11/17/21 BOD MEETING: SYNOPSIS AND COMMENTARY BY VICKI ROBERTS WITH ASSISTANCE FROM ARTHUR ANDELSON
Posted November 20, 2021. Your Editor provides the following synopsis of the November 17, 2021 Board meeting, with assistance from your Roving Reporter, and with commentary and satire indicated in bold blue and pictures.
SPECIAL NOTICE:
All synopses and commentary are the property of your Editor and your Roving Reporter, Vicki Roberts and Arthur Andelson, are our independent work product, and are not affiliated with the HOA.
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Thank you, and you may now enjoy the show.
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We are honored that Dan has personally and most generously given your Editor permission to use his brilliant cartoons for our synopses and commentaries free of charge! This is a huge addition to our reports, and we are very grateful to Dan for his extreme generosity. All Bizarro/Dan Piraro cartoons are clearly credited in the cartoon.
Editor’s Opening Monologue:
This edition is entitled:
“Strawberry Fields Forever”
(Synopsis includes Board Member and Committee Resignations, Equipment Loaning, and Amazon Gate Key Rescission ~ an Action-Packed Board meeting!)
But first, the Editor’s Opening Monologue.
“Strawberry Fields Forever”
Farming has come a long way since the old days.
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Anyway, sometimes I wish I lived on a farm amid the animals, out in the fresh air.
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And indeed, being on a farm would inevitably bring up that old conundrum – which comes first, the chicken or the egg?
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With modern technology, farming has become quite streamlined and computerized, so that if I lived on a farm, I could use my Dell computer for some of my farming needs.
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And let’s not forget that aspects of farming are important for other agricultural industries as well.
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The rigors of farm life demand that a farmer be strong, not only physically, but mentally and emotionally as well, especially when patience is required for the task at hand.
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And just like many industries, farming has specific tools of the trade and terms of art familiar to those in the business which might have a completely different meaning under different circumstances.
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But what happens if there is a business dispute, and the farmer loses? Maybe it depends on the type of farmer; I don’t know, I’m just guessing. It’s not that simple.
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In conclusion, the key to successful farm management is the integration of ingenuity with efficiency.
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All this farm talk has reminded me of a certain poem I wrote in 2019.
Say what? Cud you please repeat that?
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I said, all of this farm talk reminds me of a poem I wrote on September 5, 2019, and which appears in my book, Bourgeois Poetry by Vicki Roberts, and is entitled The Lonely Cowpoke.
The Lonely Cowpoke He’s up before dawn to get out the hay,Horses need feedin’ no matter the day;Check out the gates, fastened and locked,No room for rustlers, make sure they’re blocked; Slop for the pigs, grain for the hens,Work dawn to dusk, no time for friends;Roosters are squawking to awaken the sheep,The barn is untidy, in need of a sweep; Where are the buckets to hand milk the dames,He hadn’t a sweetheart but knew the cows’ names;Nanny goats roam as billies make chase,Better hurry up, ladies, and quicken the pace; The donkey brays for its mate down the field,He watches their coupling, their future is sealed;Llamas snuggle close as their wool intertwines,Caws of wild birds making love on the vines; One day a delivery came to the gate,Supplies to replenish, but a happening of fate;The merchant took ill, sent his filly instead,Her golden mane flowed and dizzied his head; Before long a smile formed beneath his mustache,His ardor was stirred, it arose in a flash;He chewed his straw grass as he pondered his move,Calm and serene, he had nothing to prove; He pinched off a daisy and offered his prize,She accepted the gift with lust in her eyes;His spurs tossed aside as they dropped to the floor,And the lonely cowpoke was lonely no more.
Vicki Roberts © 2019
Alas, the monologue has come to an end and must be laid to rest.
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As always, thank you for reading.
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And now on to the somewhat green pastures of Cascade Lakes as run by the Board of Directors, a group dedicated to working together for the betterment of this community.
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Board Meeting: Audio and Video Up and Running; Zoom meeting online starts at 9:30am.
Board Members Present:
Jeff D. Green, President (Equal Board member)
Harvey Ginsberg, VP (Equal Board member)
Richard Greene, Treasurer (Equal Board member)
Linda Arbeit (Equal Board member)
Bob Dingee (Equal Board member)
Sue Schmer (Equal Board member)
Call to Order: Jeff D. Green.
Board Member Resignation:
[Editor’s note: Jeff thanked the Zoom operators, wished everyone a Happy Thanksgiving, and made one other announcement as follows:]
Jeff: Yesterday, effective immediately, Alan Silver tendered his resignation as Secretary of the Association and as a member of the Board for personal reasons. The Board will have to appoint someone else to the Board and we will do that when we, when we find someone that we want to put on the Board. So I’m just letting you know that I want to thank Alan for his time on the Board, and for his participation, and for everything he’s done for the community.
Sue: after the Pledge I have a Point of Personal Privilege.
Pledge of Allegiance: led by Richard Greene.
Sue: Point of Personal Privilege.
[Editor’s note: Sue graciously emailed her remarks for inclusion herein.]
Sue: This won’t take long…I wrote it down; it does concern Alan’s resignation, and it’s the Board’s loss. I’m going to read it just the way I wrote it.
“My remarks are solely based on what I think is right, on matters of principle, and on what I believe is entirely factual.
When Alan ran for the Board, he stated that he would do so if we developed and approved of Best Board Practices (code of conduct) which is used in many communities. He also said that if we did not adopt and adhere to it one, he would consider resigning.
A vote was taken at our first business meeting, a draft was approved and submitted for comments by all Board members. It was not formally adopted, but adherence to its principles would serve as a guidance to our interactions. I have no idea if this was, in part, the cause of his resignation, but maybe we need to look inward as to why a director, who was recently elected, would feel the need to resign.
Additionally, in my working with Alan over the past year, I have found him to be an extremely hard worker, rational, reasonable, and willing to compromise. I have never seen him being rude or disrespectful to any director at any Board meeting.
He brought us the Y, the expert directory, among many other things, and tried his best to make Cascade Lakes a community of choice. I hope that this Board as well as future Boards will continue in this direction.
I received as all of us did the reasons why Alan resigned. I will not go into personal reasons, but I would like to make the following point that he made in his letter of resignation to us.
The two most basic tenets when you are doing best practices are the following: make decisions from relevant data and quantifiable information, not emotion. Where you don’t have the facts, collect them from experts when necessary. The Long Range Planning did make an effort to do that. They were in the midst – this is not his words; I will tell you what is.
They were in the middle of doing survey; there was a lot of back and forth of what should be included in that survey; a compromise was sought, however, was not accepted. And these are Alan’s words, so I will quote them directly:
‘Long Range Planning is a marathon, not a sprint. It will take much more teamwork, together with the community to make it successful,’ uh, that I will leave out. ‘I regret not being able to serve the community for the remainder of my term. I wish you all luck and success in the future. My fervent hope is that you have respect for each other and for the community.’
And Alan, I quoted what I thought was the essence of what you were trying to do and say as a Board member, so if you have any objections, call me personally; you know where I live. I’m done."
Jeff: ok, thank you, Sue.
Jeff’s Opening Remarks and Announcements:
[Editor’s note: this was covered in Jeff’s Call To Order above.]
First Residents’ Input Session:
[Editor’s note: if you would like to speak, kindly raise your hand.]
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1. Barbara Appleby: [Editor’s note: this resident is unhappy with what she described as the disparity of the plants which replaced the ficus. Linda stated it has been addressed and inspected by PBB; fertilizer was added, and to give it time; they will grow.]
Loaning Equipment – Part I:
2. Phyllis Dinerman: I wrote a letter to the members of the Board; this is my letter:
“Dear Members of the Board:
A request was made to the President, Jeff Green, for funds of less than $100. to pay for wheelchair lock replacements. The wheelchair is owned by the Caring Committee and was loaned to us, short term, for my use.
I found the locks were incapable for stabilizing/securing the wheelchair. The request was denied by Jeff and Deborah. I didn’t know Deborah was in charge of committee equipment. It was denied because the committee’s equipment is not OWNED by the HOA.
I believe if the Entertainment Committee had a broken speaker, the HOA would pay to have it repaired. What is the difference? $100 for safety cannot be approved??!
I would love to hear from each and every one of you after you put yourself in my position.
Sincerely,
Phyllis Dinerman
5300 Grey Birch Lane”
Harvey: [Harvey interjected this before Phyllis finished reading her letter.] Can I address that, Phyllis, if you look at New Business #6. Phyllis: I know, I’m talking about 6, so may I cont--- Harvey: I know that. I’d like you to hold off on your comments until we can discuss that because I think you’ll find –
Phyllis: no, I would like to do it now because I don’t know if I’ll be around later. Harvey: well, the issue will be brought up and discussed and voted on when we get to it, so you can make your comment, but we’re not going to do anything right now.
[Editor’s note: this is the only time residents get to tell Board members their concerns; they are forbidden from speaking during the Board meeting, so the resident should have been allowed to finish. That is the whole purpose of the First Residents’ Input Session.
The reason why a Board member should not interrupt is so that the residents can present whatever they want to say on an agenda item to perhaps persuade that Board member or other Board members to reconsider their intended vote. Expecting the resident to wait defeats the entire purpose of the First Residents’ Input Session and why the Legislature designed such a requirement.
Later in the meeting, at the Second Residents’ Input Session, Harvey stated, “I knew where you were going.” This is irrelevant. He then stated, “I’m sorry if you feel I interrupted you.” In fact, this had nothing to do with her feelings; Harvey did in fact interrupt her and she was absolutely correct in calling him out about it. Phyllis then stated, “follow the same rules that you expect of us.” Again, Phyllis was correct about this as well.]
Phyllis: …I would like to suggest that all equipment be checked out before loaning to a resident, baby carriages, cribs, toys, and any other equipment. And as a postscript, we paid to have the locks fixed, and the wheelchair will be returned in a safer condition than when we received it.
3. Jerry Dinerman: I know it’s on the agenda to speak about loaning of equipment. Now I would have to assume that during that time it’s brought up before the Board, probably one or more Board members will recommend that probably because of the liability factor, not be loaned out any further. If this is so, please remember that the liability on the fitness equipment in the fitness center is far, far greater than the liability in the use of the wheelchair.
[Editor’s note: that last sentence is respectfully not correct. You’re comparing apples and oranges. The equipment in the fitness center is generally stationery, monitored, and serviced. The loaner equipment from the Caring Committee doesn’t even have the original owner’s manual or any warranties associated with it.
And what service tech should be hired to inspect all of these items? These items are constantly being exchanged between multiple residents, so that would mean having them serviced every single time they are exchanged and out for a long period of time where who knows who has used them. This is, respectfully, not a valid comparison. See detailed discussion of this issue under New Business Item #6.]
4. Diane Rogovin: [Editor’s note: Diane has issues with the landscaping company, PBB, and we feel her pain, as we’ve had our own issue with them which was pretty nasty as we previously reported in our October 20, 2021 synopsis and commentary entitled The Lawyer and the Shakedown. She mentioned a dead palm tree and weeds in her backyard, and a huge frond across the sidewalk.]
Diane: …they’re sloppy…it’s time to raise hell. Jeff: I had to pay for trees… it’s in the document; if we change the documents the maintenance will go up tremendously… Diane: as a community, we’re supposed to be working together… Jeff: if it’s on our property, it’s our responsibility. Diane: maybe it’s time to look into another service…
Approval of Minutes: October 20, 2021 Board meeting:
Jeff: Motion to approve the Minutes of the November 3, 2021 Budget Board meeting? Bob. Seconded by Linda. [Jeff said seconded by Richard, but that’s not what we saw.] Jeff: All in favor? Unanimous, 6-0. Motion to approve regular meeting: Linda made the motion; Sue seconded it; it passed unanimously, 6-0.
Treasurer’s Report: Richard Greene
[Editor’s note: the treasurer’s report was emailed to all residents along with the notice of the Board meeting and agenda, is self-explanatory, and will not be repeated herein. Harvey moved to accept the report; Bob seconded it; it passed unanimously, 6-0.]
Property Manager’s Report:
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Deborah: the final mow of the month is this Thursday and Friday… November 29, Fiddler pressure cleaning…and those who signed up… phone books should arrive shortly… Darlene from the guard house…part time position [in the office].
Committee Reports:
Committee Resignation:
1. Long Range Planning: Leonard Tannen
[Editor’s note: Leonard read the report which included the resignation of the entire Long-Range Planning Committee, and then graciously emailed it to your Editor for inclusion herein.]
“LONG RANGE PLANNING COMMITTEE
11/17/2021
I’m Len Tannen, interim chairman of the Long-Range Planning Committee, and this is our report for November 17, 2021.
We feel that we have been a very hardworking and effective committee. Until now, we have felt as if we have been working in conjunction with the Board toward the goal of creating a positive community of choice. However, after working on our present project, the Residents’ Survey, we no longer feel the same way.
We believe that we created a thorough, well put together, unbiased survey to elicit residents’ thoughts regarding the future of our community. We submitted the survey to you for your input and approval. However, over the course of the past month, the committee feels that there has been a constant nit picking, micromanaging, indecisiveness, and pressuring by several members of this Board in a concerted effort to undermine the survey and ensure its failure.
You insist that you want residents to join committees in order to take an active role in the community, however, if you do not respect or value the opinions and recommendations of your committees, then why have them? We find that working under these conditions, and under the present leadership of the Board, to be intolerable.
Therefore, all our members are submitting our resignations from the Long-Range Planning Committee, effective immediately. We’d like to thank Alan Silver, our liaison, for his advice and guidance. His recent resignation from the board is a loss to this community. We’d also like to thank Sue Schmer for providing unwavering support and acknowledgement of the value and recommendations of committees in general, and the Long-Range Planning Committee specifically.
For the record, we will attach a copy of the Residents’ Survey as well as the Realtor Survey that we created to this report.
Respectfully submitted,
Len Tannen
Ellen Brookstein
Chuck Cramer
Chris Gavitt
Kathy Spence
Judy Vlad”
[Editor’s note: Sue then made a point of personal privilege and graciously emailed her prepared remarks to your Editor for inclusion herein.]
Sue:
“Point of Personal Privilege. …This should not come as a surprise to anybody. This was a possibility that we knew might happen, so that’s why I have prepared remarks. I do believe in coming prepared for any contingencies, and this is one of them, so I will read it as I wrote it.
Fellow directors – This is not how we should be dealing with committees. I am saddened, disappointed, and upset about the resignation of the members of Long-Range Planning. You had on this committee some of the most dedicated, intelligent, and hardworking members in our community.
One of the tenets of the committee workshops that were held, was that we would respect the work and the members of every committee. In my judgment, this has been terribly violated. As a Board we also have to be introspective as to why all members of this committee would feel the need to resign. We need to revisit the true meaning of compromise, courtesy, cooperation, communication, and honesty, and get out of the micromanagement business.
Committees are essential to the effective functioning of our Association and their work products should be respected and valued. We cannot continue to have situations where such an important committee, and one which was specifically created by former boards to guide us into the future, to be disbanded. Perhaps Shakespeare said it best, to paraphrase, that the fault is not in our stars, but in ourselves. As a Board we need to, can do, and should do better.”
Jeff: your comments are well taken, Sue.
2. Entertainment Committee: …$15 bottles for house wine for New Year’s Eve… we have a singles table; we have room for more singles… 2022 show tickets are on sale…
3. Y/Fitness Center: Linda Bennis:
[Editor’s note: Linda did not provide her report after written request from your Editor. It is noteworthy that she was the only individual who did not do so after such a request.
Her report was quite lengthy. Upcoming events will presumably be e-blasted to the community. Linda stated that Alan Silver was their committee liaison and that they are deeply saddened by his resignation.
During Linda’s presentation, the following interruption took place (at 35:08 on the tape for those interested in hearing it for themselves) when a resident’s microphone was not muted, and said resident was apparently speaking to someone else in her orbit:]
Diane Green: I thought something was going to happen with Vicki. Linda Bennis: Diane, Diane, quiet! Arnie Green: I muted her.
[Editor’s note: someone seems obsessed with your Editor.]
4. Safety & Security:
[Editor’s note: Harvey read the report on behalf of Carl Bergman and then graciously emailed the report to your Editor for inclusion herein.]
Harvey:
“Safety & Security Committee Report 11.17.21
“On November 10, 2021, at 3:30pm, Cascade Lakes Safety and Security Committee met with six members in attendance.
Items presented and discussed were:
1) Sally port lift arms and plantings at the rear gates.
2) How to deal with vehicles tailgating through rear gate.
3) Vehicles stopping for conversations along Cascade lakes Blvd.
4) Alternate side of the street parking.
5) Reflectors in centerline of Cascade Lakes Blvd.
6) Border protection for perimeter and entrances.
7) Rumble strips in front of stop signs.
8) Safety for night walkers and bike riders.
9) Home safety procedures.
10) Safety and Security Blast on the message board, email, and News & Views. Items that should be included from general safety suggestions to official crimes that were reported to law enforcement agencies.
All the above items are of interest to the committee which is searching for solutions.
Carl Bergman, Chairman”
Old Business:
[Editor’s note: Many important items are still being ignored. Details are found on our page entitled “Agenda Items.”]
NEW ENTRIES ON THE LIST:
[none at this time.]
1. Update on facilities openings: Ginsberg
[Editor’s note: Harvey moved to make masks optional for all vaccinated residents, mandatory if not vaccinated, guests same as before, increase ballroom from 40 to 80, maintain social distancing, open the poker room, large card room, billiards room, arts and crafts to full capacity, and yoga room to a capacity of 15 people effective immediately.
Sue seconded the motion. The motion passed unanimously. Harvey also stated that even vaccinated people are of course free to wear a mask in the clubhouse at their discretion.
Harvey mentioned he would like to keep the Board meetings on Zoom. We agree wholeheartedly. More residents will be able to participate and watch it live, including snowbirds and other residents who for a variety of reasons cannot come to the ballroom. We object to the disabling of the chat function, but that’s a different issue and should be revisited by the Board.
Jeff opined that by January they would probably be able to open to full capacity. As a point of interest, Deborah stated that the ballroom has a seating capacity of 330 and a capacity of 190 for tables.]
2. Agenda and date for "get to know the board for new 2021 residents” – Linda
[Editor’s note: Linda handled this matter and graciously emailed your Editor her report for inclusion herein and asked your Editor to revise it per the video recording which tweaked it slightly.]
“When: Dec.7, 2021 at 7PM
Where: The Ballroom
Who is Invited: All new residents from 2021. If successful we will consider reaching back further.
Format: Three Directors on the podium at a time in three sections- two-two- two + Jeff or his designee as moderator at all three sessions.
Process: The office will send out the invitation below to all new residents. Residents will RSVP and send in questions through a registration form with a one-week response. Based on attendance, decision will be made to extend further back.
Invitation:
Welcome to our new residents. You are the future of our community. As such the Board would like to offer you the opportunity:
To meet all the Board members and find out something about them.
The Board is supported by committees Find out what they do.
Ask questions about how the Board functions.
Ask questions about how you can be integrated into the community.
To register click here.
Motion: to meet and greet new residents from 2021 for the purpose of new residents to get to meet the Board members, understand the function of the Board, and to get to know about the various committees in the community.
Motion- Linda Arbeit
2nd- Sue Schmer
Unanimously approved”
[Editor’s note: or, in other words:]
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New Business:
1. PBB Sod for Cascade Lakes Blvd - $12,960: Arbeit
[Editor’s note: this was proposal # 98-21, both sides where the ficus were removed and new plantings at the rear of the community property of the homes per Deborah. Linda made the motion, Harvey seconded it, and it passed unanimously.]
2. PBB Landscape proposal #99-21- $1,872: Arbeit.
[Editor’s note: this was to remove and dispose of ficus and install several plants and some river rock. Linda made the motion and Bob seconded it.
A discussion was had at the failure to delineate between labor and materials. Richard stated that this was brought up at the Treasurers’ Meeting of nearby communities, and they can’t get any vendors to break it down. Sue noted that if all HOAs insisted on it, it would happen.
Our position is that if they fail to break down labor and costs, get a new vendor. Make it part of your negotiation. We already proposed a Schedule A which is on our landscaping page. PBB’s contract is a million dollars; are they going to walk away so quickly? And who cares what other communities put up with? Start a trend and see what happens.]
Richard: you’re buying the complete package… Sue: … car service… they give me a complete breakdown… Richard: this is our total price…they are using the right material and they have the right people… Harvey: you’re not going to able to go to Lowes or Home Depot and have them put them in. Sue: that’s not to what I was referring, but I’ve said my piece. Jeff: all in favor? Unanimous.
3. PBB Landscape proposal for mulch #100-21- $7,395: Arbeit
[Editor’s note: Deborah stated it was for 1,740 bags of mulch installed. Linda made the motion, Harvey seconded it, and it passed unanimously.]
4. Plea for respect of plantings and resident property: Arbeit
Linda: landscaping is one of our most expensive items…it takes time for the plants to grow… open spaces… people can walk through… trampling the newly planted plants… walking dogs and the people walking on the flowers and newly planted plants… the plants are dead – they’re stepped on, trampled… have respect… also… for other people’s property… it’s very disheartening.
[Editor’s note: we agree; people, please stop taking shortcuts and destroying community property. Please don’t be lazy. And then please don’t complain when you see thousands of dollars of additional landscaping costs to repair the damage done.]
5. Temporary use of the ballroom for fitness classes:
[Editor’s note: this motion was taken off the table.]
Loaning Equipment, Part II:
6. Loaning of medical equipment: Ginsberg
[Editor’s note: The HOA loaned a wheelchair to a resident that purportedly did not have a working safety lock mechanism. That resident sent an email to the Board of which we were emailed a copy. We thank the resident for doing so, because the issue raised is very, very important.
We then immediately wrote the following email to the Board on Monday, November 15, 2021, which presumably caused this item to be added by way of a revised Agenda:
“Dear Board Members and Property Manager,
We received … an email sent to the Board … about a wheelchair recently lent … by the Caring Committee that purportedly contained faulty safety locks. …
A wheelchair can be purchased on Amazon for as low as $140. Drive Medical sells them. But that’s not the issue here. The issue here is potential HOA liability.
The HOA should not be handing out loaner wheelchairs with faulty safety devices because if the individual falls and injures themself, the HOA will be responsible for giving them a faulty medical device.
The HOA should not be lending out any type of medical device that no one knows how to use, no one checks to see if it’s in good working order, no one knows if it is sized properly for the patient, and no one has trained the patient on how to use it properly.
Cordially,
Vicki and Arthur”
Then the agenda notice was revised with this item added. Harvey is a retired nurse, so it made sense for him to handle this matter. We thank Harvey for placing it on the agenda and we also thank him for graciously emailing his remarks to your Editor for inclusion herein.]
Harvey:
“Loaning of Medical Equipment
It’s been brought to our attention that the Caring Committee recently loaned a wheelchair to a resident that the resident felt wasn’t in good working order and requested that the Association pay for the repair. The wheelchair isn’t owned by the Association; therefore, the request was denied.
The issue here is that the Caring Committee operates as an extension of the Association, like any other committee and as such leaves us exposed to potential liability should an injury result from faulty equipment.
Unlike items such as playpens, highchairs, toys, etc., which the Caring Committee lends out for visiting grandchildren, medical equipment requires a physician’s order and shouldn’t be loaned unless the equipment is properly fitted, and the user trained in its use.
Therefore, I move that the Caring Committee be instructed to discontinue the practice of loaning any equipment, effective immediately and ask for the return of loaned equipment ASAP.”
[Editor’s note: Linda had actually amended the motion to include any equipment, including medical, baby, crib…]
Sue: I would extend it to other committees, anything that is associated with the Board… Harvey: the tennis…? Sue: Lee’s not a committee; he’s a vendor. Add… to the motion, any equipment loaned out has to be returned immediately. Harvey: ok, “returned as soon as possible.” Sue: I’ll second that. Jeff: all in favor? Unanimous.
Deborah: on behalf of Nancy Rowe, they check it and make sure it’s working. Jeff: breaks on a wheelchair do not hold on tile floors… Harvey: it’s not germane to the motion.
[Editor’s note: Harvey is correct. The Board voted unanimously to approve the motion. The Board did the right thing. This is an issue of potential financial exposure to the HOA. The Caring Committee is an adjunct of the Board. The Board represents the corporation of which each home owns 1/600 of the HOA.
The presumed argument that there has never been an issue in 21 years carries no weight because the response would be that that just means the HOA’s been lucky for 21 years. All it takes is one accident, one injury, and the HOA will find itself defending a lawsuit and its insurance rates will skyrocket after a claim.
And if the HOA were on notice of this dangerous condition and lent the item out anyway, the carrier might defend with a reservation of rights, meaning they may deny coverage and then you can litigate a second suit against your carrier over that issue. That all costs money, lots of money. Lawyers are expensive.
This hurts everyone directly and personally in the pocketbook. And when your maintenance dues skyrocket or a special assessment is imposed, no one should wonder why. This is the harsh reality of this serious risk. Can you imagine if a piece of faulty medical equipment were loaned out, the person fell, hit their head, and died? Do you have any idea how expensive a wrongful death suit is? We do.
While we recognize that the loss of this convenience is upsetting to some residents, we must remind you that the HOA is not in the business of lending equipment to residents. That is not the HOA’s function; the HOA cannot risk liability exposure that this necessarily creates.
Harvey suggested that we encourage residents to use the HOA Message Board for loaner requests; we are happy to include that suggestion herein with the proviso that you lend equipment and other items at your own risk. The same rules of exposure to potential liability apply.
If you loan a faulty piece of equipment to your neighbor and your neighbor or a grandchild of your neighbor gets hurt because of that failed equipment or item, you may be sued.
You may protest that your neighbor would never do that, but rest assured, when the injuries and medical bills pile up, after their trip to the pharmacy they will be headed to the lawyer’s office. Plaintiffs' lawyers love these types of cases; it’s their bread and butter.
It goes something like this:
“No, she/he is my friend; that would never happen.” Then there’s a knock at your door. “Flowers for Mrs. So-And-So.” You open the door in gleeful anticipation. “Here you go, ma’am.” And you’re handed some flowers along with some papers from a friendly process server.
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So, if you are going to loan out any equipment or item, make sure your homeowner’s liability limit is at the maximum allowed by the policy. And if it’s not at least $500,000, look for an umbrella policy.
In conclusion, while we feel for Phyllis Dinerman, Roberta Alter, and perhaps others who voiced their disgust and outrage about this vote, during the resident input sessions or elsewhere amongst themselves, the HOA Board must put the HOA first. To do otherwise would be a dereliction of duty.
Please remember this is not a kibbutz; it’s not a collective. It’s an HOA. Lender beware.]
Second Residents’ Input Session:
1. Roberta Alter: [Roberta is very upset about the last motion and strongly objected.]
2. Vicki Roberts: excellent decision, congratulations, very smart. I’m very proud of you all.
3. Phyllis Dinerman: [Phyllis agreed with Roberta and then stated:] We can’t interrupt the Board, right? Linda: yes. Phyllis: when we speak, the first session has to be an item on the agenda? Linda: yes. Phyllis: how does Harvey have the right to interrupt me? [he doesn’t.]
Harvey: I knew where you were going. [irrelevant] Phyllis: that doesn’t matter. [correct.] Harvey: I’m sorry you feel I interrupted you… [she didn’t feel it: you did it.] Phyllis: I accept; follow the same rules that you expect of us…
Harvey: the ballroom, you couldn’t stand up… the chat, same thing, became very distracting… Sue: that’s not true. What you said is not accurate, Harvey. I did not want the chat function disabled… ballroom, a number of times the president asked me for information… if pertinent to the decision-making process, should be there; it is not distracting… if you think it is, don’t look down…
Linda: the first residents’ input session is so the residents can discuss what’s on the agenda; unfortunately, Phyllis was interrupted… at the second residents’ input session, people can discuss what we did… if there’s a problem, and we want to address it further… we will. You cannot have people interrupting the meeting. Jeff: I agree with Linda.
Amazon Gate Key Rescission:
4. Leonard Tannen: Gate Key Approval for Amazon:
[Editor's note: Len read from an email he had previously sent to the Board.]
Len: "Guys, you did it again! You have a great knack of blindsiding the residents of our community and doing it with as little foreknowledge as possible.
First it was trying to eliminate the night shift on the front gate guard service, and now it was further weakening our security system by giving total strangers access to our property without us having any direct control over their access! Neither of these actions were taken with any forewarning or announcement to the community residents of your intent.
And you wonder why there is great deal of mistrust of the actions of members of the Board by many members of our community!
I don’t recall the issue of backups at our gate being a problem and ever being discussed at any Board meeting in the recent past. So why did this become an action at the last board meeting? Who was its sponsor - Amazon? Are they a member of our Board?
And I also take exception to board member's taking actions without presenting prior information and supporting facts to the community (not "I think or I believe or feel or Oscar told me") before voting on such clearly basic security measures. Did anyone even think of asking the PBC Sheriff’s department about other communities’ experiences with this request? I guess just "Oscar told me” appears to be good enough for our Board!
I realize that being a Board member is both a position of power and a curse. But you all ran for office knowing this. Now you need to come back to a point where you give more consideration for the residents of our community rather than what you personally "think" is in their best interests. It doesn't bother me in the least if there is a backup at the visitor's gate (unless it becomes a hazard on Military Trail and then let's solve that problem, if it occurs).
But to weaken our security system for the benefit of a "for profit organization who needs to just deliver faster" is not in our best interests at all!!! We are not their employees! They aren't the police or fire department or the sanitation people that we allow onto our property for health and safety. Where are your priorities?"
[Editor’s note: Leonard asked for a response on the Amazon Key and wanted the Board to reconsider and rescind its vote on this matter.]
Sue: Len, I’ll give you a response; I voted “no” for the very reasons you just articulated.
5. Arnie Green: I’d like to speak on that also… I agree with Lenny, I spoke about this at the last meeting; it’s a terrible idea. Like Lenny said, he said it beautifully, he wrote it beautifully…I think that should be changed, you should rescind it because it’s a terrible idea to worry about the line when there is no line.
When the lines comes, we’ll worry about it later. But to allow Amazon to come through as a resident, what are we getting out of this? Nothing. But we’re worried about the line. I never heard of that before, but you guys figured that one out good. [Sue laughs.] I’m done.
Linda: I don’t know if I can make a motion, but I’d like to suggest that this item is put on the next Board’s agenda because I think it has to be reexamined and discussed, so I would suggest putting it on the next Board’s agenda.
Sue: Linda, if you don’t put it on, I will, because I voted no… Linda: I’ll put it on, I don’t have a problem with that. Sue: I thought it was a bad idea for the reasons Len said and I have not changed my mind. I saw a bigger picture.
6. Leonard Tannen: Ok, guys, I want to make, if I might, one more comment. And this is a chronic problem with our Board. If a member of the community takes the trouble of writing an email to this Board, I think that out of common courtesy, I would expect a response. And after five days I received zero response; Sue called me yesterday afternoon to tell me she got it and she supports me. But that was the extent of it.
And I have to tell you, you guys do a wonderful job of spending an hour and a half, most of which is buzzing and buzzing, but you’re not accomplishing very much, and there’s some very meaningful issues that you’re not addressing in this community, and the least of which is listen to your residents and respond to them. And if this Board is not going to respond to our requests for information, or for changes, what do we need you for?
7. Roberta Alter: I agree wholeheartedly; it’s a breach of safety.
8. Len Tannen: private vehicles.
9. Arnie Green: what benefit does the community get?
10. Vicki Roberts: On the Amazon Gate Key, I agree with Leonard and Roberta and Sue. Don’t wait for the next meeting. Re-open the Old Business section of the agenda and vote right now. If it fails, raise it again in two weeks. Don’t wait; this is a safety and security issue, so take a vote right now. [Editor’s note: the Editor agrees with herself.]
Jeff: it won’t be for at least a month. Deborah: Amazon has to first come in and record our addresses.
Sue: Roving Reporter has a valid point [your Editor’s Zoom name was Roving Reporter, which is really Arthur but we’re sharing the computer]. Sue: don’t give any data… have a vote… I read something that I would never sign ever… Deborah: a lot of packages are being delivered in personal vehicles… Jeff: if we do allow it, and there’s one problem, it’s cancelled…
Leonard: Jeff, what is in it for us? Harvey: anyone can come in and flash an Amazon badge. Jeff: they can’t; they have to have a package… Marion Weil: [in the Chat function]: I don’t want my address or other information on anyone else’s system. [we agree.]
Harvey: take it off the table. Rescind it. I make a motion. It’s not a fight worth fighting. Linda: yes, this agenda. Second. [The motion is to rescind the Amazon Key.] Jeff: all in favor of the motion to rescind? 5 – 0 – 1. Richard abstained.
[Editor’s note: and just like that, poof! The Amazon Gate Key is history.]
11. Judie Delman: I heard Harvey say what doesn’t it do for Fedex, UPS, Harvey agreed, then let them… you have to give thought before you say something because people take it very seriously.
12. Marion Weil: I missed the beginning of the meeting… any discussion about the draft of a survey to go out to the community? Is Long-Range Planning looking at? Jeff: yes, all resigned tonight. The Board will take it over and rework it and send it out to the community as soon as we can.
Marion: put approximate prices, the costs to the residents… Long-Range Planning Committee ideas are not necessarily what the community’s or the Board’s are. Put prices on there, otherwise… it gets residents up in arms.
[Editor’s note: excellent idea by Marion to put in approximate costs or at least an approximate cost range.]
Round Table Discussion:
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Harvey: No.
Linda: I’ll save it for the next meeting.
Richard: I’m disappointed that the Long-Range Planning Committee decided to resign but it’s their decision.
Bob: Happy holidays next week.
Sue: Have a good Thanksgiving… a plea for respect; it not only goes for the plants – it goes for humans, too. Linda: I second that.
Jeff: [Jeff thanked the Zoom operators.] Happy Thanksgiving. Next Board Meeting is December 1 at 9:30am.
Harvey: motion to adjourn. Second: Bob. [Linda also seconded it, but Bob said it first.] Sue: All in favor? [Hands raised.] Say good night, Gracie. [Board members complied.]
[Editor’s note: Meeting adjourned at 8:59pm.]
[Editor’s further note: A big shout-out to Zoom operators Mike Blackman and Arnie Green, and as backup if needed, Anita Goodman, for doing a great job administering the Zoom meeting. We thank them for their continued service and volunteerism.]
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And so concludes the Board meeting of November 17, 2021; next meeting: December 1, 2021 at 9:30am.
Thought for the Day:
There’s something to be said for growing old(er)…
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Special Reminders:
1. Don’t forget to join the community on the Cascade Lakes Boynton Beach Facebook Page, a place where you can interact and communicate! Click here:
Cascade Lakes Boynton Beach
2. Let’s congratulate our November Resident of the Month! Click here:
Resident of the Month
Cheerio until next time!
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