Our Village

Absent from the meeting were President Chapa and VP Pelletier. From the “suggestion box”, lot 155 had a problem with security over the supposed thievery put upon three properties that our GM corrected via the sheriff’s report to have been only a cushion and cooler being taken off a boat? Lot 56 wanted to see five by seven index cards made available to those using the bulletin board which promptly got an answer that the Park will not provide such. Lot 384 wanted security to enforce the rule of not parking your vehicle partly on the street.
On “Director’s speaking”, Director Ramirez touched on the never ending problem with children driving golf carts. Director Gunderson first spoke about the Dec. 7th Trash and Treasure noting that the proceeds will go towards common ground beautification that needs input from owners and later said there was a meet and greet party May 25th. Director McBride said the Hurricane Manual is done but needs Board approval. Director Vasquez wanted verification of meetings during the holiday months of Nov. and Dec. Director Steffensen wanted it recognized that security caught five vehicles trying to enter the Park with invalid passes. “Comments from the audience” started with lot 828 asking when will the Village website be finished and the best answer was next week. Lot 356 talked of problems with people posting signs. “The Workshop” being now an open forum started with a warning to owners not to say a word. Agenda items started with Director Ramirez wanting the children driving golf carts topic. Director Gunderson had three topics, approval of Trash and Treasure dates and time, discuss approval for a presentation of a computerized system for the Grill, and fund approval for a license renewal. Director McBride topics are replace stop signs down the main drag with speed bumps, add letter lot street speed bumps, and get approval for the revised hurricane manual. Director Guerra subjects are weekend security reports, security cameras, and issues with Rentals. Director Vasquez wants to discuss getting a price proposal on leasing security cameras. Director Steffensen agenda items are the Village website, more clarification on wrist ban price polices, change Welcome Center exemption policy for car passes and processing fees.
We had a new supervisor from Securitas who ended the Workshop with her presentation on security protocol.
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After the Pledge of Allegiance, President Chapa started roll call but was interrupted by Director Gunderson saying she didn’t accept this Agenda due to two missing agenda items she requested at the Workshop. President Chapa responded by saying these items were in the Executive Session. Director Gunderson argued neither item requested belongs in Executive Session and President Chapa pointed out that these items were put in Executive Session because the Board needs to discuss them. Director Gunderson promptly said yes they do, but as agenda items. She asked Director Vasquez to repeat what agendas she had requested at the last Workshop. We heard the first item she requested at the Workshop was the missing “open Workshops” and the last was the missing “filling of the Director vacancy” that Director Gunderson requested just before leaving early from the Workshop. Director Vasquez said he didn’t know if it was an Agenda item or to be in Executive Session. Director Gunderson said she believed the filling of any Director’s position should not fall as a personnel issue for Executive Session but would accept Director Vasquez’s explanation as to why her last agenda request was not placed but would not agree to any explanation as to why her first “open Workshop” agenda was moved into Executive Session.
President Chapa said the “Workshop” needs to go into Executive Session and Director Gunderson said no, that is not correct. Director Gunderson said if you yourself President Chapa moved it from the column that I placed it in and put it in the Executive Session, then you need to explain your power to do that, because I believe you don’t have that kind of power and in fact we held this discussion before Mr. Chapa. I am quite upset. You are the president and not the supreme ruler of this board and when a Board member asks for something to be on the Agenda it needs to be on the Agenda. You could have called me and discussed why you feel this item should have belonged in Executive Session. I feel you could not have changed my mind, but you chose not to do that so I do not accept this Agenda.
Director Gunderson made a motion to have both items be put on the Agenda. President Chapa tried to argue but was advised that a motion was on the table and Director McBride seconded it. 
President Chapa moved for discussion of the motion.
Director McBride started by saying that after Director Gunderson left the Workshop, the filling of Patti Anne’s (Director) position was discussed. We (the Board) even discussed where to put it on the agenda, so saying you didn’t know if it should be on there is not true. Everybody knew that Director Gunderson asked for that to be put on the Agenda. Everybody heard the term she used and we all heard this. There was some discussion and some modification of the way she asked (the filling of the Director’s position), but nobody said anything about taking it off (the Agenda).
Director Gunderson began her discussion saying this (placement of agenda items) is important to me, but even more important than taking this away from me, you are taking it away from all those who voted for me that I represent. You would be saying that they don’t count and I don’t believe I am wrong with saying that.
Directors Guerra said I looked at the agenda the other day and saw what was moved and to me it was just being moved into other areas, so I didn’t see anything really wrong with it. I still think when you walked out and said you wanted that placed on the Agenda, I don’t recall it was going to be placed on the Agenda. I thought it was going to be placed in Executive Session as we did in the other instance, so I don’t see a problem with that.
Director Vasquez requested since she conceded the second item that Director Gunderson revise her motion to only include the first agenda item (Open Workshop). She agreed and it was seconded. Director Pelletier jumped in with a comment that he had five candidates to fill the vacant Director’s spot and these need to be discussed in Executive Session. Once again Director Gunderson said this item shouldn’t be in Executive Session but conceded to it.
Director Vasquez restated Director Gunther’s revised motion and said discussions have been made, if the President so deserves that the discussion shall end, we will now vote. 
Director Pelletier weighed in saying he felt the Workshop should be open to the owners and Director Guerra agreed only with the stipulation that the general population’s voice not be heard while the Workshop is in session.
Director Steffensen added that the closed Workshops have been most productive but saw no problem with them being open to owners just so long as there are no interruptions and then mentioned when the Workshops first began, the Directors only listed their agenda items without discussion which led to many of them at the Regular Meeting being tabled for the next month’s meeting.
Director Ramirez was in favor of closed Workshops.
Director Vasquez said I have said this before, a Workshop is not a meeting, and it is a Workshop for the Board. Number two, even if we were to have this open, I want you to listen to this very carefully, if we were to have it open and at any time any of the audience says a word, the President has the right to say this meeting is now adjourned and move it upstairs. All he has to hear is an “ah” and that’s it. I want you to understand that because the Workshop is for the Board. If any of you have special training then you can come up to the President and say I want to train the Board on a certain activity. I see some of you nodding your heads but a Workshop is not a meeting. If you find somewhere that a Workshop is a meeting, bring it to my attention.
Director Gunderson’s motion  to have an Open Workshop as an agenda item passed. It will be brought up as new business later.
President Chapa passed his President position over to VP Pelletier in order to make a motion that the attorney who is coming in at 10:30 gives her orientation to the Board in an open session and from there the Board will move into Executive Session for additional matters. Motion was approved.
Roll Call had all Board members present.
The President’s remarks gave an update on Dick Lothe’s health, which we found out was good and that the Park invested $105 for 100 sympathy cards.
Manager’s Report had 89 work orders, a new treadmill on its way, and one of the two bicycles has been repaired. The rest was miscellaneous except the dredging update which we learn the application is out to the public, we are still waiting on the letter from Mr. Freeland, we are in the process obtaining a liability rider through our insurance company, and we will have a stick depth redo of the canals.
The Minutes were approved.
The Treasury Report seemed normal. Director Vasquez asked is it not a normal procedure that the insurance agent addresses the Board as to why things are changing. LIV’s insurance has increased $14,679 this year. I think the answer was yes. Your own bank may do an automatic bill pay using your lot number instead of an account number.
Committees
D and E (Gunderson) talked about the summer and winter events too numerous to list.
Pool (Steffensen) said pool bands will be available May 14 and with a motion that passed the renters and guest will now pay $5 for each band. There was also a liability concern with serving alcohol in the pool area and a motion was tabled to hire an outside pool monitor instead of paying for extra security.
Safety (McBride) said the hurricane manual will be updated having new contact names and he is waiting for the new website to be finish in order to have the correct internet procedures.
Not much ado with the Building, Financial, Golf committees or the Bridge Board.
The Village attorney gave her presentation covering four frequent topics of condominium governance issues. They were the misunderstanding of laws governing condominium associations, the importance of meetings and following rules for meetings, rolls/powers of members vs. board vs. members of the board, and legal issues and attorney client privilege.
Recess to the Executive meeting.
I didn’t stay but found out later that a motion was passed to now have open Workshops and no one will fill the vacant director’s spot.
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Out of the “suggestion box” was lot 279 wanting to know if there was “automatic bill pay” available for monthly fees. Lot 409 complained the laundry facility was dirty. SC14 thought our park needed a water commissioner as an added Aramark employee. Lot 345 brought up rental activity is still being done by unlicensed people. Lot 558 wanted the restaurant’s full menu to be publicly posted. Lot 229 complained of flags not being flown on weekends. Lot 747 thought a closed “Workshop” was wrong. Lot 638 had a lengthy letter about closed “Workshop” meetings.
From the Directors we heard Director Gunderson agreeing with the owner of lot 638 in that “Workshops” should be open to the owners. Director Vasquez said people are confusing this issue, and then gave his reasons why “Workshops” are not a meeting at all opened to owners. Directors McBride and Pelletier seemed to agree with Director Gunderson while Directors Steffensen, Guerra, Chapa, and Ramirez seem to side with Vasquez.
From the owners in the audience the first owner Lot was not stated but said a dictatorship is the most efficient way to rule but we don’t have that here and you on the board should not be so afraid of owners by keeping your comments behind closed doors. This owner continued by saying the owners want your thinking on issues in order to decide whether to re-elect you or not, so show some backbone. Lot 768 first gave everyone a meeting history lesson and then said Workshops technically are not a meeting. She continued saying the open meeting act does not apply to our Association and that meetings would be longer without a Workshop. Lot 828 spoke about the restaurant financial report numbers being very questionable citing one thing after another. Director Vasquez did as he did the previous month when an owner had multiple financial questions, to leave him these questions and he will address them during the Regular meeting. Lot 145 on the Workshop issue said there is one word for this, transparency. Lot 806 said lots on East Oyster seem to be in violation of the water restriction and our Village rental office seems in violation of the real estate laws by not going through a Broker. She continued with concerns that Aramark was not following budget approved by the Board and questioned a yearend zero budget. Director Vasquez became unglued after thinking this owner came about information on the rental violation from an executive meeting. He said this is a violation if a member of the Board disclosed such info. After telling this owner she is no longer part of the Board, Director Vasquez saluted her on her service with the Board. Lot 356 asked if the Board has come to any ruling on a curb encroachment issue brought up two months ago. After some confusion the Board said it will be an agenda item for the next meeting.
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Are board members allowed to assemble outside the presence of unit owners in order to bring up association matters?
Yes!
And these gatherings are considered planning sessions commonly referred to as “workshops.” Our Board’s Workshop is supposed to be the same planning session where members are to decide what agenda items will be discussed and voted upon at the upcoming Regular Board Meeting. The open meetings provisions of the statutes which govern our association apply only if our board is “conducting board business.” This conducting of board business is viewed as being able to vote so board members cannot vote on matters at a workshop.
Since votes can only be taken at a called board meeting I would think this is the reason why Director Vasquez had surmised that Workshops are non-meetings and thus can be done within a closed session. After researching this I believe he is actually correct but only if the Workshop protocol is followed by our Board.
This protocol is that Workshops need to be carefully used as planning sessions and not a substitute for a discussion because board discussions belong in a called board meeting, so this is where the rub is. Our board president gloated that Directors spent two hours at last month’s Workshop going back and forth at each other arguing over agenda issues which as I see it disqualifies this as only a Workshop planning session.
The Board needs to be mindful of the political ramifications of holding these types of chinwag workshops because these technically become a meeting that should be open to owners. One might easily mischaracterize those who argue business within a closed assembly. They then might inaccurately assume that something nefarious is taking place behind those closed doors.
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It’s apparent our Board has drastically changed with the resignations of Directors Montalvo, Gagan, Kelmis and now Sandberg. It seems Director Sandberg finally relented after the majority on the board would not allow her the few over the phone meeting allowances she received in prior years. Why wouldn’t they? Was it due to her bulldog questioning of the Park’s financials and of Aramark? 
With that said it will now be interesting to see if Gene Rutland will be appointed to replace her. By his resume alone he is as equal if not more qualified than those serving on the Board today and this year he did received as many votes as the recently appointed Richard Ramirez.
Rutland’s appointment would be the proper thing for the Board to do but I wouldn’t hold your breath. The majority on this Board will probably view him as another persistent bulldog questioner they would not care to debate with even though owners voted for him so as to get his opposing views. Many in this Park believe these debates are a healthy thing for our Association. I would only hope that the Board looks at the substance he brings instead of his shorts.
At tomorrow’s Coffee it will be interesting to see if once again the Board makes the Workshop a closed session. You might recall newly elected Director Vasquez stunned owners with saying this is not your meeting and as noted in a previous article that this was apparently wrong to do so we will see if he gets it right this time.
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I find it a little confusing that after our Board decided to pay the big bucks to install this saline pool/spa system they now want to shop for bids on pool chemicals. Why?
About 90% of the chemical expense was for these three inch chlorine tabs that they no longer need due to the new system. The chemical expense now is just a few bags of salt per year and beyond that they’ll need an insignificant amount of chemicals to balance the water. So why is this bid stuff even an issue?
Am I missing something here?
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After Bud Sherry recited the Pledge of Allegiance our Board accepted Board Kelmis’ resignation and replaced him with this year’s unelected candidate Richard Ramirez. Next the Board let Carlos Galvan Jr. from the Water District give highlights about area water restrictions. This eventually evolved in a Q&A with our management and owners. Our GM gave a convincing power point presentation answering the nine questions brought up by the owner from lot 638 at last week’s Coffee Meeting.
The lot 145 owner was limited to three minutes in talking his disapproval about last week’s Workshop being closed to the public. He received no initial response from the Board. Director Gunderson did bring this up at the end of the meeting citing on the side of the owner.
The President seemed to indicate that dredging may be near.
The normal stuff was express by Management on their jobs for the month. Condo fee arrears for this month were $28,325, a $16,254 improvement from the previous month. Director Vasquez made it clear that owners who do not pay their assessment should be punished severely.
There were motions approved on the Organizational and February’s Minutes. This was the first time in over a year that the month of the Minutes was recognized.
In the Treasurer Report we heard that the pool chemicals are out for bids. $31K leftover from last year will now go into a separate bank fund towards our infrastructure needs. The first quarter update seemed to indicate our Village has not spent enough money ($32625) which later ($30500) was spent on five approved motions for three golf carts, tennis court fence repair, a new fence to hide letter lot eye sores, security gate lift masters, and a new Green Master to cut the golf course greens.
The Directors recently assigned to committees were Directors Gunderson to D and E, Steffensen to Pool, McBride to Safety, Pelletier to Building, Vasquez/Steffensen to Finances, and McBride to Golf. The Bridge Board Reported their Annual meeting will be April 6th at 9am. Two motions approved the same two people to fill the Bridge Board position vacancies.
In New Business the Board approved our GM to try to get from the Water District a lower water rate and a variance on when to water the Golf Course. They also passed a motion to spend $1999 on a treadmill. A motion was approved on a twelve month Board Meeting schedule, after which VP Pelletier questioned a one month reprieve (August). The consensus with Director Vasquez expressing most adamantly that this Board was elected to serve twelve months Director Vasquez’s sympathy card for deceased owners was tabled until a true cost could be ascertained.
On “Other” items, there was a push by Director Gunderson to replace the Village Newsletter by posting its info onto the new LIV website. Her reasoning was that the info would come sooner to the owners.
The Board went into an Executive Meeting to cover nine items. Attorney orientation, employees using amenities, Manager’s office, Security expectations, Security passes, Obama-care healthcare letter to Aramark, Manager’s job description, Manager’s evaluation/time period, and Manager’s usage of credit card.
End
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