APCP 11/21/09 Board Meeting Minutes – Page 1
A Pocono Country Place Property Owners Association, Inc.
Board of Directors Meeting
November 21, 2009
The Board of Directors meeting was held Saturday, November 21, 2009 in the E-clubhouse. In the absence of both the President and the Vice President, a motion was made by the Secretary for Jeff Schlaack, Property Manager, to chair the meeting.
made by Bernadette Bruno, in the absence of the President and Vice President I would like Jeff Schlaack to chair.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
Mr. Schlaack called the meeting to order at 10:25 a.m.
The Secretary called the roll.
Present were Ms. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent were Ms. Cooney and Mrs. White
Also present was Mr. Schlaack, Property Manager and Ms. O’Neil, Property Manager Assistant, Nick Haros, legal counsel.
made by Joe Rametta, seconded by Bernadette Bruno, to approve the open session minutes for October 17, 2009, as subject to review of the tape on Policy and Procedure of combining lots and offering them to property owners first.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
Legal counsel recommended this motion be ratified at the next meeting once appropriate changes are made.
Treasurer’s Report Presented by Mr. Bob Kimble, Controller
Mr. Kimble presented a power point presentation. It first gave a eleven (11) year comparison of the operating budget/capital budget which showed where deficiencies were. Next was presented a comparison of dues for the last ten (10) years which showed our dues and the related annual increases with a comparison of rate increased based on the Consumer Price Index (CPI), which showed that our current dues amount for both lots with homes and lots without home are exactly where they should be based on the CPI. Also outlined was the capital improvement schedule. Next Mr. Kimble outlined some of the cost saving measures that will be implemented in the coming year that will save the Association thousands of APCP 11/21/09 Board Meeting Minutes – Page 2
dollars. Mr. Schlaack asked Mr. Kimble to review the profit and loss statements and the Board reviewed this information. Next Mr. Kimble presented the collections plan for the coming year. As it has been demonstrated that keeping the collections in house rather than through attorneys is more cost productive, and additional collections person will be hired in the New Year. An 83% or higher collections rate is expected for 2010. Additionally the collection of dues will be separated out which will show which year’s dues payments are being applied. Interest charges will also be applied to outstanding balances that are beyond the current year’s dues. Legal counsel also mentioned care should be taken in application of payments as according to the Uniform Planned Community Act the payments need be applied to the interest first.
Property Manager’s Report Jeff Schlaack
Payment Agreements – 938 payment agreements, 0 not returned, 126 late reminder letters, 18 defaults and 68 paid in full.
Abandoned Properties – working aggressively with this with Young and Haros and the township.
Personal Property sales and foreclosures list - will be discussed in executive session due to the confidential nature of the report.
Ithicon – finalizing the conversion of data.
Mr. Schlaack interrupted his report so that Mr. Rusbarsky and Chief Yeager could give their departmental updates.
Maintenance Mr. Rusbarsky
• Engineering Issues - in the first week of December we will begin sitting down with engineering firms to review structural issues with our buildings and amenities and to review storm water management issues. Three companies have responded to our request for reviews.
• K Lake - one company has been in for review of the current status of the K Lake and another company will be coming in next week.
• Gates – all gates are currently functional. All gates are mechanically sound but a software issue remains which is actively being pursued for resolution.
• Storm Water Management – repairs have been made to potholes and a culvert pipe was replaced at Rosemont.
• Line Striping – this was finally completed. We will look to have this redone in the early spring months. Reflective paint will be considered for this project.
• Tree Removal – dead trees were removed at J and K entrances and those areas are being cleaned up.
• Clubhouse Rentals – the maintenance department has taken over this role.
• Street Signs – about 25 signs are being refurbished. Stop signs and street signs should be in on Monday morning for this ongoing project.
APCP 11/21/09 Board Meeting Minutes – Page 3
• Speed Bumps – have been painted.
• Additional Projects – instead of seal coating the tennis courts and roadways, a new treatment which is a pressurized seal coating treatment is being considered. It guarantees to extend the life of primary roadways. There is an issue with the rights for use of the machinery involved with this process so it will continue to be researched.
• Clubhouse Ramps – the ramp at E Clubhouse has been fixed. The ramp at J Clubhouse still needs to be addressed and the deck also needs to be replaced. The capital replacement funds will be reviewed for this work and costs involved will be researched for the spring.
• Clubhouse Bathrooms – they are not wheelchair accessible. They never were to begin with the renovations were done according to the layout of the old bathrooms and the bathroom footprints are not structurally big enough to accommodate making them wheelchair accessible. The countertops were delivered but were too short and have been returned to be repaired.
• J Bath Houses – these are falling apart and need to be checked. Building and Architecture should be involved in this process.
• Potholes – are being repaired as they are identified. Most asphalt plants are closing down for the winter months. We can use cold patch as needed when asphalt is not an option.
Mr. Schlaack continued with his management report
The entry sign is in need of repair and the person that originally made the sign is no longer in business, but a bid for repair of the sign has been submitted by an individual who has taken on the original contractor’s work. There were no other companies willing to restore the sign so the option is to fix the existing sign or to replace the sign at the cost of approximately $20,000. The existing sign can be repaired for $2,800.
by Joe Rametta, seconded by Bernadette Bruno to accept the bid from Letterman Sign Company for $2,800 and for the colors to stay the same with a 10 year warranty
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
A request has been made of the Association for a membership roster and the Board needs to determine a price for a hard copy and an electronic copy. It was determined that the cost would be 25 cents per page for a hard copy and a flat charge of $20 for an electronic copy. It was further agreed that “membership status” does not pertain to owners being in good standing, it refers to the home being owner occupied or not. It was further agreed that the information we provide should be the same information that could be obtained at the court house and distributed in the same manner. It was suggested by legal counsel that this decision be made by formal motion rather than Board consensus. APCP 11/21/09 Board Meeting Minutes – Page 4
by Bernadette Bruno, seconded by Robert Kirk to charge 25 cents per page per request or $20 for electronic copies for a copy of the membership roster, per request.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
Long Range Planning Focus Group – this group is currently conducting feasibility studies and will be involved with the clubhouses and K lake regarding their findings.
Committee Responsibilities – the committees are finalizing mission statements.
Budget Process – a policy on the budget adoption processes will be drafted and presented next month. Legal counsel clarified that while the Bylaws call for the budget to be presented open sessions of Board meetings, work sessions by the Board to determine the budget are permitted. At those sessions no motions can be made. The work session held to prepare the budget were not done in violation of the Bylaws. The Sunshine Act is not applicable here.
Ms. O’Neil presented the options available for the remediation of the culvert pipe on Country Place Drive along with the cost estimates for different companies as well as alternatives available. Three estimates were presented.
by Joe Rametta, seconded by Dennis Herbert to accept proposal from Bi State Construction for $24,756.00. Money to be taken from capital improvement account.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
Public Safety Chief Yeager
• There have been 5,000 service calls this year by the Public Safety department.
• PA Quick Response Service – licensure was obtained for this and training was completed. This enables officers to be first responders to incidents and provides them with the appropriate training. The Public Safety officers have responded to 50 ambulance calls last month since receiving training and 43 calls to date this month.
• Gang Task Force – Chief Yeager is trying to get the task force to come to work with the community on this problem. The individuals involved are representatives from the Monroe County District Attorney, the Monroe County Prison System and Pocono Mountain Regional Police. More information will follow regarding setting up this in-service, that will be presented to the Board of Directors first.
• A warrant for a suspected drug house was recently served a few weeks ago for suspicion of cooking drugs in the home. It is important to report any suspicious activity as these individuals try to operate these activities anonymously. Last night another warrant was issued and again today was another. PMRP does not notify Public Safety regarding these matters.
APCP 11/21/09 Board Meeting Minutes – Page 5
• All Public Safety vehicles are currently in service. Tires have been purchased and we are doing such maintenance in house to reduce expenses.
• Public Safety is still working with the CIC committee regarding a Public Safety portion of the website. This is a work in progress.
• There have been some minor issues with video cameras which are actively being addressed.
• A question regarding the procedure followed for incidents of dog bites. The animal is quarantined for ten (10) days. We do not take possession of the animal. Legal counsel advised that if there is a dangerous dog that the Association has knowledge of it could be held responsible if an incident occurs in a common area. If there are animals that are known to be dangerous the Association should seek an injunction against the homeowner if they do not act on their own.
There was a break at 11:40 a.m. The meeting reconvened at 12:02 p.m.
ew Business
• Board Vacancy – letters for the current Board vacancy will be accepted at the administration offices through November 27, 2009. Two (2) have been received to date only one (1) of which is valid.
• Activities Building – uses for this building were discussed. Options are using it as a common meeting place, shutting it down, using it for storage, etc. It was the Board’s consensus to shut down and winterize the Activities Building.
• K Clubhouse – heat is at a minimum and it is still awaiting a review to determine next steps. Shutting off the water at the building was discussed and it was determined that the insurance carrier should be contacted regarding liability if there is a fire and the water to the building is shut off.
• Property Acceptance – a Building and Architecture checklist is needed for this and will be presented next month.
• December Meeting – next months meeting will be held at the H Clubhouse due to a scheduling conflict at E Clubhouse. This will be reflected on all media outlets.
• Meetings – it was determined a motion was required to keep Board meetings on the third Saturday of each month as the previous motion was until the end of the current year.
by Joe Rametta, seconded by Norma Padilla-Riss that the Board meetings will continue to be the third Saturday of the month at 10 a.m. in the E Clubhouse until the next reorganizational meeting.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried. APCP 11/21/09 Board Meeting Minutes – Page 6
• New Year’s Eve Party – this will be discussed in executive session due to legal issues. However, a clarification between the committee’s responsibility and the Board’s role in events required clarification. The Bylaws state that the committee is a recommending body. The Board has final say on all actions as they have ultimate responsibility.
• B & A Fines – Ms. O’Neil stated that the B&A appeals will be heard by the Rules Enforcement Committee as a member of the B&A committee sits on the Rules Enforcement Committee. If that member is not available at a meeting another member of the B&A committee will be present to hear the appeal.
• Bus Stop – the question regarding the bus stop is regarding the structure itself, not the stop as there is already a stop there. It is an aesthetic vs. safety consideration, the shelter being on the south side being more aesthetically pleasing and the shelter being on the north side being safer. It was asked if the Association would be liable if the Association made final determination regarding position of the shelter. Legal counsel recommended getting a traffic engineer to review the situation as it is known to be an issue. If this was done it would be the Association’s responsibility to pay for this. This matter will be discussed further with the Monroe County Transit Authority and let them decide where the shelter will be placed and the Association will have it reviewed by legal.
• Combination of Properties – there was a motion passed in September, October or November of 2005 regarding this. The rules and regulations regarding this matter need to be updated. Legal counsel stated that this is a policy and is not included in the Bylaws or the Declarations therefore the practice of billing can be changed by changing the policy. Residents that had paid a different rate in the past are not to be considered “grandfathered” in as if the policy changes it changes for everyone. Mr. Haros will research if lots are combined and are not being charged accordingly.
Correspondence
Mr. Schlaack will meet with the people at “1 Living Hope” and will bring back recommendations regarding their request for establishing community groups.
Fire Company sent a solicitation for donations. It was the general consensus of the Board to make a $500 donation to the Fire Department regardless of what the history is regarding submitting donations.
Tobyhanna Little League – there was not consensus regarding whether the community should be involved with this organization. It was determined that more information was needed to make a decision. Ms. Padilla-Riss agreed to get more information.
by Norma Padilla-Riss, seconded by Robert Kirk to table and have further discussion after more information is obtained regarding participation with the little league.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried. APCP 11/21/09 Board Meeting Minutes – Page 7
The recreation committee has two more volunteer members. Eileen Lawrence and Ellen Cooney have requested to be members of this committee.
by Norma Padilla-Riss, seconded by Bernadette Bruno to accept Eileen Lawrence and Ellen Cooney on the Recreation Committee.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss
Abstain: Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
It was noted that five members of the Recreation committee tendered resignation letters. It was announced that the following members resigned: Cindy Rametta, Joe Rametta, Debbie Vines, Kerry Doucette, Cindy DiPasquale.
There are outstanding grant issues. There is a $25K grant that needs to be closed out and when that process is completed the $10K grant will be released.
There was a break at 12:52 p.m. The meeting reconvened at 1:02 p.m.
There were two new volunteers for the environmental committee. Judy and Daryl Diggs. There was Board consensus to approve these members pending status verification.
Member Comment
Ms. Kidd – stated she would volunteer to keep Bingo going through the winter months as the final Bingo of the year just took place. Requested that the Board reconsider the appointment of the liaison and the chairperson of the recreation committee due to the recent resignation letters.
Mrs. Rametta – stated she would like to clear up the rumors regarding the resignation letters from the recreation committee. While committee members serve at the pleasure of the Board, procedures and policies were not followed by the Board Liaison in her opinion. Questioned why the New Year’s Eve party was the only party that was questioned and quoted Ms. Cooney’s comments regarding this party. Stated she felt the President had a personal agenda. The original flyer was posted and subsequently pulled by the President.
With regards to the questions regarding the little league, their request was not likely made to bring little league into APCP, but to ask that the Association sponsor a billboard, make a monetary donation or be a sponsor for a team.
Mrs. Cartolano – asked if there was a deficit and when it started and what the amount was. Mr. Kimble clarified that there was a $728K deficit carried into 2009 and that only $300K of that would carry over into 2010, therefore $400K of the deficit has been resolved. Asked why the deficits have not been discussed before and the answer is because the budget had not previously been addressed in open session.
Mr. Massaro – stated that the Association was asked to put the bus shelter up and thinks the Association will have to fund the shelter as well. It is his feeling the transit authority should pay as they asked the Association if they could build it. He also questioned who will be responsible for maintaining the shelter. Clarification from the transit authority will be APCP 11/21/09 Board Meeting Minutes – Page 8
obtained. It is not the intention of the Association to be financially responsible for the shelter.
Mr. Williams – asked when his questions from last months meeting will be answered. As the final renovations are not complete there is not an answer to that question. The answer for how much was paid to Zavada and Associates since Ms. Bowser’s resignation is a net effect of $10K over what would have been expended during the same time frame. The question of the amount of renovations and purchases excluding work done on E clubhouse can not be answered at this time. The employees hired have all been replacement positions or not full time and were seasonal. Ms. Cumberland’s position was clarified. Mr. Haros stated that the Board is not obligated to engage in a back and forth dialog during member comment, as the session is for comments only and is not a question and answer session. Mr. Williams asked how to have his questions answered and was informed that those types of questions can be answered at town hall meetings or at a special meetings called for valid purposes.
Mr. Vargas – stated he is upset by the $20 dues increase and did not think that any Board member should be told they do not have a right to vote. Indicated that there should be a reward program for any information that leads to apprehending individuals convicted of crimes committed in the community. Mr. Schlaack indicated that such a program does exist and there is a $500 reward if a conviction is made, and this has only occurred twice.
Mrs. Massaro – asked whether the new seal coating treatment that Mr. Rusbarsky was recommending will cause more storm water runoff. Additionally asked if we can use any properties that are potentially returned to the Association to assist with storm water management.
Ms. Kidd – stated that while she knows she does not need to receive an answer regarding bingo and reappointing a new liaison for the Recreation Committee she would like the minutes to reflect that she has a group of volunteers ready to go to keep bingo going through the winter. Additionally she stated that she was the individual that requested a roster of the membership and that she requested the roster for the purposes of calling a special meeting and if anyone wanted to inquire the specifics they can contact her.
Mrs. Rametta – asked if Association officers will be called to assist on calls outside of ACPC since receiving licensure for officers to be first responders. Chief Yeager stated that if the officers were driving on Route 196 between sections and witnessed an incident they would be obligated to stop but would not be called out specifically for an incident outside of the community. She additionally clarified that her comments when she previously spoke were about Peggy Cooney and not Ellyn Cooney.
Mrs. Frank – asked if the expense of Channel 80 was worth it to the association as the Board decided not to allow outside advertising on the channel, which would bring revenue to the community. It was confirmed that we have not paid additional monies for Channel 80 beyond the original investment.
Mr. Vargas – stated he was not accusing any Board member of wrong doing but that he felt the Board should defend each other. He further stated the fines for Totes being left out was unfair, and addressed the fact that the Totes left out indicate that a home is vacant.
Mr. Sullivan – asked why a boat launch was necessary if the K clubhouse was unsafe. An engineer will be evaluating the clubhouse, but it was explained that the boat launch was for APCP 11/21/09 Board Meeting Minutes – Page 9
use of the lake and had nothing to do with the clubhouse itself. He questioned why the boat launch was needed as most homeowners with homes on the lake have docks. Expressed a desire to join the safety committee evaluating the clubhouses.
Motion by Bernadette Bruno, seconded by Robert Kirk to go to executive session.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
The meeting was adjourned by Mr. Schlaack at 1:40 p.m.
______________________________
Respectfully Submitted: Bernadette Bruno, Secretary APCP 11/21/09 Board Meeting Minutes – Page 10
made by Bernadette Bruno, in the absence of the President and Vice President I would like Jeff Schlaack to chair.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
made by Joe Rametta, seconded by Bernadette Bruno, to approved the open session minutes for October 17, 2009, as subject to review of the tape on Policy and Procedure of combining lots and offering them to property owners first.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
by Joe Rametta, seconded by Bernadette Bruno to accept the bid from Letterman Sign Company for $2,800 and for the colors to stay the same with a 10 year warranty.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
by Bernadette Bruno, seconded by Robert Kirk to charge 25 cents per page per request or $20 for electronic copies for a copy of the membership roster, per request.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
by Joe Rametta, seconded by Dennis Herbert to accept proposal from Bi State Construction for $24,756.00. Money to be taken from capital improvement account.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
by Joe Rametta, seconded by Norma Padilla-Riss that the Board meetings will continue to be the third Saturday of the month at 10 a.m. in the E Clubhouse until the next reorganizational meeting.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried. APCP 11/21/09 Board Meeting Minutes – Page 11
by Norma Padilla-Riss, seconded by Robert Kirk to table and have further discussion after more information is obtained regarding participation with the little league.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
by Norma Padilla-Riss, seconded by Bernadette Bruno to accept Eileen Lawrence and Ellen Cooney on the Recreation Committee.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss
Abstain: Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried.
Motion Bernadette Bruno, seconded by Robert Kirk to go to executive session.
Yea: Mrs. Bruno, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Ms. Cooney, Mrs. White
Nay: None
Motion Carried. APCP 11/21/09 Board Meeting Minutes – Page 12
A Pocono Country Place Property Owners Association, Inc.
Board of Directors Meeting
November 21, 2009
The Board of Directors returned to open session after executive session on Saturday, November 21, 2009, in the E-clubhouse.
The President called the meeting to order at 4:14 p.m.
The Secretary called the roll. Present were Ms. Bruno, Ms. Cooney, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Also present was Ms. O’Neil, Property Manager Assistant and Nick Haros, legal counsel.
A motion was presented regarding having alcoholic beverages, either served or brought, at Association hosted functions. To reduce the risk of liability to the Association it was determined that removing alcohol from Association run functions would decrease liability and create more family friendly functions.
by Norma Padilla-Riss, seconded by Dennis Herbert that the Association will not sponsor and/or host any event where alcohol is served and/or consumed. This also prohibits bringing your own alcohol.
Yea: Mrs. Bruno, Ms. Cooney, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Mrs. White
Nay: None
Motion Carried.
Mr. Haros explained that regarding tenants of the community, the Association was not legally able to create a list.
It was asked whether alcohol would be permitted at a function if someone rents the clubhouse. This is going to be addressed but the answer is likely yes. The main issue with the alcohol is when minors are present at functions and ensuring that minors do not have access to the alcohol being served. To that end it was determined the New Year’s Eve party will be a family party with no alcohol.
The meeting was adjourned by the President at 4:40 p.m.
__________________________________
Respectfully Submitted: Bernadette Bruno, Secretary APCP 11/21/09 Board Meeting Minutes – Page 13
by Norma Padilla-Riss, seconded by Dennis Herbert that the Association will not sponsor and/or host any event where alcohol is served and/or consumed. This also prohibits bringing your own alcohol.
Yea: Mrs. Bruno, Ms. Cooney, Mrs. Harris, Mr. Herbert, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Absent: Mrs. White
Nay: None
Motion Carried.
|