03/18/20 BOD MEETING: SYNOPSIS AND COMMENTARY BY VICKI ROBERTS WITH ASSISTANCE FROM ARTHUR ANDELSON
Posted March 19, 2020. Your Editor provides the following synopsis of the March 18, 2020 Board meeting with commentary indicated in bold bluebrackets[or as Barry Hymowitz referred to the Board on the HOA Message Board yesterday at 2:52pm, the “Boars Meeting.” For those of you desirous of an exact definition, we provide it here from the Oxford English Dictionary: “boar. 1. a tusked Eurasian wild pig from which domestic pigs are descended.”].
Board Members Present: All except Mark Goodman.
Pledge of Allegiance led by Alan Silver.
Marion Weil’s Opening Remarks:
Marion: This is a first for Cascade Lakes. We are conducting a streaming…the board meeting is closed to residents’ attendance due to Covid19. The Board has emergency powers to close all common areas under 720.316. All activities have been cancelled. Residents may participate in the input sessions. Zoom software; we will allow three minutes per resident for a total of 30 minutes.
Vote for up to three candidates for the Board. We have already had three ballots put into the box voided because they were not properly filled out. If you forget to sign it, your ballot is voided. The annual election will be Thursday, March 26th at 7pm.
Jerry: The question as to whether this is a valid arrangement. Per the governor this is a national state of emergency. HOA can take emergency action to prevent the spread of Covid19. The board meeting is temporarily closed – without an open meeting – we are doing a teleconference or video conference.
[Editor’s note: this is not a closed meeting. It is an open board meeting. It is open to the residents who are watching it via livestreaming, and provisions have been implemented to permit residents to speak. Major kudos to those who made this possible, and especially Jeff Green, the computer operator/moderator for doing an amazing job in implementing and executing this task. Approximately 55 participants watched via the livestream. Your Editor and your roving reporter watched on the same screen, so add one more to the total. The number fluctuated slightly throughout the meeting, but for the most part, it was pretty constant.]
Jerry: All emergency actions can be ratified. We can ratify the actions that were taken. Marion: show of hands to show what we have done; unanimous.
[Editor’s note: what was done, Marion? What specific prior actions were just ratified? They should be clearly identified. We know that the common areas were closed. Exactly what other prior decisions were ratified based on the emergency declaration? The community has a right to know. And what was the procedure involved in making whatever was just ratified?]
First Residents’ Input Session:
Jeff: no one yet.
[Editor’s note: people were trying to figure it out. Marion was very patient in giving everyone time and not rushing this new process.]
Marion: click “Chat” if you want to participate. Jeff: I did a test. Test with Mike Blackman.
[Editor’s note: the test was successful. I and others found it difficult to locate “Chat” and found that it was much easier to just click on the hand icon, “Raise Hand” which lets the operator know you want to be heard.]
Paul Friedlander, Grove Ridge Lane: Congratulations on doing this. I’m somewhat disappointed that the issue about treadmills is on the agenda now. It’s been on the agenda for over two months. Why is it not addressed?
Marlene Malkin, Glenville Drive: I have an iguana question. How is the iguana treatment going? Deborah: our contract began mid-February; eleven have been removed. It is cooler; there are less to catch. They are mating. Removing as needed.
Vicki Roberts, Landon Circle: the sound is muffled. Jeff Green [to Board members]: Speak up a bit.
PJD: [Editor’s note: this resident was not identified by name. Jeff accessed his/her audio; no response. Board member Jerry Dinerman later revealed it was his wife, Phyllis Dinerman.]
Phil Berman: It is difficult to get to “chat.” There is no “chat” button. [Editor’s note: this is the exact same problem I had, which is why I just went to the “Raise Hand” icon.]It is difficult to get to the “chat” button…The fence by the front of the community, before the last meeting, I never knew about the issue. I’m here about one and a half years. It is obvious to me that anyone can walk in off the street and go very quickly through the bushes in someone’s backyard. This is a close community; from a safety standpoint, it is almost imperative for a fence to go up at least to where the car gate is. From a safety standpoint, this has to be done immediately. Thank you.
Jerry: PJD was my wife. Her microphone is not working. Jeff: You have to have a mic or participate over the phone. Alan: call in; it’s part of the information on the sign up. [Editor’s note: huh?]. Jeff: there are 55 online. Jerry: about as much as we had in a regular meeting. Marion: last call, residents’ input session.
Marion: Approval of Minutes, Linda.
Linda: I propose we accept the March 4, 2020 Minutes. Second: Jerry [?]. Marion: Unanimous.
Treasurer’s Report: Marion: Mark is not here today; I will try to give his report.
[Editor’s note: it appeared to be a thorough report; details available upon request to your Editor.]
Motion to accept the report? Unanimous.
Property Manager’s Report: Deborah Balka:
Final mow March 25 – 26. Trim crew on Landon. Ficus replacement will begin. West side of Pipers Glen residents were notified re upgrade. Existing ficus will be treated for white fly. …caloosa instead of arboricola...iguana…normal, May to September. Lake erosion – begins March 23rd by Allstate Resource…fence $980, four feet high, could go to 42 inches, guardrail size. Harvey: question. Is the $70 credit included? Deborah: we’re not using the existing fence. Awning contract begins this Friday should be finished…[Editor’s note: now on to the shed update.] …permit is in the hands of Hartzel [phonetic], working on the time frame. Two spots next to the dumpster. We don’t need a pod for storage. Marion: Let’s thank Deborah for being so fastidious for the permit every week, to finally get this permit after six and a half years. Deborah: we have a construction person, Ray, in charge. Marion: $980 is within your purview. Linda: What is SIP? Marion: a structural wall, already built. Already made. Unidentified Board Member: prefab? Marion: sort of, but in a nicer way.
[Editor’s note: SIP stands for structured insulated/insulating panel. No, I had no idea; I just looked it up. Per the Structured Insulated Panel Association (yes, there is such an association; www.sips.org), “Structural insulated panels (SIPs) are a high performance building system for residential and light commercial construction. The panels consist of an insulating foam core sandwiched between two structural facings, typically oriented strand board (OSB). SIPs are manufactured under factory controlled conditions and can be fabricated to fit nearly any building design. The result is a building system that is extremely strong, energy efficient and cost effective. Building with SIPs will save you time, money and labor.”]
Facilities: Linda reading report by Chairperson, Phyllis Martin-Hirsch: Meeting took place March 5th, all held pending survey. Agenda included 1. Funds, 2. ADA compliant toilet seats, 3. Repurposing the clubhouse with some sort of food service, 4. Search for designer, project manager, architect, 5. Examine the fitness center, pickleball courts for possible improvement, 6. Roads – structurally very sound, need some cosmetic surgery to last seven years, 7. No more than three board members and the facilities committee to investigate.
Rules and Regs: Alan for Sue Schmer, Chairperson: completed the revision regarding the sports center, forwarded to the Board for its approval, thank Diane Green, President of the Pickleball club and her leadership team, MW, Alan, Lee Sinett…Steinfeld.
Safety & Security: Alan reading: stop and speed limit sign, Deborah gave us a proposal from Signorama for $5,200. Questions, contractor, in influencing price, we need to talk to the contractor. Recommend at the next board meeting. Gate maintenance and remote access services, awaiting their proposal. Off site storage of security camera footage, cost is higher than the benefits; next board meeting. Fence installation, Military Trail entrance both sides. Conditions of the hedges on the south side is a security risk; should be remedied as soon as possible.
Entertainment: Eileen: 2020 show series, Hamilton postponed. 2021 seat selection postponed. Juke Box Bingo postponed. Notices will go out. Poolside Party May 23, 1-4pm, still scheduled. New Years Eve and Brunch booked. July 11, independence party. Will keep you up to date with fliers. Diane Green.
Item 1: Treadmill option to repair or replace. Linda: if we buy a new machine, it should be the same machine. Leasing is too expensive. Excel Fitness is the firm that the Y uses. It’s about $600 less than Tru Fitness… [crosstalk]…Eileen, Harvey, inaudible…Linda: I was just looking at new, not used. Eileen: motion to go with Excel Fitness…Second: Harvey; Eileen: $5,010…[crosstalk]…Linda: accept $5,010.40. Eileen motion, Harvey second. Eileen: motion to accept. Alan: I spoke to Barry Davis at the Y. He said both machines would be good…[muffled]… there will be a learning curve, technical upgrades. Marion: the new 650s have been upgraded. Alan: we should go with the less expensive one. Marion: the Pre-Cor?[phonetic] Deborah: three year, not 5 year on parts. Harvey: Tru Equipment – more familiar. Five year parts, three year labor, $700 difference, but two years more on the warranty. Linda: we’re better off with Tru, we have it, we’ve always been satisfied, the warranties are better on the CS650. We should not be penny wise and pound foolish. Alan: spreadsheet- 5 year warranty Tru machine, quote, two year warranty on everything except the motor which is 5 year. Barry is an expert, the CEO of the Y, both machines have learning curves; we should go with the cheaper one. Harvey: Tru warranty says 5 years on the motor, 3 years parts, 3 years labor. Linda: go with the Tru, what we’ve been using. Nine years. Go with what you know. Eileen: I agree with Linda, psychologically for the residents, they know the machine. Marion: Eileen’s motion for a new machine, Tru 650 from Excel: 5-1-0. [Editor’s note: Alan opposed, Mark was absent.]
Item 2: Fence for Cascade Lakes Blvd. Marion: south side of the fountain almost to the island of the guardhouse. 316 feet. $10,550. The north side is 332 feet, $10,820. Three channel, one post. The pedestrian side gates $2,620, mechanical. Alan: One at a time. Eileen: two at the same time, then next year for the gates. Harvey: I agree, we need to plan for the whole project, $62,710. $38,700 swing gates. Some will have to go for a community vote. Marion: we’re not doing the gates.
[Editor’s note: that’s one way to avoid a community vote, do it piecemeal so it doesn’t reach the threshold amount requiring a community vote.]
Harvey: do the fences now, the pedestrian gates next year, the swing gates the following year, if we can get it done so we don’t need a community vote. [Editor’s note: I rest my case.] Marion: Motion to put fences up on the north and south side of Cascade Lakes Blvd. and with two pedestrian gates for now with the caveat that we have money because this is not a budgeted item; we can use the money from the social director
[Editor’s note: this is the money that was set aside for the social director’s contract which was not renewed, which upon information and belief and my memory was about $25-26K.]
Harvey: second. Alan: I respectfully disagree. The south side is an emergency to be done immediately. The north side, there is not a significant risk and can be delayed. To approve the entire project now is a mistake. Facilities wants to do a whole bunch of things. It is part of long-term planning; we should not approve piecemeal a long- range plan. Eileen: Rapid Fence – before we sign – talk to him. Marion: he said he would work with us. It is all manufactured in the U.S. Eileen: I would like it in writing now. [Editor’s note: discussion re price ensued, crosstalk.]
Deborah: the north side, it is beneficial to put the gate behind the hedge, not in front of the hedge…Marion: motion for Rapid Fence on the south and the north side of Cascade Lakes Blvd. (not including the pedestrian side gates), Second: Jerry. Board Member: $10,550 south side; $10,820 north side, $21,370 total. Marion: speak with Pedro, to see if he can do much better on the pedestrian side gate and [other] gates. Motion passes, 5-1-0. [Alan opposed; Mark not present.]
3. Releasing information re: recent crimes in Cascade Lakes. Jerry: for years I’ve been trying to get the Board to release information. CrimeMapping.com reports. Any resident can do that. Motion to allow the release of the information, not identification of names, addresses. Alan: Second. Alan: COPS, Safety & Security, we had meetings. Recommend an email blast warning them to be vigilant. No need to violate privacy. Available at CrimeMapping.com and SpotCrime.com. Set your alarm, close your garage door, lock the entrance. Burglars are breaking windows, which will not set off your basic ADT alarm. I recommend motion detectors. Marion: Old Business 1 and New Business 2 together. [Editor’s note: your Editor believes she may have sent a message to the administrator, Jeff Green, requesting the exact website addresses.] Jerry: www.CrimeMapping.com. Alan: SpotCrime.com. Eileen: …Harvey: I don’t see why we can’t notify the community. How is that a violation of privacy? There’s been an incident. Deborah: we’ll have 400 phone calls. Rosemary kept getting phone calls and I had to keep fielding them. Mass email. Jerry: no specific information will be given, don’t ask. Alan: email blast. Deborah: please send me something, the staff will send one notice, in bold, there will be no further information. The resident in this case specifically asked me not to. Linda: an article should be in News & Views, when the crime occurs, no specific information will be given identifying the victim and then a list of precautions. [Editor’s note: I believe I sent a message to the administrator that this news site would also offer a place for the information. News & Views is issued only 8 times a year; it’s hardly current.] Marion: I’m opposed to putting anything out there. It’s just all gossip. I’m not for this. Linda: if you don’t put it out, it breeds gossip. Marion: It’ll breed it no matter what. Linda: people are resentful not knowing what’s going on. Harvey: if you don’t put something out, it’s gonna get out by word of mouth and that’s where you get gossip, rumors, and false information. Jerry: motion for nonspecific information to be given to the community after an incident occurs. Second: Eileen [?] Motion passes 5-1-0. [Editor’s note: who opposed? Marion? I sent a request to the administrator asking who opposed; I did not receive any feedback. Also, why was it stated that the vote indicated a zero? That normally is reserved for those who abstain. Mark was absent. He was not present to abstain.]
Item 1: Sod replacement re: Rules and Regulations. We’ve been replacing homes’ front lawns only after winter weed spraying…one foot in diameter. It costs a fortune. Deborah: almost double. Marion: something like $30,000 that was not budgeted. Motion that homeowners are responsible for their property regardless of what happens to it, and the association…[inaudible, sounded like palm fronds]…Harvey: second. Eileen: you have some issues. They’re responsible but we’re spraying. Marion: zero lot lines, they weed whack, no mowers, it’s the homeowner’s responsibility. Harvey: in the past it was the homeowner’s responsibility in the front. Way over budget. The homeowner has two choices, replace or do nothing. If you do nothing, something will grow that’s green. It’s up to the individual homeowner. Linda: as a homeowner, do I have a right to spray for weeds on my property? If the community sprays on my property and kills the weeds and my sod, then the community has to pay for it. Deborah: we don’t replace. Linda: then don’t kill it. Eileen: I’m concerned with the appearance of property. If the homeowner won’t replace, what happens then? Marion: they can go through a discipline program and get a fine. Eileen: approach the homeowner. Marion: you’re saying PPB would give you a proposal. Harvey: the cost of a 1 foot by 1 foot per homeowner times 600 is astronomical. One homeowner to replace it is not that much. Deborah: on Landon Circle, we’ve replaced huge amounts of front lawns. Eileen: amend the motion, we will, or the homeowner has to. [Editor’s note: huh? That doesn’t make sense.] Marion: how do you enforce it? Linda: there are many places where trees are removed and not replaced. Jerry: over the years we’ve increased what we’re doing for the residents and landscaping is a very large part of the budget. Linda: Jerry is right. Deborah: reason maintain…they change crews constantly. Alan: letter from Deborah… [cross discussion] …Harvey: why can’t we go back to the people replacing the sod on their own? Marion: motion, all in favor of the homeowner paying for their own sod regardless of what happens to it. Harvey: point of information: when does it take affect? Marion: now. We haven’t done it. Linda: it takes affect immediately. Eileen: … [talking about her own experiences at a prior location] … Marion: [To Eileen]do it at the Round Table. All in favor, even after weed spraying. Unanimous. Rules and Regs will have to be changed, Sue if you’re listening.
Item 2. COP’s recommendation on threat notifications. Marion: part of Old Business Item 3.
Item 3. Safety Signs – Safety and Security Committee. Alan: postpone for further investigation re vendor. Jerry: additional vendor. Eileen: look at, after seven years, one stop sign on Cascade Lakes probably at Landon. Alan: already on their things to do.
Item 4. Set up and Clean up for clubs. Marion: sometimes clubs have an outside event, and the want to reserve and set up the ballroom in the event of rain. Do they pay for two set ups? It is usually done by the cleaning staff, and it takes away from the work they usually do. Alan: $55, now $110. Deborah: Pickleball, 10 tables outside, 40 chairs, etc. ...plus 10 tables in here. That’s a lot of moving. Eileen: solution, budget that into whatever they’re charging for the event, and if they don’t use it, it goes into their kitty. [Editor’s note: that makes no sense. If they have to double book, they have to pay, and there’s nothing left for their kitty.]Harvey: how much notice is required? Deborah: they are usually weekend events, and we have to set up on Thursday or Friday. It’s very time consuming. Alan: we should charge extra if it costs the association extra; if it doesn’t, then not. If we don’t have to pay overtime, then should do it. Marion: the cleaning company brings in extra people. $55. Jerry: $55 is not an onerous amount for a club to pay. There is no reason we should not charge the club for a second set up. Linda: I agree. If a club wants to take insurance by setting up the ballroom in case of rain, then they have to pay for it. If you want two venues set up, you pay for two venues. Eileen: they’re pretty accurate with rain. [Editor’s note: really? Have you ever tapped the Weather App on your phone, and it says rain in your area and you’re squinting from the sun, or it says no rain and you’re getting soaked?] Harvey: … Deborah: $55 is nothing. Used to pay $150. For clubs only the charge can be utilized. Marion: set up and clean up for clubs who need two set ups, they get charged twice – indoor, outdoor. Jerry: second. Harvey: committees? Marion: no, committees are part of the Board. [Editor’s note: Marion is correct, they are extensions of the Board; they have no voting rights and cannot make decisions on behalf of the community. This rule does not apply to the Architectural Review Board, which can vote and make decisions within its purview; more on that entity at a later date, we promise.] Deborah: set ups only. Marion: motion unanimous.
Item 5. Extra “Y” Classes for Fitness Center. Marion: This is budgeted right now. The contract expires at the end of March. Email from Carrie[fitness center director] – she took attendance. One Chair Yoga on Tuesday and keep the two Forever Fit classes. We would be taking away an extra Chair Yoga and putting in… Eileen: I read it differently. Marion: she wants it the way it is now. My mistake. Alan: now you have 12 classes… [inaudible] … go from 12 classes to 11 classes, just keep one Chair Yoga. Marion: that’s what I said, keep one Chair Yoga and keep two Forever Fit[Editor’s note: they appear to be saying to lose one Chair Yoga]. Second: Alan. Linda: keeping two Forever Fit on Friday, keep it together on Friday, probably people don’t love. Marion: Five minutes back in between and doesn’t have the other class until everyone leaves. It’s up to Carrie. Jerry: we don’t set it up. Marion: we are paying $1,000/year. Deborah: $500 per class. [crosstalk] …Deborah: till April 1st then December 31. [crosstalk; BOD members appear confused.] Marion: is Arnie Green online? Jeff: yes. Eileen: it’s very confusing. Arnie Green: the second class was to accommodate the overflow. Twenty-three people in the first class, 23 in the next class.
[Editor’s note: crosstalk…Arnie came across crystal clear, as if he were standing next to me. The Board members on the sides of the Owl were the most difficult to understand. Question for the future: is there a way to mic up the board members so that the audio from where they are sitting is clearer? If they used the Zoom conference all themselves, they would then come across as clear; just a thought. Alternatively, they should face the Owl the way Harvey did after he was advised that he was inaudible and then he came in loud and clear.]
Marion: our purview is to pay or not, and she does the scheduling. Arnie: Chair Yoga, we didn’t ever get 23 people in the first class. We just want to drop one Chair Yoga class; everything else remains. Alan: snowbirds coming back? Arnie: Chair Yoga never bloomed. I have every attendance sheet for every class. I recommend we extend for two months to see how many snowbirds we will lose and see what happens. Deborah: Carrie took a poll and figured in the snowbirds and we only lose two to three people. … [crosstalk] … Arnie: do you want to throw $500 out? Fine. I say go for two months and see how it goes. Harvey: even during the season you don’t need the Chair Yoga. Arnie: yes. Marion: motion, all in favor of dropping one Chair Yoga? Unanimous. I have Part B. Carrie has instructors to continue classes on Facebook at no extra cost to the community while the Fitness Center is closed. Alan: Carrie, I asked about classes online. There are two options. Facebook, and other. [phonetic: Mass Systems? NASA Systems?] 60-day free use. Home trial. Marion: sixty days in your home, we’ll give the people the information and they can do it on their own. We’re on contract with the Y. We should vote. There’s a liability thing to it. Linda: what kind of liability? Marion: you’re taking a class, even though at home, it’s still HOA. Linda: I have a question for that. Marion: I don’t know if you’d win. Alan: Rules and Regs says at your own risk. Marion: at your own risk doesn’t mean a thing. Jerry: [fast crosstalk]… Marion: motion for classes on Facebook? Alan: second.
[Editor’s note: no audible vote or tally was heard. Did this pass? Was it unanimous? Not announced. I sent a request to the administrator; I did not get a response, although this is not on Jeff. It is incumbent for Board votes to be clear and audible.]
Eileen: Instagram has people offering exercises for free. Alan: [another program, inaudible.]
Item 6. White fly ficus drenching $9,069.53. Harvey: change the product we’re using; the white fly gets used to the old product. They recommend a different brand. … $9,069.53. We had budgeted $11,000, so we’re $19,30 under budget on that. Motion to accept the proposal. Eileen: second. Marion: any further discussion? [To a board member who temporarily left the room?] Here’s what you missed. Motion unanimous.
Marion: we’re adding an Item 7.
Item 7. Medical Advisory Committee. Alan: I’m suggesting the formation of a medical advisory group, not necessarily a committee; we have committees because we don’t know everything. We’re not being asked to make difficult decisions. I suggest four potential members, three physicians still practicing and two other medical professionals. [Editor’s note: uh, that’s five, but that’s ok; it’s been a long meeting.] They could advise us on the facts required for us to make informed decisions. We will certainly follow the CDC guidelines, but that advice is general and social distancing…different issues raised… I move on a medical advisory committee led by Harvey and Jerry, our own medical experts. Eileen: second. I’d like to see one medical, one doctor, one or two as advisories, we don’t need to form another committee. Harvey: I have some mixed feelings…good ideas…retired. Dentist, surgeon who hasn’t practiced in 30 years. At this point, it’s a novel idea. Follow the guidelines of the Department of Health and the CDC and I’m getting emails every day from the CDC…and webinars…limited gatherings to no more than 10 people. I’m flattered; I don’t think, unless you’re active in the field; the state of art is so much different. I don’t think it will be helpful. CERT, no head of CERT. [Editor’s note: Cascades Lakes Emergency Response Team.] Marion: that’s for the Round Table. Alan: we’ve heard different things…Jerry: I was initially on this discussion. The profession is changing so rapidly, we would be second guessing the information from the authorities. It’s not a good idea. I would vote no. Harvey: this is changing day by day. Eileen: …we should not be making any medical decisions whatsoever…we use some residents for legal advice. They haven’t been practicing law for a while.
[Editor’s note: I have been advised on more than one occasion that the only resident utilized for legal advice is Paul Friedlander, an amiable chap who is a retired tax attorney, and not to my knowledge a contract expert or a litigation specialist. Your Editor is not fully retired, is an expert in contracts, and a litigation specialist. The Board deliberately avoids consulting with your Editor because they don’t want to be called out for errors in the manner in which they conduct business, and frankly, they don’t care for your Editor, and in some cases, their intense dislike is palpable. They have placed their intense dislike for your Editor above the best interests of the community on many occasions.
As you have probably figured out, your Editor and your roving reporter couldn’t care less about winning any popularity contests with the Board or with anyone; the goal of this news site is to report the truth, to be transparent, and to call it like it is, rule-breakers and all.
And these qualities are basic, fundamental qualities that one ought to expect in any relationship, be it one on one, or one to a community. Why would we want to associate with individuals who are neither honest, transparent, nor forthright? Furthermore, the minute one worries about ego-based issues such as popularity, the quality of the reporting would drop or be compromised. We decline to go down that road.
Instead, we proceed on, in our Enchanted Cottage. (The Enchanted Cottage, 1945, starring Robert Young and Dorothy McGuire; the plot, as posted on the IMDB (Internet Movie Database): “A homely maid and a scarred ex-GI meet at the cottage where she works and where he was to spend his honeymoon prior to his accident. The two develop a bond and agree to marry, more out of loneliness than love. The romantic spirit of the cottage, however, overtakes them. They soon begin to look beautiful to each other, but no one else.” —Daniel Bubbeo )]
Harvey: continue to keep abreast of what’s going on with the CDC and Health Department; things are changing day by day. I’ll keep track and I’m keeping the Board apprised of changes. I’m against it for the same reason as Jerry. Jerry: the true professionals should make the decisions. Harvey: The guy who lives at Majestic Isles and he went to Chabad and now the temple is contaminated.
[Editor’s note: Harvey is referring to the 70-year old man who flew on JetBlue from JFK in New York to PBI in Palm Beach on Wednesday, March 11, 2020 and tested positive for the coronavirus, Covid19. JetBlue has banned him (the man, not Harvey) for life. Majestic Isles is around the corner, with an entrance on El Clair Ranch Road just north of Piper’s Glen. The Chabad Lubavitch is right over there, too, at 10655 El Clair Ranch Road. The man attended services there Friday night, March 13, 2020 according to news reports.]
Harvey: there’s a liability on the part of the association if someone dies. There are lawyers that would sue a ham sandwich.
[Editor’s note: Harvey’s comment is a bastardization of the time worn phrase that a grand jury would indict a ham sandwich. This came about because traditionally, grand juries only hear what prosecutors present to them; they rarely get to hear from the defense, and so, more often than not, they indict based on the prosecutor’s recommendation. Once the matter proceeds in court, however, where everyone has to play by the rules, where hearsay is generally not allowed, and where the defense gets to poke holes in the prosecutor’s case and present exculpatory evidence, the likelihood of a conviction falls dramatically compared to the percentages of indictments.
Most cases are resolved with plea bargains where the defendant pleads guilty or no contest to a lesser charge in exchange for a guaranteed maximum sentence; the plea bargain also allows the prosecutor to add a guilty plea to his belt notch; the numbers fall even further, however, if the matter proceeds to a jury verdict, where actual evidence, trial rules, and jury instructions afford a more balanced process. For more interesting information on this matter, please read the book, Beyond a Reasonable Doubt Introduced by Larry King, where I discuss the role of the prosecutor and what reasonable doubt means (at pages 33-35). I have extra copies in my garage for anyone who wishes to read it.]
Marion: we said we’re closing down everything. Harvey: that will be when CDC and the Department of Health says it’s ok.
Eileen: may I remove my second to the motion? Boredom is an interesting thing…we can walk, ride a bike, go online…we took a walk for the first time in years; we said hello to neighbors…
[Editor’s note: A few weeks ago, I said hello to Steve Olitsky, Eileen’s husband, at a tennis club gathering, and he ignored me. I said hello again. He continued to ignore me. I then said to him, “no hello?” He responded: “no hello.” I responded: “ok, good to know.” It was a short but very cordial exchange between the prior president of the tennis club and yours truly, its newest member.]
Marion: the motion dies.
Second Residents’ Input Session:
Mike Blackman: thank you to everyone who has implemented this technology. It’s working extremely well. So, kudos to all of you who made this happen. [Editor’s note: I second those comments.] Reporting recent crimes, I think it’s a terrible idea. We’ve spent a lot of time to paint Cascade Lakes as a place to live. If you send an email, there are four other websites with the word of Cascade Lakes on it. We have no control.
[Editor’s note: that train left the depot. As far as spending a lot of time to “paint” Cascade Lakes as a place to live, in Mike’s words, it’s more of a whitewash, which, per the Cambridge English Dictionary, defines the word whitewash thusly: “an attempt to stop people [from] finding out the true facts about a situation."]
Mike: What happens on Facebook, I won’t quote the website.
[Editor’s note: But we will: CascadeLakesResidents.com. The Facebook page for this community is administered by resident Carmen Coletta. There is a realtor that has the name Cascade Lakes as part of a website to sell homes, and there is the Cascade Lakes Brewery Company in Redmond, Oregon, which is a microbrewery. As for the actual Cascade Lakes, they are located in central Oregon, and upon information and belief, consist of twelve lakes and two reservoirs.]
Mike: There goes our reputation. There goes [sic] the people who would want to look at homes here.
[Editor’s note: the reputation is based on the Board’s behavior; put the monkey on the back of whom it belongs; if the Board followed the rules there would be no concern for reputation, and in fact, potential buyers have the right to know how things operate here before they decide to buy a home in this community. This Board meeting originally was going to be a closed meeting, in compete and total violation of the Florida statute. On March 17, 2020, we posted the following update on this matter on this news site which bears repeating here:
“This update concerns the improper closed-door board meeting that the Board was intending to conduct on March 18th. Starting last Friday and through late last night, this news site sent emails to the Board of Directors and an email to the HOA’s attorney; we posted one of these communications and our analysis on this news site below. Due to our relentless efforts, the Board has today for the first time created a mechanism for giving residents access to the first and second residents’ input sessions through the streaming service.
We know this was based solely on our efforts because at no previous time did the Board offer the statutorily required speaking opportunity to those disabled residents who were previously using the livestream feed, and that appears to have been a continuing violation of the Federal Fair Housing Act.
Furthermore, the Board did not give us the courtesy of a response to our specific concern. In view of the fact that our comments were right on target, the fact that the Board chose not to respond to us in any meaningful way, we who are fully engaged residents and co-owners of the HOA corporation, is shameful to say the least. We and all of the residents who were inquiring about this matter were left in the dark for days.
The stress imposed on our elderly residents who were upset about this issue could have been completely avoided had the Board simply sent out an email advising the community that they were working on the issue. Instead they remained silent and allowed the residents to fret through the weekend and Monday, when one of the webmasters of the HOA Message Board actually exacerbated the situation when he confirmed in writing that it was going forward as a closed meeting, writing:“Patricia, the meeting will not be an open meeting…”The Board’s total lack of consideration and downright disregard for the members of the community is inexcusable.
We even received the normal expected bullying from our resident bully (which we posted on our Calling Out Bullies page) based on our simple request for the Board to be transparent and to follow the rules, of which the Board was guilty on both counts of failing these two simple and fundamental obligations.
This news site is therefore even more critical to those individuals who are seeking to purchase homes in a 55+ community. They have a right to know that if they buy into this community, this is the kind of behavior they can expect from a Board which loathes having to comply with the Florida statutes and the HOA’s own governing documents, and which also loathes being accountable to its constituents.”
Bob’s Phone: Jeff: mic not working.
Arthur Andelson: I have a question. The pavers between the tennis courts, it is a high slope. It’s sand. It will erode and the pavers will start to slip. When the guard rail is put in, will there be something put there -- railroad ties – or concrete, or something to shore up the sides?
Marion: we’ll ask our fence guy and ask him about that.
[Editor’s note: Arthur called our property manager, Deborah, this morning, March 19, 2020 to follow up on this issue. She advised him that when the fence people arrive to put in the post, she is aware that she may have to call back the paver installer to shore up the pavers.]
Bob’s Phone: no mic. [Editor’s note: Eileen is seen leaving the ballroom.]
Round Table Discussion:
Alan: I’m very disappointed in the Board’s decision not to have a medical advisory group. Jerry: Email bulletins. I don’t think we should be using our staff to do that. Marion: only the cinema committee[Editor’s note: I believe this references the use of staff to email residents]. Board Member, possibly Marion: Committees, not clubs. And I want to thank Harvey, who has put in a tremendous amount of work. Alan: this is Jerry’s last meeting. Marion: no, election is his last. Alan: I want to thank him for his service, and we are better off for his presence. [Editor’s note: Board claps.] Deborah: annual elections, Ron Capatina[phonetic] will be coming. FirstService will be here. Inspectors are coming. Four tables along the room, three people at each, so that they can do the counting. The Board and other candidates are the only people allowed in the room. Jerry: three people is too close; one on each end.
Jeff: I told Bob to type the question: Porta Potties for Palm Beach Broward. Marion: Palm Beach Broward staff use the bathroom in the guard house, and it’s being cleaned twice daily. Eileen: election transition; it’s difficult. I propose we do a training, sit as a board, to train them so that – Harvey: if we’re all together, it has to be noticed. [Editor’s note: maybe Eileen needs a refresher; it is clear that she should be nowhere near the mentoring site lest she infect the newbies with her expertise on rule breaking.] Marion: we don’t have to all be together. Harvey: it can’t be four. [Editor’s note: well, at least somebody got the memo.] Marion: people up for election have all been here forever. I think we can assign mentors to them and come to meetings and explain as we’re going along. [Editor’s note: the pot teaching the new kettle how to be black? Really? Do we really want the HRIC (Head Rule-breaker In Charge) mentoring anyone?]
Eileen: it’s the same Chairs. The continuity has to be there, to new Chairs. Maybe two Board members updating them. Marion: we’re gonna pick liaisons; maybe the liaison and one other Board member. Harvey: it’s only one person. [Editor’s note: both Richard Greene and Susan Schmer are running for the Board. That totals two people. Harvey’s math was better in the previous paragraph.] Linda: don’t make that assumption. [Editor’s note: a wise comment from one of the candidates up for election.]
Harvey: Thank Jerry for his service. Eileen: oh, I missed that. Harvey: people are self-isolating and self-distancing. We have a number of residents who live alone and may need help. We have a Caring Committee and CERT. [Editor’s note: Cascade Lakes Emergency ResponseTeam.] Emails to pod captains. Work with the system for hurricane cards. 720.316, we have to have emergency plans. [Editor’s note: no, it’s not mandatory; that statute just gives the Board additional powers if they choose to exercise them.] When this whole thing is over, we have to amend our Rules and Regulations to have emergency plans.
[Editor’s note: that’s a good idea, however, be careful to follow the limitations set forth in the statute; it is not a license to suspend all other rules; this is not like the FAA. When I was in flight school learning how to fly (my favorite little aircraft was the single-engine Piper Cherokee because it had a very large bubble-like front window which offered greater visibility than the Cessna or even the Beachcraft Bonanza, and as a short person, it was important to be able to see as much as possible up there, and also, I was able to reach the rudder pedals on the Piper Cherokee with much greater ease), one of the first rules we learned was an actual FAA rule which permits the pilot to suspend all other FAA rules to save the life of the people on board.
Florida Statute 720.316 doesn’t have anything remotely resembling such a broad suspension of rules, so it is not a time to throw caution to the wind and use that statute as a license to have an orgy-like rule suspension, breaking this rule and that rule with wild abandon, almost as if it were business as usual.]
Eileen: I was on the Caring Committee for six years. They have pod leaders. They’re a great group of women [pause]and men. Marion: I need to know who the pod leaders are so I can let the residents know and I can put out an email blast. Harvey: we’re all sacrificing.
[Editor’s note: How so? We’re in the comforts of our homes; we are so fortunate; no one here to our knowledge has been stricken; again, we are so fortunate. Staying home is not a sacrifice.]
Marion: we’re all bored.
[Editor’s note: Not us over here in the Press Office! We’re busier than ever. Do you have any idea how long it takes to prepare these synopses and to stay current on this news site? By the way, we welcome applications from potential contributors. Applicants with no sense of humor need not apply.
Also, does Marion or Eileen who referenced boredom or Harvey who claims everyone is sacrificing have any idea how time-consuming taking care of an infirm and disabled relative is? As an example, in your Editor’s case and that of your roving reporter, make that two infirm and disabled parents, and there are plenty of others in this community who are home-bound permanently during this crisis and have little help. If you’re so bored, and you care about the people you represent and know, have you offered to go grocery shopping for any of them? Have you offered to take out their trash? Have you offered to take in their mail?
Listening to the complaining and griping of people about being bored while others are consumed with caring for their elders and still others are fretting about how their basic services will be handled just emphasizes to us how out of touch these faux elitists are.]
Eileen: are we doing anything about visitors? Marion: we’re allowing visitors. Harvey: I don’t think we can restrict people coming to your house. Marion: we have vendors, landscapers, cleaning company. Harvey: vendors are updated. We can let the vendor know. [Editor’s note: know what?] Harvey: Majestic Isles, he should be quarantined. [Editor’s note: this news site wholeheartedly agrees.] Eileen: yesterday, there were 3,080 test kits, 3,000 on the waiting list in West Palm Beach. Harvey: there were mistakes made, but we won’t go into politics. [Editor’s note: if Harvey said this on the HOA Message Board, since politics is verboten, and this clearly was a political commentary, would that comment be taken down and would he be issued a demerit?] Marion: thank you, Jeff. [Board claps.] Jerry: the other day, Angel Wing, there were about seven dog walkers standing very close together. We can send out an email that behavior such as this is detrimental to the health of the community.
Jeff: we went to the beach with two other couples…we took separate cars, trying to be careful.
Alan: streaming for the election, we need the details. Deborah: you have to have three per candidate, so twelve counters, staff, board members…. [discussion about the set up]…
Harvey: when the Board meets to elect the officers, we can shut the stream off, because that’s private.
[Editor’s note: heaven forbid the community was let in on that. Who is going to be the President? What “Weil-ing” and Dealing will be going on?]
Jerry: election night is a residents’ meeting, not a Board meeting. Other than the election, the annual residents’ meeting is being postponed until further notice. Marion: that’s reasonable.
[Editor’s note: was there a board vote on that? We sure didn’t hear one today.Just don’t forget about us residents until the 2021 annual residents’ meeting. It sounds as if Jerry was making a motion to suspend the annual residents’ meeting until further notice and Marion was Seconding the motion, but there was no vote. Marion’s statement of “that’s reasonable” was her stamp of approval and her unilateral decree on the matter. Other than that, she ran a very good meeting.]
Harvey: move to adjourn. Eileen: second.
Alan: Marion will work out the details of the Agenda.
[Editor’s note: Alan, there you go again; we have repeatedly reminded you that one board member does not set the Agenda; that is not part of the job functions of the President or any other officer. Each board member has a right to contribute to the Agenda and its details. How many times do we have to point out our own governing documents to you? See pages 3-9 and 3-10, Section VIII, OFFICERS AND THEIR DUTIES, Section G, Duties, 1. President: preside over BOD meetings, see that orders and resolutions are carried out, sign legal documents and promissory notes. That’s it. When you cede more powers than are enumerated in our governing documents, you cede your vote and the community vote as well, since the community vested in you the power to have one vote of seven.]
Marion: adjourned, 12:13pm.
[Editor’s concluding comments: And so concludes the board meeting of March 18, 2020.]