Skylines December 2010 Vol. 41, No. 3 Skyline Lakes Propertyholders Association www.skylinelakes.org Annual Meeting/Election The SLPA Annual Meeting was held at the bath house grounds on September 18 and results of the annual election were tallied and announced. Two new members were elected to the Board of Directors for three-year terms: Jane Harrington and Gene Skotzko. In addition to the three candidates put forward by the nominating committee, a fourth candidate was nominated from the floor during the meeting. That candidate, however, was found to be ineligible for a Board seat since the nominee was neither an owner nor a spouse of an owner, as required by Association Bylaws, with the result that the write-in votes that had been solicited for that candidates were invalidated. The votes were not sufficient to elect the write-in. (Note: Members intending to put forward a write-in candidate are encouraged to advise the nominating committee in advance of the meeting in order that the nominee’s eligibility can be verified and members voting for that candidates are not unintentionally disenfranchised.) In his President’s Report to the meeting, Carl Hallinan advised members present about the status of road work, plans for the lower lake, and the Burns lawsuit. In addition to the many volunteers who have worked on the road system, a contractor was engaged to improve drainage as well as grade the road surfaces. Plans for road work include clearing existing culverts, installing three or four new culverts, restoring gravel, and widening curves. In discussing the roads, Carl was asked if the possibility of Page County taking over maintenance has been explored. He advised there has been no such formal inquiry. However, he had discussed the subject with the Page County Planner, who had made it clear that the County had no interest in expanding their jurisdiction to include private developments. Jane Skotzko reviewed with the members the possibility of the Association registering as a “sanitary district,” a step that could bring assistance from the county with collection of fees, although it was unclear if that could open the way to road maintenance, as well. However, the process would require legal assistance costing several thousand dollars. Plans for draining and dredging the lower lake in 2010 were deferred because of expenses incurred in connection with the lawsuit and the high cost of snow removal this year. Remediation work on the lake remains necessary: originally 20 feet deep, the lake is now only 12 feet deep at its deepest point. Carl advised that the Page County Court had scheduled a hearing on October 13 at which the judge would hear respective motions in the lawsuit brought by Pat Burns for restoration of the upper lake. A “Non-Suit” motion had been filed by the plaintiff shortly before the scheduled hearing, meaning that he was seeking court approval to withdraw his suit with the right to file another suit in the future. (See separate article for an update.) Treasurer Jane Skotzko circulated and explained the Treasurer’s Report. (Summary of report follows.) In a response to a question about increasing annual fees, Carl noted that the fees have been raised only once in the past four years, and that further delay in doing so would jeopardize needed maintenance. The issue is under discussion by the Board, which is aware that any decision to raise fees would be a very difficult one because of the current state of the economy. However, costs have risen and therefore fees will likely have to be raised as well. 1 SLPA Financial Report (Annual Meeting) September 14, 2010 Submitted S. Jane Skotzko, Treasurer Income Received to Date FY10 assessments, late fees, packets, prepay from FY2009 Refunds (workman’s comp insur. premium; deducted from expenses) Member donations ($1000 in reserve till allocated) Prior year collections (transferred to non-operating account) $34,733.00 $ 457.00 $ 1,055.00 $ 133.00 Lots paid to date – 469.16 ( 2 people paying on time) Other Sources of funds used to balance budget Remaining FY2009 fund as of 12/31/09 Unallocated reserve (mostly prior yr funds collected in 2009) Capital Reserve fund $5,230.60 $4,971.84 $6,450.00 FY10 Expenses to Date $38,821.68 Maintenance - $26,200.94 (This includes $10,606.25 spent on snow removal.) Admin - $12,620.74 (This includes $6,450 spent on digital survey & engineering design necessary for the Cabin Lake Dam rebuild proposal Operating Non-Operating $12,789.38 ( $10,018.76 available for FY10 use) $ 5,050.09 (distributed as follows) Bank Balances: a. Emergency $1,500.00 (Board has authorized its use for 2010 M&I, if needed, to help cover the cost of snow removal early this year.) b. Capital fund $2,550.00 c. Unallocated $1,000.09 (Interest plus a donation just received that is available for FY2010 expenses. The donor’s suggested use for the gift was to put it toward road work or toward the repairs on Meadows Lake which were planned for FY2010, but had to be deferred to FY2011 due to the high cost of snow removal this year. Delinquent Owners: FY10 : 21 owners representing 39 lots are unpaid (2 owners paying over time) 5 owners representing 10 lots owe for FY10 only 16 owners representing 29 lots owe for multiple years. All delinquent accounts, except for the two paying in installments, will be turned over to the Association’s attorney for collection before the end of the month. New Officers Elected: At a meeting of the new Board on Oct. 24, the following officers were elected: Carl Hallinan, President, Joyce Richards, Vice-President, Alex Steil, Secretary, and Jane Skotzko, Treasurer. Alex and Jane are non-voting members of the Board. At this same meeting, Carl announced that Directors Raynard Good and Natalya Startseva had submitted their resignations, both due to other obligations, and thanked them for their continued service, noting that both offered to continue serving on their respective committees. Raynard’s resignation reduced the permanent size of the Board to the target size of nine members as intended by the amendment to the Bylaws that was passed in 2009, so no appointment was made to replace him. The Board unanimously approved the appointment of Jimmy Painter to complete the remainder of Natalya’s term of office. 2 Board Approves Increase in Assessment After four years with no increase in the annual assessment, and costs rising all the time, the Board decided that the Association would be unable to cover its expenses without an increase in the assessment. The Treasurer pointed out that the only source of monies available to fund the budget this year was the assessment with the exception of a generous donation from Walter and Fran McClelland which, if unused in 2010, would be available for 2011. Following a great deal of discussion at its meetings on October 17 and October 25, the Board voted to increase the per lot assessment by $11. This represents a 15% increase. Recognizing that this might be difficult for some, the Board agreed in principle that, as necessary, individuals could pay the assessment in a limited number of payments while remaining in good standing with the Association. Details on a plan are being worked out by the Treasurer. Members who can pay in one payment are strongly urged to do so. Members who need to request a payment plan should contact Jane Skotzko, the Treasurer, directly. In preparing the 2011 budget, the admin budget has been cut, as has the Capital contribution. This was done to allow the maintenance budget to remain close to 2010 levels. The Board is planning to use the amount raised by the increase in assessment on a special road project such as the widening of Glick’s hill. At present, the maintenance program for 2011 is being reviewed by the M&I committee. (Budget follows) SLPA FY2011 Budget Approved 10/24/10 FUND SOURCES FOR FY '10 BUDGET Lot Assessment FY'10 (based on 480 lots @ $84/lot) Late Fees FY'11 Packets for lot sales FY '11 Totals $40,320.00 $0.00 $0.00 $40,320.00 EXPENSE M & I Expense $31,281.00 Machinery, Purchase (cap. Investment) $0.00 Accounting $1,200.00 Legal Fees $250.00 Supplies $50.00 Rental fees $80.00 Postage and Shipping $175.00 Utilities - electricity $425.00 Printing, reproduction and Newsletter $1,050.00 Insurance $4,100.00 Charitable contributions $100.00 Misc. Expenses $200.00 Collection Expense $125.00 Real Estate Taxes $604.00 Mandatory Corporate Memberships $180.00 Totals $39,820.00 Contingency provisions - emergency fund $0.00 Capital Contribution - equip. replacement $500.00 Totals $40,320.00 Notes: Admin budget total $8539.00. Entire amount of assessment increase is $5280 and will be used on Glick's hill project 3 Conclusion of Burns Lawsuit On August 6 a ballot was sent to all Association members explaining the background of this case, outlining the proposals received for rebuilding the upper lake dam at a cost of about $200,000, and requesting a reply by September 1. Both parties in this lawsuit, with the knowledge of the Court, had agreed that member approval would be the final step for a construction proposal from the committee charged with developing design specifications and identifying contractors and sources of funding. Votes were received from 111 members representing 308 lots (out of a total of 239 members and 464 lots). The results were 86 for the proposal, 222 against. On September 9, the lawyer representing the Association filed a motion to dismiss the case as settled, citing that the Association had performed all tasks agreed upon: it had developed engineering plans and received contractor bids, identified a source of financing, had made available to members a lengthy package with background and details of the proposal, and had submitted the proposal to a vote of the membership. The motion argued that since the Association had performed all its obligations under the terms of the settlement agreement, and since the proposal had been rejected by members, the suit should be dismissed as settled. On October1 the plaintiff’s lawyer filed a motion with the Court claiming that the Association had acted in bad faith by putting forward the proposal it did, asking for an evidentiary hearing, and requesting that the plaintiff be allowed to “Non-Suit” (withdraw) the case. Arguments by counsel for the respective motions were heard by Judge Thomas Wilson on October 13. On October 19 Judge Wilson granted the request by Burns to “Non-Suit” the case on the grounds that the parties had no written settlement agreement and therefore the vote by members was not binding on the outcome. The effect of this ruling leaves the way open for Burns to file another suit against the Association. Walt and Ronnie Jayne About 50 friend and relatives of Walt and Ronnie Jayne gathered to say their farewells at the Stanley Fire House on November 13. Walt and Ronnie died tragically at their home in Skyline Lakes on October 14. Eulogies and remembrances were delivered by fire chief Terry Pettit, rescue squad chief Robert Ruffner, close friends Floyd Frazier, Brenda Breeden and Dave Sprinkle, and Association president Carl Hallinan. Walter Tuthill Jayne was born in Remsenburg, Suffolk County, Long Island, in 1935. Ronnie (Veronica nee Kruk) was born in nearby Manorville in 1939. One of six children, Walt was raised on a dairy farm, which probably accounted for the excellent craftsman skills for which he was known later in life. He graduated from high school in 1954 and joined the Navy Seabees, serving in the Pacific on Kwajalein Atoll where he developed his construction skills while working on Navy housing. After four years in the Navy he returned to Long Island as a master carpenter. He operated a lumber yard and worked on renovating old homes, frequently hard-crafting decorative woodwork that was no longer available. Ronnie worked in the offices of the Industrial Home for the Blind in Suffolk County, where she met Walt's sister, Sybil, and later worked in a bank and at a local newspaper. When Ronnie and Walt both voiced the same complaint to Sybil about the difficulty of meeting people with similar interests, Sybil introduced them to each other. Walt proposed to Ronnie on Stony Man Mountain, symbolic of their mutual love for the mountains, and they were married in Long Island in 1961. In 1988, distressed by creeping urbanization in Long Island, they decided to move to the mountains they loved and chose to live in Skyline Lakes because of the rustic scenery, peaceful surroundings and the good neighbors that they were seeking. Walt served as a volunteer fireman in Stanley for a period, and in 1998-2001 was the Association's maintenance manager. Ronnie was a voracious reader and an enthusiastic needle pointer. Speakers at the memorial gathering underscored the pride that Walt and Ronnie took in their property, the neatness of their house, and the attitude of self-reliance that they brought to living on the mountain. Floyd Frazer noted that the Jaynes were always well-stockpiled in order that they not need to turn to others for assistance. Ronnie was homebound for the past three years and, on October 14, with both of them in failing health, they took their own lives. The Jaynes willed their house and possessions to the Stanley Fire Department, with proceeds from their sale to be used to directly benefit local residents. Their will stipulated that the property could be sold only to someone with five years' continuous residence in Skyline Lakes or the valley. Terry Pettit and Robert Ruffner noted that the proceeds would provide the major benefit to people of the economically-stressed area, as was the wish of the Jaynes. Walt's and Ronnie's ashes will be returned to the mountains, per their wishes, and a memorial church service will be celebrated in Long Island in the near future. 4 Thanks to Walter and Fran McClelland The Board would like to publicly thank the McClellands, long time owners and summer residents, for their generous donation to the Association. The funds will be used for the roads or for the renewal of Meadows Lake as suggested by the donors. Walter and Fran were inspired by the many volunteers who assist in maintaining the roads in the development, and being unable to volunteer in the same way, decided to make this contribution. Thank you. SLPA Board of Directors Carl Hallinan (President) (703) 615-1168; (540) 778-2620 carlhallinan@comcast.net Joyce Richards, Vice-President (703) 361-5677 ucjoyce@yahoo.com Andrew Levin (540) 244-1004 andyinstanley@yahoo.net Gene Skotzko (703) 939-7624; (540) 778-2633 eskotzko@verizon.net Regina Austin (540) 778-3486 Jane Harrington jane.goneelsewhere@gmail.com (540) 778-3009 Jimmy Painter (540) 778-3141 jphunt4ever@aol.com Evans Painter (540) 778-3894 Doug Southers (540) 778-1312 worksforfaith@yahoo.com Treasurer: Jane Skotzko, (703) 242-8828, jskotzko@verizon.net Secretary: Alex Steil, alexpauls@yahoo.com 5 Skyline Lakes Property-holders Association Post Office Box 427 Stanley, Virginia 22851 6