JUNE CDC
Wallenpaupack Lake Estates
Citation Dispute Committee
Saturday, June 5, 2021
(no meeting for 2023)
Present at today’s meeting were Chuck Miller, Acting Chairman; Marge Kenny, Secretary; members Eileen McGregor, Bill Brown, Bill Brown, II and Frank Carrotozzolo; Bob Assenheimer, WLE BOD Liaison; and Wayne Seeley, Public Safety Officer.
This meeting was called to order with the Pledge of Allegiance at 9:14 AM.
We all received copies of the newly revised CDC Member Packet, which included a tab for the WLE POA General Rules and Regulations. There was a discussion of the Rule Enforcement Procedures on Page 6, Item No. 7, wherein it is stated that after a citation has been issued, if the violator or property owner wishes to contest the citation, at the Citation Review hearing the Committee will hear testimony from both the violator and/or property owner and the issuing officer. The Committee is asking the Board of Directors to review the language in this section in regard to possible revision, as the Committee has been advised by Public Safety that the issuing officer is not required to attend. Previously, there has always been an officer of the Public Safety Department present at all CDC meetings. That officer present at those meetings may or may not be directly related to any of the citations being discussed, but rather may just be there to assist in clarifying any questions from Committee members during the meeting, which has always proved a valuable resource. Therefore, the Committee hopes there will continue to be a Public Safety officer present for all CDC meetings.
A letter and resume requesting to become a CDC Committee member was received from Carole Rivera. Following a discussion, a motion was made by Chuck Miller to accept Carole as a regular member effective with our July 2021 meeting. All in favor. As this was the only resume we received and the customary number of regular members is seven, there was additional discussion about reinstating John Holland, whose six-year term was expiring effective with today’s meeting, without a one-year hiatus, for a new three-year term beginning with our July 2021 meeting, with an option for an additional three years from July 2024 to July 2027 should he so choose. With Sean Jennings, Marge Kenny, and potentially John Holland all coming off the Committee this month, there would only be six regular members, including new member Carole Rivera. A letter will be sent to the Board of Directors in advance of their June 12 meeting requesting they approve both Carole and John for CDC regular membership. Because we prefer to also have one to three alternate members available to attend our monthly meetings when regular members are not available, we will ask that Kathy re-post a new request on Facebook and Channel 920 for resumes from anyone interested in joining CDC.
Citation 075 – No WLE ID – The property owner appeared before the Committee and stated he has been traveling back and forth to WLE from New Jersey quite often and staying at his parent’s home here. He was ticketed for not having a guest pass hang tag. He stated he has had several temporary passes issued to him, but on the day he received the citation for being parked at the indoor pool, the hang tag in his car was expired. He is often here for three days, then back to New Jersey for five days. When asked why he had not gotten a permanent ID window sticker, since he is an immediate family member, he replied he is waiting for a new registration from the State of New York so he can get a permanent pass. He has lived in WLE with his parents for many years, knows the rules, and having an expired hang tag when ticketed was an unfortunate oversight on his part. He is requesting leniency and that the citation be waived, as he doesn’t want the violation to be reflected on his parents’ record.
After discussion, it is the decision of the Committee that although the violation was not intentional, there was still more than adequate time to obtain and display either a current guest pass or a current WLE ID sticker. The property owner is judged to be in violation and the fine must be paid as assessed.
Citation 090 – No WLE ID – We received a letter from this property owner who has their home registered with VRBO. They received a citation for a VRBO guest who did not have a guest hang tag displayed on their vehicle when parked at the indoor pool. They stated they are very frustrated when guests don’t follow the rules, as they are providing clear instructions in their welcoming email and on their website in two places that a vehicle placard needs to be obtained from the community office upon arrival. Their question is if every step of the way they are doing their best to inform guests of the rules and regulations of the community, why does it fall on them, the property owners, to pay the citation. When the community requires POs to collect information on all their guests, including their address, why are the citations not sent directly to them? And if it is set in stone that it is the property owner’s responsibility to pay the fines for all citations, what can be done to get the citations into PO hands quicker so they have some recourse to collect the money quicker from violators? Damage deposits must be returned to guests within 14 days, after which time there is no chance to collect additional monies.
After discussion, the decision of the Committee is that POs, and rightly so, continue to be responsible for any violations connected with their property. We have little recourse in successfully collecting fines from transient visitors and guests. Every effort is made to get citations into PO hands as quickly as possible, but sometimes PO records need to be rechecked in the office before they can be issued. The Committee suggests any POs using their properties as VRBOs or Air BNBs incorporate an advance amount in their daily rental fee to cover the cost of any citations that might be issued against a guest, rather than relying on funds in a damage deposit that must be returned within a short period of time. The property owner is judged to be in violation and the fine must be paid as assessed.
Frank asked Wayne about the status of Citations 065a through 065f, whereby the property owner appeared before the Committee on October 3, 2020 to dispute them. The issuing officer was unavailable to attend that meeting, so a final decision of the Committee was postponed until our November meeting when he could be present to answer our questions. The officer was also unable to attend our November meeting, so these citations remained unresolved. There were no further CDC meetings until March 6, 2021, when we were told again that this officer was not available to attend, but Chief Manetti had advised our Chairman, Sean Jennings, prior to the March 6th meeting, who then advised Bill Brown, II, that he, the Chief, would be in attendance on the 6th to advise us on how 065a through 065f were being resolved. In checking with Kathy in the office at 9:15 AM on March 6th, we were advised that Chief Manetti was not on property that day, so he would not be attending that meeting either.
And so we arrive at today’s meeting, June 5th, with Citations 065a through 065f still unresolved. Public Safety advised us that although the contractor involved stated to the Committee back in October that he was on the property making an emergency repair, this took place during the COVID-19 lockdown, when no contractors were allowing in WLE without a special emergency permit issued directly by the Governor’s office, which this contractor did not have; and further, this was not an emergency repair, but rather just the completion of a previously started installation, so that all citations and fines issued should stand and have to be paid. In order to be sure we have the facts and the original fines assessed in front of us, Kathy will be asked to insert Citations 065a through 065f into our July meeting packets so that these citations can finally be resolved at that time.
There was also a discussion of Citation 547, which had previously been appealed before the Committee. At the time of the appeal, the Committee decision was that the property owner was judged to be in violation, however the fine was waived. It has come to the attention of one of our Committee members that even though waived, the fine was billed out to the PO. The office has been asked to review their records and if necessary, make restitution to the property owner.
Because our next meeting is scheduled to take place on Saturday, July 3rd, which is also the date for the WLE Golf Cart Parade and 4th of July Picnic, we are moving our next meeting to Saturday, June 26th at 9:00 AM instead.
Chuck made a motion to accept the Minutes from our last meeting in March, seconded by Eileen McGregor. All in favor.
Next on the agenda was the election of a new Chairman and Secretary. It was discussed that the Committee would like to have in place a named Subchairman in addition to the Chairman, to facilitate the scheduling and conducting of meetings when the Chairman is unable to attend. Frank Carrotozzollo accepted the position of Committee Chairman. Bill Brown, II accepted the position of Subchairman. Our request for these approvals will be included in the letter being sent to the Board of Directors prior to their meeting on June 12th. None of the regular members present today accepted the position of Secretary, so Marge will have that discussion directly with our newest member, Carole Rivera, after today’s meeting and advise Frank of the outcome. If she declines, there will be further discussion at our next meeting as to how to cover secretarial responsibilities going forward. And in the meantime, Bob Assenheimer has been asked to check with the BOD on June 12th as to whether Marge Kenny might be allowed to continue her duties as Secretary just until such time as a new Secretary has been selected.
Motion to adjourn made at 10:55 AM by Eileen McGregor and seconded by Bill Brown. All in favor. The next meeting of the CDC Committee is scheduled for Saturday, June 26, 2021 at 9:00 AM.
Respectfully submitted,
Marge Kenny
Secretary