Deborah: …mow…26th and 27th…
Committee Reports:
1. Facilities: …completed 20 toilets…ADA toilets installed…another project started… the front entrance… got four lanterns… stonework… looking at knee walls…
1. Landscaping: [Editor’s note: as always, Shelly Andreas was kind enough to email me her report for inclusion herein.]
Shelly: “Prior to the landscape committee meeting Barry, Debra, Rob (PBB) and myself met with William a landscape designer from PBB to view the military front fountain for his suggestions on revitalizing the landscaping in that area.
His recommendations for the area were received and the landscape committee met on Thursday May 5 to discuss and review the several options and to come to a decision on what we felt would be the best options for our community.
A decision was reached by all present and an email was sent to William so that he can proceed with the sketch.
Respectfully submitted,
Shelly and Barry co-chairs”
3. Entertainment: [Editor’s note: flyers of upcoming events to follow.]
4. Recreation: [Editor’s note: flyers of upcoming events to follow.]
5. Painting/Roof Committee or Painting and Roof Cleaning Committee:
[Editor’s note: this was listed on the agenda as Painting/Roofing Committee at which point certain sections of the ballroom exploded with some objections as detailed later in this report. The report of this committee, whatever it’s called, was read by Director/Liaison Sue, and she graciously emailed it to me for inclusion herein.]
Sue: “At its May 3,2022 meeting the following items were discussed and agreed to:
Before new paint palettes could be chosen, we need an answer from the BOD as to whether more neutral roof colors could be made available to those who are changing their roof in the future, whether flat tiles could also be used in addition to barrel tiles, and if roof tile staining might also be an option at the individual homeowner’s expense.
Garage doors and front entry doors should be painted in a contrasting color to each home as opposed to them all being painted white. There should be an option, at the individual homeowners’ expense, for the painting contractor to make available painting of rear patio fences and birdcage structures, as well as the framework of front entry screen enclosures.
The committee scheduled a meeting with UCI on Tuesday, May 17 to have this paint company answer questions regarding the use of their paint as opposed to Benjamin Moore, and to give the committee guidance on choosing paint palettes and insight as to how we might go about deciding which homes get which colors.
The committee will review the paint manufacturer proposals along with proposals from the 3 painting contractors, copies of which were given to all committee members.
The committee agreed that both the north and south walls and the center waterfall sections would benefit from contrasting paint in the areas where the tile work is and on both sides of the Cascade Lakes logo panels.
The liaison was asked to get Board permission to proceed with getting a painting quote from our current vendor RCI so the work can be done this summer.
The committee took a ride to view the various paint palette combinations at Pipers Glen Estates and at Lakeridge to see how the garage and front entry doors look painted in contrasting colors to the homes, as opposed to stark white.
It was unanimously agreed that contrasting colors are much nicer than all white throughout the community.
Respectfully submitted,
Mike Gentry – Chair on behalf of the committee”
Jeff: …Facilities Committee is also looking into painting, so there has to be a communication.
5. Welcoming & Caring:
[Editor’s note: Deborah read the report; based on the report, it was clear that there was no committee meeting.]
Old Business:
1. “In order to be in compliance with Florida Statute 720.303, Motion to rescind Rule #1 of Pat’s Rules of Order” aka “Review procedures for conducting Board meetings” -- Sue Schmer
[Editor’s note: the language of the name of this motion was changed, presumably by the Secretary, to read: “Review procedures for conducting Board meetings - Sue Schmer.” This was what was sent to the residents but not what was posted 48 hours before the meeting. What was posted was the first way it is stated above. Those are the facts, folks.]
Sue: Motion to Rescind Item #1 under Conducting Board Meetings as presented by Pat at the April 2022 meeting. This item under old business was listed because it was brought up at the last board meeting and is in violation of State law 720.303 regarding adding agenda items after the agenda has been sent to the membership.
It is also a disservice to the membership (and also to fellow board members) in that any additions do not give the residents sufficient lead time to formulate questions and comments.
Some of you may have noticed that the original agenda item under Old Business stated Review procedures for conducting Board meetings, while a newer, later and correct version conspicuously posted (as per State law) indicated exactly what I sent to Pat, our secretary, namely “In order to be in compliance with Florida Statute 720.303, Motion to rescind Rule #1 of Pat’s Rules of Order.”
When I noticed that my motion was changed, I immediately called Pat to ask why my wording was changed. Her response was that her wording was “more professional”. For the record I would like to cite the following:
1. It is perhaps illegal, and certainly improper and disrespectful for anyone to change any wording that another director puts on the agenda without prior consultation, especially when that change does not reflect the intent of the original item.
At no time did Pat indicate, either in written or verbal form, that there was a problem with my wording prior to the change being made. Among the responsibilities of the secretary in our bylaws is to “serve notice of the meetings of the board...” which includes the agenda items.
2. It is not within Secretary Pat’s purview to decide what is “professional” and to disparage the competency of another director in the process.
The reason why I wanted the wording exactly as I stated it was to give the residents more specificity and information as to exactly what the motion would be. This will increase the membership’s ability to effectively question and comment on the item under discussion. It also should be stated that a number of residents have referred to these procedures as Pat’s rules.
3. In a subsequent conversation with Pat in the property manager’s office yesterday, I gave my rationale for why item number 1 needed to be rescinded. It has nothing to do with the rest of the items listed under conducting board meetings, and if further revisions to these procedures need to be made as Pat intimated, my motion has nothing to do with that. Procedures that are contrary to State law cannot stand.
It should also be noted that I received an email from another director (not Arthur) prior to this conversation indicating agreement with my position that this rule is contrary to State law.
In order to be in compliance with Florida Statute 720.303, I make the following motion - Motion to rescind Rule #1 of Procedure for Conducting Board Meetings which states the following: “The agenda may be adjusted if deemed necessary by the Board, and any changes will be announced by the presiding officer during opening remarks.”
[Editor’s note: Sue moved to rescind Item #1 and Arthur seconded it. Deborah then stated she changed the wording and stated, “what I saw was not professional.” Sue then stated that Pat told her directly that she, Pat, changed it.
In any event, in my opinion this rule allows for adjustments to the agenda, which necessarily includes illegal add-ons, without the required minimum 48 notice so that residents can avail themselves of their statutory right to comment on agenda items and prepare their comments in advance.
Also, fellow Board members need to be able to adequately research and prepare their comments in advance as well.
My opinion is based on a simple reading of Florida Statute 720.303 (2)(b) which states in pertinent part:
“The right to attend such meetings includes the right to speak at such meetings with reference to all designated items.”
The words “designated items” refers to the agenda. What else could it possibly refer to, and if not the agenda, then what are those words doing there? Legislative bodies rarely if ever add surplusage to language in a statute.
The HOA attorneys seem to differ with my interpretation. They rely on subsection (c) of the statute which doesn’t apply because that section just allows for amendment to the By Laws at the Board’s discretion. It has nothing to do with what the Legislature requires in subsection (b).
There were fireworks. The motion failed. Sue and Arthur voted for it, Bob abstained, and the rest voted against it.]
New Business:
1. Removal of Ficus near clubhouse parking / PBB - $4380 – Harvey Ginsberg
[Editor’s note: this is to remove 295 linear feet of ficus along Cascade Lakes Blvd. and around the fountain equipment. Motion by Harvey; Bob seconded; it passed 7-0.]
2. Ficus Whitefly spray / PBB - $4425.99 – Harvey Ginsberg
[Editor’s note: this is for white fly drenching, “applied as a root drench to provide systemic protection” according to the proposal. Motion by Harvey; Sue seconded; it passed 7-0.]
3. PBB Hurricane Pricing – Harvey Ginsberg
[Editor’s note: this is for common areas only and concerns pricing for clean-up due to future hurricane damage. Per the proposal, work is billed at $50 per hour per person (more than they were paying new admittees to the Bar in California; you could literally hire one for $25 an hour to do your legal grunt work).
Tree staking is $175/hour for a bobcat and 3-man crew. Also, 2x4 tree stakes are $8.25 each (usually two to three per tree); Black Wellington tape is charged at $16 per roll which does about 3 trees, and 2-foot rebar of ½ inch is charged at $3.50 each. Stump grinding is to be billed as follows: “$75 real small, $95 for small, $135 for large.”
Harvey made the motion, Bob seconded it, and it passed unanimously.]
4. Entertainment Contract – William Clare Entertainment – Richard Greene
[Editor’s note: this is for the talent (the performing artist) for an event on July 15, 2022; Richard made the motion; Bob seconded it, and it passed unanimously.]
5. BOD Meeting Recordings – Jeffrey Green
[Editor’s note: the Board voted unanimously to delete the recordings of the Board meetings from the HOA website after two months due to bandwidth space and liability issues per Jeff.
I understand the first reason; I don’t have clarity on the second as it was not explained. The motion was then amended to include the annual meeting recordings to remain up for one year. Jeff made the motion; Arthur seconded it, and it passed unanimously.]
6. Contacting the Attorney – Jeffrey Green
[Editor’s note: Jeff moved to have a new rule that states that the president, vice-president, or property manager can contact the attorney after approval by the Board. Much of this was covered in the Editor’s Opening Monologue and will not be rehashed here.]
Sue: “1. This is an illegal delegation of authority to only 2 bd. members and the property manager.
2. The lawyer works for the association which is represented by the entire Board and not just the President and Vice President. In fact, it is the legal responsibility of our attorneys to act in the interest of the association and not in the interest of any individual Board. member.
When all directors are not privy to what is being said, there is no certainty as to whether the conversation and/or the lawyer’s response is factually correct.
3. Based upon past experiences, when the President or Vice President unilaterally
contacted the attorneys, the association incurred unnecessary legal expenses without the knowledge of the other directors. This is contrary to the Board’s fiduciary responsibilities to the members. For these reasons, I oppose the motion.”
Sue noted that “you can’t take a vote of the majority of the Board without having an open meeting.”
[Editor’s note: that’s a true statement if there ever were one. Most of them were unphased by it. So, this motion that permits these individuals to contact the lawyer after they get four Board members to approve it is on its face illegal.]
Sue continued, “this is an improper delegation of authority.” [Editor’s note: that’s true, too.]
Editor’s note: Richard, a CPA and the HOA Treasurer, then talked about the HOA’s legal fees in general, not about anyone in particular.]
Richard: “My personal feeling is, I watch the finances very closely. I’m not so much concerned. The legal costs are less than .4% of our total budget. It’s more important that we do things correctly and we’re protected. We have to be protected from being sued legally. We have to depend on the lawyer.
If we go ahead and say something that’s illegal, we can get into a lot of trouble. It’s pound wise and penny foolish not to go ahead, I should say, penny wise and pound foolish, not to bring in the lawyer when there’s a dispute here. At least we can look at the lawyer and say, ‘he told us that.’ That’s why you have a lawyer, too, to protect your assets.
Anyway, it's going ahead and we’re making decisions by ourselves, and we don’t know need [have?] a Florida lawyer to inform us. This is a terrible thing to do and could get us into a lot of trouble. Don’t worry about the few pennies we’re spending on a lawyer.
We have to protect the assets of this community. This is ridiculous; we have other financial issues and we’re talking about spending a few dollars for a lawyer? I think that’s crazy.”
[Editor’s note: so, in fact, per Richard, a CPA and the Treasurer of the HOA, the legal bills are a de minimus part of the budget (so minor as to be disregarded or unconcerned about). In fact, on top of that, usually it’s Arthur and Sue who advise against going to the lawyer because it’s not necessary, especially when statutes are written in plain English.]
Harvey: “I agree with what Sue said. It has to be a noticed meeting. A noticed motion whenever the attorney is contacted…” Jeff: “I would let every Board member know, you come to me, you’d like to speak to the attorney, we poll the Board.” Harvey: “that’s making a decision, it has to be at a noticed Board meeting.”
[Editor’s note: Harvey, you’re correct, and you acknowledged it would be an illegal vote, so why did you vote to approve this motion?]
Arthur: the goal here is to make sure that all communication with the attorney is with all Board members. And so, if it’s a written or phone call, all Board members have to be involved in that communication. Not one Board member, or two Board members, has that right… All Board members have to be present in that communication either by written or by telephone…
But once we have a meeting with the attorney, if it’s not pending litigation, then it has to be in front of the community.
Jeff: there is not another community in the presidents’ club that has every Board member in attendance. That is something that the Board president, the vice-president, and the property manager do. Most of them don’t even consult the rest of the Board, and I’m saying we are going to consult the rest of the Board and let them know what we’re calling the attorney for…
We’re asking him for advice. Arthur: then put it in writing. Why can’t you get it in writing? It’s better in writing.
Jeff: I will contact every Board member and if four agree, then we will contact the attorney…Arthur: the Board members have to be involved…Jeff: no, we’re asking the attorney for advice…
Arthur: then put it in writing… Jeff: well, I don’t agree with you. Arthur: why can’t you get it in writing? “Here are our concerns’ … it’s better in writing because then we have documentation… writing would be good for all Board members…
Jeff: I said we’re going to contact every Board member before we call the attorney… if four of you agree, then we will contact the attorney, so we need a majority of us to even just contact the attorney… Arthur: it’s best to be in writing so that you have his writing back on the reason… no reason to call him, just put it in writing, here’s our concerns… no phone calls…
Deborah: it will take more time and be more expensive… Richard: it might need a call; you might need a follow up, because you might not understand his response… Jeff: I think that’s all right, because the whole Board knows what we’re calling him for, and he’s gonna give us, if we follow up, it’s on the same item, the same concept is there…
Arthur: I appreciate this, I think we’re getting closer, and so when he gives us something, then the Board members can go between themselves through email and talk about what we all have questions about, and go back to him, so we can all be on the same page on our concerns…
Richard: I agree in certain respects, but at least we’ll have one person speaking to him, and the president, he might not understand the question, so the president… will respond and then they’ll put the response in writing to all the Board people, and if we don’t, if we feel that the response we got was incomplete, then what we should do is let everybody know.
Arthur: well, have you ever played telephone as kids? You lose the transition [sic – translation]; that’s why we want to go through email. Richard: after we settle everything, we’ll get it in writing so there won’t be any confusion. I think it’s important to get it in writing.
Deborah: I called the attorney yesterday; the attorney returned my phone call. Today he asked me if I wanted to have it in writing; I said no, because that cost more money…Email, that’s different, so we have to be clear on this…
[Editor’s note: Deborah, you had no right to contact the lawyer, absolutely no right. You are not the 8th Board member and there was no vote to authorize you to do that.]
Harvey: we don’t want another Board member just calling the attorney or sending a letter to the attorney…billable hours… like, Arthur, if you want to talk to the attorney, you bring it to Deborah or Richard or myself [why?] and we bring it to the attorney.
[Editor’s note: Harvey, you’re all equal Board members, remember? Why are you telling another equal Board member to bring it to Richard, for example? I don’t understand that mindset. You’re all equal.]
But I do agree, that even though it’s gonna cost us money, …any advice or decisions, opinions… should be in writing because without it in writing you have no documentation to back it up…everything should be in writing… from the attorney…
Sue: I think the original motion that Jeff made needs to be amended… and Richard, the point is who can contact them, under what circumstances, and how it is done procedurally…
Jeff: “All right, I will modify my motion here a little bit. I make a motion to have all contact to the HOA attorney go through the Board president, vice-president, or property manager, with a majority of Board members agreeing after contacting each Board member with the reason for the call.” [He added one phrase at the end: “and a written response from the attorney.”]
Jeff, continuing: And I think that explains why we’re calling and getting approval from four Board members, and that should be enough. Let’s not make it too difficult, because it’s just crazy, so that’s my new motion; can I have a second? Richard: Second. …
Pat: …we should get a written recommendation from the attorney; you didn’t include that in your motion. Jeff: and a written Bob: reply. Jeff: written response. Bob: response. Jeff: from the attorney. Jeff: “and a written response from the attorney.” Richard: I’ll second that.
Arthur: can we add to it, can a question that all Board members agree to, that the questions that the majority of the Board members agree to, asking the attorney, should be part of that written response. Bob: JESUS CHRIST! Arthur: Thank you, Bob.
Bob: let it go, and vote on it. Act like an adult. [Editor’s note: look who’s calling the kettle black. The one with multiple temper tantrums at multiple Board meetings is the one instructing others to “act like an adult.” How rich is that.]
[Editor’s further note: Jeff then called the amended motion; it passed 5-1-1 with Arthur voting no and Sue abstaining for procedural reasons. Harvey flip-flopped; he first correctly noted that taking a vote to get a majority to agree had to be at an open meeting, because email voting is illegal, and yet he voted for this anyway.
For those of you curious, here is the sentence in 720.303 (2)(a) that says so, and you don’t need to be a lawyer to read and understand plain English:
“Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail.”
Apparently, they just don’t care. Whether to contact the lawyer on an association matter is, by definition, and “association matter” that the statute clearly says cannot be voted on via email. And yet that’s what they just approved: a vote via email.]
7. Grievance Committee Members – Jeffrey Green
Jeff: 720 says we have to have a committee, not a group. Motion to accept as listed. Second: Pat. All in favor? Five. Opposed? None. Abstain? Two.
[Editor’s note: The group en masse was approved 5-0-2 with Arthur and Sue abstaining. The members are, in alphabetical order: Paul Friedlander, Gary Gerst, Arnie Green, Jane Krive, Eileen Olitsky, Saul Roth, and Walter Weil.]
8. Painting / Roofing Committee Mission Statement – Sue Schmer
[Editor’s note: this was another contentious matter. Apparently, the “painting / roofing committee” is actually the painting and roof cleaning committee, not a roofing committee. It was stated by the Facilities and ARB Chairs that residents’ roofing belongs to the territory of the Facilities Committee with a cross-over with the ARB Committee.
Apparently, this committee never had a mission statement, per Sue’s comments. Historically, based on the comments of some residents, roofing was not part of this committee’s purview; rather, it was roof cleaning that was part of their unwritten mission.
Sue moved to accept the Mission Statement, Arthur seconded it (without the benefit of knowledge of this historical but unwritten understanding), and then we had some more fireworks.
Shelly Andreas (ARB Chair) suggested that the Board read Section J of the HOA covenants because the ARB has jurisdiction.
After the meeting, I did; it’s on page 1-17. Shelly is correct. It does come under the purview of the ARB, although that doesn’t mean other committees cannot weigh in on matters also covered by the ARB and other committees.
Shelly stated, “any change in the exterior appearance… shall be deemed an alteration requiring approval of the ARB…” She also stated that on June 23, 2021, the Board voted that the ARB must approve colors for roofs.
Jeff stated, “keep the motion, write roof cleaning, strike out “common areas and roof replacement.” Sue stated she had no authority to do that and suggested that the motion be tabled and have it go back to the Committee.
Harvey said that the Board approves Mission Statements, and the Board has the authority to strike words. Sue said she didn’t want to usurp the Committee. Bob seconded Jeff’s amendment.
Arthur: “right now, the ARB is following the strict guidelines. The homes were designed from the 1980’s. We want to be more modern. It’s not the ARB; they’re taking directions from us.” Shelley Andreas, ARB Chair: “the ARB makes the guidelines and they approved it in 2021.” Both Arthur and Shelly are correct. The Board can overrule the ARB.
Jeff moved to change the mission statement, the Board approved it 5-1-1 with Sue voting no and Arthur abstaining. The Mission Statement is listed on the HOA website.
To be clear, up until this Board meeting, apparently this Committee never had a Mission Statement specifically clarifying its exact role, although I understand that historically it was assumed that the Committee covered painting and roof cleaning and it was apparently functioning with that unwritten assumption.
So, I don’t think it was akin to original sin to have labeled it as “Painting/Roofing Committee” before the Board voted on the exact language and what was included within this Committee’s purview, especially because this is apparently its inaugural Mission Statement. Now it’s clear.
One burning question remains: why did none of the Directors who voted for the amended version presented by Jeff say anything to Sue (or Arthur) the entire time it was in their Board packet for weeks prior to the meeting? Why was Sue sandbagged again?]
9. Options for Owners’ Roof Replacements – Sue Schmer
Sue: I’m the messenger, so people don’t kill me. I’m Liaison to Painting and Roofing.
Barbara Gordon, Facilities Chair [from the audience]: it was never painting and roofing!
Sue: “At its meeting on May 3, the painting committee agreed that before new paint palettes could be chosen, the Board needs to decide from this date forward, if more neutral roof colors could be made available to those who are changing their roof in the future.
Additionally, there was discussion as to whether the Board was amenable to flat tiles being used in addition to barrel tiles in the future and if roof tile staining might also be an option, at the individual homeowners’ expense.
The rationale for having this considered now is that house painting will be done in 4 years and many homeowners are replacing their roofs now. Having more options as to roof colors as they are being replaced will give the owners more flexibility in choosing colors from a new color palette in 4 years.
Therefore, on behalf of the committee I open the floor to discussion of this matter.”
[Editor’s note: Jeff said it was an ARB area and he didn’t want to see flat roof tiles next door where everyone else has the other, that he didn’t care about the staining, and then there was some discussion about neutral colors. Bob stated it was part of ARB’s charter and Harvey agreed.
Sue stated that no one is usurping the ARB’s role and that she was just asking the Board to consider more options. Jeff stated she was putting the cart before the horse, although he didn’t explain why. An audience member shouted, “no flat roofs!” and Sue stated it was just to get information.
Arthur then asked to hear from Shelly, ARB Chair. Shelley said that about 60 people have already had new roofs installed and they didn’t have a choice of color. At that point, the discussion was essentially over.]
10. Request for Proposal - contrast paint on front gate entrance area – Sue Schmer
[Editor’s note: this was a motion to allow the Painting Committee to get a quote from the vendor for contrasting paint at the front entrance so that it would “pop.” The committee doesn’t want to waste its and the vendor’s time if the Board is not going to even consider it.]
Sue: At the May 3rd meeting of the Painting and Roofing committee it was agreed that the front entry areas would benefit from some contrasting paint to make the entrance “pop.”
Pursuant to that end, and to be certain that any project undertaken by the committee would not be in vain, on behalf of the committee I propose the following:
Motion – That the Board give permission to have the Painting Committee get a painting quote from our current painting vendor, RCI, for work to be completed this summer as to the following: contrasting paint for the north and south walls and the center waterfall sections where the tile work is, and on both sides of the Cascade Lakes logo panels. Arthur: Second.
[Editor’s note: Richard said that the Facilities Committee should handle this and that this was “ridiculous.” He said they have to work together, and that this committee should have called both the Facilities and ARB Committees.
Then there was clapping from the audience. Jeff told them to be quiet.
Jeff said the Long-Term Planning Committee should also be given the courtesy. He suggested that Sue drop the motion because “it probably won’t pass” and that the Painting Chair should talk to the Facilities and Long-Term Planning Chairs.]
Sue: I take back the motion.
11. Motion to Revise Website Terms of Service– Arthur Andelson
[Editor’s note: This was covered in the Editor’s Opening Monologue. The debate was rigorous. Arthur moved to bring the website Terms of Service in compliance with Florida Statute 720.305 which mandates that fines and suspensions are the exclusive purview of the Board.
As stated in the Editor’s Opening Monologue, webmasters may no longer discipline you; they may only remove your message board post and refer the matter to the Board, after which you have a right to demand a Grievance Committee hearing if the Board issues you a violation or suspension.
Arthur explained that it needed to be in Rules & Regs so that the Board had jurisdiction over the matter. Bob said he was in favor of the “intent” of the motion, but he was hung up on the grammar for reasons known only to him. Jeff wanted to approve it and then turn it over to Rules & Regs for grammar review only.
Marion, the Chair of Rules & Regs and a webmistress, took the podium unannounced and appeared to be troubled by it (troubled not by the podium but by this motion). Mike Blackman, another webmaster, also wasn’t happy about it. Sue reminded them that this has to do with who can impose a violation and where this revised version should go.
Marion was concerned that there would be weeks or months before a violation would be approved or disapproved; Jeff corrected her and told her that it could be 48 hours’ notice; they call a Board meeting, they have that one item, and it’s done. Jeff is 100% correct.
Webmasters may not issue any warning notices at all. They are to send a note to the resident whose post they removed that they removed it and referred it to the Board. That’s it. Arthur explained it has to be put in Rules & Regs so that the Board has jurisdiction to handle the matter.
Jeff suggested the motion be amended to include giving it to Rules & Regs to review for grammar only, and Arthur agreed to that amendment.]
Jeff: “will send to Rules & Regs to work on the changes with Pat and Arthur…” Sue: “once the Board accepts it, it’s final. The only thing Rules & Regs can do is fix the grammar, not the language. No content can be changed.” Bob: “it should not go to a vote. Give it to a joint committee, Rules & Regs and the web people.” [Bob, the “web people” are not a committee.]
Jeff: “certain things really can’t be changed.” Sue: “motion to accept Arthur’s proposal and send to Rules & Regs…for grammar. Arthur will write the motion with you [Jeff].” Jeff: All in favor? Four. Opposed? Two.
[Editor’s note: The Board passed the motion and voted to give the document to the Rules & Regs Committee to review for grammar only. This passed 4-2-1: For the motion: Arthur, Jeff, Richard, and Sue. Against the motion: Pat, Bob. Abstention: Harvey properly recused himself because he is a webmaster.]
12. Website Terms of Service – Harvey Ginsberg
[Editor’s note: Since Arthur’s motion passed, Harvey’s motion became moot, and he correctly took it off calendar.]
Second Residents’ Input Session:
1. Barbara Gordon: [Editor’s note: this resident was not happy about the sudden name change of the painting and roof cleaning committee whereby the word “cleaning” was left off after the word “roof.”
As stated previously, there apparently was never a mission statement clarifying this although historically this committee was, I am told, in charge of painting and roof cleaning.]
2. Larry Jacobowitz: [Editor’s note: this resident stated that during the meeting there were no questions by the Board about the monetary expenditures and instead there was more focus on “this other stuff, yelling and screaming about nonsense, the question is, is it worded right, is it not worded right… that’s ridiculous…you’re running a four-million-dollar business.”
Respectfully, I wouldn’t characterize it as “yelling and screaming” and “this other stuff” is not nonsense and is equally as important because it effects residents’ legal rights and remedies. And words matter. If they didn’t, you wouldn’t need a lawyer.
The purpose of spending the time on the non-monetary issues is to make sure that the procedures that are followed are proper and that they give the residents the legal rights and remedies to which they are entitled.
As for not having questions about money, as an example, there really isn’t much to say about white fly disease and the need to spray to reduce its damage.]
Jeff: thank you for your comment.
3. Shelly Andreas: What I would like to see… that whatever committees were involved in an area, that they would get together, come up with a plan, and then recommend it to the Board. Whatever happened to that? And … the snarkiness, the fighting between you people; you’re here for one reason…
The Board’s main concern, not their egos, not what they think is right or wrong, that they are for one reason only, for the wealth and the happiness and keeping our community. It’s for the community.
And that’s what you should be working on, and Larry’s right: you spent all that time on this word, that word, and 33 seconds on what was the most important thing.
[Editor’s note: words matter and it’s all important. The financial decisions on ficus removal, white fly reduction, and hurricane clean-up were all landscaping related and presumably vetted already by the landscaping committee, of which Shelly and Barry Gordon lead, and which I believe they are doing a great job.
What other questions do you believe should have been asked that were not? I’m asking because I really want to know.]
4. Barry Gordon: I totally agree with Larry and Shelly; you’re running a four-million-dollar business…Chairs should meet once a month like it used to be.
3. Diane Green: [Editor’s note: This resident also complained about the length of the meeting and stated, “it’s very disrespectful to everyone’s time. I thank you all for everything you do; it’s a lot of work.”]
4. Eileen Olitsky: [Editor's note: Eileen graciously emailed me her written remarks.]
"First off, I'd like to thank Larry and Shelly for their recent statements. They reflect my following statement which was prepared while watching this meeting. It is as follows:
1) As a previous board member and a resident, parts of this meeting have been painful for me to watch; 2) In my opinion the board has been argumentative, often times disrespectful, petty, and as Bob stated, wasting time; 3) I wish that each board member would remember that they are working and conducting business for the community rather than here for themselves; 4) Regarding the Grievance Committee, where are the members listed.”
[Eileen then added to her written remarks her concluding comments made off the cuff:]
Eileen: “Finally, I know you all have great intentions. You get caught up in the minutiae… you are wasting your time and our time.”
[Editor’s note: I and a number of residents disagree about Eileen’s and others’ displeasure with what is termed “argumentative;” there is nothing wrong with robust debate and actually, it’s healthy, although I do agree that the disrespect, which is constantly aimed at Sue and Arthur, is palpable and disgraceful.
For example, once again, Bob’s apparently uncontrollable outburst was completely out of line.
Having said that, I do believe it would be better if some Board members had discussed some of their concerns with their fellow Board members in the several weeks prior to the meeting when they had ample opportunity to do so, rather than to spring their concerns on other Board members for the first time at the Board meeting.]
Round Table Discussion: