Baseball Diamond - The baseball field will be reserved:
Sunday evenings - 6:00 to 7:30 pm
Tuesday Evenings - 5 to 7pm
Wednesday evenings - 5:45 to 7pm
all until the end of June.
Tennis Courts - The courts will be reserved on Tuesdays from 5:30 to 7pm for the Tennis Club.
Lake Winnebago Survey Results
In August 2021, the Lake Winnebago Planning Committee began a strategic planning process for the community. The purpose of the strategic plan is to answer these key questions:
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?
A series of four community surveys were conducted to inform the process. Surveys were released by email on four Mondays between September and November. They were also available on the HOA website and in the HOA office. All surveys were closed November 29th, 2021. One response was allowed per lot number. Overall, 420 unique lots participated.
After all surveys were closed and analyzed, a final survey was released that asked clarifying questions related to the future of the Lake Winnebago community. Over 340 responses were received.
Overall, the results of these surveys identified major themes:
· Residents value the natural and open space of the community including the beauty and access to the lake.
· Residents desire a safe, clean, community with activities and a strong sense of community.
· Residents want Lake Winnebago to have a unified appearance and community guidelines that are applied consistently.
· Residents love the active lake life at Lake Winnebago.
The detailed survey report and complete survey results can be found using Survey Results
. If you have any questions about the surveys, please contact Scott Majercik.
New Amenity Announcement
The Amenities Committee, along with Randy Spalding and the HOA, are pleased to present further plans for Lake Winnebago’s new amenities property. The 5.2 acre amenity area is located on the south side where Wild Horse Parkway meets South Shore Drive. This land was designated as amenities area per the Development Agreement (DA).
The voting members of the Amenities Committee include Bill Hancock, Alicia Holecek, and Amy Kirkpatrick, Randy Spalding, Marc Cook, and James Asher. This committee, per the DA, is tasked with making a recommendation for development of the amenity area. After much consideration, and multiple community surveys, the committee is presenting plans for a pool and community building. Westport Pools has been selected for construction of the swimming pool and to oversee the construction of the adjacent community building. We are proud to present the plan to the community on February 26 at the Annual HOA Board Meeting. Ryan Casserly from Westport Pools will formally present the drawings and plans. We look forward to seeing you there.
The Community Building is a gorgeous 2,000+ sq. ft. lower-level building with open and covered decking overlooking the cove and pool. Community bathrooms on the upper level will be available to the entire amenities area. On the lower/pool level there will be a community room, restrooms, pool equipment room and office. This community room will open up to the pool side as well as a lakeside patio and gas fireplace with an amazing view of the cove. This community room will be available to the community to reserve for small gatherings year round.
The resort style swimming pool boasts nearly 5600 sq. ft. of water with a zero ("beach") entry with bubblers, two tanning ledges with loungers, in-water bench seating, entry steps and two swim lanes. Ample pool decking surrounds the pool and will offer lounge chairs and several shaded areas to enjoy.
In addition to the pool and building, there are other features to the property, and room for future development. A boat ramp with security gate and parking have already been completed. Additionally, a launch dock will be added where the boat ramp meets the water to help residents while launching their boats. Further into the cove, below the pool area, there will be a "day use" dock with 10 boat slips to serve as temporary parking to enjoy the amenities area by boat. Sidewalks and stairs will lead you to the community building and pool area. Funds are also allocated for grading, retaining walls, landscaping and shoreline stabilization.
When the Development Agreement was initiated, there was a total of $1.6 million allotted for the amenities area: $600,000 from LW HOA and $1 million from Randy Spalding. After extensive pool and community building research, it was apparent additional funds would be needed to complete this project. In November 2021, the community voted to approve adding $750,000 into the 2022 budget, and Randy Spalding agreed to match that addition for a total project budget of $3.1 million. As pictured, the budget for the pool and community building is $3.9 million. Randy Spalding has agreed to cover the overages beyond the funded $3.1 million for the completion of the project as depicted. After presenting to the community, the HOA Board will vote on March 8, 2022 on the recommendation from the Amenities Committee. If approved, total HOA contributions to the construction of the project will be capped at $1,350,000 and the facility would be scheduled to open Memorial Day weekend 2023.
All members are encouraged to attend the Annual Meeting (Saturday, February 26, 9:00 a.m. at the AYC) and/or the March Board (Tuesday, March 8, 6:45 p.m. at the HOA Board room) to hear more about this exciting project. Questions may also be submitted at email@example.com, or feel free to contact any Board member or member of the Amenity Committee with any questions.
Please note that a FEMA required "Public Notice" concerning the "Proposed Flood Zone Modification & Spillway Lake Level Study Update" has been included with the December Signal. Below is the link of what has been sent out in this months publication. Also is a link of the notice sent out a year ago.
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.
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.