Spring - Birchwood Lakes Community Association

Voice
Vol. 11 No. 1
Spring 2016
Board of Directors Election President’s Letter
The Board of Directors for Birchwood Lakes is a nine-member board. Each member
is elected for a three-year term and can serve two terms. There are three seats up for
election each year. Elected officers take their seats at the Annual Meeting.
For details on who can run for the Board of Directors, terms, election process, and
the duties and responsibilities of the Board of Directors please refer to the community
Bylaws. There are three (3) seats up for election each year. Elected officers will take
their seats at the Annual Meeting and will sit for a three-year term.
Running a community association is, without a doubt, tough work and will require
a commitment of a significant amount of time – more than just a board meeting once a
month - to be an effective member of the Board.
Be prepared to spend time reviewing paperwork, attending board and other special
meetings and workshops, as well as work on tasks and projects as needed. You will be
asked to chair or co-chair one or more committees and hold several committee meetings
a year to advance the various activities of the committee and the Association through
research and action. You will be required to review and learn about various projects and
activities and vote on many actions and decisions.
Serving on the Board of Directors can be time consuming, sometimes boring or frustrating, a thankless job, but the experience can be very rewarding knowing that you are
working to make your community a better place to live.
If you plan to run for the Board of Directors,
please submit your Candidacy Statement and
signed Petition to the office by June 1, 2016
Breakfast with Santa
More photos on page 2...
By Clare Bennett, President
Never before have I felt the responsibility of being a Board
Member and President, weigh so heavily on my mind, in my
heart, and on my shoulders, but bear it I do and I will continue to do so as we move forward with the assessment and the
projects being financed by the assessment. I joined the board
to help our community. I believe that is why most of us choose
to serve; we are committed to the Association and to YOU!
The decisions we have made and make, in my experience, are
always with the best interests of the Association in mind.
I believe with my whole heart that we are absolutely doing the right thing for the Association as a community and particularly for those members that are impacted by the
salt issue and by the Upper Lake Dam. The Board of Directors, with the input and assistance of the Budget & Finance Committee, has worked long and hard on developing the
assessment options. We live here too and we all share the burden of this assessment; we
are no different to the rest of the membership. For some it may not be a hardship and for
others we worry about how we will pay the proposed assessment as many of you do and
what we may have to give up in order to do so. The incentive personally for me to take
action and do these projects is that I KNOW if we don’t fix these problems now we will
face a much greater assessment in the not-too-distant future when we will be hit with severe DEP fines and lawsuits. I would rather pay a smaller assessment now as I can’t even
imagine the cost of an assessment that would cover DEP citations and lawsuits. How do
you even put a figure on those possible lawsuits?
Resolving these issues will improve our community. Making those impacted by the
salt problem whole is morally the right thing to do. The impacted members are among
the kindest, most patient people I have had the pleasure of meeting. They simply want
the situation resolved and are not out to make waves or sue the Association, so let us
do right by them. Repairing the Upper Birchwood Lake Dam will allow us to raise the
lake to its historic levels and the new walkway crossing will allow our members to walk
across the lake once again. Putting in a new and bigger maintenance facility will give
our maintenance staff a place to perform more in-house work such as servicing our
vehicles, a space for carpentry and other repair work, and storage of our vehicles and
equipment so they are not exposed to the elements.
All this, and more, will result in cost savings for us. An in-house salt storage facility
will allow for cost reductions by buying bulk supplies and will improve services to the
membership. Ultimately all these things will help increase our property and home values, which is something we all would like to see.
Now, I understand how upsetting this assessment is and the criticisms, the name calling, the accusations that the Board is ‘lining their pockets’ being made by a few members I personally can live with, because I know they are not true and I hope most of you
know that too. However, it is frivolous and unfounded comments like these that hurt our
Association and influence how people view our community. It is important to all of us to
move our community forward so that it can grow and become an attractive Association
to realtors and potential home buyers in our area; a place to be proud to call home. How
we talk about and portray our community is how others are judging us. Let us make a
joint effort to promote our community through our words and our actions.
Please review the assessment vote and send in your ballot by the April 1st deadline.
There will be a vote hearing on March 19th to answer questions related to the assessment. I believe that many of you understand the importance of these projects and the
assessment and you will send in your vote. I thank you sincerely for your commitment
to our community.
“Coming Together is a Beginning; Keeping Together is Progress; Working Together
is Success.” Henry Ford
2016 Septic Reminders
Postcards were mailed in February 2016 to those members that had their septic
tanks pumped/inspected in 2011. This is a reminder that you need to provide the
office with documentation before December 31, 2016 to avoid receiving a citation.
Birchwood Lakes Community Association
212 Aspen Road
Dingmans Ferry PA 18328
Stroudsburg, PA
18360
PERMIT NO. 42
PAID
PRSRT STD
U.S. POSTAGE
Birchwood VOICE
2
Easter Breakfast
Sunday, March 13, 2016
10:00am to 1:00pm at the Clubhouse
Fun with arts and crafts and the Easter Bunny
Annual Clean Up Day
Saturday, April 23, 2016
Meet at the Clubhouse @ 10:00am
Refreshments and snacks will be provided.
Birchwood will provide garbage bags, sticks
and gloves.
Rain Date: Saturday, April 30, 2016
Board Meeting Minutes
Due to the large amount of assessment information in this issue, Board meeting highlights are not included. Full Board meeting minutes can be found on the Association’s
website at www.birchwoodlakes.net.
Help Make our Community Better
Our community has lots going on, and that includes a range of upcoming social events
as well several important ongoing projects. The webmaster could always use input and
help, there’s always room for another article in the association newsletter, and several
committees—budget, beautification, road maintenance, governing documents, recreation,
resolutions, voting and elections, and our other committees — are looking for volunteers.
You can be instrumental in helping to plan the community-wide social activities, to
shares ideas on revenue generation, to create the association’s 5-year plan, share your
green thumb, and to get involved in any number of other important endeavors. All it takes
is a few hours of your time each month and a commitment to your neighbors.
There’s a lot to be gained from volunteering your time: new friends, new skills, recognition by your neighbors and—perhaps best of all—an improved community.
Contact the office and/or chairs of the committees today. Welcome to the party!
BirchwoodVoice
The official publication of the Birchwood Lakes Community Association
Published four times a year by
Community Newspaper Publishers
Stroudsburg PA
ADVERTISING INFORMATION
Email: mail@cnpnet.com or Phone: (570) 476-3103
The acceptance of advertising in Birchwood Voice does not constitute endorsement by the Birchwood
Lakes Community Association, the Board of Directors, the volunteers and staff who help put the paper
together, or the publisher. Position of advertisements is not guaranteed. All advertising is subject to acceptance by the publisher. The publisher is not responsible for errors in ads or claims made by advertisers.
Recreation Update
Spring 2016
By Barbie Negele
We would like to thank the volunteers and staff who participated in our
Breakfast with Santa, with a special
thanks going to Santa and his Elf. We
are very appreciative that they took time
away from the North Pole to visit with
us – we were very lucky!
Santa was very gracious and stayed
a long time, handing our presents to the
children and having pictures taken with
them. He spent time admiring the arts
and crafts created by the children and
one little girl even made an ornament for
Santa to hang on his tree!
Santa then paid us another visit in the afternoon when he stopped by with Mrs. Claus
and the Fire Department. We thank the Fire Department for paying us a visit on all the
trucks and bringing Santa & Mrs. Claus by again.
The Recreation Committee is now planning an Easter Breakfast and the schedule of
proposed events for the spring and summer. If you would like to volunteer for the committee and/or would like to run a social program please let the office know. The more
volunteers we have the more we can offer.
Spring 2016
Manager’s Message
Birchwood VOICE
By Carrie Ridner
As I write this, we are mid-way through winter and it has been
relatively mild. Although you wouldn’t know it by the snow/sleet and
ice storm last night. However, as Pocono winters go, this has been a
mild one.
Our summer reserve vote allowed us to purchase a leaf vacuum,
which has been an invaluable tool for our maintenance department.
With the extended fall season, maintenance was able to utilize this new equipment in
clearing a good amount of the areas that would flood/ice due to an accumulation of
leaves in the culverts and drainage swales.
By clearing drainage swales and culvert pipes of leaves and debris it helps preserve
the roads by not having water overtaking the roadway.
Our new security company from United American Security has been here onsite
for about six months. They have been identifying untidy properties at an alarming rate.
There have been a number of complaints that they’re overstepping. First let me say, I see
a great majority of the photos that are taken, and they do not enter owner’s properties to
take these photos. They are all taken from the street.
The Rules and Regulations, Section 98-50-12, Untidy/Unsightly Properties states
“Members shall maintain their lot in a neat, clean, and orderly condition. “Examples of
violations include but are not limited to: any item in significant disrepair; overgrown
grass/weeds on the lot; storage of discarded items such as household furnishings,
appliances and vehicle parts etc.; bulk items as defined by garbage solid waste disposal
namely garbage, rubbish, trash, litter, construction debris, tires, yard waste; visible storage of excessive and/or broken home maintenance equipment, building materials, etc.;
broken lawn furniture or furniture intended for indoor use.
If, in the opinion of BLCA Public Safety and Administration, the lot is untidy or
unmaintained, a written warning shall be sent to the member allowing thirty (30) days,
ten (10) days for overgrown grass/weeds, to comply.
As long as the problem is rectified within 30 days, no citation will be issued. It is not
the goal of the Association to cite people, but only to seek compliance with the rules
and regulations. If you have any questions, please do not hesitate to contact the office for
clarification or assistance.
3
From the Accounting Office
By Linda McGinley
You asked; we listened!
Many of you have asked for the convenience of paying dues by credit card. We are
excited to announce that the option to pay online is now available - not just for credit
card payments but also for payments from your checking/savings accounts.
Imagine no more writing and mailing checks or the inconvenience of making a trip
to the office just to pay your dues! Paying online is now possible thanks to the implementation of PAYLEASE - an easy, convenient way to pay your dues online and keep
track of your account balance - all from the comfort of your home.
Pay in full, make one time payments or set up recurring monthly payments with just
a few clicks!
Below are instructions for using this convenient payment method:
• Go to birchwoodlakes.net and click on the PAYONLINE link
• If you have not already registered with PAYLEASE, please enter your account
number and click PROCEED WITH THIS REGISTRATION. Your account number is your LOT, BLOCK and SECTION and is preceded with either a capital I
or U (Improved or Unimproved property) e.g. I000-00-00 or U000-00-00. Your
account number may be found on a recent communication/invoice or you can
email me at blcalin@ptd.net or give me a call at the office for this information.
• Enter your email and password on the next page and click CREATE ACCOUNT.
It’s that simple!
Once registered you will be taken to the MAKE A PAYMENT NOW page. You can
set up recurring payments, make a one-time payment, pay in full or simply just check
your balance.
The fees for using PAYLEASE will be calculated on the next screen - $2.95 per
ACH (online check) transaction or 3% per MasterCard/Discover/Visa transaction. You
will be able to review the total before submitting your payment.
The fees are charged by PAYLEASE and not collected by BLCA.
Please email blcalin@ptd.net or call me at the office should you require any assistance with this process.
Thank you for using PAYLEASE.
Birchwood VOICE
4
Vote Results
The Board is pleased to announce the 2016/17 fiscal year budget and reserve withdrawal votes passed. We received a total of 218 ballots.
2016/17 Fiscal Year Budget: Vote Passed
YES Ballots – 138
NO Ballots – 67
VOID Ballots – 12
Reserve Withdrawal: Vote Passed
YES Ballots – 143
NO Ballots – 60
VOID Ballots – 12
We thank the Judges of Elections for their time and dedication: Mike Bukaj, Pat
Collins, Nancy Halliday, Denis Murphy and Carolyn Todino.
If you have not updated your signature in a while it is recommended you go into the
Office to do so. We are experiencing an increase in signatures not matching between the
signature card and the ballot envelope. Also, please note only those names listed on the
deed may sign the ballot and only Members in Good Standing will have a valid vote.
— Welcome New Members —
During the period from March 2015 to January 2016, several homes were sold
within the community. Birchwood Lakes welcomes the following new members
into our community: Schoonmaker, Garen, Ganly, Cawley, Caruso, Roff, Farda,
Dwyer, Bouzyla, Kadsura Holdings, Pena, Leiderman, Smith, Bariletti, Mosteller,
Chuhuyeva, Stevens, Marques, Hulett, Crow, Catalpha Holdings, Traina, Capario,
Iribarren, Soukup, Patinha, Bauer, Papapietro, Sosa.
911 Signage
Many residents in Birchwood Lakes still do not have “911” street signs on their house
or in front of their property. When a call comes in requesting emergency assistance
(ambulance, fire, police), it is difficult for the Association to offer assistance in leading the
emergency volunteers to your home if it isn’t clearly marked with the 911 address.
Make sure your sign is visible from the road. If you need information on your 911
address, contact the BLCA Office at 570-828-2111. While we hope that you will never require emergency services, take a moment to help yourself and your loved ones just in case.
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Spring 2016
Dues Billing
All members of the Association should have recently received their dues billing. If
you have not received yours, please contact the office at 570.828.2111. Some things you
should be aware of:
• 2016/17 Annual Dues = $910 per full lot
• Due date is May 1, 2016
• There is a $10 discount on dues paid in full by April 30, 2016
• If you haven’t paid any previous balances, the annual late fee of $50 is applied on
June 1, 2016.
• Lot Improved Lots: Members who fail to pay the full balance on their account
by April 30 of any budget/fiscal year, will maintain their Lot Combination/Improvement (fees reduction) status, but will be charged the appropriate late fees
and other charges as outlined in BLCA Rules, Regulations & Fines, including an
additional $50 surcharge per adjoining lot within the parcel.
• We now accept credit card payments through PAYLEASE.
• If you wish to go on a payment plan please complete a payment plan application by April 15, 2016. A $25 administration fee will be required. Any requests
received after April 15 will incur additional fees: April 16 - June 1 = $25; after
June 1 = $50.
• For those members who are on existing payment plans for prior years dues the
annual charge of $25 will be applied to your account on May 1, 2016.
• For members who owe prior years dues and wish to go on a payment plan please
contact the office to set up a meeting to make payment arrangements.
• Members who are delinquent and who have not made payment plan arrangements
for prior years dues should do so immediately before legal action is pursued.
Collections
It is imperative that everyone pay their fair share of the costs to run the Association.
When property owners do not pay, it increases the costs for those who do pay.
Our collection process is quick and painful; not to mention the added costs to a delinquent owners account. The process starts in the local magistrate court, where the Association seeks judgment for unpaid dues and assessments.
Pennsylvania law is very clear that deeded owners in homeowners associations are legally responsible for payment of dues, fees and assessments. There is no acceptable reason
for not paying, even if you feel the services you receive are inadequate. It is extremely rare
where there is a case in which a magistrate or judge will deny an HOA’s dues/assessments.
The next step is the Association will file a recorded lien on you and your property. This
means that if you go to purchase a car, get a student loan, refinance your home, our lien
will appear and could very well jeopardize your ability to get credit. (We had one property
owner that could not get a student loan for her daughter without paying off our judgment
first.)
After the lien is filed, we have two options: a personal property sale or a real estate
sale. A personal property sale is where the Pike County Sheriff comes to your home and
“tags” your belongings; i.e., beds, TV, refrigerator, cars, boats, etc. and holds a sale of your
property in payment of your debt to the Association.
A real estate sale is where the Sheriff will auction your home for payment of your debt.
This is the less used of the two options; although last summer we did hold a Sheriff Sale of
a home.
Birchwood does not want your personal belongings or your home; however, the Association
need News
to be paid.Summer
The Administration
staff will help you set up a payment
Pocono does
Springs
2012
plan. We know that often times we are dealing with owners that are having hard times,
but we want to help you work your way to becoming a member in good standing. Please, I
encourage anyone behind in their dues to contact the office, we want to help you.
The Administration staff is always available to answer any questions you may have and
assist in any way possible. We have introduced a new pay online system. Linda McGinley, our Bookkeeper, has an article in this issue explaining how the system works and the
associated fees.
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Animals and Any Other Blockages Removed
Spring 2016
Birchwood VOICE
Holiday House Decorating Contest
5
The Lily Pad
1st place: 167 Doolan
2nd place: 133 Wisperwood
Issues and activities on our
lakes and in our environment
Holiday Coloring Contest
Lakes are Looking Good
Ages 9-12
1st place: Tristan Troxel (No Picture)
Ages 5-8
1st place: Emma Williams (Picture Available – permission received)
2nd place: Sophia Mullen (Picture Available - permission received)
Ages 1-4
1st place: Riley Callen (Picture available – permission received)
2nd place: Ana Schwenzer (No picture)
The Lake Management Committee, Board of Directors and staff have been working
together to improve our water quality and beaches. We have significantly reduced beach
closings resulting from e-coli by reducing our geese population. We hired EcoSolutions and their DINO 6 machine to remove silt and natural decomposition of leaves and
aquatic plants and organisms. This has improved the swimming experiences at Beaches
3 and 4. Come the springtime ‘the Geese Busters” will be out addling goose eggs again
in an effort to limit our geese population. This work is completed by volunteers. The
more volunteers we have the more we can accomplish. Come join the Lake Management
Committee for some aquatic fun while helping your community.
Fishing!
It’s that time of year when all fishermen can’t help thinking about the opening of trout
season or catching that first pickerel, looking at their equipment and wondering what lures
or new rods and reels to buy, and maybe whether it’s time to start your kids on a lifetime
of memories. This year, we’re all chompin’ at the bit. Here are a few reminders:
• Don’t forget that although Birchwood Lakes are private lakes, a PA resident or
non-resident fishing license is generally required for anyone over 16 years of age.
Exceptions can be reviewed on the PA Fish & Boat website.
• All four Birchwood lakes are catch and release only, with hefty fines for keeping
fish. This is the fourth year of the program approved by the Board.
• Only members in good standing and their guests are permitted to use our lakes and
beaches. Please report possible trespassing to the office or Public Safety.
• All members in good standing and their guests must wear their badges on hats or
outer clothing, so that they are clearly visible.
• Any boats used on our lakes must be registered at the office, with decals affixed
and visible on the bow and stern areas. No guest boats are permitted, nor gasoline
powered motors. (The only exception is our lake treatment contractor.)
• All boats, electric motors, and boat trailers should be carefully inspected and
cleaned of all weeds and debris before and after using them in our lakes to prevent
the spread of invasive species. If you use your boat in the Delaware River, take extra
precautions before using your boat in any of the four BLCA lakes.
Riley Callen - 1st place, Ages 1-4
Sophia Mullen - 2nd place, Ages 5-8
Summer Jobs!
We are accepting applications for Lifeguards and the Recreation Assistant’s position for
the 2016 summer season. Applications can be obtained from the Birchwood Office.
Emma Williams
1st place
Ages 5-8
Office Reminders
• Board Meetings are held monthly and are open to the membership. A list of dates
can be found in this newspaper.
• Remote Controls for gate access are now available for sale at the office. They are
$35 each. You must be a member in good standing and deeded owner to own one.
• Members can now use their cell phone or long distance phone number as a contact
number for the call box. NOTE: Members still need to have their visitors call from
the callbox to gain access, NOT from their cellphones.
• If you are a member in good standing for at least one year you can submit your
candidacy statement to serve on the board of directors. Deadline is JUNE 1st. Refer
to our bylaws for additional information and requirements.
• You can receive
this newspaper
and the monthly newsletter
REAL ESTATE SALES/RENTALS
electronically
✔ Must be bi-lingual (fluent
by providing the
in English and Spanish)
office with your
✔ No license? No problem
✔ We’ll provide training
email address.
✔ New license welcome
• “Like” us on
Contact
Alexa
Sanchez
Facebook at
Realtor/Team Leader
Birchwood Lakes
Call or Text: 570.588.8085
Community AssoOffice: 570.588.3440 ext. 315
ciation!
Now Interviewing!
Birchwood VOICE
6
Community Meeting
A community-wide informational meeting was held on January 9th to update the
membership on the three big projects and to obtain feedback on the proposed assessment
options which was sent to the membership in December. Due to the importance of the
meeting all members of the Association were invited to attend. While it appeared there
was a good attendance at the meeting there were, in fact, less than 60 properties represented by home and lot owners.
President Bennett shared a PowerPoint presentation she had prepared on the projects
and the four proposed assessment options. Copies of the presentation were available and
distributed to the members in attendance and were also made available to any member
requesting a copy via email. Following the presentation the members were given time
to ask any questions they had and submit them on index cards. Below are the questions
asked and the answers provided by President Bennett and other members of the Board of
Directors. After the question and answer session President Bennett opened the floor to any
member who wished to make a statement.
Anyone who wishes to obtain a copy of the presentation may contact the office at
info@birchwoodlakes.net.
Question & Answer Session
1. Why are we not buying the houses whose wells are contaminated – Lots cheaper?
We have approached some of the members impacted by this problem and they do not
want to sell! They want us to resolve this issue so they can fully utilize their homes
and water systems again. It is not financially feasible to buy out one or two and then
have to still put the remaining homes on a shared well system.
2. Where is new maintenance going to be?
The Capital Projects Committee, after reviewing three potential sites, recommended
to the Board for their approval property owned by the Association on Tamarack Road.
The Association owns a great deal of property over in that area and the draft plans
indicate about an acre of that
property would work well for
the new facility.
3. How do you expect people on fixed incomes to pay
for this? They are barely
able to pay bills now, if they
are lucky.
While we understand that
this Assessment is going to
be difficult for some people,
the Association has absolutely no other choice but to do
these projects and, as such,
they have to be funded somehow. We know that DEP will
cite us if we do not resolve
the salt contamination issue
and in a timely manner and
we know that the Upper
Birchwood Lake Dam has
to commence construction
within five years of receiving
the permit or they will drain
the lake.
4. Aren’t there any grants
available?
At this time there are no
grants available. Because we
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Spring 2016
are a private community there is little to no free money made available to communities like Birchwood. We will not stop looking, but at this time, no.
5. First, thank you for your service. We have been patiently waiting for the Upper
Lake to be fixed for 12 years. Once the permit is approved when do you expect
work to begin?
We have up to five years to begin construction from when the permit is received. We
have not received that permit yet and have been working on it for several years now.
I believe we are near the point of DEP approving it, possible this year, but I can’t
promise that. Saying that, I would hope that the funds to begin work will be available
sooner than the five years and that future Boards will approve beginning the work if
the funds are available.
6. Who is EPA? What right to they have to tell anything? Unconstitutional maybe?
EPA is a federal agency and DEP is a state agency. They have the right to tell us whatever they want! Failure to comply could very well be detrimental to the Association.
We know that DEP has already drained dams in the State for non-compliance.
7. How many are in good standing compared to not?
We have 642 homes in good standing and 235 not in good standing; 148 lots in good
standing and 77 lots not in good standing at this moment. That number will change
as we approach the end of the fiscal year as we traditionally see a higher number
of homes become in good standing. I had the office prepare some information on
collections as I know you are interested in our collection efforts. Over the last several
years we have been really focusing on collections. Since 2012 as of today we have
collected $188,720 in uncollected prior dues and in uncollected reserve prior dues we
have collected $76,547. Therefore, in less than four years we have collected a total of
$265,268. We need our dues; we need people to pay their dues and we have been very
serious about collecting on those people that haven’t been paying. In recent weeks we
have identified 11 properties for potential sheriff sale and have sent letters to those
people informing them that they must come into the office immediately to pay up or
get on payment plans or we are taking them to sheriff sale. That’s how serious the
Boards in recent years have been about collecting the Association’s money!
8. What guarantee will we receive from the contractor building the new storage facility that we won’t have liability if there is a failure of that new facility?
As most of us know, contractors and vendors warranty they product and their work for
a very limited time. I can assure you that the salt storage facility will be built to very
high standards and appropriate drainage will be installed during construction. The old
‘salt building’, was actually an old garage owned by the original Hess family. There
were no construction standards back then.
9. What are the effects of default has on each member?
If we default the bank will use our dues as collateral. Therefore, they will take the
dues and use any amount to settle the default. The remaining balance will come back
to the Association for operational costs. Since the meeting, we have learned that the
bank will work with the Association to limit that exposure as they do not want such
an outstanding loan on their books.
10. Why not look into alternate plans for a temporary maintenance facility... abandoned homes and foreclosure property?
Abandoned or foreclosed homes will not meet Township ordinances under any circumstances. We would not even get a conditional use permit. Aside from that, there is
no such property that could accommodate all our vehicles, equipment and supplies.
11. Why not figure out alternate ways of paying for assessment charges via leasing
land to cell phone and energy companies for solar or wind power generation?
Revenue generation of this type requires a significant amount of time and research to
even see if it is feasible. If anyone wants to be on a committee to work on this please
contact the office.
12. How long will the Association be responsible for the shared well?
We could be responsible for the system for 20 or 30 years, until we know the sodium
and chloride levels are no longer a problem for those area homeowners. If we continue
purging wells to pull the plume in and the salt out of the group we could very well see
the problem resolved sooner.
13. Why will the Association insurance not cover salt remediation?
The insurance company has stated that this is an exception. Insurance coverage for the
Homeowners Association specifically excludes any liability arising out of the actual,
alleged or threatened discharge, dispersal, seepage, migration, release or escape of
pollutants.
14. Has the option of buying the homes impacted by salt been explored? At 1 million
you could offer 100K each or at least buy a few to reduce the project.
Yes, some members were approached and did not want to sell their homes.
15. What happened to reserve money for maintenance building before salt program?
We still have reserve money for the maintenance building. This money will be used
for engineers, permits, surveys, etc. but there is only $120,000 in the line item. This
amount will not cover the cost of any one of the projects, but will help move the projects along while we get the rest of the funding needed.
Spring 2016
Birchwood VOICE
Community Meeting cont.
16. How can DEP drain Upper Lake when the big lake goes into it?
Again, DEP has the authority to drain Upper Birchwood Lake Dam if we do not
repair the dam. They will not factor in any other conditions.
17. Is BLCA fighting DEP? Another local community is before adding assessments.
The Association of Community Associations (AOCA) is a group of local communities. They are fighting DEP on raised and new permit and other dam related annual
and repair fee requirements. They are also working with Rosemary Brown to help
fund bond requirements. However, all communities are working with DEP on repairing dams because DEP has already demonstrated they are draining dams that do not
meet requirements, or who cannot make the repairs required. We know several other
communities, including local ones, have assessed their members for dam repairs.
18. You stated no record of the meeting. Your law degree, where is it? I want a recording of this meeting. Who do I sue? I have the right.
President Bennett stated that we would not be doing minutes of this meeting as it is
an informal, informational meeting only to provide information to the members and
to obtain their feedback. President Bennett firmly stated that any member has a right
to sue if you have grounds to sue. However, she reminded the attendees that when
someone sues the Association they are suing themselves, their family, friends and
neighbors, as we are ALL the Association. It hurts all our pockets.
19. Is it possible for Community Members to have the option of paying in full or installments? Some may prefer to pay in full at a savings.
While we have not got that far yet into the administration of the assessment, it is
believed that members will be given the option to pay in full, annually or monthly.
20. We are having one assessment – we should have an individual choice to select how
each prefers to pay our share. Will we have some choice?
The assessment option will be decided by the membership when it goes out to vote.
It is likely that the vote will give the members two options. The option with the most
votes will win.
21. Please consider making all meeting minutes available to all members.
All board meeting minutes are available online at www.birchwoodlakes.net. We have
been posting our minutes to our website for several years.
22. We will support the assessment. How can we help neighbors who legitimately
struggle with payment? Grants? Reduced rates?
We thank the members for their support. We understand the difficulties some of our
neighbors may have with paying. As addressed previously, we know that there are no
grants available to us at this time because we are a private community, but we will
7
continue to try. Reduced rates really aren’t an option because the assessment has to be
attributed evenly. We will try to work with members to the best of our ability, but we
must take into account the time restrictions we have on completing the projects.
23. What happens if I choose to not pay dues and sell my house this year?
If a member chooses not to pay dues or assessments we will make every effort to collect including liens and sheriff sales. If you sell your home the lien will go with you.
24. Would borrowing from the bank consume all of BLCA’s borrowing capability for
all 10 years?
If we take a ten-year loan then we will not be able to qualify for any additional loans
should they be needed for the duration of the loan. This is something we have to carefully consider and take into account as we prepare for these projects and determine
future needs. Saying this, we are also trying to take into consideration the needs of the
members and the financial burden this assessment places on all of us.
25. Would self-financing provide the needed cash flow rate to accomplish the projects
in a timely manner or will they have to be prioritized and scheduled sequentially?
If the Association votes on the self-financing option then yes, the projects would be
prioritized and scheduled accordingly also taking into account our time limitations.
26. Has BLCA ever borrowed this much ($3.5M) before?
No.
27. What happens if projects go over $3.5 million cost?
That is a concern, but we have got cost estimates from the Dam engineer and the
Maintenance Facility engineer as well as estimates on the various elements of the
salt project, so we have a strong idea on costs. We are also looking at aspects of the
projects that could be done in-house, thereby saving us money, such as clearing and
grading at the maintenance facility. Of course, living where we do, there is a concern
that we hit an unanticipated problem that may increase costs, but our engineers are
experienced in their fields and, hopefully, this won’t occur.
28. Will the Assessment be subject to a vote?
Yes. The Membership will vote on which assessment option they want.
29. Has any thought been given to choice of payments – Those who want to pay $100
per month combined with those who would want the loan payment system?
For accounting purposes only one option will be offered by membership vote. Beyond
that members may opt to pay in full, annually or monthly.
30. Would added assessment affect ability to pay dues monthly?
That is a question only you, the member, can answer. For some, yes, but we will try
to work with everyone. However, we have no other choice but to proceed with an
assessment. If we don’t do this now and get these projects done, we will pay a larger
assessment down the road through citations and lawsuits.
Birchwood VOICE
8
Please Take Note...
Boat Registration
A special note to BLCA boat owners, especially our lakefront owners: All boats in
the community must be registered and decals must be applied, including paddle
boats. If you need more information on this, contact the office for details.
Tennis Court Usage
Tennis courts, located opposite the Clubhouse, are available for members in
good standing and their guests. A key to access the courts can be obtained at
the BLCA Office and requires a $5 deposit. Badges must be displayed when
utilizing the facilities.
Right of Way Notice
All property owners are hereby put on notice that the Association has a right of
way on each roadway. Any personal property placed in the Association’s right
of way is not the Association’s responsibility and the Association will not be held
responsible for any damages incurred to said personal property. All property
owners are to refrain from placing personal property within the Association’s
right of way. The Association does not permit encroachment of any Association
property, which includes roads or right of ways, common area or any other location, which is BLCA property.
Building Permits
BLCA Rules and Regulations (Section 98-50-19), in accordance with the Association’s Covenants and Restrictions, require members to obtain a BLCA permit
prior to moving to, constructing, or erecting any structure or building within the
community. There is no fee for obtaining the permit. Additionally, permits are
needed for septic repairs and tree removals. For more information, or to confirm
you need a permit, contact the BLCA Office at 570-828-2111.
BLCA Curfew
BLCA has a curfew of 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday
and Saturday. As a courtesy to all members, please observe the curfew hours.
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Spring 2016
Assessment Vote Options
On February 12, 2016, the Board of Directors voted to approve the assessment
options as recommended by a joint workshop of the Board of Directors and Budget &
Finance Committee.
The two options, both for five years, that will go out for membership vote:
(a) A hybrid option that will be a $1.5M bank loan and $1.5M self-financed for a
total of $3M. The total amount for five years will be $4,020 breaking down into
$804 annually or $67/month.
(b) A fully self-financed option of $3M totaling $3,780 breaking down into $756
annually for five years or $63/month.
The Assessment would be billed annually. Those paying the annual assessment in
full will receive a $10 discount or you may choose to pay monthly installments. For
those who pay the entire five-year assessment in full there will be a $100 discount
The Assessment will be billed to all homeowners and lot owners in the community.
However, the assessment is based on 800 owners paying the assessment, recognizing this assessment may pose a hardship for some families. Historically, we paid the
SBA Loan two years early (8 years instead of 10) because of the delinquent money we
received and were able to pay down the loan much more quickly. The same principle
would apply to this assessment.
The Board also approved the vote timeline also recommended by the members of the
joint workshop as follows:
1) Vote Approved by BOD – February Board Meeting
2) Mailing to Membership – March 4, 2016
3) Vote Hearing – March 19, 2016 at 10:00am
4) Vote Deadline – April 1, 2016
5) Annual Special Assessment Due Date – July 1 of each year
Vote Options for Membership
OPTION (a)
Borrow $1,500,000 @ 5% for 60 months (total = $1,698,411)
800 anticipated payers = $36/month
Self-Finance $1,500,000 for 60 months
800 anticipated payers = $31/month
Annual Assessment.........................$804
Monthly Payment ............................ $67
Total to be paid over 5 years........ $4,020
OPTION (b)
Self-Finance $3,000,000 for 60 months
800 anticipated payers = $63/month
Annual Assessment......................... $756
Monthly Payment............................. $63
Total to be paid over 5 years........ $3,780
Assessment will be billed annually with payments due July 1 of each year.
Monthly installments will be permitted over 12 months, due by the 5th of each month.
The entire assessment (5 years) paid in full by July 1, 2016 will receive a $100 discount.
Annual Assessments paid in full by July 1, will receive a $10 discount.
Why Borrowing is a Good Idea
By now, you’ve heard we have big projects on the horizon, and we’re currently
reviewing how we’ll finance it. We understand special assessments—even though
they’re a one-time fee—can be tough to swallow. That’s why we’re also considering
securing a loan.
Lending rates are very low right now, which makes a loan an attractive option.
Through a loan, a lender is using an assignment of assessments as collateral.
Yes, a loan still has to be repaid and, because of interest, will lead to a higher cost
to the association than a special assessment. However, a loan means the association
will have all the funds up front to complete the project. We’ll be able to enter into
contracts without worrying about whether all owners will pay a special assessment
in full, on time and without the delay and cost of chasing delinquent owners.
Borrowing has many of the equitable features of reserves because the debt service is paid in modest amounts over a period of years. The obligation transfers from
one owner to the next as sales occur, thus spreading the costs and benefits in the
same manner as reserves.
We’ll be happy to share more details about the projects or securing a loan. Attend
open board meetings and let us know what you think.
And remember, whether we end up issuing a special assessment or securing a
loan, we have the greater good of the association in mind. Ultimately, this project is
about improving your home and your community, and will keep our association a
wonderful place to live for years to come. (Courtesy of CAI)
Spring 2016
Birchwood VOICE
The Projects – What You Should Know
Maintenance Facility
According to Association records, the existing maintenance building was constructed
in 1964. This building along with the accessory buildings on the property were conveyed
to the Association by All American Realty, the original developer. In 2002 the Association
submitted to Delaware Township a request for a variance to construct a new facility. The
Township denied the variance.
Still recognizing the need for an upgraded facility, in 2007 the membership approved
$65,000 for repair, replacement or addition to the current facility. A Reserve Study completed by the Association in 2009, indicated the salt shed was in poor condition and should
be replaced. The Capital Projects Committee went to work exploring options. During this
same time, a preliminary meeting was held with Delaware Township to discuss the scope
of the project. The Board of Directors engaged the services of a professional engineer and
began a lot combination process to meet building setbacks.
During 2010 the Board, Capital Projects Committee, and the engineer made great
strides in moving the new facility project forward. Lot combination was completed,
sketches and engineer designs were done and meetings held with the Township to ensure
setbacks, conditional use and variances were all covered.
Every plan was put on hold the day Birchwood received notice from DEP of water problems generating from the maintenance yard.
Over the next few years, removing the salt shed and related cleanup was a top priority
for the Board. Materials for winter deicing were and still are being purchased from a local
vendor at a premium cost to the Association as we have nowhere to storage such materials. A five year review of costs of using an outside vendor revealed that Birchwood spent
approximately $75,000 more by having to use an outside vendor for materials. Again, the
Capital Projects began a search for a
new maintenance facility. Feasibility
studies were done on three locations
owned by the Association; off Doolan Road, Milford Road across from
the fire substation, and a parcel on
Tamarack Dr. After much review and
studying, the Board designated the
Tamarack parcel as the best location.
Preliminary design work and an
informal meeting with the Township,
and a review by the Capital Projects
Committee have been completed. The
plan is to construct a pole barn style
maintenance building (approximately 4,000sq ft) to house the vehicles,
equipment and supplies, and to include
office space and bathroom facilities
and a concrete two bay road salt
storage building with fabric tension
roof, constructed to high standards,
storm water management system, well
& septic and several outdoor material
bays. The preliminary engineer’s cost
estimates for the complete project are
estimated at $450,000.
Board has worked diligently with the impacted owners, hydrogeologist and DEP to monitor and stabilize the impacted area. Two homes have been provided a tank water system to
provide water that meets the drinking water standards, and several other homes continue
to be provided with bottled water service.
As the Board searched for the best remedy to make those impacted owners “whole”
many different options were explored and discarded for a variety of reasons, mostly
because they were not viable options. The option of a shared well has been heavily explored and researched. Our engineer felt that the site of the existing maintenance building
could be re-purposed, with modifications, to serve as the water storage and well house
for a shared well system. Two locations outside of the impacted zone were identified and
exploratory wells drilled to determine if the water was acceptable and would provide the
needed production to service 8 – 15 homes, with water storage tanks to be housed in the
well house. Our engineers have been working with the Board to determine how best to run
these transmission water lines to the current maintenance yard (future well house). With
these preliminary designs, we met informally with the Township to discuss our intentions
and review the proposed plans, getting valuable feedback from the Township.
The Board of Directors continues to seek the best, most cost effective resolution to this
issue, which may include multi-faceted approaches, but it is the shared well that provides
a “one size fits all” solution. However, this is only one component of what needs to be
done for the impacted owners and the Associations ability to keep the affected areas in
place. We know at this time there are homes that will need plumbing and associated home
repairs as well as possibly having appliances replaced; nested wells may need to be drilled
in the fringe area in order to keep the salt plume in place, some wells will need to be
formally abandoned, and there will be continued monitoring and operations of the shared
well as well as purging of selected wells. The project will require major road repairs and
(continued on next page)
Sequoia Tree Service
•
•
•
•
•
Shared Well Facility
In late 2010 the Board of Directors
retained the services of Brian Oram,
Hydrogeologist, for the purposes of
an initial assessment and screening
in response to the notification from
DEP. Further, the Board discontinued
the use of on-site storage of winter
deicing materials, electing to purchase
directly from an offsite vendor. From
2012 to the current time the board has
accomplished a great deal including
removal of the old salt storage shed and
removed over 100 tons of contaminated
material from the maintenance facility,
routine and continuous field and laboratory testing of those homes impacted,
along with several monitoring homes
to help prevent the salt plume from
moving and impacting others. The
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Birchwood VOICE
The Projects cont.
home landscaping repairs. At this time, it is expected that the cost of constructing the
shared well, developing the actual production wells, modifications to other wells, restoring
owners properties after shared water lines are run to each home, and restoration of the
roads where we run the actual water lines will be approximately $1,100,000 dollars.
Upper Birchwood Lake Dam
Annually DEP Dam Safety inspects all permitted dams in Pennsylvania. As such,
Birchwood’s three permitted dams are subject to these inspections they are done annually
by the Association’s engineer. In early 2006 the comments from DEP were that the dam
was in fair to poor condition and they expected a permit application for rehabilitating the
dam to be submitted; however, in 2008 the notation was that the dam was in need of a
total rehabilitation. During 2009 the board and its engineer worked to develop a plan for
submitting a permit submission and construction plan.
The Association did some work to the dam. This required the services of a diver to locate
the intake valve, provide a temporary means to operate the gate and routinely cut down the
overgrowth on the dam breast. An informational meeting was held with the membership,
board and engineer to discuss the options for the design of a new dam and what to do with
Crossings Road, which has been closed in excess of six years. A vote of the membership
was taken and a labyrinth design was chosen
and that Crossings
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and would not allow
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required the Association to survey all the parcels around Upper Birchwood Lake and get
what’s called the flowage easement. A flowage easement is the right to use another’s land.
In the case of a flowage easement, this usually consists of the perpetual right, power, privilege and easement to overflow, flood and submerge the lands affected; reserving, however,
to the deed owner of the lands all such rights and privileges as may be used and enjoyed
without interfering with or abridging the rights granted in the flowage easement. Further,
these easements needed to be document to each owner, via a certified letter with proof of
signature from each owner to Dam Safety.
Our next hurdle was the requirement to install a berm near Beach 2 along East Shore
with approx. 8 homeowners impacted. A berm is required to build up those areas that are
below the “top of dam” level so if the dam were to fail it would not overtake the homes on
the other side of East Shore Drive. We again called our surveyor to stake out the area. We
met with the impacted owners and our engineer to explain how the berm would impact
them and the property. Finally, we needed to get signed agreements from each of those
owners. There are three owners who as of this writing have not yet signed the agreement.
The latest technical review by DEP involves some very minor plan adjustments and
one major issue that revolves around seepage from the Lower Birchwood Lake. DEP is in
the process of seeking advice from their geotechnical expert in Pittsburgh. As we enter
year four of the permit process, the light at the end of the tunnel seems brighter and we are
hopeful to have a valid permit in hand by year’s end. At this point the estimated cost of the
project is still being projected at $1,100,000.
Understanding Special Assessments
There’s no way to sugar coat it: everyone hates special assessments. Getting a notice
that you owe more money to the association can not only put a damper on your day but
also a dent in your wallet, both of which the board is sympathetic to. In a perfect world,
there would never be a need for special assessments—or any other type of assessments for
that matter—but sadly, they’re sometimes a necessary evil.
Often times, special assessments are levied when the association must make essential
repairs, improvements or additions to the common elements, but lacks extra reserve funds
to cover the costs. While the board puts in its best effort to keep a healthy reserve fund and
to budget in advance for these types of projects, occasionally unforeseen expenses occur.
When this happens, we have to call upon our residents to pitch in financially so that our
association can remain solvent. Unfortunately special assessments aren’t optional, and residents are responsible for paying special assessments in the same way they’re responsible
for general association dues. Remember, these fees are funding projects that will benefit
all residents, and your special assessment fees are your contribution toward that.
Of course, the board doesn’t take levying special assessments lightly. Not only do we
understand that special assessments can be a hardship for you, but—since we would also
be responsible for paying our share of any new special assessment—they’re an extra financial burden on resident board members as well. Because of this, we try and make levying
special assessments a last resort, and, if passed, offer payment plans when possible. There
are also regulations set forth in our bylaws that we must follow before levying a special
assessment, and in some instances we require residents to vote on the proposed options before we can adopt the special assessment for it. Make sure your opinions on these matters
are heard by attending open board meetings and voting on these critical projects.
While none of this changes the fact that having to pay special assessments fees is about
as fun as a root canal, just remember that it’s all part of the greater good for the association. They’re investments to your home and your community, and can help keep our
association a wonderful place to live for years to come. (Courtesy of CAI)
More Office Reminders
• Please call in all contractors/vendors to the office if you are not available to let
them in. We will not grant them access if the office hasn’t received authorization
from the homeowner.
• Do not put your garbage out until your scheduled pick up day. Animals can get into
the garbage and this will result in an untidy property citation if not cleaned up in a
timely manner.
• Do not tailgate – you will be cited.
• If you are doing any construction or renovation check with the office beforehand
to see if you need a BLCA permit. Roofs, Decks, Additions, Fencing, New Homes,
Garages, Screen Houses, Sun Rooms, Sheds, Septic Repairs, Septic Replacement,
Wells and Docks. Forms can be obtained at the office or on our website. There are
no charges for obtaining Association permits.
• The Clubhouse is now available for rent to members in good standing at a greatly
reduced rate of $50.
• We accept online payments through PayLease – see the article in this issue from
Linda McGinley.
• We have instituted a catch and release program on our lakes.
Spring 2016
Birchwood VOICE
Birchwood Lakes Community Association
CONTACT INFORMATION
BLCA Office..................................... 570-828-2111
Public Safety Gatehouse.................570-828-6009
Emergency (Police/Fire/Ambulance)............... 911
11
Road Maintenance & Construction
Chairperson - Bill Wagner
Co-chairperson - Anthony Palma
Review roads for possible construction and repairs; present proposals to the Board of
Directors.
NOTE: When a call comes in requesting emergency assistance (ambulance, fire, police),
it can be difficult for the Association to offer help in leading emergency personel to your
home if it isn’t clearly marked with the 911 address. The sign must be visible from the
road. If you need information on your 911 address, contact the Office at 570-828-2111.
Voting & Elections
Chairperson - Vinnie Flatt
Co-chairperson - Marcella Livingston
Assist BLCA Secretary; count and verify membership votes; review voting procedures.
COMMUNITY WEBSITE....................... www.birchwoodlakes.net
APPOINTED COMMITTEES
E-MAIL ADDRESSES
BLCA Property Beautification
Chairperson - Carl Fredrickson
Co-chairperson - Tom McConnon
Maintain & beautify community facilities/entrances; organize community clean-up.
Board of Directors....................................... blboard@ptd.net
General Information.................................... info@birchwoodlakes.net
Community Manager................................... CommMgr@birchwoodlakes.net
Accounting Department.............................. accounting@birchwoodlakes.net
Birchwood Voice Editor............................... editor@birchwoodlakes.net
OFFICERS
DIRECTORS
President.................... Clare Bennett
Vice President............ Bill Wagner
Secretary.................... Vinnie Flatt Treasurer.................... Jim Luttrell Asst. Treasurer........... Marcella Livingston
Dennis McMahon
Thomas McConnon
Michael Moffa
Anthony Palma
OPEN BOARD MEETINGS
All Board Meetings are held at the Birchwood Lakes Community Assoc. Clubhouse
March 11, 2016 @ 7:00pm (snow date: March 15 @ 7:00pm)
April 8, 2016 @ 7:00pm
May 13, 2016 @ 7:00pm
June 10, 2016 @ 7:00pm
July 12, 2016 @ 7:00pm - Tuesday
August 9, 2016 @ 7:00pm - Tuesday
August 22, 2015 @ 9:00am - Annual Meeting
Consider volunteering your time to help Birchwood move forward. You are welcome to
attend any of the committee meetings to see if it is of interest to you, or you can speak
to the chairperson of the committee(s). The form for volunteering can be found on our
website at www.birchwoodlakes.net or is available at the BLCA Office.
STANDING COMMITTEES
Governing Documents
Chairperson - Dennis McMahon
Co-chairperson - Clare Bennett
Assist BLCA Secretary in review of association by-laws, rules and
regulations, Appeal
Procedures and Schedule A, Deeds and Covenants and any amendments; propose changes to the documents to the Board of Directors
and, when applicable, voting by membership.
Capital Projects & Property Development
Chairperson - Clare Bennett
Co-chairperson - Bill Wagner
Research, organize, schedule and review improvements and/or major repairs to community facilities and buildings from start to finish;
review BLCA properties for various developments & improvements,
review lots for sale privately or through tax sale status; make recommendations to Board of Directors.
Finance, Budget, Contracts
Chairperson - Jim Luttrell
Co-chairperson - Joanne McInerney
Assist BLCA Treasurer in the yearly review of expenditures; prepare
and recommend annual budget to the Board of Directors with or
without dues increase.
Community Safety
Chairperson - Vinnie Flatt
Co-chairperson - Michael Moffa
Research, assess, and recommend improvements to the BLCA safety program in the areas of equipment, procedures, and personnel. Focus is on protecting our common areas
and amenities and making them safer in accordance with governing documents.
Communitcations
Chairperson - Clare Bennett
Assist vice-president; address community concerns; coordinate emergency action plans;
coordinate workshops; prepare community newspaper; maintain website.
Recreation
Chairperson - Vinnie Flatt
Co-chairperson - Michael Moffa
Stimulate interest in BLCA activities; coordinate, organize and prepare recreation functions, activities, parties/picnics for community residents and different age groups; assist
Recreation Supervisor in activities.
Lake Management
Chairperson - Charles Ritson
Co-chairperson - Tom McConnon
Monitor lakes and recommend to the Board actions needed to maintain optimal health
and recreational usage; apply for appropriate grants/funding; communicate regularly
with residents through articles and seminars: water quality monitoring, geese control,
septic system management, lake and shoreline practices, aquatic plant control and fish
management.
570-828-2306
800-634-5964
1506 Route 739
Dingmans Ferry PA 18328
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