Lake James Property Owners Association, Inc.

2007 Annual Meeting Minutes

Call to Order:
LJPOA 2007 Annual Meeting was called to order at 10:10am by Tim Hughes, President of Lake James Property Association (LJPOA). The meeting was held at the Houghton Lake Community Center.

Board President, Tim Hughes introduced all Board Members present

Old Business:

The 2006 LJPOA Annual Meeting Minutes were presented for review and approval.

• Motion made by LJPO Roger Van Omen to accept the August/2006 LJPOA Annual Meeting minutes as written and presented.
• Motion Second by LJPO Judy Nelson
• LJPOA Motion Vote: I’s: All Nays: -0-

Treasurer/Finance:
Revenue and Expense Statement for the Fiscal Year ended July 31, 2007 was presented by the Board Treasurer, Dorothy Yakes. Dorothy made mention that a financial spreadsheet detailing annual expenditures would be available after the September, 2007 meeting. The floor was opened to questions pertaining to the Financial Statement presented.

Q. LJPO Hank Knoll asked for explanation as to why “receivables” are shown as an asset since they haven’t been collected yet and what are the court costs for?

A. Al Walker and Dorothy Yakes advised that this was a standard accounting principal and that our financial statements are produced by our LJPOA accounting firm. It was also noted that cash receivables are legally/contractually due LJPOA and are an asset. As for court costs, these are fees and costs incurred to collect old association dues and assessments. The costs are associated with the fees for property liens, etc.

• Motion made by LJPO Ed Scanell to accept the Financial Report as presented and submitted.
• Motion Second by LJPO Larry Bittner
• LJPOA Motion Vote: I’s: All Nays: -0-

LJPOA Board Position Openings:
This year, there are three (3) position openings on the LJPOA Board of Directors. The terms served by Jim Preczewski – Park Management, Gary Varco – Fish Management and the interim position held by Craig Britvec – Dam Management need to be filled. There were no other nominations received or made at the meeting. The nominees for the three open positions to the Board are:

1. Jim Preczewski
2. Gary Varco
3. Larry Bittner

• Motion made by Tim Hughes – Board President to close position nominations and accept the nominees to the open positions.
• Motion Second by LJPO Pat Hagel
• LJPOA Motion Vote: I’s: All Nays: -0-

LJPOA Board President Update:
Tim Hughes addressed the LJPO’s. Events effecting LJPO’s over the past 12 months include:

• To save on mailing expense, the Newsletter will now be available on the internet (http://www.lakejamesmi.org). Paper copies via mail will be made available by exception only. Please contact one of your Board members to be put on the “mail list.”
  
  
  17. LJPO Ed Oswald advised that the site was very nice but he was unable to find a copy of the Board Minutes that addressed the sale of the LJPOA properties. Where can it be found?
  1. Tom Hayes (Web Master) advised that all Board minutes were posted except for the most recent Board meeting that took place in July, 2007. It would be posted after approval at the September, 2007 LJPOA Board Meeting
   
• LJPOA has a NEW Park! It is Cole Park located off of Baywood Court.
   
• LJPOA started a new blight program in conjunction with Denton Township. The purpose of the program is to clean up certain LJPO homes or properties that don’t comply with Association or Township guidelines. To date, we have addressed thirteen (13) different LJPO’s and have received 75% compliance. LJPO’s are given thirty (30) days to comply with the request. If no response or corrections are made, the issue is turned over to Denton Township.
   
• Roscommon County Road Commission has agreed to install a guardrail at the “tube” on Roscommon Road due to the liability hazard involved. They have not given the LJPOA a time frame for completion but advised that it would take place within the next twelve (12) months. LJPOA will postpone repairing the fencing around the tube until the guardrail is installed. We can NOT install anymore fencing but we can straighten/repair what is already in place.
  
  
  17. LJPO asked if the Road Commission has been asked to place NO STOPPING – PARKING signs, etc. at the tube?
  1. Tim Hughes responded indicating that yes they had been asked but they are NOT willing to post signs.
  
  
  17. LJPO James Nichols asked why we can’t straighten the fence at the tube?
  1. Tim Hughes responded that we can fix/straighten the fence but won’t do so until the guardrail is installed. At that time, we can evaluate what repairs need to be made as more damage to the fence may occur during the guardrail installation.
      
• A THANK YOU and sincere appreciation goes out to LJPO Frank Yakes. Frank is responsible for the reconditioned buoys that have now been placed on the Lake this year!
   
  17. LJPO asked if there were any issues between Denton Township and the LJPOA pertaining to the Dam. Mention of our dam was made in the Denton Township meeting minutes that were published in the Resorter.
  1. Tim Hughes responded that there are NO issues between Denton Township and LJPOA pertaining to our Dam.
      
• Al Walker advised that a Lake James Memorial Fund has been established. This Memorial Fund was organized and presented to the LJPOA Board by LJPO Pam Bylica. Check the LJPOA website for details on memorial gifts. These memorial gifts are intended to honor or remember pets or people. Pam has ID’d products, etc. that can be purchased in memory of a loved one. All gifts are “green.” Pam will coordinate ordering. Information on the Memorial Fund was included in the meeting handouts.
   
  17. LJPO Al Cowen asked where the items can be placed?
  1. Al Walker responded that they items can be placed in any one of the maintained parks or on your own property.
   
  17. LJPO Don Holler indicated that currently the majority of the parks were being maintained by volunteers and that additional items on the property would make it more difficult and time consuming to maintain the property. Is the Board aware of that issue?
  1. Al Walker responded that at this time, there aren’t any memorials in place and that if this became an issue in the future; it would be addressed by the Board.

Report on Certificates:
Don Bleusch informed LJPO’s that he was responsible for the issuance of Property Owner Certificates and that everyone at the meeting should have a LJPOA Certificate.

17. LJPO Harriett Scanell asked why the Certificates are necessary?
1. Don Bleusch responded that the Certificates are required by the LJPOA By-Laws and that they are issue to authorize voting rights and to record/formalize lot numbers and sub-division designations.

17. LJPO Al Cowens asked if we would be issuing more than 1,000 Certificates.
1. Al Walker responded indicating that Wanniki Corporation will be developing 23 new lots that will be part of LJPOA and the addition of these lots will put us over the 1,000 mark.

Al Walker added that seven (7) of thirteen (13) Lake James I Property Owners that were not originally deeded as part of Lake James have joined LJPOA.

Report on Fish Management:
In Gary Varco’s absence, Dan Nelson reported that since the Annual Meeting in 2006, the following fish have been planted in the Lake as outlined and suggested by the Lake’s most recent Fish Study:

• 1000 Perch
• 500 Crappie
• 40 Gallons of Minnows

The next planting will be reversed:

• 1000 Crappie
• 500 Perch
• 20 Gallons of Minnows

Report on Aquatic Plants/Weed Management:
Dan Nelson introduced Ray Van Goathem from Aquatic Nuisance. Ray provided the following update on Lake spraying this season:

Swimmers Itch can be treated and LJPO’s should check the DEQ or Lake James website’s for information.

Ray advised that the DEQ requested updated well records before the planned spray application of 24D. The well audit held up the permit for application of this chemical intended to kill/eliminate Milfoil. To date, not all of the necessary information has been received from property owners on Shadow Lake. Application of 24D has been put on hold at this time.

Ray brought up that they may be a single alternative to the chemicals currently used on the lake. This chemical is known as SONAR (floridone). This chemical will kill milfoil. Cost of the product is determined by water flow volume and is a liquid application. Before application can be done, a water flow study must be done on the Lake. Ray will work with the Board to determine if this is the right alternative. Additionally, it may be best to treat Shadow Lake with RENOVATE flakes as it may be more effective in killing/controlling milfoil.

Lilly Pad treatment continues on the Lake at the expense of LJPO’s. A sign up sheet is available. The cost of treatments is $65/1st year and $35/2nd year.

Dan Nelson reported that the contract with Aquatic Nuisance expires this year. The Weed Maintenance program is currently being bid out to four (4) companies. We have asked that their bids be received by the Board no later than September, 2007. At that time, we will evaluate cost, value and other factors and choose the best services for Lake James.

The use of phosphates by LJPO should be limited as phosphates and detergents impact the Lake adversely. Lawn fertilizers contain a high amount of phosphates. Home depot is now carrying a phosphate free fertilizer.

Report on Dam Management:
Interim Board Member Craig Britvec reported on the recent changes to the Dam area. New fencing has been erected, a new parking has been created and future events will make use of the pole barn vs. incurring rental expense for tents. The area next to the dam has been cleared and leveled allowing access to the property by snowmobile from the Lake. This area should prove to be a great alternative to Moosehead Park next winter as the site of our winter picnic.

Craig reported that the boards were installed in the spring but the rain received overflowed the boards resulting in an unusually high lake level in the spring. The dam gates were opened for a short time to reduce the Lake level to an acceptable level.

Report on Park Management:
Jim Preczewski reported that the May 5, 2007 LJPOA Spring Clean-Up day was a huge success! Approximately 35 LJPO volunteers showed up. Their combined efforts filled up over six (6) trailers with debris that was hauled to the recycling center. After three hours of work, the volunteers were treated to refreshments and food at the pole barn (our new entertainment center!). Jim advises that the Board has scheduled a Spring Clean-Up day for 2008. The date is May 3, 2008. Sincere thanks go out to those you volunteered your time. Mark your calendars for next year!!!

Picnic tables in the parks are deteriorating and will be looked at next year for repair or replacement.

Due to the continued improvements being made to our common park areas, we will be establishing a new Parks Account and allocate a set percentage of annual revenue (1.5 to 2.0%) for park maintenance.

The 2007 boat parade was a huge success. There were 65 boats that participated. Refreshments and hot dogs were served at the Pole Barn afterwards. We look to have even more participants next year!

The Lake will continue to sponsor and hold a Boaters Safety Class for our Lake residents and their guests. Check the LJPOA website for dates and times. The LJPOA will also offer free U.S. Coast Guard Boat Inspections during the summer.

Special thanks to the following: Ray Kahl for mowing Linwood Park, Hank Knoll and Al Collins for mowing Moosehead Park, Des Hanson for mowing Ridgewood, Ted Nielson & Elmer Diebel for helping rebuild the dock at the boat ramp, Frank Yakes for restoring all the buoys, Roger Van Omen for rebuilding and painting the bridge at Hazelwood Park and lastly, Jerry Mader, Terry Jenks and Ray Kahl for cleaning up and clearing Cole Park.

Al Walker and Tim Hughes reported on a new boat launch (Moosehead Park) security system that will be implemented next summer, 2008. Because of the increasing number of trespassers on Lake James, it is necessary to change the boat launch padlock and keys. We have selected MUL-T-Lock high security system. The system has a very unique key that can not be reproduced. Additionally, a new Boat Trailer Decal system will be implemented next summer, 2008. Beginning next summer, any vehicle/trailer that are left or parked at Moosehead Park must have a trailer sticker. These stickers will be issued to LJPO’s for the trailers only. All other vehicles and trailers parked at Moosehead Park with out Lake James identification decals will be towed at the owner’s expense.

The initial cost of the new boat launch key and trailer decal/sticker package will be $10.00 with a replacement fee of $50.00. Commercial keys will be issued for a fee of $50.00 with a replacement fee of $250.00. The key/decal package will be issued on Saturdays during the month of April and/or May by Board members at the Dam site.

17. LJPO Marcy Hayden asked if a trailer decal was necessary if you just launch and leave?
1. Tim Hughes responded NO. The decal is only necessary if you park and leave the vehicle/trailer at Moosehead Park.

17. LJPO asked what the cost of the lock was?
1. Tim Hughes responded that two locks (1 spare) were purchased for $75.00 each. The lock will be welded to the shackle just like the current lock is.

17. LJPO Ed Oswald asked how big of a problem are non-resident’s on the Lake?
1. Al Walker responded indicating that the Marine Patrol has surveyed boaters and found that “strangers – non-resident’s are a growing problem. We have found “hidden keys”, etc. Additionally, 75% of all violations have been issued to “guests” or non-residents. A detailed letter will be published to all LJPO’s this winter.

Report on Lake Management:
Al Walker has been responsible for numerous areas of Lake Management. Main functions have been to collect dues, special assessments and delinquencies. Al reported the following statistics:

• Outstanding dues for 2005: $ 275.00 (three LJPO’s)
• Outstanding dues for 2006: $ 527.00 (eight LJPO’s)
• Outstanding Special Assessments: $1,000.00 (seven LJPO’s)

Two of the delinquent owners are now on a payment plan while the other six are in small claims court and have had liens placed on their property. Also, pending payment between now and October1, 2007, we will begin the process of Sheriff Sale auctions on two owners that have left the State. We have experienced considerable progress in all areas! Last October 2006, we had over 60 owners that were delinquent.

Al Walker urged the LJPO’s to use the LJPOA website www.lakejamesmi.org to obtain the latest information about the Lake and schedule of events. Considerable credit is due LJPO Tom Hayes who is our volunteer Webmaster. He has done a great job!

Property Restriction Update: The Board has been working on updated property restrictions. These revised and updated property restrictions which have been derived from the input received from LJPO’s will be available in October, 2007.

Our Marine Patrol has been very active this season. Recent events sponsored include a Boaters Safety Class held at the Barn and free USCG Boat inspections performed at the boat launch.

REMINDER!!! NO WAKE zones exist in ALL canals and bays. This NO WAKE restriction is in place to protect of shorelines from erosion and safety. Please make your guests aware of these areas subject to NO WAKE restrictions.

Al Walker also discussed boat speed limits on our Lake. Remember, Lake James is an ALL SPORTS lake and only a By-Laws amendment (61% approval) can change that. There is no speed limit on the Lake and this is not governed by our By-Laws. If boaters are traveling across the lake at speeds excess of 55 MPH, they can be subject to a fine. Our Marine Patrol and our Sheriff (Dave Krug) do not have radar guns so this speed limit can not be enforced. It is up to the LJPO’s to “police themselves” to stay within a safe and reasonable speed limit while boating.

Lastly, we currently have 8 volunteers on our Marine Patrol. We need more help! If you are interested in assisting in this area, contact a Board member.

Questions and Comments from LJPO’s:

Comment/Question:
LJPO Hank Knoll commented that he wanted his vote back! He suggested that it was time to change the LJPOA By-Laws to remove the 61% quorum requirements. He indicated that Roberts Rule does not require this and neither should we.

Answer/Reply:
Al Walker responded and shared that we had reviewed this issue with our legal counsel and requires further clarification which we will seek.

Comment/Question:
LJPO Al Cowens proposed and made motion that the financial statements of LJPOA be audited by an outside concern. Al Walker indicated that before a motion can be made and a vote taken on this issue, discussion and information sharing must take place first.

Al Walker commented that the Board had looked into obtaining an audit in the past but the cost was adverse considering the results it would bring. Al Walker shared that Plack’s Accounting holds the LJPOA checkbook and NO board member has access to it. Additionally, the LJPOA board has taken additional risk management steps by requiring all mail and money be received by one individual that has authority to deposit money only. All bills from vendors go to Plack’s for payment. All checks issued require the signature of two Board members and there are only three board members authorized to sign checks. With these risk management practices in place, an audit is not necessary.
 

• Motion made by LJPO Al Cowens to have the financial statements of Lakes James Property Association audited by an outside auditing firm.
• Motion Second by LJPO Hank Knoll
• LJPOA Motion Vote: I’s: 2 Nays: 63 - Motion defeated.

At 12:08PM, after all questions were fielded, a motion was made to adjourn the LJPOA Annual Meeting.

• Motion made by LJPO Frank Loria to adjourn the meeting.
• Motion Second by LJPO Marilyn Nichols
• LJPOA Motion Vote: I’s: All Nays: -0

Revised Thursday September 04, 2008 10:05 AM