RIVER OAKS HOA MEETING
(MEETING WAS HELD VIRTUALLY)
ATTENDEES: Jim LeSage, Greg L. Bass, Frank Glowacki, Linda Tenuta, Tracey Stevens, Dan Noah, John Skalbeck, Roland Looney, Vic Thompson
Minutes from 2020 Annual Meeting were approved via electronic votes.
Treasurer Report/January 2021 Deposit: + $150 Homeowner Transfers 11/12 Hagerman to Michael Beucher/Elysia Ringwald 11/13 Dunk to Darryl Slattery 12/16 Slattery to Brett/Laura McGovern Interest: Oct.-$0.68; Nov.-$0.52; Dec.-$0.43 Total-$1.63 Paid Out: 10/19
* WE energies $92.34 10/20 #1738 $290.
Attorney Camilli 10/20 #1739 $238.22
Jim LeSage ($28.49-fall newsletter, $209.73-print covenants, by- laws)
10/20 #1740 $31.64 Dan Noah Camera Supply 11/04 #1741 $119.88 Dan Noah Web hosting/ park cameras 11/04
#1742 $94.95 Pats Porta Potty 11/16 #1743
$520.00 Park Work 12/07 #1744
$7.12 Frank Glowacki Annual Mtg. Notice 12
/07 #1745 $94.95 Pats Porta Potty
12/07 #1746$576.90 Grasshopper Lawn Service 1/15/21
#1747 $62.12 Village of PL. Pr. Taxes lake and park 1/15/21
#1748 $94.95 Pats Porta Potty 1/20/21
#1749 $342.35 Dan Noah Parking Hang Tags
12/18/20 *WE energies $90.16 *******************************************************
Balances: Checking 1/20/2021 $3,955.62/ MM $10,112.49 *Automatic Payment Withdrawal Submitted by: Linda Tenuta
Camilli-Cresco issue: The attorney advised that the letters we approved were sent out.
Insurance Review: Jim discussed the insurance review that he and Greg performed with Steve the State Farm representative. He explained that the coverage on the property is $39,700. He explained that he believes we are somewhere between $75K and $100K. To go to $100K is $80 more a year.
Liability coverage-Officers and Directors-$2,000,000 and the other coverage liability is $2,000,000 so a total of $4,000,000. We are limited to $3,000,000. If we go to an umbrella as well as increase the liability to an overall $5,000,000.
Frank asked for a presentation or comparison of the data so he can take a look at. Jim said we can get that done. Frank advised that he could do the comparison via excel.
Jim discussed that park reservation and the event fee coverage that is available via each homeowners’ policy. The even fee ranges between $25 and $50 per event. Jim and Greg advised that we could charge that fee which would pay for an event policy amendment on each home owner’s coverage which would provide a layer of protection should we have events with things like bounce houses, third party music, and other things brought in which increased not just the board liability, but every home owner’s liability as well.
He advised that we do have the right kind of policy and that legal fees are covered. Jim advised that if we had a patrol person walking the grounds, any altercations would not be covered by the insurance policy, the individual’s own coverage would be responsible.
Frank asked about the event insurance. The person who is reserving the pavilion has to do that. Jim gave an example of if the person had an invitee, and that person had an incident, then the owner’s event policy would be first. Jim and Frank discussed the issue about having a patrol unit in the subdivision. Roland asked about a non-resident on the lake who might drowned.. Jim addressed that the lake is owned by the state of Wisconsin. If the person who drowned, then if the person had permission, then it goes back to that resident. If the person does not have permission, then there is minimal recourse to the HOA. Frank, Jim and Roland discussed the privacy of the lake. It is landlocked. Vic said that there was a Pleasant Prairie policeman out there walking around asking for residency proof. Vic said at one point they counted over 40 people on the lake the past weekend. The board discussed all the activity that took place on the lake as it was very positive. We just have to be on watch for non-resident use of the lake, and non-residents bringing things into the park and out onto the lake which created liability for the HOA as well as all the residents.
The board discussed a committee to search the issues and form the group to research the coverage and the liability issues between the HOA, the village and the state. John asked about the $80 addition for property coverage. Greg explained what the coverage included as property. Vic said the $80 is very reasonable. Jim advised that he will put it all on a spreadsheet because the coverage renews in May.
Lakes: John advised that he called Marine Bio-Tech and discussed doing 3 treatments this coming summer. He also discussed the cost of a fish survey. He said it’s been awhile. But he wanted to explore the cost. John said it was about $1,000 last time. He was hesitant and uncertain about doing it because the report was lacking detail and specificity. He said we could put that money toward stocking. He said he’s heard raving reports from the fisherman as to what is being caught, and that means we have a healthy mix of fish. So, he’s not sure about doing a survey. He said probably not this summer because it is not in this year’s budget.
John shared the that the tax information that was shared on FaceBook and discussed that the perimeter of the lake is 22 acres, and the 1.5 acres is the island. He said the HOA owns the island but not the lake. He said he confirmed it by going to the DNR website, which calls the lake, the River Oaks Lake. He said it is sort of awkward because we have private access but the lake is owned by the state. He said years ago there was a question about putting a raft out on the lake, but the insurance guy said,”No”, because the HOA would own the raft, and then that would be a liability. He said that actually answers part of the insurance coverage issues. John said he posed the question to Dave Klimish about if the police were called, what would be the response. Dave Klimish was on the call, so he said that that is confirmed, that if someone is on the lake, it is not a cause for a police intervention, because they are not trespassing. Vehicles in the parking lot would be because that is private. If they’re on the street that is not the case. Dave said there has be permission, but the park is private space. John discussed that the hanging tag protocol has been a good thing.
Jim asked two questions: 1) Private property. He said if he gave permission for a person to be on the lake and the person drowned, who’s liability is it. 2) The premise is there is by county map that there is a line drawn around each person’s property. The fallacy is that there is a line around the lake, so that may be why it is considered private. Therefore, the liability would be the drowned person first, then Jim’s, then the state’s, but that is really up for questions and discussion.
Dave K. Said that he knows that the property line ends where the lake begins. Frank said, there are two pieces, it is the view of the insurance agent and then the legal view.
Roads and Grounds: Roland said he is going to solicit quotes for mowing, land scaping, and see if we can get that company to do more of the cleaning around the entry way. He also wants to have the company do pruning and cleaning done in those areas. He asked about the west end of the lake, that the growth has grown into that area and wondered about who’s property it is to mow and keep the west side of the road cleared and cleaned up. Jim discussed that it is really the village’s, and particularly it is the villages to keep the fire hydrant that is on that north west corner accessible. Roland said the buckthorn there is getting fairly large, and that he would call the village to see if we could get it eradicated. Vic advised that Bob has been taking care of the buckthorn in the park. Jim said, there is a muskrat hut next to the kayak rack. He said there’s another one by the fishing pier. Jim suggested that we may have to hire Trapper Dan. Vic asked about the beaver issue, there is two sides, the west side of the lake road is the village, and then the Massey property. Jim said the letter to address the beaver issue on the Massey property went out to Massey on 12/24. He said we haven’t heard anything back from him. Jim said there is another letter prepared and it is ready to go out. He said we will also follow through with the village to see what kind of relief we can get. Jim said if there is damage due to the Beavers that are from Massey’s owned land, then it would be Massey’s liability. Greg added about the discussion he had with the village administrator, John Steinbrink instructing the village crews about where the large beaver hut is, and where the river is totally dammed up.
Vic discussed the solar panel implementations that are occurring at the current time. See below.
• Approved roof-top solar installations for Klimisch, Youngman and Singer in December.
• Discussion with Keegan about tent on deck.
• Letter to Bolenkowski regarding tree debris and clutter in yard in early January. This problem has been cleaned up. The trees and barrels have all been cleared out as of today.
• Working with HOA attorney to draft letter to Cresco’s notifying them that we are about to file a lawsuit over their gazebo. Vic said he’s hoping that there will be some action following the latest letter.
Regards, Vic Thompson Chair, Architectural Control Committee
Tech: Dan dropped off the mirror tags today. Dan also discussed looking at on-line billing for those people who can do it. He’s looking at options that we can do. He said making sure the website is up to date with all the minutes and documents has been done. He has other projects he’s working as well.
Jim discussed the on-line payment. He said he’d like to get the invoices out by February 1. Dan said that a lot of that had to do with the Covid. Linda added that the delays go back to 6 or 7 years ago. Jim discussed that he asked a notice to be added to the invoice. The note would be a notification for people who have a boat at the park, those people should do a renewal notice. Frank discussed doing an update letter to let people know what is going on. He said we also have to include the mirror tags. He said that’s why we’ve had a couple of lags in the past year or so. Frank said he will do the cover letter and update to put in the invoice. Dan agreed, because he said it allows us to cover all the bases. Jim discussed the letter as a good idea but we need to get it out as soon as we can, so we get proper cash flow. Frank said he’d work on the letter this weekend. Jim said the goal should be to get them out by February 1.
Communications: Tracey said we have 144 members in the group. She discussed all of the events and things that took place on our FaceBook page. She asked for an updated list so she can remove ex-owners and add new owners.
Old Business: Jim discussed the violation fees and penalties, the attorney advised us strongly that that is what is missing in our by-laws and covenants and we should get that done. Greg advised that he would propose a motion. Frank discussed that he downloaded all the documents and that penalties and fees are appropriate in comparison to other HOA’s around us. Frank said he agrees with Camilli, he said the issue is how we do it. Frank discussed whether we should or not at this time. It was apparent the board believes the fee and penalty structure should get done. No move was made on Greg’s motion which was tabled until next meeting.
Jim discussed that we have a motion to pursue it. A vote was taken as to pursue looking into implementing a penalty and fee structure. The vote was approved 8 to 1.
New Business: Jim discussed about items from the annual meeting and the advised reserve balance we should keep in the treasury. We’ve tried to maintain a balance of $5,000, but it was suggested that we do $10,000. Jim said he did some research where there are properties that end up being owned by the HOA. John, said it looks to him, that we are close to the $10,000 without really trying. Linda said we have $10,000 right now, but we have outstanding bills as well. Greg asked about the treasury fluctuation when summer begins. She explained that the mowing and Bob Kerpec are larger sums that create fluctuation. She said in May there is over a $2,000 expense for the insurance and there is fish stocking, and lake treatment. Jim said that he’s bringing it up because it was brought up in the annual meeting as to what the minimum reserve should be. The board discussed the issue and felt that we just need to watch it and make sure we have at least $5,000 as a reserve. John said that we need to have it on record that we maintain a $5,000 reserve. Linda said our budget is $36,000, Frank asked if she thinks we will be spending the total budget. He asked if we pay all of our expenses up until March 1, will that exhaust our current 2020 budget? Frank said that we have paid for most of expense we approved in the prior budget. So, he asked Linda about how we refresh the treasury each March. Linda said two years ago we had to save a large amount for the playground. Vic said we spent $25,000 for the playground and then that spent our reserve. John said, that we looked at it, and as long as we go by the budget we approved in the annual meeting, we may have the $10,000. Linda said that is true if we stick to the budget.
Roland asked about people paying dues, Linda said we had a little issue last year due to Covid. But we had more people last year that didn’t pay. We did get everybody by summer. Jim said once Paul was treasurer we got to 100%. So, he said, the HOA has filed leans against property owners only about 5 times. Linda reminded us that we do have to pay the attorney, Camillis for work due to the Cresco legal issue. Jim said we paid for the first letter, but if the use of attorney moves forward we’ll have additional attorney fees. He said the correspondence has been as much as $600 each time and that we’re close to a $2,000 expense now. Tracey asked about if we have any big projects that we may need to start saving for. Jim, said the swing sets need to be replaced, he said the entry ways were painted and maintained 8 years ago. He said there are certain things at the park and beach that we need to address. He said he doesn’t see any large projects coming up. Greg asked about replacing the swing sets due to the liability that they can represent if someone gets injured because the parts and chains are worn out. Jim added we should probably inspect them. Vic said we can replace some of the chains and other parts fairly cheaply. Frank said, it’s obvious that bolt system and chain’s life right now is probably in question. He said he thinks that we should have them inspected by someone who knows that stuff. He said maybe we hire an outside source to do the inspection. Roland said we just have to do a maintenance program where the chains and parts are replaced every couple of years. Jim said he would follow up with the company who put the playground in, just so we do our due diligence. Tracey asked about an adaptive swing set for disabled children . Jim said that if we decide to replace the swings that that would be a good idea.
Modification of bounce houses and tents. Jim said he’d like to table that until next meeting in February.
Weeds and Cattails on the lake:
John said that there was a practice of just doing targeted treatments and advised that it was not perceived well. So that is why we went to the total lake treatments and that is why we do what we do. Roland asked about lake levels having an effect on weed growth. John advised that the biggest thing is what kind of nutrients are being run-off properties into the lake. He said clearly certain people would have their beaches cleared and others would not, so it was felt there was favoritism going on. So, now we treat the entire lake. Frank added, that in the cove where he lives, there is no doubt the lake level is higher and the amount of growth is severe. He said he’s had neighbors who asked about doing targeted treatments if they just paid to do more clearing. Frank said neighbors would do that as long as they had the right board direction but they would pay the bill. Frank and John discussed the problems and other issues which become conflicts. Frank said that there are about 6 families who have that desire due to the issues they are having with the new growth and cattails as well. Frank said last year it was offal in the cove as well as other areas. Vic said it’s not as localized as we think. John said it works much better if we don’t allow individuals to take it upon themselves. Frank said it would have to be board approved of course. Greg asked about conflicts and issues caused by people doing treatments themselves. Greg asked if there would be an issue caused by additional chemical treatments. Frank said it was about neighbors who wanted to have targeted treatments by the same company. Vic said zebra muscles are disappearing due to the treatments.
Jim brought up an issue in terms of board meeting agendas being published 48 hours in advance. He said he did research and said that HOA has no obligation to publish the agendas. However, if a resident wants to attend, they can. Tracey said, that if we do publish, we don’t want to include names and addresses. Dan said we could filter it. Frank said that it is difficult having non-board members involved when we are discussing legal issues. So, it needs to stay as close to confidential as it can. He said he is more concerned about legal issues and that every quarter we should have an open meeting. Greg commented as to what the obligation of the board is as to addressing and discussing sensitive issues as well as legal issues. Tracey and Dan agreed. Jim said historically, that’s what we have done. Linda added that those things could be addressed through closed door sessions. Frank explained that we may want to have open door sessions. Greg added that what we need to do is just publish when the board is going to have a meeting and where and that fulfills the board’s requirements accord to the covenants and by-laws. Tracey, Dan, and Vic agreed. Roland said he’s happy that people are interested. Vic and Frank discussed the purpose of the annual meeting as to an open event where everyone is invited, and has an opportunity to voice and opinion and vote.
Neighborhood Watch Board position: Frank discussed that he was proposing due to the civil unrest that occurred in Kenosha. He said he is not supportive of anything security related. He said he thought about it and came up with a “watch position.” He said the position would be 3 buckets: 1- developing relationship with the village as well as other things to increase safety. 2- Foster relationships with law enforcement. To maintain covenants and by laws of River Oaks.3- Also to monitor and report any kind of violation. Including to attend village meetings that are about the highway, building, etc. He said it is an opportunity is to increase the value of River Oaks. He said that he and Jim went through the by laws and didn’t find anything to limit the board to only 9 members. He said the more people we can get involved in board activities the better.
John said that he reads the by- laws differently and that the board must be only 9 members. Advisory people would be non-voting. He said to him it is very clear, 4 elected one year, 5 the next. Greg agreed and said what he surmised in Frank’s proposal was just a duplication of duties. Jim added that there is a question as to the by-laws, and we need to look at it and get an opinion on it. There are still a lot of questions from the board. He said he’d like to table it until the February meeting, and then we can decide under old business. The board agreed.
Life Ring at the park: It’s about a $150 expense. Jim explained that if something would happen the device would be available. John discussed that are some complications. If the board buys such a piece of equipment, if the life boarding is not there when someone needs it, then it is a liability. John said this all came from Kenosha as a result of the lives being lost off the pier. The problem was the ring was often stolen. So, it has to be watched and as such we have to become responsible for it being there. Therefore, it is not there then that causes a liability. Dan agreed and added the experience that the yacht club had. Jim said if it becomes a liability, then there has to be much more to the thought process. John said there is a reason we don’t hire a life guard and it is the same reason why we shouldn’t put in a life ring.
Hanging Tags: Dan dropped them off. He said he will put them into the invoices. He said two should be free, so we should charge for additional ones. Greg asked about what if we do white, blue, or red as a switch off every two or three years. Dan said that’s why we want to do new ones every three years. If you have an old one, it is treated as being outdated. Linda made a motion that if extra tags are desired by a resident there will be fee. Dan said there is nothing printed on the back of the tag. He said we should table it until next round. A vote was taken and the motion passed 9-0.
Term limits: Should we have term limits. After a period of time, do we need to have term limits. Vic said that you lose a lot due to experience and the development of tribal knowledge. Vic disagreed with the idea. A number of other board members did as well. A comment was made that is hard enough to get board volunteers as it is.
Bakery Truck: Dan said the truck was parked across the street from John’s home, and it has also been parked at the park several times. Tracey said she sees it daily. Frank said, in our cove it is like a Zamboni. The discussion was about the truck being parked in the driveway, and in violation to the by-laws and covenants. Tracey discussed, B-15. She asked about a commercial vehicle. The language is in B-14 under construction equipment. Vic said he will address the issue and advise the resident of the violation.
The meeting was adjourned at 9:15.
RIVER OAKS HOA BOARD MEETING