REGULAR MEETING MINUTES SEPTEMBER 19, 2018
Call to Order:
President Tom Tallman called the meeting to order at 6:02 PM and commenced with the Pledge of Allegiance.
Jeffrey S. Treat, Esq., who was recently appointed as Solicitor for the Lake Cadjaw Watershed Association, was then introduced to meeting attendees.
Secretary Kelly Heath noted that the following persons were present:
1. President Tom Tallman
2. Vice President Will Hazimo
3. Vice President John Mulligan
4. Vice President Ellen Wertman
5. Vice President Linda Vonson
6. Secretary Kelly Heath
7. Treasurer Linda Tallman
8. Jeffrey S. Treat, Esq.
9. Michael Stanton
10. Kathy Drexel
11. Mary St. Clair
12. Jerry Smith
13. Patty Smith
14. Thomas R. Gillette
15. Sarah Gillette
16. Ed Grossman
17. Barry Temperton
18. Gary Racht, Sr.
19. Gary Racht, Jr.
20. Melissa and Don Gilson
21. Pamela Krupski
22. Dan Guinther, Sr.
23. Pat Guinther
24. Jim Stehlik
25. John A. Glucksnis
26. Willie Reinfurt
27. Libby Petch
28. Bob Duckwitz
29. Tom Atkinson
30. Sheila Vaswani
31. Laurie Mulligan
32. Mike Evans
33. Joyce Skinner
34. Jim LaPoint
35. Mary Ellen LaPoint
36. Jim Grossman
37. Valerie Grossman
38. Cathie Kelly
39. Danielle Hazimof
40. Bob Suhosky
41. Linda Suhosky
42. Stephen Putzi
43. Amy Putzi
44. Paul Talarico
45. Christopher E. Farrell, Esq.
46. Heather Christensen
47. Ashley Gager
48. Jim Burzon
49. Frank Shylkofski
A summary of the minutes of the meeting held August 19, 2018 was read by Secretary Heath.
Motion to approve the Minutes was made by Will Hazimof, seconded by Tom Tallman and unanimously carried.
Treasurer Tallman read the Treasurer’s report. The following account balances were reported:
· Checking Account: $12,351.41
· Savings Account: $14,253.22
· Raffle Account: $7,512.00
· Total cash on hand: $34,116.63
Motion to approve the Treasurer’s Report was made by Ellen Wertman, seconded by Kelly Heath, and unanimously carried.
Member Sheila Vaswani was then recognized and given the floor to express concerns about past and present rumors pertaining to LCWA. She was attempting to set aside any and all gossip that has been circulated in the neighborhoods on both sides of the Lake as being untrue. She stated that the Association is held to legal standards and the Board is responsible for upholding those standards. Fierce remarks by member, Pamela Krupski were directed toward Ms. Vaswani’s comments and the two-minute rule for speaking had to be enforced against Mrs. Krupski by President Tallman.
Member Tom Atkinson then suggested that LCWA seek funding from the Pennsylvania Fish and Boat and/or Game Commisions for available programs for habitat improvement/enrichment.
President Tallman announced that LCWA has received construction bids for the proposed dam repair project. The bids received were as follows:
Leeward Construction: $269,000.00
Reinfurt Excavating: $249,000.00
After a discussion regarding the bids, it was noted that by implementing dues in the amount of $500.00 per year for three years (due May 31st of east year), current residents of the Lake Cadjaw Community (defined by deeded lake rights/access) could fund this project at a modest price of $1,500 per member.
A Letter of Intent has been received from Suzanne and Kevin Day, the owners of the land adjacent to the dam, stating their intentions to convey the portion of their property that LCWA will need to perform the necessary repairs to the dam, which will now allow construction to proceed.
Member Jeff Wood addressed the prospect of lakefront land sales. President Tom Tallman tabled the issue since it is no longer a primary means of funding the project and reassessment of any plan to sell the land owned by the Association will be discussed at a future date. However, there are some parties still interested in purchasing lakefront lots and they will be available upon request.
It was determined that assessments and dues are separate entities.
An attorney representing member Paul Talarico inquired as to how assessments would be assigned in terms of families versus lots owned. LCWA intends that dues and assessments will be assigned per household, not per property and /or lots owned.
Member Sheila Vaswani reminded attendees that dues, assessments, and donations are tax deductible.
Jim Stehlik suggested the project scope may change and a contingency plan may be in order.
The enforcement of the payment of dues will be accomplished through legal action in the form of property liens. It was stated that deeded “lake rights” include an obligation for the maintenance of the lake. In short, if a resident is afforded lake rights in their property deeds, they are obligated to pay their fair share of the cost to repair the dam.A question was raised as to the possibility of raising the level of the Lake. Central Wayne Regional Authority had previously stated that the lake level could be raised two (2) feet without any detrimental consequences. In order to raise the water level, the DEP requires that wetlands be traded or swapped.
This action is beyond the scope of the dam repair project, which is the top priority of LCWA at this time, and will be explored at a more suitable time.
Multi-dwelling property owners’ dues and other assessments have not yet been established. LCWA will work to negotiate fairly with these property owners as well as commercial property owners.
Mr. Talarico’s attorney then addressed the language of the newly proposed By Laws regarding the term “dues” vs. “assessments”, indicating a need for clarification. LCWA Solicitor Jeff Treat suggested that the word “dues” be eliminated from the By Laws by a future amendment to avoid confusion.
It was noted that dues for the upcoming year(s) will be established by the Board and all land owners will be informed of the amount in writing in the not so distant future.
Adoption of Amended Bylaws:
A vote to adopt the proposed Amended By laws was then put to the membership. The following votes were counted:
· For - 26
· Against - 1
· Abstain - 1
President Tallman asked for a motion to adopt the Amended By Laws, which was made by Mary St. Clair, seconded by Willie Reinfurt, and carried.
ThE dam remains status quo. President Tallman announced that we were refraining from performing the bore tests until the outcome of the vote to adopt the Amended By Laws. Since the adoption of the Amended By Laws received a favorable vote, he stated that the bore testing will begin within ten (10) days from receipt of his call to the company performing said testing.
A question was raised as to when construction would begin. President Tallman stated that after the bore tests are performed, samples will be run and the results will be sent to the DEP, after which the DEP will analyze the data and return the same to our engineer (which may happen a few times). We will then need to locate a place to get the fill material and have that material analyzed, which could possibly change the amount of fill needed for our project. This process could take a couple of years and we are hoping to start the dam repairs by 2021-2022.
LCWA is requesting assistance with the required repair of the dam spillway which will require 4”x4”x6’ by ½” thick stainless steel angle iron. President Tallman asked that if any member has connections with this type material to please let him know.
There are wildlife burrow holes in the earthen dam and we need volunteers to help fill them.LCWA would like to remind members that donations can be made in a variety of ways. Volunteering at any of our events is both helpful and fun for those who are able. It’s a great way to contribute and get to know others in the Lake Cadjaw Community. If this isn’t something that interests members, we ask that they consider selling tickets for our annual kayak raffle (One (1) chance for $5 and Three (3) chances for $10). Lake Cadjaw T-shirts are also for sale at $20 each. Additionally, LCWA raffles a variety of donated gift baskets/crafts (valued at $50 each) at the annual Downtown events (Steampunk Sidewalk Sales, Harvest and Heritage Days and Honesdale for the Holidays). Chances are One (1) for $2 and Three (3) for $5.
Monetary gifts are also accepted at any time. Donations for events in the form of materials and products to offset the cost of certain events (i.e., the upcoming Fall Pig Roast) are welcome. Please visit our Website (https://www.lakecadjawwatershed.com) for contact information to inquire how you can help as well as information on upcoming events.
You can also send a message to us on Facebook (https://www.facebook.com/cadjawfriends/ or https://www.facebook.com/savecadjaw/) but don't forget to LIKE the pages.
There was a reminder that the Association will be participating in the annual events in Downtown Honesdale:
· Harvest and Heritage Days, Saturday and Sunday, October 6th and 7th 2018
· Honesdale for the Holidays, Saturday November 24th and (TENTATIVELY) Sunday, November 25th 2018.
Additionally, the date has been finalized for our Fall Pig Roast Fundraiser. It will be held on Sunday, October 14, 2018 with pickup at 100 4th Street, Honesdale (across from ReMax Wayne) between 11:30 AM and 2:00 PM. Tickets will be available for sale at a cost of $12, which includes a roll, two sides, and dessert.
President Tallman called for adjournment and the meeting was adjourned at 6:45 PM.
Kelly A Heath, Secretary
SPECIAL OFFICERS' MEETING MINUTES JUNE 1, 2018
A Special Meeting of the Lake Cadjaw Watershed Association Officers was held at the residence of Tom and Linda Tallman, 67 Lakeside Drive, Honesdale, PA 18431 on Friday,
June 11, 2018.
President Tom Tallman called the meeting to order at 5:15 PM.
The purpose of this meeting was to put to a vote the advancement of land sales of LCWA properties to lakefront residents in order to raise the funds required to repair the Lake Cadjaw dam.
The following items were then put to a vote:
Sale of lots abutting residents’ lakefront property (Passed Unanimously).
Price for individual lots will be set at $400 per linear foot, i.e., 20' will be $8,000.00 (Passed Unanimously).
Price reduction for purchase of four (4) or more lots is set at $6,500.00 per 20' lot (Passed Unanimously).
Purchase and introduction of Grass Carp to the lake in order to bring vegetation under control (Passed Unanimously).
All motions were carried.
Summer Fundraisers: A discussion was held concerning the logistics of a Chicken Barbecue fundraiser which will be held in July. Also discussed was participation in the 2018 Downtown Honesdale events (Steampunk Honesdale, Harvest & Heritage Days, and Honesdale for the Holidays). It was unanimously agreed that LCWA will participate in all events during the 2018 season.
Adjournment: President Tom Tallman adjourned the meeting at 5:30PM.
Kelly A. Heath, Secretary
REGULAR MEETING MINUTES JULY 1, 2018
The meeting was held at the Cherry Ridge Township Municipal Building and called to order by President Tom Tallman at 10:10 AM and commenced with the Pledge of Allegiance.
A moment of silence was observed in memory of Lisa and Bill Hazimof (parents of Vice President Will Hazimof) who passed away January 18, 2018 and June 16, 2018 respectively. The Association’s sympathy is extended to the Hazimof family at this very difficult time.
In the absence of Secretary Kelly Heath, Vice President Ellen Wertman assumed the Secretary’s responsibilities for this meeting and noted the following people in attendance:
1. Chester O’Connell
2. Michele & William Nevins
3. Jeff Wood
4. Glen & Nina Granville
5. Jean Scopelliti
6. Jim Burzon
7. Lauren Grimm
8. Peter Needham
9. James Stehlik
10. Steve Lott
11. Gary Miller & Michele Miller
12. Heather Christensen
13. Raymond Scholl
14. Sal & Michael Rosa
15. Paul Talarico
16. Tom Tallman
17. Will Hazimof
18. Ellen Wertman
19. Linda Vonson
20. Linda Tallman
A summary of the minutes from the prior meeting on May 19, 2018 as well as a special Board meeting on 6/1/18 were read by Treasurer Linda Tallman.
Motion to approve was made by Vice President Vonson, seconded by Vice President Hazimof and carried.
Treasurer Linda Tallman read the Treasurer’s Report reflecting the period beginning 5/19/18 through 7/1/18. The following balances were reported:
· Checking Account: $17,139.47
· Savings Account: $14,250.72
· Raffle Account: $7,085.00
Total Cash on Hand: $38,475.19
Motion to approve was made by Vice President Wertman, seconded by Heather Christensen and carried.
· Importance of all residents’ participation in this project is essential. Repairing the dam benefits all community members and the burden of cost should be distributed among every household that is granted “lake rights”.
· Construction bond will no longer come at a cost of $70,000. A bill was recently passed in legislation that stipulates a one-time charge of $1,000 per lake and 1% of the prior cost of the $70,000 performance bond ($700) previously set for the lake will be charged annually. This information was passed on by State Representative Jonathan Fritz. Low interest loans for lakes with faulty dams was also passed in this legislation.
· The Day family, who owns the South side of the dam, has agreed to convey ownership of the property they own which is needed to perform the required dam restoration (with all costs associated with said conveyance being borne by the Association), but we have not yet solidified the agreement in any official written capacity. In return for that portion of their property being conveyed, the Day family will be able to construct a dock on Lake Cadjaw and be able to use the property as they have in the past, i.e., mowing, etc. If the Association is unable to get the necessary funding for the dam project, the land will be returned to the Day family as it was prior to this agreement.
· Mr. Krupski suggested that a business plan be drafted for the dam project. It was noted that a business plan is in place and other options are being explored.
· The Dam house roof is in need of repair and will be fixed by Ed Grossman or Michael Bates.
· Sales of land owned by the Association were further discussed, and it was noted that sales agreements will be drafted by a lawyer.
· It was noted that the longer we wait to do this project the more it is going to cost.
Request for volunteers for upcoming events (Downtown Honesdale):
· Chicken Barbecue July 15, 2018
· Steampunk Honesdale Sidewalk Sales July 21st & 22nd 2018
· Harvest and Heritage Days October 6th and 7th, 2018
· Honesdale for the Holidays November 24th and 25th, 2018
Topics of discussion included the following:
· Al Krupski addressed the clearing of the accesses on the West side of the Lake. He agreed to head this project and perform the work.
· Suggestion/inquiry of a vote to move forward with pursuit of a low interest loan to fund the dam project.
· The verbal deadline from DEP for project completion is 2023 but DEP has yet to provide documentation stating the actual deadline.
· There has been a challenge by a lake consortium (which LCWA is a part of) as to the current data on file acquired through flawed estimates due to a broken rain gauge used during the 1942 flood in Honesdale. It was noted that a firm in Colorado has been hired to re-assess this data the consortium is awaiting the results.
· A request was received for detailed, written legal assessment of the land sale information
· Quarterly dues payment as an option was discussed.
· Reiteration of the need for legal documentation of agreement between the Day family and LCWA.
· Concerns about loss of lake access through land sales were addressed.
· Concerns about loss of property if water levels are allowed to be raised were addressed and President Tallman reiterated that the Sewer Authority stated that the maximum height that the water level could be raised is 2 feet as far as they are concerned. The DEP has responded to this question and stated that a starting point for them would be for the Association to swap out wetlands for another property to turn into wetlands.
· Concerns about road maintenance on the West side of the lake. The Association has never been involved in the maintenance of any of the roads.
Motion to adjourn the meeting was made at 11:30 AM by President Tom Tallman, seconded by Ellen Wertman and carried.
Kelly A. Heath, Secretary
Lake Cadjaw ~ Honesdale, PA
SPECIAL OFFICERS' MEETING JULY 31, 2018
The meeting was held at the home of Tom and Linda Tallman, 67 Lakeside Drive, Honesdale PA after six (6) days’ notice having been previously given.
This special meeting of the LCWA Officers was called to order by President Tom Tallman at 5:46 PM.
Secretary Kelly Heath noted that the following Officers were present:
· President Tom Tallman
· Vice President Will Hazimof
· Vice President Linda Vonson
· Vice President Ellen Wertman
· Secretary Kelly Heath
· Treasurer Linda Tallman
It was duly noted that Vice President John Mulligan was recuperating from surgery and could not attend.
Orders of Business:
The Board of Directors met to put the following orders of business to a vote:
· To retain Jeffrey S. Treat, Esq. as Solicitor of the Lake Cadjaw Watershed Association. The vote was unanimous and the motion was carried.
· To amend the By Laws of Lake Cadjaw Watershed Association. The vote was unanimous and the motion was carried.
· To pursue a plan of communication between members of Lake Cadjaw Watershed Association and the Board to include E-mail notifications and standard mailings. The vote was unanimous and the motion carried.
The following issues were brought forth following the official votes:
· Defining “Membership,” in the context of households vs. individuals as it pertains to voting privileges during meetings. It was unanimously agreed to adopt one (1) vote per household family regardless of the number of properties owned.
· Dues/memberships for commercial residences (rental properties). This matter was tabled and will be addressed at a future meeting.
· The next meeting of the LCWA was tentatively set for August 19, 2018.
· The logistics of the upcoming Pig Roast Fundraiser scheduled for October 14, 2018 were discussed at length.
President Tallman called for adjournment of the meeting at 6:33 PM, which was seconded by Kelly Heath and carried.
Kelly A. Heath, Secretary
REGULAR MEETING MINUTES MAY 19, 2018
The meeting was held at the Tallman residence, 67 Lakeside Drive, Honesdale, PA 18431 on May 19, 2018.
Call to Order: President Tom Tallman called the meeting to order at 4:15 PM.
Roll Call and Reading of Minutes:
Secretary Heath took attendance. The following members were present:
President Tom Tallman
Vice President John Mulligan
Secretary Kelly Heath
Treasurer Linda Tallman
Also present: Jim Stehlik, Donald Gilson, Peter Needham, Alex Krupski, and Robert Duckwitz.
Secretary Heath read a summary of the minutes from September’s meeting (9/24/2017).
Motion to approve the minutes was made by Alex Krupski seconded by Linda Tallman and carried.
Treasurer Linda Tallman read the Treasurer’s Report
Checking Account Summary $17,611.24
Savings Account Summary $14,248.30
Raffle Account Summary $6,850.00
Total Cash on hand $38,709.54
Motion to approve was made by Tom Tallman, seconded by Kelly Heath and carried.
Dues: Annual membership dues in the amount of $100.00 are due May 31, 2018.
Annual Fundraiser: Our Kayak raffle will be drawn on June 2, 2018.
Dam Status: The dam remains status quo with inspections and permits in good standing.
LCWA has joined a network consisting of 2,500 people who have property on 300 lakes all facing the same or similar issues with their dams. The mandated model previously established by DEP for measuring rainfall which could affect the structure of our dam and the possible breaching by DEP appears to be based upon flawed data during the flood of 1942. Measurements were obtained using a glass rain gauge that broke during rainfall and estimates were used for the model. This standard is now being challenged through an ongoing investigation with a firm in Colorado with the possible objective of updating the model. During this investigation, if it is determined unsuccessful and the model is not changed, at the very least it will give us more time to repair the dam.
Bore samples are required and have been scheduled but the DEP is not returning telephone calls. Two bore sample tests will not be performed because they are not needed at this time since the level of the lake cannot be changed.
It has been reported that the roof on the dam house is in need of repair.
Lakefront Property Sales: A lengthy discussion at this meeting continued concerning the sale of property owned by LCWA to adjoining owners. All surveying and closing costs required to complete said sales will be borne by the prospective purchasers. Mr. Krupski suggested that a legal document be provided that will guarantee access to the backside of the dam from by the current owners of that property and some form of guarantee of repair be provided before land sales occur. Low interest loans are available but we have no practical way to mandate payment by all residents. LCWA has three cost estimates for dam repair and is willing to network with other engineers, builders and surveyors. It is our understanding that if the dam is not repaired, Lake Cadjaw residents will be collectively responsible for the cost of breaching. There are 65 lots on the west side of the lake. If each property is sold for $8,000.00 our monetary objective will be reached. LCWA suggests/requests any residents who are selling their property notify LCWA so that a buyer have the opportunity to purchase the existing residential property as well as that which extends beyond toward the lakefront.
Upcoming Meeting: To be announced.
Upcoming Events: LCWA raffles baskets throughout the seasonal events downtown:
Steampunk Sidewalk Sales (July)
Harvest and Heritage Days (October)
Honesdale for the Holidays (November)
Baskets can be donated by members of the community and local businesses and should have a value of $50.00 each. Five baskets are requested at this time.
Fundraising Ideas: LCWA will be holding a chicken barbecue fundraiser at some point during the summer of 2018.
Adjournment: President Tom Tallman adjourned the meeting at 5:10 PM.
Kelly A. Heath, Secretary
REGULAR MEETING MINUTES AUGUST 19, 2018
Call to Order:
The meeting, which was held at the Cherry Ridge Township Municipal Building, was called to order at 10:07 AM and commenced with a recital of the Pledge of Allegiance.
Secretary Kelly Heath noted that the following people were present:
1. President Tom Tallman
2. Vice President Linda Vonson
3. Vice President John Mulligan
4. Vice President Will Hazimof
5. Secretary Kelly Heath
6. Treasurer Linda Tallman
7. Jeff Wood
8. Raymond Scholl
9. Michael Rosa
10. Paul Talerico
11. Alex Krupski
12. Kathy Drexel
13. Sheila Vaswani
14. Dan, Sr. and Pat Gunther
15. Maggie Ozcan
16. Bob Duckwitz
17. Peter Needham
18. Jim Stehlik
19. Ashley Gager
20. Laurie Mulligan
21. Michael P. Stanton
22. Gary Racht, Jr.
23. Gary Racht, Sr.
A summary of the minutes of the meeting on July 1, 2018 as well as the minutes of the Special Meeting of the LCWA Officers on July 31, 2018 were read by Secretary Heath. Motion to approve the Minutes was made by President Tallman, seconded by Laurie Mulligan and carried.
Treasurer Linda Tallman read the Treasurer’s report. The following account balances were reported:
· Checking Account: $18,575.41
· Savings Account: $14,251.89
· Raffle Account: $7,512.00
· Total cash on hand: $40,339.30
Motion to approve the Treasurer’s Report was made by President Tallman, seconded by Al Krupski and carried.
LCWA has retained the services of Jeffery S. Treat, Esq. as solicitor to oversee official legal business conducted by LCWA.
Al Krupski was recognized at this time with concerns regarding Mr. Treat’s specialty and the criteria used for hiring him.
President Tallman stated that the criteria for hiring Mr. Treat was based upon his experience, recommendations of others, and his fees. He is allowing the Association to conduct a lot of the legwork involved with printing, mailings, etc., which in turn will save the Association money that otherwise would have to be paid to legal counsel. While it was recognized that Mr. Treat has experience in many areas, the Association is interested in his expertise with his representation of other lake property owners’ associations that are or were in the same situation this Association is in. It was also noted that Mr. Treat was chosen from a selection of at least five (5) other local attorneys.
Jeff Wood was then recognized and stated that he is familiar with Mr. Treat and is confident in his abilities and qualifications as an attorney and he should serve the Association well.
At this time, President Tallman asked if there were any objections to retaining Mr. Treat. There were none noted.
LCWA is proposing revisions to its Bylaws that will reflect what will be required in undertaking the dam repair project. The primary need at this time is funding and it has recently become possible, due to new legislation, that lake communities in the Commonwealth of Pennsylvania are eligible to apply for and receive low-interest loans to be used for repair and restoration of dams. It is to be noted that the Association must qualify for this type of loan and there is no guarantee that it would be granted. This new opportunity will potentially provide LCWA the means to reach its most essential objective, with little or no obstruction, within the timeframe provided by DEP and ultimately meeting the projected deadline of 2023. LCWA must secure a means of repayment that will be acceptable when application for a loan is submitted. The Association’s track record of dues payable was noted in that our annual income amounts to approximately $5,000 per year from members who faithfully pay their dues on an annual basis, which is not enough for a project of this magnitude. LCWA deems that all property owners with vested lake rights to the waters of Lake Cadjaw should be compelled to share the burden of the cost of the dam repair which will only be accomplished through mandatory payment of dues and other such assessments as are needed in this endeavor. While sales of lakefront property remain an option, mandatory dues payments will provide a more equitable division of financial responsibility.
A non-member was then recognized and explained that she was having a problem accessing the lake through a point near her house because property owners who apparently own land adjacent to this
access are claiming it is private property. President Tallman will look into this matter and it is the opinion of the Board that she is illegally being denied access.
Alex Krupski was once again recognized as these amendments were being presented. He presented several issues and wanted to review a copy of the Bylaws, which were available for review at the meeting as stated in the Notice of Regular Meeting. He was then personally handed a copy of the Bylaws and given a “one-time only” privilege to take a picture of the Bylaws with his cell phone due to the provisions of the LCWA Rules for Conduct of Lake Cajaw Watershed Association Members; in particular Item 7, which states, “No cameras or other recording devices will be permitted at the Meeting. All cell phones, pagers and other electronic communication devices must be turned off.”
Mr. Krupski’s other concerns are listed and addressed to the best of the ability of the Officers present under the heading of “Other,” contained in these minutes as they are not all relevant to the topic at hand.
Disruption followed as other members spoke out of order and President Tallman recalled order and reclaimed the floor.
It was noted by Mr. Guinther that as per the LCWA Rules for Conduct above referred to, members are permitted up to two (2) minutes to address the meeting when recognized by the President.
Presentation of Proposed Amended Bylaws:
Treasurer Tallman was charged with reading aloud the amended Bylaws calling specific attention to the following, which reflect the proposed changes:
· Section 2.8- To assure that the dam and spillway of Lake Cadjaw meets the structural integrity standards as mandate by the Commonwealth of Pennsylvania during dam inspections. *
· Section 2.9- To assure the collection of funds for capital expenditures to maintain the structural integrity of the dam as required by governmental dam inspections. *
· Section 3.7- The Association, by and through its Officers, are empowered to establish dam assessments for all members and such other property owners with vested lake rights to the waters of Lake Cadjaw.*
· Section 3.8- Dam assessments shall be on an annual basis.*
· Section 3.9- In the event any member of property owner fails to pay dam assessments by the established due date, the Officers of Lake Cadjaw Watershed Association shall be empowered to engage legal counsel and institute legal proceedings to collect said dam assessments.*
· Section 5.3- The Secretary shall keep a correct record of all meetings of the Association and the Board of Directors. Those records shall be open for inspection at any time in the presence of the
Secretary by any member of the Association desiring to read them. The Secretary shall send all notices required by these Bylaws and applicable law. *
· Section 10.1- All notices to members or such property owners of any meetings, dues or dam assessments may be by electronic mail or the United States Mail. *
*Changes specifically recommended by Jeffery S. Treat, Esq.
Mr. Krupski then made a motion to table the presentation of the Amended Bylaws for adoption at the September meeting, which was seconded by Mr. Talerico. The motion was not carried and President Tallman then stated that the proposal to amend the Bylaws had been put forth by the Board of Directors, who voted unanimously to do so at the Special Meeting held on July 31, 2018. Procedures and policies dictated by these same Bylaws are being followed in this proposal, which states, “These laws may be amended at any regular meeting of the Association by a two-thirds vote provided the proposed amendment has been submitted in writing at the previous regular meeting.” The proposed Amended Bylaws are being presented at today’s regular meeting and will be voted on at the next regular meeting, which is scheduled for September. Tabling the proposal would only serve to delay the dam project as securing a loan is contingent upon implementing mandatory dues payments as collateral for that loan and will not benefit anyone.
President Tallman again reiterated that any business that is conducted by the LCWA is contained in a three-ring binder that is available for review during the course of any meeting.
It will be necessary for LCWA to notify its members routinely concerning specific matters as they relate to the ongoing process of dam repair. E-mail addresses were requested from members who have E-mail accounts to facilitate such correspondence in addition to saving money required to mail notifications. It was suggested that members be offered options for how they would like to be notified; i.e., United States Postal Service, electronically, or both.
Mr. Krupski voiced concerns about the following:
· Transparency of LCWA in terms of how business is conducted
· The availability of LCWA Bylaws
· The validity of special meetings of the Board of Directors of LCWA
· The pending written agreement between the Day Family, who owns the property on the backside of the dam, which is needed for the Association to complete the required dam repair
· Bids for land value assessment and true value of property
· Bids for dam construction
These concerns were addressed to the best of the ability of the Officers of LCWA.
Regarding transparency, it was noted that minutes and financial information are available on the Association’s Website as well as in the three-ring binders that are available at every meeting.
LCWA Bylaws will be posted on the Website. Treasurer Tallman agreed to post the current Bylaws to the Association’s Website immediately following this meeting.
Special meetings held by the Board of Directors of the LCWA are held at the discretion of the Officers and are specific to Lake business and how said business will be presented to members at regular meetings. Minutes of Board meetings are taken by the Secretary and posted chronologically on our Website.
The Day Family, who owns land that LCWA will need to access, has given verbal agreement to cooperate with our needs for new construction on more than one occasion to President Tallman, who is optimistic that they will act in good faith. It was noted also that the Day family would be willing to donate money as well to help with the funding of the dam project in addition to conveying their land. Mr. Tallman stressed their commitment to our cause as evidenced by their kindness and generosity. Mr. Tallman stated that he has been discussing this scenario with the Day family for years and due to the fact that we are retaining legal counsel for the Association, they are now agreeable to fulfill their commitment. Until this point, LCWA had not implemented the use of an attorney due to the fact that the initial plans of action were still being formulated. Having now retained Attorney Treat, LCWA has reached its next step in the planning process and will proceed under his legal direction, which will include a legal and binding agreement between the Association and the Day family.
Secretary Heath offered that project planning and management is a coordinated process that requires broad overview of the scope of the project as a whole as well as each increment necessary to achieve both long and short-term goals and it is necessary for members to be mindful of that process. In retaining the services of Attorney Treat, LCWA has simply taken a first step in coordinating this project. It is assumed that Mr. Treat will advise the Association in securing the agreement with the Day Family and that that will be achieved as early as possible in the process. President Tallman added that he is more concerned about getting the funding necessary for the project than he is having the Day family convey the property needed to repair the dam as we have faith they will follow through with their promises.
Bids for construction will be provided in a timely manner.
The price of purchasing lots owned by the Association remains at $400.00 per linear foot. This scenario was for funding the dam project so if mandatory dues are enacted and we can get enough money going that route, we may not need to sell the land. However, land purchases may still remain an option.
Mr. Krupski had also volunteered to head the project of clearing various lake access points around the lake but requested a map with clear borders to avoid unintentional trespass onto private property. Member Ray Scholl suggested that sewer pumping stations were placed in accesses to the lake as he witnessed the surveys at the time and suggested that Mr. Krupski proceed on that basis.
Jeff Wood raised questions concerning land purchases and subsequent assessments. His primary concern is that some Lake Cadjaw property owners will purchase the available tracts of land on their
lakefronts and assume a larger financial burden in the event of LCWA falling short of reaching its financial goals and ultimately issuing assessments that will be applied equally to those who already assumed higher costs by purchasing land. Mr. Wood questioned the fairness of an equally applied assessment to residents who did not assume the excess financial burden and to someone who did. President Tallman took Mr. Wood’s concerns under advisement and it will be considered as the legal and financial plans of LCWA are established and finalized.
During discussion President Tallman asked for a show of hands in support of repairing the dam and keeping the lake. All present raised their hands. He then asked for a show of hands in support of breaching the dam. No hands were raised. This was followed with a reiteration of the Board that they are always interested in ideas that will more easily lead us to the achievement of our goal and will consider any other feasible solutions to solving the dam problem.
Member Sheila Vaswani was recognized and stated that property owners should be amenable to assessments over property liens and added that payments by property owners to LCWA are also tax deductible.
It was once again suggested that obtaining a low-interest loan be put to a vote and the motion was tabled.
A vote was taken for the purchase of a reliable printer by LCWA and it was unanimous. The printer will be purchased using LCWA funds.
LCWA is selling T-shirts for $20.00 each. Proceeds contribute to dam restoration.
Please Save Lake Cadjaw:
LCWA once again asked members to contact our Pennsylvania Legislators and tell them:
· What Lake Cadjaw means to them
· Why is should not be drained and how it will affect each of them if it is drained
· How members use the lake and how often (fishing, boating, kayaking/canoeing, ice-fishing, swimming, scenic views, etc.)
· How far members travel to enjoy Lake Cadjaw
Member Sheila Vaswani added that the Lake’s history should also be included in pleading the case to save Lake Cadjaw.
Elected officials include:
· State Representative Jonathan Fritz, Honesdale, PA (570) 253-5533
· Senator Lisa Baker, Hawley, PA (570) 226-5960
· Governor Tom Wolf, (570) 614-2090
Please strongly request that money be placed into the capital budget for the dam repair/replacement
Lake Cadjaw Watershed Association will be hosting a Fall Pig Roast on Sunday, October 14, 2018 and requests participation from members. Members can participate by volunteering on the day of theevent, through ticket sales or through donations of needed resources. More information about this event will follow.
LCWA expressed gratitude to everyone who donated time and materials to our First Annual Chicken Barbecue held on 7/15/18. It was our most successful event yet, netting approximately $3,300. It is to be noted that Gary Racht, Jr., a member of LCWA, graciously donated all of the fresh chicken for our BBQ.
LCWA will also be participating in the annual events in Downtown Honesdale:
· Harvest and Heritage Days, Saturday and Sunday, October 6th & 7th , 2018
· Honesdale for the Holidays, Saturday November 24th and Sunday, November 25th , 2018
The date for the September meeting was then discussed and the need to schedule the meeting according to the availability of Attorney Treat. It was suggested that an evening during the regular work week be established and the dates of his availability were discussed as he is not available on weekends when the meetings have traditionally been held.
Disruption again followed with people speaking out of order and the meeting got off track. President Tallman called for adjournment of the meeting and it was then apparent that a date for the September meeting was not established.
President Tallman reconvened the meeting and it was decided that the next regular meeting will be held at 6:00 PM on Wednesday, September 19, 2018 at the Cherry Ridge Municipal Building. Members were urged to make every effort to attend as all members need to involve themselves in this venture.
President Tallman called for the official adjournment and the meeting was adjourned at 11:45 AM.
Kelly A. Heath, Secretary