Dearborn County has right to override bylaws?  
  • Pool and Lauren Hill Dog Park will be in total eclipse on Monday, April 8.

Adjournment:  

  • Motion to Adjourn made by Patricia Hawkins and seconded by Michele Schneider.  Motion passed 4-0.

Now is the best time to sign up for Automatic Monthly Dues Payments

  • Pay your January 2024 dues in full by 1/31/2024.
  • Fill out the form to begin monthly payments toward your July 2024 dues on the 15th of each month beginning February 15th.

Sign up forms need to be received by February 7th, 2024.

Email to forms@hvlpoa.net, send by mail, place in the secure drop box, or bring into the POA office.

Example of a monthly payment:  If your semi-annual dues are $563.50 your monthly automatic payments will be $ 93.92 each month.