Minutes of Board Meeting of the Lovejoy Shores Association-March 27, 2024
Website: https//:www.lovejoyshores.com
Attendees:
Belinda Bothwick-President
Cheryl Bryant-Board Member via Phone
Joan Cook-Board Member
Chris Teitelbaum-Board Member/3-27 Meeting Secretary
Lou Sandmaier-Board Member
Theresa Petersen-Board Member (not in attendance)
John Churchill – Board Member
Meeting was opened by President Belinda Bothwick:
Belinda requested discussion start with Agenda Item II – Tree Removal at Beach
Agenda Item II – Tree Removal at Beach
• Review of Estimates
• Board Authorization vs. Special Member Meeting
• Plan Details
• Trees at Boat Launch
Background: As a result of winter storms and deterioration of trees at the LSA Association Beach 11 trees had been identified for removal and 2 oak trees require limbs to be cut (referred to as Beach Tree Work). Belinda has been in contact with Brian @ Pro Tree Service and a written quote of $2500 was provided to perform Beach Tree Work initially under the assumption that the ground would remain frozen and would only require high work to be done from bucket. As of 3/27/24 ground has thawed and Brian @ Pro Tree still agrees to $2500 quote to perform Beach Tree Work and will only use bucket for high work needed. John contacted Matt Davenport who also provided a verbal quote for Beach Tree Work totaling $3500. Some questions arose about alignment of the quotes but it was stipulated that for the discussion we believe both Brian and Matt were quoting on the same set of work. Belinda also met with Greg from Pinnacle Tree, who gave a verbal estimate of $6000 - 7000 for the same work.
1st Discussion: Board reviewed supporting the Beach Tree Work to be completed. Cheryl, Joan, Lou, Chris in support of proceeding to complete Beach Tree Work. John not in alignment w/o vote at Annual Meeting and suggested additional assessment to identify urgent trees requiring immediate removal/trimming and a vote and release of approx. $500 to complete urgent work with a hold on $2500 until LSA General Membership convene and vote on remaining Beach Tree Work identified in the quote from Brian @ Pro Tree. It was noted that by waiting for a member vote at the next annual meeting, that would imply that the Board was trusting that none of the other identified trees would create any risk to beach users in the interim, and that there was a comfort level with having the annual meeting at the beach.
· 1st Motion called by Chris/2nd Cheryl: Spend $2500 to complete Beach Tree Work by Brian @ Pro Tree as soon as reasonably possible
· Motion seconded and passed (4 Yes / 1 No)
· 2nd Motion called by Chris/2nd Joan: To call special meeting with membership to vote on releasing $2500 for Beach Tree Work.
· Motion seconded and passed (4 Yes / 1 No)
· 3rd Motion called by John/2nd Cheryl: To withdraw 1st Motion to spend $2500 to complete Beach Tree Work by Brian @ Pro Tree as soon as reasonably possible.
· Motion seconded and passed (4 Yes / 1 No)
· 4th Motion called by John/2nd Cheryl: To recommend to the general membership the expenditure of $2500.00 to perform Beach Tree Work and have Special meeting of LSA Membership to vote.
· Motion seconded and passed (4 Yes / 1 No)
Action: Belinda to call for Special Member Meeting per the 5 day advanced notification Bylaw and conduct meeting on April 13, 2024 @ 2pm – Location: LSA Launch
2nd Discussion: Belinda discussed Boat Launch Trees. Over the winter a large limb from a tree near the boat launch impacted the residence and property of Greg DeLapp, not a LSA Member.
Action: John was requested to assess safety of trees around LSA Boat Launch and provide report at next meeting of the Board.
Agenda Item III - Detailed Plan for New Boat Launch Procedure
Background: During December 5, 2023 Board Meeting an update to the Boat Launch process was voted and approved. This process change would be for Non-key holders for the boat launch.
Discussion: Chris noted that such a change as of April 2024 with no reasonable advanced warning to Non-key holders that live on Lovejoy Pond would not be prudent and not in the spirit of the long standing process that has been in place for over 25 years allowing non-LSA residents of Lovejoy Pond to put boats in during launch open periods. There was no concern about charging a $30 fee. Other discussions touched on LSA not controlling 100% of Lovejoy Pond access and would it be in the best interest of the LSA to attempt or be able to govern such a process. Belinda noted that the LPIA has a listing of email/mailing addresses for most of the lake residents and it would be easy to notify everyone affected by the policy change now. Belinda voiced concerns around invasive species and the potential risks posed around uncontrolled boat traffic into Lovejoy Pond. Belinda also noted that with the lack of a process, invasive species that have been found in surrounding ponds and lakes could make their way to Lovejoy Pond. John discussed previous long past discussions around not closing launch at all and connection between 30 Mile Watershed and continuous movement of water and plant material throughout the system.
· 1st Motion called by Chris/2nd Joan: To postpone the ramp process change for Non-key holders for 12 months from 3/27/24.
· Motion seconded and passed (5 Yes / 0 No)
· 2nd Motion called by Chris/2nd Joan: Established New Launch Process for Non-key holders and communicate to Non-key holders by reasonable means by Oct 2024 with implemented process by Apr 2025.
· Motion seconded and passed (4 Yes / 1 No)
Action: Belinda to provide process for Non-key holders from other comparable ponds/lakes in the area and review with LSA Board.
No changes to access of launch will be made.
Agenda Item I – Administration
Open Positions
· Secretary
· Board Member
Discussion: The Secretary and 1 Board Member positions are open. These roles are critical to the continued operation and governance of the LSA Board and Leadership. One person has expressed interest and discussions with potential candidates will continue. The application form for Board positions doesn’t yet apply to officer positions.
Action: If candidates are identified, potential votes can be conducted at special meeting on April 13, 2024 or Annual Membership meeting.
Meeting Protocol
Discussion: Board reviewed the suggested protocol for meetings to ensure we deliver for the LSA Membership. Cheryl voiced the need to conduct the meetings in an organized respectful manner and that Board should be aligned on topics prior to the General Membership meetings. Chris asked to support Belinda during LSA General Membership meeting where needed to ensure we follow Roberts Rules and conduct meeting appropriately.
● 1st Motion called by Chris/2nd Cheryl: Distribute the Meeting Protocol the LSA General Membership.
● Motion seconded and voted down (1 Yes / 4 No)
Action: No action needed. Board is asked to use the Meeting Protocol during meetings and all agree.
Agenda Item IV – Schedule for Next meetings
Special Meeting – April 13, 2024 @ LSA Boat Launch 2pm
Board Meeting (4 hrs.) – To Work on Bylaws to be called
Discussion: John and Lou re-visited outstanding written responses from Attorney Dennison that have yet to be provided. Belinda to work to close out any outstanding written responses needed from Attorney on the 14 questions submitted. To date LSA has spent $150 dollars to Attorney Dennison against a total approved amount of $750. General discussion around Bylaw work not proceeding or being brought in front of LSA Membership until written responses received and reviewed with LSA Board.
● 1st Motion called by John/2nd Joan: To table Bylaw discussion until Board receives written responses to questions from Attorney Dennison.
● Motion seconded and passed (5 Yes / 0 No)
Adjournment
● 1st Motion called by Chris/2nd Joan: To adjourn 3/27/24 LSA Board Meeting
● Motion seconded and passed (5 Yes / 0 No)
Meeting adjourned at 9:04pm
Minutes of Board Meeting of the Lovejoy Shores Association-December 5, 2023
Website: https//:www.lovejoyshores.com
Attendees:
1. Belinda Bothwick-President
2. Anne Schaad-Vice President
3. Jennifer Dumond-Secretary
4. Cheryl Bryant-Board Member
5. Joan Cook-Board Member
6. Chris Teitelbaum-Board Member
7. Lou Sandmaier-Board Member
8. Theresa Petersen-Board Member (via phone)
9. Heather Peel-Board Member
10. Jim Favreau-Observer
Meeting was opened by President Belinda Bothwick:
Belinda-Wants to start the meeting with discussion regarding lake quality as there was Swollen
Bladderwort found in Tilton Pond. The town owns the boat launch on Tilton and chained off the launch
area. Thirty Mile River Watershed Association folks did another investigation and found the spread is
more extensive than originally thought. As a result, Belinda asked Anne to chain the boat launch until we
know how to deal with it.
Cheryl expressed her concerns about non LSA members fishing and parking at the boat launch.
Belinda- proposed that we lock the boat launch when the ice is out and unlock when the ice is in.
Belinda suggests we do what is done on Parker Pond. They announce when they will have someone
available at the launch and people not in their Association must set up appointments to launch boats.
The boats are inspected at that time. There is a charge of $30 for putting boats in, and $30 again when
taking them out. The funding would partially be donated to an organization like 30 Mile River or LPIA.
Theresa agrees with the recommendation to lock gates and suggests asking Thirty Mile River if they
could have boat inspectors on site on the days we are letting people in.
ACTION: Lou-Will notify the fire department that the gate will be locked. (Notified Fire Chief Marty Maxwell)
ACTION: Anne- Will call the town and road crews to make sure they have a key.
Discussions:
Cheryl, Joan, Lou, Chris, Theresa and Anne discussed the different options to handle the boat launch
logistics. Possible Options for Non-key holders for the boat launch:
1. Post designated contacts for people to call/contact to open the launch gate for putting boats in
and taking them out. The designated contact would inspect the boat for Swollen Bladderwort
and other invasives - This brought up concerns of receiving many calls per season to open the
launch.
2. Designated shifts at specific times for members to assist with locking and unlocking the gate to
put boats in and out. This would need to incorporate holidays and could be communicated with
a sign. Cheryl suggested that different people be on call for certain weeks. Theresa suggested
making a rotation list.
3. Lou proposed two day staffed openings of the gate (from 8am-5pm) the weekend before
Memorial Day weekend and again on Labor Day weekend to accommodate the times when
most people are looking to get their boats in.
After discussions about the timing, it is agreed that the best option would be to drop the gate
the Saturday and Sunday before Memorial Day weekend, and on the Saturday of Memorial Day
weekend. Then the gate goes back up until the Saturday of Labor Day weekend and the Saturday
and Sunday the weekend after Labor Day weekend. Members agreeing to take shifts included
Chris T and Lou S, with other Board members agreeing that they would assist as available.
● Motion: That a fee is charged for boats being launched for non-association members,
and that the limited gate opening around holidays discussed above be adopted
● Motion seconded and passed
A thirty dollar fee will be charged for boats being launched for non-Association members. No fee
will be charged when boats are removed from the lake. Of the thirty dollars, twenty dollars
would go to the Association and ten dollars will be donated to Thirty Mile River Watershed
Association
Proxy Voting:
Lou-asked why we need a signed proxy before annual meetings.
Belinda-explained that it is state law for proxy voting for nonprofit corporations.
ACTION: Heather will look into a free DocuSign function for proxy to add to our website.
ACTION: Belinda will ask Attorney Mary Denison if an email authorization can be used for a
proxy.
Discretionary Funds:
Lou-Suggested $250 per year, rather than per quarter (as proposed in the new bylaws) for
discretionary funds available to the President.
Belinda-Proposed that we have a separate board meeting to go through this, as well as all the
other proposed bylaw changes, and will make note of the $250 per year suggestion. Tabled for
future board meeting.
Association Voting:
Belinda- The proposed bylaws call for a change in the process for voting at annual meetings,
from a show of hands to a written ballot. Current Association officers and board members must
put in their names annually, along with anyone who is interested in holding an office.
Association members will be notified three weeks ahead of the meeting and a form will be
provided to all interested parties. Ballots will be drawn up by the Vice President in advance of
the meeting, and there will be a space for write-in votes. Ballots will be counted at the annual
meeting by an impartial attendee who is not running for office.
Procedural Guidelines for Meetings and Communications:
Belinda asked if we should have guidelines for member meetings, noting that the last three
meetings (including the special meeting) had elements of interruption, disrespect for others’
work, and other disruptive behaviors that were discouraging members from attending meetings.
Joan- suggested a disclaimer at the beginning of the annual meetings about appropriate
etiquette/cross talk etc.
ACTION: Joan will write something up and she suggested that someone other than Belinda
deliver the disclaimer at the meetings.
Board Involvement and Composition:
Welcome and a big Thank You to our newest Board member, Joan Cook.
Lou-Suggested we have more coordination among board members and the Bylaw Committee.
Cheryl- Agreed we need to try to get everyone onboard and on the same page. Also suggested
strongly that when the Board meets to review the proposed bylaw changes members of the
Bylaw Committee be included in the meeting.
Belinda-Encouraged a more active role for the Board, and agreed that Board support for the
bylaw proposals is essential. Belinda stated that the presentation of the proposed bylaw
changes in their entirety for a vote at the special meeting was a strategic error. She suggested
that at the next vote, the changes be presented individually and voted upon that way.
Heather Peel tendered her resignation from the Board, and it was regretfully accepted, with
much gratitude for her service to the Association. Heather stated that she is willing to continue
to support Association communications, including the web and Facebook pages, which is also
much appreciated.
JIm Favreau was in attendance to get a feel for the Board as he considers running for the
position opened up by Heather’s resignation. He asked for more time to think about it.
Note: in a later conversation with Belinda, Jim declined joining the Board at this time due to
work and family commitments, but is open to reconsidering in the summer.
Items in the Pipeline:
Belinda discussed some changes coming soon:
● State housing legislation is requiring compliance by Fayette by July 1, 2024. Fayette’s
Land Use Ordinance Committee is drafting new ordinances to comply with the law.
Fayette must allow additional dwellings on lots, both additional residences (depending
upon the land use zone), and Accessory Dwelling Units (ADU’s).
● This new legislation won’t affect properties in Lovejoy Shores Association because
deeded covenants take precedence over the law, and our covenants state that only one
residence or dwelling can be built per lot.
● Fayette is also drafting a separate Short Term Rental Ordinance, proposing that licensing
will be required, and other ordinances are being updated.
● All of these proposed ordinances will be voted on at Town Meeting in June.
A Board meeting will be held in March to:
● Review proposed Association bylaw changes
● Develop a communication plan for new boat launch changes
Meeting Adjourned.
Minutes of the Annual Meeting of the Lovejoy Shores Association
August 12, 2023
Website: https:// lovejoyshores.com
Attendees:
1. Richard Bryant
2. Julian Dixon (Chris Teitelbaum proxy)
3. Lou Sandmaier
4. Gary Lemore
5. Dawn Lemore
6. Barbara Chisholm
7. Lesley Blanchette
8. Jenni Schneider
9. Jim Favreau
10. Ted Wirth
11. Nannette Wirth
12. Gene Mathews
13. Cheryl Wilkins
Shuttleworth
14. Theresa Petersen
15. Mark Robinson
16. John Churchill
17. Ruth Ann Mitchell
18. Jean Kassel
19. Margaret Bartel
20. Whitney Higgins
21. Rebecca Greenberg
22. Joan Cook
23. Ann Schaad
24. Belinda Bothwick
The meeting was opened by President Belinda Bothwick with welcomes and introductions.
Belinda commented on how gratified she is that so many community members are willing to pitch in and
help with Association tasks. This not only creates a wonderful neighborhood, but also saves the
Association significant money and keeps our dues down. A long list of specific acknowledgments can be
found on the Association website. Belinda also acknowledged the recent death of member Sarah
Aronson, who at age 92 had been the oldest resident in Fayette.
Belinda then said she was starting a new “tradition” of selecting three individuals for special recognition
at each meeting. This time recognition was given to Vice President Anne Schaad for her former service
as Association President for nine years, and her continuing service as VP now. John Churchill was
recognized for his lengthy service on the Board of Directors and the many major maintenance projects
he undertakes. Lou Sandmaier was recognized for the dock at the launch area, our communication kiosk
installation, and stepping up to fill the role of Facebook moderator and website administrator.
Belinda announced that Vice president Ann Schaad would act as Roberts’ Rules of Order moderator and
reminded folks to wait their turn to speak. If dues are current, then attendees are allowed one vote per
household.
President’s Report:
Association property and member responsibilities:
There are seven pieces of property owned by the Association, including the beach, boat launch, and Me
Too Island. Of the remaining four pieces, one on Cove road has water access (but has a large component
of wetlands), and one is a large forested parcel by the “s” curve near Sunset Rd. Members might want to
consider uses for these parcels.
The original developers established covenants in our deeds in order to maintain the character of this
development, protect the common properties and the environment, and maintain property values.
These deed covenants are legally binding and are enforceable by other deed holders (property owners).
The Association has no enforcement role with regard to covenants, but is responsible for adherence to
the Association bylaws. As President, I inform realtors and potential new owners of both the Bylaws and
the covenants, and make sure they have copies of both.
Rights of Way:
The Lovejoy Shores Development Corporation plan was accepted by the Town of Fayette in 1962, and is
registered in the Kennebec County registry of deeds. The roads on that plan, whether developed or not,
are available for the use of all members as rights-of-way (ROW). Because of issues that arose regarding
the Cove Road ROW, both the developed and undeveloped portions of the ROW were surveyed, in
conjunction with surveys of private properties paid for by the property owners. Thanks go to Theresa
and John Petersen for paying for the balance of the ROW survey that was not part of the private
landowner surveys. The surveyor’s plan which delineates the Cove Road ROW has been filed with the
Kennebec County registry of deeds.
Vice President’s Report:
Ann asks that dog’s excrement be tended to. She asks that we observe the speed limit. She also
mentioned butts, cans, and bottles on the road. Last year’s notes are posted to the Lovejoy Shores
Association website as well as on the beach notice board. The website currently has no push
notifications, but it would be helpful if that could be added.
Note: Our website creator, Heather Peel (thank you Heather!), says that it’s not possible to create push
notifications for the website. However, individuals can activate push notifications for their accounts on
the Association Facebook group page.
Secretary’s Report:
Much gratitude to Joan Cook for filling in at last year’s meeting due to the vacancy in the Secretary
position, and many thanks to Jen Dumond for agreeing to serve as our new Association Secretary. Last
year’s notes are posted on the website and on the information kiosk.
Treasurer’s report: (contact treasurer for a copy of the report)
MOTION to approve the Treasurer’s report- Seconded and Approved.
Old Business:
Bylaw Committee Report – Richard Bryant
President Belinda Bothwick sent a draft copy of the proposed bylaws to Attorney Mary Denison of Lake
& Denison in Winthrop for review and comment on the legality of proposed changes. We will hold a
meeting to vote on the proposed changes before the summer’s end. The current bylaws and the new
proposed bylaws are posted on the website: https:// lovejoyshores.com. Please study and compare the
changes before the special meeting and send any questions or suggestions to Richard at
richard@eightsquare.com. There are no significant policy changes. The changes make the language
more friendly. The last update was in 2014 and this proposal addresses the need for clarification and
reorganization.
Some of the policy changes include:
● 2104 had no provisions for board meetings; the new bylaws include two yearly meetings in
addition to the annual meeting.
● How membership is defined has been changed; the new bylaws provide clarity around who is a
member in good standing and allowed to vote.
Richard read the new language for membership and urged all to read the proposal and respond to the
committee members. Attorney’s feedback will be on the website. The meeting to vote on the bylaws will
be in 2 weeks (before Labor Day).
Questions and Discussion
Article II, A- Right of Way-property you can walk on but don’t own- Volunteers needed to clear/maintain
the Rights of Way. ROWs need to be Protected. All ROWs in the Association are accessible. Rebecca
Greenberg asked about ROW near her property.
The proposed bylaws have no provision for spending money, we cannot spend without a vote by
membership. Richard urged that attendees suggest language for spending money. Discussion was had
around constraints on spending money.
Belinda expressed gratitude on behalf of everyone for Committee members Don Conti, Theresa
Petersen and Richard Bryant’s long hours and hard work on this. A lot of research was done and much
thought was given to how to best consolidate concepts and clarify language.
Pillar Committee Report – Dawn Lemore
Committee members Cheryl Bryant, Clara Jean Howard, Craig Clark, and Don and Gary Lemore checked
with the Maine Department of Transportation. The pillars are more than 33 feet from the center of
route 17 [the road], and consequently are not in the state right of way. The Town of Fayette will assume
no responsibility for them, leaving the Association with sole responsibility for maintaining them.
Next Step is to remove rock facing and check the condition of the concrete blocks under the facing. The
two tops are cracked and leaking. The land under the pillar corner nearest the overflow pond is totally
eroded. We could auction the rocks to Association members or use them at the beach. The committee is
looking for options, and a budget to proceed with the next steps.
Discussion:
John Churchill argued that the Association doesn’t own the pillars, but that they are owned by the
abutting landowners, and the Association should not expend any money for assessment or repairs. He
volunteered to put together a group of volunteers outside the purview of the Association to raise money
for repairs. He felt strongly that enough people value the pillars as an Association landmark that it would
be easy to raise sufficient funding. Jean Kassel said that no stones should be removed without mapping
their original location and offered to be in the volunteer group.
MOTION: To form a committee outside the Lovejoy Shores Association and ask Attorney Denison for an
opinion on ownership of the pillars. Once ownership is determined, obtain approval for repair or
replacement.
SECONDED & PASSED
● VOTE: 13 in favor, none opposed. Abstain not counted.
● ACTION: John will draft a letter for Attorney Denison and provide it to Belinda to send to
Attorney Dennison.
Thanks was expressed to the Pillar Committee for their initiative and hard work, Dawn expressed her
belief that, after the membership meeting discussion, there is no longer a role for the Pillar Committee,
and it will disband.
New Business:
Facebook Page– Lou Sandmaier
Our Facebook group page has been hacked twice in the past two weeks. Lou suggests that we make the
page private, and only those with Facebook accounts can join the LSA page. We will still have the
website: https:// lovejoyshores.com for Association business.
● MOTION: To make the LSA Facebook page private and open to all landowners (no need to be in
good standing).
● SECONDED & PASSED
● VOTE: 11 in favor, none opposed.
Right of Way mapping
Belinda asked for a show of hands to indicate if there is any interest in surveying the Rights of Way and
marking them physically to identify where to walk.
● VOTE: 15 in favor, 1 opposed
ACTION: (No action suggested at this time.)
Trampoline Float
An Association member has volunteered to buy a bounce float for the beach. During discussion, the
issue of liability was raised.
ACTION: Belinda will discuss potential liability with our insurer.
Community Activity: Not much interest was expressed in any organized activities for Association
members.
Association News: There has been evidence of a young bear in the neighborhood.
Town-wide Broadband Update – Mark Robinson
Matrix, the company which won the grant for installing broadband throughout Fayette, needed 50% of
Fayette residents to complete a survey indicating that they would sign up for Matrix service in order for
Matrix to qualify for the maximum grant amount, and minimize costs to residents. Indicating an
intention to sign up did not create an obligation to do so. Matrix recently achieved the 50% goal, and
can start the process of cabling Fayette, with an expected completion by the end of 2024. There will be
no installation fee for those who signed up through the survey.
Lovejoy Pond Improvement Association – Barbara Chisholm
● Provides buoys to mark obstacles and 200 foot headway speed areas on our lake
● Provides volunteers to work with 30 Mile River group, who monitors Lovejoy Pond water quality 8 times a year
● The water quality reports can be reviewed on 30 Mile River Watershed website: https://30mileriver.org/lovejoy-pond/
● Provides volunteers to monitor invasive species and for the annual loon count
● LPIA represents us at the state level
● There are currently only 23 members. It is $30 a year to join. Barbara provided membership forms for those who were interested.
Sarah Aronson Memorial Bench
There was an offer by Jean Kassel to provide a memorial bench in honor of Sarah Aronson, to be placed
by the road at the beach. A show of hands by members indicated approval, and John Churchill offered
to provide the landscaping around the bench once it was installed.
ELECTION Of OFFICERS and BOARD MEMBERS:
Current Officer names were read individually and voted upon. All of the following were approved for the
coming year with no opposition.
● President: Belinda Bothwick
● Vice President: Anne Schaad
● Secretary: Jen Dumond
● Treasurer: Phil (Woody) Blanchette
● Clerk: Lesley Blanchette
There were two vacancies to be filled on the Board. Two candidates, Chris Teitelbaum and Joan Cook,
had filled out and returned their Board Vacancy forms prior to the meeting. Vice President Anne Schaad
read the (impressive) information on skills and motivation provided from the forms, and solicited any
additional interest from the members present. Rebecca Greenberg expressed a desire to serve on the
Board, and Joan Cook deferred to Rebecca, removing her candidacy.
Candidate names were read and voted upon individually, resulting in the following approved Board
members:
● Cheryl Bryant
● John Churchill
● Rebecca Greenberg (new) Joan Cook to fill vacancy.
● Heather Peel
● Theresa Petersen
● Lou Sandmaier
● Chris Teitelbaum (new)
This meeting adjourned at 5:23pm
Minutes of the Special Bylaw Voting Meeting of the Lovejoy Shores Association
August 26, 2023
Website: https:// lovejoyshores.com
Meeting was being audio recorded, no objections.
Attendees:
1. Christian Peel
2. Heather Peel
3. Margaret Bartel
4. Ted Wirth
5. Nannette Wirth
6. Chris Teitelbaum
7. John Churchill
8. Jim Favreau
9. Barbara Chisholm
10. Gary Lemore
11. Douglas Cundy
12. Rene Nickerson
13. Theresa Petersen
14. Joan Cook
15. Dawn Lemore
16. Tim Reeves
17. Rebecca Greenberg
18. David Keyes
19. Karen Keyes
20. Mike Delisle
21. Leah Delisle
22. Richard Bryant
23. Jennifer Dumond
24. Russ Dumond
25. Anne Schaad
26. Belinda Bothwick
The meeting was opened by President Belinda Bothwick with welcomes and introductions.
Belinda thanked everyone for attending the meeting and for their interest in the Bylaw changes.
Belinda then discussed the history behind the Bylaw changes. Two years ago, when discussing with
attorney Mary Denison, she suggested that updates be made to the existing Bylaws since they have not
been updated since 2014. She pointed out there was some overlap and redundancy in the existing
Bylaws that could use some clarity/cleanup. In 2022 the Bylaw committee was formed consisting of
Richard Bryant, Theresa Petersen and Don Conti. The committee researched the history and Maine laws,
took suggestions from Association members, as well as incorporated Attorney Denison’s comments and
produced a proposed draft of changes.
The proposed draft was emailed, and snail mailed to the Association members on August 13, 2023 with
a letter summarizing the proposed changes. Members were asked to review both the current Bylaws
and the proposed Bylaws, which were both posted to the website: https:// lovejoyshores.com. The
committee then fielded input from members, consolidated the input, and incorporated the changes it
felt appropriate. This resulted in the document posted on the website as well as emailed on August
25th, and also provided at the meeting. In this document attorney changes/input is highlighted in
yellow; committee deletions are in green, and committee additions are in red.
Many members did not feel that there was enough time to review the revisions. However, the Bylaw
vote meeting was scheduled before the end of the summer so that the seasonal members would have
an opportunity to attend and vote. Belinda explained that we do have the option to postpone the vote if
needed.
Belinda announced that Vice president Anne Schaad would act as Roberts’ Rules of Order moderator
and reminded folks to wait their turn to speak. If dues are current, then attendees are allowed one vote
per household. Belinda clarified that the vote is by simple majority. Chris Teitelbaum indicated he had a
proxy for Lou Sandmaier, and Mike DeLisle had a verbal proxy, but Belinda explained it must be in
writing.
● MOTION: to take a vote to accept the new Bylaws
● MOTION SECONDED
Discussion:
David Keyes asked if the Motion is to accept the proposed Bylaws as written and amended and Belinda
explained that this is the motion and is open to discussion. A hard copy was handed out to members for
the meeting, the items highlighted in Green will be omitted, and the items in red will be added.
Barbara Chisholm asked for clarification of why there is an apparent change to the existing bylaw stating
that the secretary/clerk is one position, instead of the proposal that there be both a secretary and clerk.
Belinda explained that there have always been two separate positions/people and that for clarity
purposes it be updated in the amended Bylaws. Theresa Petersen added that the clerk needs to be a
resident of the state. John Churchill added that the clerk needs to handle corporate registry.
Chris Peel had a question regarding the Rights of Way and asked if the intention was to change the
current paper streets into public ways. Belinda explained that there is no intention to change them into
anything other than what they currently are, and it is her understanding that all members here have the
right to utilize the streets that were on the original development plan. Chris disagreed and states that
the streets in the original plans had 20 years to be built out or those streets become paper streets and
are only to be used by the landowner and not public access. Chris states that he has 8 member deeds
that go back to 1965. VP Ann Schaad asked for Chris to provide copies of those deeds, and he agreed.
There were further comments regarding the history of the development. Chris suggested another bylaw
change that should be considered is how we let someone build on a third of an acre and still protect the
lake. Belinda explained that the town has accepted the development plan and considers these lots as
legitimate buildable non-conforming lots. This is not something that the Association has any control
over. Chris replied with comments regarding the lake quality deterioration because of the haphazard
development. Belinda asked Chris that, if he has information counter to her understanding, that he
provides that.
John Churchill commented that according to Attorney Denison it was very clear that the Association
cannot change or dictate what landowners can and cannot do on their own land. The Association’s job is
to own and maintain the common properties. Belinda clarified that Attorney Denison said that the
Association has no jurisdiction over the deeded covenants; only other deed holders can bring action
against an owner who is not following a covenant or covenants. While the Association cannot enforce
the covenants, it can make them clearly known and have our attorney notify an owner who is
contravening a covenant .
Heather Peel reiterated what Chris said regarding the town zoning ordinance on building lots requiring
two acres, and also asked for clarification on the language of how we should interpret the “Use of all
members for Rights of Way ” She wants to know how we interpret based on the various types of roads.
Belinda explained the Right of Way (ROW) language is still in the Bylaws but was moved to its own
section within the document because there was a concern that the Association should not spend any
money on clearing or maintaining the ROWs, but all should be done through volunteer efforts.
Rebecca Greenberg commented that when she purchased her property she worked with Attorney
Denison regarding her ROW, and she confirmed that anything that is listed as a common ROW is and
should be available to all in the Association to walk/drive/hike for all to enjoy. Total access should be
allowed and cannot be built on.
John Churchill commented that he wants to clarify “paper streets”; per John a paper street is clearly
defined in Maine state law. There are no paper streets in the town of Fayette. There was never in the
subdivision process defined ownership of the streets. The “roads” in between lots have never been
determined to be paper streets. No one owns the underlying fee so it is part of the subdivision, and
everyone can use it.
Belinda noted that the town of Fayette took over Lovejoy Shores Drive via a town meeting vote. It is
now maintained by the town and available for public use by anyone.
The other types of “streets” are undefined, and anyone can use them, walk on them, etc., But the
landowner owns the underlying fee if their land/ROW is on both sides of the road.
Belinda explained that Attorney Denison is doing a write up for us on the different road types and
definition of ROWs. She is currently on vacation, so we won’t have that information immediately. She
did review and give input on the proposed Bylaws however, while she was on vacation, and we are
grateful for that.
John Churchill commented that he is quite confused on what is being added/omitted. The only thing he
is seeing that is significantly different is that members must have dues paid for five years to be a
member in good standing. He suggests that we postpone the vote on the new bylaws to let people
review and suggest changes.
Theresa Petersen states that the draft was posted over a week ago and the committee addressed all
comments and recommendations.
Belinda explained that the ROW language was not on the original bylaws but has now been added. She
pointed out that it is letter C on the document provided. She reiterated that Attorney Denison is writing
up a paragraph to clarify the definition of ROW, paper streets, public roads.
Belinda explained the covenants are still in the bylaws, although the language has been changed
because the Association has no rights to enforce the covenants. It is up to the private landowners to act
if there is someone contravening the deeded covenants. Or a group of landowners could act, but the
Association cannot. Attorney Denison suggested that we change the language that included the
covenants to be an informational statement and direction regarding the deed covenants. The original
document said, “No member shall” it now says “For informational purposes only-Original Deed
Covenants.”
Rebecca Greenberg commented on the need to get the legal definitions and legal clarification, as we all
have hypotheses but not necessarily facts. She stated that she had had numerous questions before the
meeting that Belinda clarified and answered, and that others had that same opportunity. She feels it is
really important for us to be a community with common goals and strongly encourages us to think about
how we want to be good neighbors and community members.
Belinda suggested we proceed with the motion to accept the bylaws. She asked if there is a motion to
make any amendment to the original motion to vote on accepting the Bylaws.
● MOTION: To defer voting until next August and maintain current Bylaws
● MOTION SECONDED
Discussion:
John Churchill wants to know why we are having an emergency meeting for this and how these changes
are going to impact us all for the next 12 months. He doesn’t understand the significance of doing this
now.
Theresa- states that this was something that they wanted to bring up at the annual meeting, but it was
getting too late and there were too many items to discuss. She further explained that these Bylaw
changes aren't about the committee, this is about the membership, and this has been available for three
weeks. Also, this isn’t an “emergency” meeting, but a designated Special Member Meeting, as outlined
in the existing Bylaws. If we wait until the next annual meeting, many needed changes won’t be in place
for that meeting.
VP-Ann Schaad has moved the question and therefore there is no further discussion.
Belinda asked if everyone is clear on what we are voting for.
Belinda explained that if this amendment fails, another motion can be made for another amendment to
the original motion.
Secretary -Jen Dumond-Repeated the current Motion on the table is to defer voting until next August
and maintain current Bylaws.
John Churchill asked a question about how a proxy works. Belinda explained that state law governing
nonprofits requires Proxy voting, so we are allowing it if in the form required, even though it is not
specifically included in our existing Bylaws. The proposed Bylaws do include the proxy provision .
● MOTION PASSED
● VOTE: 10 in favor, 7 opposed and 1 Abstain
Belinda thanked the Bylaw committee again for all their work.
● MOTION- To meet again in three months to vote on Bylaws changes.
● MOTION NOT SECONDED
● MOTION-Propose to adjourn this meeting.
● SECONDED and PASSED
Belinda asked who does not have access to the website and asked everyone how they would like to
receive updates and the best way to communicate. Group consensus was via email.
Sign in sheet handed out for the members still at the meeting.
Lovejoy Pond Improvement Association – Barbara Chisholm
Lake quality update: There has been an invasive bladderwort identified in surrounding lakes. A
suspicious plant was found in the pond in the Northwest cove. The plant has been sent off to be
evaluated. Barbara asks if you see anything suspicious that you scoop a piece and bring to her or
Theresa to identify.
Meeting adjourned -3:58 pm