By Mary-Justine Lanyon
Editor
Prior to the March 22 meeting of the Arrowhead Lake Association board of directors, South District Director Alan Kaitz, a past president of the association, sent a letter to the members.
In the letter, Kaitz expressed his concerns about some of the recent changes to the bylaws. “These new rules restrict free speech for candidates and members alike,” he wrote, “which raised the question: Are we really willing to enforce such limitations, especially at such a high cost to our organization?”
The changes prohibit the publication of campaign ads in a newspaper, the mailing of circulars or the placing of banners or campaign signs.
Kaitz’s concern is that violators may take legal action against ALA, “potentially costing the ALA hundreds of thousands of dollars. I don’t believe this is what you voted for and I believe that, had you known the financial impact of these changes, you would have voted differently.”
During the time for directors’ comments at the meeting, Kaitz said he wanted to “express gratitude to Bud (Macer, the current president) for helping shed light on how ALA funds are being wasted on legal fees, especially efforts to limit freedom of speech.”
Saying this is not about “assigning blame,” Kaitz went on to say ALA is “wasting huge amounts of ALA funds trying to enforce bylaws. Our right to freedom of speech is just as important to me as when I took an oath over 50 years ago when I was inducted into the Army.
“It’s time for us to come together for the good of ALA and focus on the future.”
Director Denise Loxton noted that members had passed the bylaw change “so someone doesn’t have to pay $22,000 to run for the board. The bylaw was meant to level the playing field.”
She added the few members who choose to violate the bylaws are the ones running up the fees. “Should we let everyone just violate them?” she asked. She also noted that an attorney had reviewed the bylaw and determined is does not limit freedom of speech.
“As a social club we are allowed to have rules,” Loxton said. “If you break the rules, you are held accountable.”
In his president’s report, Bud Macer said he was “shocked when he read it (Kaitz’s letter) as I, as the sitting president, had not been contacted by Alan.”
Macer reported that he had had to spend more than $20,000 to compete in the ugly campaign waged by a former director, who was running against him. “It was for that reason these bylaws were introduced – to level the playing field. Recent costs of election are not the result of the bylaws but the few violators who chose to ignore the rules.
“I didn’t seek this presidency,” Macer said, “but in accepting it my hope was to unit this board. We have our personal opinions but we must work together.”
When proposed revisions in the bylaws came up for a vote, Director Jim Hannon proposed some additional “wordsmithing,” which Loxton said she proposed adopting.
Kaitz suggested hiring a firm to rewrite the entirety of the bylaws, “We have issues here that are still open for interpretation.” Macer agreed the bylaws need rewriting but, for now, “we need to fix what we have and then proceed with a formal rewrite.”
Director Marilyn Dishell said that, to her knowledge, there were only two members out of more than 5,000 who didn’t understand the prohibition on putting up billboards and placing ads. “I don’t think members need to spend money on a complete rewrite.”
The board voted 5-1 to post the wording changes suggested by Director Hannon. Director Kaitz voted no and Director Kelly Wallace was absent.
The revised boating and swimming rules were approved unanimously. The fine for unsafe operation of a boat was raised from $1,000 to $2,000.
Loxton, the Lake Safety committee chair, said they have had a lot of issues with kayaks and paddleboards in the middle of the lake. “I’m surprised no one has been hit yet,” she said.
General Manager Mike Pate brought a proposal for trash pick-up fees for this summer. This is a service ALA has provided for a number of years, most recently picking up trash from members’ docks on Mondays during the season. Only 6 percent of members use this service, he said.
The proposal was to continue picking up trash on Mondays but to have members pay for the service by purchasing colored trash bags from ALA. The exceptions would be on Memorial Day weekend, July 4th weekend and Labor Day weekend when all trash would be picked up, regardless of the type of bag.
The current reservation system on the ALA website would no longer be needed, saving staff time and the expense of printing reports to give to the maintenance department.
Director Dishell recommended using Mint-X bags as their scent deters raccoons and other animals from ripping into the bags.
“We are raising fees every year and offering less,” said Director Eran Heissler. “I don’t feel comfortable with this. We should give benefits to members rather than charging. I don’t feel it’s right.”
“I agree with Eran,” said Director Loxton. “People will put trash on the ends of their docks anyway and then we’ll have trash in the lake. We have had this service forever.”
Director Hannon said he thought the idea was worth pursuing and trialing. “I think this nominal charge will change behavior. People can save a partial bag until it’s full. It will keep the barge from making as many stops.”
Director Dishell added that “people who are using the service should pay for it – others shouldn’t.”
The proposal passed by a vote of 4-2 with Directors Heissler and Loxton voting no. The fee will be $5 per bag or five bags for $20. Each dock member will get one free bag to kick off the season.
Saying he has been tasked with covering the costs of what ALA does, GM Pate proposed new tow and jump start fees for this season: $25 for a non-emergency jump start and $50 for a non-emergency tow.
Considerable discussion ensued about the services themselves, the cost and the perceived competition with Inland Marine, who provides the services at higher costs.
In the end, the vote was 5-1 in favor with Director Heissler voting no as he said he felt these services should be offered at no charge.
The board unanimously approved the chair suggested for the Judicial committee by President Macer: Chris Day. He is a practicing attorney, specializing in mediation. Two other ALA members expressed interest in serving on the committee and have been appointed: Tonissa Agajanian, an attorney whose specialty is real estate and HOA law, and Jashub Absher, a general member in good standing who is anxious to get involved in ALA.
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