The Secret to New Year’s Resolution Success
by Buz Whelan![new-years-resolutions[1]](https://emeraldlakesfreepress.com/wp-content/uploads/2012/12/new-years-resolutions1.jpg?w=604)
So here we are at the end of January 2015. According to statistics, 96% of all this year’s New Year’s resolutions have already been broken. Okay, so I made that up. But you can bet most are already forgotten. Did you make any? Have you kept it or them? Well, if you haven’t don’t feel guilty. You’re in enormously populous company. Almost nobody keeps these resolutions. But it’s not the fault of weak will, lack or resolve or self-discipline. No, the fault is in the resolutions themselves. People make resolutions year after year that are just too damn hard to keep. Stuff like “I’m gonna quit smoking,” or “I’m gonna lose weight.” maybe it’s being nicer to strangers and that vanishes with the first confrontation with an asshole in the supermarket. The secret to keeping resolutions is to make the right resolutions. With that in my mind we present a list of “10 Resolutions Even You Can Keep.” Hope it helps.
Ten New Year’s Resolutions Even You Can Keep
1. Gain 5 pounds
2. Read less
3. Procrastinate religiously
4. Drive like there were no police
5. Increase alcohol consumption
6. Spend money recklessly
7. Watch more porn
8. Smokers: smoke more
9. Give less to charity
10. Cheat on your significant other
11. Anger more easily
12. Break wind with abandon
Good luck.
December 13, 2014 Monthly Open Meeting
Lola Lauri
Shall I just start with the big news? I suspect you all will simply skip to it anyway, so here it is: at the open meeting the Board of Directors voted to close the Community Center from January 2nd until May 2nd of 2015.
In attendance were Dan Glasgow, Buz Whelan, Diane Caldwell and Alex Leslie. Robert Lauri was attending through a Skype internet connection (that admittedly cut out several times throughout the meeting). Millie Bishop and June Solla were absent.
In his President’s Comments, Daniel Glasgow read an article that he had written that described a moment after the election when a member challenged him to “go out and do the right thing.” This caused him to reflect on what exactly this meant to him. He said that doing the right thing is not the same as doing the popular thing, or the easy thing, and it often involved choosing the lesser of two evils. He added that, in the case of board members, it also meant sometimes going against self-interest and doing what is best for the community. Next, he reminded the audience that the Board was facing important issues that need to be resolved. First, there is the “Membership Review”. For nearly its entire existence, ELA has had difficulties determining exactly who is and who is not a member at any given time. Previous boards have chosen to ignore this but, given the disclaimed audit last August, it must be settled once and for all. It will require targeted title searches and other work that will cost the community a considerable amount of money that was not accounted for in our budget. The second problem is the failing systems in the Community Center. The boiler, the HVAC systems, and the roof are, according to the Falcon report, in need of replacement or repair. The Bar and Grill is losing money when many feel that it should be making money or at least breaking even.
To fund this work, the Board has put together a plan to close the center and use the savings (along with
some other sources of funds to be discussed later) toward this effort. Glasgow asked the membership to understand that nothing is free and that sacrifices now will leave us all better off in the end.
Buz Whelan was up next, with the treasurer’s report. He began with the variance in Administration. This department is currently running $85k over budget. About half of this ($43k) is due simply to a change in bookkeeping procedures that require us to log the collections fees collected by our attorney as income (and then as an expense to the lawyer). Previously, we did not include these amounts on our books since it is money that never actually runs through our accounts, but is instead collected by the attorney directly from our creditors. The rest of this amount is due to the increased legal fees incurred largely for the membership review. From our other departments, Maintenance and the Community Center are slightly under budget due to lower salary and benefit costs, and Public Safety is slightly over budget due to extra patrols being sent out. Although the Bar and Grill continues to lose money, this month the loss was $1,645 versus the average for the first four months of $4,700 per month. This is considerably closer to what Whelan deems an “acceptable loss”. Dues collection is down nearly $30k over last year at this time, and collections on past due accounts is at $146.5K year to date, which gives us an average of $21K per month. Whelan cautioned that collections are historically lower through the holiday season and so we should expect this number to be lower in his next report. Overall, collection of late monies can be described as robust. He described this as one of the few bright spots in our financial picture. Our current cash balance of operation funds is $450K, about $83K over the same time last year. Reserves are at $344.5K, up from $261.5 at the same time last year. New capital reserves, those monies used for new projects or equipment, are a little over $52K. Money from these two reserve fund can be used for the Community Center renovations the board is planning for the period when the center is closed.
In the management report, Judy Kennedy reported that the concrete has been poured for the new buildings and construction would begin next week. The “scalping” project for the sides of the roads has been postponed due to the weather, but the contractor has agreed to perform this operation in the spring at the quoted price. She gave a prioritized list of repairs recommended by the Falcon report that included projected costs of each. The CC boiler ($65 – $75k), a new dehumidification system ($180k), and roof repairs (approximately $100 – 120K) were the first three items on that list. She noted that the indoor pool heater had been repaired and finally, she welcomed the new CC manager, Ana Crespi and said that she believed this hire would be a good fit for the needs of our community.
Addressing old business, the board stated their goals and objectives for the coming year. These included clearing up items left from the previous board, finding methods to generate revenue via short term rentals, enacting the CC recommendations as presented to the board by Robert Lauri, and completing the bylaws review and revisions. Diane Caldwell then read the “address the board” policy, and the lawyer’s opinions on the real estate committee and fishing club recommendations to the board. Real estate had recommended
that we limit short term rentals and apply fines and penalties to those who did not adhere to the policy. The lawyer’s opinion was that these were unenforceable and would not withstand legal challenge. Fishing and conservation had submitted rules and policies to regulate ice fishing within Emerald Lakes. The lawyer felt that this would then increase ELA’s liability and exposure to lawsuits. Finally, we learned that the Fishing and Conservation club had volunteered to wrap trees on the islands of Pine Tree and Mountain Top lakes.
Turning to new business, Glasgow stated that the membership review is projected to cost an additional $20 -30k before it is completed. Bill Henry was reluctant to comment on the research that he and Carmen Brodnax are doing toward this goal, since they have only begun the process, but he did state that he felt the whole issue was a cruel joke played upon our community. He said that the 2900 properties that the county has listed in our community “simply do not exist.” He pointed out that this would be approximately 450 acres unaccounted for, and that they may be counting our green areas, and also many properties were sold and listed more than once. Whelan opined that the auditor’s disclaimer did a real disservice to our community by stirring up a lot of fear and misleading the membership about the state of our finances. So, there are disputes with the county records versus our records over how many actual lots there are in ELA, but there are also the deeds that contained “clause 15”, a clause that set an expiration date on those properties’ obligations to the community, and there are properties that do not belong to ELA, but who use our roads to access their properties. Diane Caldwell expressed confidence that Mr. Henry and Ms. Brodnax would be thorough and diligent researchers in these matters.
At last we came to the news everyone was waiting for, the closing of the Community Center. Citing the need for the savings that closing would bring, and the deferred maintenance and repairs of the boiler and other equipment, and the need to completely revamp the policies and procedures of the Bar and Grill, Dan Glasgow explained how Robert Lauri had presented the plan to the board at last week’s workshop, and they had worked out the details and come to an agreement on this plan. Caldwell read the resolution to the audience and the discussion began.
Via his Skype connection, Robert Lauri stated that he believed this resolution would work for the community on many levels and that even though it was a difficult sacrifice for so many of us, it was the best way to meet their fiduciary duty to ELA. He added that this would provide a “clean slate” for the Bar and Grill.
Buz Whelan pointed out that this was not without cost or pain for any of us, describing his pleasurable experience the night before in the dining room and how he would miss the ability to stop by in the evenings.
Diane Caldwell compared this to the experiences we all have with budgeting for our families and said she felt this solution solved a number of problems facing the association.
Earl Frank noted that an alternative place would be needed for the monthly board meetings.
Bob Leon supports the closing, but expressed concern that the timing was poor and that there was not enough time to begin work in January.
John Palmisano supports the closing, but wondered what would happen to the new CC manager. Brad Jones responded that she would be working on implementing new policies and procedures, would provide an onsite presence for the renovations, and that they felt they had enough work to justify her retention during the hiatus at the center. Palmisano also suggested that it would be a good idea to make sure the skating pond is open to provide at least one winter activity for the membership.
Joseph Olall asked about the savings the board hoped to realize for this project. He was told that Robert Lauri had calculated a savings of approximately $86k, including the cost of keeping the manager on during the closing. Olall also asked about the condition of the boiler. Mr. Jones responded that according to the inspection that resulted in the Falcon report, the boiler had exceeded its useful life and its inefficiencies were costing the community between $12 and 20k per year.
Rob Pavlasky added his concern about funding all these changes, and suggested that after paying the legal fees, these projected savings would leave very little for the renovations. Glasgow explained that in addition to those savings, the board would put off purchasing a new maintenance vehicle that had been budgeted for at $50k, and that many of the items would be paid for from the reserves fund, and Caldwell added that some of the legal fees had already been paid.
Bill Henry observed that it was a good idea to close it in any case as we were likely to run out of money to pay for it before the end of the fiscal year (May 1).
Margaret Fitzgerald and Heidi Castro felt that we did not need the manager to stay on during the closing; that Preferred Management could complete the renovations and design the new procedures. Ms. Castro said that if they were keeping the manager, they should just keep all the employees on the payroll. Buz Whelan responded that we could shift the responsibilities of all sorts of jobs in the community, but that this doesn’t mean it is a good idea. It makes sense that the person in charge of the center should be involved in its setup and design. Caldwell stated that they were not aware of the recommendation when the new manager was hired. When Ms. Castro complained that her children would have nowhere to go this winter, Whelan responded that they would certainly have nowhere to go if the place went bankrupt and was closed permanently.
Eileen Avrich said that the Events Committee recommends that management explore the option of enlisting volunteers from the community to complete some of the work.
Erika Wolf wanted to know why they didn’t plan the closing for the spring or summer months when the outdoor pool and beaches would be open for people to use. Stefania Johnson said that the CC is most crowded at those times and it would be better to close now. Johnson added that, as a member of the Events committee, and an avid user of the CC (she described it as her other living room) she knew the disappointment that many would feel with it being closed, but that she felt strongly that it was a worthwhile sacrifice. She said that she could “see the vision” of a new center, and she hoped that others would get on board as well. Ms. Wolf then wondered if the money for the legal fees could come from the funds set aside for the roads. This was met with a vehement no from several members, and it was explained that the last dues increase was promised to be dedicated to the roads and that trust could not be broken with the membership.
Linda Shuey supports the closing, and she suggested that we might be able to find other venues for activities. Caldwell, who used to work with the Pocono Mountain School District, pledged to help work with the schools to arrange this if anyone was interested.
Cathy Leach asked if anyone knew the percentage of the membership that actually used the CC, and Earl Frank put that figure at about 10%.
Darren and Stefania Johnson reminded us that we were all warned that without a dues increase, services would likely be cut, and now that the increase was rejected, it was up to all of us to support doing what is necessary for ELA. Darren added his kudos to the board for taking this action and reminded us that we are lucky to have a board that is willing to move on so many things when only six months ago our board was deadlocked on so many issues.
At this point, the vote was taken and all Board members present voted yes.
The next item discussed was banning ice fishing in our lakes and the installation of signs to warn others of this change. The Board believed that allowing ice fishing led to an unacceptable exposure to legal action against the association, and both our attorney and our insurance company advise against it. Director Whelan added that the ice fishermen he had seen do not “catch and release” and we could not afford to stock the lake for people who are taking them home to eat. Ms. Shuey asked if it was the regulation of ice fishing that created the exposure, and that if we simply remained neutral on the issue, as we had in the past, wouldn’t that be sufficient? She also asked about the possibility of purchasing a rider to our insurance to cover this activity. Brad Jones said that we were always vulnerable to legal action and that by taking the action of banning ice fishing we would be reducing that exposure. He also said that our current insurer would not sell a rider and that, in any case, the cost would be prohibitive. Robert Lauri asked if we could require a signed waiver for ice fishing, but Jones did not believe this would be sufficient to avoid legal action. All directors voted to ban ice fishing.
The Board also voted to spend $200 on supplies for the Fishing and Conservation Club to wrap trees on the Pine Tree and Mountain Top islands to protect them from beavers. Gilda Spiotta said that she believes that a 3 to 4 foot fence around each island would better protect those trees. She also expressed concern that we might be liable should one of the volunteers be injured while performing the work. Robert Lauri said that he would be taking a tour with Ms. Shuey and Ms. Spiotta in the near future to survey possible beaver damage to our waterways. The measure passed, with all present members voting yes.
The final two actions of the Board for the day were to pass a resolution setting the goals and objectives for committees, and a second reading of the variance policy that had passed at a previous meeting.
[Gilda Spiotta: Thank you for your notes. I was so busy fighting with the computer to keep Robert Lauri on the line, that I missed a lot and could not have written this without you! L]
November 1, 2014 Monthly Open Meeting
Lola Lauri
Our board has been very busy in the last month, working on all the issues and concerns that come with running our community. These include, but are not limited to, the membership review, the condition of the roads, the excessive legal fees we have incurred this year, rental restrictions within the community, the replacement of the maintenance building, and the expenses of the Emerald Bar and Grill. Much information was given throughout this month’s meeting about each of these topics. Rather than skip back and forth to each topic, I will present each separately and then list the other issues that were brought up.
Membership Review
Upon the disclaiming of the audit at our Annual Meeting, the general membership has become aware of the discrepancy between who we have listed as our members and what the county records show. The Board is working with the attorney to reconcile these. Brad Jones reported that the Attorney Hoffman could not meet the October 31st deadline for his opinion on the membership review, and was requesting an additional two weeks to complete his research. Hoffman would be willing to attend the November 14th meeting in person (at no additional charge) to answer questions and clarify concerns. Diane Caldwell clarified that the delay was due to information that is not available online but only at the courthouse. Jones felt that having the lawyer present would be a good idea since he could answer their questions and concerns directly at the meeting. The Board voted 5-2 to accept the attorney’s request.
Before approving the audit, Buz Whelan wanted to clarify for the membership the meaning of the “disclaimed” audit. He explained that although the auditors chose to disclaim this year’s audit, they did so because of the discrepancy between the county records and our records, and that they found no irregularities or difficulties in obtaining the information needed to perform the audit. When describing certain “misstatements” in our records, they were referring to their preferences in the way we record certain information. Each auditor has preferences for the way information is recorded, but these are not necessarily right or wrong. Whelan wanted to stress that this disclaimer was not an indication of any wrongdoing on anyone’s part. Brad Jones noted that all 7 recommendations of the auditors were resolved. The treasurer’s report by Buz Whelan included an example of one of the changes and how it effects our budget. He reported that the Administration department has exceeded its YTD budget by $61k, but explained that part of the difference may be attributed to changes in the way we record our collections accounts. Previously, we would not count the attorney’s collection fees as income since we never actually see this money (he is paid by the delinquent account holder as part of the collection fees). Our new auditor would like to see that money recorded as income and then the fees portion as an expense to the lawyer. The resolution to approve the audit passed.
Road Repair and Maintenance
Brad Jones, Robert Lauri and Bob Leon completed a road survey and developed a plan for road maintenance. Robert Lauri addressed two main issues at the meeting; grading and plowing. He supplied the audience with pictures from the road survey showing alligator cracks, seams and potholes. Mr. Lauri said that the water that collects in the roadways causes the cracks and then our current plowing procedures rip up the uneven asphalt. He warned that the weather here ensures that we will always have road issues and that the goal is to preserve the safety of our members and the integrity of our roads for as long as possible. Their plan is to complete “scalping” of the edges of all the roads to direct the water away from the roads. “It’s going to be ugly,” he said, “but it has to be done. Without proper drainage, our roads are doomed.” He assured everyone that the grass and weeds would grow back quickly, and that our roads would be better for it. He also stressed that they must work to communicate to the membership what is being done and why. Lauri would also like to seal the seams in the roads (but not the alligator cracks; he believes those are beyond saving).
The plowing portion of the plan includes marking unpaved roads and adding and using shoes on the plows set above the ground to avoid tearing up the roads. He said that training the plow operators in proper “pushback” procedures will also help ensure that the snowmelt drains off of the roads.
Lauri turned the subject over to Brad Jones who recommended that the Board approve the community-wide grading project. He had one bid for $2,340 per day (using our staff to supplement the work by cleaning up and carrying out the materials removed by the scalping), with a worst-case estimate of 3 miles per day completed. He stated this would cost at most $28k, which would come from funds already budgeted for the roads. After some discussion about other companies to solicit for bids, Lauri made a motion to accept up to $30k in expenses for this project. The motion passed 6-0 (June Solla left the meeting early for an emergency). Since the roads were being addressed, Diane Caldwell interjected a plea on behalf of the Blueberry Estates residents for management to contact Pocono township regarding the roads in that area. She said there are potholes the size of the conference room tables there and no one will work on the roads. George Haab added that Powderhorn Drive also has enormous potholes that should be addressed.
Legal Fees
In his treasurer’s report, Buz Whelan expressed his concern with our mounting legal fees. Whelan pointed out that our other attorney’s fees (not the collections attorney) are a large part of the increased expenses in the Administration department. The Association has spent $29k on legal opinions from our attorney in just the past 5 months. Compare that to the previous year when we spent only $6,500 for the whole year. He presented examples of advice solicited on issues that he felt could have been handled in-house by the Board and Management. They include:
$1,771 for advice on creating an absentee balloting policy for which we still have no amendment.
$1,475 for an opinion on handling social media (i.e. the unofficial Facebook page) which determined that they were unlikely to prevail in any attempts to stop the use of this page.
$1,628 for advice on member’s requests for Association documents and records.
$2,624 for an opinion on rental restrictions for the community for which the lawyer said were all unlikely to withstand any legal challenge.
Whelan said that the directors need to commit to a willingness to make many of these decisions to stem the rising legal costs. He said that abdication of a director’s responsibility by sending all these decisions to the lawyer is too expensive for us all. His suggestion is to move forward on these kinds of decisions and, if a legal challenge is presented, those would be covered by our insurance. Joseph Olall questioned Whelan’s argument by reminding him that board members are not lawyers and in fact, one of the first actions of Mr. Whelan’s former presidency on the Board was to fire an employee who then sued the association. Olall suggested that, with legal counsel, the cost of that challenge could have been avoided. Whelan stated that the only cost was to meet that employee’s contracted requirement of 30 days notice, which a lawyer’s advice would have warned us about, but the opinion itself would have cost us additional money.
Rental Restrictions
In his Director’s comments, Whelan used the last example above to express his desire to make ELA an rental friendly community. He and Director Diane Caldwell are working on developing ways to increase the community’s income from rentals. Rather than creating restrictions to members’ ability to rent their properties, Whelan and Caldwell believe that we need to develop policies that encourage short-term rentals and bring speculators to our community who would be willing to invest in homes where they can make money through rentals. Caldwell has experience in this area and says that given the Kalahari and Aquatopia projects in our area, the time to jump on this opportunity is now. Lake Naomi has a model that allows them to split a 26% commission on rentals with the brokers. Whelan described a vision of a rental office that advertises and manages rentals for the landlords of the community and collects the commissions for the community. He states that landlords pay dues at a higher percentage than other members because their livelihood depends on being able to offer their renters the amenities that our community provides. Both admit that there is a need to protect other members from the problems that short-term renters sometimes bring, but do not see that as an impossible challenge to surmount considering the potential return for the Association.
Construction of Maintenance Building
Construction on the new maintenance building and storage shed has been delayed because of permit issues (the township requires a handicapped accessible bathroom and parking space). Delivery should happen on November 4th, and they will build the cinder bins first, while they work on the permit for the main building. Dan Glasgow explained that the original building was built without a permit and thus could not be grandfathered in for an exception to these requirements. They are trying to get the township to approve a plan to bring the bathroom in the existing building up to the standard since it is close enough to the other building to qualify.
Emerald Grill
Manager Judy Kennedy has been working along with Robert Lauri to train the bartenders and to address problems with the POS. Sales for Friday night party were $847, a significantly higher than average, and he was confident that expenses would continue to dwindle and service will improve.
Whelan broke out the Bar and Grill in the treasurer’s report and described the income verses expenses of its operation. He pointed out that although the B&G is $17k over budget, the month of September showed a smaller loss ($2,200 versus an average of $3,700) than the first 4 months of the year. He is confident that the work being done by Preferred Management and the assistance provided by Robert Lauri will continue to bring these costs down. When asked what he would consider an acceptable cost for this amenity, Whelan said he believes that between $1k and $1.5k per month would be a reasonable expectation. For comparison, he noted that the outdoor pool costs approximately $4k/month to operate and he believes that it serves fewer members.
Changes in Scheduled Meetings
President Dan Glasgow talked about the schedule changes for upcoming meetings of the board. November 14th will be a workshop, dedicated to the issue of the membership review. December 5th will be a regular workshop meeting, and December 13th will be a combination open meeting.
Treasurer’s Report
In addition to those items discussed above, Treasurer Buz Whelan presented the financials as of 9/30/14. He compared current numbers to last year’s and described several negative trends. We have collected $96,500 less in dues than the same period from last year, spent $169k more in expenses, have a cash balance of $110k less, and a reserve balance of $36.5k less than last year. He also mentioned that our New Capital balance is $29k lower than last year, but mentioned that the money went to needed repairs and as such is not a concern.
Maintenance is under budget, due mainly to work that has yet to be done, and Public Safety is on budget. The Community Center is under budget by almost $12k due to a decrease in salaries.
Manager’s Report
Manager Judy Kennedy stated that, once approved, the completed audit will be available at the office and on the website. They have begun work on an Emergency Management plan and, as part of that effort, some of the staff has received first aid training and others are scheduled for that training in the future. Digital time clocks have been installed for tracking staff hours. The fire extinguishers in the Community Center have been repaired and charged. She noted that the HVAC was not cooling during the Cancer Awareness event and she thanked everyone for their patience and their participation in the event. Kennedy also noted that the new digital system in the pool says that the water is at 83 degrees, even though some members insist it is not. The broken pool table has been replaced with a pay-for-play model installed and maintained by an outside vendor. The community will split evenly the $1 per game revenue with the vendor. The sauna and septic repairs at the Community Center will be completed next week. In response to a request from a member at last month’s meeting, each management report will be available to members both at the office and on the website after its approval by the board.
Beavers
At the workshop, the Board discussed the beavers and decided that no action would be taken at this time. Robert Lauri, who was absent from the workshop due to a death in the family, stated that while he does not wish to undermine a decision made by the Board, he would like to consider the long-range negative effects that the beavers may cause to our waterways and common property before dismissing this as simply a responsibility of the members themselves. Glasgow read an article written last year by Director Millie Bishop for the Emerald News. Bishop said that beavers can have positive effects on the environment as well, noting that when the beavers were eliminated Lower Deer Lake began to dry up and so the board at the time decided to repopulate the area.
Bank Signatories
Next, the board voted to approve four officers as signatories for the ELA accounts. These are Dan Glasgow, Robert Lauri, Buz Whelan and Millie Bishop. Earl Frank asked if the general manager should also be a signatory, but the Board decided not to include them at this time.
Address the Board Policy
Brad Jones had a first draft of the policy for handling the letters sent to the “Address the Board” section of the website. He expressed concern about the timeline for replies and suggested that management be given the discretion to respond to simple procedural requests and save the Board from dealing with the more trivial questions. Diane Caldwell expressed concern that a registered letter was sent to the office that contained seven separate sealed letters for each member of the board. She said she believes this is a federal offense, and should not be accepted. The Board agreed to discuss these changes at the workshop in December.
Committee Reports
Reporting for the maintenance committee, Bob Leon reported that they have concerns about the performance of compliance officer Ralph Musto, who apparently issued a permit for a resident to build on Association property. He believes this is the equivalent of giving away property and it opens us up to legal concerns.
Louise Leon thanked the Board and Management company on behalf of the Adult Water Aerobics club.
Earl Frank submitted a list of 9 recommendations from the F&P committee (he did not read them), and noted that the collections attorney has done a good job with collections on past due accounts so far this year.
Stefania Johnson reported that the Events committee is waiting on a response from the board regarding their recommendation for an electronic sign. They are also changing the ELA Dancing with the Stars event to ELA’s Got Talent, to allow for a broader range of acts. The tentative date for this event is January 17th. She thanked everyone involved in the Halloween Haunted House and the other Halloween events in the community. The committee is looking to bring back a monthly Dance Party and a monthly kids movie event at the CC. They are finalizing plans for a Thanksgiving dinner and Christmas tree decoration party. They are in discussions with Buz Whelan regarding an event in February and they would like to declare the entire month to be Heart Disease Awareness month.
For Crimewatch, Connie Simpson wanted to thank all who were involved in managing the Halloween Trunk or Treat.
Joseph Olall expressed his concern with the delay in holding a Communications Committee meeting. Judy Kennedy explained that since she had gotten no response to her emails to Mr. Olall, she went ahead and set a meeting date for October 25th but, upon getting no confirmation from Olall himself, and having received several cancellations and then finding out that some people who had wanted to participate were never informed of the meeting in the first place, she and Liaison Buz Whelan decided to postpone the meeting until November 8th.
Diane Caldwell said that she would contact Mark Davis and work to set up the first meeting of the Real Estate Committee.
Public Comments
Carmen Brodnax asked if the Board had approved outside advertising of the Haunted House in the Community Center. The Board was unaware of any outside advertising.
Cathy Leach was concerned that adding shoes to the plows would increase costs for cinders. Brad Jones said he did not know if that would happen, but that they were prepared to modify the plan if it did not work to their expectations.
Darren Johnson said that with the resignation of Chris Tarvin as CC manager, we had an opportunity to mold and develop a leader in a new employee. Jones agreed.
Stefania Johnson suggested a celebration for Mr. Tarvin was in order.
Mary Cavanaugh asked if the delivery of the maintenance building would interfere with compactor hours. Jones said it would not.
Gilda Spiotta re-stated her concern regarding the beavers on her property and suggested that the Game Commission would remove them for free.
Bob Leon complained that the newsletter is still not up on the webpage and that some of the kiosks are empty. He also suggested that the community should do more to advertise the rental availability of the CC.
Louise Leon was concerned that leaving snow on the roads (because of the plow shoes) would result in more accidents.
Kathy Whelan complimented everyone involved in the Cancer Awareness Day event and asked how much money was raised in total. Robert Lauri expressed his concern that a misunderstanding of some sort led to an additional cost to the Bar and Grill of $187. Buz Whelan said that it was a misunderstanding by Chris Tarvin and that it is illegal to have employees volunteering to do their own jobs.
George Haab told the Board that he would be placing a collection bin for Boy Scout Troop 94’s “Scouting for Food” campaign.
New Members
The meeting concluded with the welcoming of new members. There were 5 properties sold, 6 foreclosures sold, and one new foreclosure and one sheriff’s sale.
September 27, 2014 Monthly Open Board Meeting
Lola Lauri
Opening
Dan Glasgow opened the meeting with his President’s remarks, which seemed to be meant to set the expectations of the audience (“Hold your questions until the end, please.”) and to explain certain items listed on the agenda. After this, the board’s first order of business was to appoint a new treasurer. Millie Bishop resigned that position (but not her directorship) at the most recent workshop meeting and so, in a unanimous decision, Buz Whelan was appointed.
President’s Message
After the board approved the minutes of the July 26th, 2014 BOD meeting, President Glasgow reviewed the actions of the new board to date. He noted that the organizational meeting and the workshop meeting held were both open to the public and that, after the workshop there was an executive session to discuss the accounts of certain members. The board has set a target of October 31st with the lawyer to have a written opinion on the membership review issue, so the board should have some news on this issue in November. They have also asked for an opinion from the lawyer on the issue of association documents that were shredded and his advice on how to proceed with this matter. Glasgow stated that the community’s investment in new equipment seems to be paying off already as it is being used in several drainage and road repairs. At the workshop, the board acted to re-establish the committees to assist the board and determined the board liaisons to those committees. Finally, he announced that he will be joining our manager, Judy Kennedy, for “Walk-in
Wednesdays” on the third Wednesday of each month, (except that this October he will only be available on the fourth Wednesday) so that members may also use that time to approach him with their concerns. Walk-in Wednesday hours are from 1:30 to 3:30 pm at the administration building.
Treasurer’s Report
With four minutes as treasurer under his belt, Buz Whelan gave the Treasurer’s Report. He reported that our revenues (excluding the Bar & Grill) are at $796k, which represents $59k less in dues collection than at this time last year. He allowed that it is possible that more
people are paying dues under the quarterly option, but that cannot cover all of the difference. (Later in the meeting, former Treasurer Earl Frank suggested that there seems to be a delay in the delivery of the current quarter’s billing which might account for this difference.) Whelan then addressed some specific areas of the financial picture. Our capital reserves fund variance is accounted for by the paving of the compactor area, but future transfer fees should help restore the balance in that account and so he feels that is not a current concern. He noted that year-to-date our attorney’s fees are over $20k, which is more than the combined total of all attorney fees for the prior two years. The Public Safety and Maintenance departments are on or under budget. The Community Center is under budget overall, but the Bar and Grill is a different story.
Whelan noted that because the B&G is our only amenity that comes with its own revenue stream, we report on it differently than other amenities. He reported the Bar revenue versus cost at +$1,813.99, and the Grill revenue versus cost at -$13,267.86. There are certain items that are also costs that cannot be broken out into either bar or grill because they are used by both (towels, uniforms, certain supplies, etc) that totaled $3,355.50.
Bar & Grill total revenue $25,191.21
Bar & Grill total cost $40,000.58
B&G Loss $14,809.37
The bottom line of all of this is that the Bar & Grill’s combined costs to the community for the first four months of the fiscal year stand at almost $15k. Whelan commented that this is unsustainable, and must be brought under control. He told the audience that Director Robert Lauri plans to work with Preferred Management to focus extensively on this issue and complete a comprehensive analysis of the operations and use of the POS system and training of staff and will determine a future course of action to stem the bleeding.
Management Report
Manager Judy Kennedy reported on the re-establishment of the committees and plans to contact the former chairpersons and members of those committees to set up meeting times and dates for their initial meetings. At its workshop meeting, the board established liaisons for each committee, and also “co-liaisons”, whose function will be to back up the primary liaison in the event he or she cannot attend a committee meeting. Liaisons from the board were reported as follows (with co-liaisons in parentheses): Communications – Buz Whelan (June Solla), Maintenance – Robert Lauri (Buz Whelan), Events – Dan Glasgow (Millie Bishop), Finance and Planning – Buz Whelan (Millie Bishop), Nominations – June Solla (Diane Caldwell), Elections – June Solla (Diane Caldwell), Real Estate – Diane Caldwell (Alex Leslie), Rules and Regulations – June Solla (Diane Caldwell), Appeals – Alex Leslie (June Solla), Neighborhood CrimeWatch – Millie Bishop (Dan Glasgow).
Kennedy also reported that they had designed a newsletter policy for approval by the board and a variance policy as well.
Old Business
There was a discussion of outstanding issues and concerns over the C&R Landscaping contract for the new storage building. Diane Caldwell asked if the revised contract had been signed and if it contained pricing on the doors and warranty information. June Solla questioned who was responsible for the debris left from the clearing of the site. Brad Jones, of Preferred Management, replied that he would ensure that the contract contained the requested language and information and that the debris was the responsibility of C&R. He maintains that the building is “two weeks out” and that a township building permit was being sought.
Director Caldwell, citing POS summary reports, expressed concern over the daily cash discrepancies. She reported that on various daily reports she found cash discrepancies of up to $55 over, and $33 short and that these kinds of discrepancies seem to be happening with some regularity and are not acceptable. She also described an incident when she arrived at the Center and there were several employees “hanging out” at the front desk, playing loud music. When she asked them to turn down the music the response was “Who the hell are you?” Robert Lauri discussed a similar experience he had seen where a member wanted to swim but there appeared to be no lifeguard even though the pool should have been opened and staffed. Lauri and Preferred Management agreed to examine all these issues and Lauri asked that members report their good and bad experiences at the Community Center so that they may be considered when designing procedures and policies to improve service there.
New Business
Robert Lauri asked that Preferred Management work on designing a comprehensive Emergency Management Plan that would make the Community Center available to the membership in certain situations, including the recent school closings during the police manhunt in our area and during storms and other emergencies. Cookie Lietwinski said that there was a committee to work on this but that it had fallen through the cracks.
Diane Caldwell asked that October be designated Cancer Awareness Month for ELA. June Solla made the motion, Buz Whelan seconded and it was passed unanimously.
Director’s Comments
Robert Lauri suggested that the Nominations Committee be tasked with putting together a packet to inform candidates for the board of the duties, obligations, and expectations of the job. He pointed out that the bylaws only say that a candidate must be 21 years of age and a member-in-good-standing and that this does not give any indication of the scope of the job.
June Solla stated that she and many members of the board and the community are cancer survivors and that October 11th will be Cancer Awareness Day at the Community Center. Activities will include a Survivor’s breakfast (all are invited to attend), kids activities, afternoon Bingo, a dinner and a show that will include local performers Lady A and Mike Gregorio, followed by lighting of luminaries on the CC lawn. There will also be a gift basket raffle, and she is looking for donations of baskets. All the money raised will go to the American Cancer Society and will stay in Monroe County.
Public Comments
As is standard during the public comments portion of the meeting, several topics were discussed and brought up by different members. Rather than present the comments in chronological order, I have tried to group them together according to topics.
Ex-director Carmen Brodnax began this section of the meeting by expressing her dissatisfaction with the management report. She was concerned that current contracts and discussions were not reported on and that, although she is glad that Director Lauri is willing to involve himself in the improvement of the Bar & Grill, she feels that Preferred Management is not doing their part in this matter. Brodnax also mentioned her concern that there are still recommendations from last year’s committees (specifically the Real Estate Committee) that have not been acknowledged or acted upon. She stated that while we know we are getting professional guidance from our lawyer (eliciting many groans from the audience), Preferred Management does not seem to her to be giving us our money’s worth.
Brad Jones replied by explaining that, since the board is just getting started for the year and has not taken any action on those items, there is nothing to report. He pointed out that as a former director, Brodnax should know the format and purpose of the management report is to update the homeowners on actions that have been taken, but that lack of new action on particular items does not mean that they are not doing work on them. He also noted that the lawyer talked about the real estate issues at the Annual Meeting and that we are waiting on information from him to proceed with addressing committee recommendations. Director June Solla interjected that there were items discussed at the workshop that were not on the agenda, and Jones answered that the board could have put those on the agenda. Ex-director Margaret Fitzgerald asked if the membership could get a copy of the management report. Jones said that he thought that could be done, but that he would have to consult with the board on how and when to provide that to those who are interested.
Joseph Olall (also an ex-director) added that he felt that Preferred Management should have had an explanation of the $4k variance shown in the financials for Waste Management, and that he feels that Preferred Management is shirking their responsibility to run the CC by allowing Director Lauri to take on this project and that the responsibility should be on the management company to bring these costs into line. Lauri replied that it is the responsibility of management to use all their resources to improve our community, and that they are doing exactly that by allowing him to use his expertise (for free) to help them identify and address those problems. Olall added that he understands that the Bar & Grill will never make money, but that there is a need to set tolerable limits to what it will cost the community. Buz Whelan agreed to the need to set acceptable limits to CC costs and said he would look into the Waste Management variance. Manager Kennedy then described the actions that she has taken in the CC to bring these costs under control, including the release of employees, the building of the POS database, and several changes in procedures. She noted that it is a long way from where they began last spring, but that there is much more work to be done and, with patience and time, we will see results.
Lee Marsland described an evening at the CC wherein a member arrived intoxicated and how the staff did a good job of handling the situation. The member was not served additional alcohol, and was escorted outside and one staff member even relieved the member of her keys. Marsland suggests that training the staff on these situations will protect them and the Association.
Bob Leon said that during the previous night the CC was “packed” and that staff member Lisa did a terrific job of managing the crowd, but that staff allocation should be considered. He said the bar was crowded and there was a large group in the dining room, but that the pool area was completely empty. He also noted the fire extinguisher in the kitchen hallway is not charged and would be useless in an emergency, the bar code reader in the front does not work and hasn’t for some time, and there are often several staff and their friends “hanging out” by the front desk, but only some are working there. Gilda Spiotta suggested that First Aid training be included in the general training of the staff since some conditions mimic the symptoms of intoxication.
Spiotta then read a letter to the board concerning the incursion of a large family of beavers at the lake near her home. She described the many health and safety concerns presented by
this infestation and asked the board to consider removing them. She pointed to ELA’s stringent rules protecting our trees and said that if this concern is real, then the beavers cause much damage to those very same trees and should be removed. There followed a general discussion about previous actions the board has taken, and Millie Bishop told of a time where the beavers were removed and this also damaged the lake ecosystem and the board had to go out and purchase beavers to restore the lake. Mario Balzano opined that we need to prioritize wildlife removal and that he believes delinquent members of the Association should take priority over the removal of the beavers. The board needs to investigate the problem and find a balanced, suitable solution. Diane Caldwell suggested bringing in an Audubon Society representative to consult on this situation. Linda Shuey echoed Spiotta’s concern, adding that beavers spread bacteria that endangers members who swim in the lakes.
Bill Crowley described a night when his home alarm system was tripped and he contacted Public Safety. He felt that the officer did not respond properly to his concerns and that the community is unclear on their role. He would like the board to clarify the process of communication, execution and expectations for Public Safety. Judy Kennedy responded that the officer was a new employee, he was reprimanded and that he should expect to be contacted by Chief Cruz to clear up any misunderstandings.
Pat Galderisi (also an ex-director, from many years ago) chastised the board about the technical aspects of holding a meeting and what she felt was the board’s failure to “ratify” 3 votes taken at the workshop. There was some discussion about whether or not a vote had even been completed, and some board members looked confused as to why the matter was raised since there is no mechanism for ratifying a motion that has failed, and further, ratification of a vote is only necessary when an item needs further action from the membership to complete the approval process. The issues in question were a failed motion to approve a member’s application to build on a lake, and the failed motion to accept Alex Leslie as treasurer upon the resignation of Millie Bishop from that position. Since no action was taken, there was no motion to be ratified. Perhaps this was an attempt to humiliate Director Alex Leslie who has served our community for so many years and, in doing so, has stepped on the toes of those involved in the questioning of this matter? In another attempt to publicly “catch” the board in a technical mistake, Ms. Galderisi asked if the revision to the 2013 Annual Meeting Minutes had been made so that they could be approved by the membership. The changes had been made and it was pointed out that they could not be approved until next year’s annual meeting where, according to President Glasgow, both 2013 and 2014 Annual Meeting minutes will be presented for approval. Galderisi also stated that the delay in answering her earlier requests to the board is “bordering on obstruction” and, when told that the lawyer had not yet replied regarding her requests, she stated that if her request generated a lawyer’s review and billing then she expected the official answer to come to her in writing.
In addition to his observation that there may be a delay in the third quarter billing, ex-director Earl Frank also gave the F&P Committee recommendations to the board. They include creating a guideline for the community’s investment strategies and a monthly breakout of legal fees to indicate what issues are being addressed and their associated costs. Flo Mauri (you guessed it – another ex-director!) passed on recommendations from ELDAS members, made at their most recent meeting. These were to look at the Association’s insurance policies to see if they will help defray the deficit in our reserves account, and to create an Ad Hoc committee to investigate the destruction of Association records. Mauri also said that the she was happy to see the “tone” of the board was improving from the confrontational one she saw last year toward Preferred Management. Other members, including Linda Shuey and Kevin Marsland agreed with this sentiment.
Stefania Johnson, speaking for the Events committee, informed the audience that the “Dancing with the ELA Stars” event had to be cancelled, but that she looked forward to seeing members attend the upcoming Haunted House and Halloween party events in October.
Welcome of New Members and Adjournment
The last order of business was to welcome the new members. Diane Caldwell informed the members that there were 13 foreclosures sold, 6 new properties sold and 13 newly foreclosed properties in the past month. The meeting was adjourned at 11:32.
(Editor’s Note: Thank you to Eileen Avrich and Gilda Spiotta for sharing their notes and observations of the meeting with me. This was a lot of information!)
Your Kids: Making Sense of This Madness
Lola Lauri
We are in the midst of an unprecedented manhunt, and our kids are hearing lots of frightening things about it. Some may have no idea what is going on, and some may know way more than you would like, but one thing is certain; when they return to school, they will talk and everyone will know more than they did before. And even if you think your child remains unaffected, you may be surprised. My neighbor just told me that she thought her son was fine until he took his BB gun out in the driveway to meet his uncle “because it made him feel safe.”
So how do we talk to them in ways that will make them feel safer? I have some ideas to suggest, and I hope you might consider them and share your ideas as well.
Kids need to hear about the situation and the way adults are dealing with it in ways they can relate to, so I believe that it is helpful to find situations that they have been in to explain the actions of others.
When your children ask why they have to stay inside, ask them if they think it is easier to do some really hard homework in a quiet room or in the middle of a party. At a party, while they are reading, part of their brain is listening to the music and they are also probably watching the kids playing ball out of the corner of their eyes. They can smell the yummy food and feel the vibrations from the other children moving around. Their brain is doing a lot of things at once and can’t work completely on the studying. For the police, they need to use their whole brain and all of their senses to find this man, but they can’t do that if they also have to worry about who is playing in the yard and who is hunting in the woods and who is driving to the store. We help them do their job by staying out of the way so they can focus on keeping us all safe.
If your child wonders why the police can’t just run into the woods and grab this guy, tell them that one thing police officers have to be is really smart hunters. And really smart hunters do not just run into the lion’s den and start attacking. Ask them if they think they could close their eyes at home and still find the bathroom. Of course they could. And if a friend came over who had never been to the house before, and they also closed their eyes and your child and his friend both raced to find the bathroom, who would probably get there first? In any game of hide and seek, the person who knows all the hiding places is at an advantage. Then tell them that the very smart hunter does not go into the lion’s den without first learning all the hiding places, so the police have instead surrounded the hiding places and are moving very slowly and carefully so that they don’t miss a hiding place.
Children who are worried about returning to school need to hear that all the teachers and the principals and other adults in the building are all working on a plan to make sure that nothing bad can happen to the children when they come back. Remind them of the fire drills and weather emergency drills that we have had in the past. Those are all different kinds of plans to keep the kids safe. But this is a new situation, so the school and police are working on a plan and, until they are absolutely sure that they have a really good one, they will not open the school and when they do open the school, it is because they have done a lot of work to make it work.
The reason we have police is to stand right between all of us and the “bad guys”, and the fact that you can see them right outside the door this week only means that they are doing exactly what they are supposed to do, and we are very lucky to have such smart and brave people willing to keep us safe. They are experts in making plans and finding ways to protect us, and the very best thing we can do to help them and help keep them safe is to follow directions quickly and stay out of their way while they do the job they are so good at doing.
August 23, 2014 Annual Meeting
Lola Lauri
Audit
This year’s annual meeting opened with a bombshell report from the auditor. A scheduling conflict meant that Auditor Scott Miller of Riley and Company had to give his report via cell phone, held up to the microphone for the audience to try to understand. This less-than-ideal situation left the audience straining to hear and the auditor was unable to answer questions clearly during his presentation. He noted that discrepancies between the number of lots in the association and the number of lots that are being billed prevent them from rendering an opinion on the financial statements of our Association. This is the “Clause 15” problem that the board has been recently investigating. At issue is the status of certain lots that may or may not belong to ELA. When asked if he saw any indication of impropriety or foul play, Mr. Miller stated that he saw none, but that he is not a lawyer and so could not make a determination on the matter. Many members were upset that the auditor was not in attendance and felt that the meeting should have been rescheduled to allow him to be there to explain this situation more fully and to answer questions. Board President Alex Leslie, Manager Judy Kennedy and Treasurer Earl Frank all agreed that the Board will need to focus on developing an accurate membership list and determine the steps necessary to collect dues from all appropriate members. Mr. Frank predicted an additional $50k in legal costs to address this problem.
President’s and Manager’s Reports
Alex Leslie and Judy Kennedy also discussed the highlights of their work over the past year, including the selection of a new lawyer, accounting firm and management company. New maintenance equipment was acquired at a cost of $103k. The rebuilding of the equipment shed is in progress. There are extended hours at various amenities, and staff and procedural changes have been put in place at the Community Center. They have begun addressing drainage concerns and road patching and repair work will continue into the fall. They have also instituted walk-in hours for members to talk to management at the Administration building on Wednesdays from 1:30 to 3:30 and by appointment on Saturdays from 10 to 2.
Treasurer’s Report
Earl Frank reported that the past year’s dues collected were the second highest ever, at $1.404m, including $184k in delinquencies. Operations expenses were $1.501m which was 6% under the budgeted amount. The Emerald Grill came in at $89k in expenses and $67k in revenue, for an overall cost of $22k. Our reserves are at $459k, but should be closer to $1.6m.
Lawyer’s Report
Our lawyer, Ed Hoffman introduced himself and described four issues that he would be focusing on for the Association. First, title search and forensic examination of documents to determine the actual lots for purposes of voting and assessments. Second, bylaws amendments, including an allowance for absentee balloting, Powers-of-Attorney and proxies. Third, the examination of fishing and conservation policies, specifically regarding ice fishing and possible liabilities to the Association. Fourth, the matter of real estate policies regarding the possible restriction of short-term (less than 7 days) rental of properties and the relation to Fair Housing and discrimination laws. In response to a question by Pat Galderisi, he also described the difference between various governing documents for our community. He called our covenants our controlling documents, with functions that are similar to the U.S, Constitution, but specifically for our community. Next in authority are the bylaws, which govern internal operations, then the Rules and Regulations which cover day-to-day functions and set procedures for collections and fines.
When asked how our collection policies and collection rates, Mr. Hoffman stated that ELA has a different lawyer for collections, but that he believed the procedures were being followed. Brad Jones, of Preferred Management steeped in to add that the national average for collections was around 85% and for communities of our size between 80 and 82%. When asked why we don’t hire a different lawyer for collections, he responded that while this is something we could do for future accounts, all accounts that have been turned over to the current lawyer had to remain with him until collected. This is standard procedure for all collections because the holder has already incurred costs in trying to resolve these accounts.
Discussion
At this point, the floor was open for discussion of the recommendation to ban smoking at the Community Center and the dues increase proposal. Each speaker was allowed 2 minutes to discuss the issue, with up to 5 speakers allowed to argue for and 5 against each proposal. There seemed to be little interest in the smoking issue, with only one person willing to stand for each side. This was not true for the dues increase, as many speakers lined up to be heard. Those against the increase cited the discrepancies in the audit, the lack of information about what the additional funds will be used for, and the lack of proper management as reasons to reject the proposal. Speaking for the increase, members pointed to the need for repairs and upgrades to our amenities and services to maintain property values and account for increased costs.
Election Results
Finally we came to the election portion of the meeting. This year, in addition to the four slated candidates, four people chose to run from the floor. These were Carmen Brodnax, Diane Caldwell, Earl Frank and Joseph Olall. Beginning with the candidates from the floor, each candidate was given four minutes to make a speech to the attendees.
In the end, Robert Lauri and Buz Whelan were elected to three-year terms and Diane Caldwell was elected to a one-year term. The dues increase did not pass and the smoking recommendation did pass, banning smoking at the Community Center at all times and in all locations . Currently smoking had been allowed from 8pm to closing in the bar room only. At the organizational meeting held by the new board, Daniel Glasgow was chosen as President, Robert Lauri as Vice President, Millie Bishop as Treasurer and Diane Caldwell as Secretary. Below are the vote counts:
194 total ballots cast
181 ballots were valid
Robert Lauri (99 votes) and Buz Whelan (95 votes) each gained a 3-year term, and Diane Caldwell (70 votes) gained a 1-year term.
Joseph Olall (66 votes), Earl Frank (58 votes), Bob Leon (55 votes), Carmen Brodnax (54 votes), and Connie Simpson (21 votes) were the rest of the candidate results.
The dues increase did not pass (134 No, 58 Yes)
The No Smoking Resolution passed (136 Yes, 48 No) (This means there will be no smoking in the CC).
Fifty Plus Club to Invite All Adults
by Buz Whelan
The Emerald Lakes Fifty Plus Club, heretofore open only to those over 50 years of age, has announced plans to welcome all adults to its meetings and events. At their regularly scheduled meeting on Friday, August 1st, members voted unanimously to open the club to all Emerald Lakes adults. They have also voted to rename the club the Adult Club of Emerald Lakes. Club Chairperson Eileen Avrich wants everyone to know that, “The Adult Club of Emerald Lakes will provide an opportunity for adults (21 and over) to enjoy friends and neighbors in a relaxed, friendly social atmosphere at meetings and events.”
The club will continue to meet on the first Friday of every month at 12 noon in the Community Center. Members pitch in $5 each for lunch and door prizes which are traditionally raffled off after the meal. Almost any topic at all is fair game for discussion before lunch is served. The club also organizes trips to museums, concerts, plays and sporting events. As an example, members recently attended a Rail Riders baseball game in Wilkes-Barre. On Sunday, October 26th, the group is planning to attend a matinee performance of “Mama Mia” at the Scranton Cultural Center (tickets are still available). In the past they’ve had trips to places as diverse as the Gettysburg Battlefield National Memorial and Atlantic Avenue in Brooklyn. Most trips originate as suggestions from members and discounts are often part of the package.
If you are over 21 years of age and available to attend meetings occasionally or regularly, just show up at the Community Center on the first Friday of any month. You can also call Chairperson Eileen Avrich @ (570)643-2917
(570)643-2917 for more information. There is one teensy caveat. While most of the members are parents and grandparents who love children dearly, this one’s for the grownups, and attendees are asked not to bring the kids.
Meet the Candidates, August 2, 2014
Lola Lauri
(Ed. Note: In the interest of full disclosure, I remind our readers that I have been married to Robert Lauri for nearly 20 years, I am partnered with Buz Whelan in this blog and have been good friends with him for years. Bob Leon and I share a love of communication and have worked together on the ELA communications committee and on the Facebook page, and we live so near to one another he can smell what we barbecue for dinner, and I liked Connie Simpson’s ideas enough that I supported her candidacy last year in this blog. I am in no way an unbiased reporter, but I am also all we have here at ELFP. I will attempt to simply report what the candidates said as I heard it, but cut me some slack here, and make of these relationships what you will.)

Our Meet the Candidates session began at 9:30 in the bingo room at the Community Center with four candidates and about 30 members, eager to hear what these folks have to offer our community. The candidates were (in alphabetical order): Robert Lauri, Bob Leon, Connie Simpson and Buz Whelan. Prior to the opening, members were given index cards on which to write their questions which were then handed in, sorted and read by Carol Litwienski (aka Cookie) and Joseph Olall. Each candidate was given a chance to answer, with the order of the responses rotated for each question.
Communications
All of the candidates discussed the need for improved communications throughout our community, with “transparency” being the word of the day. Robert Lauri promised to make communications the centerpiece of his tenure. He pledged to use all venues available (meetings, email, Facebook, ELFP, Emerald News) to not only inform members of what is going on, but also to listen to them. He decried the abuse of Executive Sessions by the current board and promised to put a stop to its overuse. Bob Leon discussed the differences between the web page that he created and ran for the community and the new system we have today. He called the internet a “living, breathing” entity but stated that the current webpage is dying through mismanagement and disuse. He suggested that there are many modes of communication that we haven’t even considered but should, including a private radio broadcast, handouts and even home visits to bring members the information they need to participate in the community. Connie Simpson brought up the new Terms Of Service on the ELAinc web page and said that these must be removed. She said that lack of communication causes rumors to fly and distrust to grow. Buz Whelan pledged to “shine a light” on the work of the board rather than to hide behind executive sessions (as the current board seems to do so often). He directed members to the work he has done here at Emerald Lakes Free Press, which contains an archive of information and articles about the meetings and actions of the board and the committees of ELA.
Maintenance
Maintenance was also a hot topic, with the roads, the dam valve, the Community Center and other parts of our infrastructure being the focus of many questions. Bob Leon pointed to other lakes in our area and suggested that we follow their lead and drain Pine Tree Lake to determine if there is actually a leak and its extent, before proceeding with expensive repairs. Connie Simpson said that the engineers and management need time to figure out the exact scope of work that needs to be done and when the cost comes back, there may be need for an assessment to complete those repairs, but that it must be done. Buz Whelan mentioned that a “collar” can pull back the water and allow the engineers to look at the dam, but that we need to move forward on this. He reminded us of the story of the little Dutch Boy who put his finger in the dyke and that “these things do not get better” with time and that we must act before the problem becomes even worse. Robert Lauri agreed and pointed to other parts of our infrastructure that also needed action, including the HVAC in the Community Center and the roads. He also pointed to the snow removal equipment that is sitting in the maintenance yard uncovered since winter ended, the unsealed cracks in the road that lead to greater repair costs each spring, and the lack of direction given to our plow operators that add to road deterioration.
Dues Increase
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Connie Simpson was the only candidate to come out solidly against the dues increase. She is not for an increase until she has a “list of where the money will go.” She is a fan of directed funds, meaning that an increase must be directed to a specific problem and only be spent on that. Buz Whelan pointed out that our finances are not a secret and are available to any member. He even offered his phone number and said he would be glad to explain the numbers to anyone. He supports the dues increase and told the audience that the “very diverse” Finance & Planning committee recommended it unanimously and the board endorsed it in a 6-0 vote (with one abstention). He said that not one of these people, who have studied this problem extensively, opposed it and so the need is clear. Robert Lauri reminded the group that the last dues increase included money to be directed to road repairs and that a separate line item was created for this purpose. For this increase, $100 will go to the reserves fund and $100 to the general operating fund. He mentioned the price of gas has more than doubled in the 13 years since he came to ELA and other prices have risen as well. ELA, he said, is not immune to these increases and the membership needs to make a choice as to what kind of community they want, but that $17 a month was not unreasonable to help our community move forward. Bob Leon supports the dues increase and would like to see some portion of the increase go to taking care of our employees. He suggested that our staff is one of our greatest assets and they need to be retained. He also pointed to the renovation of the administration building conference room as an example of money that should have been spent in the Community Center where it could have benefitted all the members rather than the few who attend meetings there.
Absentee Balloting
All of the candidates support this measure and expressed dismay that it will not be on the ballot for this annual meeting. Leon, Simpson and Whelan were on the bylaws committee that proposed this change and were all unhappy at the delays by the board that kept it from going to the membership. Buz Whelan said that your vote is your most important right in this community and he proposed a special meeting, with an extended voting period over a full weekend, to present this issue to the membership and to allow as many people as possible the chance to vote.
Youth Programs
Buz Whelan said that when we had an Association-sponsored youth program, it cost a great deal of money and was used by only a very small fraction of the families in the community. He says that the children, who are in need of supervision, the “bad” kids, will not attend such a program anyway. He does support a parent-based, self-sustaining program and believes that the board should be willing to help them create this. Robert Lauri discussed the Boy Scout Troop that he ran in Emerald Lakes. He says that there was no support from the board at all, that they were “basically thrown out of the building” during a cost cutting phase of the board. These young EL citizens were involved in EL clean up, elderly assistance for winterizing, and participated in the annual meetings. He told the group that even the plaques won by the troop for camporees and competitions were given back to him and he was told there was no place to hang them in the Community Center. He does agree with Buz that without parental involvement, any youth program is doomed to failure. Bob Leon suggested that Emerald Lakes needs a community equivalent of a school’s PTO. He says that parents could be recruited right from the bus stops. He also pointed to our communication issues as a roadblock here. When he ran the web page, it was very difficult to get any information about which groups were meeting in our Community and thus many opportunities to increase involvement were missed. Connie Simpson believes that serving the children of our community is important and would like to see the Community Center made more kid-friendly, with more after school events and a kids’ menu.
Term Limits
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When asked if board members should have term limits, Robert Lauri said no. He referred to a baseball Hall of Famer and said, if you have a Joe Torre, why would you want to make him go away? Bob Leon was less sure about this issue. He pointed to the lack of participation in committees as the reason why some members are on many different committees. With the lack of human resources, term limits do not make sense right now, but he allowed for the possibility of a day when many people are clamoring to serve the community and, in that case, we may need term limits to give everyone who wants it a chance. Connie Simpson supports term limits and believes it will guarantee that the community gets some “fresh faces” and presumably, new ideas. Buz Whelan said that the annual elections already serve to limit the terms of people that the membership wants to remove. Limits would take the power of choice away from the membership.
“Clause 15” and membership

The “Clause 15” issue addresses the status of properties that are not legally tied to Emerald Lakes through declarations on the deed, but are located within its borders. The candidates were asked how they would approach this problem. Bob Leon sees this as an opportunity to add an additional level of membership to the community by allowing them to pay dues and use the amenities for a fee, but not become voting members. He suggests that we might consider opening some of the amenities to people outside of ELA for a fee as well, as a way to raise revenue. Connie Simpson opposes opening our amenities to non-ELA members and suggests simply offering the involved properties the opportunity to amend their deeds and become full-fledged members. She also believes that ELA identification cards should be color-coded to identify renters versus members. Buz Whelan says that the first step is to properly identify the properties without declarations and then offer them the opportunity to join, permanently. Should they choose not to join, they would not be entitled to vote and the association would bill them for services (for example, road usage and lake maintenance). Robert Lauri says that the database must be examined with a fine toothed comb and cleaned up completely. He also mentioned that enforcement, meaning policing the use of the amenities by these people, would be very difficult.
Community Center and Amenities
When asked if the bar and grill should continue to operate, Connie Simpson said yes, but that the menu should be pared down and the prices need to be considered more carefully so that it does not ever lose money. She says that there is a great chef in place and that it should be able to operate successfully. She also suggested that the name be changed to something “more friendly”. Buz Whelan reminded the audience that during his prior tenure on the board the bar and grill was budgeted to cost $40k per year and that he and Robert Lauri found that to be an unacceptable figure. They brought in a Point-Of-Sale system to track sales and control inventory and shortly thereafter the place was operating at nearly the break-even point. Now, he says, something has clearly gone wrong and it seems that no one is addressing the problem. Robert Lauri picked up this point and added that it has been an ongoing issue and he can’t understand why no one stepped in the first time a report showed a large loss. Instead, it continued month after month, with no credible explanation and no apparent action taken. He pledges to use his experience in management to not only address the proper use of the POS, but to undertake the training of the staff, and he believes that, if run properly, the Bar and Grill can become the shining centerpiece of our community. Bob Leon says that the treasurer’s reports are consistently misleading since income and expenses are reported without taking the inventory on hand into account and that this paints an unfairly negative view of the bar and grill. He also mentioned that frequent disruptions of the schedule and plans for events sabotage the possible success of this amenity; the only one we have, he points out, that actually brings in revenue.
Candidates Running from the Floor
After the written questions were asked, the floor was opened to the audience and new member Kevin Marsland asked about the possibility of candidates running for the board from the floor at the annual meeting. He wondered if the candidates believed this option should be taken away. All the candidates agreed that this option is needed, but only for special circumstances. Some believed that incumbents should be denied this option completely. Robert Lauri sees this issue as a double edged sword since all candidates should be willing to “stand up and take the bullets” at Meet the Candidates, but a grievous act could necessitate someone exercising this option. Bob Leon pointed out that, with absentee balloting, running and gaining office from the floor would be nearly impossible since votes would be cast before the meeting began. Buz Whelan explained that when he ran from the floor for his first term, there were special circumstances and he felt justified in doing so. Whelan was fired from the Emerald News because he had investigated and tried to report on what was eventually deemed a justifiable shooting in our community. He felt that the board should not be able to filter the news that reaches the membership and tried to participate in the Meet the Candidates that year, but was denied because he had not filed his intent-to-run form before the deadline set by the committee. In his case, running from the floor was not an impulsive act or an attempt to dodge questions from the membership, but a necessity due to circumstances occurring after the deadline.
Other questions from the Audience
Based on concern over the rubber-stamping of signatures on checks that allows deniability on the part of board members, Pat Galderisi asked if each candidate would be willing to provide a social security number to the bank and be willing to physically and in-person sign checks written on the ELA account. All the candidates agreed.
Darren Johnson pointed to what he believes to be inappropriate behavior of current board members and asked that the candidates take a “pledge of civility” and be willing to follow appropriate chain of command in addressing problems or issues with the staff. There was no disagreement from the candidates that board membership requires reasonable behavior, but both Robert Lauri and Buz Whelan explained that sometimes there is a need to step in and address a situation immediately, but that there are proper ways and times to do this. Whelan’s analogy was that if there is a fire, one should “pick up a hose, even if you are not a fireman.”
Citing township practices, Joseph Olall asked if the candidates would consider making public a “bill list” each month to inform the community of where money is being spent. Connie Simpson said yes, and Bob Leon agreed, with the exception of the salaries of our employees. This devolved into a general discussion of whether or not our employee salaries should be confidential, with several people stating opinions. Buz Whelan said that we should not break confidentiality with our employees in this way and Robert Lauri said he agreed with half of what Mr. Olall was suggesting, but that this level of detail would become tedious month after month. Buz Whelan also reminded the audience again that the financial details of our community are not secret and that anyone who wishes to see this information need only go to the administration office to get it.
Community Needs
When asked to summarize what our community really needs, Buz Whelan stated “A fresh coat of paint.” He explained that he meant this in more than just the literal sense. He says that while we (of course) need to take care of the big issues, attention must be given to the little things as well. He pointed to the new floor in the Community Center as an example of a relatively small project that brought a big change to the appearance of the building. Small renovations, upgrades and remodels, even a truckload of sand on the beach, can go a long way toward building the appearance and enjoyment of our community. He also announced that since lowering the temperature of the pool did not bring the savings that some had hoped, he now supports raising it again to 84 degrees for the comfort of the people who use it and have asked for it. Robert Lauri said that we must work on the perception of the board from the members, who see directors as a secretive, petty group that is not focused on what is best for the whole community. We need to build trust, let go of past disagreements, and create a feeling of pride in our community. He cited his work on the Community Center during his previous term, including the resolution of the issues with the Liquor Control Board, obtaining permission for private groups to use the kitchen for events, and the purchase and setup of the POS system, and said that he would like to continue this work to improve the services offered at the Community Center, which he called the “Jewel of our Community”. Bob Leon picked up on Whelan’s fresh coat of paint theme and mentioned what he called a punch list of little repairs in the CC and throughout our amenities. He wants to address the “nickel and dime repairs” that can improve the quality of our members’ experience in the Center. He also called for some additional winter recreation activities, including a sledding hill that is available in the community, but not publicized or maintained. Connie Simpson believes that what the community needs most is honesty and transparency. She says that distrust costs us money and members should not be left in the dark as to what the board is doing and why they are doing it. She agrees with the other candidates that our amenities need to be updated.
Well, there you have it. What was scheduled to be a two-and-a-half hour meeting ended after nearly four hours of questioning, and the candidates graciously and patiently stayed until everyone had a chance to voice their concerns. My fingers were cramped from taking notes and my posterior was numb from sitting for so long, but I tried to provide comprehensive coverage without being overly detailed. For those of you who could not attend, I hope this paints a clear picture of these candidates’ positions. For those of you who were there, if you feel I have left out something substantial or mischaracterized someone’s statements, please let me know in the comments section below or on our Facebook discussion page.
Finally, a special thanks to Eileen Avrich for her comments, editing and suggestions on this article. She agreed to help because my usual guys for this job (Buz Whelan and Robert Lauri) were unable to do this due to the obvious conflict.
July 26, 2014 Monthly Open Board Meeting
by Buz Whelan
The meeting was unusual in that the time and energy of the Public Comments section greatly overshadowed that of the prepared agenda items. What is normally a brief and uneventful portion of the meeting was instead characterized by angry exchanges between board members and attendees.
The meeting was called to order at 9:34am and began with the usual pledge of allegiance to the flag.
President’s Comments: President Leslie said he hoped to see “all of you” at the annual meeting. He added that he was proud to serve as this board’s president for the past year and was also proud of all they accomplished. These remarks brought puzzled looks by many of those in the audience. He concluded by calling for the treasurer’s report.
Treasurer’s Report: Treasurer Earl Frank said that due to the ongoing year-end audit, no financials were available. He further stated that the audit was on schedule and would be completed in time for presentation at the annual meeting. He said that to his knowledge, thus far no irregularities were discovered.
Manager’s Report: GM Judy Kennedy wished all the candidates for this year’s election good luck. She expressed the hope that all would have a mindset to work with management. Ecological Solutions will be treating Deer Lake Tuesday, July 29th. Public Safety will be putting stickers on illegally parked cars warning of towing if not moved and that, if the warning was ignored, towing would follow. Director Fitzgerald then interrupted, asking a question about Ms. Kennedy’s credentials. This forced Ms. Kennedy to discuss a procedural difficulty caused by her recent name change (Fitzgerald’s question elicited personal information inappropriate for a public forum. I’m uncomfortable having to write even that much on the subject). Ms. Kennedy also responded to another question from Fitzgerald, assuring the board that she is working with the new attorney in helping to get him acclimated to our particular situation and set of problems.
Committee Reports: As is the usual case leading up to the annual meeting, the Maintenance Committee, Finance & planning Committee and the ad hoc Committee to Revise the Bylaws will not meet again until September.
Reporting for the Events Committee, Chairperson Stefania Johnson reported on a very successful Sock Hop/Classic Car Display/Drive-in Movie event held the night before. She announced that Dancing With The Stars is being moved from August 16th to September 27th. Ms. Johnson then reported that the Adult Night, scheduled for August 23rd at the outdoor pool would be moved to the Community Center. This is due to inadequate lighting at the pool that would cause the event to be terminated prematurely as twilight fell. She was stopped by GM Kennedy who said that the board would have to approve the move. Alternatively, the date of the event could be changed. Stay tuned.An Octoberfest celebration is in the planning stage with a date TBD. Halloween falls on a Friday this year. That night there will be an adult costume party at the community Center. A kids’ party will be held at the center the following day.
Speaking for the Nominations Committee, Chairperson Cookie Lietwinski reminded all that Meet the Candidates will be held at 9:30am, Saturday, August 2nd in the Community Center. She will act as moderator of the question and answer event.
Liaison Carmen Broadnax reported that recommendations by the Real Estate Committee were being considered.
Old Business
–Clause 15 – Attorney – Second Opinion Newly engaged attorney Ed Hoffman is now studying the “Clause 15” properties and problems thereof. This is the same problem that attorney George Hludzik had been studying for the last year.
-Bylaw Changes The new attorney is also studying the bylaw changes submitted to the board on January 25th last, and which had been under review by our former attorney since then. Therefore, there will be no bylaw revisions on the annual meeting agenda.
-Variances The new attorney blah, blah, blah.
New Business
-Resolution #45 – Equipment Purchase A total of $103,000 was appropriated for the purchase of a tractor, mini excavator, roadside cutter and equipment trailer.
-Resolution #46 – Tax Appeal – Reclassification The board unanimously resolved to seek reclassification of recently acquired properties to class 6 (amenity use, non-taxable).
A resolution was offered and then withdrawn on approving a form for beach usage by members for group activities such as parties. The consensus was that individual forms were not properly handled through official resolutions.
Public Comments
(Author’s note: The public comment section of the meeting was somewhat chaotic in that members raised issues that were briefly discussed, abandoned to new topics and then re-addressed. Instead of attempting to present these in the normal temporal order I have grouped them by topic. Where possible there are quotes, but conversation was often so fast and furious I can only characterize it.)
“Clause 15 Properties”: Pat Galderisi, who has done considerable research on these properties and the problems they present, spoke at least 4 times on the subject. She is frustrated by the lack of action by the board and attorney. She pointed out that she worked with then-board Secretary Carmen Broadnax last summer and that the fruits of that labor were turned over to the board. Apparently there was considerable detail in the report and a great deal of effort was involved in putting it together. Ms. Galderisi emphasized that grouping all problem properties under the “Clause 15” nomenclature was misleading. Some properties were designated as Emerald Lakes only until a specific point in time, such as 1987. Other properties do not have declarations attached to the deeds, and while they are located in Emerald Lakes geographically they are not technically (or officially, whatever) part of the association. In many of these cases owner/residents pay dues and enjoy the full benefits of membership -including voting at annual and special meetings. This ‘voluntary membership’ is not permitted under our bylaws and Pennsylvania Act 180. Galderisi cautioned Judge of Elections June Solla that she must take care in ensuring that non-members, whether dues-paying or not, are not allowed to vote. Carmen Broadnax asked that Pat give the Judge of Elections a list of these non-member dues payers. Galderisi responded that she had given all the information to all the board members and was not about to duplicate the effort. She demanded that the board prepare a list from the information they already had. Other members, for instance Flo Mauri, also contributed to this discussion/debate that flared up again and again throughout the comment period. At one point President Alex Leslie said of the issue, “This board will see it through. You have my word.” When asked for a deadline, Leslie declined to provide one.
Staffing: Member Kevin Marsland questioned why, when a huge event was underway at Pine Tree Island Beach on Saturday, July 5th, the Community Center was also open and fully staffed. He complained that this was not an efficient use of resources, since very few members utilized the center while over a hundred were at the beach. GM Kennedy, thrown under the bus by board members, tried to justify the decision by saying that the center normally stayed open during past external parties. She was apparently given this incorrect information by board members, though none stepped up to shoulder responsibility. Events Chair Stefania Johnson corrected the misinformation, and member Buz Whelan pointed out that the board has dominion over all amenities and can open or close them at their discretion. Examples given were the comedy shows and the cabaret night where paid admission was required. Whelan also cited the fact that the CC was once open 7 days a week, and though it is open Wednesday nights during the summer, it was closed Wednesdays during the Winter. To a director’s comment that the beach event was successful (so what’s the problem?) a number of members protested that voluntary actions by members were responsible for that success. Flo Mauri said that using the success of the party as justification for pulling staff was totally unfair, since it could not be known that members would step up and, in any case, substituting volunteers for staff is poor management (or words to that effect).
Beach Rental: Another back and forth as members pressed for details on large parties at the beaches, most often Pine Tree. Apparently there is no charge per se for the permit, though a $200 refundable clean up deposit is required. There is also a $5 per person bracelet charge for non-members. Questions about size and noise limitations went unanswered. The GM said that even if a party were authorized the beach remains open to members. This seemed a bit disingenuous since huge, noisy parties of any particular group have an inhibiting and intimidating effect on non-invitees, regardless of whether the beach is said to be ‘open.’
Bylaw Revisions: Speaking on behalf of his committee members, Chairperson Buz Whelan voiced his frustration that no bylaw revisions would be on the annual meeting agenda. Not only was the committee specifically charged with developing a comprehensive amendment and procedure for absentee voting in September of 2013, it succeeded in the task and presented both the amendment and protocol for voting to the board at the January 25, 2014 monthly open board meeting. At every single successive board meeting, workshop and monthly open, Whelan asked about the status of the amendment and was told, every time, that the attorney was studying it. Now, said Whelan, we are told that the new attorney is looking at it, and the process is back to where it was in January. Whelan also asked why the question of removing the unsightly property amendment from the bylaws was not being considered since it is hardly a legal question. He reminded the board that an interview with Code Enforcement Office Ralph Musto revealed that not one citation for unsightly property has ever been written based on the bylaw amendment. According to Musto, the issue is more comprehensively covered in the Emerald lakes Association Rules and Regulations, and that is the basis for citations. No answer was forthcoming to the question of why this is not being offered for a vote.
Misfeasance of Board Authority: Member Darren Johnson rose to complain that a board member with a personal vendetta against his wife Stefania used her access to member records to harass her. Apparently, though Darren and Stefania had updated their property deed to include Stefania upon the occasion of their marriage, this information had not yet made its way to the office records. A letter was sent informing Stefania that she could no longer chair the Events Committee since she was not a member of the association. While the Johnsons were able to correct the misinformation, Darren expressed his outrage that access to personal information by a board member could be used to forward a personal agenda. Director June Solla asked President Leslie to make a previously agreed upon statement. Leslie said that the board approved the letter. Johnson responded that this approval was based on incorrect, outdated information.



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