CascadeLakesResidents.com

Posted June 4, 2020. Your Editor provides the following synopsis of the June 3, 2020 Board meeting, with assistance from your Roving Reporter, and with commentary indicated in bold blue brackets.

Board Meeting:  Audio and Video Up and Running; Zoom meeting online.

Board Members Present:  All:  Marion Weil (President), Mark Goodman (VP), Richard Greene (Treasurer), Linda Arbeit (Secretary), Harvey Ginsberg, Eileen Olitsky, and Sue Schmer.

Call to Order:  Marion Weil.

Pledge of Allegiance led by Sue Schmer.   

[Editor’s note:  Somebody’s been reading our synopses and commentaries about the need to stand for the pledge of allegiance per 4 U.S. Code Section 4.]

Sue:  I would appreciate anyone who is physically able to and who can hear me to stand as I recite the pledge.

[Editor’s note:  all other board members stood for the very first time at a Zoom meeting.  We thank Sue for her great leadership in providing this much-needed respect to our flag by the other board members.]

Harvey:  Everyone has pants on.

[Editor’s note:  score one for Harvey for an awesome and witty comment.]

[Editor’s additional note:  we note that Harvey sat forward during the entire meeting which exuded professionalism and clarity with his audio.  Somebody else has been reading our synopses and commentaries.  Score two for Harvey.]

Marion Weil’s Opening Remarks: 

[Editor’s note:  When we sent out our email blast requesting nominations for the June 2020 Resident of the Month, which we did on May 17, 2020, the President of this HOA, Marion Weil, requested that her email address be removed from our email database, which we of course obliged.  To date, we have only sent out email blasts to inform about the synopses of Board meetings and to announce information related to the Resident of the Month.  In fact, the News and Announcements that we post on the news site are posted without fanfare, and we leave it to the readers to check the site daily or as often as they wish for updates. 

This, however, is the third recent example of the HOA’s president ghosting us, we who are equal members of this HOA, and this news site.  The first of the two most recent times was when we asked for her opening remarks and comments for the benefit of the entire HOA membership in connection with the April 16, 2020 synopsis and the second time was in connection with the May 6, 2020 synopsis. In addition, the HOA president made a somewhat snide reference to us and this news site in the January 2020 News & Views.

Ergo, we move on to the next section, but we will comment on one thing that has become apparent to us:  This is not a slap in the face to your Editor or your Roving Reporter or to this news site; rather, it is a slap in the face to YOU, the entire HOA community, all of you who read these synopses and commentaries for information and analysis, and who regularly read and rely on this news site for updates regarding the community, and whom Marion represents. 

And just for the record, per our diagnostic statistics, there are many, many hundreds and hundreds of you who read and rely on these synopses which we prepare laboriously every time there is a board meeting.  We endeavor not to disappoint, and based on your feedback, there is a craving for more, and we are happy to oblige.  In that regard, thank you to the members who implored us to run for the Board next year, thank you to the members who beseeched us to keep reporting the truth, and thank you to the members who have provided and who continue to provide intel, including all the confidential informants among you. 

Our comments in this regard also apply to anyone and everyone else in this community in a leadership position and their minions, the latter of whom repeatedly nod to them in ovine agreement.  Not one of these gossipmongers who cackle behind the scenes has ever once challenged any of the facts or statements made on this news site; that is because all of the facts stated are true.  We welcome any challenge to any factual statement made on this news site.  To date we have received not one challenge and we know of no efforts to correct any of the inequities and malfeasance that we have reported on accurately. 

For those of you interested, we have already created a 2021 BOD Election page and we have already posted our first entry, a May 7, 2020 email from the Chairman of the Entertainment Committee/president of the pickleball club, Diane Fiorillo Green, wherein she, on behalf of the entire pickleball leadership team, called out the entire Board, except for Susan Schmer, and also directly called President Marion Weil a liar.  Diane also earned a berth on our Calling Out Bullies page for other behavior unbecoming of a true leader or even a decent neighbor. 

We don’t make this stuff up, folks; it practically writes itself.  In any event, Marion Weil, the current president of the HOA, has decided that she no longer wishes to be informed via this news site about matters directly relevant to her “leadership.”  Conclude from that what you will.  Without further ado, we continue with our report.]

First Residents’ Input Session:

Jeff Green [HOA member and Zoom operator extraordinaire]:  We never anticipated the maximum amount of people with Zoom.  People are having trouble getting on. We’re at our max.  There is nothing we can do at this moment.

[Editor’s note:  the maximum for the current Zoom subscription purchased by the HOA is 100; however, no one could have anticipated this, and this is the first Zoom meeting where there were more than 100 residents who attempted to access the meeting, so we assign no fault to anyone over this issue; per our report below, the HOA will purchase the higher level Zoom subscription which will allow a maximum of 300 individuals to join the meeting for future board meetings.  Separately, no one wished to speak at the First Residents’ Input Session as to the individuals who were of the first and maximum 100 to join the Zoom meeting and who did have access to the meeting.]

Marion:  Ron, anything you want to say?

Ron Capitena: [Property Manager Deborah Balka’s immediate boss at FirstResidential]: no, nothing, if you want some input on what I’ve seen so far in certain places.  Pool, tennis courts, stuff.

Marion:  he is one of the directors of FirstResidential Services and he’s Deborah’s immediate boss.  Approval of Minutes, Linda.  Linda:  I make a motion to approve the Minutes from May 6.  Second:  Eileen.  Marion:  Unanimous.

Property Manager’s Report:  Deborah Balka: Palm Beach Broward [landscaping company] are mowing four times this month: [June] 3-4, 10-11, 18-19, and 25-26.  Trim crew is on Angel Wing and will do Corbel next week.  Tree trim – Military Trail began on Monday, will continue in the common area, and then into the community.  No work orders will be accepted for hardwood or palm trimming at this time.  Helix testing Thursday, June 11, 8am-6pm.  The Sports Center and pool will be closed.  We will send an email prior to this date.  We are in the process of contacting residents.  The pool wall repair over the waterfall – it has begun to peel again; RCI is coming out Thursday, June 11th and they will repair and paint the interior and exterior walls of the waterfall and the men’s restroom baseboard need repaint.  The total cost is less than $850.

Treasurer’s Report:  Richard Greene: it’s on the bottom of the agenda. [Editor’s note: it was part of the email to all residents which gave notice of the board meeting and is self-explanatory.] Richard: we got rid of the social director; the expense was reallocated to the treatment of tree disease and iguana control. Entertainment has a $3,000 loss.  Until the clubhouse reopens, we might end up with that at the end of the year. News & Views:  about a $1,000 profit but at the end of the year because of the pandemic advertisers might not be reviewing their contracts but we don’t know yet.

Mark: motion to approve the treasurer’s report. Harvey: second. Unanimous.

Deborah:  I am getting a lot of calls at the front desk; people can’t get on.  Jeff Green: we have the Pro Plan, which is one host, 100 party.  The next plan up is 10 hosts and up to 300 participants.  I can upgrade that on another device and do that now. [Editor’s note: that didn’t work for this meeting, but again, no one’s fault for not being clairvoyant.]

Old Business:

1.Shed up-date – Mark Goodman. Mark: We finally got our permit for the shed, hallelujah. With the pandemic, the number of participants building the shed was not or partly operational. Finally, as of June 1 they’re back in business and can begin to manufacture our shed in their warehouse. As of the week of June 22 all installations will begin – fencing, dumpsters.  June 29 the actual excavation starts. At the 3 handicap parking spaces. Includes the footings, slabs, and electrical will begin. The week of July 6, more electrical work underneath the slab and inspections will begin from the county. The week of July 13, any additional slab will be poured.  The rest of the delivery for the shed will probably begin the last week of July or the first week of August. It will take a couple of weeks for everything to be constructed and completed. In about two weeks the parking lot will start – you will see some excavation. This was planned seven years ago. Finally, it’s beginning. [Editor’s note: see our comments on the Shed page elsewhere on this news site for our insight on spending $130,000 for a shed.]

Eileen:  How will that affect entry into the Sports Center?  Do the sidewalks remain, up the ramp  Deborah: They will have entrance – may have to go by the steps; I won’t know until the project manager explains it to me …after June 11 the old handicap spaces will be taken out.  Mark:  we’ll have additional parking spaces at a future time. [Editor’s note: we will? Where?] Harvey:  Do we have to bring a pod in? Deborah:  he felt it was not necessary.He could move from the existing shed right into the new one. We may still need it, but didn’t want to order it now.  Mark:  It’s going in the three handicap spots. 

[Editor’s note:  just so we understand, you are removing three handicap spots out of a senior community where likely many or perhaps most of the residents have or will have some sort of a handicap and there is no replacement handicap spaces?  How is that helpful to the residents of the community?]

Marion:  it’s not a shed; it’s a building. 

[Editor’s note: can you say “sugarcoating?” And wasn’t it Shakespeare who wrote:

“What's in a name? That which we call a rose
  By any other name would smell as sweet;”

Why, yes it was, in Romeo and Juliet, Act II, Scene II, spoken by Juliet.

The reason they called it a shed was so that it would be considered a “replacement” so that no community vote would be required, because $130,000 is way beyond the Board’s authority.  See our discussion on our designated Shed sub-page under the HOA Issues page.]

Mark:  The County doesn’t want us to call it a shed.  Sue:  do you have an end date?  I don’t know what’s specified in the contract.  Mark:  hoping for the middle of August.

2.Mailbox up-date – Mark Goodman.  Mark:  Knowing from previous meetings last year what the cost of mailboxes are, to have another assessment almost seems a waste of money.  I asked APC to see if they were willing to give us a cost of uprooting a mailbox – Corbel Lake Road – [sic] with permission from the owner; they said they would do it for free [Editor’s note: and the lucky winner on Corbel Lake Way is: ?] and then give us a price to get everyone who needed to be upright - $75. You can get a mailbox for $20 and under.  It didn’t seem too bad.  Over 20 would be $60. Looked terrific. 

We contacted South Florida Mailbox – they said to upright all mailboxes that need to be put up straight - $35, so would be $70. [Editor’s note: we’re not getting this new math.] We don’t have to buy new poles.  And we asked them – metallic numbers for the mailboxes; they said the mailboxes facing front $7.00 for new metallic reflective numbers. Most are double-sided - $10.  So, $45 per mailbox. The mailbox that the residents own we’re gonna leave alone at this time.  Down the road, if you decide on a color, we’ll come up with a price. I’m asking the Facilities Committee to get together, a Zoom meeting, the liaison is Eileen, the head of Facilities and go around and put a list together – how many mailboxes need to be fixed where they’re standing correctly.  Southern Florida Mailboxes – if they needed welding, $135 – more reasonable than new poles and the mailboxes which were around $330 each.

Harvey:  what about the donuts at the bottom?  Deborah:  a post shield - $10 a piece; Alex will do that after it’s been aligned. Harvey: Facilities needs a definite number of posts that need to be repaired and then vote. Deborah:  pod by pod. Eileen: Some mailboxes are in pretty bad shape.  At that point we ask the resident to replace the mailbox. Deborah: $35 to install if 10 or more at the time. Harvey: Home Depot or Lowe’s - $20-$25. 

Eileen: upon repair, then Facilties would need to notify them.  Strategy?  Deborah:  we could send a violation prior to that – held off, not knowing if replacing. Mark: Eileen as liaison – come up with a plan. Marion: next year? Because it’s not in the budget. Richard Greene:  we’ll have to see what happens with repair and maintenance. We do have a miscellaneous amount in repair and maintenance. Can we do 100 in one year? Why don’t we get an estimate of what the total cost will be and then we’ll match it to what we have in the budget. 

Deborah: Eileen, I’ll work with you on that regarding the letters and the violations.  Richard:  we have to see what the total cost is, see what you want to do for 2020 against what you want to do for 2021. Sue: you have to get the number of poles you need to repair before you cost it out. Go with Facilities pod by pod by pod. Linda: I understand we want to keep costs low. But is this what the residents want? I was under the impression that they wanted a more luxurious mailbox. 

[Editor’s note: No, that was just Diane Green who wanted its fanciness to mirror the look of what was inside her house based on her statement that she spent so much money on the inside of her house.  She posted this statement on the HOA message board on February 23, 2020.  She stated in pertinent part:

“Personally, I have spent a lot of money renovating my home and I do not wish to have a cheap $25 mailbox in front of my house. After all the cleaning and painting in the world, at the end of the day I still have a cheap mailbox…”

You are free to replace your mailbox, with ARB approval, with the most expensive mailbox you can find.  Expecting the rest of us to pay $330 each, which is what we were advised by the Board was each homeowner’s cost, is a bit “rich,” no pun intended.  And that particular mailbox presented by the Board was objected to by a homeowner who stated that it looked like a coffin.]

Harvey:  I think there are a certain percentage of residents who want brand new and other percent who don’t want to spend $300 a mailbox. We should take a poll and see how many. If the majority of people want to replace, then we have to put a vote. Marion: the survey through Long Term Planning Committee – most did not want to replace. Harvey: so, we already have the answer. Eileen:  you’re putting the cart before the horse. We need the amount per household. We need the number first and then we can revisit. Harvey: If you replace, you have to replace all of them.

[Editor’s note: no, see our many posts on this subject and our dedicated Mailbox page.] 

Richard:  historically, we never had a big cost for repairing mailboxes.  This is a great idea what Mark came up with.  But the expenses for repairing are very, very low. Sue:  the survey – 405 responses; 102 said it was very important, 55 said somewhat important, and 50 said it was moderately important.  The one thing not on there is “not at all.” 

[Editor’s note: thank you, Sue, for pointing out the complete and total flaw in that survey.  Without the critical question you just mentioned, the survey results are virtually meaningless. How one words a survey often determines the results, because sometimes people will choose the lesser of two evils when their real choice is not offered on the multiple-choice question. This rendered the survey fatally flawed and we thank Sue for recognizing this fatal flaw.]

Addendum:  A resident has reported that Sue stated that there were 450 responses to the survey, not 405 which was in the Editor’s notes.  We appreciate the correction.

Sue:  I was part of the committee and I take partial responsibility for that. That was an oversight.  The item is on the agenda just dealing with getting information. 

[Editor’s note: kudos to Sue for owning this oversight and for taking partial responsibility for it; it is refreshing because we have never heard a board member take such responsibility for an oversight or an error. By doing so, she learns from it and that’s leadership and also shows character.]

Deborah:  We’re talking about approximately $55 per mailbox post to be corrected, $10 for the cup, $10 for the numbers. Almost every home will need that. A few would need replacement posts, L-brackets would need welding, that would be $135. The mailbox would be expense to the homeowner.

[Editor’s note: the poles need to be fixed by the owner; the assumption that the poles are owned by the HOA is based on a made-up statement because the governing documents are in fact silent on the issue. Poles are part of the mailboxes when a pole is needed for the mailbox. You don’t need a pole if the mailbox is attached to the house. You don’t need a pole if the mailbox is a slot in the door or wall of a house. You do need a pole if the mailbox is free-standing, and that is why it is considered one unit. 

What we wrote last year and what is on this news site under the dedicated Mailbox page under the HOA Issues page is worthy of reprint here: 

Anyone is free to upgrade or change his or her mailbox subject to ARB approval.  Mailboxes are strictly determined by the individual homeowner with approval of the ARB.  The community may not force an individual owner to pay for a designated mailbox, period.  There is to be no BOD or community vote on this matter as proven below, quoting the HOA's governing documents.  Mailboxes are specifically referenced in the HOA's Declaration of Conditions, Covenants, Easements and Restrictions on file with the State of Florida; at page 1-18, it states: “Section O. Mailboxes.  No mailboxes or similar improvement shall be installed on any Unit or Lot unless the location thereof has been approved by the ARB and the materials therefore [sic] and color thereof have been approved by the ARB and are in accordance with such standards for materials and colors as may be adopted by the ARB.”  This necessarily means that an individual homeowner may apply to the ARB, the architectural review board of our HOA, for a specific and unique mailbox, and there is, in fact, no requirement that all mailboxes be uniform. Furthermore, under the HOA's Rules and Regulations, page 4-8, under B. General Rules, Number 8, it states: “Mailboxes and numbers are the property of the individual homeowners.  The homeowner is responsible for maintenance and/or replacement in accordance with the standards established by the property manager.  New mailboxes must be in accordance with standards established by the Board of Directors.”  Thus, again, there is no requirement that all mailboxes be uniform.  And to the extent the Rules and Regulations are in conflict with the Declaration on file with the State of Florida, the Declaration controls and the Rules and Regs must bow to the Declaration. Therefore, it is actually improper for the Board of Directors to vote or for there to be a community vote on changing mailboxes en masse because the HOA does not own the mailboxes and no resident has the right to vote on issues concerning another resident’s mailbox. So, if a mailbox looks like crap, the HOA has a right to proceed under its Rules and Regs, Section E., Violation Guidelines, at pages 4-16 to 4-17, but that’s it. If you don’t like your mailbox, simply submit your proposed new mailbox design to the ARB.  The ARB will either approve it or disapprove it.  The actual ARB process is a matter for a different discussion.]

Ron Capitena:  question – was there a special assessment for mailboxes? Marion: no, we did not. Richard: [regarding the recent special assessment] - one, replacement reserve, two, Lakes. Ron Capitena: no language to replace the mailboxes. I just want to make sure you guys are covered legally.

[Editor’s note: Really? The guy who improperly and illegally threw out a valid question to a candidate at Meet the Candidates Night is now our resident legal expert and is here to make sure the Board is covered legally? We wrote about his poor attempt to practice law on our BOD 2020 Election page on March 11, 2020, and we reprint it here for ease of reference:

March 11, 2020:

Addendum to Meet the Candidates Night Report:

This addendum is filed by your roving reporter, Arthur Andelson.

In addition to the below infirmities of the Meet the Candidates night, there was a further flaw in the manner in which the administrator conducted the event.

A resident had a question about term limits. The administrator refused to read it and stated that Florida statute does not enforce term limits and therefore it is a moot point. (He actually said “mute” point, but he meant moot point.) The Florida statute imposing term limits refers to condominiums and specifically does not include HOAs, so that statement was correct.

However, there is nothing that prohibits an HOA from instituting term limits in its own governing documents. In fact, an HOA is fully free to do so. Therefore, the administrator’s unilateral decision to throw out a resident’s valid question was wholly inappropriate, and by doing so, it changed the round robin from that point forward so that questions were asked of candidates who otherwise would have received different questions in the order in which it was presented. This effectively changed the dynamic of this already flawed process.

The question itself was a window into community concerns about any individual repeatedly possessing controlling power over the community for years on end.  The longer any individual remains in power, theoretically, the bolder that person may become in the manner in which they conduct themselves as a board member.  It is apparent that this has already happened and infected the whole purpose behind having seven independent voices.

Therefore, the administrator’s inappropriate dismissal of a valid question posed by a resident deprived the community of an important response on this critical issue.

It does, however, give us the opportunity to publicly suggest that our governing documents be amended to include term limits going forward.  This process, contrary to what Board President Marion Weil declared with respect to a question posed by Elliot Graff at a previous board meeting about the 80/20 rule of permitting younger residents to buy homes in Cascade Lakes, is not a big process to accomplish.  In fact, a simple amendment to the governing documents on one page would suffice, with that one page being filed with the state of Florida to be part of our official documents.  So, in fact, Marion’s shutting down of Elliot in this example was a way for her to shut down any further discussion about that issue. This actually proves the resident’s point in asking the term limit question.  One person is unilaterally deciding what will be discussed and what will not be discussed.  This is consistent with board member Alan Silver’s admission in an email that Marion has veto power of what goes on the Agenda, which is of course false.

There are two parts to this issue.  Term limits might apply to board members, and/or it might apply to officers.  There is a distinct difference.  For example, if it only applied to officers, it would mean that one person cannot continually be the President of the Board, or perhaps they would only be permitted to be President for one year of their two-year term and also cannot serve as President in consecutive terms.  There are variations on the theme that could be discussed.

In conclusion, shutting out residents’ questions or suggestions on valid issues that directly affect the community is unfair to the owners and antithetical to a democratic process.

Ron Capitena is hardly the person to be reassuring the Board or anyone that they are covered legally.]

Eileen:  I’d like to add to the Agenda regarding a task force committee for future openings of the facilities – to put on the Agenda for a vote.  Marion: technically, we need 48 hours’ notice.

[Editor’s note: that never stopped you before, Marion.  See our synopsis and commentary from the February 5, 2020 board meeting, from whence we quoteth:

“Marion:  add to agenda, number 6:  umbrellas, number 7:  chest press machine.”]

Marion:  But we have emergency powers. 

[Editor’s note: This is Marion’s fallback position to avoid following the rules; we discussed this previously concerning abusing what the statute actually says in our last synopsis and commentary of the May 6, 2020 board meeting.  We repost that here for ease of reference:

The false argument that all rules can be suspended under the so-called emergency powers is just that:  false.  Also, this is not a license to abuse what the emergency statute, Florida Statute 720.316, actually allows.  The emergency rule states in pertinent part that the Board:

…may exercise the following powers:

(a) Conduct board or membership meetings after notice of the meetings and board decisions is provided in as practicable a manner as possible, including via publication, radio, United States mail, the Internet, public service announcements, conspicuous posting on the association property, or any other means the board deems appropriate under the circumstances…

Therefore, it is clear that the statute does not grant a license to suspend all rules for a declared emergency, especially one which has nothing to do with the suspension of the rule contemplated in this case.]

Eileen:  I did speak with another board member who thought it was a good idea, because the board meetings are so erratic to put it on.

[Editor’s note: Why? There is no valid excuse for board meetings to be erratic. The virus/faux emergency claim is a pretext. If Board meetings are suddenly erratic, that falls on the president, who has as one of her very limited functions the job of presiding over Board meetings. It’s actually easier to just give everyone 48 hours email notice and do a Zoom meeting in your pajamas than to have everyone schlep to the clubhouse and have to put on their Sunday finest, their wigs, and their bras. Your Editor, for one, has never been so comfortable at a board meeting as she has been at her own dining room table for these Zoom meetings. Ladies, just snap on a black binder clip at the top of your computer over the camera at the top center and you’re good to go.

Now back to this new Agenda item: it is clear that this item was sought to be added to the Agenda to appease the vocal Board-slammers who put on a full court press to make sure that the Board knew how enraged they were, and that the Board better do what is demanded lest they face defeat at the next election cycle. It is very peculiar that these vocal people remained silent throughout the last few days prior to the meeting and even more peculiar that they said nothing at the First Residents’ Input Session at this Board meeting.  That is likely because they knew that their bread would be buttered with this additional Agenda item and that they would then be part of the chosen few who would make the policies concerning the phased reopening of the amenities. 

We are not saying that this is either good or bad; we are just reporting the facts and our observations. What we are saying is that the community as a whole was not invited to participate in these proposed task forces. Instead of a sign-up sheet, which would have been the democratic thing to do, once again the elitists with the biggest mouths and/or their preferred access to certain board members control the narrative. Recall that they are also using the HOA’s website to send out club email blasts on their pet issues, such as when the pickleball club received a blast about the pool reopening issue, which has nothing to do with pickleball. As we have previously reported, all residents are created equal, except that some residents are more equal than others. George Orwell would be proud.] 

Marion:  New Business Item #6: organizing a task force for the purpose of reopening the amenities. Linda abstains, 5 are for it, Sue votes no, so it will be on the Agenda.

[Editor’s note: no such vote was taken at the aforementioned previous board meeting when Marion decided to add something to the Agenda; why are the rules different for other board members? Remember: all Board members are created equal. Marion’s limited functions as President are presiding over Board meetings, which should be done properly and consistently, and signing promissory notes and other documents. The function of the president is not to “wing it” which clearly results in different and inconsistent protocols for like issues, in this case, adding something to the Agenda while a Board meeting is in progress.]

3. Unanimous Consent (Helix testing, Sports Center & Employee):  Marion:  these are items we voted on without having a board meeting that need to be ratified.  On May 15, to offer antibody testing; ratification:  unanimous.  Sue:  When you are contacted, any questions regarding privacy issues, insurance, and if you test negative and then at some point you were exposed and want another, will it be covered.  Get all the information.  All the questions will be answered when they give you the appointment.  Eileen:  Medicare – if you were tested already, and want to be tested a second time, you need to call Medicare and your private insurance to make sure you will be covered.  Sue:  We’re testing for antibodies; it is not a COVID-19 test.  Harvey:  People who got tested at Genesis Health Center – that was under a grant, not insurance.  But if you come back and for the antigen then they send it….

Marion:  next unanimous consent: May 7, reopen the tennis and pickleball beginning on May 18, restricted to residents only, all in favor of ratifying: unanimous.

[Editor’s note: this is the same date, May 7, of Diane Green’s scathing letter to the Board threatening them come next election and calling Marion a liar: see our BOD 2021 Election page for the full text of that letter. Nothing like rewarding the bullies…]

Marion:  May 27, decision to allow a part time employee staff member to increase hours to full time. Deborah: I have all the signatures. Marion: all in favor of ratification: unanimous.

[Editor’s note: increasing an employee staff member from part time to full time is an emergency? I didn’t see that anywhere in the statute, which itself requires 48 hours’ notice to all HOA members in any event. 

Further, it appears that they took a part time person to full time in a closed session so that they can have that individual as a monitor for the pool which they did not vote on until this open board meeting, because it is New Business Item #1 on the Agenda. So, this means that the vote at this open board meeting to reopen the pool was a fait accompli beforehand because they already approved the employee ahead of time, back on May 27th. Why didn’t they approve the employee at this open board meeting at the same time they voted to re-open the pool? This is a clear abuse of the ratification process because there was no emergency, since the pool re-opening vote did not occur until this open board meeting. So let’s say they voted not to re-open the pool. Would they then have to go back and cancel the ratification of the employee vote that took place on May 27th?]

New Business:

1.Re-opening the pool – Marion.  Marion:  Board members have spent an inordinate amount of time on webinars…the plan is consistent with other associations…it has the approval of Palm Beach County Emergency Order 20-007, Palm Beach County Health Department, and our attorneys.

[Editor’s note: there are those pesky attorneys again; for the actual order, which is in fact Order #2020-007, copy and paste the following into your search engine, but only after you have finished reading our fine synopsis and commentary:

http://discover.pbcgov.org/PDF/COVID19/PBC-EO-7.pdf

By the way, one way to enjoy a pool at your leisure and discretion is to install your own; that way you can take a dip or play water volleyball whenever your want to. There are a couple of homes in the community with their own inground pools; your Editor and Roving Reporter are contemplating adding to that small number of private pool owners. We will keep you apprised as to the status of that contemplated future amenity.

And now back to Marion.]

Marion:  Motion that we approve based on these best practices.  Second:  Sue.  Basic outline – residents and medical aides only, no guests allowed, outdoor pool June 8, no indoor pool – the fans have to run to prevent mold.  Pool capacity includes the deck area; limited to 20 residents per session. Palm Beach County Department of Health came on May 20th, a surprise inspection.  Reservations by phone, 48 hours in advance; the phone number will be given in an email blast.  Sunday, Monday, Tuesday must be made by the previous Friday.  Reservations Monday through Friday only.  One-hour sessions Monday to Sunday. Not open after hours, nor in the evening, and only for the times posted. There will be a monitor. Mass email with pool rules will be sent out after this board meeting. 

Sue: I want to thank the residents who shared information regarding openings in other communities. There is a process for decision making…Comments spending money for legal fees, webinars, run by the property managers and lawyers other than our own – every single one – 5 to 6 I attended, said consult with your attorney. One of our goals is to be fiscally responsible, to avoid liability problems in the future. When you see it, I think you will be happy. Sometimes we agree to do things but disagree with the time in which to do it. Harvey: These rules are not carved in stone. In Florida, we’re in Phase One…hopefully in a week or two we can relax these rules…

[Editor’s note:  Harvey spoke too rapidly to transcribe all of his comments; he made some very good comments overall.]

Mark: We now can be a lot more flexible. Hopefully we’ll be able to increase the one-hour rule.  Bathrooms will be opened. Richard: I was gonna say the same thing; it’s gonna be a constant changing thing. Harvey:  time between sessions – there’s an hour between sessions, to sanitize.  You can’t just dump a bucket of pool water on it. 

Marion: and we have to get the registrations for the next sessions. Call the question: all in favor of re-opening the pool based on the rules developed by the Board and other input: unanimous. It will be re-opened on June 8. 

Marion: I would like to apologize for something. We can’t get the upgrade for more people to attend for this meeting. We will do an upgrade up to 300.

[Editor’s note: There is really no need to apologize for this issue: no one is clairvoyant and there was never a previous session where more than about 85 people were online. The entire meeting is available on the HOA website and this synopsis is pretty thorough, so there is access to what was stated. If there is a resident who wished to speak at the Residents’ Input Sessions and could not do so because they could not access the meeting, we are happy to post their comments on this news site; rest assured, we get many, many hundreds of readers and it will most definitely be seen by a heck of a lot more than 100 Zoom participants. Per our statistics, the majority of the community accesses our synopses and commentaries.]

2. Doubles for Tennis and Pickle Ball – Harvey Ginsberg: Harvey:  people unable to see this live can go onto the website and review the recording.  Lee said it’s going very well; people are obeying the rules. He recommended to go to doubles on June 8th.  The original rules are still there; increase the time from 45 minutes to 75 minutes, and stagger the court times. It will go out as an email. As well, up to 60 people tennis and 40 pickleball.  7:30 to 12:15 tennis, 8 to 12:15 pickleball. Call 48 hours in advance…bring your own balls… Lee would not give lessons for the first week to monitor.  If things work out well, hopefully we can expand the hours…Second:  Eileen.

Eileen: No night play at this time.  Harvey:  Correct, because night play for pickleball was always a social thing. Richard: Effective June 8th?  Marion:  yes.  Mark:  bathroom, you must use their home facility. Sue: I want to thank Lee Sinett for the wonderful plan and for all you pickleball and tennis players, kudos to you; you really followed all the rules. You made the opening of the tennis courts for doubles possible. Harvey:  restrooms – because the monitors want to be able to keep track. Marion: you can’t go through the pool opening because it will be over the number of people allowed to be there and the clubhouse will be closed. Vote:  unanimous.

3. PBB Proposals ($6,378) and Future Proposals – Mark Goodman:  Mark:  proposal for Landon Circle area, trees, problem, the builder overbuilt, and didn’t think about the underground picking up the sidewalks.  We have to eliminate and remove three trees; what the county requires.  $850/tree for a total of $2,550 plus $595 install three silver buttonwood and verawood trees.  Six trees equals $3,570, plus 12 bags of mulch at $4 each is $48.  They have to install the bubbles - $35 equals $210; total cost $6,378.  We have a lot of trees and the same on Brooklawn picking up sidewalks. I’m asking for a vote, I recommend approval. Harvey: second. 

Richard: from the budget perspective, I would split it in half.  $3,570 use for tree replacement, and the balance charged to sidewalk repair.  We have $36,000 in sidewalk repair available to us.  Deborah:  we will still need repair or replacement of sidewalk once this is done.  Marion:  motion and second. Unanimous. Mark: including stump grinding.

Mark: I would suggest as well – I would have the Facilities liaison and the Landscaping liaison which happens to be me, and Richard involved and Long-Term Planning on this. We have quite a number of trees that are gonna have to be replaced.  Picking up sidewalks is a major cost. Plan this out over a number of years.  Zoom meeting to discuss and we’ll bring back a report.  Richard:  $54,000 sidewalk repairs; spent already $21,000, have $36,000 just for this year, but there’s a lot of work that has to be done. Mark: I would like to recommend from the Landscaping Committee anything under $3,000, flowers, so on, it’s in the budget, each minor proposal we don’t have to vote on every time. For example, $1,200 for sod or mulch is already in the budget.  They can just automatically do with Deborah anything under $3,000. Landscaping could get the proposals. 

Marion:  I disagree. I’d like residents to know what’s going on. 

[Editor’s note: Marion likes for residents to know what’s going on with flower purchases: that’s nice. We wish she would be more transparent with major issues which we have shown time and time again are decided in secret at her direction.] 

Marion: I’d like other suggestions. I would like us to have more input; it’s not the money – we trust them. Sue: I would like to see the contract, what they are responsible for. I don’t know what’s in their contract that they’re responsible for. I agree with Marion – you need full disclosures to the residents. Often decisions seem to be capricious because there’s not enough information. Harvey: I know Deborah has $1,000. Sue: is there anything $3,000 before the Board? To my recollection, there’s a certain amount of money the Board can spend in contracts and going under the one percent. There’s nothing that would prohibit the Board from doing it, but is it the right decision to make? Contracts, a certain amount would have to go to a community vote; you need bids.

Richard:  Contracts – the only contract is with land and irrigation.  Mark is talking about ongoing things, not a contract for.  Mark is talking about a proposal.  Eileen:  I am concerned about financial, but the information for us is important as well as for the community.  Once they get an explanation, it puts a reason for the expense.  Deborah:  in Connect, you have the ability to look at all the contracts.  Marion:  we’re gonna have to have a workshop on Connect, and on Budget 101.  Rich and I are going to be putting that together.

4. Committee Liaisons and Chairs – Marion Weil:  Marion:  the Board has chosen liaisons to which Committees they would like to be related to.  ARB: Shelly Andreas, Marion liaison.  Audit:  Richard Greene, Jeff D. Green, Chair [the Jeff Green who has been here longer].  Budget:  Richard Greene, Jeff F. Green Committee Chair [Zoom administrator Jeff Green].  CERTS: Harvey Ginsberg, Richard Levy Chair.  Caring Committee: Linda Arbeit, Nancy Rowe Chair.  Cinema:  Marion, Buddy Spahn Chair. COBRA [Coalition of Boynton West Residents Associations]:  Marion, Bruce Brodsky and Jon Nast Co-Chairs. Community Affairs:  Linda Arbeit, Mimi Spinner, Chair.  Community Information Technology:  Harvey, Mike Blackman Chair.  COPS [community observation patrol]: Mark Goodman, Abe Banke Chair.  Disaster Recovery:  Harvey, Mike Blackman.  With COVID-19 we can’t come to the clubhouse.  Engineering:  Richard Greene; Larry Jacobowitz, Chair.  Entertainment:  Eileen Olitsky, Diane Green Chair.  Facilities:  Eileen, Phyllis Hirsch, Chair.  Grievance:  Marion, Saul Roth, Chair.  Group Purchasing:  Sue Schmer, Irv Kenig Chair.  Insurance:  Mark Goodman, Les Bennis, Chair.  Lakes:  Mark; Barry Gordon, Chair.  Landscaping:  Mark, Shelly Andreas, Chair.  Legal Advisory: Eileen, Paul Friedlander, Chair. Library: Sue Schmer, Jane Pervay [phonetic], Chair. [upon information and belief, Jane Krive]. Long-Range Planning:  Sue Schmer, Sue Leonard, Chair.  News & Views:  Mark, Leslie Connell, Chair.  Painting:  Marion, Shelly Andreas, Chair. Recreation: Linda Arbeit, Jeff Green with Alan Chates, Co-Chairs.  Residents’ Art Gallery: Eileen, Nina Kuropatwa, Chair.  Rules & Regs:  Sue Schmer, Joyce Winston, Chair.  Safety & Security:  Harvey, Bob Bindler and Jon Nast Co-Chairs. Webmaster: Marion, Mike Blackman. The Y: Linda, Arnie Green. 

[Editor’s note: note for future reference that Marion names herself as webmaster. This note will come in handy during the Second Residents’ Input Session below.]

Deborah:  under painting: slash [/] roof cleaning? Marion: sure, everybody all right with that?  Sure. Harvey: Community Affairs – have we discussed? Marion: we discussed, by Expo online.  Sue Leonard and her committee are working on that.

[Editor’s note: the Chair is Mimi Spinner per the announcement above, so this is confusing. Why would Sue Leonard’s committee be working on that? Sue Leonard is the Chair of Long-Range Planning, not Community Affairs.] 

Marion:  Last time we didn’t want more than nine members to a committee.  Eileen:  for entertainment, it’s necessary to have more with the events.  Marion:  ok.  Eileen:  I will speak to Diane and find out what she thinks would be a good number.  Sue:  I think nine is a good number.  If you go lower, you limit the number of residents that can participate.  It depends on the nature of the committee. 

Ron Capitena: Good-bye. Do you need me? Mark Goodman: Absolutely not.

Richard Greene: I will speak with Jeff, get together generally the last week in June; sending out the request to each committee and each club to send us their budget request. Deborah: Shelly, Landscaping, Barry Gordon as co-Chair. Marion: ok. Sue: Irv Kenig, Group Purchasing, we had nine last year; it seemed to work out well. Question: whether or not you want a certain amount of new members. Last year, I think three. Marion: we did agree to three. Harvey: we should have an odd number on each committee, so they don’t have a tie.

[Editor’s note: that’s not an issue with the Entertainment Committee because Chair Diane Green and liaison Eileen Olitsky decided on the contracts themselves and presented them to the Board for approval last year; there was never any committee vote on them, as this news site confirmed with several sources on that committee, and much to the chagrin of certain members on that committee. That apparently doesn’t seem to bother the Board, however, and neither does Ms. Green’s trashing and criticizing and threatening the Board as we have pointed out both on this news site (see BOD 2021 Election page) and elsewhere.]

Mark: Long-Range Planning, it’s important to start getting together as soon as possible. Sue:  I agree. I’ve been in contact with Sue Leonard…it will be very difficult for the committee chairs and members how much they need to budget – that’s a consideration. Marion: several of the committees, we’re hoping there will be someone with a financing background. 

Eileen:  Budget 101 for the Board.  It would be very beneficial for the Chairs to be in on Budget 101.  Marion:  good idea, we’ll do that.  Richard:  might be difficult to get all the Chairs at one time.  Marion:  we can do it online.  Eileen:  some of the committees don’t need a budget – library, legal advisory, art gallery don’t need it.  Richard:  yes, a lot don’t need a budget.  Mark:  those that can’t attend – these meetings are recorded. 

Sue:  I had recommended at some point all committees establish rules for their operation.  Roberts Rules or any way.  People should know what is expected of them.  If you standardize them, it will work better.

5. APC – Bocce Court Pavers - $1680: Deborah: We’ve done a lot of paver work at the bocce court.  Liability issue – very unstable. We have one section left, have to remove roots. APC proposal – continue the pavers so it’s all solid all the way to the entrance. So you could walk flat and not trip. No more sod, no more dirt. This has been a work in progress. This is the last part of it. Marion: $1680 for labor and materials. Marion: motion. Second: female. Mark: it’s putting a lot of money in the bocce area. Deborah: I agree; that’s why we were doing it in pieces. This is the final piece so there are no liability issues. It’s an eyesore and it’s a liability because it’s a trip hazard because the ground is not solid.

[Editor’s note: It is interesting that there is such a concern for a trip hazard and liability as to the bocce court area in view of the fact that back on April 8, 2020 Arthur Andelson, our Roving Reporter, pointed out a similar trip hazard and liability issue at the tennis courts in a post on this news site, and had previously mentioned it to the Board back at the March 18, 2020 Board meeting, and even posted photos on this news site showing the hazard (see sub-page Awnings, Pavers, Fence under the HOA Issues page.  It is also a fact that many more people traverse the tennis court area than the bocce court area, and yet the tennis court area trip hazard and liability issue remain unattended. To date, no one has gotten back to Arthur concerning this trip hazard and liability issue.

For ease of reference but without reposting the five photos still posted on that aforementioned page, here is what was posted back on April 8, 2020:

“SHODDY WORKMANSHIP EQUALS SAFETY HAZARD:

Your Roving Reporter Has This Additional Information which concerns the entire area:

Report Filed By Arthur Andelson:

There were only 3 things needed to improve the common area between tennis courts 4 and 5:

1.  Pavers to increase the viewing area by going around the bleachers’ cement  slab as well as pavers for the walkway leading to the viewing area;

2.  A fence along the pavers walkway to avoid injuries due to the slope holding up the pavers; and

3.  An awning to shade the viewing area similar to the other awnings between other courts.

The BOD and Property Management struck out on all three.  Not one part of the job was completed competently or with any forethought or oversight.

Part 1:  The pavers in the viewing section were completed satisfactorily, however, the walkway pavers will not last very long and a “trip and fall” is waiting to happen. As mentioned before to the BOD and the Property Manager, there will be erosion and the outside bricks will begin to lift, sink, and wobble. There is only a half inch of cement under the dirt and that is already cracking and can be broken with a little pressure from a finger. The cement is already cracking and shifting at the top of the slope next to the pavers.  At least 3 pavers are already loose and wobbly.  This was brought to the attention of the BOD at the March 18, 2020 board meeting, at the Second Residents’ Input Session, which is reprinted here from the Synopsis and Commentary of that BOD meeting:

“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.]”

None of this was taken care of and the situation has now become a hazard as shown in the below photos, which show the dangerous condition left by the installers of both the pavers and the fence. 

Part 2:  If the fence were placed in lower and closer to the pavers as compared to the fence on the walkway between courts 2 and 3, the lower railing would assist in holding the pavers in place with additional cement underneath the railing and between the railing and the pavers.  Actually, the location where the loose pavers were noticed was caused by the manner in which the fence was put in the ground in the first place.  This shoddy installation should have been rejected as being subpar and the installer should have been required to re-do the job properly.

Today’s photos show the dangerous conditions, including wobbly pavers, shifting slope, and erosion, all of which would not be a serious safety issue had there been properly installed pavers and a properly installed fence, which I warned about and for which my warning clearly went unheeded.  This is a liability exposure and the more time that goes by, the more likely the HOA will have to pay to have this rectified instead of demanding that these jobs be completed properly by the vendors who were paid.

Part 3:  Concerning the awning, during the Board meeting of February 19, 2020, the board voted to have matching awnings with the other bleacher viewing areas and to use the same awning company.  So how can this job have been done incorrectly and why would the HOA be required to pay more? 

CONCLUSION:

In conclusion, with regard to all of these issues, it is incumbent upon the Board and the Property Manager to fix these problems now, before they will have to be fixed later at additional cost and before there is an accident which will cost this community a heck of a lot more once that lawsuit is filed.  The fact that the HOA and the Property Manager have been put on notice and failed to mitigate the dangerous condition means the HOA will be held liable.  This should not cost the HOA any additional money if all of it is fixed now, since the vendors are responsible if the Board acts quickly.  Those vendors should be licensed and bonded, so there is no reason that these issues should not be fixed by the vendors now, at no additional cost to the HOA.”

Editor’s further note: Therefore, it seems odd to us that there would be a concern about trip hazard and liability on one part of the common area but not as to another, more highly trafficked area. Where is the leadership?]

Harvey:  The bocce court is still closed. Can’t maintain social distancing. Marion: I’m assuming Phase Two. Richard: In the budget, we put in benches, $2,500 budget. Deborah: we didn’t do it.  Richard: money budgeted for that we could use for this. This is a safety issue.

[Editor’s note: And so are the loose pavers Arthur put the Board on notice of three months ago.]

Eileen:  It’s a small area, mostly on Sunday. We tabled it two months ago; my suggestion is to table it for another month. Rainy season, may be more damage. Linda: I disagree. We should do it now while no one is playing; it’s a hazard. Harvey: it’s still the same fiscal year. Put off the benches till the next fiscal year. Richard: if we don’t do it, will it be worse? Deborah: no, it’s a liability issue.

[Editor’s note: hey, Legal Advisory Committee, tell them that they’re admitting to notice of a hazardous condition, which will make the HOA’s position in a lawsuit much worse because now they can’t argue lack of knowledge. Oh, wait, there’s no one on that committee that was or is a seasoned litigator. Gee, that’s too bad…]

Marion: we should go ahead; it’s a muddy mess. If somebody falls and gets hurt, we could have a liability issue. It’s an accident waiting to happen.  

[Editor’s note: so is the area of pavers at the tennis courts Arthur pointed out to you almost three months ago for which you essentially gave him the brush off and then did nothing about and never followed up with him. Perhaps one of your colleagues who reads this news site will remind you. And since you paid them in full before reviewing their shoddy workmanship, good luck with getting them back to fix it. Instead, you’re rewarding them with another contract.]

Marion: call the question. All in favor of APC putting in paver installation for $1,680.  Mark: abstain. Eileen: abstain. Marion: the vote is 5-0-2. [Editor’s note: it passes.] 

6. Task Force – Eileen:  Valencia Kay – they have put in plans for Phase 2, 3, 4.  I was extremely impressed.  I would like to organize task forces for the future openings, including the Entertainment Committee.  The Fitness Center – Recreation Chair and liaison, with two other Board members, Phase 2 and 3.  The Clubhouse as well.  We should have some of the community involved – recommendations only.  After the 8th, we start working on plans for Phase 2, so it’s here and organized, same with Phase 3.  We’re reacting instead of being proactive.  Harvey:  task force for every or several?  Eileen:  task force for the fitness center, pool openings, and I’d like to add two Board members to each.  Marion:  Second the motion.  Richard:  residents involved also?  Eileen:  at this point, the Chair, but the Chair will bring members, their input.  Richard:  it’s important to get residents’ input.

Sue:  didn’t we vote on this about an hour ago? [Editor’s note: no, that was just to decide whether to add it to the Agenda, something Marion doesn’t require of her own Agenda add-ons.] More may not be better, just maybe more.  We have gotten residents’ input through various means.  We already have residents giving us feedback through various means.  The way to do this is through the committees.  I’m concerned about the selection process; people may look at it as exclusive, not inclusive.  Harvey:  there’s a lot of feedback on the Message Board, Cascade Lakes Facebook page; people are very vocal, epidemiologist, if we put together a task force, what we come up with will be more accepted.  Look for people who have expertise.

Mark:  great idea. I remember bringing this up back in March. We need all board members and that creates a meeting; get a couple of residents involved would be great. Eileen: If we have three board members, two plus liaison plus committee chair, this is a group coming in; a little more feedback going into the decision making process. Harvey: we should email each other like we did for liaisons, choose who we want. [Editor’s note:  and we’re officially eliminated.] 

Harvey: I have some ideas for pool and pickleball; I’d love to be involved. Eileen: we have selected our Chairs already. My proposal, as we walk out of here, we start working on plans for the future. I’m counting on the committee chairs to be spokespersons for now. Richard: what about having club presidents – pickleball, tennis?

Marion: I think the Recreation Chair can work with them. Richard: not necessarily. They’ve never worked before. Because recreation, when they sent their budget, they didn’t include everything for the clubs. People who are knowledgeable and much more active.

[Editor’s note: clubs are not part of the Board. Why are certain clubs contemplated for inclusion whereas most other clubs are not? According to the latest copy of News & Views, the April 2020 issue which came out in May, there are 27 clubs. Only two clubs are mentioned as potential participants. Why? And it is no coincidence that those are the two clubs that paid the HOA for awnings which the Board called “donations.” We raised our concerns about this quid pro quo activity, and here we are again with these two lobbying groups wielding excessive power over others. Once again, all HOA members are treated equal, except for most of you.

So if you want any influence in this community, the message being sent loudly and clearly is that you better form a club and make donations to the common area if you want to be heard. You need Board approval to create a club, so make sure you have a nice bank account set up beforehand and a list of potential donations that you are willing to make toward the common area. This will relieve the Board of its fiscal responsibility for its screw ups (see Awning page).

Also, if the Board were really operating in a democratic manner, they would simply have sign-up sheets for all residents who wish to participate. It would be nice to have different opinions so that all points of views can be represented.]

Eileen: leave the task force fluid for now. I’m proposing that it be made and plans start now.  The people -the Board can make the decision. Harvey: we all have some good ideas of who we want on the task force.  Richard:  how many will we have? First, how many, and then who. Linda: what about the management company? Does Deborah and Susan become part of the task force also? They know how to write things up? Eileen:  my overall purpose is to get started now. If it’s the clubhouse, absolutely management involved. My proposal is to establish task forces on planning for future openings. Marion: if you and Harvey want to get together and get that rolling, great. Second: Marion. Sue: abstain. 6-0-1. [motion passes.]

Deborah:  question on pool rules.  It’s a dedicated line only.  Can multiple reservations be made at the same time?  Example, I want every Monday, Wednesday, Friday at 10.  Marion:  I think for the first week we don’t. Deborah:  may have to be the first two weeks.  And June 11th the pool will be closed, and no reservations can come in for multiple times per day.  Can’t have two shifts in a day.  One session per resident.  Staff will have to fill from the wait list as needed.   Harvey: …realistically there’s never more than 40 people in the pool anyway.  Deborah:  there is no list; you call in for reservation.  We’ll have the sheet in front of us.  The gate attendant will check you off.  You need ID at the gate.  And no noodles.  What about noodles – exercise, stability, to move their feet? 

Marion:  we were told by the Health Department no noodles.  Deborah:  ok, we’ll leave it as no.  Harvey:  laminate and post?  Deborah:  yes, tomorrow we’ll go to Office Depot.  Linda:  doesn’t the chemical in the pool kill the virus?  Marion:  it’s debatable…Harvey:  restrooms- limit the number of people that go in at a time?  Deborah:  we will have a guard at the restroom entrance.  We’ll put tape on those they shouldn’t be going in. Eileen:  I think it’s highly unlikely we’re going to have a rush in. Harvey: don’t pee in the pool.

Second Residents’ Input Session:

1.Sylvia Hechtman: This is in no way to disparage the task force. When you were discussing Phase One, were you discussing Phase 2, 3, and 4 as well? There are guidelines; why weren’t Phases 2 through 4 included? This would have alleviated the task force. Number 2, mailboxes, has the Board considered revisiting the law - the mailboxes are owned by the residents and the association owns the pole? That legality has to be settled on first.

[Editor’s note: Bravo to Sylvia. As we have posted many times, there is nothing that we could find in the governing documents that grants ownership of the poles to the HOA. In fact, mailboxes come in many forms, as we have stated: free-standing, attached to the wall, mail slot. If the box requires a pole, then necessarily the pole and the mailbox go together as a unit, as the pole is an integral part of that particular mailbox model; in fact, when the Board was pushing the copper-toned ones, they also brought in the matching pole, because you can’t have that mailbox without it.

The entire premise upon which the Board is operating is faulty. The owners own the poles because they are an integral part of the mailbox and there is no governing document or rule that states that the HOA owns the poles. The fact that the item is placed on the community parkway does not change the character of the ownership. The Board has no authority to order poles or mailboxes for anyone.

As an aside, we want to recommend that Sylvia and Sue no longer reside together and one of them purchase another unit and lot so that Sylvia can also be on the Board.]

2. Hugo Bursztein:  If the indoor pool is out of commission how can you use the bathroom?  Marion:  you walk from the outdoor pool into the doorway to the indoor pool and then the bathroom. Deborah: single doors will be marked enter and exit.

3.Sylvia Schenkman: [audio is muted.]

4.Howie and Rosalie Feuer:  Rosalie: the pool, thank you for all your hard work with all the rules and regulations and it really sounds great and fair.  We are old residents, many years ago a security guard was hired during a busy time at the pool.  The security guard wound up quitting.  He could not take it anymore. He tried to enforce and got cursed by a member.  My question, you’ve laid out a terrific plan.  There’s always a couple of people who feel the rules don’t apply to them.  Should we be wearing masks while sitting on the pool deck?

Marion:  You can sit on the pool deck if you bring a chair; we are asking you wear masks when not in the pool.  We are hiring somebody.  The security guard I remember.  That guard was very confrontational.  There will be no confrontations and we’ll take action from there. 

Rosalie:  If you’re there for an hour, and nobody signed up, will we be allowed to extend?  Marion:  no, we have to have time in between.  If there’s room, you could possibly come back.  4pm is the last session.

5.Adam Singer:  A question about testing for antibodies.  How do we approve it so our insurance pays for it? Marion:  that’s between you and your medical insurer.  Sue:  you should ask when they call you to make the appointment.  This could be very, very costly.  Ask them.  It will be your decision. Adam: Second question. Those who feel that being out in the sun kills off the virus, it’s killed by UV light.  There are three forms.  UV – C kills it, not A & B.  Over 90% [of UV-C] is stopped from reaching the surface of the earth.  There was a study from our government – surface killing, but it has not been peer reviewed.

Addendum:

In response to our June 3, 2020 synopsis and commentary, Adam Singer wrote:

6.Randy & Stephen Sussman:  Stephen:  I couldn’t get into the meeting.  Marion:  It will be sent out via email right after this meeting.  Stephen:  if the reason we were shut out of the pool for insurance.  Marion:  no, nothing to do with insurance.  COVID-19.  Stephen:  my friend said that May 2nd the pools could be open.  So at this point, 20 people per hour in a community with 1,100 people.  What did you base 20 people on?  Marion:  The Health Department came, it was an impromptu visit, sat down with us, and gave us the rules.  There is no documentation.  I wrote down some notes when she came in to visit.

7.Judie:  As of today, the virus has spiked in Palm Beach County. Why are we relying on the good word of our residents? Why are we not asking for a test, temperature. Marion:  it’s private, there are HIPAA rules. We can’t ask for it. The rules for the pool, there is a disclaimer at the bottom. Judie: And today, the neighboring areas – rioting and marching, do we address that at all? It came into Delray, Boca, Lake Worth. Is there anything we have planned? Marion: they can’t come into the community. [Editor’s note: they need a guest pass.] We have guards out there. [Editor’s note: one guard against a mob and that doesn’t even address the open canals. Good luck; it may be time to put up your hurricane shutters and fortify your house, just like they’ve boarded up Fifth and Park Avenues in Manhattan.] Judie: We have no special plans? Marion: No, we call the police. [Editor’s note: see previous Editor’s note. Good luck; they’ll stop their baton and tear gas line of defense just to come over here. Sure, go with that.]

8.Phil Berman: Phil Berman, Landon Circle. Reservations for pickleball and tennis seem to be going very well and they publish a list on your webpage. Is there any possibility you can do the same thing for the pool? Marion: I don’t think so but we’ll try. Phil: I don’t see why not. You make a list, a spreadsheet. Marion: we’ll ask the webmaster. 

[Editor’s note: see above where Marion states that she is the webmaster, so this necessarily means that she will ask herself. Maybe she should contact Alan Silver, whom we believe set it up on the HOA website for the pickleball club and perhaps even the tennis club; you remember him, Marion, he’s the one you tried to bully off the Board back in April 2019 before we arrived, so sayeth the email in our possession from one of our confidential informants.] 

9.Sylvia Schenkman:  Jeff:  you need to hit the button. [still no audio] Jeff:  I don’t see her anymore.  Marion:  she’s calling my cell phone.  I’ll get with her later.

10.Joyce Winston:  Jeff:  Joyce Winston raised her hand but there is no audio or video.

Round Table Discussion: 

Sue:  My sister deserves an answer, the Board’s response. This is why I abstained. Second, mailboxes, I have thoroughly researched every legal argument for over a year. I will give her a full explanation on everything. [Editor’s note: please reread our points about the poles above in response to Sylvia’s comments as well as our prior post on the mailboxes.] Just because we live in the same house, she has no idea what I do on the Board nor should she.

Harvey: the orders were in May…we were not dragging our feet.

Eileen: The ordinance said you may open the pool, not you must open the pool…the CDC only requires minimum guidelines. We can make them stricter if we so choose.

[Editor’s note: you could also get voted out of office if the community so chooses.]

Richard:  I pass.

Deborah:  CDC is still saying 65 and over, stay home.

Linda:  nothing.

Mark: mailboxes – if we want to replace the poles, I put a letter together, we need one more approval, we can set up double mailboxes on poles. 

[Editor’s note: why shove your idea of beauty which may be another member’s idea of ugly down other members’ throats? Members have an absolute right to control the destiny of their mailboxes and the poles which are an integral part of this particular mailbox model. Mark, seriously, this pole dancing needs to stop.]

Mark: As of now, setting them straight, painting, I’m ok with.

Marion: I don’t have anything. [Editor’s note: truer words were never said.]

Mark: motion to close. Eileen: Second. Marion: Unanimous. Meeting closed at 3:24pm. Thank you, Jeff. 

[Editor’s note: Arthur’s Apple watch showed the time as 3:17pm; the computer on which your Editor was logged into the meeting also showed a time of 3:17pm when the meeting was closed.]

[Editor’s concluding comments:  And so concludes the board meeting of June 3, 2020; next Board meeting: presently unknown. Again, why is the virus being used as a pretext for not scheduling a regular board meeting? The Zoom app is working swimmingly, and once Jeff upgrades the system, it will allow up to 300 individuals to join the meeting, which should be more than sufficient to accommodate those who are interested, and if one wishes to speak at one of the Resident Input Sessions, then jump on early enough to secure a space. 

Others prefer not to sit through a multi-hour board meeting and instead rely on this news site’s synopses and commentaries which we always endeavor to post in a timely fashion.  For the true diehards among you, you can watch it on the HOA website where it is available for recording for about two weeks, after which it mysteriously disappears. Have no fear, though, we have it recorded for any HOA member who wishes to watch it. Cheerio until next time.]