DEADLINE TO REGISTER

The deadline to register or make name and address changes for the March 20, 2012 General Primary Election is Tuesday, February 21, 2012.  If you are not registered from your current address, you will not be able to vote at the March 20, 2012 General Primary Election.
   
Jo Daviess County Clerk Jean Dimke urges you to check your registration status. Those individuals who experienced difficulty at the polls the last time they voted should take time to check their status. Call Dimke’s Office at 777-0161 to check your registration.
   
Registrations can be taken at the County Clerk’s Office from 8:00 a.m. to 4 p.m. Monday through Friday. Deputy registrars are located throughout the county, and registration changes can be made at libraries or several other business locations.

State law does allow for Grace Period registration between Wednesday, February 22 and Tuesday, March 13. The law does stipulate that the Grace Period registration and voting must be in person, only at the office of the County Clerk, and only between Wednesday, February 22 and Tuesday, March 13. Grace period registration and voting does not allow the voter to vote at the polls on Election Day.
   
For more information on registration locations, call the County Clerk’s office at 777-0161 or stop at the courthouse, 330 N. Bench St., Galena.

ABSENTEE VOTING

Jo Daviess County Clerk Jean Dimke reminds voters that they may apply to vote by absentee ballot before the March 20, 2012 General Primary Election by mail or in person and not have to specify a reason for doing so as in past elections. The first day to accept absentee applications to vote is Thursday, February 9.

With changes to the Illinois Election Code, a voter may request and vote an absentee ballot without specifying a reason for the absence from the polling place on Election Day.
   
Absentee voting by mail does require a two step process. Voters wishing to vote absentee by mail will first be mailed the application for ballot. When the application for ballot is returned to the Clerk’s Office, the official ballot will be mailed to the voter at the specified address. Thursday, March 15, 2012 is the last day the County Clerk’s Office may receive an application by mail and the last day for the County Clerk’s Office to mail an official ballot.

Persons wishing to vote an absentee ballot in person in advance of the election may do so by coming to Dimke’s office in the courthouse no later than Monday, March 19, 2012 between the hours of 8 a.m. and 4 p.m.

EARLY VOTING OPTION FOR VOTERS

Voters wishing to cast a ballot prior to the March 20, 2012 General Primary Election may do so during the Early Voting period.

Any voter validly registered in Jo Daviess County may vote during the early voting period after showing proper identification.

“Early voting is where a registered voter may vote early and not have to give a reason for doing so,” County Clerk Jean Dimke said.

Early voting will be conducted only at the County Clerk’s Office at 330 N. Bench St., Galena beginning on Monday, February 27 and continuing through Thursday, March 15 on weekdays from 8:00 a.m. until 4:00 p.m.

Dimke reminds voters “that any early vote cast is final and the voter is not eligible to vote at the polls on Election Day”.

Early voting does not affect absentee voting in any way. In person and mail absentee voting is still available for registered voters.
  
Anyone with questions about Early or Absentee Voting should call the County Clerk’s Office at 777-0161.

Head to the Pro Shop for the Big Game this Sunday. Food and drink specials start at 4:30 pm on Sunday. Taco bar, quesadillas, wings and more!

Due to the soft nature of the ground because of warm temperatures, the trails will be closed until further notice. Watch this page for more information or call the Amenity hotline at 815-492-2257 for updates.

This article was riginally posted on this site on August  8, 2011 and published in the August issue of The Apple Core. We are reposting in an effort to give those with questions about their statements a better understanding and background on the changes to the Dues and Fees. PLEASE read your APPLE CORE each month to stay informed of any and all changes affecting your INVESTMENT at Apple Canyon Lake.

 ACLPOA Board approves publishing of proposals for 2012 budgets, related fees and membership dues schedules

By Duane D. Suits, Board Treasurer
Budget Committee Chair

The ACLPOA Board of Directors, at its meeting on July 16, 2011, approved for publication to its members the proposed 2012 Operating Budget, 2012 Fee Schedule and the 2012 R & R Budget.  In addition, the Board also unanimously approved for publication as part of the Operating Budget, the proposed 2012 Pool Capital Assessment, and Members’ Dues (Assessments) Schedule for 2012, and the 2012 Amenity Fee Schedule.

The board members approved each the five separate board motions encompassing the above unanimously in attendance at the meeting.  They represent the culmination of nearly two years of work by the Dues and Fees Committee (appointed in 2010), the Budget Committee and the Board and countless hours of time on the part of ACL management and staff, board and committee members, and the many members who attended meetings open to the public on the topics above. 

These budgets and the recommendations for fees and dues represent the most significant changes for the members in how our Association will operate financially – since the creation of ACLPOA over 40 years ago and, when adopted, will put our Lake on a firm fiscal foundation for our generation and generations to come.

DUES - The big question that everyone involved with the Lake has been asking over the past year is what is the amount of annual dues that is being proposed?  We finally have an answer.  As shown in the information in this edition of Apple Core, the 2012 dues being proposed is actually the total of three separate components 1) the operating assessment; 2) the assessment for renovation and replacement contribution (R & R); and 3) the capital assessment payable over five years for replacement and/or upgrade of the current swimming pool complex.  The answer is $750.

Why such an increase over the $250 dues in 2011?  A number of factors contributed towards the proposed dues level.  The Dues and Fees Committee was formed in 2010 to consider the current revenue structure at ACL and consider alternative structures that would better provide for meeting the future financial needs of ACL and would also meet overall fairness and equality considerations for all of our members.  Due to the original covenants written by the developer of ACL, dues could only be increased by a very complicated voting process – so complicated there have been only three (3) increases over our 40+-year history.  It has been almost 14 years since the last increase, and to meet the growing financial needs of the community for expenses, repairs and replacements, ACL has become increasingly reliant on fees (sometimes very creative) for accessing and using our amenities, along with other fees and revenue streams – all of which were subject to fluctuations due to economic and environmental factors.  Over time a budget that in early days was based on a 70% / 30% mix of dues and other revenue sources, respectively, inverted to where the relationship in the 2011 Budget was 30% dues and 70% other revenue sources.  The result – our funding stream for our operating and capital needs was significantly more volatile (due to economic and environmental factors) and met neither the fair or equal criteria. 

Another factor relates to the R & R Fund.  This fund was established to provide reserves for replacement and renovation of ACL common properties and equipment.  In the past the annual contribution to the R & R Fund has never been a budgeted line item – essentially, at the end of each fiscal year, the excess (if any) of operating revenues over operating expenses was paid into the R & R Fund.  ACLPOA has retained the services of consultants Reserve Advisors, Inc., to perform and provide periodic updates of a Reserve Plan, which provides estimates of when major repairs, replacements and renovations will be required.  The most recent update, completed in 2010, goes through 2040 and provides estimates of expenditures required (given certain assumptions regarding inflation and other cost increases) and funding requirements (given assumptions regarding earnings on investments) to provide for timely updates of our property and equipment.  Funding is structured to provide a stable revenue stream over a period of years so that funds will be available when projects are due and also when unforeseen needs or emergencies arise.  In the past, without consistent funding of the R & R fund, scheduled repairs and renovations have been deferred, or not been performed in some cases, because the scheduled activity was not yet necessary, but in other cases because funds were not available.  In some instances, this resulted in a much higher cost, in both dollars and disruptions, at a later time when the asset had so seriously deteriorated to the point where it became absolutely necessary.  As a result of this situation, the Budget Committee recommended to the Board that the annual Operating Budget include a line item for the transfer to R & R of funds based on the long-range Reserve Study.

This recommendation was timely due to the passage in July 2010 of the Common Interest Community Association Act (CICAA) that now requires a line item for budgeting the Association Reserves.  In addition, CICAA is the third factor that significantly impacted the decisions of the Dues and Fees Committee and the Budget Committee.  Dues and Fees had already worked for nearly a year on its recommendations to the Board.  The ACL Legal Committee spent many hours and made several presentations to the Board in the fall of 2010 and early 2011 on the requirements of the law and the need to restate the Association’s Bylaws to make them compliant with CICAA and the Restated Covenants, that become effective in November.  CICAA has been covered in detail in recent editions of the Apple Core so I will not discuss it in any detail here.  However, it became clear that this law now governs the operation and activities of ACLPOA, and that it was necessary to look at the Dues and Fees activities under CICAA and make significant changes in its recommendations to comply with the Act’s requirements.  The Act also includes directions to the Budget Committee and to the Board regarding how the finances of the ACLPOA must be handled.

Late this spring another event emerged which impacted decisions regarding our Budget process.  While preparing our swimming pool for opening this May, a significant leak was discovered.  This has since been mitigated to a manageable level for operation so far this summer.  However, significant questions remain as to how long the situation can be managed without significant repairs and disruption, or if in fact, complete repair will prove to be cost prohibitive.  As a result, the Budget Committee recommended to the Board that a capital assessment totaling $2.5 million dollars be approved to fund, in five annual installments, the replacement/renovation of our pool complex.  The amount is based on a recently received update to a study completed in 2008 by PSA-Dewberry Inc., a consulting firm retained to perform a needs study and recommendation for a replacement pool complex for ACL.  In November 2008, the Board passed a resolution, which accepted “Option D” for replacement of the pool and renovation of the bathhouse.  It authorized funding of the plan to occur over the next five years.  This funding method is consistent with CICAA provisions for capital assessments that authorizes the inclusion of a multi-year assessment for capital projects to be included in the annual operating budget approved by the Board.

THE RESULTS -- All of the above factors were considered in developing the Dues and Fees Committee recommendations for the dues and also for the new proposed fee schedule that eliminates or substantially reduces many of the fees and user charges from previous years.  One new fee included in the recommendation is an Owner Amenity Registration Fee of $100 that will be assessed annually to each owner of a Lot or portion of a Lot at ACL.  Each owner will only be required to pay one $100 fee regardless of the number of lots or portions of a lot owned.  In return they will receive an Identification Form, (an ID card, badge or similar) which will be required and must be available, on request by security or their authorized representatives, for access to any of the amenities offered at the lake, including the lake itself, the trails, beach etc.  Under the proposal, up to six guest passes per owner will also be issued at no additional cost to such owner upon payment of this fee.  The estimated revenue from the proposed registration fee is $293,000 – proposed reductions in other fees and charges from the 2011 fee schedule amount to approximately $650,000.  The result is a net reduction in fees and user charges from those already paid or expected in 2011 of $357,000.
Proposed Budgeted Revenues – The total proposed revenues, including changes from the Dues and Fees Committee discussed above, totals $3,244,188, which includes the provisions for the R & R Funding Contribution of $299,000 and the first of five annual installments of $500,000 for the capital assessment for the swimming pool and adjoining bathhouse facilities.  The total revenue in the 2012 proposed operating fund portion of the annual budget, after excluding the R & R and Capital assessments, amounts to $2,445,188.  This represents an increase over the 2011 Budgeted operating fund revenues of $230,033 or 10.4%.

Proposed Budgeted Operating Fund Expenses -- The total expenses in the 2012 proposed operating fund are $2,427,673, which represents an increase over the 2011 Budgeted-operating expenses of $228,219 or 10.4%.  The largest components of this increase include wages and employee benefits which increased by $65,502, a new contingent expense line item of $25,000, and a new reserve for revenue shortfalls of $75,000.

The initial draft 2012 expense budget was developed by management based on known results in 2011 on a year to date basis and expectations through the end of the year.  They also considered known changes in 2012, price and usage projections for certain goods and commodities and other factors.  The Budget Committee, reviewed this initial draft along with comparative data for prior years with members of the Board and the Dues and Fees Committees and management and staff in attendance -- a process culminating with the Budget Committee’s recommendation to the Board.

R & R FUND -- At the Budget Committee meeting we also considered the draft R & R expenditure that must be included in the annual budget prepared by management and staff.  The starting point for these discussions was the Reserve Study recommendations for renovation and replacement for 2012.  Additional items were then brought forward by management which 1) were not included in the Reserve Study; 2) were in the Reserve study for previous year expenditure, but were deferred; or 3) are in the Reserve study for future years expenditure but, because of usage or unanticipated deterioration, need replacement in 2012.  Management and staff were available to answer questions regarding the various items considered for funding -- and provided the Committee with additional information regarding certain of the requests.  Ultimately, the Budget Committee approved for recommendation to the Board a final list of items to be funded from the R & R Fund in 2012 totaling $558,916.

Some of the more significant items discussed and included in the 2012 recommendation, which were not included in the Reserve Study consisted of stream stabilization work and golf course watershed work,  portions of which are subject to obtaining from governmental bodies  cost share grant funds.  The net costs to be funded by the R & R, if approved, are $7,500 and $61,000 respectively.  Other significant items not previously included in the Reserve Study consisted of concrete work surrounding the Marina of $16,000; Dam valve protection system (guard rails etc.) $16,000; and $39,380 for concrete pads on certain sites at the campground subject to high erosion and recurring significant annual maintenance costs. 

The Board of Directors approved the listing for publication and a summary can be found in this edition of The Apple Core. (See August Issue)

NEXT STEP -- The Board of Directors will consider the adoption of these budgets and related proposals in their regularly scheduled meeting on September 17, 2011.
Per the new Common Interest Community Association Act (CICAA), the property owners, upon a written petition with 20% of the votes of the Association (549) delivered to the board, may request a special meeting of the members within 30 days of the date of the delivery.  This meeting will consider the budget and unless a majority of the total votes of the members is cast at the meeting to reject the budget, it shall be deemed ratified.

In summary -- this has been a very busy, challenging, and difficult budget process, which has involved significant time and effort on the part of the Board of Directors, committee members, members of ACLPOA, management and staff.  The proposed budgets and fee schedules discussed above contain elements to more equally distribute the costs of operating this community and providing amenities amongst the members of ACL, and other provisions to provide fairness amongst a very diverse owner and user community.  But in the end, these Budgets and other proposals reflect the efforts of many individuals who are dedicated to doing what it takes to provide the financial foundation for insuring that Apple Canyon Lake will be here for the enjoyment and pleasure, not just of the current members, their families and their guests, but also for many future generations to come.

The Pro Shop Grill will be closed on Friday, January 20 due to the snowstorm. Please check for updates regarding Saturday and Sunday hours.

2012 Dues Statements Have Been Mailed
Watch for your Dues Statement in the mail; they were mailed January 10.  All Dues, Trash, OARF(s), and Seasonal Slips/Sites are due on all lots owned by MARCH 1! Late fees are assessed March 2!
If you have not received your statement(s) by January 20, PLEASE CALL THE OFFICE at 815-492-2238  and we will mail you a duplicate copy.

Don't lose your Boat Slip
At the July 16, 2011 Board Meeting, a new annual Boat Slip License was approved. The Licenses were mailed with the Dues Statements and must be completed and returned with the Seasonal Slip/Site payment, watercraft card, and proof of insurance no later than March 1. Failure to return these documents by March 1 risks forfeiture of your slip!

New Owner Amenity Registration Fee (OARF)
The 2012 Budget includes a $100 Owner Amenity Registration Fee (OARF) which is assessed on a per-owner basis. Married couples constitute one owner under ACLPOA Covenants. If your deed does not list “husband and wife”, “a married couple”, etc., the Association Office will require a copy of your marriage certificate in order to waive the second fee.

Voting Member
For lots in which a Designated Voter Form was not received: lots owned by one or more natural person will be assigned a Voting Member. The first person listed on the recorded deed will be assigned as Voting Member. For lots owned by natural persons, written notice provided to the Association Office, signed by all lot owners, and including the name, address and telephone number of the Voting Member will be acceptable means of changing the Voting Member. Trusts and other legal entities will lose their right to vote. All changes to the Voting Member by legal entities after November 6, 2011 will require Board approval. If you are not sure if you have already designated a Voting Member for your property, please contact the Association Office.

Property Owner Information
Please contact the Association Office with updates to your phone number, email address and mailing address! We cannot serve you without your correct contact information!

Call the Association Office if you have any questions at 815-492-2238.

At just $5 each, they make great gifts for the holidays! Stop in (Monday through Friday from 9 - 3, or Saturday from 9 - 1) or call the office at 815-492-2238 to purchase yours. If you hurry, we can ship them in time for the holidays!

2012 OPERATING BUDGET, FEE SCHEDULE, AND R&R

Property Owners may apply to have their lot Restricted based on the following:

AMENDED AND RESTATED COVENANTS, Article VI, Section 12. Restricted Lots.  The Owner of any Lot upon which no Structure has been erected may enter into an agreement with the Association wherein the Owner agrees that said Lot shall remain forever vacant open space upon which no Structure of any kind shall be erected, except one requested by the Association and agreed upon by the Owner and the Board.  All agreements creating a Restricted Lot shall be in substance and form acceptable to the Board and suitable for recording, and when agreed to by the Association shall be recorded with the Recorder of Deeds of Jo Daviess County, Illinois.

Restricted Lots subject to such an agreement shall, beginning in the year following the recording of such agreement, be liable for only sixty percent (60%) of any future annual assessments.  Restricted Lots shall continue to remain liable for any Special Assessments approved pursuant to Section 4 hereof.  The Owner of a Restricted Lot shall have all of the rights and privileges of any other Owner, except as modified by such agreement, and shall continue to remain responsible for the maintenance of such Restricted Lot as is the owner of any other vacant Lot.

PLEASE NOTE: ALL OWNERS AGREE LOT(S) SHALL REMAIN FOREVER VACANT, OPEN SPACE (REGARDLESS OF FUTURE OWNERSHIP) WHICH NO STRUCTURE OF ANY KIND SHALL BE ERECTED.

To have your lot classified as a Restricted Lot per the Restated Covenants, owners must follow the ACLPOA Restricted Lot Procedures:

1. Complete the Request to Restrict Lot Application. Application must be returned to the Association Office.

2. Building Inspector will inspect the lot and check for septic fields or any other structures on the lot.  Once lot is found unimproved, Building Inspector will sign off on Request to Restrict Lot Application and return to Association Office.

3. Request to Restrict Lot will be placed on next Board of Directors Agenda for approval.

4. Once approved, Property Owner will be provided with a recordable legal document called the Restrictive Covenant. All legal owners will sign the document, which must be notarized at the time of signing. ACL has a Notary on staff so you may sign and have it notarized at the Association Office, provided you make an appointment in advance.

5. Once the document is signed and notarized by the property owner, the property owner will return it to the ACL office.

6. ACL management will sign and have the document notarized and  return it to the property owner by traceable mail if the document is not notarized in person at the ACL office.

7. The property Owner will then be responsible for recording the Restrictive Covenant with the Jo Daviess County Recorder’s Office. Once the document is recorded, the Jo Daviess County Recorder will forward the document to the Association’s attorney and a copy will be sent to the Association Office for our records.

8. Dues will be adjusted for the year following the recording of the Restrictive Covenant.

9. Once recorded, the lot will remain Restricted for perpetuity.  No further action will be required by the Property Owner.

REMEMBER: YOU MUST HAVE ALL OF THE ABOVE STEPS COMPLETED NO LATER THAN DECEMBER 31 TO RECEIVE THE REDUCTION IN ASSESSMENT FOR THE FOLLOWING YEAR.

The Cove will reopen April 1.