HERITAGE LAKE POA
BOARD OF DIRECTORS MEETING
June 14, 2004
Bob Radez acknowledged that we have a member in the audience, Wendie Johnson, who has been asked to
leave. She is not a member in good standing. Wendie responded that she is a member in good standing they
have made a rule in an area that is not common property therefore she does not have to adhere to it. She
paid her assessment and she has a right to be here and you will find out.
Statement Regarding Board Action of March 8, 2004 meeting
Bob Radez read his letter to the Heritage Lake Members. After consulting with an Attorney and reading the
Board Attorney’s letter, in their opinion, we 5 board members violated Policy P1001 at the March 8 POA
Board meeting. For myself, I had a gut feeling that evening the actions we took were wrong. It was not my
intention that evening to purposely violate an association policy but I did. My ignorance on procedural and
policy matters along with Roberts Rules of Order prevailed. Having served on this board for only a little over a
year, I should have been more prudent and heeded the calls from the objecting, more experienced board
members and membership that evening. In the future, I will seek advice before acting when unsure. As your
new president, with the help of other board members, I will correct these mistakes tonight and double my
efforts to get our community together.
All board members agree that raising user fees is only a patch for our budget needs. There is no mistaking
that this board, including myself, is unified in that an assessment increase is needed and is the right direction
to go. I have asked the board members to hold monthly budget meetings as we did last year. This is to
review once again the long term Plan submitted by the AdHoc Committee, as some things have changed to
that plan. To come up with a figure we need to keep our community vibrant. But the level one/level two user
fees may have to be implemented again if we cannot act soon enough for our 2005 budget. We ask for your
support. We will continue looking at ways to reduce spending and raise revenue as previous boards have
Let me explain the vote I took on canceling our Weed treatment contract with Aquatic Control. Our recently
resigned board president, Knapp Covington, stated the following at the April 12 Board meeting “I called the
president of Aquatic Control after learning of the contract being canceled. I had a good conversation and he
understood we were getting bids he would resubmit the company’s bid.” I know some of you may have not
heard this with the microphone problems we were having that night.” (Bob said he was setting next to Knapp
when he said that). Knapp had told me of this conversation prior to my vote. I knew that our weed treatment
was never in jeopardy. I am only saying this to get the record straight. But this still was another bad vote, a
waste of time, and policy violation. We as a Board last year had agreed on using Aquatic Control without
seeking bids. Wrong or right, it was decided and I should have let last year’s vote stand and lived with it.
Lessons have been learned, and looking back at the way we 5 board members proceeded, in such a derelict
fashion, made me realize working together and being inclusive is the only way for us to move forward as a
community and solve issues.
I hold no animosity to those members who pursue a law suite or those seeking my resignation. My hope is
that this can be put in the past, accept my apology so we can roll up our sleeves and go to work. It is my
intention to try and have this letter read by the entire membership.
Robert T. Radez
At this time he asked that statements be read by the other two board members Larry MacDonald and Joan
Snyder. Larry was not present. Joan read her statement: I’m not sure what some of you want me to do or
say. If you want me to admit that I violated a policy, I admit that I did violate a policy; for one thing your lawyer
said so. Now, I don’t know how to undo this. I cannot resign from the board; too many property owners voted
for me to be on this Board. I’ve heard you don’t want excuses; you don’t want apologies. Some property
owners have questioned me; they have all said they believe that I was misled. Here’s what I have told them.
“This was my very first Board meeting; I had no policy book; I was not aware of that policy until Mr. Strickler
called it to the attention of the Board; I relied on Mr. Covington when he read something that would override
the policy violation; that’s my reason for voting the way I did.”
I am truly sorry for having offended any of you, and I ask your forgiveness.
Bob Radez stated that he will ask Larry MacDonald to present his statement to the Board.
Bob Radez gave Brad Stratmann permission to speak to the membership particularly pertaining to this subject.
Brad Stratmann thanked Bob for the opportunity to address the membership at this time: He first spoke to
Joan and Bob (because Larry was not here) that he very much appreciated their apology and he said
personally he hopes they can get back to work and move forward with this thing, if they hear from Larry. The
one thing he addressed is that he thinks one of the biggest things that hurts our lake and this community is lies
and rumors. One of the things that got spread around and got around to him about this issue was that a
particular board member was the person who organized the group, filed a lawsuit and got the attorney. In front
of everyone and as part of the record he said that is an outright lie. What happened is like many of them he
read in the highlights. When he read what had happened at the March 8 meeting, he was pretty upset about
it. He checked into it to see if it was all true. He purchased a set of the minutes from the office, read them and
got upset about it and thought he is not going to tolerate this. At the April meeting he did ask for the
resignation of the board members who voted in favor of that. He started a petition and obtained 40 signatures
that night. He thought about it a little bit more and thought the only way to really resolve this is to get the
advice of an attorney. He got a group together and they were fortunate enough to retain an attorney that day.
They arranged for a meeting and moved forward from there. He wanted to clarify that one point, it was not a
board member who got this group together. He believed it when he said that other board members had every
right to attend those meetings as property owners and he invited them to participate in those meetings.
Actually he believes that it was not only their right but their responsibility to ensure anyway they can that our
board acts legally. He clarified that Brad Stratmann, 22JV, did it and he is happy that they did it because he
thinks they all learned a lot. He thinks through all this they have all learned they can work together and it is
time to move forward.
Conservancy & Fire District
Don Steward announced that the Floyd Township Fire Department is in operation. They made approximately
eight runs since they have been in operation, approximately 3 weeks ago.
Call to Order Bob Radez, President, called the meeting to order at 7:04 p.m.
Roll Call Directors present were: Bob Radez, Joan Snyder, Rick Huddleston, Mark Starnes, Don Strickler,
Don Steward, Margaret Dermond, and Leo Schubert. Also present were Terry Myers, POA Manager, and
Dee Heavin. There were approximately 64 property owners in attendance.
I. Presentation of Agenda Don Strickler moved to amend the agenda Under New Business to combine Items
“C” and “D”. The motion was seconded by Margaret Dermond and carried.
II. Presentation of Minutes
A. May 10, Board Meeting minutes Margaret Dermond moved to accept the May 10 Board Meeting
minutes. The motion was seconded by Don Steward and carried.
B. May 18, Executive Session Board Minutes Margaret Dermond moved to accept the May 18, Executive
Session Board Meeting minutes. The motion was seconded by Rick Huddleston. Mark
Starnes opposed. The motion carried.
C. June 9th, Operations Committee Minutes Since the Board members received the Operations
Committee minutes this evening they didn’t have time to review them. Don Strickler moved to accept the
June 9 Operations minutes and between now and next month we can critique them and if there is
something in these minutes that needs corrected or amended they can do it at that time. Margaret
Dermond seconded the motion and carried.
D. June 9 , Executive Session minutes. Margaret Dermond moved to accept the June 9 , Executive
Session minutes with the same understanding. The motion was seconded by Mark Starnes and carried.
III. Treasurer’s Report Mark Starnes reported the following income and expenses:
Income Expenses Net Income
May $ XXXX $ XXXX $ XXXX
Year to Date $ XXXX $XXXX $XXXX 2004 to date
Prev year to date comparison $XXXX $XXXX $XXXX 2003 to date
Difference in 2004 ($ XXXX) $XXXX ($XXXX)
Don Strickler moved to accept the Treasurer’s Report. The motion was seconded by Don Steward and
IV. Committee Reports
A. HLNAC. Tracy Montgomery presented a check in the amount of $XX to the Floyd Township Fire
Department. She stated that bingo that is non-profit is now required to donate to a non-profit organization.
She asked them to use it to buy grass seed. She reported that Bill Hetzel advised her that they raised
approximately $XX for fireworks so far. They need to raise approximately $XX more for the 4 of July
show. Hopefully it won’t rain this year. Bob Radez asked the business community to all pitch in to help
out with the fireworks this year.
B. Lake Committee Ed Dermond reported the Fish Creel Survey is underway and cards are available at the
Clubhouse & Marina. They would appreciate it if all fishermen will fill out these cards because this is
another tool in figuring out our fish population. The Feast ‘n’ Ski Event is scheduled for August 7 . We
will use the beach and shelter houses on the clubhouse common property for the feast and the clubhouse
cove for the ski show. This will also be the retirement recognition day for Opal Little for her 23 years of
service. New Lake Committee merchandise will be available at the marina shortly. Their next meeting
will be Wednesday, June 23.
C. Maintenance Committee Bob Hansen, 10MS, reported that they met on May 27. The main purpose of
their meeting was to re-address their proposal made to the Board at the May meeting. They
recommended opening up the Lower Level of the Activities Center and spelled out the work that would be
required to accomplish this. At the May Board meeting, their recommendation was approved and $XXX
was allocated for 6 new light fixtures and some new ceiling tile. During the forum portion of the May Board
meeting, Bob stated that our committee had reviewed our recommendation and now felt that opening the
lower level would not be the proper approach, due mainly to the supporting walls that could present a
problem. After our last meeting adjourned, several of our members went to the Activities Center and
looked at the wall structure, plumbing, and wiring problems in the Lower Level that could present a
problem, along with the ceiling not being the same height in the front section as it is in the back section.
Which means when they tore out the kitchen area they would have a problem. They then did an overview
of the space which would be available for pool tables, ping pong table and other equipment, without
removing any walls. Only one pool table and the ping pong table could be moved due to space problems.
They then went to the Upper level to see what had to be done in order to open it up this summer. The
following items were listed: Speed-up the exhaust fan to move more air. 2. Secure all of the sliding
doors so they could not be opened. 3. Temporarily close off the stairs to the Lower Level, 4. Clean or
just vacuum the carpet. After reviewing these options, we felt that working in the Upper Level was the
proper and quickest method for opening the Activities Center. This is why we reversed our
recommendation to the Board. They discussed the above and as a group thought opening the Upper
Level was the best option, however, Bob Radez pointed out that the Board would not approve this without
putting an emergency exit in the Upper Level. In order to do this, we would have to either build the entire
deck or build a section of the deck exiting out of one of the sliding glass doors. We estimated that the
small section would cost about $XX to $XX, depending on the type of material used, however, this section
would be part of the whole deck in the future without much change. Bob Radez thought that this money
could come out of the Activities Center Restrictive Account and he would discuss this at the next
Operations meeting. It was also noted that the Board has already approved the extra money for the labor
to open the Activities Center and we have $XX left from the $XX that the Board approved last month.
Further discussion between Bob Radez, Don Steward and Terry Myers about the possibility that the Board
would pass the request for this extra money, lead to Bob Radez giving Terry Myers his Lowe’s Credit Card
and told him to go ahead and buy the material. Our committee was asked to submit a bill of material for
the partial deck and Terry would get it on order. The project was completed on June 11, 2004. Their
committee has 73.5 hours accumulated for this project. They also had 5 hours for putting the wiring in for
the new microphone system. Their next meeting is June 24 at 1:30 p.m. Bob Radez thanked the
maintenance committee members for pitching in, helping out and doing a great job.
H. Siltation Gene Mills, 262LH, reported that for the time being they tabled the cove 6 retention pond, but
they are still looking at the different options for Cove 20 retention pond. They are working with the Clear
Creek Conservancy District to draft a document for an easement for a retention basin on their property
below the spillway. They dug some test holes in the temporary clubhouse basin and found the ground is
still too wet to be worked. The JV pond drainage ditch has deposited silt at the point of entry into the lake
and they are going to remove it shortly. The drainage creek at Lincoln Park between the common ground
and property owners’ land is starting to under cut the grass bank. The committee is considering laying a
ground retention material and rip rap along the creek, building a small retention pond at the point where
the creek flows into the lake and then remove the silt that has accumulated.
Linda Freund has met the requirements to be a member of the Siltation Committee therefore he
requested the board to ratify her approval as a committee member. Margaret Dermond moved approval
for Linda Freund to become a member of the Siltation Committee. The motion was seconded by Mark
Starnes and carried.
Their next meeting is June 24, 7:00 p.m. at the Clubhouse.
I. Summerfest Loyal Sabean, 643JV, reported that the Summerfest is this weekend. The events open up
on Friday evening with the Hendricks County Ramblers. The Saturday evening entertainment will be “Why
Stop Now” dance band. They also have a group of young kids called “The Illegal Operation”. On
Sunday they start off with an early morning church service, and the Queen Contest. The Fire Station will
be open during the day, and they will provide a smoke trailer. They will have a 3K walk/run. They will have
health checks; the Humane Society of Putnam County will be here. Heritage Lake Rods and Relics will be
here with their cars, tours will be available at the new fire department and they will provide a smoke trailer.
WREB will be here with a live remote. They will have the boat show, some car dealerships, and various
business exhibits. 7 food vendors, pony rides for kids, and the dunk tank again this year. Raffle tickets
were printed and distributed to the blue boxes. The prizes are $XX, $XX and $XX. They will sell 50/50
tickets at the Summerfest.
The other issue is they put up a banner a week ago, when REMC put it up one of the ropes came loose.
He got home Monday evening and got a call saying the rope came down and apparently caught their side
view mirror and pulled it off their truck. As soon as he got that call he called Hendricks Power, they went
out and it had disappeared. When he checked his Summerfest Voice Mailbox someone had called
approximately an hour earlier to advise him that a rope was hanging down. They are going to think twice
about doing that again, because should that come down again they don’t want the liability. He invited
everyone to support their Summerfest and have a good time.
He also reminded everyone to call their homeowners insurance company to let them know we now have a
fire department, it may lower our premiums.
V. Misc. Reports
A. Manager’s Report: Terry Myers reported that a revision was made to Administrative Policy 6030. All
references to quotes are removed and language to the effect that the POA Board will determine or direct
management when sealed bids are to be received was added because it did not specifically state who
decided to accept sealed bids.
They received sealed mowing bids that were opened at 1:00 p.m. on June 9. Sixteen requests were sent
out and two contractors sent in sealed bids. They were placed on the agenda under New Business for
POA Board consideration this evening. The Operations Committee approved an employee request for
payroll deduction for supplemental insurance. The cost to the Association will be the time and materials to
withhold and send in the payment by POA Staff. The Heritage Lake POA will not be taking a position on a
proposed boat repair business just outside of the corporate boundaries. They were approached by a
business proposal for the Pole Barn structure on Crown Point Drive. There was no business plan or other
information provided to the POA Board other than some verbal communication. They took no stance on it,
for or against. The Lake Security boat motor died. The boat was running properly earlier in the spring but
something major failed in the engine so they had to replace the motor. Mr. Cliff Brumback (a local
mechanic) helped get a remanufactured motor and replaced the motor in a matter of days. The Clean Up
Committee provided the POA Board with a proposal for a new notification method for possible policy
violations. The idea is to have a card to hang on the homeowner’s doorknob defining what the problem is.
The Board requested a prototype to look at but thinks the concept is good. We have received a lake
water quality assessment. Don Steward takes Secchi disk tests readings several times a year and
submits them. The data about water quality is tabulated from this information and they send us the results
annually. The report is available for review at the POA Office. We are very fortunate that we have a
WasteWater Treatment System at our lake. Septic Systems at other lakes are really creating havoc.
Creel Survey cards are available at the clubhouse and marina. We hope all fishermen (or fisherpersons)
will take part in this survey. This is an excellent way to learn about the health of our fisheries. We need
to know about the health of our fishery and the Lake Committee is working hard to collect this information.
Linda Freund has placed the Heritage Lake’s POA email address in the Highlights. This will give
members another avenue to communicate with their POA Board and Manager. We are also working on
other methods to make the POA operation more transparent and inclusive to its members. The email
address is email@example.com. We are not promising that we will answer e-mails but they will be read. A
property located on CR 500 North or campground road has notified the Association of a possible variance
he wants to cut the acreage from ten acres down to five.
B. Security (Common Area): Ron Barger, Heritage Security, reported routine patrol of all common areas
and opening and closing for various activities. During the month of May they performed: 6 VIN checks, 5
Domestics, served 18 civil papers, 1 medical run, 0 fire runs, 6 traffic stops (five vehicles and 1 off road
quad), 2 B&E (one to an unattached garage nothing was taken, one to a rental it’s unknown if anything
was taken. Do have suspect and information received), 3 mischief/vandalism, attended several meetings
throughout the month, 2 investigations are ongoing, 2 thefts (one was a mailbox that was found and
returned later, one a license plate believed to have been taken in Marion County), 1 assist other agencies
(assisted an officer at McPhersons with an unsafe vehicle towed due to many violations), 1 dog bite
(owner notified as to quarantine), 1 harassment complaint (threats), 1 suspicious vehicle operating at an
unreasonable low speed (was looking for their lost dog), 1 gun shot (was off the lake), 3 Illegally parked
vehicles (one at the treatment plant, one in LH park and one on the old road bed). 1 damage to a dock
due to a possible conflict of interest another County deputy was called in. I assisted him only as a back up
unit. 1 Assistance call (a handicapped person needed help in getting his disabled electric golf card out of
POA Security runs: Eight persons were removed from several locations around the lake having no POA
cards. Aided Hap in getting his disabled tractor home. Observed a wave runner doing maneuvers near
the Lincoln Hills area. Reported it to Lake Security and he was found to be a guest operator. Three teens
were removed having no POA cards on them.
At Heritage Lake we have 3 small on going problems that he hoped do not develop into something more
serious. Children are walking, playing, riding bikes and scooters on the roads, they are county roads, they
are not a play place. If you’re going to walk after dark, wear light or reflective clothing. Also walk facing
the traffic and excuse yourself if a vehicle does not yield to you.
C. Lake Security. Shelley Fields reported May 10 – June 6. They had some boat troubles. She publicly
thanked maintenance (Ron Kirkbride) for always fixing the boat except for the time they needed a new
engine. Then Terry, Cliff, Ron and Mike Lambert who were very quick to make sure they had a boat to
patrol when the security boat was inoperable. Terry and Cliff were very quick to get the new motor,
installed, and back on the lake. During the times it was being worked on they used the maintenance
barge and Mike Lambert’s personal boat.
They gave 57 verbals for these various reasons: a lot of them are new people that we inform them of
what they are doing wrong. On lake while closed for aquatic weed treatment, orange flag, failure to
register, wrong way, lights after sunset, wake after sunset, failure to display lot #’s (which is a problem this
year), failure to stay right, double registration stickers displayed, illegal life vest (they have to be type III for
personal watercraft and to be towed), wake in cove, swimming too far from shore, sitting on sundeck while
above idle speed, fishing off marina dock during heavy traffic, 100 ft. Rule, being within 50 ft of the spillway
with a boat , and taking off with skier perpendicular to shore (instead of parallel to shore).
During the month they gave 8 written violation tickets: one was a guest operator and the other 7 went to
the same property owner for repeatedly refusing to comply with Heritage Lake rules to register their
watercraft and for being on the lake while suspended. This is now a legal issue.
They did 15 fish checks. All were Okay. They are trying to help the Lake Committee with their creel cards
by filling them out for the fishermen with their information. They had a 3 lb. 1 oz small mouth bass caught.
They are still having reports of Walleye being caught on a daily basis.
They had 7 tow ins, picked up debris, removed a large dead turtle, moved buoys, found a reported stolen
boat and returned it to owner, looked for missing son out after sunset hours reported last seen on a PWC
when she went out to look his PWC was at his personal dock, found out who had put the homemade
ramp and dock on common property in the lake and had them remove it, scanned the dam with their spot
light looking for reported trespassers night fishing per request Ron Barger, and various other things.
Please make sure you read your weekly reports, they usually are a little more detailed.
VI. Forum (Comments regarding Old Business items only)
Kent Hoops, 260MS, questioned Item C. the mowing bids. He thinks we previously looked at mowing bids
at least on two separate occasions. We just purchased a new mower for our maintenance personnel to
mow grass. He speculated the mowing bids were at least $XX. We purchased a new mower that cost
approximately $XX and we have a gentleman operating it who we pay an hourly wage to mow for
approximately $XX. So we are getting the entire project done to our satisfaction for around $XX with the
cost of a brand new mower. Next year we won’t have that cost so potentially we can get the entire work
done by this same employee for $XX. He asked if this was an accurate statement. Bob Radez
responded it was pretty close. They do have a break down of the employees’ cost. The new mower has
helped quite a bit. Last year we were using old Equipment and that has changed. Kent commented that
he is just curious going back to the budget issue if we are $XX behind where we were last year can we as
a board use the intent to capitalize on what we have and not what we don’t have. What we have is a new
mower and employee who does a great job, and is able to maintain what we already have under our
direction. Bob Radez thanked him for his comments.
Mike Lambert, 642GB, asked why they are closing the Marina on Tuesdays? Bob Radez responded that
it was suggested that there were 2 ways to take a 3-day weekend by using Friday, Saturday & Sunday or
Saturday, Sunday & Monday. We knew that Mondays and Tuesdays were pretty much slow. Mike
Lambert disagreed and remarked that it’s not slow on Monday or Tuesday. He told Bob that they have to
come down to the marina once in awhile and see for themselves. He suggested they rethink this and
reminded them that they said they were going to put the marina back on the hours. He thinks they should
leave it alone, even if you have to take money out of your own pocket, and added that everytime you do
something it is always the marina that gets hit first. Campaign statements were made by the new board
members what they would do if they were elected and now they are going back on what you said when
you were elected. Bob Radez responded that the minutes reflect that they would revisit the marina hours
after Memorial Day to see if they would need adjusted. Mike Lambert commented that it only cost $XX in
labor on Mondays or Tuesdays. You are taking something away from them and if you do that he will come
to the Board with an injunction.
Mary Williams, she has seen the new deck and it really looks great. The fact remains she was on the
activities center committee and got all the facts through her friend the architect who went to the state and
clearly stated that we only needed one exit. Again, she is only thinking of money; she thinks it is a wise
thing but it was stated that we only need one exit. So she heard we spent approximately $XX, but if we
continue to have a money crunch, she is questioning it. She thought probably liability wise it is a wise
thing to do. Since she was involved with this since the very beginning. She knows the fire alarm system
was put right above that door. Bob Radez also noted on the stairway they are also going to eventually add
on an access for a wheel chair ramp.
Terri Miller, 307VH, commented in regard to the house demolition in Victory Hill when she went to
McPhersons to purchase a newspaper she realized right away that the eyesore was no longer there. She
also commended whoever was responsible for the resurfacing of 150 South, that is the access to 75 from
the east side of the lake, because they have a real road now. Bob Radez responded that he thinks part of
this was the result of the hard work Marilyn Bigelow and Mary Williams have done for Heritage Lake as
members of the Government committee and deserve some of the credit.
Kent Hoops, 260MS, asked if the marina income reported in the previous year comparison sheet passed
out this evening included boat registration income? The marina income year to date is $XX and expenses
were $XX (expenses did not include labor). Terry Myers responded that yes it is. The motorized portion
of that is $XX.
VII. Old Business
A. Sound Built Demolition (VH056 & MS289) Terry Myers reported that the houses at VH056 and
MS289 were demolished on June 2nd and 3 . There was a last minute stay but the Judge refused all
three motions so the demolition crew moved in the next day and demolished the homes. Last month
the board allotted up to $XX to demolish the houses out of 2004 project funds. They voted to set aside
the rules to vote to use money out of the project money allotted for other things to take care of this
because time was of the essence. We had a proposal from a local contractor for $XX to demolish both
houses. We received bids from 4 contractors to remove the houses (two of them submitted bids for
time and material and two submitted bids for the whole project). The board felt the $XX was the best
deal. The board needs to vote the second time on the actual amount. By court order we are supposed
to get this money back. The court ordered that those houses were to be removed by the POA at the
owner’s expense. We will be proceeding to try to get the money out of him over the next few months.
Margaret Dermond further explained that the board approved the 2004 budget. There was a 2004
project account that totaled $XX. When all these various unexpected things were coming up she made
the motion that we use money that had been in the project listing to try to cover these things since we
didn’t have the money in our current budget to cover this. So, we are using last year’s money raised by
the Level I user fee. She thought that was the best way to do it so that we didn’t get into taking an
approved budget and spending money that was not appropriated. On the other hand she made that
motion knowing full well that we are using money that we had hoped to spend on other projects. They
also know it won’t be easy to get the $XX back from the property owner. Bob Radez commented that
was a surplus from last year. Don Strickler clarified that this isn’t from a surplus, this is from some
things that were budgeted and now those projects will be scarified. Margaret moved that we pay the
$XX to Brian Stephenson the demolition of the houses at VH056 and MS289. Don Steward seconded
the motion. Don Strickler moved to amend the motion to state that the money for this demolition come
from the 2004 project list monies. The motion was seconded by Rick Huddleston and carried.
B. Marina Hours Margaret Dermond as far as the marina hours are concerned she does not believe there
is a board member sitting up here that wouldn’t like to have the marina opened daily. But the reality is
we are some $XX behind our money from last year already. The reality is that when we as a Board at
Operations meetings look out beyond June, we are putting ourselves right back in the same condition
and situation money wise we were in 2 years ago. We are going to be fortunate if we end up this year in
the black at all. Yes, we would like to give everybody everything they want but it’s the same old story it
takes money and we have somewhere between $XX and $XX less in income already this year.
Bob Radez stated that we saved approximately $XX in labor hours last year by closing down. He is a
fisherman and would like to see it open, but he does know that several marinas around the state are not
open 7 days a week, 10 hour days, like ours used to be in the past. Not to say that if we do have the
money it is nice to have it open daily. We are all members on the Board who also enjoy the facilities and
would like to keep it open if we can. But when we looked at the budget, they thought it was best to
critique this. They would like to stay within budget. It is his intention to try to correct this problem in the
Don Strickler pointed out that last year, when last year’s board set about the cost cutting exercise we did
take the marina from 7 days a week down to 5 days a week. So even though we are back tracking and
taking Tuesday away from the membership it is still open substantially more than it was last year.
Secondly, he would like to ask the membership to work with us on this. He paraphrased a comment
that was made during the forum that “we said we could open the marina for the money that we have and
now you’re back tracking on that”. He has been on the board a long time and every year he sees the
education and maturing of new board members and it comes about because of them being exposed to
the facts and figures and he thinks we are witnessing that as we speak. For whatever reason emotions
run high these last several months going all the way back to the last election. He then made a request
to the membership “don’t hold new board members accountable for what they said during the campaign,
hold them accountable for what they do from this point forward”. Don Steward asked the gentleman
who runs the marina, when we first started out this year we needed 2 and 3 employees to sell the boat
registrations at the marina. What would happen if it was cut down to just one employee on Tuesday,
how much would we save? Stan Holewinski explained that our cost on Tuesdays is $XX in labor for two
employees. He added that we do not want to have one person in the marina by himself or herself, it is
Margaret Dermond moved that beginning tomorrow, June 15, that the marina will be closed on
Tuesdays. The motion was seconded by Rick Huddleston and carried.
C. Mowing Bids. Terry Myers reported that as he mentioned earlier we sent out 16 letters requesting
sealed bids and received 2 back. One was from Sandbranch Landscaping, Inc., the other from Brunes
Lawn Care. Sandbranch gave a total cost per year of $XX, that would run for three years for a total of
$XX. Their cost per mowing was based on $XX per service times 25. Brunes Lawn Care cost per year
totaled $XX based on $XX per cut with a three-year contract price of $XX. Brunes submitted everything
that we asked for; the other company was deficient on 3 of those items, however they did address those
things on their opening page that these items will be issued upon acceptance of their bid. Mark Starnes
questioned Don Allen’s hours on the estimated mowing costs that 20 hours per week, as Treasurer he
signs the payroll checks and his hours have been totaling 40 hours per week and asked if all that has
been for grass mowing? Terry Myers responded that he is a part time employee who works 40 hours
but mows for us approximately 20 hours per week. Bob Radez added that Don Allen does a lot for us
for that hourly wage. Terry explained that Don is a two tier system employee, when he operates the
dredge it is one rate and mowing and regular maintenance is another. We have an arrangement with
him on how he is paid. He is retired, very knowledgeable, and he is satisfied with that wage. Terry
added that he put a memo together for the board providing our employee cost figures that includes
benefits for an approximate total of $XX for what we are doing it for in-house right now. Mark Starnes
commented that he was going to abstain from voting because he put in a bid last year, secondly he
opted not to bid this year.
Margaret Dermond moved that we disregard the two bids and keep our mowing in-house. Don Steward
seconded the motion. Mark Starnes abstained. The motion carried.
D. Activities Center Repairs Terry Myers reported that the Activities Center repairs is what the board
approved last month. They approved $XX to make the repairs. They moved a little bit outside of what
the board said, because when it became obvious that there were so many problems to overcome with
the downstairs that it wasn’t workable, the maintenance committee wanted to move forward so they
could get it before the Board for tonight. The money approved for the Activities Center was spent on the
Activities Center but on the upstairs instead of the downstairs. So, he in conjunction with the
Maintenance Committee made the decision to spend the money to put the partial deck on because
when this was discussed the Board expressed concern because they did not feel it would be safe
without another upper level exit. Bob Radez asked Bob Hansen if he stated that $XX or $XX had
already been spent? Bob Hansen responded that they spent $XX on the light fixtures for the
downstairs, which will be used eventually. Terry Myers said he would have to check the budget to see if
that money came out of the activities center repair fund. The Board summed up that we spent $XX on
getting the upstairs ready plus $XX out of Bob’s charge card so we spent $XX on the upper level and
$XX on the lower level. The budgeted project list after we take out the $XX for the activities center cost,
the $XX for the microphone, $XX for Sound Built demolition, the $XX that had been approved for the
activities center materials leaves approximately $XX left in the project list. Bob Radez asked why it
didn’t come out of the activities center restricted account because this is remodeling? Don Strickler
explained that the Board can move money around within the project budgeted money, if we take it out of
one of the reserve accounts that requires 2 readings. Bob Radez reminded everyone that this is the first
step of the remodeling project it is not a repair. He thinks the board should address funding this project
in the future from the restricted account. This came out of the projects list so we could pay the bills but it
is actually activities center remodeling. Bob Radez stated that he would like to see it refunded at a later
Margaret Dermond moved that we pay for the materials that have been purchased for what has already
been done at the activities center and take it out of the 2004 projects fund that was approved as part of
the 2004 budget. The motion was seconded by Rick Huddleston and carried.
D. Activities Center Personnel Terry Myers stated that the board last month approved $4,300 out of the
project money to pay for personnel to allow the opening of the activities center, that requires a second
vote. The Operations Committee discussed that the pool lifeguards budgeted money of $13,000 enters
into the mix because the lifeguards will be rotated between the pool and activities center. Margaret
Dermond questioned what had really been agreed upon as far as the pool and/or activities center being
open 6 or 7 days, it was not clear at the Operations meeting what they had really agreed upon? The
proposal indicated one price for the activities center being open for the summer 6 days a week as
opposed to having it closed. The difference in cost for 6 days a week versus 7 days a week is the $XX
figure that they are discussing. Her figures do not show opening the pool and activities center for 7 days
a week; her figures were for 6 days a week. Bob Radez stated that he had the same figure $XX. Don
Strickler responded that is true. Terry Myers explained that the pool was budgeted for 7 days a week.
He agreed it was said 6 days on the pool, but it was budgeted for 7. The Board needs to clarify whether
it is going to be 6 or 7 days at the pool and then clarify, if you do open the activities center, how many
days they are going to open it. Don Strickler commented that based on the fact that we have an
approved budget amount for labor for the pool of $XX and last month we added $XX even though the
$XX came from a worksheet that said the pool would be open 6 days, our intention was not 6 days
when we established the budget. Last year we only spent $XX for labor at the pool. Don Strickler
moved that we continue the course to have the pool open for 7 days a week, add $XX for the labor line
item for the lifeguards so that would become $XX for the pool and activities center and pray for rain.
The intent is when the pool is not open the activities center is not open. The motion was seconded by
Don Steward and carried.
It is a management decision to close the activities center when the pool is closed and no one is at the
activities center. Tracy Montgomery suggested that next year the Board budget to open the pool in June
instead of Memorial Day Weekend. The last 3 years she has been here it rained on Memorial Day
weekend, and the water temperature has been too cool to open that weekend. Margaret Dermond
voiced concerns with young guards supervising the activities center all by themselves. Tracy
Montgomery responded that she does not leave the guards by themselves at the pool either.
Margaret voted against the motion because she felt we should cut back and only be open six days a
week. if we are going to close the marina. Plus we need to watch our money. The motion carried.
F. Microphone System Terry Myers reported that the microphone system for $XX is at the podium, back
at the table, and three on the Board members tables so we can get better coverage for our speaker
system. It looks like it is doing the job. This is another project that we covered with our 2004 project list
to be reassigned. Bob Radez stated even though we have a budget and we are zeroing in on that
budget there are unexpected events that happen, this is another reason why each member needs to
think about it. This is a small item but there are several unexpected larger items like the Sound Built
demolition that is a major item that come up that they didn’t or weren’t able to budget for that we may or
may not recoup our costs. Margaret Dermond moved that we pay the bill for the microphone system
and take the money out of the 2004 project list. The motion was seconded by Rick Huddleston and
VII. New Business
A. Feast ‘n’ Ski Request to close East Fork for Ski Show Event on August 7. Terry Myers stated in
order to have a safe lake the Lake Committee has requested that we close the east fork area to give
them room to set up and do their show from 5:30 p.m. to dusk. This item was deferred to Kent Hoops
who is in charge of the ski show. Kent Hoops explained that in an attempt to make things a little more
stream line it was requested to move the ski show to the east fork in front of the clubhouse, the beach
area, etc., to give everyone a better view. It will also give them some more set up time. They also
changed the event structure by having a ski parade for the young kids. The ski show will actually start at
a later time. They are a little short on skiers because some of the skiers are going to be in Hawaii
participating in a wedding. He asked anyone who would like to help set up or participate in the ski show
to give him a call. The Feast will be held at the clubhouse shelter.
Margaret Dermond moved that we close the east fork for the ski show on August 7 from 5:30 p.m.
through posted sunset. The motion was seconded by Don Steward and carried.
B. Statement Regarding Board Action Removing User Fees Margaret Dermond moved that we
declare the actions of the Board at the March 8, meeting in which they modified the Budget as “Null and
Void” because we did not have the proper majority needed to modify the budget. The motion was
seconded by Mark Starnes and carried.
The 2004 Budget, as passed in December 2003 is “In Effect” and the board just put the 2004 user fee
schedule and A&E Fees back in place.
C. & D. Address 2004 Fee Schedule and the A&E Fees
Don Strickler asked that we set aside the rules so that we can legally modify the budget, this he thinks is
in the best interest of the community because it would be terribly confusing and would create an
incredible amount of work for the staff if we tried to go back and collect the money that should have
been collected according to the 2004 budget as passed last year. Don Strickler moved that we set
aside the rules so that we can legally modify the budget. The motion was seconded by Margaret
Dermond and carried.
Don Strickler moved that we amend the 2004 User Fee and A&E Fee schedules to be changed to the
2002 levels except for the boat tie up slips and the A&E Permit fees. The motion was seconded by
Margaret Dermond and carried.
At this point the budget has been amended, the suspension of the rules goes away and we are back to
typical rules of order.
E. AdHoc Investment Committee Bob Radez explained that throughout the year we take in a lot of
money all at one time, it starts in March through May, during the time our assessment monies come in.
As these funds come in we have to hold those funds for spending throughout the year. Currently we are
investing these funds in CD’s because they are risk free, but their return is very low. Bob would like to
start an AdHoc Committee of people who are experienced in investing to look at a plan to see if we can
invest these funds at a higher return with the least amount of risk in a different manner. Terry Myers
has been instructed to purchase CDs and when we need the money throughout the year the CD’s are
redeemed to pay the bills. He would like to ask for a volunteer group as an AdHoc Committee to look
into it to see if we can invest these funds in a different manner without risk. The group would have to
determine if risk is the same as our CD’s. First the Board wanted to see if we could get volunteers for
E. Finish Activities Center Deck Terry Myers reported that the Maintenance Committee and he has
been working on replacing the deck that was removed last year, because it was in such bad shape.
They came up with a cost estimate based on the cost for the section they just completed using a resin
board. It was essentially put back the way it was, but using newer and better materials. The
maintenance committee has agreed to take on the project if the board will fund it. The Maintenance
Committee feels that for roughly $XX they can put the rest of the deck back onto the activities center.
He thinks it’s a great opportunity for the POA to get the facility back to where it was before as far as the
structure itself. We have some dedicated people who are willing to take this on and suggested that this
project be funded out of the Activities Center restricted account not to exceed $XX not the 2004 project
list. He pointed out that the President of the association has $XX of his own money that he contributed
towards this deck making the project cost $XX. Don Strickler reminded everyone the name of that
account is the Activities Center Restricted Account only because of our Audit Committee’s interpretation
that we can’t have funds that are not designated to a specific project. At that time the board thought the
activities center was the most likely place for us to spend a significant amount of money in the short-
term future. So they renamed the account simply to bring ourselves into alignment with the IRS
regulations. He is not convinced unless we get a significant increase in our revenue stream that we
should spend that $XX on the activities center. There are still some very, very difficult choices ahead of
us as a community. The pool is not very far behind the activities center from a needs stand point. We
are going to need to spend tens of thousands of dollars on the pool sometime in the short-term future.
Don Strickler added that every asset we have has very, very insignificant amounts of money coming in
from the current revenue stream.
Don Strickler moved that we move $XX from the Activities Center Restricted Account to fund this
project. But he is very reluctant to continue to spend money on the activities center until we get some
type of enhanced revenue generated. Don Steward seconded the motion. Margaret Dermond stated
that she will not vote to spend this kind of money because she does not see the income coming in to
spend it out like this. Bob Radez stated the reason he is for it is because we have a Maintenance
Committee who is volunteering the labor. Margaret agreed and thinks that is great, but we don’t have
the money. Don Strickler, Don Steward, Bob Radez, Rick Huddleston and Joan Snyder voted for.
Margaret Dermond, Leo Schubert and Mark Starnes voted against. The motion dies. Margaret
Dermond moved that we reimburse Bob Radez ($XX) for the money he has put out for the activities
Center and that we take it out of the Activities Center Restricted Account. The motion was seconded by
Don Strickler and carried. This will be under Old Business next month.
G. A6030 Administrative Procedure for Acceptance of Bids & Proposals Terry Myers reported that
the Board clarified the procedure for accepting bids and proposals. If the board feels there is a
situation where they need sealed bids, they will direct staff to do that and this is the procedure that will
be followed when they do it. It is an administrative procedure. There is another portion that gives
authority to committees to obtain a bid, open them and make a recommendation to the board. It also
clarifies some of the older language.
Don Strickler moved that we accept A6030 as amended. The motion was seconded by Rick
Huddleston and carried.
Ben Fuchs, 77GB, stated that he is involved in the A&E Committee and they are in charge of the dunk
tank for the Summerfest. He is putting the schedule together tomorrow and needs someone for Saturday
at 4, 5, and 6:00 p.m. and Sunday for 11:00 a.m. 12:00 and 1:00 p.m. There were’ t any additional
Ed Leibrock, 145PL, (Conservancy Board member) discussed the letter that was passed out this evening
by Wendie Johnson. He stated that first of all this is not a private or public lake it is a Conservancy lake.
The Conservancy District owns the bottom and the POA owns the water. A good number of years ago
they were deeded the lake operation and water portion of it. It is a recreational lake to the POA. We can
cancel that at anytime, they can cancel it at any time. We have the complete ownership of the operation
and that should not be denied. They can check that with Conservancy Law. If anybody wants to sue
concerning the ownership of Heritage Lake he said they should take on the owners, the Conservancy.
Margaret Dermond pointed out that Mr. Leibrock just made reference of something that was passed out
this evening, the board was not aware of anything being passed out. Terry Myers stated that he picked up
Kathy Winslow, 420MS, asked what the board is doing about contractors who are building homes out here
and when they don’t sell them turn around and rent them. A renter lives behind them who had a party
during the holidays. They started at 2:00 p.m. and had loud speakers until 1:00 a.m. They couldn’t sit in
their own home and hear their TV over the loud music, let alone their patio, that is pretty bad. They don’t
care what they do; they don’t care about anybody else’s property because they don’t own property. Bob
Radez asked her if they notified security? She responded that they had, they came out and that lasted
about 15 minutes because there isn’t a noise ordinance out here. Bob Radez responded that we have
had problems with noise out here and he would like to see the board address it at the Operations
Committee meeting. Don Strickler commented that he is hearing two issues. Kathy yes there are two
issues: the noise level and contractors building homes and when they can’t sell them then turning around
and renting them and those people don’t care about anything. Don Strickler responded that it seems at
one time that we did get a legal opinion on what we could do to keep contractors from building and renting.
We implemented some policies and we did slow it down. At one time there were builders that were
building several homes at once, finishing and renting them. We did pass a policy that at least slowed that
down and that no one contractor can have more than a certain number of homes under construction at the
same time. But our attorney did tell us that there really wasn’t much we could do to prevent a property
owner from renting his property, but Don said that he is not opposed to revisiting that issue to see if that is
a possibility or not. But we might be able to do something from a noise ordinance standpoint much like
the one we did with the fellow who was shooting his gun. Kathy added that they had microphones out
there and a big screened TV. Don Strickler commented that they would make sure that gets addressed.
Mary Williams, back to activities center if the upper level gets open there are some windows that would be
better served (they are Anderson windows) if they had a screen on them.
Mary Williams commented that she took a drive on Patriots Landing, Gettysburg and Mill Springs and
noticed the easements on Heritage Drive were mowed. She called the office and found out that the
maintenance people are not doing this. She pointed out that the county has come over and mowed the
easements on Heritage Drive. They are in just as much trouble financially but they did come over and cut
the easement in those areas and she just wanted us to know that they are trying their best. They are also
doing a good job on the potholes. She also pointed out that there are 3 real estate signs on the corner
that leads down to the campground that has the big telephone service box and asked if that is Heritage
Lake Property. Terry Myers said he would look at the map.
Margaret Dermond publicly thanked Mary Williams and Marilyn Bigelow for their efforts with the county in
obtaining some road repairs out here.
Kent Hoops, 260MS, commented that a year or a year and a half-ago Chris Pruden was excused from
several meetings based on his not being in good standing. Either we owe Mr. Pruden one heck of an
apology or we need to ask Ms. Johnson to leave. Bob Radez responded that she was asked to leave
before the meeting started and it was noted that she was here as a member not in good standing he does
not want to push the issue, this will be handled by the court (or the legal system). Kent Hoops also
questioned that either we are all ignorant or we have people operating watercraft on our lake that have not
registered their watercraft. Now either he wants a refund for all his watercraft and all his neighbors
watercraft and everybody down the lake or he wants some action taken in regards to 2 personal watercraft
and a boat and a dock, if we don’t own the water and the bottom then how is the dock in the water? We
have people who live out here that get busted for guest operators on their watercraft, serve their
suspension, etc. He knows friends of his who missed out over weekends and a holiday with their family
because someone made a mistake. Everybody else signs the paperwork that says they read the rules
and agree to abide, obtains their operator’s license and have lived by the rules for years. We need to do
something and it needs to happen now.
Bob Radez this is being addressed by our attorney. Ken Hoops stated that he is running out of patience
with our attorney. He doesn’t want any more phone calls of people saying there is an illegal operator on
our lake. Terry Myers explained that there is a procedure and a process that has to be followed, it is just
like Sound Built, you have to go through the legal process. Terry Myers added that action is proceeding.
Frank Traut, 151JV, invited everyone to attend the Campground’s hog roast, followed by a band, at the
shelter house at the campground on July 3.
Paul Prather, 310LH, questioned statement #8. in Wendie Johnson’s handout this evening that read: All
watercraft is required by state law to display Indiana Identification Numbers. He stated that someone
better inform the license branch in Putnam County that you have to have an IN number on your boats at
Heritage Lake. He asked the license branch and they responded that if you live at Heritage Lake you do
not need registration numbers on your watercraft.
An unnamed property owner asked where is the sheriff on this issue? He understands the legal process
but everytime they are on the lake and not properly registered the sheriff should be called. He felt there
are things that can be done.
Dale Smith, 79GB, doesn’t know all the issues on all this. He asked why is she causing all this trouble,
what is her problem, can’t she live within the rules or what? Bob Radez responded that at this point she is
not a member in good standing and is not complying. Several property owners asked then why isn’t she
being removed and able to swim in the lake, utilize her boats, etc? Kent Hoops commented legal process
or not he would like an answer to that question. Terry Myers responded that she is not, but it is just like
her sitting here tonight. Mr. Pruden even though he was not in good standing over an issue, he was
courteous and he left the meeting. This is a case where a person is not going to obey authority of this
board and we are just going to follow due process on it. He asked them to bear with them, they can’t
move faster than we can possibly go with the legal system. Bob Radez stated that this is advice of our
Kent Hoops asked how much is this process costing the property owners to obtain this? Bob Radez
responded that if this is not resolved by next month they may have legal council at our next meeting to
address these issues.
Mary Williams asked why don’t we have a Putnam County Lawyer dealing with our covenants and
everything in this county? It bothers her, that maybe we need to look into another lawyer. Bob Radez we
already discussed this at the Operations meeting. Mary commented that we are the ones doing the right
thing and most of us are the volunteers. Speaking of the covenants this kind of stuff is all being set aside.
Several of them worked on the AdHoc committee to start the whole idea of why we needed this special
assessment. We have got to look forward but we can’t do that if we have pointed brains. This is really
bothersome to everybody. We just keep on keeping on about the same things and she is frustrated like
these people are and I didn’t blame them.
Bob Radez stated that his intention is to get this association back on the fiscal track and we are going to
have monthly meetings to review our budget to see what amount of the assessment increase we do need.
If we cannot reach it by 2005 we will implement higher user fees. We realize we are living hand to mouth
with these budgets.
Margaret Dermond commented that a lot of you sitting in this audience tonight know her personally she
only ran for this board because she wanted whatever was best for this community. Her and Ed plan to be
here until they have to be carried out feet first. She defended David Kenninger because she has been a
critic of him. Everytime they faced the court with the Sound Built question, which she has ridden hard
because of a very personal thing with the one next to Mr. Luichinger in Mill Springs. He was a paraplegic
who had to sit in his house watching day in and day out confined in his home, in his wheelchair, while he
watched that piece of junk get placed next to his house and he went to this grave still looking at that mess.
Yet that gentleman never got upset with her when she would talk with him, which was many times a week,
he would just say Margaret do you know anything else yet? She would say Jim it just moves slowly you
know how the court system sometimes works. We finally got it done, she said to Mrs. Luichinger she was
sorry he did not live to see this. However, David Kenninger is a gentleman above everything else he is a
gentleman and he has my respect and that does not come easy when you are talking about attorneys.
She thinks that is one profession that they have to earn your respect. She has been critical of him at
times, when he walked out of the judges chamber and wasn’t able to give her an answer that she was
sitting there waiting for. She wanted to know what day those things are coming down and Judge Lowe
had continued it. That isn’t his fault. He gave a good presentation, he presented what needed to be
presented, but the judge gave the man who had those messes out here every break in the book plus. We
were all frustrated but it isn’t that the attorney isn’t a good attorney. Our attorney said and she has heard
this from another attorney say that “when I go to court I want to be the most reasonable person in the
courtroom”. She believes David Kenninger knows what he is doing. She is just as frustrated as the rest of
you because we pay our dues, we pay all our fees for our adult children to have the operators licenses, we
pay to use the pool, etc. We all do all those things, then someone comes along and thinks they are above
all of our rules. Is this disgusting, yes it is. Not that anyone was she just didn’t want us to put blame in the
wrong place, the blame is sitting in this room tonight.
Bob Radez added that the Sound Built Systems owner was smart enough to move the laws around and
Indiana is a very strong property rights state. Mr. Kenninger moved in a cautious but accurate fashion.
Even at the last minute the owner tried to throw another obstacle in and it didn’t work. Margaret Dermond
commented that this was on a Friday afternoon before Memorial Day when he tried another stay.
Mark Starnes stated that we still need to express concern to our attorney on this property owner issue.
Bob Radez stated that Terry is in contact with the attorney on almost a daily basis.
X. Adjournment Upon a motion duly made by Margaret Dermond and seconded by Mark Starnes the meeting
adjourned at 9:52 p.m. The next regular meeting is scheduled for July 12, 2004, 7:00 p.m. at the Clubhouse.
Delores ‘Dee’ Heavin
Ass’t Manager HLPOA