MINUTES OF THE OJIBWA PROPERTY OWNERS ASSOCIATION BOARD MEETING FROM WEDNESDAY, 27 AUGUST 2014 AT 7:00 PM

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1 1 MINUTES OF THE OJIBWA PROPERTY OWNERS ASSOCIATION BOARD MEETING FROM WEDNESDAY, 27 AUGUST 2014 AT 7:00 PM Those in attendance: Dave VandenBussche; Dave Washburn; Janet Hanner; Robert Barker; Jessica Manley; Steve Sprague; Douglas Tillman. Absent; Steve Dietz and Chuck Whitfield. The meeting was called to order by Dave VandenBussche. Jessica Manley, seconded by Robert Barker that Steve Dietz be excused due to being at work and Chuck Whitfield be excused due to being hospitalized during this meeting. Passed by a voice vote. Secretary s Report Robert Barker - Dave Washburn moved that the reading of the written minutes of the 9 July 2014 meeting be waived and accepted as written which was seconded by Steve Sprague and passed by a voice vote. Treasurer s Report - Janet Hanner Written Report attached. Dave Washburn moved acceptance of the written report, seconded by Doug Tillman and passed by a voice vote. Standing Committee Reports 1. Lakes and Dams Report Dave Washburn written report attached. Dave Washburn moved acceptance, seconded by Dave VandenBussche and passed by a voice vote. Steve Sprague shared his concern that the Board at it prior meeting made the decision not to remove any boards from the Windoga Lake WCD yet in spite of that decision due to the complaints of some Windoga Lake residents about the raised lake level causing encroachment on their lawns the Lakes and Dams committee chose to remove a board which lowered the lake level to the point that the lake could not be properly cleansed causing algae growth on the lake surface making swimming in the lake undesirable. A lengthy discussion ensued as to why the decision was made. Douglas Tillman moved, seconded by Dave VandenBussche, that having established the correct lake level, that the level of the lake is not to be adjusted by removing of stop log(s) without board approval, unless it is an emergency declared by the county due to severe flooding, or by a meeting of a quorum of five members. After a lengthy discussion this motion was passed by a voice vote. Dave VandenBussche moved, seconded by Steven Sprague, that the removed stop log be placed back again into the WCDE in order to clean and skim the top of Lake Windoga and not removed untill Pete the Contractor is

2 2 coming or a meeting of five board members votes to remove it. This motion was passed by a voice vote. 2. Legal Committee written report attached. Robert Barker moved acceptance, seconded by Steve Sprague, passed by a voice vote. 3. Blight Committee written report attached. Dave VandenBussche moved acceptance, seconded by Dave Washburn, passed by a voice vote. Old Business 1. Jessica Manley raised the issue of fish restocking and made the motion that we move forward with the restocking of Lake Windoga with Dave Washburn taking charge of it, seconded by Doug Tillman. Dave VandenBussche asked for a volunteer to oversee the restocking of fish. The motion passed by a voice vote. 2. Robert Barker moved that we, as a board, contact our owners on a door to door basis to shepherd them through making a decision on the Building and Use Restrictions Amendment and the Public Act #188 tax funding of the Lake Manitonka Water Control Device and Aquatic Funding. Jessica Manley seconded the motion. After a lengthy discussion the motion passed on a voice vote. New Business 1. Jessica Manley has been contacted by Eleanor Ogg wanting to know if OPOA had any lots available for sale. She has friends/relatives here and is interested in property here. Janet will make a list of properties OPOA owns. 2. Doug Tillman moved that the 4 th Monday of the month be the OPOA Board meeting. Dave Washburn seconded and the motion passed by a voice vote. Robert Barker moved adjournment, seconded by Dave VandenBussche, passed by a voice vote. Respectfully submitted Robert Barker Recording Secretary

3 OPOA Treasurer's report for meeting on September 29, 2014 at 8:00 pm in the "pole barn" Monies currently: maintenance checking $ 25, dams checking $ 7, savings account $

4 LAKES AND DAMS COMMITTEE REPORT SEPT.2014 Lake Manitonka The water level is at maximum and is going over the overflow. The dam seems to doing fine for now but, as a reminder, this dam did not pass the last state-mandated inspection that was conducted in Windoga Lake We still are having some disagreement as to what the water level should be. This is why the board has meetings, to bring problem to the board so they can be addressed and fixed. As a board member myself and the chairmen of the lakes and dam committee I do not have the power to change the lake level without consent and approval of the board and the State. The DNRQ and Laphams, the engineers, have been called and have been asked for their best advice as to how to proceed. After looking at several yards on the west side of the lake I see the problem and I, personally, feel the lake is 3 to 4 inches too high. The new dam control device was installed in November of 2013 to the last recorded specifications (the 1992 survey). After the back of the dam was cut out new specifications were never recorded. This is why it is so important that we get the required permits and handle it the legal way. Respectively Submitted, David Washburn

5 Building and Use Restriction Committee Report The deadline that we set for the Building and Use Restriction Amendments of September 1, 2014 has passed. As of today, no plat within our association signed off on the changes to the 1964 Building and Use Restrictions. This includes the change of our dues from $24 to $100 per year. It is our recommendation that this matter be turned over to our legal committee. Respectfully Submitted, David Washburn and Jessica Manley

6 Legal Committee Report We have finally reached most of the surrounding areas regarding their legal counsel. We will be having a committee meeting prior to next month s regular meeting to bring to the board a proposal letter to send the companies we feel will best suit our needs. We have included the Association s we contacted, their legal counsel, and what their legal counsel specializes in. Here is that information: 1) LIPOA Martineau, Hackett, Romashko, O Neil & Klaus, PLLC. (Our Practice Areas: Personal Injury Overview, Car Accidents, Motorcycle Accidents, Criminal Law Overview, DUI And Drug Defense, Felony Theft, Spousal Support, Asset Division and Dividing A Business) 2) Canadian Lakes Martineau, Hackett, Romashko, O Neil & Klaus, PLLC. (Our Practice Areas: Personal Injury Overview, Car Accidents, Motorcycle Accidents, Criminal Law Overview, DUI And Drug Defense, Felony Theft, Spousal Support, Asset Division and Dividing A Business) 3) Lake Miramichi Property Owners Unable to contact 4) Horsehead Lake Olson, Bzdok & Howard (Environmental and Natural Resources Law, Zoning and Land Use, Municipal Law, Small Business & Non-Profit, and Community Organizations) 5) Blue Lake Gregory J. Gamalski Giarmarco, Mullins & Horton, P.C. (Part of their specialization is in subdivision and lake association legal matters) 6) School Section Lake Association Part of Lake Streams Association: Bloom Sluggett and Morgan (specializes in public sector, real estate and riparian law, representing clients throughout Our attorneys have extensive experience in advising and representing municipalities, public agencies, libraries, individuals and associations.) 7) Our Current Attorney - Paul A. Blanco (His practice areas include civil litigation, business law, real estate, and criminal defense.)

7 Maint. Report for Mondays Meeting: 1. Zero Turn Lawn Tractor is broke down again. Had to rent one to do last cutting at a cost of $140. Need to decide on replacing with new or used Zero Turn', renting one for each time cutting is done, or sub-contracting to an outside lawn service,ect... 2.New road is scheduled to be worked on starting This required Renting a Loader at $1800 for 3 days, and will require approx $3000 to $4000 in gravel once graded, plus Phils Labor. It is my understanding that these cost were approved under the direction of the last Board. If this is not the case, please let me know so that I can cancel the Loader, gravel, and Phil. Phil is scheduled to start grading with the Loader this Friday. 3. The airport was cut today for the last cut this season. The Parks have not been cut this month do to the Zero Turn being broke down. We can discuss at the Board meeting an action plan if we want to cut them anymore this season. Dave V - Maint. Chairperson