LAKE DIANE COMMUNITY ASSOCIATION

MONTHLY BOARD MEETING JULY 14, 2018

The Pledge of Allegiance was recited.

The Lake Diane Community Association meeting was called to order at 10:30AM by Roger Giallorati.

All Lake Diane Community Association Grants of Authority were reviewed and accepted. All dues were paid, which qualified the members in attendance as “members in good standing”.

Members In Attendance:

Roger Giallorati

Scott Coakley

Jim Watt

Kim Byrne

Kevin Mack

Rod Anderson

Jerry Agrusa

Terry Rupp

Diana Coakley

Brenda Mack

Karen Watt

After discussion, it was determined that the seven members in attendance which constitute the LDPOA board of trustees be appointed to the LDCA board of trustees. It was also determined that all officers retain their current office as voted by the trustees at the LDPOA board of trustees meeting June 9th, 2018.

Roger made a motion that the Lake Diane Community Association Bylaws be approved. Rod seconded the motion.  A vote was taken, and the motion passed unanimously.

Dues for membership will be as follows:

*$120.00 if membership is acquired on or before December 31, 2018

*$150.00 if membership if acquired after December 31, 2018

*If membership is acquired, and the member owns more than one member lot, the dues will be 100% of the first year’s dues for the first lot, then 50% of the first year’s dues for each additional lot.

There was a lengthy discussion regarding the incentive for membership. There are positive changes to the bylaws which the board believes will increase interest.  A membership drive will ensue with a mailing to current LDPOA members. 

Kim made a motion that an Event Committee be formed to promote the goodwill of the association through recreational activities. Rod seconded the motion.  A vote was taken, and the motion passed unanimously.  The committee will consist of members Rod Anderson, Kim Byrne, Diana Coakley, and Brenda Mack.

The cost of weed treatment was given consideration as an incentive for membership. After discussion, it was determined that if a non-member property owner wishes to have the weeds treated at their shoreline, the fee will be $200.00.

LDCA will hold monthly board of directors meetings each month upon the adjournment of the LDPOA monthly board of directors meetings.

At 11:15 Roger made a motion that the meeting be adjourned. Scott seconded the motion.  A vote was taken, and the meeting adjourned.

Respectfully Submitted:

Kim Byrne

Secretary

Lake Diane Property Owners Association

Monthly Board Meeting

July 14, 2018

The meeting was called to order by President, Roger Giallorati at 10AM.

Board Members in Attendance:

Roger Giallorati, President

Scott Coakley, Vice President

Jim Watt, Treasurer

Kim Byrne, Secretary

Rod Anderson

Kevin Mack

Jerry Agrusa

The Pledge of Allegiance was recited.

Kim Byrne, Secretary presented minutes from the May 19, 2018 monthly meeting. The minutes were approved as written.

Treasurers Report:

Jim Watt presented the Treasurer’s Report. The report was approved as written.

Jim made a motion that the maintenance account be closed. Jerry seconded the motion.  A vote was taken, and the motion passed unanimously.

Aquatic Life:

Clarke Aquatic retreated the weeds on the northwest bay of the lake. The follow-up spray was successful. Lily pads are starting to come in extremely thick in that location.

One of the buoys was presumably hit by a watercraft. It is advised that boaters not tie off to it.

Dredging:

Scott met with the Michigan Marine to collect soil samples for the permit. We are expecting to dredge in September. 

The water level is now below the dam. Karlye will discuss making an adjustment to the dam to increase the water level with the HCDC attorney, as requested by HCDC.  

Parks:

The remainder of the painting will be done August 3^rd prior to setup for the annual picnic.

Lake Diane Schedule of Events:

All supplies have been ordered for the annual picnic. The scheduled date is August 4^th with a 1PM start time.

Golf outing plans are on track. Due to the closing of Windwood Hollow, the new location will be Patriot Hill in Montpelier, Ohio.

Old Business:

The first meeting of the Lake Diane Community Association will be held today immediately following the Lake Diane Property Owners Association meeting.

New Business:

Nothing new to report.

At 10:27, Roger made a motion that the meeting be adjourned.   Scott seconded the motion.  A vote was taken, and the meeting adjourned.

Respectfully Submitted:

Kim Byrne, Secretary

Lake Diane Property Owners Association

Annual Meeting

June 10, 2017

The meeting was called to order by President Roger Giallorati at 10:17AM.

Board Members in Attendance:

Roger Giallorati, President

Jim Watt, Treasurer

Kim Byrne, Secretary

Scott Coakley

Kevin Mack

Jerry Agrusa

Absent:

Al Vitous

The Pledge of Allegiance was recited.

A quorum was verified.

Kim Byrne, Secretary, presented minutes from the June 11, 2016 annual meeting. The minutes were approved as written.

Nominations were accepted for three vacant positions on the LDPOA Board of Trustees. Nominees were:

Rod Anderson

Roger Giallorati

Jerry Agrusa

Bob Pitzen

All candidates accepted their nominations.

Roger Giallorati made a motion that the option for nomination be closed.

Results of the election with number of votes received, and term length is:

Jerry Agrusa with 71 votes, for a two year term

Roger Giallorati with 61 votes, for a two year term

Rod Anderson with 73 votes, for a three year term

Bob Pitzen with 26 votes, did not qualify for a position on the board of trustees

Aquatic Life:

Treatment of the lake weeds has been delayed until Tuesday, June 13. It had been scheduled for June 8^th.  Clarke Aquatic Services is much more technical in their services and will be utilizing two small boats with the chemical being released beneath the surface v one large one with the chemical being sprayed onto the water’s surface.  Executed permission slips are good through 2020.

Arda Bucher and Bill Smith have volunteered to conduct the weed mapping of the lake again this year. Arda requested that if you spot starry stone wart, that you please report it to either her or Bill.

There will be no spring phosphorus testing this year, however there will be water clarity testing. Phosphorus and water clarity testing will both be done in the fall.

There were only eleven goose eggs found this year. There are very few nests on Lake Diane.

Parks:

Terry Rupp gave a report on the Shoreline Restoration project. It continues to be a work in progress.

JoEllen Wright will be using the proceeds from the annual wine crawl for an addition to the play structure at Chickadee Park.

The “old” play structure at Chickadee Park has been repaired to make it safe. It has also been repainted.  

Lake Diane Events:

The annual picnic is scheduled for August 5^th.  A clipboard is being circulating at today’s meeting seeking volunteers for set-up, bbq’ing, chairing of games, and to clean-up.

The Toys For Tots Breakfast With Santa event will be held December 2^nd at Shoreside Plaza.

Treasurer’s Report:

Jim Watt, Treasurer, presented the Treasurers report. The report was approved as written.

The proposed 2018 annual budget was submitted. After discussion, it was decided that the budget for dredging be increased to $70,000. Bob Christ made a motion that the proposed budget be approved as written, with the exception that dredging budget be increased to $70,000.  Roger Giallorati seconded the motion.  A vote was taken, and the motion passed unanimously.

Arda Bucher, Nancy Bell and Ruth Weiss volunteered to conduct the 2017 audit. The audit will be completed, then presented at the 2018 annual meeting.

Dredging:

There was discussion regarding fundraisers and donations to expedite increasing funds for dredging. It was decided that we will not promote either at this time.

Scott has received a bid of $428,000 for the dredging of the twelve locations which have been defined as “trouble areas”. It has been proposed that the bay behind Shoreside Plaza be the first area dredged.  Scott hopes to begin the dredging project in the fall.  The permit will be good for five years.

Old Business:

Discussion ensued with the placement of camper trailers on properties of Lake Diane which are bound by deed restrictions. Roger made a motion that a vote of members in attendance be taken to decide if the board of directors should enforce the deed restrictions and continue to pursue property owners who are in violation.  Kim seconded the motion.  A vote of the members was taken with results being 38 ayes, and 26 nays. LDPOA will continue to enforce the deed restrictions, then proceed with the necessary actions to remedy violations.

New Business:

History of the lawsuit between LDPOA and Blaine LeBlanc and Dennis MacDonald was discussed. LDPOA and Blaine LeBlanc and Dennis MacDonald have agreed to delay court action until August, 2017.  LDPOA is pursuing legal action against LeBlanc and MacDonald for payment of outstanding dues. 

Blaine LeBlanc has proposed to remove trees and brush from the roadways within the French Quarter subdivision at his cost in lieu of all outstanding dues. There would need to be a survey completed before the work would commence.  This cost would be the responsibility of LDPOA.  It is estimated that the survey would cost approximately $3.000.00.  LeBlanc owns multiple properties within French Quarter, and has intentions of building “spec” homes for sale.  LeBlanc has requested that all further discussion be inclusive to him as Dennis MacDonald is not his business partner.

Prior to today’s meeting, Roger made a motion that all facts be presented to the member’s in attendance of the 2017 annual meeting. The member’s would then vote to accept Blaine LeBlanc’s proposal that he clear all the roads of the French Quarter subdivision in lieu of all outstanding dues.  If the member’s decide against Blaine’s proposal, Blaine would then bring all outstanding dues current.  Blaine seconded (agreed to) the motion.  A vote was taken.  The motion was not passed with a vote of 5 ayes, and 47 nays.

At 12:30PM, Roger made a motion to adjourn the meeting. Jim seconded the motion.  A vote was taken, and the meeting adjourned.

Respectfully Submitted:

Kim Byrne, Secretary

Lake Diane Property Owners Association

Board of Directors Meeting

June 10, 2017

The meeting was called to order by President, Roger Giallorati at 12:35PM.

Board Members in Attendance:

Roger Giallorati, President

Jim Watt, Treasurer

Kim Byrne, Secretary

Scott Coakley

Kevin Mack

Jerry Agrusa

Rod Anderson

The purpose of the meeting was to elect officers for the current board of directors.

Kim made a motion that Roger serve as president. Jerry seconded the motion.  A vote was taken, and the motion passed unanimously.

Kim made a motion that Scott serve as vice-president. Roger seconded the motion.  A vote was taken, and the motion passed unanimously.

Scott made a motion that Kim serve as secretary. Roger seconded the motion.  A vote was taken, and the motion passed unanimously.

Roger made a motion that Jim serve as treasurer. Jerry seconded the motion.  A vote was taken, and the motion passed unanimously.

At 12:40PM, Kim made a motion that the meeting be adjourned. Roger seconded the motion.  A vote was taken, and the motion passed unanimously.

Respectfully Submitted:

Kim Byrne, Secretary

Lake Diane Property Owners Association

Monthly Board Meeting

May 19, 2018

The meeting was called to order by President, Roger Giallorati at 10AM.

Board Members in Attendance:

Roger Giallorati, President

Scott Coakley, Vice President

Jim Watt, Treasurer

Kim Byrne, Secretary

Rod Anderson

Kevin Mack

Absent:

Jerry Agrusa

The Pledge of Allegiance was recited.

Kim Byrne, Secretary presented minutes from the April 14, 2018 monthly meeting. The minutes were approved as written.

Treasurers Report:

Jim Watt presented the Treasurer’s Report. The report was approved as written.

Scott made a motion that an attorney bill in the amount of $50 be paid. Roger seconded the motion. A vote was taken and the motion passed unanimously.

Scott made a motion that bill’s received from Pat Giallorati in the amount of $257.71 and Bob Christ in the amount of $16.04 for shelter house improvements be paid. Roger seconded the motion.  A vote was taken and the motion passed unanimously.

Aquatic Life:

Due to no fault of LDPOA, the goose permit arrived one week late. There were multiple complaints from other applicants in Michigan for the same reason.  There were fifteen total eggs collected.  This amount is not enough to warrant a goose roundup as defined by USF&W. 

Bob Christ asked if we could collect eggs any earlier? Roger indicated that the dates are dictated by the USF&W.

Roger reported that the water monitoring program has not yet been approved as a line item on the state’s budget. He will continue to follow for updates.

Clarke Aquatic has been contracted to treat the lake weeds. Weed mapping will be done the second week of May with treatment the first week of June weather permitting.

Dredging:

Scott met with the Michigan Marine to negotiate the contract for the dredging. The contract was agreed to and will not exceed $35,000. The permit has been applied for.  Michigan Marine will pump the soil into bags, then after six months the bags will be split, then the soil excavated.

The depth of the water has also been given consideration when discussing the dredging. Scott will meet with Hillsdale County Drain Commission to discuss.

Parks:

The roof has been torn off the shelter house in preparation for the new metal roof. Roger made a motion that James Delagrange be paid for removal of roof an amount not to exceed $1000.  Scott seconded the motion.  A vote was taken and the motion passed unanimously. 

Roger made a motion that the bill for the materials to Menards be paid with $1000 coming from the budgeted amount and the balance from the shoreline restoration fund. Scott seconded the motion.  A vote was taken and the motion passed unanimously.

The tarp is scheduled to be rolled up June 2^nd at 10AM.  Painting will commence at that time, as well.

Lake Diane Schedule of Events:

Tari Sharp is making the numbers for the garage sale banners. Advertisements will be posted to both the Lake Diane Facebook page and website.  Roger will place an ad in the Tip-Off weekly circular.

Jerry has agreed to chair the annual picnic. There will be volleyball and corn hole games for the adults.  Kim will order trophies.

The location of the golf outing is undetermined. Windwood Hollow is auctioning the property and their maintenance equipment, and it is unknown at this time if they will be open July 28^th.  Kim will have the information June 1^st.

Old Business:

Roger received the bylaws for Lake Diane Community Association via email this morning from Karlye Horton. Roger asked that the LDPOA board review then comment.  Kim asked if Karlye could attend the annual meeting to answer questions posed by the members.  Roger will speak to Karlye.

Brad Spiess asked for information about the status of LDPOA. It was explained that LDPOA will operate until their funds are depleted.  Lake Diane Community Association will assemble for their first meeting as soon as all legal documents are in place.  After that, there will be a mailing to all property owners which will outline LDCA, legal and membership guidelines of LDCA v LDPOA, and a membership drive.

The letter from Mike Clark was discussed regarding the status of Lake Diane fireworks.

New Business:

There are three trustee terms expiring at the annual meeting.

A lengthy discussion ensued as Bob Pitzen challenged the board to promote the fireworks for 2018. It was decided that LDPOA will not promote fireworks this year.  The Lake Diane Fireworks Committee will be promoting all future shows beginning 2019.  

At 11:08, Roger made a motion that the meeting be adjourned.   Scott seconded the motion.  A vote was taken, and the meeting adjourned.

Respectfully Submitted:

Kim Byrne, Secretary

Lake Diane Property Owners Association
Monthly Board Meeting
April 14, 2018

The meeting was called to order by President, Roger Giallorati at 10AM.

Board Members in Attendance:

Roger Giallorati, President
Scott Coakley, Vice President
Jim Watt, Treasurer
Kim Byrne, Secretary
Kevin Mack
Jerry Agrusa
Rod Anderson

The Pledge of Allegiance was recited.

Roger Giallorati, President, presented minutes from the March 10, 2018 monthly meeting. The minutes were approved as written.

Treasurers Report:

Jim Watt presented the Treasurer’s Report. The report was approved as written.

Jim has received an attorney bill in the amount of $175 which will surpass the $4000 budgeted amount for the current fiscal year. Jim made a motion that the bill in the amount of $175 be processed for payment. Roger seconded the motion. A vote was taken, and the motion passed unanimously.

The signators for the Certificates of Deposit are in need of updating. Jim made a motion that he and Roger be added as signators to the accounts. Rod Anderson seconded the motion. A vote was taken, and the motion passed unanimously.

Aquatic Life:

Roger has applied for the goose egg collection permit from the US Fish & Wildlife. He has not yet received the permit although there have been two phone calls made for enquiry.

Clarke Aquatic has applied for application for weed treatment. Clarke estimates they will treat June 1st weather permitting.

The buoys have weathered the winter. No action will need to be taken.

Dredging:

Scott will submit the application to DEQ for dredging the area behind Shoreside Plaza. The estimate will be updated to include an amount not to exceed $35,000.

Parks:

Updates to the shelter house will resume early May.

Lake Diane Schedule of Events:

Boaters Safety has been scheduled for June 2nd @ 8:30AM.

Old Business:

There was discussion as to the legality of the Lake Diane corporation. The board continues to pursue legal advice from Karlye Horton.

New Business:

Mike Clark submitted a letter to the board regarding the 2018 Lake Diane Fireworks. He has been unable to secure liability insurance. Therefore, the fireworks have been canceled and the previously placed order for the display has also been canceled.

At 10:58, Kim made a motion that the meeting be adjourned. Roger seconded the motion. A vote was taken, and the meeting adjourned.

Respectfully Submitted:

Kim Byrne, Secretary

Lake Diane Property Owners Association

Monthly Board Meeting

March 10, 2018

The meeting was called to order by President, Roger Giallorati at 10AM.

Board Members in Attendance:

Roger Giallorati, President

Jim Watt, Treasurer

Kim Byrne, Secretary (via teleconference)

Jerry Agrusa

Rod Anderson

Absent:

Scott Coakley

Kevin Mack

The Pledge of Allegiance was recited.

Roger Giallorati, President, presented minutes from the February 17, 2018 monthly meeting. The minutes were approved as written.

Treasurers Report:

Jim Watt presented the Treasurer’s Report. The report was approved as written.

Aquatic Life:

Roger has applied for the goose egg collection permit from the US Fish & Wildlife. It is not yet known what the dates will be for collection.

Rebecca Finnegan was in attendance to discuss the over-abundance of geese on Lake Diane. She is concerned with the water pollution the geese are causing.  After a lengthy discussion, Roger indicated that he would find out if Lake Diane qualifies for a goose round-up on top of the goose egg collection.

Roger has been in touch with Clarke Aquatic regarding weed treatment. Clarke estimates they will treat June 1^st weather permitting.

Dredging:

Nothing new to report.

Parks:

Nothing new to report.

Lake Diane Schedule of Events:

Boaters Safety has been scheduled for June 2^nd @ 8:30AM.

Old Business:

Karlye Horton is writing new bylaws because it has been determined LDPOA is outside the thirty year window of the Summer Resort Act. The new bylaws will be written as per the guidelines of a Non-Profit Corporation, as there has been application made to the State of Michigan for a new Non-Profit Corporation.  At the advice of the attorney, the current corporation will continue to operate until the operating funds have been depleted. 

All members are encouraged to attend the Annual Meeting, June 9^th to further educate themselves as to the status of LDPOA, and moving forward from here.

Kim Byrne made a motion that the Spring, 2018 LDPOA Newsletter be made part of today’s meeting minutes. Jerry seconded the motion.  A vote was taken, and the motion passed unanimously.

New Business:

Nothing new to report.

At 10:52, Roger made a motion that the meeting be adjourned.   Rod seconded the motion.  A vote was taken, and the meeting adjourned.

Respectfully Submitted:

Kim Byrne, Secretary

Spring 2018 Newsletter

Lake Diane Property Owners Association

Monthly Board Meeting

February 17, 2018

The meeting was called to order by President, Roger Giallorati at 10AM.

Board Members in Attendance:

Roger Giallorati, President

Scott Coakley, Vice President

Jim Watt, Treasurer

Kim Byrne, Secretary (via teleconference)

Jerry Agrusa (via teleconference)

Rod Anderson (via teleconference)

Kevin Mack

The Pledge of Allegiance was recited.

Roger Giallorati, President, presented minutes from the January 13, 2018 monthly meeting. The minutes were approved as written.

Treasurers Report:

Jim Watt presented the Treasurer’s Report. The report was approved as written.

Aquatic Life:

Roger has not yet received the application from US Fish & Wildlife for the goose eradication permit. He will make contact for an update on the application.

There has been no word from Clarke Aquatic regarding weed treatment. Roger will contact them.

Building:

Because it has been determined that Lake Diane Property Owners Association does not have the capacity to enforce deed restrictions, the building committee will cease to exist effective today. In the future, property owner neighbors will enforce deed restrictions upon their own property owner neighbors.

Dredging:

Scott has been diligently working through the application process with the DEQ to move forward with the dredging project behind Shore Side Plaza. This area has been chosen first because as summer progresses the lake level lowers, and it is difficult to maneuver watercraft in that area.  The majority of the property owners will benefit.

Parks:

Nothing new to report.

Lake Diane Schedule of Events:

Boaters Safety has tentatively been scheduled for June 2^nd.

Old Business:

The Schindorf’s have refused to remove their camper trailer from their lot. They requested an extension of 120 days, LDPOA countered with 60 days.  The trailer camper is supposed to be removed by the end of February.  If it is not removed, action will be taken to enforce the judgment made by Hillsdale County.

There is confusion surrounding the status of Lake Diane Property Owners Association and its ability to collect dues. This confusion has to do with many, many years ago when Lake Diane Incorporated conveyed the property of Lake Diane to Lake Diane Corporation. There were only two signatures on the form of conveyance; the President and the Vice President.   Legally, it should have been voted on by the board at a meeting with signatures from the President, Vice President, and Secretary.  LDPOA attorney, Karlye Horton has confirmed that Lake Diane Incorporated did not properly convey the property to Lake Diane Corporation.  She has also conferred with the judge on this case. Because the property was not conveyed properly, it has been determined that LDPOA does not have authority to collect the $20 maintenance fee and cannot enforce deed restrictions as outlined in the bylaws.  However, it has been confirmed that LDPOA is operating legally as a non-profit corporation and always has been.  We will continue to operate into the future for the betterment of the lake and its surrounding property.

With all the questions regarding LDPOA and its ability to collect maintenance fees, the lawsuits for back dues against Dennis McDonald and Blaine LeBlanc were tabled in order to sort through the details of the outstanding balance of each party.  It was determined that Dennis McDonald does not own any lots with Grants of Authority in place, and we cannot collect the $20 maintenance fees that he refuses to pay, so the case against him will be dropped.  Blaine LeBlanc does indeed own multiple lots which have Grants of Authority making them member lots, so he is required to pay his annual dues, but not the $20 maintenance fee.  LDPOA will continue to pursue payment through a lawsuit for his outstanding annual dues.

Blaine LeBlanc was in attendance indicating that he plans to “defend himself” if any further action is taken against him in an effort to collect dues. With him today, he brought multiple copies of discharge of lien affidavits requesting signatures for all liens to be removed from his properties.  He was denied.  He asked if the property owners at Lake Diane have been notified of the investigation into the capability of Lake Diane Property Owners Association to operate.  Roger indicated that a letter is being composed for a mass mailing to all property owners.  Blaine informed the board that he intends to argue objectives of the association as opportunities arise.  His intentions are to move forward with his plans for “Serenity” and the north side of the lake.  Kim asked Blaine to please clarify his intentions.  He refused the request indicating that all information is available at the township and county offices through the “Freedom of Information Act”.

New Business:

At 10:41, Roger made a motion that the meeting be adjourned.   Scott seconded the motion.  A vote was taken, and the meeting adjourned.

Respectfully Submitted:

Kim Byrne, Secretary

Lake Diane Property Owners Association

Monthly Board Meeting

January 13, 2018

The meeting was called to order by President, Roger Giallorati at 10AM.

Board Members in Attendance:

Roger Giallorati, President

Scott Coakley, Vice President

Jim Watt, Treasurer

Kim Byrne, Secretary

Jerry Agrusa

Rod Anderson

Kevin Mack

The Pledge of Allegiance was recited.

Kim Byrne, Secretary presented minutes from the November 18, 2017 monthly meeting. The minutes were approved as written.

Treasurers Report:

Jim Watt presented the Treasurer’s Report. The report was approved as written.

Nancy Bell, Ruth Weiss and Arda Bucher completed the annual audit December 11, 2017. They found all financial records to be in order and complete.

Aquatic Life:

Nothing new to report.

Building:

In response to the disclaimer provided by Hillsdale County Building Authority, Lake Diane residents continue to submit building plans to the building committee for review.

Holly and Doug Rogers of 14614 Lakeshore Dr. submitted plans to the building committee for review. Jerry Agrusa reviewed then approved the application.  Roger has reviewed and signed, as well.

Dredging:

From the eighty-eight property owners whom received letters regarding the dredging, ten have yet to respond. Scott has verified the final ten property owner’s mailing addresses with Jim, and sent them each several informational letters with permission requests.  He is confident the permit will be issued by fall.  If there are property owners who do not respond with permission for dredging at their shoreline, Scott will then adjust the site map to reflect that their area will not be dredged. 

Parks:

The work at the shelter house will resume in the spring. There is painting and some electrical work to complete.

Lake Diane Schedule of Events:

Kim Byrne provided a report on the Breakfast with Santa Toys for Tots event. While attendance was down, collections were on track.  There is consideration being given to a summer Toys for Tots event v. the current winter event.

Old Business:

The Fleck v Imo lawsuit has been settled conditionally. However, the conditions of the settlement have yet to be fulfilled by the Imo’s.

The Shindorf’s have asked for a one hundred twenty day extension on removal of their camper trailer. LDPOA countered with a sixty day extension option.  There has been no final word.

The board acknowledged Donna Davidson for her cooperation with Hillsdale County Road Commission to repair/replace the drain tile on West Diane Drive. The HCRC has nearly completed the project.

Due to the past litigation with Robert Whitman, LDPOA attorney, Karlye Horton has requested that we renew Lake Diane Property Owners Association’s corporate existence. It is believed, but not verified that there has been a lapse in the existence of a legal governing board for Lake Diane.  Robert Whitman’s attorney claims that the corporation’s term expired in 2007.  LDPOA has understood that it was formed in perpetuity.  Roger and Jim are working closely with the attorney to make certain that all forms are sufficiently registered with the state, and all documents are in place to operate into the future as Lake Diane Property Owners Association.   

Roger made a motion that the board vote to approve renewal of Lake Diane Property Owners Association corporate existence. Kim Byrne seconded the motion.  A vote was taken, and the motion passed unanimously.  

LDPOA will no longer be utilizing services of Roy Brandes. Moving forward, Karlye Horton of Rusk & Horton, P.C. will provide legal counsel to LDPOA.  Roger has signed Attorney Substitution Forms for ongoing litigation with Dennis McDonald, Blaine LeBlanc, and Fleck v Imo.

New Business:

There is a camper trailer being utilized at Larry & Barb Meyers property at 14727 West Diane Drive. LDPOA and Ohana, LLC will pursue further action in effort of the removal of said trailer.

There was discussion about the cost to non-members for weed and lily pad treatment. Jim made a motion that non-member property owner’s weeds be treated at a cost of $150.00 while member property owner’s weed treatment be included in their yearly dues.  Rod seconded the motion.  A vote was taken, and the motion passed unanimously.

There is a safety concern regarding the open water around some property owner’s docks as a result of their bubblers. Roger asked Kim to send out an email asking property owners to please reduce the area of open water for safety measures.   

At 10:57, Roger made a motion that the meeting be adjourned.   Jim seconded the motion.  A vote was taken, and the meeting adjourned.

Respectfully Submitted:

Kim Byrne, Secretary

Lake Diane Property Owners Association

Monthly Board Meeting

November 18, 2017

The meeting was called to order by President, Roger Giallorati at 10AM.

Board Members in Attendance:

Roger Giallorati, President

Jim Watt, Treasurer

Kim Byrne, Secretary

Jerry Agrusa

Rod Anderson

Kevin Mack

Absent:

Scott Coakley, Vice President

The Pledge of Allegiance was recited.

Kim Byrne, Secretary presented minutes from the September 9, 2017 monthly meeting. The minutes were approved as written.

Treasurers Report:

Jim Watt presented the Treasurer’s Report. The report was approved as written.

Kim asked if the annual audit has been completed. The answer was “no”.  Nancy Bell, Ruth

Weiss and Arda Bucher will be contacted to complete.

Aquatic Life:

The lily pads were treated late September. They were not treated at Adkins, Smiths and LeBlancs.

Building:

If a building applicant goes to the county building authority with a request for a building permit, the county is not required to enforce LDPOA deed restrictions. They must issue the permit if all municipal conditions are met.  However, they will advise the applicant to contact their local association prior to construction.  They are including with the application/permit the following statement:  “This permit has been reviewed and issued for compliance with State, County, or local jurisdiction laws, codes, rules and standards.  If your property is within an area bound be (by) recorded deed restrictions, be aware that failure to comply with deeded restrictions may subject you to private legal action. “Contact your local association or Development Authority prior to construction””

Larry and Barb Meyers have made application and received approval for construction of a house and attached garage at 14727 West Diane Drive.

Dredging:

From the 88 property owners whom received letters regarding the dredging, 14 have yet to respond. Scott intends to follow up with a second round of letters.  He also plans to speak with property owners personally to answer any questions they may have.  Terry Rupp has volunteered to assist Scott.

Parks:

The construction at the shelter house is nearly complete, and it looks great! Thank you to the worker bee’s for all your effort.  It truly is appreciated.  The project came in under budget, so the light fixtures will be replaced from the outdated fluorescent to LED.

Lake Diane Schedule of Events:

The Toys for Tots Breakfast With Santa event is on track for December 2 from 10-Noon at Shore Side Plaza.

Old Business:

The Fleck v Imo lawsuit is near settlement. There have been conditions placed on the settlement.

The Johnson and Shindorf lawsuits have been settled. The Shindorf’s have until January 1 to remove their camper trailer, and the Johnson’s have previously removed their camper trailer.  Each party has been directed by the court that their camper trailers can never be returned to Lake Diane.

LDPOA continues to pursue the collection of dues from both LeBlanc and MacDonald.

The judge favored in side of Robert Whitman as he purchased the “Lake Diane Incorporated” name after “Lake Diane Incorporated” became “Lake Diane Property Owners Association”. Kim Byrne made a motion that LDPOA seek alternate legal counsel whom specializes in lake property associations formed under the “Summer Resort Act” for a potential appeal in this matter.  Jerry Agrusa seconded the motion.  A vote was taken, and the motion passed unanimously.  Roger will follow up.

New Business:

HCRC drained the pond on the south side of West Diane Drive. They will place a culvert under the road to allow drainage into Lake Diane to prevent further flooding.

At 11:08, Roger made a motion that the meeting be adjourned.   Jim seconded the motion.  A vote was taken, and the meeting adjourned.

Respectfully Submitted:

Kim Byrne, Secretary

Lake Diane Property Owners Association

Monthly Board Meeting

September 9, 2017

The meeting was called to order by President, Roger Giallorati at 10:05AM.

Board Members in Attendance:

Roger Giallorati, President

Scott Coakley, Vice President

Kim Byrne, Secretary

Jerry Agrusa

Rod Anderson

Kevin Mack

Absent:

Jim Watt, Treasurer

The Pledge of Allegiance was recited.

Kim Byrne, Secretary presented minutes from the August 12, 2017 monthly meeting. The minutes were approved as written.

Treasurers Report:

Roger presented the Treasurer’s Report. The report was approved as written.

Kim asked if the annual audit has been completed. The answer was “no”.

Aquatic Life:

The lily pads will be treated late September. Jim will provide a map to Clarke Environmental to reference the trouble areas.

Building:

Bob Pitzen is stepping down from the Building Committee. The committee will now consist of Roger Giallorati, Rod Anderson, and Jerry Agrusa.  The LDPOA board president (currently Roger) will be required to review and sign off on all building applications.

Ron Southworth has submitted application and been approved for an addition.

Dennis Miller has submitted application and been approved for a screened porch.  

Dredging:

There has not been 100% response rate from the 88 property owners whom received letters regarding the dredging. It is imperative that 100% of the property owners respond favorably for the project to proceed.  Scott intends to follow up with a second round of letters.  He also plans to speak with property owners personally to answer any questions they may have.  Terry Rupp has volunteered to assist Scott.

Parks:

The next work day is scheduled for September 16^th @ 8:30AM.  Kim will contact members that help is needed.

Lake Diane Schedule of Events:

Nothing new to report.

Old Business:

The Shindorf and Johnson camper trailer lawsuits were filed August 7^th.  They were given twenty-one days to respond.  To date there has been no response from either party.  Roy Brandes is asking for a Summary Disposition.  If granted, it would mean that if either party returns their camper trailer to their lot,  LDPOA will have permission to remove it by any means necessary.

To date, Blaine LeBlanc has not paid his outstanding dues. LDPOA is pursuing legal action against Dennis McDonald for payment of outstanding dues. 

The LDPOA has been included in the lawsuit between Dan and Shannon Fleck v Jane and John Imo. Roger and Kim have been diligently answering the twenty-eight page interrogatories, requests for production of documentation and requests for admission directed to LDPOA.

New Business:

There was discussion regarding harvesting the weeds/lily pads of the lake vs. treating with chemicals. Jerry volunteered to research.

Going forward, the LDPOA Annual Family Picnic will be held the first Saturday of August. There is a scheduling conflict with the monthly board meeting if it is held the second Saturday. 

At 10:47AM, Roger made a motion that the meeting be adjourned.   Scott seconded the motion.  A vote was taken, and the meeting adjourned.

Respectfully Submitted:

Kim Byrne, Secretary