Blog Archives
Update on the Olall Thing
Lola Lauri
[Ed. note: If you have no idea what this is all about, click here and here for the original articles]
Here is a comment we received from Michael V. Gazza regarding our most recent article:
I’m an attorney representing Joe O’Lall. Please be advised that Mr. O’Lall’s record was EXPUNGED pertaining to the events of 2010.
The expungement means that the arrest, charges, and results of this matter cannot legally be held against Mr. O’Lall.
As an internet publication, you can be held liable for printing about his arrest or charges because you failed to also publish that the case was dismissed and expunged.
I am no legal scholar, but a quick internet search shows that expungement is the process by which a person’s criminal record has been sealed and removed from the public record. It means that the person can claim that they were never convicted of that crime when applying for a job. It means he or she can pass most background checks. However, it does not mean that the Men In Black have shown up with their “blinky thingie” and erased all memory of said actions. We are free to remember.
Now here at Emerald Lakes Free Press we are always happy to publish the other side of a story, and we are glad to set the record straight. So, it may be true that Mr. Olall’s record was expunged, and you may make of that information what you will, but now I would like to tell you why I think that this may not be the best approach for getting that information out.
First, while it may be true that Mr. Olall and the courts managed to come to an agreement that they will erase any mention of this episode in their records, we made no such agreement. I can “hold this matter” against Mr. Olall in the same way I hold it against anyone who I feel has wronged me, no matter the legal outcome of a situation. I will use what I know to determine and color my future dealings with this person in any way I see fit. I do not need a criminal conviction to know that Mr. Olall is not someone that I want to deal with in any capacity, based on these and many other actions of his over the years I have known him.
Second, as for the claim that I can be held liable for reporting on what was said in an open board meeting, I don’t see how. It’s true that I wrote the word “arrest” in the original article, and the Board asked me to correct that, which I did, but not having the benefit of a recording device, I wrote as fast as my little fingers could go to capture the important details of what happened at the meeting and I substituted a word. Of course, his arrest did happen, and was reported in the newspapers at the time, so I was not making up something that never happened The article itself was straight reporting of an event. It contained no opinion or commentary on Mr. Olall’s character or history. I simply reported the Board’s statement, and if Mr. Olall has a problem with what they said, he needs to take that up with them, not shoot the messenger.
Third, although there may be an expungement of the records of the events, I cannot understand why a good lawyer would recommend that his or her client bring this matter to the attention of the community yet again. I would think that it might be better to let the whole sad affair fade from memory. But I am not a lawyer, so what do I know?
So, with that in mind, dear reader, here it is – Mr. Olall’s record with the state of Pennsylvania has apparently been expunged. You may continue with your day.
A Tale of Two Homes
By George Haab
There were two lovely homes in a mountain community called Emerald Lakes. Each was owned by families who used them as vacation homes and visited them at irregular intervals. Both homes had alarm systems. One kept his vital information, such as his up-to-date telephone and cell phone information up to date. The other moved several times, changing his numbers and failing to notify his alarm company. The homeowner who kept his information current also gave a trusted full time neighbor a duplicate house key.
One day during a time of extremely low temperatures several transformers blew. Each homeowner lost all power to his vacation home. The power company tried to call each homeowner. They reached the first homeowner and told him he would have to turn off his main breaker before it would be safe to restore power. The homeowner quickly called the trusted neighbor who went to the home and turned the breaker off. He then notified the power company and the power was restored. His furnace, powered by LP by controlled by an electric thermostat immediately went back on – before the house temperature dipped below freezing. But the second homeowner, the one who did not keep his contact information up to date, did not know his heat was off. Soon the temperature dipped very low and all the water in the house froze. The sink traps were split open, toilet tanks cracked, water pipes burst and the water heater was ruptured. Thousands of dollars worth of damage resulted.
The take away from these stories is obvious. Each of these scenarios has occurred many times throughout the Pocono region. Don’t be like the second homeowner. Keep your contact information current with your alarm company and all your suppliers. And think about giving a trusted neighbor a key. That neighbor can look in your home if the alarm goes off or if you’re notified of a power interruption. As the old saying goes, “An ounce of prevention is worth a pound of cure.”
“I Abstain!” Is It Shirking Responsibility?
Opinion
by Buz Whelan
There are occasions when a vote of abstention is appropriate and even mandatory. When minutes of a previous meeting are put up for approval, for example, a member who did not attend that meeting must abstain. When a complicated piece of business has been examined and discussed while a member is ill, that member may not feel qualified to vote in judgment. But when a vote to abstain is cast simply because the voting member does not wish to take a public stand, that is failing to perform one’s duty.
At the July 21, 2013 meeting of the Finance and Planning Committee a discussion centered on the cost of credit card discounting to the association. Whenever a credit card is used in a transaction there is a discount fee which varies with the card and the merchant’s agreement with the clearing house. If you paid your annual dues with a credit card and the discount rate for that card was 3.5%, the association would receive only $965 rather than the full $1,000. At this meeting it was agreed by the committee members to pass a recommendation to the board that whenever a credit card is used to pay dues, the cost of the transaction should be borne by the payer. General Manager Allan Roth was present at the meeting and soon after began seeking a vendor who would cooperate in the charge back. Eventually, he found several and prepared a packet of detailed information along with a recommendation that the company best suited to association needs was Paylease.
Approximately one week before the October 18th board work session, the packets of information were distributed to each director’s mailbox so that they would have time to prepare for the discussion and have any questions ready for the GM to answer. At that meeting, Mr. Roth made a comprehensive presentation, explaining how the new system would work and why he felt Paylease was our best choice. At the conclusion of his presentation a discussion period ensued, with the GM answering all the directors’ questions and concerns. When no further questions were forthcoming, it was decided that a resolution would be prepared for a vote at the next weekend’s open meeting. The meeting then moved on to the next topic.
The following day, Saturday, October 19th the Finance and Planning Committee met in the same conference room. Present as observers were several board members including President Alex Leslie and Directors June Solla and Margaret Fitzgerald. By sheer coincidence, committee member Walter O’Neill asked the GM what had become of the credit card recommendation. Mr. Roth repeated his presentation from the day before for the benefit of the committee members. He again took questions and, as at the previous day’s meeting, the topic was exhausted and the meeting moved on.
We now come to the October 26th open meeting. Secretary Carmen Broadnax reads the resolution regarding the new credit card policy, the chair gets a second and a vote is called. Earl Frank, Millie Bishop, Carmen Broadnax and Dan Glasgow vote in the affirmative. It is now Director Margaret Fitzgerald’s turn. She says she is abstaining because she does not have enough information. The chair calls on Director June Solla who says she is abstaining for the same reason as Ms. Fitzgerald.
To recap, a packet of information has been given to each of these directors. They attended two successive meeting in which the change was discussed in detail. They knew the vote was coming and had a week to seek out any additional information they felt they needed. And they abstained.
The very next vote was to endorse a change order in the amount of $11,000 for additional work needed to resolve foundational problems discovered during road paving. Again, this issue had been previously discussed, again the vote was scheduled a week in advance and again both Ms. Fitzgerald and Ms. Solla abstained.
This is an opinion piece. It is labeled as such, and it is my opinion that these directors have failed to perform their duty. Perhaps they have an explanation that I have yet to fathom. But when detailed information is provided and sufficient time elapses without any effort to obtain whatever clarification the directors feel they need, then they are not acting responsibly.
We elect directors to make decisions. That’s what they are supposed to do. It is their main job. Anyone can make the easy decisions that have little effect on the way the association does business. It is when difficult decisions on complex issues must be made that we separate the strong performers from the weak ones. Here are two examples of very weak performance.
December 14, 2013 Monthly Open Board Meeting
by Buz Whelan
It was a short and sweet board meeting last Saturday. President Alex Leslie called the meeting to order at 9:30 and announced that the proceedings would be recorded due to the absence of the recording secretary Roxanne Chumacas. Present were the GM, the President, Vice President Dan Glasgow, Treasure Earl Frank, and Directors Millie Bishop and June Solla. Absent were Secretary Carmen Broadnax and Director Margaret Fitzgerald. Leslie also pointed out that since the recording device being used had a one hour capacity, the meeting would have to be limited to that time.
As he made the President’s Comments, Leslie thanked June Solla for her work in organizing the Veterans’ Day ceremony. He also thanked the GM for his and the maintenance staff’s efforts in keeping the roads drivable during the late Fall storms we’ve had. This was accomplished in spite of equipment problems that presented challenges in addition to the snow and ice.
Treasurer Earl Frank also kept his remarks brief stating that revenue exceeded projections by about $34,000 while the overall budget was under by approximately 10%. This in spite of the fact that the bar and grill are approximately $14,000 over costs. We have collected in total $1,093,000 in dues and other income which is on a par with the previous year. The reserve fund stands at $262,000, with new capital reserve at $10,000 after the paying of the paving for the compactor.
General Manager Allen Roth reported that with the current snowfall expected to be substantial, he had a shift that would continue to midnight and then would be relieved by a shift beginning then and continuing into the next day. All equipment is (was) currently operational. He also reported that he had put out an RFP for a new auditor. In response to a question from the November meeting, he told the room the association currently bills 1,633 improved lots (homes) and 349 unimproved. He also announced that the Emerald News would be delivered to the community on Friday, December 20th.
Under old business a report on Clause 15 properties was postponed due to the absence of Secretary Broadnax. In response to a question, the president explained that these are properties that are within the borders of Emerald Lakes but whose owners opted out when the association was established. According to preliminary opinion of counsel, these properties may be obligated to join the association and pay dues since they enjoy many of the services provided. More on this will be revealed next month.
Only one engineering firm has so far expressed interest in the Pine Tree Dam Valve and evacuation pipe repair project. Ace Engineering has offered to provide divers to determine the precise scope of work. According to GM Roth, the current leak may not be as severe as previously believed and, therefore, the time frame for repair may be more like five years than two or three.
There was a third and final reading of Resolution #24 which will restore the late fee charged on dues from 2 1/2% to 10%. When the association went to quarterly payments, some math-challenged individuals changed the late fee to two and one-half per cent on the mistaken notion that four quarters of that would equal 10% annually, which, of course, it does not. It equals two and one-half per cent. This is now corrected.
There was also a third and final reading of Resolution #25 which will put the burden of credit card transaction discount on the member using a card. (When a credit card is accepted, the accepting party receives less than 100% of the total charge. Generally they are charged a fee of 2 to 4% by the clearing house. This is referred to as the discount fee.) The new rule will be effective with the 2014/2015 billing, generally mailed around the 22nd to 24th of February.
Under New Business the GM reported that he has an appointment scheduled with an engineering firm to examine what needs to be done to bring the community center up to snuff. Among the repairs and improvements needed are a new HVAC system and improved insulation. The condition of the roof and underpinnings will also be examined.
President Leslie announced that the new Committee Chair Council will be meeting at a time and date TBD, probably January or February. The purpose of the committee is to improve communication between the committees, with an eye toward greater cooperation on common projects. The president also said that he will allow the council to brainstorm at its first meeting to set its own goals and objectives.
It was announced that the newly renovated conference room in the administration building has had new chairs delivered. A new conference table is also expected soon.
After a motion to welcome new members, three of which are repossessing banks, the meeting was adjourned at 10:22am.
November 23, 2013 Monthly Open Board Meeting
by Buz Whelan
The November open meeting was called to order by President Alex Leslie at 9:30am sharp. After a fast approval of the October minutes, Leslie opened his comments with a cryptic statement regarding the September meeting, saying the comments made then were his own and that he was not speaking for the board. He apologized for any confusion this may have caused. He then went on to say that the recent seminar on committee/board relations and procedures had produced a recommendation for a Committee Chair Council, and the board was prepared to act on this. He also mentioned that the bog removal project for East and West Emerald Lakes had been completed.
Treasurer Earl Frank commenced his report by stating that the upcoming issue of the Emerald News will contain new information. Along with showing the actual dollars and variances from the budget items, readers will see the % of each major line item of expense by department to the total operating expense. A graphic chart will reflect expenses incurred by department through Oct. 31, 2013. This is intended to give members a better insight into the state of our finances.
Frank continued that our current year-to-date revenue of $960,000 exceeds budget expectations by $29,000. This is primarily due to increased collections on code violations of $15,000 and fees for rentals, resale certificates and permits by another $10,000. In addition to these monies, our attorney has collected $96,000 year-to-date as opposed to $51,000 for the same period last year. Our total operating expenses of $825,000, excluding depreciation, is under budget by $70,000 or 8%.
1. Administration costs are under budget by $25,000, with salaries and benefits under $17,000.
2. Public Safety is under budget by $6,000.
3. Maintenance is under budget by $37,000 due to a favorable variance in salaries and benefits of $18,000, $10,000 in lake maintenance and vehicle expenses of $8,000.
4. The Community Center is under budget by $33,000 due to favorable variances in salaries and benefits of $22,000 and related items in the maintenance of our outdoor pool by $10,000 and the heating cost by $5,000.
5. The Bar & Grill is over budget by $12,000. Revenue year-to-date is $38,000, while expense is $50,000 for a shortfall of $12,000. (editor’s note: this shortfall is an average of $2,000/mo for the first half year, down significantly from the $3,000/mo reported for the first three months)
Regarding the total annual budget, we expect to be under by 10% which should offset any reduction in dues collected.
Finally, our reserves balance is $389,000 and the new capital fund balance is $72,000. Road paving will eat up $224,000 of the reserves while compactor paving will reduce new capital by $65,000.
GM Allen Roth repeated the news that the bog removal had been completed in his Manager’s Report, and added that the removed material had been dried and stored and will be used as fertilizer. He also informed the room that the road paving project had been completed and that a punch list developed after completion had also been completely addressed. He stated that RFPs have been put out for the Pine Tree Lake dam valve and pipe repair, but that as of now only two firms have expressed interest.
In a sad addendum, Roth reported the recent death of Fred Spott, long time engineering consultant for Emerald Lakes and a friend of the association.
During the committee chair reports, ad hoc Committee to Revise the Bylaws chair Buz Whelan reported that the singular task of developing a complete protocol for absentee voting was well underway. The committee’s goal is to present the finished product to the board in time for the February open meeting. Committee members have agreed to hold extra meetings, if necessary, in order to meet this self-imposed deadline.
Whelan also reported on the Property Management Committee in place of ailing chair Bob Leon. There was some discussion about the name of the committee, several board members maintaining that the bylaws specify that we have a Maintenance Committee, not a Property Management one. Whelan argued that we do, in fact, have a maintenance committee in that Property management performs all appropriate maintenance committee tasks. But the committee has also taken on those tasks of the moribund Architectural Review Committee, also specified by the bylaws. By working under the title of Property Management, but functioning as both ARC and Maintenance, the bylaw requirements are met. Whelan’s point was that it wasn’t about the name, but the function.
Moving on to committee work, the committee is working on a signage project, intended to bring community signage up to date. It was also mentioned that the one way signs on Emerald Blvd. are missing. A car was observed traveling the wrong way on this past Friday. The committee is also working on obtaining a surveillance system. One that has been researched would provide a 17 camera system with recording capability. Cost would be about $3,500.
Stephania Johnson, Events Committee chair reported on a full schedule of events for the coming year. Highlights include Santa for the kids, a New Year’s Eve party, a murder-mystery night for Valentine’s Day with a jilted lover theme, a St. Patrick’s Day bash with the Gallagher Dancers, a May comedy show, and a return to Cabaret ’35 in the early Fall. Watch the website and Emerald News for a more complete list with dates and details.
Earl Frank reported on a Finance & Planning Committee recommendation that the board consider requesting a special assessment from the membership. This would be $199/per property/per annum for a total of $398. According to calculations, at the current compliance rate, this would bring in approximately $550,000. The figure is meant to match the estimated cost of replacing the HVAC system in the Community Center (about $250,000) and repairing the Pine Tree Lake dam valve and leaking pipe (about $300,000). Membership approval would be required.
Under Old Business, Secretary Carmen Broadnax read the two resolutions, passed in October, on shifting the credit card discount burden to the member when paying dues, and raising the late fee on dues from 2.5% to 10%. This is the second reading. A third will be made next month to complete the public notice. The credit card charge of 3.5% on dues payment will be effective February 24, or in time for next year’s dues payments. Fourth quarter payments for 2013/2014 dues made on time (Feb 1, 2014) will be unaffected.
Under New Business, the board voted to accept the donation of Lot 4918, located on Clearview Drive opposite the skating pond. The area could be used as a small parking lot. The board also voted to approve Buz Whelan as Bylaw Committee chair and Sherri Ornitz as Rules and Regulations Committee Chair. Finally, the board authorized the establishment of a Committee Chair Council, with organizational details to be worked out later.
During the Public Comments section, member Buz Whelan thanked Flo Mauri for a well run seminar on committee to committee and committee/board communication and function. The Committee Chair Council is a result of that event. A round of applause was given to Ms. Mauri.
Whelan went on to comment on the special assessment suggestion calling it a “band-aid on a sucking chest wound.” We have serious problems with operational fund shortfalls. While some on Finance & Planning have pointed to our balanced budget and the fact that we are under in almost all areas, this is a fool’s paradise. In 2007 we had 17 full time employees. We now have 9. The beaches were both open 7 days a week. Now they alternate weekdays, with only one or the other open. The outdoor pool was open 7 days a week in season; now it is open 4. The Community Center was open 7 days a week; now it is open 3½. The compactor was open 5 days; now it operates 4. We had a Youth Activities Program with a full time Youth Activities Director; that has been completely eliminated. As for being currently under budget, for instance, we are $10,000 under in lake maintenance because we haven’t done any. We are living and operating on reduced services and deferred maintenance. There is a huge difference between having a balanced budget and having sufficient funds to properly maintain this community.
In welcoming new members to the community, 6 properties changed hands, one a foreclosure and 3 were purchases of Classic Quality Homes.
Not Your Gramma’s Cranberry Sauce
By Buz Whelan
Throughout my childhood and a few years beyond, a turkey dinner, Thanksgiving or otherwise, always called for cranberry sauce. And that sauce was Ocean Spray jellied cranberry sauce. It was good enough, traditional and a comfort. No one in my family, or my wife’s for that matter, ever suggested we try something different. Then four years ago, I came across this recipe. I’d like to credit it, but I cannot remember the source. I wrote it down on a 3 x 5 card. I made it in 2009. We loved it, our company loved it, so my wife asked me to make it again the next year. Alas, try as we might, we couldn’t find the card with the recipe. So back to Ocean Spray we went. Then during the next year, during one of those clean-ups where you empty boxes you’ve ignored for a long time, the recipe turned up. I made it and it was as good as ever. It’s a very simple recipe, and it keeps for months in the refrigerator, especially if you put it in a mason jar or one of those glass jars with the wire locking lids. So, here it is. I bet if you make it, you’ll make it again.
Cranberry-Apricot Relish
Ingredients:
24 oz whole cranberries (2 12 oz packages)
12 oz jar of apricot preserves
4 oz finely chopped dried apricots
¾ Cup of sugar
1 Cup of orange juice (fresh or a not-from-concentrate type like Tropicana)
½ Teaspoon ground ginger
Method:
Combine all ingredients in a heavy saucepan, bring to boil, reduce
heat and simmer 20 to 30 minutes, stirring occasionally. Cranberries will pop open and soften as they simmer. Allow to cool, put in container and refrigerate for a few days to a week to
allow flavors to blend.
Not Your Gramma’s Cranberry Sauce
By Buz Whelan
Throughout my childhood and a few years beyond, a turkey dinner, Thanksgiving or otherwise, always called for cranberry sauce. And that sauce was Ocean Spray jellied cranberry sauce. It was good enough, traditional and a comfort. No one in my family, or my wife’s for that matter, ever suggested we try something different. Then four years ago, I came across this recipe. I’d like to credit it, but I cannot remember the source. I wrote it down on a 3 x 5 card. I made it in 2009. We loved it, our company loved it, so my wife asked me to make it again the next year. Alas, try as we might, we couldn’t find the card with the recipe. So back to Ocean Spray we went. Then during the next year, during one of those clean-ups where you empty boxes you’ve ignored for a long time, the recipe turned up. I made it and it was as good as ever. It’s a very simple recipe, and it keeps for months in the refrigerator, especially if you put it in a mason jar or one of those glass jars with the wire locking lids. So, here it is. I bet if you make it, you’ll make it again.
Cranberry-Apricot Relish
Ingredients:
24 oz whole cranberries (2 12 oz packages)
12 oz jar of apricot preserves
4 oz finely chopped dried apricots
¾ Cup of sugar
1 Cup of orange juice (fresh or a not-from-concentrate type like Tropicana)
½ Teaspoon ground ginger
Method:
Combine all ingredients in a heavy saucepan, bring to boil, reduce
heat and simmer 20 to 30 minutes, stirring occasionally. Cranberries will pop open and soften as they simmer. Allow to cool, put in container and refrigerate for a few days to a week to
allow flavors to blend.
Absentee Ballot Proposal Underway
By Buz Whelan
The ad hoc Committee to Revise the Bylaws had its organizational meeting on Saturday, November 2. Buz Whelan was elected chairperson to replace June Solla, who had been elected to the board. Dan Glasgow is the new board liaison. The committee received its marching orders from the board and will work to develop a fair, equitable, efficient and secure protocol for absentee voting. When this is accomplished and approved by the board it can be placed before the membership for an up or down vote. The committee also voted unanimously to schedule its meetings for the second Tuesday of each month at 9:30am in the Admin Office conference room. New members are welcome.
On Tuesday, November 12 the committee held its first full work session. The task of devising an absentee ballot protocol was broken down into a number of steps. How to ensure the security of the received ballots and the authenticity of the voter were discussed and a preliminary process was put forward.
Efforts to enact a process for either mail-in voting (in which all votes would be cast that way) and/or absentee balloting (in which only requested votes would be affected) have been put before the membership before, and they have failed. The current board is concerned that some members are being disenfranchised by the system now in place, which requires attendance at the Annual Meeting. Some directors and members feel that the right to participate in the election process is a precious one and should not be denied to members who cannot, for whatever personal reasons, attend the meeting. One complaint in the past has been that the process has not been carefully spelled out. The board and the committee both hope to assuage these concerns by putting forward a complete process, from request to ballot counting. The steps will include who may request an absentee ballot and how they would do that. Included will be the precise form of the physical ballots and envelopes, how they will be validated, how they will be secured and when and where they will be opened and counted. Also included will be the opportunity to write in candidates who have not declared themselves by the time of the mailing of the ballots. This would, of course, include those who make their intention to run ‘from the floor’ known to absentee voters.
It will be difficult to produce a ‘perfect’ system, but the committee hopes to offer for membership vote a carefully considered way to make it possible for those who cannot attend the Annual Meeting to nevertheless participate in the association’s political process. We believe it is the American way.
Town Hall Meeting Draws a Crowd
by Buz Whelan
The Town Hall meeting held on Saturday, October 26th drew a full house. At a few minutes after 11am Dan Glasgow, a board director, began the meeting by explaining the water testing options and then handing out test kits and instructions to members who wanted them. Three levels of testing were offered. A package at $125 offered to test total coliform w/E. coli, nitrate and nitrite, pH, hardness, conductivity, lead, copper and iron. Another package at $85 included all but pH, hardness, conductivity and copper. A budget package at $30 tested only for total coliform w/E. coli. Anyone who missed the meeting but wishes testing done should contact Dan through the Emerald Lakes website or the admin office. You may also wish to contact the tester, Microbac Laboratories at (570)629-8900.
In the second part of the meeting Officer Dan Jones of the Pocono Mountain Regional Police made a presentation, complete with slides, on personal security and neighborhood watch practices. Jones is a large man with an even larger personality. He used both exhaustive statistics and a sense of humor to educate the attendees on local – Emerald Lakes – criminal activity. Among the 650 calls so far this year, 1 was for homicide, 1 arson, 1 rape/sexual assault, 2 robberies, 10 assaults (including attempted and threats of violence), 12 burglaries, 22 thefts, 1 act of fraud, 2 receiving stolen property, 17 acts of vandalism and 57 domestic disputes. He also noted that there were 141 false alarms and that an excess of 3 false alarms in a single year would result in a fine.
On the defensive side, Jones said that most crimes are committed by individuals ranging between 14 and 24 years of age, and further, that the peak time period is between 3 and 7pm. One of the ways to guard against a high crime rate is to provide supervised activities for young people, including Boy and Girl Scouting. Jones also said that ‘environmental design’ plays a role in vulnerability to crime. Such things as lighting, landscaping or structural impedimenta that give cover to burglars or, in the case of lighting, limit such cover, can be manipulated by the homeowner to decrease the attractive nature of his or her home to a criminal. He suggested that knowing one’s neighbors and familiarization with their vehicles helps in reporting suspected crime. Jones emphasized that anyone seeing what they suspect is criminal activity should report that to the police and never, ever confront a suspected perpetrator. He closed by saying he could be reached a djones@pmrpd.com or (570)895-2400.
In the third installment of the meeting Fishing and Conservation Club representative Eric Bergstrom spoke on fishing and stocking. He discussed the problem of ice fishing. Emerald Lakes has a catch and release rule. Any fish caught, of any size, must be promptly released back into the lake from which it was taken. Many members, including this writer, have observed ice fisherman set up multiple holes, with flagging devices that alert the fisherman to a catch. The fish is then hauled in and placed in a bucket which leaves with the fisherman. Ice fishing is rarely done for sport and is mainly subsistence fishing. A spirited discussion ensued in which it was pointed out that much of this activity occurs on winter weekends when Public Safety is not on duty. Calls for assistance are often delayed until
the fishermen have left. It was proposed that large chest tags be issued to members only so that they could be easily identified at a distance. It was also widely suggested that ice fishing be banned altogether.
October 26, 2013 Monthly Open Board Meeting
By Buz Whelan
With a Town Hall Meeting scheduled for 11 am, this had to be a fast meeting. It was. President Alex Leslie called the meeting to order at 9:33am and after thanking those who turned out and expressing the hope that they would stay for the Town Hall to follow, he turned the floor over to Treasurer Earl Frank. Frank reported that overall, we are under budget by approximately 10%. He stated that administration was under by $18,000, maintenance by $32,000 and the Community Center by $30,000. On the down side the bar and grill are $15,000 over budget. He further stated that the GM was taking measures to stem the bleeding in that area.
GM Allen Roth reported that Fred Spot of Fred Spot Engineering Associates, with whom Emerald Lakes has a long relationship, would be retiring soon. With that known, he said that he has sent out RFPs (Requests for Proposals) to several firms to get specifications and cost estimates for the Pine Tree Lake dam valve repair. He also reported that the paving of the compactor is largely complete but must be given time to cure. He anticipates that it will reopen fully functional on November 5th.
Under Committee Reports, it was noted that John Avrich has been elected chair of the Finance and Planning Committee, replacing David Pope who recently stepped down. Events Chairperson Stefania Johnson reported that her committee is working on a calendar of events for 2014/2015 and will be workshopping that at their next meeting, November 2nd. She also said there will be a Thanksgiving-style dinner held the Saturday prior to that holiday. Connie Simpson reported that she had been chosen as the new chair of CrimeWatch, lately referred to as the Neighborhood Watch Committee. She also passed out samples of a newly created form labeled “Eyes on Report.” These will be available at the admin bldg, and it is promised that any filled out will be acted upon. (The Emerald Lakes Free Press will shortly publish an exemplar of the form). It was also noted that Joseph Olall has been elected chairperson of the Communications Committee. There was also a note by the president that there is the possibility that one chairperson, unspecified, is not a member of the association and that a letter of inquiry has been sent.
Old Business had just one item, Clause 15 Properties. These are properties within the boundaries of Emerald Lakes, but whose owners chose not to join the association when it was formed. Board Secretary Carmen Broadnax, assisted by member Pat Galderisi, is currently researching to determine exactly how many of these properties exist, which ones they are and what their current legal status is vis a vis obligations to or privileges allowed by the association. In other words, after the elapsing of time, must they pay for such things as lake use and do they owe any monies for services from which they benefit? The association attorney is researching this.
Under New Business the board approved the aforementioned chairpersons. They also corrected a mathematical error by upping the quarterly late fees to 10% from 2.5%. This matches the 10% late fees charged in other cases. They also passed a resolution that would pass swipe fees, the amount charged by the clearing house for credit card use, to the user, ensuring that the association receives full payment on dues, fines and late fees. Transactions at the Emerald Bar & Grill will be unaffected. Under this new policy, which had been recommended by the Finance and Planning Committee some months ago, those paying dues with a credit card would find the fee added to their bill by the card company. GM Allen Roth found a clearer, Paylease, that would do the processing. Electronic checks would also be affected. Although the GM had explained this in detail at the Friday, October 18th workshop and the next day’s Finance and Planning Committee meeting, Directors Margaret Fitzgerald and June Solla abstained from the vote saying they did not have enough information. This was also true when the rest of the board passed an $11,000 change order on road repair. The change order was necessary when pavers noted severe problems with the base on a section of Clearview while preparing it for paving. The association’s Quality Control/Quality Assurance engineer validated the paver’s finding making the change order necessary as the scope of work had greatly increased. This information was made available to board directors prior to the vote, but Fitzgerald and Solla demurred nevertheless.
During the Public Comments section it was suggested that the board make the agenda of meetings available to the membership via an email blast on the day prior to the meeting. This would give members a chance to decide on attending a meeting based on an item of particular interest to them. President Alex Leslie said he thought this was a good idea and would work to effect it.
Pat Galderisi precipitated an extended conversation on criteria for voting at the annual meeting. Referring to a discussion she viewed on the Emerald Lakes in the Poconos Facebook page (unofficial), she said that posters seemed annoyed that some members with outstanding balances of less than $50 were permitted to vote. Some cited a literal interpretation of the bylaws that describe a member-in-good-standing as one who owed nothing at all to the association. Galderisi contacted several past Judges of Elections, all of whom took a slightly more liberal view. Most indicated that with small amounts, mistakes can occur and if an error is made it should be in favor of the voter. Galderisi read several responses that uniformly pointed to the importance of protecting the voting rights of those whose debts if, in fact, they existed at all, were de minimus, of little consequence. Board Secretary Carmen Broadnax, who served as Judge of Election for the last two cycles, said that was her motivation. Linda Shuey, present as an observer, volunteered that she had been initially refused a ballot based on an erroneous debt listing and thanked Ms. Broadnax for allowing her vote, to which, it turned out, she was entitled. Most of those in attendance agreed that this (allowing voting with small balances) was a legitimate case of judicial discretion.