BOARD MEETING MINUTES

August 11, 2007

CALL TO ORDER

President Brian Kozlowski called the meeting to order at 9:00am. Board members present were President Brian Kozlowski, 1st Vice President Sharon Bridges, 2^nd Vice President Marvin Frayer, Director Brian Heiden, Director Patricia Graham, Director Greg Hernden and Director Al Isaac. Also present were Manager Gail White, Treasurer Priscilla Moore and Secretary Todd Graham. The meeting was called to order with prayer by Secretary Todd Graham followed by President Brian Kozlowski leading The Pledge of Allegiance.

ADDITIONS TO AGENDA

Director Brian Heiden adds:

- Topic of recount from Annual Meeting

- Emergency meeting help prior to Annual Meeting

- Flag at Campground

- List of absentee ballot requests

- Financial records made available

- Listing of lots owned by the Association

- Campground / Weekender Committee

APPROVAL OF MINUTES

Director Al Isaac moves to approve the minutes from the June 9, 2007 Board meeting. Second by Director Patricia Graham. All in favor, motion carried.

TREASURER'S REPORT

For the month of July 2007 Treasurer Priscilla Moore reported income of $20,798.51 and expenses of $37,615.23. Cash on Hand at July 31, 2007 was $209,460.87. Motion made by 2^nd Vice President Marvin Frayer to approve the Treasurer’s report. Second by 1^st Vice President Sharon Bridges. All in favor, motion carried.

PRESIDENT’S REPORT

President Brian Kozlowski reported:

On the agenda copies you will see an email address getdslatwblra@gmail.com. That’s “get DSL at WBLRA at gmail dot com. Mr. Bondy, a WBL member has worked with computer fraud with AT&T and feels with sufficient member interest by submitting requests through this email address we may be able to get DSL available to WBL. We have a large attendance here today, there will be many opinions spoken. You may not agree but you must respect the individual’s right to speak without any cat-calling or interruption. We are all adults and should conduct ourselves that way. When anyone has the floor please respect that.

MANAGER'S REPORT AND APPROVAL OF PAYABLES

Manager Gail White reported:

The final report from the auditor will be presented at next months meeting. With the new regulations they monitor right up until they issue the report. The auditor will be here to answer any questions. In the proposed changes to the by-laws a deadline of May each year was suggested. Our auditor states that is not feasible as any firm would not be able to complete on in that time frame. Backup unit for the gate has been installed and is working properly; cost was $3,100.00 with shipping, taxes, etc. At Timber Lake there is an area where cars can park but they are not parking there so we need suggestions on what to do to encourage members to park where they should be in order to protect the beach. Enjoyed a week’s vacation in Costa Rica – thank you.

Director Al Isaac moves to pay the list of payables. Second by 2^nd Vice President Marvin Frayer. All in favor, motion carried.

UNFINISHED BUSINESS

None

NEW BUSINESS

Bank Resolution: Director Greg Hernden moves to adopt a resolution required by the Association bank authorizing the President, 1^st Vice President and Treasurer to sign all checks and financial documents. Second by 2^nd Vice President Marvin Frayer. All in favor, motion carried.

Interim Appointment of Committees: President Brian Kozlowski appoints all committees and members of committees to stand as they were prior to the 2007 elections until such time as new postings can be made. 1^st Vice President Sharon Bridges moves to support these appointments. Second by Director Brian Heiden. Director Patricia Graham states that she was chair of the Hospitality Committee and now that she is a Board member she will not be able to serve as chair and feels Gina Frayer should be appointed. 1^st Vice President Sharon Bridges moves to amend the motion to include the appointment Gina Frayer as chair of the Hospitality Committee. Second by Director Al Isaac. After discussion it is decided that Gina Frayer should not be appointed until she is asked if she wants to serve in that manner. Director Al Isaac withdraws his second. Motion to amend dies for lack of support. Member Carolynn Neal calls a “point of order” and states that postponing committees denies members who are not here year round to be involved. President Brian Kozlowski thanks her for her comment, but that is not actually a “point of order”. All in favor of original motion, motion carried. Sign up lists will be posted in the Clubhouse for all members interested in serving on any committee.

Weekender / Camper Committee: Director Brian Heiden moves to create this new committee. Second by Director Patricia Graham. 1^st Vice President Sharon Bridges asks member Kevin Dombrowski if he would serve as interim chair of this committee to help form the committee and create the committees purpose. Kevin Dombrowski accepts and states information on the committee will be posted on the Web Site. Manager Gail White states concern over the committee just focusing on campers. Kevin states it will be his goal to create a committee to benefit all members of the community and will work on a name to suit. All in favor, motion carried.

Amend Covenants and Restrictions Article II Section B: Director Al Isaac moves to amend the Covenants and Restrictions to allow sheds on member lots that do not have a residence. Second by 1^st Vice President Sharon Bridges. Member Mike Turner calls a “point of order” and states that the Covenants and Restrictions say they cannot be changed but for every 10 years so the current ones run until 2013. Director Al Isaac explains this motion is to put the change before the membership’s approval then legal council will be sought before adopting the change. After great discussion regarding guidelines in this motion (see attachment one) regarding the sheds having to be purchased through the Association, the size requirements, color requirements, etc. 2^nd Vice President Marvin Frayer moves to table until the September Board meeting. Second by 1^st Vice President Sharon Bridges. All in favor of tabling, motion carried. Member Sal Scozzari calls a “point of order” stating a majority of the members must vote to make any changes to the Covenants and Restrictions and reads a segment of Roberts Rules of Order. President Brian Kozlowski explains that the Covenants and Restrictions supersede the by-laws and Roberts Rules of Order so the “point of order” will not be taken.

Amend Covenants and Restrictions Article IV Section A: Director Al Isaac reads a motion (see attachment two) that would legally allow the placement of port-a-jons on common areas. 2^nd by Director Brian Heiden. Director Al Isaac states he believes the intent of the Covenants and Restrictions originally was to not allow each trailer to have an outside toilet. He feels we are not in violation of the original intent and feels the language just needs updating to allow placement at common areas. Director Brian Heiden states his concern regarding our hands being tied to not allow them if this was not passed by the membership as it would need to be and feels that the Board should consider making an amendment that would require port-a-jons to be automatically placed during a set time period. Director Al Isaac states doing that may cause a problem in the future if there is a decision to place permanent facilities at any of the common areas. Director Brian Heiden moves to table until the September Board meeting. Second by Director Greg Hernden. Vote is 3 yes, 4 no. Motion is not tabled. After further discussion Directors Al Isaac and Greg Hernden withdraw their support to not table. Director Brian Heiden moves to table until September Board meeting. Second by Director Greg Hernden. All in favor, motion carried.

Propane Bids: Manager Gail White provides bids from Stanley (see attachment three) and Progas (see attachment four). After discussion Director Brian Heiden moves to accept the bid from Progas. Second by Director Patricia Graham. All in favor, motion carried.

Petition for Special Meeting: President Brian Kozlowski asks if there is a spokesperson present to represent those who have submitted the petition. No response. Petition is read with all names that have signed the petition. President Brian Kozlowski states that 87 signatures have been accepted as valid which constitutes 10% or more of the membership as required by our By-laws. President Brian Kozlowski thanks Director Brian Heiden for turning in the original petition that morning. President Kozlowski acknowledges acceptance of the petition and states it will be referred to council. Director Brian Heiden asks if that is standard procedure and President Kozlowski explains there is no procedure as this has never happened before.

Election Recount: Director Brian Heiden moves to allow the recount that was requested by Linda McNeal at the Annual Meeting. Second by Director Al Isaac. Brian Heiden asks to recognize Jimmie Neal to speak from the floor, request denied by President Brian Kozlowski as it is out of order. President Brian Kozlowski reads a letter from the Association lawyer – David Dryer (see attachment five) – which states that in his opinion a recount is not justified since it was based on the two provisional ballots that were invalid because the members did not have their assessments paid. Director Brian Heiden states his concerns are because Al Isaac who was President at the time had made the statement that the Teller Committee would be getting back together to do a recount. President Kozlowski states that the election rules mandate the Board vote on a recount and a vote was not taken at the Annual Meeting. Director Patricia Graham states that at the Annual Meeting head teller Jimmie Neal and the entire committee were questioned regarding the results and they said unanimously there were no errors in the count. Director Brian Heiden states the election procedures state that if a recount is requested it will be conducted, we have a member who lost by only two votes and if they want a recount they have the right to one. President Kozlowski explains that the teller procedures actually state that a member can request a recount and state a purpose for that recount. In this case the purpose stated is not valid. Member Mary Cox-Perkins calls a “point of order” stating that the election rules used were not the ones adopted by the Board. Her point is ruled invalid. Director Brian Heiden again asks to allow Jimmie Neal to speak from the floor at this time and he is denied since it does not follow proper procedure. Director Brian Heiden asks to see a rule showing that allowing Mr. Neal to speak at this time would not be proper. President Kozlowski moves meeting into recess to look up the rule for Director Heiden. After recess Director Brian Heiden states his reason for the call of the recount is because Al Isaac who was President at the time had said there would be one at the Annual Meeting. But since the old Board did not vote on it he feels the new Board should and proceed from there. Vote on allowing a recount – roll call vote taken:

Brian Heiden – yes

Al Isaac – yes

Patricia Graham – yes

Greg Hernden – no

Marvin Frayer – no

Sharon Bridges – no

Brian Kozlowski – no

Emergency Meeting Held Before the Annual Meeting: Director Brian Heiden states he was told that after such a meeting you bring back what was discussed at a regular Board meeting. President Kozlowski explains that is not accurate. When a phone poll or Executive Meeting is called you do report what took place at the next regular Board meeting, but not an Emergency Meeting.

Flag at Campground: Director Brian Heiden moves to have the flag at the campground removed and disposed of properly and replaced with a new one. President Brian Kozlowski states this does not require Board action and is simple Association maintenance and will be taken care of.

List of Absentee Ballot Requests: Director Brian Heiden moves that upon written request any member in good standing can receive a list of members who requested an absentee ballot for the 2007 election with said list being provided in five business days. Second by Director Greg Hernden. Director Brian Heiden states this was a request made at the Annual Meeting and this information is available in National and State elections so we should do the same. Director Patricia Graham asks what information would be provided and Secretary Todd Graham reminds the Board that the discussion at the Annual Meeting stated names and lot numbers. Director Al Isaac states he believes the motion was made as an additional checks and balance on the election process. Director Brian Heiden agrees and states there should be nothing hidden. Director Greg Hernden states this is an issue he has problems with due to member privacy being violated. Director Brian Heiden states that if taxes aren’t paid it is publicized so this would be the same. President Brian Kozlowski states that our election is not a public election and WBLRA is not bound by any State guidelines regarding elections but bound only by the Non-profit Corporation Act. Director Sharon Bridges states some members on the list may not want that information made public. Director Patricia Graham states her concerns over someone using this information in order to try to find out how a member voted. Motion fails with a vote of one yes, five no.

Financial Records made Public: Director Brian Heiden moves to have compensations for every employee of the Association and any and all other financial information open to any member who requests it. Second by Director Al Isaac. President Brian Kozlowski states that a monthly financial statement is printed for members to view and again refers to the letter from the Association lawyer which states this should not be done and only the wage range and job descriptions should be published. Director Brian Heiden states he does not know what the lawyer recommends as he has not seen the letter or ever met him in person. Director Al Isaac asks Director Brian Heiden if it would be prudent to specify which records he is referring to. Director Brian Heiden states he does not want to change the language of the motion. Motion fails with one yes vote and five no votes.

List Lots Owned by WBLRA: Director Brian Heiden moves that all lots owned by the Association be immediately listed with the contracted real estate agency. Director Brian Heiden asks Manager Gail White how many lots are owned, she states 42. President Brian Kozlowski explains that some of the lots he would like to save for future discussion as they may benefit the Association in other ways and some of the lots are parks and other common areas. Director Brian Heiden amends is motion to not include those used for parks and common areas. Manager Gail White states she recommends holding off on this because there is a meeting scheduled with Reiss Real Estate regarding the listings. Director Brian Heiden withdraws his motion.

President Brian Kozlowski announces an informational meeting for all Board members held at the Clubhouse on Saturday July 18^th at 9:00am. Having the informational meetings on the Saturday after a regular Board meeting will allow members input and allow the agenda to be published sooner for the next Board meeting. Brian Heiden states these meetings are open for all members to attend.

Director Brian Heiden questions correspondence not being on the agenda. President Brian Kozlowski states that was so in the past but for this meeting he has used the only guidelines established for a meeting which are outlined in our By-laws and do not allow correspondence.

Director Greg Hernden asks where we are regarding the new sign for our entrance to be provided by Lincoln Township. Director Al Isaac states it was decided at a prior Board meeting to use the results from the votes off the Web Site and in the Birch Bark to determine which sign to use and this should be discussed at the next informational meeting.

COMMENTS FROM THE FLOOR

Mary Cox-Perkins - Lot 1095: I had a correspondence from Carol and I also forwarded the posting to the office and we also asked Todd about that sign. Given the whole correspondence. Carol wanted to know what ever happened to the sign because she's got it on her budget and she has to keep moving it and it's messing her up.  It was to be announced at the annual meeting and the e-mail we got from Todd said it would be this meeting but they do need to, she wants to get it off her books.

Marvin Richardson - Lot 550: I like to suggest that we buy a sound system with micro-phones for each board member. So those of us out here or in the other room will hear exactly what you’re saying.

Yvonne Solis - Lot 94: I would like, I sent you a letter also, for some information on where we can find the most recent By-Laws. In my effort to become familiar with the laws and statutes I've been doing a lot of reading and I'm extremely disturbed that there are so many different copies even yet the copies I took of the Covenants and Restrictions off the web site are different than what someone handed me today. And I don't understand that this article is specific Article 15 Duration or time about changing covenants. What I have they just printed is different than what was in the original packet and if after 10 years the original packet is 92 10 years would have been 2002 I don't see any record of any change where it complete what happened and why is this copy different than that copy. Also the By-Laws I've got from what Todd said the proposed amendments that were on the web prior to the annual meeting were the correct copies with the deletions and additions included. Then I spoke to you and because it was turned down then the July 17th is correct you said yeah.  On the proposed amendments the part that wasn't suppose to be changed is completely different than this one that's suppose to be what we had before, including the date for the audit. I do not
understand why we don't have clear sets of rules and where are they.

Steve Bryant - Lot 1: In reference to the same topic, in 1992, the covenants and restrictions, the original covenants and restrictions ran for 20 years. All sections were lumped into the first change which was not in compliance they're totally illegal. And changes number 2 the articles of incorporation, again are not in compliance because the first ones weren't done in a timely fashion. The first ones were suppose to run 20 years when all sections had twenty years. That wasn't the fact there was no time period on the first amended for the vote to come in. It ran on for 5 months trying to get enough people to decide. To my knowledge there is no proof that they ever achieved those numbers. I would like the association or the Board to prove the validity of the first change and of the second change of the covenants and restrictions.

Ken Passage - Lot 163: In regards to the letter from David Dryer on a number of legal issues that apparently somebody requested I would like to know if the board as a whole requested our attorney to look in to these matters or was this decision made one person.  President Brian Kozlowski states it was a decision made by him.

Marilyn Lesparance - Lot 332: I would like to know exactly how much this front gate cost us as of this date.

Jim Neal - Lot 1094: I was not allowed to make comments during the discussion on the recount, but I did understand that the tellers committee is still active and on the agenda was no committee report. Therefore I have waited for comments from the floor. I have a letter I will distribute it afterwards, it's only one page. From what is stated today the President took that upon him self to issue that letter. Nobody on this board has admitted that they were involved in that discussion or the dissolving of the tellers committee.  With all of these things, I personally cannot validate that election.  To me that election should be re-held following all the correct procedures.  And this letter is to WBL residents it's not to this Board. As the chairman of the teller committee I would like this letter put into the Birch Bark from this committee.  

Sal Scozzari - Lot 1375: First of all I would like to thank all the guys, men, women, children whatever that was on the By-Laws Committee. I want to thank them for their work, for their time and their effort.  Now it's too bad that everyone on that committee didn’t stay. We had 9 members on that committee 5 walked off. And they walked off because the President of the Board went and appointed an ipso facto that most of the Board didn't approve of. And I asked the president 3 times to please remove that person from the committee and put somebody else in there that was acceptable. But, that wasn't acceptable to the President, and all I got was a stare like "Why don't you go away kid you're annoying me." I'm insulted over that. I'm also insulted over the fact that the By-Laws we went thru and we came up with the changes were never issued to the membership. That sloppy piece of work that went on the ballot. Do you vote for it or against it? Vote for what?  I voted against it and I sat here all winter. I want you to listen to a piece that comes from Roberts Rules of Order Associations Forum The Membership shall have the right to amend the articles of incorporation and or these By-Laws by 2/3 vote of those members present at the annual meeting. Not as goes on in here, you want 100% of the membership it'll never happen. I don't know how many of you belong to organizations; I'll bet you only 20% show up for meetings. It is up to the membership to change these things. Now I can guarantee you, absolutely guarantee, that Moses did not bring these articles down from the mountain; they’re not chiseled in stone.  They can be changed. They can be changed by you, if you don't like them. I could go on all day, but I am not going to. I'm tired and I am sure you’re all tired and you’re all ready to run out the door. I want to make one thing available to everybody. There is a Roberts Rules of Order website ww.robertsrules.com on the website they have 20 questions each month, I would suggest someone be appointed parliamentarian, and use this website. Removing a member from the Board reads wording from Roberts Rules 10th edition. I have here in my hands a copy of our articles now thru out the years I've had people tell me "But we're incorporated" which implies that we don't have anything to say about anything. I beg to differ with you, big difference. We are incorporated, we're a Non Profit Corporation we're not authorized to sell stock, we're not authorized to sell bonds and we're not authorized to issue letters of credit. We are Non Profit and the main purpose of it is to prevent these guys sitting here from a law suit. If something happens in here you sue the corporation you don't sue them. But we have jurisdiction over the articles and the By-Laws not the Board. That has gone on for years in here there are suppose to be meetings. When I came to Michigan I was surprised that there are times when Democracy is just thrown in the garbage can. I just want you to understand where I'm coming from. Maybe I'm a nut, but I got to tell you I spent 2 years of my life out there in the Pacific. And it's my personal opinion I don't like to be stepped on and I don't like people violating the Constitution and the Bill of Rights, so if I'm a nut and I'm a pest that's where I'm coming from. Thank You.

Walter Sonnichsen - Lot 1377: May I have the opportunity to address the manager? President Brian Kozlowski states he may address the Board and we will pass that information on. OK Approximately one week after the annual meeting where properties were turned over to White Birch I had the opportunity to go into Reese Reality and Allan gave me a list of 20 properties turned over to WB for sale and Lot 159 was not on that list. I specifically asked about Lot 159 and he said it had not been turned over. My question is WHY wasn't it turned over?

Marty Perkins - Lot 1095: It seems to me at the Annual Meeting, which is the Members meeting. The members stated, real strongly, Motions that were voted on by the members. It seemed like the Motions got a lot more votes than members that got voted on to this Board. So I'm wondering now how come 6 of you can change the Motions from the annual meeting? The one and only meeting that the people are allowed to make a motion and have their voices heard. So this Board now comes in at this month and changes those motions. 6 of you decided over 200 and some odd people of this membership. I guess 6 of you are SMARTER than over 200 people that voted them in.

Linda McNeil - Lot 770: Regardless of what the Board is trying to cram down your throats today I had more issues than just those 2 votes.  I personally talked to Mr. Alan Isaac the Tuesday after the election and he told me that he was meeting with the teller committee and Mr. Neal that night. He would get back to me and let me know when the recount was going to be. I waited 2 or 3 days then I sent this certified letter to ALL the Board members. I also sent a certified copy to the Manager with a note requesting it to be read at the meeting today under correspondence.  Like they chose to ignore everything else that we want, they chose to ignore my letter and the fact that I asked that it be read into the minutes of today’s meeting. They are not going to acknowledge receiving the letter when I know I got both the President and the Managers cards back signed. As seeing as they choose to ignore it here it is.

Steve Bryant - Lot 1: For those of you who don't know the liens are a matter of record at the courthouse. There are few things that are not available at the courthouse. You guys sat here and some of you made arguments about privacy any one who has not paid their assessments and is filed upon is common knowledge at the courthouse. I don't know why you don't provide a list of those who voted, those who voted absentee and those that are delinquent, because it is common knowledge.

Mary Cox-Perkins – Lot 1095: I hate to break it to ya, and it's also a State Law. So go look up Non Profit at the State Legislature. All our books, records, members in good standing. It does not say members in bad standing; it says members in good standing. All that information is to be available to us. And Federal Law says your 990's and Articles of Incorporation have to be provided upon request.

Yvonne Solis - Lot 94: My chief concern is I'm concerned that some of the members didn't get the information until today some of the Board members. I don't expect you to answer that, but it seems to be a hindrance to getting anything done. I know that this is the first meeting but I hope that doesn't happen often. Because if I was a board member I would want to be able to digest and be able to have a clear opinion when I got there. Speaking of opinions I still appreciate that you are addressing the shed issue and the port-a-jons, but I question why you would make it pre language without getting input from the members as to their needs what size would they need. Just throwing out an 8x8 does not take into
account what we need and I assume that the reason you are addressing it is for our needs and I would just like to ask that in the future any language that's put into such a huge thing as changes our covenants which take a major vote, if we make a mistake, we can't do it again. And that's what Brian was speaking to. I might have turned it down just because of the 8x8 and then we're stuck with what we have and then your not going to be able to change it again.

Marty Perkins - Lot 1095: Seems like we did do a poll on the shed issue and it was on size what it should have been.  Couldn't we have used those numbers and those opinions since it is the same membership? I mean where did you come up with the language 8x8 because it seems to me the poll was overwhelmingly 10x10.

Kathleen Kozlowski - Lot 688: Forgive his exuberance, but this has been an issue for the 4 years we've been here. He gave a working document to the Board so that issue it's nothing carved in stone. You see that they are going to revisit it. Everybody take a deep breath, don't jump on these Directors, give them an opportunity to learn to work together and get a process going. This is their first organizational big meeting. I give him a lot of credit; he knows that those 2 things have been a burning thing for 4 years in this community. And he wants to get it out to the membership.

Steve Bryant - Lot 1: Concerning the port-a-jons and out houses every camper has what could be very similar to a port-a-jons. It is not an out house. I don't see the issue we've got 250 campers out there, a good share of them have port-a-jons in their campers.

Carolyn Neal - Lot 1094: I talked to Anne about the covenants and the thing is to put down specific things like 8x8 in the covenants you have to have a big vote to change it. What we need is language that can be interpreted by...when you put language in there that says port-a-jons are allowed on the campus as long as you meet certain criteria. That's all. Then you set a committee and say this committee will be where you have to go for a permit.  Other people want port-a-jons for other reasons for things like family reunions, big parties, and block parties. Here's another thing give us an avenue to use, not change the covenants use language that doesn't lock you in. Not change the covenants. This is what
happens in this association, a lot of times. Things just get blown out because we want to change the covenants. There are other places to go instead of changing a document that we have to live with for 10 years. Why don't we stop and back off and look at other avenues and not change the covenants.

Gary Earnhart - Lot 629: What are we going to do about four wheelers and motorcycles abusing the area at Timber Beach?

Teresa Turner - Lot 68: I was wondering, during comments time when we stand up and ask questions when can we expect a response? President Brian Kozlowski states some questions could be answered right away and some might need time for information.

Linda McNeil - Lot 770: I mean I'm not trying to be a snot in here, but I think that this is a legitimate question that I should be able to get an answer to right now. Why was correspondence not on the agenda and why was my letter ignored? You got a copy of it I got your card back, Gail got a copy I got her card back that was almost 2 weeks ago.

2^nd Vice President Marvin Frayer moves to adjourn. Second by Director Al Isaac. All in favor, motion carried. Meeting adjourned at 12:32pm.

Respectfully Submitted

Todd J. Graham

Secretary