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Minutes 05-03-2013

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Deer Lake Property Owners’ Association Board Meeting

Minutes: may 3, 2013

President:  Gene English*

Vice President: Mary-Ann Remstad*

Secretary: Fred Daris*

Treasurer:  Carol Gill*

Members at Large:      Mike Foyteck*                          Doug Foyteck               Norm Froeschke*

                                    Robert Namowicz*                   Robert Schaffer*          Therese Williams*

            *in attendance

Also in attendance-DLPOA members: Ken Gill, Sharon Gardner, Bob Hutt, Marie Daris

  • Gene English called the meeting to order at 8:03 am
  • Note: The election of officers for 2013 is not required since each is fulfilling their second year of their term. Sharon Gardner stated that she is stepping down as a board member but will be an active DLPOA member. Therese Williams nominated Norm Froeschke as a board member.  Seconded by Rob Namowicz.  Unanimously approved.  It was mentioned that Matt Zabel is interested in spearheading the formation of a legal fund.

  • Gene English met with the Derrick Freize (president of the Knowll’s Association) to discuss the marina issue.  Gene told him that they are required to meet the DEQ & Township laws for environmental & marina application.

Gene informed the board that Pat Kittle (Township Supervisor) stated a Township decision will not be made until all information about any marina permit was reviewed.  This conflicts with information obtained by Mike Foytech that an agreement between the Township & the Knowlls has already been made.  There is concern that the Township officials are violating Michigan State Law by having closed door meetings with the Knowlls for a possible consent judgement.  Freedom of information requests to the Township was sent out requesting all documents on the matter.  This information will be necessary to determine if any legal action will be made against the Township officials.

Gene proposed that he have a meeting with Paul Brown (Township Treasurer), Pat Kittle, Dan Kelley (volunteered as mediator for the Township), Derrick Freize, and himself.   After lengthy discussion it was determined that this meeting would not accomplish anything and would only compromise violations to the existing DEQ & Township laws. It was reiterated that DEQ & Township permit applications must be made and that notices and hearings on the matter must be made according to the laws.

Sharon Gardner stated that Deer Lake is restrictive covenant and that lake privileges are given for swimmers, kayakers/canoers, and fishing.  It does not give lake privileges to speed boats.

Motion#1  Fred Daris made a motion that there will be no meeting between the Township Officials and any Deer Lake Board members or Officer in regards to the discussion of marina permits without legal representation. Seconded by Carol Gill and unanimously approved.

Motion#1  Norm Froeschke made a motion that a letter be written by attorney Greg Need to the Independence Township Officials stating the requirements of DEQ & Township laws and the State of Michigan laws on closed session meetings.  Seconded by Fred Daris.  Unanimously approved.  Gene English will take the lead to contact Mr. Need.

Sharon Gardner said she has three large folders of property descriptions and titles of properties that can be reviewed.  She will retain these folders.  She expressed the title activity on the Knowll’s property:

1966   Knowll’s established

1971   Property forwarded to Knowll’s Association of 535-foot perimeter.

1976   Transfers from Fred Barton which changes metes & bounds

It was discussed that a the Township should require a certified survey of the Knowlls property to meet the as required by the special interest requirement 11.08 of the Township Ordinance. Note: when the lake front of the Knowlls is measured per the ordinance, the lake frontage is 290 feet and not the 535 feet of shoreline perimeter.

Meeting adjourned at 9:32 am.

Note: Due to the length of discussion on marinas, all agenda items were not covered.

 The next meeting will be held on Friday, May 24, 2013, 8:00 AM; Location Brioni’s:

–  AGENDA DLPOA meeting May 24, 2013:

–       Call to Order

–       Approval of March 15 & May 3 meeting minutes

–       Financial report

–       Lake quality monitoring & update

–       Wild Ones update

–       Discussion on the use of Special Assessment district for marine patrol, goose round up, water quality testing, phragmitis control, etc.

–       Summary of Michigan Lakes & Streams seminar

–       Website update

–       Marina Status

–       New Business