Category Archives: BOD Meetings

“Party House” Major Focus of Board Meeting

October 27th Open Board of Directors Meeting

     “Party House” Major Focus of Board Meeting

By Buz Whelan

Although the discussion didn’t begin until over an hour into the meeting, the grievances over a short-term rental house on West Emerald Lake produced the most passionate remarks during the October meeting. Beginning with Mark Davis’ opening statement, which was comprehensive, residents from the general area of the house spoke, one after the other, on the rental’s damaging effect on quality of life. Speaker after speaker cited littering, garbage dumping, loud parties, fireworks far into the night, and a septic system that is overtaxed and sure to fail at some point in the near future. The discussion went on for about 45 minutes and showed evidence of the strain on affected members’ nerves. Board President Al Leslie assured the distressed group that the association attorney is working to resolve the situation, but it was unclear what form that resolution would take.

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The ELA Road Plan Explained

Lola Lauri

The following information is based on the plan in place last year.  If there have been any changes since then, I do not have them.

The board agreed to a 5-year plan presented by Gil Werner and the Maintenance committee, including Bob Lauri and Joe Miller.  The plan begins with dedicating $200k per year to the roads.
First, Bob Lauri, our staff, GM, and the maintenance committee surveyed the roads and assessed the damage by designating roads as primary, secondary and tertiary.  Then specific pieces of each road were rated based on the extent of the damage and the need for drainage fixes.  Areas slated for repair were chosen using this data which, presumably, will be updated each year as situations change.

The first priority in repairing the roads is to prevent water damage.  This happens by fixing the grading along the sides of the major roads and replacing damaged drainage pipes that run underneath them. It makes little sense to repair or repave roads when there is not proper drainage. The freeze/thaw cycle on roads with poor drainage is the main cause of the “alligator cracks” that are the beginning of road deterioration. Of course, there will always be routine maintenance that must be continued along with this drainage project.

With proper drainage, and with the work guarantees that were negotiated with contractors, paving should last longer in the future, and this frees up some of the $200k for more repairs to secondary roads.  As we catch up with the drainage and repaving, hopefully, this will at some point allow for paving of those unpaved roads.

However, all of this is dependent on the board continuing to fund the project, and barring any major disasters that require immediate repair.  Should we be lucky enough to have another mild winter or two, the project could be accelerated, but major storms and a lot of freeze/thaw fluctuations could set it back.  So, with all these variables, it is hard to say exactly how long this might take.

There is a plan, or at least there was, but plans in our community are always dependent upon the whims of the current board, so it is important to let each board know what your priorities are, and to select candidates who will continue programs that you think are important.  Even if you choose not to attend meetings, you might want to put a note on your calendar, as a “back to school” item, to write a letter to the board each September, reminding them of the things you believe are important in our community.

To Rent or Not to Rent

Opinion

Lola Lauri

Many of our residents are suffering from the noise and bad behavior of the tenants at a few local homes.  There are parties and noise and traffic.  There are septic failures that threaten our waterways.  Every resident is entitled to the quiet enjoyment of his or her home, and that is not happening because of a few careless homeowners.  Advertisements for these homes online suggest that they are great for “groups” and in some cases they claim to sleep up to 18 people.  Reports of people standing on the docks and cursing and shouting loudly have shocked the attendees at the last board meeting. A number of residents have banded together to address the board and insist on help for these conditions, and they deserve relief immediately.  No one should have to live with constant noise and discomfort. (To read their letter click here.)

At first glance, it seems that the obvious solution is to disallow rentals completely within our community.  I have heard this suggestion more than once, but I believe it is too soon to take such a drastic measure that will impact the ability of all homeowners to rent their homes. Before punishing all homeowners for the actions of a few, I believe the community needs to look at the issue of enforcement.

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“Party House” Causing Problems

Lola Lauri

The following email was forwarded to me today, and it illustrates a problem in our community that the board must address:

Hi Folks:

Time for an update. As you know, our letter to the Board detailed the overuse of the respective septic systems
of the three homes in question. And sure enough, the septic system at 146 Powderhorn Drive has failed.
The septic mound is not perking. The effluent is running out of the top of the mound.

Tobyhanna Township was notified either by the homeowner or the home owners septic pumping company.
The system was inspected and a plan was presented to obtain a permit from the Township to repair and expand it to maximum size permitted.                                 The plan was approved, trees have been cut down and work is going forward.

The Township official told us that if the repair and expansion works, all well and good. He said he would periodically monitor
the system over time. He also said that if the repair and expansion partially works or fails, then he
could take certain measures including fines and require the owner to curtail the use of the system. He also noted that the area designated for expansion
is the only piece of property the owner has left for a septic mound. There are no other options for additional septic
space.

The Township official was unaware of the number of people occupying the house as well as the number of cars and SUV’s parked on
top of the septic mound periodically. Now that he is aware of the situation, he will monitor it.

On October 22, I made a presentation to the Board of Directors at its monthly public meeting. I advised  them that ten families signed
the letter but now we have fifteen families supporting this important issue. Almost every lakefront property and some lake view properties
are now involved.

The audience gasped when I described the guy yelling F… You! off the deck of 146 Powderhorn at one am for a full twenty minutes.
I noted that the rules state that a rental must be “to one family” and the Board knows this but they do not enforce it.
Our letter indicted that there was an open pit fire cauldron without a functioning fire screen on Hunter Lane along with chairs and four, six by nine foot stacked
sections of a floating dock. The rules prohibit equipment on roadways. I asked Alan Roth, the Community Manager at a Rules and Regulations
 meeting to remove this equipment. He has done nothing. I noted that 1210 and 1214 Hunter Lane had fireworks reported to Public Safety.                                       No fines were issued.
The boat launch on Hunter Lane near 1214 is being used as a bathing beach creating an annoyance for the nearby homeowners. It was further noted that the rules prohibit the use of the lake for commercial purposes. The rental homes are operating as a business. The two Hunter Lane homes charge the tenants
extra to use the rental boats.
Etc.  Etc.

Al  Leslie, the President said that he is aware of the septic situation and the large number of people still occupying these three rental properties. He further stated that they are working with an attorney on the matter.

The next meeting of the Rules and Regulations Committee is Thursday, October 11th at ten am at the Office.
The next Board of Directors Meeting is Saturday October 27 at nine thirty at the Community Center.

It would help you and all of us if you could attend one or the other to show that we are many and serious about fixing
this awful problem.

We have several standing rules in the Rules and Regulations for ELA that are being broken by the owners of these homes, and the board and the GM need to develop a plan to enforce those rules.(see personal property on roads, public nuisance, lake beach and picnic area rules and rental rules) The fines incurred will serve as a disincentive to the owners to run this disruptive “business”, and without the financial motive, the misuse of the property should stop.  Our rules are only useful if they are enforced consistently, and here is a case where they are not.  This is not a case of an owner having an occasional party, it is a consistent disruption to the lives of the people living nearby.

Please consider attending the BOD meeting on October 27th, or write to the BOD at elaboarddirects@yahoo.com, to express your thoughts on this issue.

Annual Meeting – Manager’s Report

Lola Lauri

The following is excerpted from the Manager’s report delivered by Allen Roth at the August 25th Annual Meeting: 

  1. I  would like to report on the operations of the Emerald Lakes Association since the start of the new fiscal year on May 1 of this year. This report is not all inclusive but a highlight of the operations thus far and what we have accomplished.
  • Computer equipment upgrades
  • TOPS programs and website
  • Developed SOP’s for all department operations – make us become more efficient
  • Implemented attendance recording procedures for all amenities
  • Implemented recreation programs throughout the summer season for youth and adult
  • Contracted Kipcon to conduct a Reserve Study
  • Painted the interior of the Community Center
  • Removed carpet & installed new porcelain tile in Community Center
  • Replaced vinyl on bar, installed new table cloths and drapes in Community Center
  • Purchased and installed new street name signs and stop signs and trimmed intersections back
  • Performed numerous road patching and repair and construction of storm drainage ditches and pipes.
  • Painted yellow line on main roads in community
  • Installed certified playground mulch under all play structures
  • Repaired, painted and renumbered all the boat racks throughout  the community
  • Repaired cracks and painted both tennis courts adjacent to the outdoor pool
  • Replaced the roof on the Pinetree restroom building and painted both the interior and exterior of the building
  • Purchased and installed additional sand for the beaches and sand volleyball court
  • Upgraded the security cameras in many areas
  1.  What are we going to do for the members in the coming months?
    • Use the Reserve Study and work with the Finance and Planning Committee and the Board of Directors to complete a five year plan
    • Add additional road signs so that every intersection is labeled
    • RFP has been sent out for the repair and paving of roads in the community, approximately $235,000 will be spent on paving
    • The floating bogs on East and West Emerald Lake will be removed this fall
    • A new septic system will be installed at the Administration and maintenance building
    • New fence will be installed in front of the play structure at main beach and concrete ballards or boulders installed
    • Continue to develop and coordinate new recreation activities and events

Pictures: Annual Meeting 2012

The Usual Suspects

Opinion

By Buz Whelan

So there they were. Joe Olall, David Pope, and Renae Skubish, along with their candidate Donald Glasgow, forming their usual gauntlet of outrage. And there were the handouts screaming about the latest horrible and extreme changes about to be foisted on an innocent, unsuspecting membership. Ah, but luckily these saviors of the status quo were there to sound the alarm. “Old is good, new is bad,” they verily chanted to those arriving at the school entrance. Thinking is dangerous to these folks; misinformation is the weapon of choice to protect voters from anything that might move the association forward. And when they aren’t peddling misinformation, they promote absurd points of view. Here’s an example of their way of thinking: their tract states in boldface that they are particularly excised over the wording that would change the requirements for removal of a director from “with or without cause” to “for malfeasance, misfeasance and nonfeasance…” They correctly point out that under the existing bylaws the burden is on the director to show why he/she should not be removed. In other words, a director is guilty until proven innocent. It’s an interesting concept. Hey, it works for China and North Korea. Why not Emerald Lakes? The whole concept of American justice is based on the principal of innocent until proven guilty. Maybe these folks would like to change that, too.

Incredibly, new lows were reached. Normally we have to get to the substance of debate, say a dues increase, before the fighting begins. But here we were, listening to the instructions for voting when up to the microphone marches Renae Skubish to protest. Yes, protest. She didn’t like the instructions, specifically regarding the necessity to place votes for candidates in one box and votes on bylaw revisions in another. Ever slow to grasp even the simplest reality, she wanted to be able to put votes wherever she pleased and she made a motion to that effect. Evidently, keeping votes separate because they would go to two separate counting rooms and because mixing them would only add a step of separating them immediately after the voting, and further because this process would create more opportunities for error was all too complicated for poor Renae to process. So she made her out-of-order motion to change the process to one she could more easily understand. You cannot make this stuff up.

  Later, when the floor was opened to comments on the revisions and amendments this same person came forward to point out if the Consumer Price Index reached the maximum cap or beyond every year for the next twenty it would cost over $10,000 per property. This is about as realistic as saying if it rains every day for the next year, the dams won’t hold and we’ll all be flooded out. Hey, it could happen, right? Considering that we haven’t hit a 4% CPI even once in the last 10 years, it’s more than a bit of a stretch to suppose we’ll do so every one of the next 20. Yet here come the cheers from the slow learner section, all pumped up over this ‘clever’ observation. Whew. What a close call. We almost lost the opportunities to have vicious debates between association leaders who recognize a need for a dues increase and members who have never so much as glanced at an association budget. Thanks, Dave. Thanks, Joe. Thanks, Renae. All credit to you.

Virtually every claim made in this absurd document – the one they were handing out at the entrance to the meeting place – is based on a misunderstanding of the language used in the revision documents, or worse, on deliberate distortion. Beyond that, it is a cowardly attempt at manipulating the voters. For the entire time of its existence, since November of 2009, the Committee to Revise the Bylaws has been completely transparent. They have reported their progress at almost every single monthly open meeting since then. They have taken on additional volunteers. They have had public debates. Yet these pusillanimous disrupters have made no objections at times when they could have been debated. They waited until the Annual Meeting to put out their lies and distortions when time for debate would be past. As long as this small band of malcontents can manage to influence like-minded or low information voters, Emerald Lakes will be held back by its archaic bylaws. Thank you, Dave. Thank you, Joe. Thank you, Renae.

Annual Meeting Results – Only 140 Ballots Cast

Lola Lauri

Results for the election are below.  At the reorganization meeting it was determined that Alex Leslie will remain president, Millie Bishop will remain vice-president, Earl Frank will continue as treasurer, and Carmen Brodnax will remain as secretary.  The other directors are John Cress, Daniel Glasgow, and Joe Miller.

Candidate for Director:          Votes

Margaret Fitzgerald                  62

Bob Leon                                     60

Joe Miller                                    84                   wins 3 year term

Daniel Glasgow                          73                    wins 3 year term

Alex Leslie                                  91                      wins 3 year term

140 ballots submitted

2 ballots were declared invalid

The following are the results for the By-Law Amendments

General Amendments                 45 Accept                     91 Reject

Amendment I                             30 Accept                     106 Reject

Amendment II                            64 Accept                     72 Reject

Amendment III                           61 Accept                     75 Reject

Total Votes cast  – 138

Total invalid – 2

Total Valid – 136

Agenda for the Aug. 25th Annual Meeting

Update: (8/21/12): There has been an issue raised about the legality of this agenda based on our Bylaws, Article VIII, Section 6.  We will publish an updated agenda if and when we receive one.  Also, we would like to remind ELA members that registration for voting is between 9:30 and 11 am and only registered members will be allowed to vote.

 

ANNUAL MEETING

August 25, 2012

 

 

Welcome to the 36TH Annual Meeting of the Association for 2012

 

 

ORDER OF BUSINESS

Running from the Floor?  Please bring nominating petitions to the Judge-of-Elections!

1.   Call to Order – 11:00 a.m. – Pledge of Allegiance / Introductions (Al Leslie, President of the Board of Directors)

2.   Re-state the Annual Meeting agenda – vote for By-Law changes – election of three (3) Directors

3.   Approve minutes of August 27, 2011

4.   Explanation of ballots – Maryann O’Leary, Chairman of Elections Committee (re-state procedure for running from floor)

5.   Meeting Ground Rules:

            a.   Robert’s Rules of Order and By-Laws govern;

            b.   Three (3) minutes will be allowed for each Board candidate and candidates running from the floor.

6.   Assign Sergeant-at-Arms

7.   Intro of Candidates (including from floor candidates) – Dale Wash, Chair, Nominating Comm.

8.   Candidates Statement (3 minutes max. each)

9.   Explanation of voting instructions – Carmen Brodnax, Judge-of-Elections

10. Opening of polls for Directors & By-Law Changes

11. Voting – Board of Directors & By-Law Changes

12. Manager’s Report (Allen Roth)

13. Financial Report – Earl Frank, Treasurer

14. Raymond Zavada, CPA – annual audit

15. George Hludzik, Esq. – collections

16. Presentation of Awards

17. Q&A – General Membership

            a.   Voting members must rise, give their name and lot number and be recognized before speaking;

            b.   Two (2) minutes allotted to each speaker (total of 4 speakers per issue during the Q&A)

18. VOTING Results

19. Announcements / Adjournment

A Turn in the Barrel

Opinion

by Buz Whelan

 

     Combative. That’s the first word that comes to mind when I think back on the Town Hall Meeting of Saturday, August 11. The subject was by-laws, specifically a group of revisions and amendments intended to modernize and streamline our antiquated, cumbersome and even contradictive current document. You would have thought we were unveiling plans to load people onto freight cars and ship them to ‘resettlement’ camps. I can only hope that the attendees at the meeting are not a representative sample of those who will attend and vote at the Annual Meeting on the 25th.

     I’ve never quite come to grips with why people who attend our most important meetings, Town Hall, Special and Annual, are so angry with their elected officials and others who try to work to improve the community. If you’ve never been on the dais at one of these meetings, it may be difficult to grasp the depth of contempt and distrust attendees have for whoever is putting on the presentation. Many are repeaters, ones you can count on to raise the same standard objections at meeting after meeting. The best example would probably be David Pope. David’s complaint is always the same: you’re not prepared; you don’t have a plan. I wish I had a dollar for every time I’ve heard these same tired, clichéd rants. It’s all so disingenuous.

     David was invited by me on no fewer than three occasions going back to February to help with the preparations. Evidently he had other priorities. Yet, there he was, fuming and fussing and saying that it was obvious we were unprepared. He went further. He went on about how we only had a financial plan, but no physical one. (I didn’t get it either.)  

     Now, David sits on the Finance and Planning Committee. He is well aware that we commissioned a reserve study by the Kipcon Engineering Co. He is well aware that we on the committee agreed unanimously (see, that includes David) to wait for the final document from Kipcon to use as an important source document in the preparation of a comprehensive 5-year plan. To bluster on about there not being a plan in place was intellectually dishonest. But Mr. Pope has been at this for a very long time. I wrote about this very thing in my Sept. ’09 President’s Message. As a candidate running for the board in 1998, Mr. Pope wrote in the Emerald News that the most pressing problem facing the community was the lack of a long range plan. If elected, he would make it his number one priority to develop such a plan. And still we wait.

     There seemed to be great confusion regarding the amendment that would allow some form of mail-in balloting. The major complaint was that it was not specific or detailed enough. But the purpose of the amendment was not to prescribe the precise manner of voting but rather to remove the argument that our by-laws forbid any form of mail or absentee voting. Once that hurdle is overcome, a satisfactory method could be developed. To present a detailed plan is to invite those who may support the concept of non-attendee voting to object to a particular detail, thus making the passage of the amendment that much more difficult. The more the presenters tried to explain this, the angrier and louder the protests became. I can only hope that those who come to the Annual Meeting are a little more open-minded about this proposal.

     Then there was the usual hand-wringing over the dastardly plot to tie Emerald Lakes finances to the area economy through a cost-of-living escalator. No one could claim the proposal wasn’t detailed. We would use Department of Labor/Bureau of Labor Statistics data, published online. Anyone could check it; there could be no fudging. We specified the quad-state (NY, NJ, Pa, Conn) Consumer Price Index (CPI) which is published monthly. We specified the figures presented for the previous calendar year, published mid-January would be our standard. We made it clear that the board could not, on its own, change this. We capped it at 4%. We explained that this would ensure that the purchasing power of our total income would remain constant, that it would greatly facilitate long-range planning, and that the ugly politics that characterize our dues increase meetings would be eliminated. It was all in vain.

     One major objection was that dues amount was the only control the membership has on the board. But that’s just the problem, isn’t it? Time after time, people who have no idea how our association finances work get to decide how much we need to run this complex organization. They throw platitudes at the board saying, “Tighten your belts,” and, “Make the same sacrifices we have to make.” Silly stuff like that. They have no clue that for at least 10 years we’ve been existing on deferred maintenance, cancelled programs and scheduling cutbacks. There is no fat left in our budget. We are down to cutting meat and bone. But those who rail the loudest don’t know or understand this, so they cheer each other’s ignorance. So, little by little the community deteriorates, and with that go your property values.

     I’ve worked, along with others, on the by-law revisions and amendments for 33 months. Everybody involved, at least in my judgment, wanted to do this for the betterment of our community. The response so far has been incredibly negative, as if those who protest believe there is true evil afoot. There was even a complaint that the amendments don’t appear until the end of the document, suggesting we are trying to hide them. Can you imagine? (Okay guys, let’s put them on the last page so no one sees them.) How absurd. Has any one of these folks ever read a constitution? First, you have a statement of purpose. Then you have the body of the constitution, how things are arranged and actions carried out. Lastly, you have the amendments. But don’t take my word for it; read the United States Constitution. Look for the amendments. There are 27 of them. And they come at the end.

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