October 26, 2013 Monthly Open Board Meeting

By Buz Whelan

meeting[1]    With a Town Hall Meeting scheduled for 11 am, this had to be a fast meeting. It was. President Alex Leslie called the meeting to order at 9:33am and after thanking those who turned out and expressing the hope that they would stay for the Town Hall to follow, he turned the floor over to Treasurer Earl Frank. Frank reported that overall, we are under budget by approximately 10%. He stated that administration was under by $18,000, maintenance by $32,000 and the Community Center by $30,000. On the down side the bar and grill are $15,000 over budget. He further stated that the GM was taking measures to stem the bleeding in that area.

GM Allen Roth reported that Fred Spot of Fred Spot Engineering Associates, with whom Emerald Lakes has a long relationship, would be retiring soon. With that known, he said that he has sent out RFPs (Requests for Proposals) to several firms to get specifications and cost estimates for the Pine Tree Lake dam valve repair. He also reported that the paving of the compactor is largely complete but must be given time to cure. He anticipates that it will reopen fully functional on November 5th.under-construction-sign-hi[1]

Under Committee Reports, it was noted that John Avrich has been elected chair of the Finance and Planning Committee, replacing David Pope who recently stepped down. Events Chairperson Stefania Johnson reported that her committee is working on a calendar of events for 2014/2015 and will be workshopping that at their next meeting, November 2nd. She also said there will be a Thanksgiving-style dinner held the Saturday prior to that holiday. Connie Simpson reported that she had been chosen as the new chair of CrimeWatch, lately referred to as the Neighborhood Watch Committee. She also passed out samples of a newly created form labeled “Eyes on Report.” Neighborhood watch  1[1]These will be available at the admin bldg, and it is promised that any filled out will be acted upon. (The Emerald Lakes Free Press will shortly publish an exemplar of the form). It was also noted that Joseph Olall has been elected chairperson of the Communications Committee. There was also a note by the president that there is the possibility that one chairperson, unspecified, is not a member of the association and that a letter of inquiry has been sent.

Old Business had just one item, Clause 15 Properties. These are properties within the boundaries of Emerald Lakes, but whose owners chose not to join the association when it was formed. Board Secretary Carmen Broadnax, assisted by member Pat Galderisi, is currently researching to determine exactly how many of these properties exist, which ones they are and what their current legal status is vis a vis obligations to or privileges allowed by the association. In other words, after the elapsing of time, must they pay for such things as lake use and do they owe any monies for services from which they benefit? The association attorney is researching this.

Under New Business the board approved the aforementioned chairpersons. They also corrected a mathematical error by upping the quarterly late fees to 10% from 2.5%. This matches the 10% late fees charged in other cases. They also passed a resolution that would pass swipe fees, the amount charged by the clearing house for credit card use, to the user, ensuring that the association receives full payment on dues, fines and late fees. Transactions at the Emerald Bar & Grill will be unaffected. Under this new policy, which had been recommended by the Finance and Planning Committee some months ago, those paying dues with a credit card would find the fee added to their bill by the card company. GM Allen Roth found a clearer, Paylease, that would do the processing. Electronic checks would also be affected. Although the GM had explained this in detail at the Friday, October 18th workshop and the next day’s Finance and Planning Committee meeting, Directors Margaret Fitzgerald and June Solla abstained from the vote saying they did not have enough information. This was also true when the rest of the board passed an $11,000 change order on road repair. The change order was necessary when pavers noted severe problems with the base on a section of Clearview while preparing it for paving. The association’s Quality Control/Quality Assurance engineer validated the paver’s finding making the change order necessary as the scope of work had greatly increased. This information was made available to board directors prior to the vote, but Fitzgerald and Solla demurred nevertheless.

During the Public Comments section it was suggested that the board make the agenda of meetings available to the membership via an email blast on the day prior to the meeting. This would give members a chance to decide on attending a meeting based on an item of particular interest to them. President Alex Leslie said he thought this was a good idea and would work to effect it.

Pat Galderisi precipitated an extended conversation on criteria for voting at the annual meeting. Referring to a discussion she viewed on the Emerald Lakes in the Poconos Facebook page (unofficial), she said that posters seemed annoyed that some members with outstanding balances of less than $50 were permitted to vote. Some cited a literal interpretation of the bylaws that describe a member-in-good-standing as one who owed nothing at all to the association. Galderisi contacted several past Judges of Elections, all of whom took a slightly more liberal view. Most indicated that with small amounts, mistakes can occur and if an error is made it should be in favor of the voter. Galderisi read several responses that uniformly pointed to the importance of protecting the voting rights of those whose debts if, in fact, they existed at all, were de minimus, of little consequence. Board Secretary Carmen Broadnax, who served as Judge of Election for the last two cycles, said that was her motivation. Linda Shuey, present as an observer, volunteered that she had been initially refused a ballot based on an erroneous  debt listing and thanked Ms. Broadnax for allowing her vote, to which, it turned out, she was entitled. Most of those in attendance agreed that this (allowing voting with small balances) was a legitimate case of judicial discretion.

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Posted on October 26, 2013, in BOD Meetings and tagged , , , , , , , . Bookmark the permalink. 2 Comments.

  1. I wonder how many members of the Emerald Lakes Association who owed less than $50 would have voted in the last election had they known they could have. It seems like only certain people were told so I guess we will never know how the outcome of the election could have been affected.

    If a board of director has the right to interpret a bylaw that is very clearly written then why not just interpret that members are entitled to absentee ballots, why do we need a change in the bylaw? It’s nice to be able to pick and choose with what seems like total immunity.

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