APCP 12/19/09 Board Meeting Minutes – Page 1
A Pocono Country Place Property Owners Association, Inc.
Board of Directors Meeting
December 19, 2009
The Board of Directors meeting was held Saturday, December 19, 2009 in the H-clubhouse.
The President called the meeting to order at 10:25 a.m.
The Secretary called the roll.
Present were Ms. Bruno, Ms. Cooney, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss (by phone), Mr. Rametta, Mrs. White
Absent was Mr. Herbert
Also present was Mr. Schlaack, Property Manager, Ms. O’Neil, Property Manager Assistant (by phone), Nick Haros, legal counsel, and Alan Young, legal counsel.
New Business
New Board member
One valid application was received from Phyllis Haase.
Motion made by Bernadette Bruno, seconded by Robert Kirk, to accept Phyllis Haase as Director to A Pocono Country Place POA, Inc.
Yea: Mrs. Bruno, Ms. Cooney, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta, Mrs. White
Absent: Mr. Herbert
Nay: None
Motion Carried.
Property Manager’s Report – Mr. Schlaack
Alcohol
Mr. Schlaack presented opinion from Attorney Zeller regarding alcohol policy as a follow up from last month. Upon inquiring if any director’s opinion had changed since last months meeting, there was discussion regarding how to monitor age. Legal counsel has reservations regarding excluding minors from Association events, therefore a letter has been sent by Mr. Haros to the federal government for additional information. Attorney Zeller is exploring requirements for a class C liquor license, which is a flat fee license which allows for APCPPOA members only, not a public license. If alcohol is allowed in forms of serving or BYOB, the possibility of photo ID badges being a different color for individuals over 21 was suggested. The insurance company has requested an outline as to how underage status will be monitored, and it was mentioned we have a hard enough time enforcing badges at events in general. No future decision will be made until we receive more information from legal regarding federal statutes. APCP 12/19/09 Board Meeting Minutes – Page 2
Long Range Planning Focus Group
It was suggested this be an ad hoc committee as it will be making recommendations to the Board. Currently the committee consists of Ms. Foster, Mr. Peterson, Mr. Solomowitz, Mrs. Harris, Mrs. Bruno and Mrs. Cooney.
Motion made by Karen White, seconded by Peggy Cooney, to approve the Long Range Planning Focus Group as an Ad Hoc Committee, the terms of the committee and requirements to follow.
Yea: Mrs. Bruno, Ms. Cooney, Ms. Haase, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta, Mrs. White
Absent: Mr. Herbert
Nay: None
Motion Carried.
Rules Enforcement
New bylaws state there are 20 days to appeal citations and current Rules and Regulations state 15 days. Legal counsel agreed it is appropriate to make a clarifying motion to make the rules in compliance with the bylaws.
Motion made by Janet Harris, seconded by Peggy Cooney, to correct the Rules and Regulations pertaining to 20 days appeal to put Rules and Regulations in compliance with the Bylaws.
Yea: Mrs. Bruno, Ms. Cooney, Ms. Haase, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta, Mrs. White
Absent: Mr. Herbert
Nay: None
Motion Carried.
Minutes
Motion made by Bernadette Bruno to ratify the minutes of October 17, 2009 as we were unable to clarify the question.
Yea: Mrs. Bruno, Ms. Cooney, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta, Mrs. White
Abstain: Ms. Haase
Absent: Mr. Herbert
Nay: None
Motion Carried.
Motion made by Bernadette Bruno, seconded by Peggy Cooney, to approve the minutes of the Board November 21, 2009.
Yea: Mrs. Bruno, Ms. Cooney, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Abstain: Ms. Haase and Mrs. White
Absent: Mr. Herbert
Nay: None
Motion Carried. APCP 12/19/09 Board Meeting Minutes – Page 3
Motion made by Peggy Cooney, seconded by Karen White, to approve the minutes of the Special Meeting to approve 2010 budget November 18, 2009.
Yea: Mrs. Bruno, Ms. Cooney, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta, Mrs. White
Abstain: Ms. Haase
Absent: Mr. Herbert
Nay: None
Motion Carried.
Legal counsel noted that non-profit law states names are not required on formal record for affirmation of vote. Any dissenter has right to have their name reflected. Current policy is Board names are listed as to specify how each member voted. Additionally, minutes need only reflect actions, APCP’s are extremely detailed. The minutes should reflect decision not the dialog. The Board should refer to the Modern Rules of Order to make minutes more concise.
Treasurer’s report – Mr. Schlaack
Reports have been modified by controller and Mr. Schlaack reviewed the financials. Several phone calls have been received regarding the combined property bills. Legal counsel advised this be discussed in executive session. There remained an outstanding question regarding “grandfathering” or vested owners. Legal counsel stated policy can always be changed. A question regarding fences and pools was raised regarding if we could remove them. Courts would view this differently. The restrictive covenants are difficult to change.
A motion to rescind all previous motions, regarding combination of property was presented by Ms. Bruno. This subject needs to be discussed further because there is no second for the motion.
Dues charged for empty lots was discussed. Legal counsel advised that an unbuildable lot is not the Association’s responsibility. Property should have been investigated prior to purchase. A motion to take back free properties can be proposed however legal counsel advised checking transfer costs and investigating possible liens against the property. There are several steps required prior to taking back a property and dues can’t be waived on the properties.
Maintenance Report – John Rusbarsky
J Guard shack – sewer line put in.
K and J guard entrances – entrances cleared. Trees were removed at J gate that were in power lines.
Holiday – community decorated. Real trees purchased to be planted later on.
Storms – first storm required 57 hours overtime, second required 13.5 hours overtime.
K lake – awaiting information to reschedule with firm reviewing current data.
Engineers - interviews to give recommendations regarding the buildings. Environmental and Board will be called when the schedule is set up for engineer and lake studies.
Mrs. Bruno would like lighting to stay at main gate for safety. APCP 12/19/09 Board Meeting Minutes – Page 4
Signs - actively being put up, a few stop signs were lost in the snowstorms but they are being refurbished. Some were hit with snow plows and others may have been vandalized.
Wood for the E clubhouse walls is in maintenance.
Public Safety – Chief Yeager
Referenced and reviewed monthly statistics report.
Dogs – Association incurs vet bills for some of the dogs captured and these fees should be passed on to owner if the dogs are returned. An assessment per day for the care of dogs was recommended. Often the owners are not found which will make recouping fees difficult. Kennels not compliant with Act 119 and should be evaluated to provide a sufficient level of care. A provisional license to upgrade the interiors should be considered as it is not sufficient for weather. A volunteer program for donations and time was suggested. Some animals get adopted as they are posted on Channel 80 and website.
Quick response service – a grant application was submitted to Department of Health to upgrade equipment. Two officers will go through training.
Paperwork was submitted for Dept. of Transportation to get Emergency vehicle tags.
Would like feedback for what the community would like to see in terms of programs as rabies and vaccination clinic were successful.
All vehicles are operational and have snow tires.
All cameras are operational with exception of one. Awaiting a part and then that will be operational as well.
Gang Task Force - first or second week of January to meet with Board due to the holiday season.
Grinder Pumps - rash of thefts J and K Sections. Patrols increased. Plain clothed officers in unmarked cars were placed for observation. Most thefts were abandoned or seasonal though a few were residents actually home. Thefts have ceased since increased presence.
Property Manager’s Report Continued – Mr. Schlaack
Budget Process Policy
Mr. Schlaack presented a policy for budget process and would like to implement additional policies following this model for other processes in administration. Board will review and consider.
There was a break at 11:52 a.m. and the meeting reconvened at 12:05 p.m.
Property acceptance
B & A is still reviewing and will present it to the Board when completed.
New Years Eve
Party cancelled due to lack of interest (about 35 people responded and no alcohol further affected response). Having a no charge “bring your own food” New Year party was suggested still without alcohol. Prior decision still stands regarding the policy. It was clarified the Recreation Committee did if fact have five members (per Bylaw requirement) though even in the absence of a committee the Board still holds final authority. The tree APCP 12/19/09 Board Meeting Minutes – Page 5
lighting was successful there is a children’s party today. Board has not seen any costs for these functions and food was purchased for today’s holiday party the Treasurer stated this should have been approved.
The President clarified the need to research the alcohol issue. Before finding out the legal decision the committee members resigned. Discussed what we can do to move forward for Legal counsel advised that the NYE party was the agenda item and unless there was motion on the floor regarding that item the agenda should continue.
Motion made by Joe Rametta, seconded by Robert Kirk, to still have the New Years party with no cover charge and bring your own food and beverages (no alcohol).
Yea: Mr. Kirk, Mr. Rametta, Mrs. White
Absent: Mr. Herbert
Nay: Ms. Bruno, Ms. Cooney, Ms. Haase, Mrs. Harris, Ms. Padilla-Riss
Motion Failed.
Legal counsel stated that this is the way the business needs to be conducted. A discussion regarding payment to the DJ followed and Mr. Schlaack will follow up with the DJ to make a recommendation to the Board.
Rules Enforcement Fee Schedule
Rules enforcement meeting has not been scheduled with administration yet due to other matters and will be scheduled soon.
Bus Shelter
Mr. Schlaack has been in touch with the Monroe County Transit Authority. Ms. Foster presented alternate idea of making a loop for the bus to come around and be able to come out at the light which would remove safety concern. Drawings would helpful for visualization. There would be some financial obligation for the Association. Additional information should be available next month regarding this. A traffic engineer should be consulted if making changes to traffic patterns to make sure that it would not cause more accidents and increase our liability. We need to contact the township to make sure we can do this as well. .
Member comment
Ms. Foster
K Lake meeting was held last month. LRPFG to look for additional alternatives for income. Environmental committee has looked into the control of feral cats. Board should consider asking for member comments when doing motions.
Mr. Sullivan
Questioned liability if the bus comes into the community. Legal counsel advised if the access is improper there can be an issue. Recommended projections of cost before further decision made.
Are the sellers obligated to disclose if a property is unbuildable? Answer - they are required by law to reveal known defects. It is a matter between the seller and buyer, not an Association issue. If the seller knows something and doesn’t disclose the property could be returned to them. APCP 12/19/09 Board Meeting Minutes – Page 6
Suggestion regarding pets, there are coupons occasionally in the newspaper that people could clip and give to maintenance to save everyone some money.
John Eden
Inquired as to the status of the Waste Management Case. It is still pending.
Inquired as to the value of the food spoiled in the refrigerator.
Combination issue – Board must figure out what the proper percentages should be as single lot owners should not make up the difference.
Asked if money must be borrowed due to operating budget line indicating $24,000. How much money did the association borrow last year and did it get paid back? Bob Kimble gave a power point presentation last month which gave that information. Membership does not know how much money was borrowed from other sources.
Ms. Kidd
As a Recreational Committee member she has not been invited to meetings or only gets one day notice which is not sufficient.
A policy made last January states when Board needs to respond to comments.
She has a petition for a special meeting.
She wants Bingo to be reconsidered going through the winter months. Wants to clarify the documentation of bingo fund and that nothing was ever stolen by her or family members and if there is a question it should be investigated.
Mrs. Rametta
Wants to clarify some comments made regarding the Recreational Committee. She does a lot for her community and has always thrown successful events. She tried to rejoin the committee but Board members were violating policies and rules and she does not work this way. She would like the Board to consider listening to why the six committee members resigned.
(Mr. Rametta left the meeting 12:56).
Asked to be provided proof that the members of the committee are in good standing. Also questioned approval of committee members. This issue will be addressed. Legal counsel stated the Board is not required to add something to today’s agenda. The question has been presented and the Board will determine if it will be on future agendas.
Harry Williams
Two months ago asked a question regarding the E bathrooms. Now noted there are granite countertops and wants to know how much the granite countertops cost and who approved it. Wants to know how much has been put into the admin building and was an engineer consulted prior to these renovations to make sure the building was sound before these renovations were made.
Werner Frank
Penn Dot might require us to widen the roads if the bus shelter is installed and suggested further research be done. APCP 12/19/09 Board Meeting Minutes – Page 7
Werner Frank cont’d
As former Board member and president he hears rumors about petitions, etc, and the membership should learn from the past and not go back to some of the problems from the 1980s with Board infighting which landed in court.
Ruth Tomazzolli
Gave a copy of a flyer. Suggested opening the rec center to the seniors for use.
Stated we should not continue pursuing the bus shelter issue.
Harry Williams
Wants to clarify a point while the attorneys are present that there is a policy in effect that the Board will answer questions and if there is not an answer they need to answer them at the next meeting. This policy has not been rescinded. This policy will be reviewed and revisions made if necessary.
Ms. Kidd
If we have comments at beginning of meeting we need the agenda ahead of time but membership does not always understand the agenda.
Legal counsel stated answers to questions that are appropriate would be given and that the Board is not required to answer every question. The purpose of Board meetings is to make the Association run as effectively as possible, for member dialog otherwise agenda will not be completed. Good communication is the key here membership should not get lost in the history and the details. Going forward better communication should be goal.
Ms. Foster
Motions should be presented at one meeting and voted on at the next meeting giving time to respond.
Legal counsel advised this is a corporation and the Directors were voted to make the decisions. The Board is voted in to do the business. If there is a problem with communication then have town hall meetings where this can be taken care of.
Motion made by Peggy Cooney, seconded by Phyllis Haase, to move to executive session.
In the absence of response by the Board the President asked if anyone had any objections to adjourning, and no one did therefore the meeting adjourned.
Yea: Mrs. Bruno, Ms. Cooney, Ms. Haase, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta, Mrs. White
Absent: Mr. Herbert
Nay: None
Motion Carried.
The meeting was adjourned at 1:10 p.m. The meeting reconvened at 6 p.m.
The Secretary re-called the roll.
Present were Ms. Bruno, Ms. Cooney, Mrs. Harris, Mr. Kirk, Mr. Rametta, Mrs. White
Absent was Ms. Haase, Mr. Herbert and Ms. Padilla-Riss. APCP 12/19/09 Board Meeting Minutes – Page 8
Mr. Schlaack, Ms. O’Neil, Mr. Young and Mr. Haros were also no longer in attendance.
Motion made by Bernadette Bruno, seconded by Peggy Cooney, to accept the resignation of Robert Kirk as liaison to the B & A Committee and to appoint Phyllis Haase.
Yea: Mrs. Bruno, Ms. Cooney, Mrs. Harris, Mr. Kirk, Mr. Rametta, Mrs. White
Absent: Ms. Haase, Mr. Herbert, Ms. Padilla-Riss
Nay: None
Motion Carried.
A motion was made to adjourn the meeting and the meeting adjourned at 6:03 p.m. APCP 12/19/09 Board Meeting Minutes – Page 9
Motion made by Bernadette Bruno, seconded by Robert Kirk, to approve accept Phyllis Haase as Director to A Pocono Country Place POA.
Yea: Mrs. Bruno, Ms. Cooney, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta, Mrs. White
Absent: Mr. Herbert
Nay: None
Motion Carried.
Motion made by Karen White, seconded by Peggy Cooney, to approve the Long Range Planning Focus Group as an Ad Hoc Committee, the terms of the committee and requirements to follow.
Yea: Mrs. Bruno, Ms. Cooney, Ms. Haase, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta, Mrs. White
Absent: Mr. Herbert
Nay: None
Motion Carried.
Motion made by Janet Harris, seconded by Peggy Cooney, to correct the Rules and Regulations pertaining to 20 days appeal to put Rules and Regulations in compliance with the Bylaws.
Yea: Mrs. Bruno, Ms. Cooney, Ms. Haase, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta, Mrs. White
Absent: Mr. Herbert
Nay: None
Motion Carried.
Motion made by Bernadette Bruno to ratify the minutes of October 17, 2009 as we were unable to clarify the question.
Yea: Mrs. Bruno, Ms. Cooney, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta, Mrs. White
Abstain: Ms. Haase
Absent: Mr. Herbert
Nay: None
Motion Carried.
Motion made by Bernadette Bruno, seconded by Peggy Cooney, to approve the minutes of the Board November 21, 2009.
Yea: Mrs. Bruno, Ms. Cooney, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta
Abstain: Ms. Haase and Mrs. White
Absent: Mr. Herbert
Nay: None
Motion Carried. APCP 12/19/09 Board Meeting Minutes – Page 10
Motion made by Peggy Cooney, seconded by Karen White, to approve the minutes of the Special Meeting to approve 2010 budget November 18, 2009.
Yea: Mrs. Bruno, Ms. Cooney, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta, Mrs. White
Abstain: Ms. Haase
Absent: Mr. Herbert
Nay: None
Motion Carried.
Motion made by Joe Rametta, seconded by Robert Kirk, to still have the New Years party with no cover charge and bring your own food and beverages (no alcohol).
Yea: Mr. Kirk, Mr. Rametta, Mrs. White
Absent: Mr. Herbert
Nay: Ms. Bruno, Ms. Cooney, Ms. Haase, Mrs. Harris, Ms. Padilla-Riss
Motion Failed.
Motion made by Peggy Cooney, seconded by Phyllis Haase, to move to executive session.
In the absence of response by the Board the President asked if anyone had any objections to adjourning, and no one did therefore the meeting adjourned.
Yea: Mrs. Bruno, Ms. Cooney, Ms. Haase, Mrs. Harris, Mr. Kirk, Ms. Padilla-Riss, Mr. Rametta, Mrs. White
Absent: Mr. Herbert
Nay: None
Motion Carried.
Motion made by Bernadette Bruno, seconded by Peggy Cooney, to accept the resignation of Robert Kirk as liaison to the B & A Committee and to appoint Phyllis Haase.
Yea: Mrs. Bruno, Ms. Cooney, Mrs. Harris, Mr. Kirk, Mr. Rametta, Mrs. White
Absent: Ms. Haase, Mr. Herbert, Ms. Padilla-Riss
Nay: None
Motion Carried.
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