2006
Countryside Lake Association
Annual Meeting Minutes
March 20, 2006
BOARD ATTENDANCE: J. Buslik, T. Caldwell, S. Czynski, D. Liberacki, C. McCann, R. Miller, T. Richter,
D. Whitehurst. ABSENT: P. Diamond.
A quorum was met with 46 members present, 48 proxies to the Board and 15 proxies to others.
CLA President David Whitehurst called the meeting to order at 8:00 p.m.
SECRETARY’S REPORT
Lee Graber moved and Scott Gleason seconded the motion to approve the minutes of the October 17, 2005 Annual CLA Meeting. All in favor, motion carried.
TREASURER’S REPORT
· J. Buslik reported on the year-to-date status of the CLA Operating and Capital Budgets. Stipends for the Board Treasurer and Secretary have been raised due to increased workloads. Due to anticipated expenses related to Toll Brothers, a budget deficit is anticipated for the 2006 Operating Budget.
· CLA member Chuck Bartels asked how long the Board anticipates operating with a deficit. The Board President responded that funds to cover the deficit will be transferred from reserves as needed.
Scott Gleason moved and Sharon Anderson seconded the motion to approve the Treasurer’s Report. All in favor, motion carried.
NOMINATION & ELECTION OF BOARD MEMBERS
· D. Whitehurst reported that there are two 3-year terms, and one, 1-year term up for election to the CLA Board of Directors. David Whitehurst and Paul Diamond have elected not to run for another term on the Board. CLA members Christina McCann and Chris Arendt were nominated from the floor to fill the 3-year terms. There were no other nominations.
Lee Graber moved and Sharon Anderson seconded the motion to elect Christina McCann and Chris Arendt to 3-year terms on the CLA Board of Directors. All in favor, motion carried.
· Barring no other nominations, D. Whitehurst reported that the CLA Board will appoint a member to fill the remaining term until elections are held at the 2007 Annual Meeting.
PROPOSED BY-LAW AMENDMENT
· D. Whitehurst reported that the current spending limit of $150,000 imposed upon the Board of Directors is not high enough for the Board to currently negotiate multiple year contracts, which could provide savings to the Association. The $150,000 By-Law is also not specific as to whether it pertains to the Operating Budget or the Capital Budget, or both. Due to these ambiguities the CLA Board has proposed that the By-Law be changed to read the following:
Notwithstanding anything in these By-Laws to the contrary, in no event shall the Board of Directors authorize any single expenditure or series of expenditures for a single purpose for a capital project the net cost of which shall be in excess of One Hundred Fifty Thousand Dollars ($150,000) without first obtaining the approval of the members in accordance with the By-Laws. Such approval may occur at an annual meeting or special meeting but the notice of such meeting must state that one of the purposes of the meeting, whether annual or special, is to approve such expenditure and shall provide specific detail as to the amount thereof and the purpose therefore. The Board of Directors shall not authorize work to commence on any capital project the net cost of which exceeds One Hundred Fifty Thousand Dollars ($150,000) unless and until either signed contracts, letter of commitment or other binding documentation are in place providing funding to reduce the net project cost below said limit.
· After discussion the proposed By-Law Amendment was brought to a vote.
Chuck Bartels moved and D. Whitehurst seconded the motion to approve the proposed By-Law Amendment, as distributed to the membership. In Favor: 33 members and 48 proxies to the Board. Opposed: 1 member with 15 proxies and 2 transferred votes to his name. Motion carried.
COMMITTEE REPORTS
Beach & Picnic
Chair R. Miller reported that a new floating raft will be bought for the beach this year. The new raft will be slightly smaller with no pinch points in the middle. Additional sand will be purchased and spread on the beach area. Currently there are no plans to pave the road at the beach and picnic area.
Facilities & Grounds
Chair P. Diamond could not be present, however D. Whitehurst reported that plans are underway to purchase a new sign and landscape the CHA entrance at Midlothian Rd. CHA member Sharon Anderson is working with other CHA members to coordinate implementation of the entry project.
Lake Improvement Management
Weed & Algae
Chair D. Liberacki reported that CLA has contracted weed management care of the lake with McCloud for the next three years. McCloud monitors the lake on a weekly basis.
Fish & Wildlife
Chair D. Liberacki reported that the lake will be stocked with a variety of fish in October or November of this year. A recent electro-shock survey of the lake revealed that there are many Carp. Efforts will be made to bring the Carp population under control. A Carp fishing derby as well as a bounty for captured Carp will be arranged early in the 2006 fishing season. The lake will be surveyed again in 2006, and a Creel Survey will be distributed to CLA members.
Environmental
Chair D. Liberacki reported that Phase 1 of the Lot 16 Project is done. Phase 2 of the project will continue next Spring.
Lagoon/Peninsula Project
Chair D. Liberacki reported that grant funds have been awarded for the planned CLA Lagoon/Peninsula Restoration Project. A total of $65,000 in grant funds was awarded from Lake County Stormwater Management (SMC), the Lake County Watershed Management Board (WMB), and the Fremont Township Highway Commissioner’s Office. The Board expressed thanks to Rosemary Aitken, Bud Furch, Tori Trauscht and Nancy Burgess from ILM for their support and work on the grant project. The acceptance of public funds does not require that CLA make the lake, or any of the common facilities open for public use.
CLA member James Butler expressed concerns that the Board may be limiting future potential to develop the property by accepting grant funds associated with environmental goals. D. Liberacki agreed that small areas of the site may be committed to environmental design; however the benefits of the project and the grant contributions far outweigh any of those concerns. It is estimated the cost of the project will fall between $120,000 and $150,000.
The CLA Youth Environmental Program will begin one week after school lets out and run for nine weeks. Members should contact Rosemary Aitken for additional information.
Shoreline Control
Chair T. Caldwell reported that the Board has sought bids from several contractors for the CLA Lagoon/Peninsula Project. The project is anticipated to begin in October or November of 2006 and completed in the Spring of 2007. Concept design for the project has been completed and reviewed by the Board over the course of many months.
Boats & Docks
Chair S. Czynski reviewed the required CLA boat procedures. Members must display CLA decals as well as State of Illinois registration numbers. The pontoon piers located at the lagoon will be repaired this Spring with the expectation that they will hold out until they can be replaced in 2007.
Water Sampling
Chair S. Czynski reported that the CLA water sampling program is going into its fourth year. Samples are collected by CLA volunteers and sent to U.S. Biosystems to be analyzed. The Board thanked Brian Donahoe for collecting and archiving data related to the sampling program. Many other CLA members contribute to this program on a volunteer basis.
Architectural Review
Chair T. Caldwell reminded members that the Architectural Review Committee meets once per month. Those residents who are required to submit design plans for Board approval should submit them well in advance.
Newsletter
Chair J. Buslik reported that she is always looking for volunteers to help her with the CLA Newsletter. She thanked Chuck Bartels and Sean Killackey for their help proof reading and writing for the latest issue.
Security
Chair T. Richter stated that he believes you cannot measure prevention when it comes to security. He believes the Association owes a great deal of credit to Capt. Passafiume for the work that he does.
Capt. Passafiume reported that a silver or black sedan with plates 7644111 may be associated with a recent burglary in the Steeple Chase neighborhood.
Archival Storage
Chair C. McCann had no report.
Legal
Chair D. Whitehurst reported that CLA has hired an environmental attorney to represent the Association due to a suit being filed against Toll Brothers by the Illinois Attorney General’s Office. CLA attorney Susan Franzetti will make sure CLA’s viewpoint is conveyed to the AGO, and that the process moves forward with the intention that Toll rectify problems they have, or will be creating for our lake. The Illinois AGO has appointed an attorney to handle the case and CLA has been in touch with that attorney. In addition to concerns related to Toll’s construction sites, there are also concerns about the water treatment facility that will be activated for homeowner use sometime in the near future. Currently sewage is being transported off site in trucks on a daily basis. Expenses related to CLA legal and engineering line items have been higher than expected due to work related to the Toll Brothers situation.
CLA member, James Butler, asked if anyone has been monitoring the overflow of water coming from Mary Lee Lake on the Steeple Chase Golf Course. D. Whitehurst responded that in the past there has been a monitoring station at the old Larson property.
Rules & Regulations
Chair J. Buslik asked if there were any questions about the new Rules and Regulations Violation Enforcement Policy.
CLA member, Geoffrey Butler asked if these rules are only enforced for CLA members, and if so how can we enforce these rules for CLA guests and/or poachers? J. Buslik stated that the Agreement Creating the Countryside Lake Association and the CLA By-Laws allow the Board to create and enforce rules for Association members. Members are responsible for their guests who must also adhere to CLA rules. Issues that the Board considers to be serious are violations that impact the safety of others and cost the Association money.
CLA member Andy Schafer said that in the past he has had a key to the dam area and does not understand why he cannot have one now. D. Liberacki responded that he is decides who gets keys for control management purposes.
CLA member James Butler stated that he believes we will expose the Association to lawsuits if the enforcement policy is not applied equally. The Board fully understands they must enforce rule’s violations equally for all members.
OLD BUSINESS – None
NEW BUSINESS - None
D. Whitehurst encouraged members to volunteer for CLA committees. He said that he enjoyed his time on the Board and thanked the Board of Directors for their support. The CLA Board of Directors thanked David for his hard work and contributions to the Board. The next group of Board Officers will be elected at the April CLA Board Meeting.
ADJOURNMENT
Lee Graber moved and Rich Theobald seconded the motion to adjourn the meeting at 9:30 p.m. All in favor, motion carried.
Countryside Lake Association
Mundelein, Illinois
Semi-Annual Meeting
October 20, 2006
President Dan Liberacki called the meeting to order at 7:50 p.m.
Board Attendance: Chris Arendt, Janice Buslik, Sidney Czynski, Jim Esperson, Dan Liberacki, Chris McCann, Tom Richter.
Absent: Terry Caldwell, Randy Miller.
A quorum was met with 24 members present, 50 proxies to the Board and 1 proxy to others.
President Dan Liberacki recognized Sharon Anderson for volunteering to oversee and coordinate activities related to the CHA Midlothian Road Entrance project. Installation of a new sign and landscaping was completed in the fall of 2006. Additional volunteers recognized for their contributions to the project included, Drew Hupp, Sean Parmley and Craig Anderson. President Liberacki also wished to thank any other members who may have contributed time and talents to the project. Bill Grinnell, Fremont Township Highway Commissioner, was also recognized for working closely with the Association throughout the project.
Toll Brothers/Hawthorn Woods Country Club Development
President Liberacki introduced CLA attorney Susan Franzetti. Susan owns a law firm in Lake Forest and has been working with the Illinois Attorney General’s Office (AGO) and Illinois Environmental Protection Agency (IEPA) on behalf of CLA. The AGO is pursuing legal actions against Toll Brothers for violations they received while developing the Hawthorn Woods Country Club development. D. Liberacki explained that it is the opinion of CLA and the AGO that Toll Bros. mass graded the site while paying little attention to local and state regulations regarding storm water management and site runoff. CLA began meeting with Toll Bros. in 2001 to address concerns related to the development and Indian Creek. During several meetings, which took place between 2001 and 2006, Toll Bros. agreed to perform specific actions to control site runoff and minimize impact to Indian Creek; however, Toll Bros. has since reneged on those agreements and contends they have done nothing that would harm the lake.
Susan Franzetti explained that she has been working with the AGO to provide information regarding CLA’s concerns. She has made it clear that CLA wants to send a message to Toll Bros. and other developers that they should build without causing damage to local surface waters. Historically the State has not enforced many violations against developers. Typically they are given a small fine and a slap on the wrist. To date the AGO and IEPA have been cooperative with CLA, however they have not yet determined if a settlement will be reached between the State and Toll or whether the case will develop into a lawsuit. CLA has also reached out to local elected representatives such as Ed Sullivan, Jr., Diana O’Kelly and Suzi Schmidt. All three have expressed concerns to the AGO and IEPA about the Toll Bros. violations and have recommended that the State pursue legal avenues and demand restitution for the violations. The membership asked a variety of questions regarding the legal action
Jane Graber asked if anything has been done to reduce the amount of sediment coming down Indian Creek into the lake. D. Liberacki responded that some actions have been taken, and that CLA continues to monitor the situation.
Betsy Witlin asked why dredging is such a difficult issue and why we cannot receive monetary awards from Toll to dredge the portion of the lake affected by their actions. D. Liberacki responded that CLA elected to support the legal actions of the AGO rather than pursuing a civil lawsuit. Consequently monetary rewards can only be issued in the form of Supplemental Environmental Grants (SEPS) issued through IEPA.
Sharon Anderson asked who issued the violations to Toll Bros. D. Liberacki responded that the IEPA issued four violations to Toll. Sharon also asked if it is likely that Toll will only be required to pay the State for violations and we are left with no recourse. D. Liberacki responded that there is no way to predict how the State will rule, but we are hopeful CLA will receive some compensation through applying for Supplemental Environmental Program (SEP) grant funds.
Kevin Walsh asked how an augmentation well works and where the water comes from. D. Liberacki explained that an augmentation well could be installed near the beach area and be used to draw water from underground aquifers and then put into the lake. There are other lakes in Lake Co. that use augmentation wells to supplement their lake levels. CLA is concerned that in the future Toll will hold back large amounts of water for their irrigation system and therefore limit the amount of water coming down Indian Creek to the lake.
Jane Graber asked if a CLA augmentation well would affect other wells in the area. D. Liberacki explained that a full study of surrounding wells would be required before the County would issue a permit for an augmentation well.
Dan Liberacki reported that the IEPA has agreed to meet with engineers hired by CLA to discuss the spray affluent system that will be used to treat sewage at HWCC. In order to fully comply with regulations there should not be any discharge of HWCC affluent into Countryside Lake. The system, which has been sold to Aqua of Illinois, is not yet operational.
Secretary’s Report
Lee Graber moved and Sharon Anderson seconded the motion to approve the minutes of the March 20, 2006 Annual Meeting. All in favor, motion carried.
Treasurer’s Report
The 2006 budget was made available to members.
Treasurer, Janice Buslik, reported that the Board does not expect the deficit for the 2006 year-end Operating Budget to be as high as expected.
Lee Graber moved and Sharon Anderson seconded the motion to approve the Treasurer’s Report. All in favor, motion carried.
Committee Reports
Beach & Picnic
Committee Chair Randy Miller was unable to attend. D. Liberacki reported in his place that a record number of parties were held at the beach this year. Sue Nierman was thanked for organizing the party schedule and issuing party permits. Beginning in the 2007 summer season, members will be charged a “party fee” of $50.00 for each reserved function they hold at the beach area.
Facility & Grounds
Committee Chair Jim Esperson reported that work on the Midlothian Entrance Project is near completion. The Association owned road near the dam was recently repaired and repaved. Esperson thanked all members who volunteered to assist with the entrance project and other CLA related maintenance issues.
Esperson also reported that the planned Lagoon/Peninsula Restoration Project would begin work in early November and that the beach/picnic area will be closed for the duration of the project.
The tennis courts are in need of resurfacing. The Board is looking into having this done next year.
The pontoon docks will be replaced in the spring of 2007.
Lake Improvement Management
Weed & Algae
Committee Chair, Chris Arendt, reported that McCloud is now in the 2nd year of a 3-year contract. They performed a good job during a difficult year. There were problems with water clarity and Chara Algae that plagued the lake throughout the season. Randy Miller and other volunteers were thanked for removing a thick layer of the Chara Algae from the beach area on July 4th.
Fish & Wildlife
Committee Chair Chris Arendt reported that 30 people responded to the recent Creel survey. Most of them rated the health condition of fish in the lake as good.
The results of a recent electro-shock survey of the lake revealed interesting results. Although Carp have previously been reported to be a problem for the lake, no Carp showed up in the survey this year. Nevertheless, the Fish and Wildlife Committee continues to monitor the Carp population and plans to stock the lake with Large Mouth Bass who are known Carp predators. Musky, Perch and Walleye will also be stocked in the lake this year.
Environmental
Committee Chair Chris Arendt reported that Rosemary Aitken plans to hold the Children’s Summer Program next year.
Grants
Committee Chair Chris McCann reported that the Water Sampling Committee has spent a great deal of time working on information to submit as part of a grant application for an IEPA 319 grant. The grant, which has been submitted, is for funds to purchase new equipment and lab testing of water samples.
Water Sampling
Committee Chair Sidney Czynski reported that her committee is collecting water samples from six sites. This year samples have been collected during 13 rain events. The samples continue to show high turbidity, TSS and phosphorus readings. Samples at Gilmer Rd. and the Donahoe property have shown elevated levels of E-Coli. The Lake County Health Department is monitoring the area to determine the source of the E-Coli.
Boats
Committee Chair Sidney Czynski reported that pontoon boats at the rental piers must be removed prior to November 1st. Member boats must have CLA decals and registration numbers. Boats without Illinois registration numbers are subject to DNR fines. Canoes and rowboats on Association racks must be tied down.
Shoreline
Committee Chair Sidney Czynski reported that members who plan to do work on their shorelines must submit plans for Board approval prior to work being done. Referrals of qualified shoreline restoration contractors are available from the Board upon request.
Architectural – No Report.
Newsletter
Chair Janice Buslik thanked Shawn
Killackey for his assistance with the newsletter.
Security
Chair Tom Richter reported that summer patrol hours are over. Hours will be increased for the holiday season.
Capt. Passafiume reported that there has been an increase in the number of car decals and guest passes issued in 2006. There have been problems with speeding and stop sign violations. The Sheriff’s Dept. is monitoring the area with radar. Capt. Passafiume continues to work with the local 911 center to verify the accuracy of CLA member listings. Members have complained that solicitors from out of state companies are falsely using the names of other members when they go door to door in the neighborhood. It is not illegal for solicitors to work the neighborhood, however if members are concerned about their presence they should call CLA security. Members were reminded that they must be present with guests who are ice fishing on the lake.
Document Archiving – No Report.
Legal – Discussed at beginning of meeting.
Rules & Regulations
Chair Janice Buslik reminded members to review their rules packets for recent changes including new rules regarding beach party fees and pontoon dock rental fee deadlines.
Old Business
Lake Book
The group working on the CLA Lake Book hopes to have it completed by the 2007 Annual Meeting.
New Business
Lot 16
Betsy Witlin asked what is going on with Lot 16. D. Liberacki explained that a private group of individuals have donated $10,000 to clear the lot and restore it to its natural state. Work to date has concentrated on removing brush, garbage and invasive species. Future work will include planting of native species and the creation of walking paths throughout the lot.
Adjournment
Teresa Bartels moved and Chuck Bartels seconded the motion to adjourn the meeting at 9:06 p.m. All in favor, motion carried.