BOARD MEETING MINUTES

Unapproved Board Meeting Minutes of September 14, 2002

CALL TO ORDER

President Todd Graham called the meeting to order at 9:00 AM. Present were 2nd Vice President Marv Richardson, Directors Bob Adair, Chuck Bailey, Larry Franklin and Scott Hayer and Manager Tim Fall. Tom Dorcey was excused.

The meeting opened with a salute to the flag and a prayer.

*See Comments from the Floor

APPROVAL OF MINUTES

Larry Franklin moved to approve the minutes as written. Seconded by Marv Richardson. Motion carried.

TREASURER'S REPORT

For the month of August the Treasurer reported income of $20,234.74 and expenses of $35,735.59. Cash on hand at August 31, 2002 was $123,139.91. Marv Richardson moved to accept the Treasurer's Report. Seconded by Bob Adair.

PRESIDENT'S REPORT

The President announced the following appointments for Chairmen/Chairladies of the Committees as follows: Bob Vonderheid, Chairman, Future Planning Committee, Barb Adair and Phyllis Willoughby, Co-Chairladies, Activities Committee, Shirley Brandt, Chairlady, Hospitality Committee, Fred Witchell, Chairman, Campground and Lakes, and Ron Tagg, Chairman, Environmental Protection Committee.

Statistics regarding the growth of the White Birch Website - since July 23rd there have been 325 hits and 90 members who have registered and placed their email address on file. He encourages members to go to whitebirch.org and take a moment to register their email address. This would increase the opportunity for better communication here in White Birch.

CORRESPONDENCE

Correspondence was received regarding a boat rack at Timber Lake, signs left at construction sites and violation procedures. All correspondence has been or is being addressed.

COMMITTEE REPORTS

CAMPGROUND AND LAKES COMMITTEE - Chairman Fred Witchell reported there had been good attendance at the Labor Day party at the pavilion. He estimated that they fed approximately 250 persons. Many members remained in attendance until closing time. They are planning another party next year.

ENVIRONMENTAL PROTECTION COMMITTEE - Reporting for the Committee was Chick Witchell with the following: Lot Improvement Applications were approved for 1 addition to a house, a ramp, 3 drives and 3 new residences. There are 4 residence approvals pending. At this time there are 260 houses. Rules regarding signs limits number of signs to one per lot and construction signs must be removed upon completion at a site.

FUTURE PLANNING COMMITTEE - Chairman Bob Vonderheid reported no activity at this time. A meeting is being held directly following the Board Meeting.

MANAGER'S REPORT

At this time the Manager would like to express his appreciation to all the volunteers for the substantial difference their contributions have made to White Birch Lakes. A special thanks goes to Fred & Chick Witchell for not only their great contribution to the Association but also for their help to so many of the members or anyone who has needed assistance. No matter how big or small the task, they are here daily to assist. They are applauded by the group in attendance. Please remember the benefit dinner tonight for the Rouston family. If you cannot attend, donations are welcome. Thursday, Sept 19, beginning here at the clubhouse at 9AM, is the last US10 highway cleanup and volunteers are needed. Immediately afterward, lunch is served at the clubhouse for those volunteers. The location of the handicapped ramp is marked and excavation is expected to be done next week (W.E. 9-21) and once again Fred Witchell and Marv Frayer have volunteered to do the concrete work. Anyone interested in helping, please see Fred. The pool table, which purchase was authorized several months ago, has arrived. Boat racks have been completed at White Birch Lake and will be built at Timber Lake after completion of the handicap ramp. Amended Restrictions are complete and final copies will be available the week of September 16th. Consideration is being given to developing a folder containing Restrictions and other paperwork such as Lot Improve Apps, ORV guidelines and any other appropriate paper work. This procedure, rather than the old gray booklets, would be more cost effective than the old gray booklets. Any ideas? In response to Sal Scozzari's perceived problem with violation of the Open Meetings Act and the By-Laws, the Association by our own decision does abide by the Open Meetings Act. A 1998 statement from the Attorney General's office states "The State Freedom of Information Act and Open Meetings Act do not apply to non-stock, non-profit corporations which were not created by state or local authority and which are funded by membership subscription and not public funds". ACCOUNTS PAYABLE - Payables were reviewed. Marv Richardson moved to approve payment. Seconded by Bob Adair. Motion carried.

UNFINISHED BUSINESS

Bob Adair requested a decision regarding the issue of alcoholic beverages. The policy is that at any White Birch sponsored event there is to be no alcohol. Information is to be published in the Birch Bark.

COMMENTS FROM THE FLOOR

*Prior to the first agenda item, Sal Scozzari, Lot 1375, was allowed to make his comments. He quoted opinion #6942 (pertains to "Summer Resort and Assembly Associations") dated July 3, 1997 received from the Attorney General regarding political bodies and the Open Meetings Act. Copies of this opinion may be read at the Manager's office. Based on his interpretation, this corporation is a political body. Therefore he stated his disagreement with Article VII, Section 4 of the White Birch By-Laws which designates the Board of Directors certain powers to make By-Laws which he considers in violation of section 17 of the opinion.

Marv Frayer, Lot 682, informed that the next Lincoln Township Planning Meeting will be held on Sept. 17th to basically discuss the recreational plan and the possible re-classification of a multi-use trail to a motorized trail adjacent to White Birch properties. Imperative that as many as possible attend this meeting. Meeting is posted to begin at 7 PM.

Chuck Hastings, Lot 78, expressed his concern about ORV's and snowmobiles using the nature trail in back of the campground. The use of rolling stock on the trail is destroying the environmental assets and the beauty of the trail in addition to invading the woods behind his home. He would like to see a barricade.

Barb Adair, Lot 60, asks if flags, other than state, federal or White Birch flags, are considered flags or signs.

Discussion followed concerning the entering of ORV's across from the J & D Market. She also requested that anyone with suggestions for activities present them to the Activities Committee.

Anne Hobart, Lot 454, reminded that restricted access to White Birch is addressed in the new Covenants and Restrictions and the problem is the enforcement of the rules.

NEW BUSINESS

Marv Richardson brought forward the need for a financially sound plan for future development and presented the motion: Whereas financial stability is paramount to a strong future for White Birch Lakes Association, I move that the Manager be directed to pay to the Development Fund an amount of $1,000 per month through Accounts Payable. Seconded by Scott Hayer. Motion carried. This transaction is effective September 2002. A proposal has been submitted for surveying the property lines on north and west sides of Holiday Lake and the property line north of the maintenance building. The manager explained that the survey would be the entirety of Holiday Lake including the property line across from J & D Market and across the northern corner of the Association and establish property lines up to the campground. This will enable the Association to seek legal opinions as to how to handle the adjacent non-member property owners who have been using Holiday Lake. Marv Richardson moved to direct the Manager to have the survey done - not to exceed $3000. Seconded by Bob Adair. Motion carried. The possible purchase of lots owned by the state because of delinquent taxes and offered by the Dept of Natural Resources was discussed. No action was taken. Larry Franklin requested that Security during the upcoming hunting season be presented on the agenda for the upcoming BOD Meeting.

ADJOURNMENT

Marv Richardson made the motion to adjourn. Seconded by Bob Adair. Motion carried.