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Subject Line: Help Plan for the Future of Our Community! Survey 4: Community Identity
 
Thank you to the hundreds of residents who have participated in the first three surveys for the Lake Winnebago Strategic Plan**!
The topic of the fourth community survey is Lake Winnebago’s community identity. We want to know what you love about our community and what you’d like Lake Winnebago to be known for in the future.
Please use the link below for the NEW SURVEY.
 
Survey 4 – Community Identity: https://www.surveymonkey.com/r/LWIdentity
 
If you haven’t had a chance to complete the prior three surveys, please do so – the links are below and on the HOA website www.lakewinnebago.org. Participation for each survey is limited to one survey per developed lot.
 
 
All four of these surveys will remain open until mid-November.
You will receive an invitation to participate in a fifth survey in January. The purpose of the fifth survey is to ask follow-up questions to inform and refine the planning process.
For those who would prefer a paper survey, copies are available in the HOA office. If you have any questions about the strategic planning process, please contact Scott Majercik at smajercik19@gmail.com or Greg Grant at greglw-lakelife@peoplepc.com
Thank you!
HOA Planning Committee
 
 
** About the Lake Winnebago Strategic Planning Process
How can we ensure that our community thrives into the future? What improvements do we need to make Lake Winnebago an even better community? What are our priorities? What is our plan?
These questions, and others, will be answered over the coming months through a community based strategic planning process.  The five community surveys are vital to creating a strategic plan that reflects our community’s desires for the future. Final survey results will be shared with the community.
With the strategic plan, we will reach a consensus on the vision for Lake Winnebago and establish goals and strategies for the next five years. The Lake Winnebago Strategic Plan will also identify key priorities. The HOA Board will use the plan as a guide for important community and financial decisions.
 
 
 
 
 
 
GREENWOOD MARTIN MARIETTA MATERIALS (MMM) QUARRY EXPANSION
In March of this year, after members of the Lakes & Dam Committee participated in a conference call with the Missouri Department of Natural Resources (MDNR), MMM, and a group of citizens opposed to the quarry expansion, and then the subsequent approval by the MDNR Land Reclamation Division to approve the quarry expansion from a land reclamation perspective, the HOA Board approved the hiring of Intertek/PSI to study the possible impacts of the expanded quarry operations on the new dam and spillway. Intertek/PSI is the firm that designed the new dam and spillway, and they are the engineer of record for the dam.  The Intertek/PSI report, dated June 8, 2021, is posted on the HOA web page. The final paragraph of the report reads as follows.
“Based on the USBM RI 8507 Safe Blasting levels at a frequency of 20 to 30 Hertz (a common natural frequency of mass soils), this represents a safe blast level and around an order of magnitude below recorded reading supplied by Martin Marietta’s monitoring company, Vibra-Tech. Therefore, we believe the currently proposed quarry limits will not result in damaging blast vibrations at the concrete spillway for the Winnebago Dam so long as the load per delay is in the range defined above.”
A full explanation of Intertek/PSI’s review, terms, calculations, and assumptions is included in the report.
 
 
Reminders on PWC usage on the Lake from the Boat Committee. 
 
There have been quite a few violations issued this year for PWC usage.  Boat Patrol has been asked to place particular significance on PWCs  this season and going forward.  A few important reminders are provided here for everyone’s safety and as a reminder of several core restrictions regarding PWCs on the lake. 
 
PWCs are not allowed on the lake, at any speed, between sunset and sunrise.   This means any PWC on the water at those times is subject to violations per the Watercraft Regulations.   In other words, when Boat Patrol begins their nightly no-wake laps, PWCs must go in.
PWCs are not allowed to tow any devices at any time, with the exception of towing a stranded boat for emergency purposes (ie., helping a broken down boat back to the dock).
PWCs are subject to all standard regulations on distance from shore and other watercraft, safety, speed, no-wake areas, and all the other general protocols as any other watercraft.  This includes distance from each other when riding in tandem, just like every other watercraft.  
PWCs are effectively at the bottom of the pecking order for right of way.   In short, they must maintain appropriate distance and give way to all other watercraft. 
Following in the wake of other boats and crisscrossing waves for jumping etc is prohibited where appropriate distances are not maintained.
PWCs are not allowed to weave through other watercraft traffic other than at idle speed.
An operator must be 14 and have a valid MO Boaters’ ID to operate a PWC, unless the operator was born before January 1, 1984.  This includes guests.  
Guests using a resident’s PWC are subject to all these same rules; violations by guests count against the resident per the Watercraft Regulations.
You may view all the Watercraft Regulations and specific rules as they apply to watercraft and PWCs at LakeWinnebago.org, under the Boats Tab.  
 
 
From the Lake Winnebago Boat Committee:
Lake season is here and it’s great to see everyone getting on the water and enjoying all the great sports activities Lake Winnebago has to offer. Water sports is what makes Lake Winnebago unique and fun for everyone.  Just a few reminders to ensure we all have a safe and enjoyable season:
 
·         Boat Patrol is working hard to ensure everyone stays safe.  Please be patient with them if they pull you over—they are just doing their job and trying to respect the concerns of everyone. 
·         Please take time to review the Boat Regulations (which can be found on the HOA website, under the Boats tab), and the safety presentation created by the Boat Committee at https://youtube/PnP45KkZQZ8.  You can also obtain an copy of the safety class power point from the HOA.
·         Just a few reminders of core rules that are critical to the safe use and enjoyment for everyone:
o   All traffic on the Lake is counterclockwise.    That means no watercraft should be operating in a clockwise fashion anywhere on the Lake on the wake side of the buoys.    Boat Patrol has been asked specifically to look for this going forward as this season has brought a lot of traffic not following the correct pattern.
o   All traffic in coves, inside the orange buoys, and after dusk anywhere on the lake, is no wake.   
o   The speed limit is 37 mph for any watercraft. 
o   Navigation lights are required after dusk.    Dock lights should not be used unless you are actually pulling into your dock.
o   Plowing is almost always unnecessary as it causes needless waves and bottlenecking of traffic.   No wake or on plane is ideal.
o   Please be respectful of the City’s late night nuisance ordinances—ie., loud music into the night on the boat.
o   Try to avoid coving out in the middle of the lake—that just congests traffic for everyone else.  Find a spot out of the way and have fun.
o   Be respectful to skiers and others being pulled.    Keep a safe distance.
o   PWCs are not allowed to jump waves within 150’ of other boaters, are not allowed to weave in and out of traffic, and must be at idle speed within 50’ of other watercraft.  PWCs are also at the bottom of the right-of-way rules.  So basically, PWCs must give way to any other watercraft on the Lake at all times.
o   Non-motorized activities are best inside the buoys, such as kayakes, paddle boards, and so on.  
o   Please avoid bottlenecking the Lake with tubers and pwcs doing circles in the tighter areas, such as West of the AYC.   There is plenty of open water and less clogged spots towards the East to do that.
o   The Regulations set forth right-of-way priority for oncoming boats, etc, but, at the end of the day, simply giving way  and slowing down when approaching others is the safest outcome for all.
o   All ramp gates must be closed and locked after you put your boat in, each time you use them.  This helps ensure only those with permission to use our Lake do so.   If you have any questions, feel free to contact the HOA. 
 
FOURTH AMENDMENT OF DECLARATION OF RESTRICTIONS – CONSENT FORM OPTIONS (2020):
 
 
 
 

 
Restrictions Amendment Consent Facts
 
The HOA would like to clarify some of the information that is being handed out throughout the community concerning the Consent to 4th Amendment to Lake Winnebago Subdivision Restrictions. Please see below for actual facts concerning this matter. We thank you for your support.
 
The Restrictions were last amended in February 29, 1988.
The 1988 Amendments changed the 1974 Restrictions.
Both the 1974 and 1988 Restrictions have a specific article on the “Amendment and Duration of the Restrictions”.
The Restrictions recognize that the HOA will have “By-laws” to establish rules for the conduct, regulation and/or management of its affairs and business.
The By-laws do contain rules for “voting”, proxies, quorums, etc…
The By-laws were last amended February 9, 2013 by a “vote”.
The HOA By-laws do not, and cannot, override, or change the Restrictions.
In 1988, due to challenges by residents on the Restriction amendment process, a legal opinion was obtained from the firm of Freilich, Leitner, Carlisle & Shortlidge. In a 10 page February 5 letter from this legal firm to the HOA, the following statements were made:
 “The current Restrictions, may be amended by instruments in writing signed and acknowledged by the record owners of fee simple title to two-thirds of all the lots in the Subdivision. It is not a vote but a consent by a sufficient number of lot owners to amend the Restrictions.”
 “Again, amending the Restrictions is not a matter of voting. If property owners agree that the amended restrictions will apply to their land, they will sign counterparts so declaring. Their signatures must be notarized. However, in order for the Restrictions to be amended, the written consents of the record owners of fee simple title to two-thirds (2/3) of all lots in the Subdivision are required. Thus, if an owner holds fee simple title to five lots (5), that owner may consent to the change of restrictions for each of his five (5) lots.
Every multiple owner has the opportunity to approve the amendments for each lot owned.”
The 1988 amendment to the 1974 Restrictions changed the article on “Amendment and Duration of the Restrictions” from “…fee simple title to two-thirds of all the lots …” to “…fee simple title to two-thirds (2/3) of the Lots, Parcels or tracts of land …” .
In order to insure the HOA was properly following the Restrictions, it asked the law firm of Oswald, Roam & Rew, LLC. (OR&R) for its legal opinion regarding the proposed 4th amendment to the Restrictions process. In a November 12, 2019 memorandum from the OR&R firm to the HOA the following statements were made:
 “Yes. Consents to change the Restrictions should be obtained from fee simple owners of each lot, parcel, or tract of land with the Subdivision, even if that lot, parcel, or tract of land’s owner, owns more than one lot, parcel or tract within the Subdivision.”
 “The process followed when the HOA amended the Restrictions in 1988 in what became the Third Amendment followed this opinion as it was clear by analyzing the consent forms that many individual and entity lot owners sign consents for multiple lots.”
 “It is also important to note, during the 1988 Amendment process all property owners who owned multiple properties and the Land Development Company (the predecessor to LW Holdings) were counted in the numerator and denominator of the consents and overall lot count when determining whether the 2/3 requirement is met.”
 “Thus pursuant to Article VI of the Restrictions, a property owner is entitled to one consent for each lot, parcel, or tract of land they may own within the Subdivision.”
 “Finally, during the 4th Amendment process the HOA should count all lots owned by owners with multiple properties, including lots owned
by the HOA, LW Holdings, developers, builders and other entities, pursuant to the precedent set in the 1988 Amendment process. “
 “Yes, Lake Winnebago II property owners may consent to the 4th Amendment to the Restrictions.”
A recent posting by a Resident on the HOA Face Book (FB) page relative to the Restrictions Amendment process is incorrect. The process being used by the HOA for the Restrictions Amendment process is NOT “flawed” as claimed by the resident. The amendment process is not a “vote”. The By-laws cannot, and do not, override or change the Restrictions requirement for amendment by the “consents” of the owners of 2/3’s of the lots, parcels, or tracts of land being granted.
News
Park Reopening Information
Posted on May 15th, 2020
Connect Lake Winnebago Flyer Facts
Posted on Nov 25th, 2019
Form for Co-Owners Fourth Amendment of Delcaration of Restrictions
Posted on Nov 18th, 2019
Form for Married Persons Fourth Amendment of Declaration of Restrictions
Posted on Nov 18th, 2019
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