WALKER LAKE LANDOWNERS ASSOCIATION
REGULAR MONTHLY MEETING OF
THE BOARD OF DIRECTORS
Saturday, September 15, 2018
I. CALL TO ORDER
The Regular Board of Directors Monthly Meeting was called to order at 10:15am by Vice President Carol Reynolds, in the absence of President Janice Hahn.
II. SALUTE TO THE FLAG
Announcement of meeting being recorded, no objections received from those present.
III. ROLL CALL
Members present: Michael DeVita, Carol Gillen, Ron Lisciandrello, Bill McCarthy, Will Murchio, Maryann Muschliz, Vicky Perrotta, Carol Reynolds, Linda Verge, Bill Reese
Members excused: Rose Murphy, Janice Hann, Mario Aieta, Paul Paladino, John Weber
IV. APROVAL OF MINUTES FROM AUGUST 18, 2018 MEETING
The August 18, 2018 Regular Board of Directors Meeting Minutes were previously sent out by email. Maryann Muschliz voiced a concern that the member comments did not detail the comments or what the response to them was. Tom Farley put forth that a topic could be listed, and the outcome provided. Linda Verge asked if the amount donated by the Ladies Club from the Penny Social could be included in the minutes. It was stated that that was not part of the minutes. Motion made by Michael DeVita to accept the minutes as written and seconded by Maryann Muschliz. All voted aye, motion carried.
V. APPROVAL OF THE AGENDA
Motion made by Linda Verge and seconded by Ron Lisciandrello. All voted aye, motion carried.
VI. PRESIDENT'S REMARKS: (given by Carol Reynolds, Vice President)
Thanked previous and interim directors for all their hard work, and welcomed incoming directors for volunteering. Acknowledged that all ran un-opposed and expressed the hope that more members of the community would consider running for office in the future.
Asked each member to sign and pass to her the Executive Session Confidentiality Agreement. Bill Reese of Hinkle Estates asked if he should have one. Tom Farley asked if he would sign one. Will Murchio and others asked for copies of their signed agreements. They will be provided as requested.
The Red Book states that each Board Member shall be part of a Committee. The breakdown of committees is as follows: Vicky is on Rules and Regs, Membership and Rental; Linda on Programs and Lake and would like to be on the Security Committee; Maryann is on Programs and would like to be on Rules and Regs and the Beach Committee; Michael DeVita is on Membership, Roads, Communications, Rules and Regs; Bill Reese represents Hinkel Estates and is in a grey area; Will Murchio is on Roads; Bill McCarthy is on the Finance Committee, and Ron Lisciandrello is on Legal and Rules and Regs. Carol Reynolds is on Finance, Lake, Communication and Security. Carol Gillen is on the Finance Committee.
Asked that each Committee develop a scope of work describing what they perceive to be their duties, responsibilities and scope of work before the next Board Meeting. They should also try to define potential situations/concerns before they become problems. Carol Gillen said that should be part of the budget development process as well; if Committees see a potential expense they should be getting it back to the Finance Committee. She also asked that the Committees reference the Red Book in the process so that there aren't any conflicts. Maryann made a motion that each Committee develop a scope of work and have it ready for the next meeting; seconded by Michael DeVita. All voted aye, motion carried.
Also announced that Roseann Tortorella's property is scheduled for a Sheriff's Sale on October 17, 2018 at 11am; Art Politano's property has been sold;, and that the Library has been organized. It is unclear who is responsible for maintaining the library, Maryann Muschlitz volunteered to do it.
VII. NEW BUSINESS
Bill Boehm asked if the sale of Art Politano's property brought any money back to WLLA. No, it was a sheriff's sale and the purchase price was a great deal below what was owed to the bank.
Maryann said the Program Committee needs storage and would like a couple of shelves in the basement that are being used by the Women's Club. Bill Boehm sand he and Fred could also make some space. It was noted that this type of request did not need to be brought before the board, but could be handled by a phone call.
Maryann also said the restrictions on boats that require stickers and that they be put on racks is very harsh to West Shore Beach because it lacks these racks. Also there are numerous boats without stickers at the other boat areas, and it seems that West Shore Beach is getting a raw deal. Carol said West Shore Beach is not being targeted . It was noted that without Security it is a challenge to enforce the stickers. Bill Boehme said that Beach and Grounds was monitoring the boats without stickers.
Maryann also asked if it was possible to get the Board packets a week before the meeting so there was time to read it. Carol Reynolds said it is our goal but we are not able to do it just now. Directors were also told they could take the information from each meeting packet with them when they leave. Directors were encouraged to pick up their folders just prior to board meetings and to return them to the office after board meetings.
Maryann said in the interest of transparency and for the board to make accurate decisions on things and be in the know of what's going on, the members should get a packet with all the issues that have been brought up regarding different things. Also stated that everyone on the Board should be notified by email of what each committee is doing and what their progress is. Carol responded that that's the purpose of the BOD Committee Reports and we need to have a certain amount of trust in our committee members. The Committees don't make decisions, they make recommendations to the Board. When asked, the Board Members agreed that they are satisfied with the information provided by the Committee Reports at the Board Meetings. It was stated that Board members can attend Committee meetings and observe. Maryann also asked if any Board Member can join any committee, i.e., can we all be on the Finance Committee?....How are we structured?....How are we organized? Carol Reynolds stated that some of the committees like Rules and Regs, and the Finance Committee are complex committees. If you have a question or a concern about a certain committee, you have an obligation to bring it to that Committee. They would probably like it in writing so they can look into it. It was decided to do a monthly calendar for the Board of Directors of the Committee Meetings so everyone would know when they are held. It was also requested that if you are new or just sitting in on a committee meeting, not to ask questions at the meeting, but to gain background information first, by observing. It is not fair to the committees to have to bring people up to date each meeting. The committee reports are posted and available for review.
VIII TREASURER'S REPORT - Carol Gillen - see attached report
Reported on and explained the Cash Report balance as of August 2018, the Profit and Loss statement from January through August 2018, both of which had been provided to the Board previously for their perusal. We are up-to-date on our Capital Improvement fees being put into our Capital Improvement Fund. We are working on cleaning up bad debt, we have it down to about $7,000, we were around $28,000 previously. We have made some sub-accounts because we're trying to pinpoint each expense so that they can relate to the income stream. We're trying to get down to the aspect of "those who have the right to use, bear the expense for the right to use". Referring to the WLLA Budget vs. Actual sheets helps us to better understand our assessments; our lake income and our lake expense, our road income and our road expense, our member income and our member expense. It pigeon holes them for us so we can better understand what our assessments should be. We're trying to get to actual numbers as much as possible. We have 36 payments remaining on the Hinkel obligation, and our road loan matures October, 2022, and our line of credit matures November 2019.
A total of seven Board Members attended two Financial Training sessions that were held. A Financial Report Form was developed for the Program Committee since they are the only Committee that uses our funds in an ongoing way, this will show what their expenses are all about. There are two insurance claims we're involved with in gathering documentation and we are providing West Shore Beach income and expenses reports to Attorney Farley. The 2019 Budget goal is October 1.
IX COMMITTEE REPORTS
A. FINANCE - Carol Gillen - See Attached Report
We met twice, and are working very hard to get the budget together. What we just went over is a huge building block to the project. Referred to a letter from John Stieh, a prior attorney in 2006, and I consider this as the guiding principle and boils down to "those who have the right to use must bear the expense". His words were, "At Walker Lake with the hybrid allocation of expenses based on amenity rights, the right/duty and benefit/burden analysis must always be made. Those who have the right to use the facility have the duty to pay for the costs of maintenance. Those who have benefit have the burden of maintenance and payment." So, just because you have the right to use it and you don't, you still have to bear the expense.
B. MEMBERSHIP/NOMINATIONS/ELECTIONS - Vicky Perrotta - See Attached Report
The Amendments to the Constitution in accordance with the Hinkel Settlement were presented to the members in attendance at the July 21, 2018 General Membership Meeting, according to the Red Book, Rules and Regulations, Appendix II, Constitution, Article IX, Amendment #2, and all Amendments passed. A cover letter and the five (5) Constitutional Amendments were mailed to 341 members in good standing on August 15 and had to be returned no later than September 8th. The results are as follows: A total of 99 responses were returned, one of which abstained from voting because they were selling in two weeks and didn't feel they should, so there were 98 final votes.
1. Amendment to Appendix II, Article VI(6), Paragraph Two (2) of the Constitution:
Approved: 90 Disapproved: 8
2. Appendix II, Article VIII (8), Paragraph one (1) of the Constitution:
Approved: 90 Disapproved: 8
3. Appendix II, Article VIII (8), Paragraph Three (3) of the Constitution:
Approved: 91 Disapproved: 7
4. Appendix II, Article VIII (8), Paragraph Four (4) of the Constitution:
Approved: 89 Disapproved: 9
5. Appendix II, Article VIII (8), Paragraph Six (6) of the Constitution:
Approved: 89 Disapproved: 9
All Amendments passed by substantially more than 2/3 of the members voting. The adopted amendments will be published in the upcoming Association Newsletter. As I mentioned 341 envelopes were mailed out to members in good standing, the number returned was 99. That leaves 242 members who didn't bother. Thank you to all who took the time to read, vote and return your responses, for you are those who will determine the future of WLLA. Participation matters and makes a difference and I sincerely hope many more will join in the future as we all work toward making our community a place we want to enjoy and live. To those who didn't bother to take the time to read and vote, be assured that we are moving forward to making our community a more desirable place and we want all members in good standing to participate and make their voice heard. Those who have chosen not to vote on these amendments, or perhaps not even vote at the election of the new Board of Directors just recently held in July....where is your voice? You have chosen to be silent, but will you be one of those making the loudest noise about something that displeases you. I'm just saying, please participate, it's your right and privilege as a member in good standing to have your voice heard.
C. PROGRAM/YOUTH - Maryann Muschlitz - See Attached Report
We are planning a Halloween Party/Dance on October 27 from 7-10pm for adults and children. Refreshments will be available. Alcohol will not be allowed. Wear a costume or be prepared to pay $5. You must sign up in advance by calling 484-695-2817. Also planning a wine and cheese night for December 8 from 7-9pm at the clubhouse. Adults only, wine will be provided. Advance sign-up is required. We are also trying to schedule a hay ride for November, possible the 10th, for kids and parents. Hay wagon and driver will be free. Cost will be $10 per family, 1/2 will be a tip going to the driver and 1/2 will go to the Program Committee. This also requires advance sign-up. The proposal for the Halloween Party is based on 20 people, but if there are more signed up the proposal will have to be adjusted. Refreshments will be supplied, and there will be a $5 charge if you do not wear a costume. Currently the Program Committee has $170 in the account, but we do need to purchase chips, apple cider, and paper products, estimated at about $80. Also need decorations costing about $100. We are going to collect for a 50/50 to be held at the end of the evening, and charge for other guessing games. We are requesting a check for $180. We have some money in our account already; we'll have the receipts and we'll return whatever money we don't use. Carol G. asked if the proposal for the $180 is to front the expenses and then be able to provide receipts; we want to do this on a receipt basis and reimburse from actual receipts in the context of the provided form. Rather than provide a $180 check to pay for estimated expenses, it was decided to use the expense form provided by Carol Gillen, and be reimbursed afterward with receipts, offset by any income that is raised. Motion made by Michael DeVita to authorize expenditures up to $180 for expenses, Seconded by Will Murchio. All voted aye. Motion carried. Additional proposal for the Wine and Cheese Party for estimated cost of $200. Carol Gillen made a motion to authorize an expenditure of up to $200 for the Wine and Cheese Party, Seconded by Ron Lisciandrello. All voted aye. Motion carried.
D. LEGAL - Attorney Tom Farley
Working on an insurance claim relating to Mr. Politano under our policy. A claim was sent several months ago to the estate, they also asked for additional information. An other issue goes back to Alan Sherer’s position at the General Membership Meeting just held. The matter goes back to John Stieh’s letter,....If you use it and I own it, you have to pay me for the usage. We have to show what it cost to maintain West Shore Beach, and we can charge Maple Park members a pro rata share, which is based on all the members. The second issue that gentleman is missing is that we bought that property at a tax sale; we own it. Yes, they have the right to use it, they don't have the right to cut chains and locks and put vehicles on the beach. They don't have the right to destroy things or have a fire there if it's not permitted. We will be starting procedures on collections of those who owe over $3,000, we have previously been pretty successful. The best method is to get a judgment.
E. CLUB HOUSE - Felicia Kinkade - No Report Available
F. LAKE - Peter Wulfurst - See Attached Report
Carol Reynolds reported the water quality tests were completed; none of the beaches failed. The dam will be inspected this month and Aqua Link will remove the vegetation below the stream when they conduct the fish study in October. Chet Dawson has submitted an article for the September Newsletter entitled, "Browning of Walker Lake" which is interesting. Our lake is still healthy.
G. ROADS - Michael DeVita - See Attached Report
Road Committee recommended Empire State Excavating for a two year contract for snow plowing. The bids were announced at the August 2018 Board Meeting. Because of the time restraints in getting a contract, an email was sent to all sitting Board Members recommending a two year contract, the vote was 10 yes, 0 no, 1 abstention. We are asking for another $2,000 for anti-skid for this coming season, which will get us about eight loads of material. We probably have enough salt right now. Mike DeVita made motion that $2000 be transferred into winter materials budget for this coming season. Seconded by Vicky Perrotta. All voted aye. Motion carried. Had to cancel the volunteer pothole patching day because of rain and very hot weather. The committee will be putting out a bid for an on-call road maintenance contract. Will report findings back to directors, there is no obligation to award contract if prices are not affordable. We need to find a way to give service to our community. Paving on Algonquin from Birch to Maple bid requests were posted with bids closed on September 14, only received one bid for $16,675 which is a fair price. We will ask for an e-mail vote by September 19th, if no other bids are received. We want to get this done before mid-October. The name of the company is Warner. Will be contacting one of the Shohola supervisors regarding the graffiti on the STOP signs at intersection of Maple and Walker Lake Roads.
G. PLANNING - Request Chair, Director, Members
Carol Reynolds said that the Red Book states, "We shall have a standing Planning Committee that shall formulate plans for growth and betterment of the Association." We are required to have such a Committee. It is unclear what the intention for such a committee is. We will table it until the next Board Meeting.
H. COMMUNICATION - Michael DeVita - See Attached Report
The next Newsletter is going out before the end of September. For the December Newsletter we are going to look to have one page devoted to advertising. Also going to set it up where local services can advertise on our Website which is now free but will look to charge maybe $10 a year. If they want to be in The Newsletter it will be one fee; in the newsletter that goes on line it will be a lesser fee because it is less costly; if they want the link on the website a few dollars more. We should also consider advertising when we reprint the Red Book. The bulletin board by the Mail Boxes will be completed by John Weber in October. Our Facebook page, Friends of Walker Lake, has 338 members, 277 have been active in the last month and 608 comments, posts and reactions occurred at that time. We're looking for a platform that will allow us to send out a higher volume of emails at one time. Right now we are limited to only 50 at a time. Carol Reynolds said we need to set a time to look at the Survey results.
I. RULES AND REGULATIONS - Janice Hahn - See Attached Report
Ron Lisciandrello presented in Janice's absence. It is proposed in order to make more of an incentive for people to run for the Board in the future, the limitation of having only three excused absences from the 12 regularly scheduled Board Meetings be increased to four excused absences. Emergency meetings shouldn’t count. It has to be proposed to the Board, be approved, then go to the General Membership Meeting next May for approval, and then be sent out to members for a vote, just like what was done for the Amendments recently passed. There was another proposal to combine the Constitution with the Bylaws instead of having two separate sets of laws.
J. SECURITY - Carol Reynolds
We did interview one company but they didn't get back to us with a proposal. Because of our size we want to limit the number of hours per week and per month, so nobody is really interested. We talked about combining efforts with some of the other local homeowners associations and I am going to draft a letter to them. If we could get three other homeowner groups to commit to 10 hours a week, that's 40 hours a week. We could hire a local security company and they would be in the area patrolling, ensuring a quicker response.
K. RENTAL - Vicky Perrotta
I reported at the last meeting that we sent out 5 or 6 letters to people who were using their property as rentals. We gave them two weeks to respond, if they have not done so a second letter will be going out telling them to please comply with the rules and regulations in the Red Book. I'm not sure what will happen after that.
L. BEACH AND GROUNDS - Bill Boehme - See Attached Report
Since Labor Day we removed the rafts from both beach, the safety ropes, and the portable toilets. We need volunteers for tomorrow at the boat ramp at 11am to lift the raft at the boat ramp onto shore, and we have two rafts at West Shore Beach to put on shore. We installed a chain with signs stating no vehicle access. the lock was cut and chain thrown to the side. A proposal would be to put up a couple barrier rocks to partition that boat ramp area where they have been putting their vehicles in order to protect the beach. There would still be access to put boats in the water. I just had to fill out paper work for the Pennsylvania Board of Health, and cars on the beach would cause the beach to be shut down. The clubhouse needs a gutter to be fixed and cleaned out, the tree must have hit it when it fell.
M. OLD BUSINESS
The raft was not sold and will be at the boat ramp. We will wait until next year to advertise, asking price is $1,000.
N. MEMBER COMMENTS
The following comments were made by members: Should we be putting so much financial information on the website, and If so should it be password protected? Discussion followed. Michael DeVita said we will look into it, and also refer it to the Finance Committee. Scott Rando said when he was in charge of the website, he saw that some communities actually have password protection. If you do have password protection you have to keep it up, it requires a certain amount of work. Another comment was: According to Robert's Rules, that minutes only have to contain who made the motion, who seconded the motion, did it pass, fail, not even sure if you have to report the vote. You don't have to put all discussions and make it five pages long. You only have to have the motion. The following question was addressed to Bill Reese: On the financial reports when might there have been a stipulation that those documents were to be posted. Weren't those financials suppose to be posted according to the Hinkel Settlement? Mr. Reese responded all he knows is where we are as far as what we have to pay up to a certain date, and after that he haven't read it in detail. An announcement was made that the Black Bear Film Festival will be coming to Milford October 19-21st.
Carol Reynolds adjourned meeting at approximately 1:05pm.