Hidden Valley Lake BOD Minutes Thursday, May 23, 2019

HIDDEN VALLEY LAKE

PROPERTY OWNERS ASSOCIATION

Board of Directors Meeting

Thursday, May 23, 2019 7 p.m.

Unapproved

 

Board of Directors Present:  Pat Hawkins, Scott Giska, Dave Hafner and Robert Starks and Donna Yetzer

 

Board of Directors absent: None

 

Community Manager Present: Bruce Keller

 

This Meeting’s Motions:

 

  • Approval of February and April 2019 Minutes — Board Secretary
  • Request approval of bond returns — Architecture Committee
  • Request approval to remove fence requirements for walls over 4 ft. and reword it as Suggested — Architectural Committee
  • Request a motion approving a change to the bylaws concerning lot splits and a new survey of the affected property (Second Reading) — Architecture Committee
  • Request approval for the addition of Lee Steczynski to the Finance Committee—Finance Committee
  • Appeal for Speeding Citation–Judicial
  • Request approval of a rule change concerning signs (Second Reading) — Safety Committee
  • Civic Club request approval of their schedule of events.

 

Call To Order:  Patricia Hawkins

 

Pledge of Allegiance: Patricia Hawkins

 

President Patricia Hawkins called the May 23, 2019 Board of Director Meeting to order at 7:00pm

 

The meeting began with the Pledge of Allegiance.

 

Presidents Report: Patricia Hawkins

 

I would like to start by explaining why Tom Hamilton is not chairing this meeting.

Shortly after assuming the president’s role, Tom received an unsolicited offer on his home.  It was truly the proverbial “offer he couldn’t refuse”.  His closing was on Wednesday, May 15 and, after the closing, he became ineligible to serve on the board as he was no longer a property owner in Hidden Valley Lake.

In the case of a board vacancy, our bylaws give the remaining members of the Board of Directors the responsibility of appointing a replacement.  The four remaining board members voted unanimously to appoint Dave Hafner to the open board seat.

Dave has volunteered extensively in our community, most recently as the chair of the Architecture Committee.  In the Architecture role, he has shown himself to be a strategic, yet pragmatic, thinker who interacts extremely well with our property owners.  He will be a valuable addition to our board and we welcome him.

 

With Tom’s resignation, I have stepped back into the president’s role.  Donna Yetzer will serve as vice president, Scott Giska will be our secretary, and Dave Hafner will be our member-at-large.  Donna will be the board liaison to the golf course and Dave will liaison to the Architecture Committee.  Scott will continue as the liaison to Lakes & Parks.

 

We thank Tom Hamilton for his years of board service. His accomplishments were numerous and his expertise was invaluable.  We will miss him very much and wish him well in his new home.

 

On the cusp of summer’s unofficial start, the Board of Director’s encourages you to remember the reason for the Memorial Day weekend. Please join us at 10:00 am on Sunday, May 26 at the Veteran’s Memorial for a “Salute to Our Vets”.  The salute will be followed by a “Patriotic Parade”. The parade begins at 11:00 and is sponsored by the Hidden Valley Riders.  The Memorial Day concert begins later in the evening.  We thank Barry Hansel, John Kidd, and the Riders for all they do to remember and honor our veterans.

 

Please accept the board’s best wishes for a safe and relaxing summer.

 

 

Treasurers report:   Robert Starks

 

All amounts are rounded to the nearest dollar.

Financial Position as of the end of April 2019.

Beginning Cash on April 1, 2019, $1,232,144.00

Ending Cash on April 30, 2018, $1,188,948.00

 

Secretary’s Report: Donna Yetzer

 

  • Request a motion for approval of February 28, 2019 and Annual April 2019 Minutes

 

Motion made by Robert Starks and seconded by Scott Giska to approve the February and Annual April 2019 Meeting Minutes.  Motion passed unanimously.

Community Managers Report: Bruce Keller

 

Reminder that the office is closed May 24, 2019.  Our office was opened this past Saturday.  We had about 20 residents come in.  We will do the same over July 4th. The office will be opened the Saturday before the 4thof July from 8:00am-12:00pm and closed the Friday July 5th.

 

This is our first year trying out beach attendants, there will be no lifeguards this year.  The good news is that the attendants will be at the beach from 11:00am-8:00pm.

 

This is the beginning of the summer….please show tolerance and respect and we will all have a great summer.

 

Bruce spoke about the Memorial Day weekend coming up. He thanked Barry Hansel for all of his hard work on the Memorial Day festivities.

 

 

Assistant Community Managers Report: Dave Wismann

 

Docks

 

Most of the dock work has been complete at this point. There will be finer details that may come up as summer progresses and they will be responded to as they appear.  At this point, our dock waiting list time has been reduced from an expected 5 years to 4.5 years. We offer extra cleats for sale for $15 and bumpers for $30 at the POA office. Our maintenance staff will install these items.

The attendant/lifeguard shack at the beach is under roof and construction continues as planned. Bob has had several part-time helpers, even one of the deputies, and it is really taking shape.

Golf Course Managers ReportBruce Keller

 

The measurement of a Golf Club is the success in the rounds of golf and our rounds are up this year.  Our income is up slightly from last year as well.

 

Buffets at the Golf Club are every Friday at 5:00pm

 

Committee and Club Reports

Architecture Committee Report:  Phil Heitz

 

The Architecture Committee has changed their meeting time.  The committee will meet the 1stand 3rdWednesday of each month at 5:30pm at the POA office.

 

 

  • Request approval of performance bond returns for May 23, 2019.

 

Motion made by Donna Yetzer and seconded by Dave Hafner to approve the performance bond returns.  Motion passed unanimously. 

 

 

Lot # 2705H                                                             David Bridgewaters and Tanya Taber 

Property Address 20463 Alpine Drive               Bond Amount $500.00

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

                                                                                    Fine/Fees Owed $0

 

Lot #3093H                                                             Philip and Alana Krimmer          

Property Address 1464 Greenlawn Way           Bond Amount $500.00

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

                                                                                    Fine/Fees Owed $0

 

Lot #378H                                                                Catherine Witte-Lampe   

Property Address 967 Rustic Drive                    Bond Amount $500.00

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

                                                                                    Fine/Fees Owed $0

 

 

Lot #2752H                                                             Randall Glacken    

Property Address 1737 Tuppence Trail            Bond Amount $500.00

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

                                                                                    Fine/Fees Owed $0

 

Signed by Jason Craig, Jesse Jones, Dave Hafner, Dave Wismann, Dan Tester and Mike Chenault.

 

 

 

 

 

 

  • Request approval to remove fence requirements for walls over 4 ft. and re-word it as suggested.

 

The Architecture Committee was asked to write out the rule exactly how they would like it to read in the bylaws.

 

Bruce will check to see what the County Rules are for walls over 4 ft.

 

  • Request a motion approving a change to the bylaws concerning lot splits and a new survey of the affected property (Second Reading)

 

Motion made by Donna Yetzer and seconded by Dave Hafner to approve the change to the bylaws concerning lot splits.  Motion passed unanimously. 

 

Lot Splits

 

Turns out there are no rules on lot splits except to say that the semi-annual dues are split in half for the two owners of a split lot.  That said, I believe we should add 4-4-41 in the Architecture Section of our Handbook.

 

 

4-4-41Proposed lot splits must be presented to the Architecture Committee along with re-drawn, surveyor signed plot plans including existing structures.  The Board of Directors gives the final approval for all split lots. A split lot does not change the lakefront designation of said lot.

 

There was some discussion on lot split procedures and 4’ wall rules.

 

 

 

Finance Committee Report: Kyle Packer

 

  • Request approval for the addition of Lee Steczynski to the Finance Committee

 

Motion made by Robert Starks and seconded by Dave Hafner to approve the Lee Steczynski to the Finance Committee.  Motion passed unanimously. 

 

 

 

Judicial Panel: Bruce Plashko

 

  • 2 Appeals for Speeding Citation.

 

Kimberly Buckman- traveling 40 mph in a 25mph speed zone.

 

Kim did not attend the Judicial meeting to appeal her citation.  She chose to appeal her citation to the Board of Directors.  Kim was pulled over at 5:15am.  The deputy did not indicate why he pulled Kim over, went to his car and came back to Kim’s car with a citation for speeding.  Kim said that there was no way she could have gotten up to 40mph and that she never speeds in the Valley.

 

Deputy Josh Goodall explained his procedures on issuing a citation for speeding and how often they test the radar.

 

Motion for Kimberly Buckman’s Speeding Citation was made for $160.00 and voted as follows:

 

1 – A

3 – N

1 – Y

 

 

Derek Hart – traveling 31mph in a 15mph speed zone near the pool area.

 

My name is Derek Hart.  I’ve prepared my report in writing so that you will be able to include it in your minutes.  That way residents will be able to see them if they have an interest.  And you will be able to refer back to the specific regulatory references it covers.

I want to explain to the board that the section of Lakeview by the pool complex is not properly marked as a reduced speed zone. I want to explain that there is not sufficient clarity for a driver to understand what is expected of him there.

 

In each direction as you go along Lakeview, you encounter a speed bump marked with a 15 mph sign.  That is the only sign offered.  I can tell you that I have for many years interpreted this as an indication of how fast we should expect to be able to cross the speed bump without problems. In fact I don’t even consciously notice the sign any more, because I know the speed bump is there is it needs to be taken nice and slow.  (Of course I am talking about the previous speed bumps, not the brand new upgraded speed humps that were just installed.)

 

I have never interpreted this as the beginning of a speed zone, because there is never any indication that the zone ends.

 

I now know that your intention was to establish a speed zone in front of the pool.  The deputies explained that to me when they wrote the ticket.  I can promise you I was completely surprised to be getting a ticket, since I was proceeding sedately out of the valley at 25 mph.  I had to go back and look at the signage and figure out how I could have been unclear about it to begin with.

 

So let me explain what the state of Indiana requires. I have here the Indiana Manual on Traffic Control Devices.  This contains the state’s requirements and recommendations for sizing and placing road signs, and other controls.  It is easy to find on the internet, and easy to read and understand.  I have copied out the few pages here that pertain to marking speed zones and speed humps.

 

Section 2-B includes the requirements and recommendations for speed limits.  The requirements are in bold and use the word “shall” to make it clear that these requirements are not optional.

 

In the Speed Limit section 2B.13, Paragraph 04 is directly beneath the example sign images on page 57 – that’s the second page I gave you – states the requirement:

 

04:  At the downstream end of the section to which a speed limit applies, a Speed Limit sign showing the next speed limit shall be installed.  Additional Speed Limit signs shall be installed beyond major intersections and at other locations where it is necessary to remind road users of the speed limit that is applicable.

 

That is a clear, bold-letter requirement that is not followed at the pool on Lakeview.  On Lakeview, the single 15 mph sign is planted right at the speed bump. Then there is no indication later that the speed limit returns to the normal 25. It is not marked as a zone with a beginning and an end.  There is no “Resume Legal Speed,” or “End Speed Zone,” or 25 MPH sign to mark the downstream end of the zone.

 

Also, travelers who come up Sunset to Lakeview never see any sign at all.  Nothing in either direction, even though they enter Lakeview in the middle of what you intended to be a speed zone.  That is what the second half of Paragraph 04 requires.  There are 53 homes on 3 roads as you go down Sunset, not counting the additional 41 homes on Skyview and Maple Knoll that can exit up through Sunset also.  So Sunset is not a driveway or little stub road.  It joins Lakeview as a major intersection and the state of Indiana requires that these drivers turning from Sunset should see a sign informing them that they are in a speed zone, too.

 

This was the source of my confusion.  As you can see, I’ve been alive a lot of years – I’m not a new teenage driver.  I’ve driven a lot of miles in a lot of states and several countries.  I didn’t know chapter and verse of these Section 2-B paragraphs ahead of time, of course, but like any experienced driver I do have an understanding of the principles they represent: the need for drivers to clearly understand what is expected of them.  The state of Indiana is not alone in requiring speed zones to have a clearly marked beginning and end.  Everywhere you go, speed zones are marked on both ends.  Signs like “resume normal speed,” or “end speed zone” are common.  Having another Speed Limit sign to indicate the increased limit at the end of the zone is of course universal.  So it is not just me.  The Lakeview zone is simply not properly marked in a way that clearly lets a driver know what is expected.  Especially not a driver who makes a turn from Sunset onto Lakeview.

 

As a bonus, I copied for you a bit of Part 2-C of the Indiana Manual on Traffic Control Devices, which has information about Speed Humps. Section 2C.29, paragraph 02 recommends:

 

02:  If used, the SPEED HUMP sign should be supplemented by an Advisory Speed plaque (see section 2C.08)

 

The idea that the sign planted right at the speed bump on Lakeview would be seen as an indication of how fast one should expect to be able to cross the speed bump without problems isn’t just a crazy notion out of my imagination.  It is actually recommended by the state that a bump be accompanied by a sign that gives a safe transit speed on that bump.  As I explained at the beginning of my report, this has been for years my interpretation of these solitary speed signs.

 

When I talked with the Judicial Panel, the deputy there (sorry I don’t remember his name – he has a shaved head if that helps) was adamant that none of that mattered.  He was un-moved by my explanations about how I found the improper signage confusing. In fact he was emphatic that I was legally obligated to just follow the signs.  Having once seen a 15 mph sign, I must continue at 15 until I see another one. I am sure you will agree that it was never your intention to mark the entirety of Lakeview as 15 mph!  There are no other signs anywhere along the entire length.  I don’t know if your deputy has been writing tickets for exceeding 15 MPH along all of Lakeview, but he insisted that is how I should have interpreted the signs.  Of course, I was to have just remembered that I had seen the 15 MPH sign after having seen it hours or days earlier, because there are zero signs to be seen if you come up Sunset and turn onto Lakeview. Then, having remembered, I should have carried on at 15 MPH until I saw another sign permitting me to increase my speed.  Which I would never see, because there aren’t any.   I frankly don’t find that expectation to be credible, and I’d be amazed to discover that the board would endorse that interpretation.

 

As a side note, I want to let you know that your website is further confusing matters.  At the Hidden Valley Lake Property Owners Association site, under the “Residents” menu, on the “Security” page, there is a note about speed limits.  This note publicizes that the speed zone in front of the Pool complex on Lakeview is in effect only from Memorial Day to Labor Day. So people who are paying attention to what you tell them on your website will be confused about your expectations in yet another way.  I pointed out this seasonal enforcement notice to the Judicial Panel 6 weeks ago. They told me that the speed zone had been changed to year-round “a couple of years ago or so.”  Even so, 6 weeks after I pointed out the web page to them, that is still posted publicly on your web site today.

 

I hope I have made clear for the Board the deficiencies of the speed zone marking at the pool and how I have been confused as to your intentions there.

When the deputy flashed his lights, I again checked my speed and found I was going exactly 25, as expected.  I always travel carefully in the Valley and was going carefully on this day, too.  The idea that I was driving recklessly in contempt of the Valley’s speed limit is just absolutely, completely incorrect.

 

I would ask that the Board find my explanation not only a valid defense, but also a helpful piece of information on how to improve your signage at the pool complex and bring it into compliance with Indiana’s requirements.

Thank you.  I’m happy to answer any questions.

 

Motion for Derek Hart’s Speeding Citation was made for $160.00 and voted as follows:

 

1 – A

3 – Y

1 – Warning

 

Go to our website to hear more on these citation from our audio portion of the Board meeting.

 

 

Lakes Committee Report: Dave Patterson

 

Dave discussed the fact that as more and more task forces and requests for amenities arise, we as a committee are becoming more and more visible and instrumental in what does and does not happen.  Therefore, it is more important than ever that all members of the committee talk to their neighbors and friends and solicit input about the various subjects that we are working on.  Please bring as much community input to the meeting as you can.

 

We have received a request from a resident, Dennis Uchtman, to host a fishing event with about 15 students from Dohn Community High School in Cincinnati to be held sometime in September. We discussed the request and have a few questions.  Therefore, we are inviting Mr. Uchtman to attend our next meeting and fill in some gaps. This might be an event that the Fish and Game Club might take on.

 

Fish and Game club reported that so far 487 slot bass had been removed from the lake.  The club hosted the Cincinnati Youth Bass Club which included 15 youth.  All caught their limit and a good time was had by all. They brought in 19 slot bass.

The Lake Patrol is back on the job in full swing.  Paul reported that when they started, the patrol boat was a mess.  They need at least one waterproof container.  Motor is running well.

 

Gerry tested the lake on 4/25 and 5/3.  Results of both tests indicate the lake is in good shape and the readings were typical for this time of the year.  The Oxygen level, though, was at or above 10 ppm all the way to 45 ft.  That is a good thing.   There were reports and concerns about some algae on the lake.  That is also normal for this time of year.  The algae was tested and the results were normal indicating it was not dangerous.

There is a lot of sediment flowing.  The coir dams we tried a few years ago didn’t work at all. Maintenance will be putting in rip-rap where needed on an on-going basis.

 

The treatment dates for this year are 5/21, 6/25, and 8/13 if needed.  Spot treatments will still be done for isolated instances where needed.

 

Trees are down at Crystal Lake so the project to install an emergency overflow channel can proceed this summer.  The small lakes inspections will start in June.

 

Marina Shelter Update– One bid has been received so far, but the experience level there wasn’t sufficient for our project.  We may need to use plan “B” which is to use the same team that is building the lifeguard building for the Marina shelter.

Sluice Gate Bridge Project update – Still waiting for asphalt to complete ramp.  Need a firm that does small jobs.  The road paving company wouldn’t or couldn’t do a job that small.

 

Review of motions   – Most of the discussion regarding the fish limits has already occurred.  We don’t see any need to change the size or quantity limits for the pan fish.  No motion is necessary.

 

Marina Dock Replacement– Many people are voicing concerns, but the docks are still new and people will need to adjust to the way they use them.  Rich produced a video of Bruce on the new docks.  Everyone should view it.  The biggest thing everyone using the docks can do to help out is to keep all boats tied as tightly as possible to the dock.  That way the boat and dock all float as one unit.  It will be much more stable that way.

We have had to add concrete pads around the poles to help to secure them where we were running into bedrock.   This added more costs to the project.  Bruce addressed the whole cost of the project in his attached letter.

 

Some of the slips directly out from the launch ramp may need to be moved if they are out too far and interfere with people launching and retrieving their boats.  Also, the small dock in the middle of the ramp might not be as good an idea as first thought.  After a few months we can make changes if necessary.

 

 

 

 

Task force Updates —

 

1 – Hiking trails in the 77 – Acre Park – L&P liaison – George – John Getzendanner is the chair.  Regular meetings have been set for the 3rd Tuesday of each month. There are about 10 folks involved in the group.

 

2 – Construct an outdoor activity center – L&P liaison – Jill – George Lortz is the chair.  They have had their first meeting.  They had about 5 interested residents.  A second meeting has not been scheduled yet.

 

3 – Provide Improvements to the HVL Swimming Complex – Jim Buchannan is liaison. No chair yet.  Expect more interest once the season gets started.  Scott may have a couple of people.

 

4 – RV/Boat/Trailer storage area – L&P liaison – Dave Ryberg – Mike Chenault is the chair.  Checking out current and optional locations.

 

5 – Kayak/paddle board/canoe racks – L&P liaison – Eric Fox – Ken Horn is Chair. They still feel that racks at the sluice gate side of the marina parking lot would work best, especially if we can put a launch on the new dock closest to the gate wall.  Bruce has since heard from Peter Soltys, our engineer that he is all right with putting the racks there.

 

6 – Rebuild of the beach guard house – Bob Starks is taking this project on and construction is proceeding well.

 

7 – Beach Parking Lot Wall – Scott has a group working on this and three proposals have surfaced.  They will be sent to the community in a survey for input.

 

8 – Pickle ball courts – Lining and fence construction plans are in process.  Bruce has details.

 

The 2019 Kids Fishing Derby will be held at Lake Melody on Saturday, July 13.

 

Go to our website to hear discussions for Lakes & Parks from our audio portion of the Board meeting.

 

Safety, Security & Elections Committee Report: Bonnie Starks

 

  • Request approval of a rule change concerning signs (Second Reading).

 

Motion made by Robert Starks and seconded by Dave Hafner to approve the change to the bylaws concerning lot splits.  Motion passed unanimously. 

 

11-6-4. Election and Political Sign Rules

 

  1. “Election” or “Political” signs may not be posted on (either) private property (or on community property)within HVL sooner than thirty (30) days prior to an election and must be removed the day after the election is held. Only one (1) “Election” or “Political” sign shall be permitted and is per(personal property lot) membership regardless of how many lots are assigned to that membership.  Signs may not be put on community property except on Election Day at the voting precinct only.
  2. All “Election” or “Political” signs shall be removed within one (1) day after the election is held. It is the responsibility of the property owner to remove the sign in a timely manner.

 

The Committee went over our standard reports from the Manager, Bruce, the Deputy’s Report, and the email report.  We reviewed the Beach Renovations, the Pickleball Courts, and the Handgun Class which was presented by Don Norris and was a big success.

 

Ginny Boyer, planted bushes by the front entrance flags and noticed water leaking from a meter.  Bruce said he already took care of it.

 

 

Club Report

 

Civic Club:  Kevin Grosse

 

Karen Plogsted has stepped down as Chair of the Civic Club.

 

 

  • Request approval for Jessica Howe-Mueller to be the Chair of the Civic Club. 

 

Motion made by Donna Yetzer and seconded by Dave Hafner to accept Jessica Howe-Mueller to Chair the Civic Club.  Motion passed unanimously. 

 

  • Civic Club request approval of their scheduled events.

 

Motion made by Robert Starks and seconded by Dave Hafner to approve the Civic Club Events for 2019

 

Look for these upcoming events with the Civic Club:

 

Luau – TBD

Theater in the woods or on the beach – TBD

Friday Night at the Beach -TBD

 

Friday Night Fun Night – June 14

Adult Pool Party – June 29 starting at 8:00pm

Halloween Dance – October 26

 

Luau will be the first or second week of August. There will be a hog roast at the Luau with music, draft beer and wine.

 

Adult Pool Night will only be in the shallow end of the pool.  The deep end will be roped off for the evening.

 

The Civic Club is always looking for suggestions and volunteers.

 

 

 

Old Business:

 

None

 

New Business:

 

None

 

Adjournment: 8:20pm

 

Minutes Prepared by Gina

 

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

 

 

 

 

 

 

 

 

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