CLPOC Board Minutes

CLPOC BOARD OF DIRECTORS MEETING Saturday, November 20, 2021 (Highland Haus)

1. Call to order: The meeting was called to order by Paul Szymkowicz,

President at 9:00 a.m. Board members present were: Dan Rice and

Steve Wilcox. John Colley, Vice

President, James French, Treasurer,

Linda Tilley, Secretary, Jerry Juncker, Bob Halpin (via Zoom) and Dan

Altier attended via Zoom. 2. Staff members: Greg Babbitt,

Lindsay Holcomb, Kim Dowell 3. Approval of the Agenda: Treasurer

French made a comment that the

Lot Default Ad Hoc Committee, once delivering its final report, according to Robert’s Rules of

Order, ceases to exist. Director

Halpin stated that the Committee would be disbanded at the December, 2021 Board Meeting. President

Szymkowicz asked if the Board was in agreement for a one-time exemption, the Agenda would remain as presented. Motion by Halpin /

Support French, Approved 8/0

AUSTIN AND MORTON TOWNSHIP REPORTS: 1. Austin Township met and discussed road issues. It was decided to use the same road contractor as last year. The service was better albeit a little more expensive than the County Road Commission.

Federal money is being held by the

County Road Commission; they have requested the county give more support for the roads. 2. Mark Klumpp of Morton Township presented the report. The Township hired new building-zoning inspector. He has a meeting scheduled with Casey Smith and Kristin

Wilcox of CLPOC. It is understood that the CLPOC approves building requests before Township will issue a permit. Recycle compactor has been installed and now they are working on traffic flow. Township Fire Chief is now a full-time position, this will improve training and response. Walking and bike trail is now open in Mecosta, from

Franklin St to 90th. This trail is now known as White Pine Trail,

Mecosta Loop. The Township sold last the last 3 lots in the business park. A new rescue vehicle, a white suburban, has been purchased and saving money and modernizing the response vehicle. The Valley

Court paving project is complete.

The Township has requested the

County Road commission to provide more of the allocated funds for local roads. A Short-term Rental legislation has passed the Michigan

House, headed to the Michigan

Senate. This bill takes away local control of requirements for shortterm rental properties. Reach out to your senator or to Township officers for more information. Director Wilcox asked if the full-time fire chief might increase the ISO rating. The blight ordinance by the

Township are on the township website. Rice asked about the duration of short-term rentals, as changed by the legislation. Up to 30% of the property would be allocated to allow short-term rentals. 3. Director Altier left the call at 9:17 a.m. 4. President’s Report: President

Szymkowicz thanked the members attending and the members who will watch this meeting online.

It seems like yesterday the snow was melting and Spring was on its way. After a wonderful summer on the lakes, various courts and golf courses, it is time to close up for

Fall. He thanked the staff members and volunteers for their support and efforts. He wished everyone a great holiday season and expressed wishes to stay safe. 5. Financial Report: Controller

Dowell presented the current financial statements. Note: As of the end of October, 228 lots have outstanding 2020 balances and 164 lots have outstanding balances from 2019.

Efforts to collect are ongoing.

COMMITTEE REPORTS: 1. ACC: Secretary Tilley reported that the committee met on November

19, approving one new home, one garage addition and one fence. The committee anticipates receiving a request for at least one new home at the December meeting. As of that meeting, 23 new homes have been approved and one home in a subdivision we do not control was approved. Most of the homes are either completed or under construction. Others are hopeful to begin before the winter weather arrives. 2. CLA Liaison: Director Rice reports the CLA met in November. Previous events: October 30, Halloween

Dance; October 31, Trick or Treat at the Castle (over 500 members and family attended); November 4, Cookoff (Curtis Wolf won); November 6, New Member Welcome

Event; November 8, Gal’s Night

Out; November 11, CLA Veteran

Event (22 veterans were honored).

Upcoming events: Saturday, November 27, Christmas Craft show at Castle; December 5, Christmas

Concert; December 9-10, Judging of Holiday Home Decorating

Contest; December 31, New Year’s

Eve party. Monthly CLA Member drawing winners were Kevin and

Debra Post. Currently the CLA has 947 members. Please check the

CLA website for event details and remember, the membership directory is a wonderful asset. 3. Executive: The committee met to discuss pending legal issues and the Hoover Dam report. General

Manager Babbitt was asked if CLDC naming rights and acquisition agreement is complete, yes, it has been completed. Secretary Tilley gave a soft report on the IT program search, and there was a discussion of the possible need for Code of

Conduct for BOD members. 4. Finance: Treasurer French reports the committee met to review 2022 budget statistics, 2021 final audit report and 2023 budget. There will be a presentation on the status of the 5-year funding plan at the Annual Members Meeting later today.

Director Halpin asked if the report by the subcommittee reviewing the contents of the Repair and Replacement Fund will be available before the vote on 2022 membership dues.

Treasurer French agreed to check with the committee to be certain it will be ready. 5. Lot Default AdHoc: Director

Halpin reminded everyone that the reports are on the CLPOC website. The reports are from outside entities and are suggestions and to be discussed. Members have been reminded weekly to go to the website to review. The one issue left is discussion and research for a possible conservancy and trust for the lots held by the Michigan Land

Bank. Next regular meeting, there will be a white paper dissolving the

Lot Default Committee. Jo Alex will work with the office staff to transfer the data from the lot database. 6. Nominating Committee: President Szymkowicz reported this will be the last report for this committee this year. Director Juncker and member at large Jo Alex were thanked for their time and effort, also the 6 members in good standing that volunteered their time to count the votes and the CLA that hosted the event. 7. Strategic Planning: Secretary

Tilley reported for Director Altier: there was a membership meeting on the IT project. The requirements were finalized for the new software.

The committee expects white papers in December from the staff for the software and a walking path at the Highland Woods Park.

GENERAL MANAGER’S REPORT: 1. The Agenda packet contains reports on amenity usage and safety activity. 2. Each month one of the department heads will attend the board meeting to present their reports in person. This meeting there will not be a department head reporting in person. The practice will resume in

December. 3. Please note: The departmental

reports, normally listed here, have been posted on the Canadian Lakes website for your convenience. 4. The Indian Bridge irrigation project is complete, the 9th hole Bridge will be completed in 2022. The cart paths will be delayed until Spring.

Valley Court has been paved,

Timberlane and Aberdeen have now been overlaid. The Hoover

Dam is reported to have a layer of organic material allowing water to bypass the dam. We will continue to work on this project. The beverage cooler and additional taps have been ordered, the vendor estimates delivery in 10-12 weeks. 5. Consent Calendar: The minutes from the Board of Directors

Meeting October 23, 2021 and the receipt and filing of the October, 2021 Check Disbursements were presented for approval. Motion by

Tilley, Support by Wilcox,

Approved 7/0. (Altier absent) 6. Members Comments on Items for action or discussion: Peter Ricketts (HW191) expressed his concern that the state has 706 lots, which does not cost CLPOC anything.

If we partner with the state to take back 72 lots for greenbelts, why can’t we purchase the lots and keep the state out of it. 7. Items for Action: Receive and File

Fiscal Year 2021 Annual Audit.

Motion French, Support Wilcox,

Approved 7/0 (Altier absent)

ITEMS FOR DISCUSSION:

1. State Land Bank Trust Agreement:

Appointing Directors Juncker (and

Rice,as amended) to explore the potential for any trust agreements with the state. 2. Motion to Suspend the Rules by

Halpin, Support Rice

DISCUSSION: 1. Director Wilcox commented that he was frustrated and perplexed, this committee has been working on this for 28 months, why rush to pass this. What is the need for agreement, can’t allow anyone to be prevented from purchasing a lot, these lots may be where they belong, why no detailed infrastructure report or equilibrium report.

Could Canadian Lakes handle an additional 700 plus lots. There has not been enough time to get all questions answered. CLPOC’s attorney should be doing the negotiation, this is being jammed down the members throat. This affects the members quality of life. 2. Vice President Colley characterized the comments by Director Wilcox as a personal attack and protested during Director Wilcox’s comments. 3. Director Juncker stated this is a continuation of research and he would reconsider his volunteer role in this endeavor if he anticipated being constantly subjected to this kind of questioning and slowed down during the process. He asks the Board to have an open mind. 4. Vice President Colley commented that Director Wilcox’s comments were inappropriate and not entirely accurate. The White paper proposal is to authorizing someone to proceed with investigation and analysis only. 5. Director Rice offered Director

Juncker assistance with fact finding, if this is approved. 6. Treasurer French commented that if we go forward with this independent review, it should be more than a one person committee. He would wish to see an Ad-Hoc Committee and involvement of CLPOCs attorneys 7. Secretary Tilley No comments and no problem going forward with the proposal. 8. President Syzmkowicz expressed his concern that the State Land

Bank has not sold any lots to interested members. Suggested that more than one Director should be tasked with this research. 9. Director Halpin stated he does not agree with Director Wilcox. There wasn’t a vote on this matter at the last board workshop, only because two directors were absent. This is an investigation we are not going forward with any agreement at this time.

Directors Juncker and Rice were on the LDC and have been involved in the meetings with state land bank.

They are fully aware of the history of

the LDC. Either the Board wants to do the research or not. 10. Treasurer French proposes putting the matter to legal counsel, then decide in December. Should be Directors Rice, Juncker and one other. 11. Director Wilcox stated he did not receive any answers to any of my questions. I am not close minded, members have no say. How can we consider the white paper without infrastructure, possible. Asked

Director Halpin for a response. 12. Director Halpin stated that he chose to not engage. 13. President Syzmkowicz this is merely to gather information and present the package to the board and members. Asked Director Halpin if he would be willing to wait until the December Board Meeting to address this White Paper. 14. Director Halpin refused. 15. Director Juncker will bring to the board an opinion by an attorney who specializes in Trusts. 16. Director Rice once more stated his willingness to help Director Juncker in fact finding and meeting with

Land bank representatives. 17. Amended to include Director Dan

Rice in the white Paper. 18. Moved to Suspend the Rules Halpin, Support Tilley 19. Roll Call Vote: Yes votes: Colley,

Halpin, Rice, Tilley, Juncker,

Symzkowicz. No votes: Wilcox and

French, Approved 6/2 20. Motion to approve the amended

White Paper: Halpin, Support

Juncker 21. Roll Call Vote: Yes votes: Colley,

Halpin, Rice, Tilley, Juncker. No votes: Wilcox, French. Approved 5/2 22. 2022 Fee Schedule: Staff has reviewed and sent to the Finance

Committee for Approval. This will be brought to the Board during the

December 2021 meeting.

23. Fiscal Year 2023 ProForma Bud-

get: CPI is 5.5%, but the funding program caps increases at 4.3%.

Official approval in March meeting. 24. Members Comments: Linda Ricketts HW191, LDC should have had meeting with the members. Ron

Presley CL442 Director Wilcox implied Director Halpin was not being transparent. He feels the board and management was not transparent, in particular the PPP money received.

Peter Ricketts, HW 191 how many people read the reports, in his opinion disappointing that so much money was spent on a report that had only common sense with added fluff. He does not feel enough data was produced or shared with the members. The committee should not have been disbanded if there is more work to be done. 25. Directors’ Comments: Rice, thanked everyone for coming today, reminder of 1:00 pm Annual

Members Meeting. Wilcox, stated that he represented the members, disappointed that fellow member of the board balked at accountability and transparency. Hope going forward they will pick up the mantra of representing you and not their projects. Juncker we are not done with the research, we will present the information to the Board and Membership. If there are any roadblocks or CL is not in control they will not continue. Halpin agree with Juncker’s comments, believe they will do a good job for the board to determine if these trusts are the right decision for the board. There are two reports on the website with an enormous amount of data. This includes the database of lots compiled by Jo Alex.

Thank the LDC committee and its 3 at large members who stayed with the committee for 2 years. Tilley, support Juncker’s comments and support the investigation of options with the state land bank. French commented that he voted no because

Robert’s Rules of Orders specifies how AdHoc committees are treated and the LDC should have been disbanded with the final report. Also that the research should be set up as an AdHoc committee. Colley,noted that he respected what French said regarding Roberts Rules. We do follow the rules, but not completely.

Disappointed at some of the dialog that came out, it was unnecessary and cast a negative pall over the work the LDC committee has done. Symzkowicz stated we try to follow

Roberts Rules, but some rules seem to be contradictory. I approve the information gathering. Waiting 30 days, is not necessary. BOD and our attorney will have the final say on whether we will proceed. There are no costs incurred by this research.

26. Member Communication Re-

quirements: ProForma Budget and Fee schedule will be available on the website and will be voted on during the December Board

Meeting. The election results will be available to be included after the

Members’ Meeting at 1:00 p.m. 27. Executive Session: None needed. 28. Adjournment: Adjourned at 10:54 a.m. 29. Notes: The next Board Workshop is scheduled for Wednesday, December 1, 2021 at the CLPOC office, beginning at 5:30 p.m.; the next scheduled Board Meeting is at the

Highland Haus beginning at 9:00 a.m. on December 18, 2021. Respectfully submitted by Linda Tilley, Board Secretary (Minutes are printed as submitted.)

CLPOC BOARD OF DIRECTORS MEETING Saturday, December 18, 2021 (Highland Haus)

1. Call to order: The meeting was called to order by Paul Szymkowicz,

President at 9:00 a.m. Board members present were: Vice President

John Colley, Dan Rice and Steve

Wilcox. James French, Treasurer,

Linda Tilley, Secretary, Jerry Juncker, Dan Altier attended via Zoom.

Bob Halpin was absent. 2. Staff members: Greg Babbitt,

Lindsay Holcomb, Kim Dowell,

Casey Smith 3. Approval of the Agenda: Motion by Wilcox / Support Altier,

Approved 7/0 (Halpin absent)

4. Austin and Morton Township

Reports: No reports received. 5. President’s Report: President

Szymkowicz: 2021 is coming to a close and there were many successes

this year. All the amenities performed well. The articles of incorporation restatement was approved by the membership in November. Two board members have completed their terms of office and will not be returning in 2022, Bob Halpin and Linda Tilley. New board members are Steve Brandt and Shannon Hannon. He expressed his thanks to Bob Halpin for chairing the Lot Default AdHoc Committee and Board Members Jerry Juncker and Dan Rice, along with Members-at-Large, Jo Alex, Jim Bakora and Mike Gray for their service over the past two years. The General Manager and

Staff were thanked for their hard work over the past year and fellow

Board Members were thanked for their support. Wishing everyone a safe and happy holiday. 6. Financial Report: Controller

Dowell presented the current financial statements. Note: As of

November 30, 2021, 217 lots have outstanding 2020 balances and 162 lots have outstanding balances from

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COMMITTEE REPORTS: 1. ACC: Secretary Tilley reported that the committee met this week, approving five new homes and one home addition. As of that meeting, 28 new homes and one home in a subdivision we do not control were approved during 2021. 2. CLA Liaison: Director Rice reports the CLA met in December. Previous events: December 5, Christmas

Concert; December 9-10, Judging of

Holiday Home Decorating Contest;

Upcoming event: December 31,

New Year’s Eve party. Monthly CLA

Member drawing winners were

Scott and Darla Peterson. Currently the CLA has 970 members. Please check the CLA website for event details. He also thanked the CLA

Board and volunteers for their work this year and noted that this is a great organization and a wonderful asset for Canadian Lakes. 3. Executive: The committee met to discuss pending legal issues, the

AOI submission to the State of

Michigan, New Board Member

Orientation for January, a report on the Hoover Dam project, the Pierce

Road bridge, discussion of the possible need for a Code of Conduct for BOD members and possible consideration of a Completion Bond for new construction projects. 4. Finance: Treasurer French reports the committee met to review fiscal 2022 budget projections, membership statistics, small claims court filings and the proposed budget draft for 2023. The replacement reserve sub-committee is working on their report. The committee reviewed the quote for hiking and biking trail in Highland Woods

Park. Community planning committee gave an update. 5. Strategic Planning: Director Altier: reports the committee met and then shared the proposed strategy for improvements, additions to amenities and a timeline for implementation. The proposal for

IT Software and implementation is under consideration. This upgrade

would improve efficiency for the staff and allow members to access their records, pay by credit card at the various venues and schedule tee times for golf online.

GENERAL MANAGER’S REPORT: 1. The Agenda packet contains reports on amenity usage and safety activity. 2. Each month one of the department heads will attend the board meeting to present their reports in person.

This meeting there will not be a department head reporting in person.

The practice will resume in January. 3. Please note: The departmental reports, normally listed here, have been posted on the Canadian Lakes website for your convenience. 4. Reserve and capital: Hoover Dam appears to have water seeping through the gravel and a layer of organic material. The contractor is working on determining the best recommendation for repair. Pierce

Road dam likely needs repairs to the outlet pipe. There is a camera inspection scheduled to determine what repairs, if any, are needed. 5. Restaurant beverage basement cooler has been ordered, parts are on backorder, should arrive by

February for completion. 6. The winter sports park is being prepared for members enjoyment.

The crosscountry trail will go all the way around the Highlands Golf

Course this year. 7. Consent Calendar: The Notes of the

November 3, 2021 Board Workshop,

Minutes of the Board of Directors

Meeting November 20, 2021 and the receipt and filing of the November, 2021 Check Disbursements were presented for approval. Motion by

Tilley, Support by French, Approved 7/0. (Halpin absent)

8. Members Comments on Items for

action or discussion: None

ITEMS FOR ACTION:

1. Approve the Calendar Year 2022

Fee Schedule for January 1, 2022 to December 31, 2022. Motion by

French, Support by Colley,

Approved 7/0 (Halpin absent)

2. Approve the Fiscal year 2023

ProForma Budget: as indicated in packet. Motion by French Support by

Rice, Approved 7/0 (Halpin absent)

ITEMS FOR DISCUSSION:

1. Non-Motorized Hiking/Biking

Trail: Rationale: many members enjoy and are interested in additional hiking and biking trails.

The proposed trail is 1.5 miles long, with a 2-inch layer of gravel, quarter mile markers and boulders will be placed at each end of the ancillary roads within the area to prevent any vehicle usage. The trail is self-contained and will not cross a road. Casey Smith described the location and plans for this trail. 2. Members Comments: Sean Shantz of Royal South has received a letter from Safety about his work trailer stored on his property. His is disputing that there is a deed restriction violation. General Manger

Babbitt will research the issue. 3. Directors’ Comments: Director

Altier thanked the staff for hard work this year, Director Halpin and lot Default Committee and Director Tilley for her help with the IT program. Welcomed new Board

Members. Director Juncker agrees with Director Altier’s comment especially Halpin and Tilley, looks forward to working with new Board

Members, Treasurer French echoed the previous thanks. Secretary

Tilley, expressed her enjoyment of time on the board, wished everyone a Happy, Healthy New Year and congratulated new Board Members

Brandt and Hannon. Wilcox and

Rice agreed with prior comments and thanked the staff and membership. Vice President Colley also echoed the thanks and reflected on his time in Canadian Lakes this year.

President Szymkowicz mentioned the thanks and acknowledgements in his earlier comments.

4. Member Communication Re-

quirements: Notify the members that the restated Articles Of Incorporation have been submitted to the State of Michigan, plus the 2022 fee schedule and 2023 Proforma

Budget. 5. Adjournment: Adjourned to

Executive Session at 10:19 a.m.

EXECUTIVE SESSION: 1. Notes: The next Board Workshop is scheduled for Wednesday, January 12, 2022 at the CLPOC office, beginning at 5:30 p.m.; the next scheduled Board Meeting is at the

Highland Haus beginning at 9:00 a.m. on Saturday, January 22, 2022. Respectfully submitted by Linda Tilley, Board Secretary (Minutes are printed as submitted.)

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