Duck Lake

Property Owners Association | Highland, MI

Information in response to Nov 23 letter

20 Comments

Many resident have recently received a letter from the DLPOA Officers, which has discouraged voting at the Dec 8 election meeting, and makes some concerning claims. If you have not received this letter, you may view and download a copy here.

In response to many questions, here is some information to add more clarity on the election and correct some information which was misrepresented in the letter:

  1.  The election is not “bogus.” It has been legally requested via a signed petition, which was presented publicly during the meeting which took place on November 5. The special election was requested because the DLPOA officers failed to hold the required elections during the October 21 meeting. Our bylaws allow for this special election in this circumstance; the petition was reviewed and acknowledged by government authorities; and the outcome of the election will be binding until the next election in October 2016.
  2. The election committee is not a special interest group. It is a group of residents who openly volunteered to put in their own time in order to coordinate this special election which was requested to represent all DLPOA residents. These volunteers made themselves known in the November 5 meeting, which all residents were open to attend. The election committee is made up of residents from all over the lake, with both lake front and lake access properties.
  3. The election committee did invite the participation of Bob Jones and the officers. Once committee member, Ryan Charlton, even asked me to accompany him to a scheduled meeting with Bob in order to take a record for the website of the election plans, but we were turned away at the door. No member of the lake, officer or otherwise, was turned down or discouraged from participating in the coordination of this election.
  4. I think we will all agree that we do not want to ‘waste’ money on unnecessary activities, but what about the money wasted on this very letter? None of us know how the money we’ve voluntarily given is being spent because that information has not been provided despite numerous requests from numerous people. As a non-profit organization we are legally obligated to file financial statements and tax forms. Beyond the law, we all have a reasonable right to access to this information. Establishing trustees and officers which we have all selected should set us on a path to better financial visibility which should also mean we can spend our money more wisely and do more for the lake.
  5. It is an unintentional and unfortunate coincidence that the date of the election coincides with Bob being out of the country. This was the earliest date which the election committee could rent a venue, and also meet the 14 day written notice requirement mandated by the bylaws. That said, while a property owner must be present in order to vote, they do not need to be present in order to be voted in as a trustee or an officer.
  6. It is absurd to suggest the election committee has even considered plotting to remove voting privileges from anyone. To the contrary, the election committee has been stridently working to communicate with lake residents and properly identify the property owner districts in order to ensure all members have an opportunity to vote and can have their districts represented by a trustee. Further, the DLPOA governing body has no authority to determine which properties do and do not belong to the DLPOA; and as all member properties have equal voting rights, this erroneous claim is not only unfounded but is nothing more than shameless fear-mongering. Indeed, the letter raises a valid point – what would anyone have to gain from this? The answer is nothing. The divide between lake front and lake access properties is an antiquated argument which should not even be an issue. We are all equal residents with equal right on this lake. To suggest anything else is creating strife where there needn’t be any.
  7. There is no ‘problem’ with any resident on this lake who seeks to have their voice heard. Although the election committee is acting within legal bounds and in the best interest of the lake as agreed by those present at the November 5 meeting, if there is a ‘special interest group’ in the future who wishes to get involved in the lake, we should have provisions in place to allow them to do so in a civil manner.
  8. The authority and validity of the existing DLPOA officers can be called into question, as to be validated they would have had to have be reelected at the October 21 meeting. Further, some of the ‘acting officers’ were actually never elected. It is unclear whether the last-elected officers are actively participating in these most recent decisions and communications, or whether Bob Jones has been acting alone. In either case, the call to ‘let your officers run the lake’ is a sentiment we all share. In order to do this, we need to first elect trustees and officers.
  9. Our bylaws do not provide for a winter shut-down of the DLPOA.  Until bylaws are amended, a monthly meeting of the trustees is required throughout the year.

Hopefully this addresses and clarifies the points raised in the letter. I hope all who wish to participate and are able to, do so on December 8.

-Leslie Alore

20 thoughts on “Information in response to Nov 23 letter

  1. Where do you get a copy of the bylaws

  2. great information it is time for a change on the lake

  3. Thank you for your clear response. Will there be someone to offer your name at the meeting for the secretary task? Your current efforts on the web. I feel have been excellent.

  4. Hi Hank,

    I would like the opportunity to be considered for the position of secretary in order to continue to manage the website in a more official capacity. Unfortunately, I will be unable to attend the Dec 8 meeting as I will be traveling out of country on business, so I have provided my answers to your points below:

    a) their position of a cop on the lake AND why :: I personally voted in favor of the Marine Patrol as long as their presence would not be full-time because I think they were effective in creating awareness of lake safety, and I did not find they impeded my lake activity in any way. That said, the majority of residents voted against this, and I respect the view of that majority. I suggest we may be able to achieve a balance by offering safety classes and/or safety inspections at the beginning of the season to help ensure people understand boat safety and are adequately equipped.

    b) their fish stocking views :: As I do not fish, I do not have a strong view on this. I would defer to the other trustees and officers who partake in this activity more actively and are more knowledgeable.

    c) their water level plans and the total cost to us :: The water level situation certainly is a concern, but unfortunately is not something which is within the purview of the DLPOA. It is my understanding that the Duck Lake water levels impact the levels of many other local bodies of water and as such controls of these levels are managed by the Oakland County WRC. Of course, we can raise issues of concern related to lake levels on Duck Lake through our citizens rep on the the Lake Improvement Board, but we cannot control their decisions. Bob Jones will remain the citizens rep as his term endures beyond that of the DLPOA officer positions. The officers would work with Bob to ensure the concerns of the DLPOA members are raised to the county and communicate back to the residents.

    d) As an “on lake”resident, I pay more taxes, will I have less of a vote? :: All DLPOA residents have equal voting rights. The tax assessments and variances across the properties of the DLPOA have no bearing on this.

    e) what is their views on opening Duck Lake to public access :: I am avidly against opening up the lake to public access. My husband and I specifically chose Duck Lake because it does not have public access. At this time I do not know what the realistic risk is of this occurring, but the officers and trustees should do the due -diligence to understand this risk and how it can be prevented.

    f) if we do dredging who pays more, me or the off lake homes? :: A project of this magnitude which impacts the lake infrastructure would very likely not be within the independent purview of the DLPOA. If such a project were approved, the cost would very likely be assessed through our taxes and the county would determine the property assessment variances. I would suppose the variance would be similar in nature to the current assessments, with a greater portion charged to lake front properties, but I cannot be sure.

    Please keep in mind that the officers are elected by the trustees, and each resident is only able to vote for the trustee in their district, so it’s most important that you seek these answers from your district trustee, or you can of course run for trustee of your district yourself 🙂

    • I hope you have someone to nominate you for secretary. I think you have done a great job under difficult conditions.

    • Leslie,

      You’ve earned my vote with your good work on the website and your clear explanations of DLPOA issues. Do you have time to add to the website the map showing the various DLPOA districts ? Could possibly avoid confusion at the Dec 8 meeting.

      • Jeff,

        Can view the DLPOA districts by clicking the linked text under announcements; Notice of Dec 8 Special Meeting to Elect DLPOA Trustees. You can click on the words “regions are established around the lake” or at the end of the agenda click “view map of regions” . We will be having people sign in for the meeting and at that time we will let them know which district they are in. Since this map is not done well, we have made a new one based on information we were able to find. from this map and previous trustees addresses. You fall under District 12. If you would you be interested in being a trustee for your district we have not heard of anyone interested yet from your district.

      • Based on Leslie’s recent tenure with Bob. I think she has the best qualifications for our Assoc. in the near future.

      • Hi Jeff,

        Thanks for your support. The map can be found here, but to Mike’s point it is a bit hard to read in some areas so the election committee is preparing to provide the district for each person that checks in at the election meeting.

        Best,
        Leslie

  5. At the Dec. 8th meeting. I would like those who are willing to serve as trustees or board member’s to answer some questions before the vote for them occures.
    a) their position of a cop on the lake AND why.
    b) their fish stocking views.
    c) their water level plans and the total cost to us.
    d) As an “on lake”resident, I pay more taxes, will I have less of a vote?
    e) what is their views on opening Duck Lake to public access.
    f) if we do dredging who pays more, me or the off lake homes?

    I will be at the meeting to ask these questions or I would like to see a handout from each with answers to my questions.

    • Hank

      I am glad you have questions and are going to be attending the meeting on Dec. 8th. I too am looking to be at least a trustee, but would like to run for one of the 2 Vice President positions our current bylaws spell out. As for your questions there is not always a cut and dry answer but I will give you my best answers as to my position.

      A.) As for the Sheriff on the lake I have a couple of views on this topic.
      1.) This issue was done completely wrong. This should have been a vote by all members of the DLPOA not just members that regularly attend meetings. The entire 1140 homes should have been notified by mail of a special meeting to discuss the issue and bring it to a vote that gave everyone an opportunity to voice there opinion. With that said they if the members were notified and did not show up to the meeting that would mean they would not get a voice per our bylaws. Once the vote is done then the majority would win, but all members would have had a chance to speak.
      2.) I am not for or against a sheriff on our lake, but would listen to the members of the lake and support the majority. I personally feel the sheriff was ineffective this past summer. I live just in side the slow no wake and I continually have to yell at boaters to slow down when in the slow no wake. The times that the Sheriff was on the lake was also an issue as they were not present during the hours the traffic on the lake was heaviest.
      3.) I would actually like to see education used rather then a sheriff. Providing opportunities for everyone to learn proper boating skills is the key. I would like to see boater safety classes offered, preseason check for safety gear and would also look for other meaning full ways to keep our lake safe.

      B.) Fish Stocking- think it is important for us to maintain a balanced ecosystem in our lake. I would not be an expert in this but would try to find members of our lake who are interested in helping which I already know of a few, and appoint them as a committee to make sure this happens.

      C.) Again this issue is not an issue as Bob has made it out to be. Per Michigan Law our lake is required to be at a certain level. This is done through the well. The feed between Duck and White Lake only provides for flow between the 2 lakes. Meaning if White lake is high they can let water flow to Duck and if Duck is high let water flow to White lake. They can also stop flow as they did this year for the dredging project on White Lake. This was done to keep silt out of our lake. This will be fixed by the Duck Lake Board which is funded by our taxes and will also result in a tax assessment. Higher if you are water front and lower if a back lot owner. This done by them sending out the project to bid to 3 contractors and most likely the lowest bidder winning and completing the project. This cost is then divided by lake and back lot owners as I mention earlier.

      D.) We all pay taxes and all get equal rights. This is and should be because if you allow for others to have more vote because of money you are allowing for votes to be bought this goes against the democracy we live in and how the bylaw were set up. You will get one vote and one vote only as every 1140 homes.

      E.) Public Access is another issue many people do not under stand. In the state of Michigan all bodies of water other then retention ponds and man made lakes on private property are actually available for everyone to use. What makes a lake public is a place or launch that the public can access. All of Duck lake front is privately owned therefore making it Private. This will only change if a property is sold to the state or if we had a road that people could launch from. I do not want our lake to go public and will help to fight it going public when a need arises.

      F.) Dredging is an issue I thing many people are for and against. I think it is necessary for us to keep our water ways open for all boats on our lake. This means some areas could use some dredging but this cost is very high. I would recommend a fund raising campaign and research to make sure the eco impact is minimal. This would require a committee and would take multiple years. As far as the cost these are things the committee would have to look into and advise for voting by all members of the lake by a special meeting with notification mailed out to all 1140 homes.

      I know this is a very long response but I hope it helps you see what I would like to see done. My biggest issue is transparency and equal rights to all who have access to Duck Lake. I hope if you feel the same way you vote for me as a trustee if you fall into my district or if you yourself are voted a trustee cast a vote for me as Vice President. It is time we move forward and continue to make the lake what it is today and even better in the future.

      Michael Tierney

      • Thank you for your prompt and clear response. I do disagree with you on the value of the marine police. They were docked at my house this past summer. Upon their return to my dock and when I could question the them on what they accomplished, I saw benefit. Also as the summer progressed, they were afforded the flexibility to adjust their hours to be more effective.
        How will I know which Region I to vote in? Will a map be available or do I have this info and don’t realize it?

      • Hank,

        As I mentioned my opinion is just that, but as I said I want to make sure all voices are heard and let the masses make the choice on large items like the Marine Patrol. In this case if I was your turstee or even your Vice President I would help you tell your side and even form a committee that can be presented to the Lake. As for your district you vote in; You are in district 11. I know this for sure as we are in the same district, as we live on the same street.
        I also want to reach out to you as it sounds like you have been active in the DLPOA for a while, we need everyone to show up to this meeting. I promise you we want this to be a fair election, but some of the snow birds may not make this meeting which is unfortunate. Our goal as the election committee is to get a properly elected board in place to get us back to our roots. Then in October another election would be held as required. This would then bring things current and we can really get the boards moving on the issues you asked about. So I ask if you are in favor or against our election to use your vote and get your neighbors to the meeting to cast their vote. This will start the ball for a fair and transparent lake board. See you on Dec. 8

      • Yes we will have maps also.

  6. Great job Leslie