Direct from Chef Josh –
Two for Tuesday tonight!
Direct from Chef Josh –
Two for Tuesday tonight!
Direct from Chef Josh –
Blackened swordfish and,shrimp Poké bowl. $15.99
As this Blog had previously posted – was there really a need to change the location of the community Workout / Equipment Room? Remember this a change to two Common Elements, i.e. the Club House and the Admin Building – which would require the Residences to Vote for the change or no change. There is nothing in the By-Laws which grants the Board the power to change, add, or take away Common Elements among the listed powers granted.
However, the Board’s presumptuous action has taken place, and now we have to, unfortunately, deal with it. Would it not have been more useful and economical to have left the buildings alone (which had been functioning fine) and rather spend our funds to replace the equipment (which I believe is original) with leased new equipment, which could be acquired with a maintenance and upgrade program?
The word is that the folks, who provide workout, yoga, etc. classes complained that they needed more space for their classes. Why not have more than one class to accommodate the participants? BTW – these folks do not pay for the space and are not vetted for insurance and licenses. The result – the Residents have now paid to upgrade the instructors’ facility. Why would the Board do this? Hmm.
The Board’s seizure of our community continues.
An Aquarina Voice’s responses are in bold and italic –
AQUARINA UPDATE
BY PATRICK POLLOCK
Volume 2 Number 6
August 2018
SPECIAL EDITION
Normally AQUARINA UPDATE is dedicated to publicizing life in our community, volunteer activities, construction plans, and special events. Today we will deviate from that normal protocol and we will address allegations and claims from a very small but vocal group of detractors. Up until now we have chosen to ignore the noise created through fabrications, misrepresentations and disregard for facts. Recent concerns and comments from many of our residents indicate a potential
chilling impact on our volunteers, community image and property values if we do not address the issue. The material in this edition comes directly from the material presented at the August Board Meeting.
Well, well, the spin has begun. A few items on this baseless introduction of harm to the Board and the Aquarina Community.
In today’s digital world, the Internet has become the new town square. It provides the means to communicate ideas and conduct conversations with expansive groups and at a greater velocity than ever before. It allows total anonymity and reduced accountability. These new degrees of freedom carry both benefits and risks. It forces us to make decisions about the content and intent. Is it a legitimate conversation? Is its purpose to educate and enlighten or to hurt or damage? Is it designed to bring people together or to polarize them? As you read through this material, keep these questions in mind and fact check.
BACKGROUND
A very small group of people has made more than 20 claims of illegal and/or criminal acts by the ACSA/AGI boards.
They have attempted through intimidation and threats, to force the resignation of members of the ACSA board. They have used fabrications, misrepresentations and alleged “statements” from disgruntled ex-employees to substantiate the claims. As we examine the claims you will note that AT BEST: they demonstrate a lack of understanding of Florida law and statues; they demonstrate a lack of understanding of our documents; and they demonstrate a disregard for facts. The material might well lead you to some other interpretation of the nature and motivation of the claims but we leave any such conclusions to you –
only you can make that judgment. We will leave you with two critical pieces of information: all of the assessments as to law are backed by both our Litigation Attorney and our General Council; and after reviewing the materials both attorneys agree that the claims of illegal or criminal activities are fallacious.
CLAIMS AGAINST ACSA and AGI Management
CLAIM 1 – The Board violated Florida’s Fraudulent Communications Act. Specifically, members of the ACSA Board participated in an active scheme to defraud certain lower income families by forcing the sale of their condos so they could buy them at under market values for themselves and/or their families. That this was done by controlling finances of ACSA and AGI without oversight, and restricting access to financial data. They report that a former employee alleges a number of statements were made confirming the intent to defraud. This claim is based on Two Fabrications. First, no board member or their families have bought, offered for, or considered buying in either of the sub communities cited in the claim.
Second, it is not possible for members of the Board to control both ACSA and AGI finances. There is a great deal of oversight. The ACSA and AGI financial processes are open and transparent with more than 45 people participating in the budget development. Seven committees with an average of 5 members per committee provide inputs to the two budgets. Those inputs are reviewed and negotiated by 2 independent finance committees. Once a draft AGI budget is formulated, inputs are integrated into the ACSA budget. That combined draft budget is then presented to, reviewed by and approved by ACSA’s Board during 3 public board meetings over two and a half months. After each meeting the current draft is posted for review by residents on the network.
CLAIM 2 – They claim that AGI financial records are subject to disclosure under FLORIDA STATUTE TITLE XL, CHAPTER 720 (HOA LAW) and have been withheld from both residents and certain board members. This CLAIM is based on Two Fabrications. First, AGI records are not subject to FLORIDA STATUTE TITLE XL, CHAPTER 720 (HOA law) disclosure requirements – it’s not a HOA. (We have a written legal opinion supporting this.)
Second, nonetheless the AGI budget is posted and AGI’s financial performance is reviewed at each ACSA board meeting. All ACSA official records are available to all members– they are posted on two websites and hard copy available for review by appointment. The only records withheld are AGI salaries & personnel records that are protected by privacy
law and therefore not disclosed.
CLAIM 3 – They claim that board members are guilty of falsifying permit documents to have work completed on the administration building … [thus] resulting work being stopped and costing the residents money. This statement consists of two fabrications. First, no documents were falsified. All of the required permits applications were completed and submitted. The permit was delayed and resubmitted because it had the mailing address instead of the street address. The builder started work without the permit in hand. The county issued a stop work order and he was fined. ACSA was not party to the builders decision or the subsequent fine. Second there was no cost to residents – it was the builder’s error and his fine not ours.
CALIM 4 – The board implemented a contract for $90,000 without community approval as required by our Bylaws; the moneys could have been used to offset AGI losses; and the moneys were spent illegally to make sure that additional funds would cost residents supplemental fees and possibly force lower income residents to sell continuing the scheme to defraud.
This is two fabrications and one misrepresentation. First, our by-laws only require community votes of approval for SPECIAL ASSESSMENTS and then only for two specific cases. There was no special assessment involved in this action therefore no community vote was required. The approximately $80,000 for the repairs to the Administration Building and Community Center were budgeted items in our 2018 reserves plans and were unanimously approved by the board.
Relocation of the exercise room along with the budgeted repairs were separately voted on a second time by the board and approved 6 – 1.
Second, they misrepresent that the reserve funds used for the Administration Building could be used to off-set AGI losses.
Florida law (720) refers to reserve funds as restricted funds because they must be separartely accounted for and held, and
cannot be used for HOA operational expenses like AGI costs. To use them for AGI losses would be a violation of the law.
Third, as noted in the answer to item 1 – there is not nor was there ever a conspiracy to defraud certain condo owners, such a conspiracy would require more than 45 Aquarina owners, the board, and seven committees to participate in the fraud.
CLAIM 5 – They claim the expenditures for repair of the Golf Maintenance Facility are illegal because our documents require a community vote. This is another fabrication as in CLAIM 4 above. No community vote was required. Partial funding for the GMF came from of a 2017 special assessment into the ACSA reserves for emergency repairs, safety, and environmental issues that resulted from chronic underfunding of reserves. Special assessments (SA) into the ACSA reserves necessitated by chronic underfunding are specifically exempted from a vote by our By-laws. The ACSA board unanimously approved the SA and the using ACSA reserves for the GMF repair.
CLAIM 6 – They claim that Pollock intimidated a former employee, specifically: Pollock did not like MAD’s fence but the employee advised him that it was required by law. The ex employee also advised that CBC was required to have a fence around the beach club. Pollock allegedly told employee “bring shit like that to me [again] and I will stomp you out.” Pollock also told the employee to stop talking to residents. The employee was subsequently fired and replaced. WOW! I’m not going to waste time with he said/she said. However, I will point of the following about the relationship with the employee:
. Approximately three months after the MAD fence construction, the employee was placed in a 90-day performance improvement program administered jointly by 1st Service’s Regional VP, his direct supervisor, Mr. Helmer and myself.
. While the Board’s performance review of the employee had identified numerous problems, three were singled out for correction: passive/aggressive behavior, not processing invoices in a timely and accurate manner, and spending too much time gossiping with residents.
. The performance improvement program failed; a month later 1st Services reassigned the employee and reimbursed
ACSA several hundred dollars for late fees that they deemed were caused by him.
CLAIM 7 – The ex-employee claims some ACSA board members held private meetings with Dan Winkler in violation of Florida’s Sunshine Law and the meetings were held without a board quorum present. The reality, the Florida Sunshine Law does not apply to HOAs. As to the private meetings – in the normal course of doing our jobs board members routinely meet with builders, county officials, lawyers, bankers, contractors, non-government agencies, etc. It’s part of the job. In general we try to have at least two members present in those meetings but it’s not required. Further, neither Florida 720 nor ACSA bylaws require that we have a quorum or a formal board meeting to hold discussions with 3rd parties. We’d never get anything done! That’s one fabrication and one misrepresentation.
CLAIM 8 – They claim that the ACSA budget is out of control, specifically they claim that budgets have grown out of control and have been increasing 72% per year; they project that 2019 will increase to more than $1,400 per household per quarter and 2020 will top $1,900; and they further claim that the ex-employee complained to the board that increases would force lower income residents out of their homes.
So let’s take a closer look. The 2015 budget was $1,091,758 and that has grown to $1,408,540 in 2018 – an increase of $316,782 or 22%. That’s not the 72% claimed but still is a significant increase. Why? There are four major causes:
What was the impact of these four items? (Change from 2015 to 2018)
. Proper reserve funding $ 78,000
. Beach Club operations $102,000
. Non-potable water $160,000
. Insurance $ 20,000
Total extraordinary costs $360,000
These four items that were beyond ACSA’s control totaled MORE THAN THE ACTUAL INCREASE. In fact, from a what-might-have-been-expected standpoint:
. Extraordinary costs $ 360k
. Inflation on $840k 1 $ 34k (this is the inflation on non-extraordinary items only)
. 2015 budget $1,092k
. 2018 budget should have been $1,486k
. 2018 budget is $1,409k
That is the BASELINE BUDGET IS DOWN $77K from what might have reasonably been expected. Before I leave this CLAIM, two more things. First, they claim fees will double by 2019. How can you get these numbers? Easy. You assume that the special assessment for emergency repairs will occurs every year. Then you assume that 2017 adjustment for the non potable water will reoccur every year. And, then you assume that the extrodinary increase will reoccur every year. Voila! You are there – 72% per year each year. The likely budget outcome – NO SIGNIFICANT CHANGE from where we are today. Finally, I would like to remind everyone that for the past two and half years the primary objective of your board has been the financial stabilization of our finances. Our emergency and deferred maintenance are behind us. We have made the tough
choices and cleaned up both AGI’s and ACSA’s balance sheets. Our reserves are properly funded. Look around the community and you can see the repairs and improvements to our infrastructure.
The best measure, however, is from our banking partner. Two years ago they demonstrated no interest in discussing the refinance of our balloon debt that comes due in 2022. Today we are in discussions to do that, extend the period to 15 years, to modify the covenants and to convert to a fixed rate. Why the change? Because they consider us to be a model for a well run HOA. We have made all the improvements and changes we said we would, and we are financially sound.
CLAIM 9 – For their own benefit, two board members authorized $2,000 in repairs to the Ocean Dunes surface water management system. This was subsequently changed to Egret Trace even thought the two cited board members have no financial interest in that community. The fact is no such repairs ever occurred or were paid for by ACSA – it’s a pure fabrication.
CLAIM 10 – AGI has been mismanaged specifically: staffing issues including a dangerous tennis contract, use of courts by pro without payment to AGI, unqualified employees and $100k in lost teaching revenue; non residents should not be committee members; and ability to save $70k to $150k but may lose members.
. There are no contracts – we have “at will” employment only.
. Lessons fees are posted and dependent on number of participants of group lessons. Our Pro keeps 100% lesson revenue is very common (usually in alignment with salary) this is the most cost effective formula for AGI! And we have comprehensive liability insurance so there is no risk.
. Our USPTA Pro offers lessons to club members at our request as a service to the membership. Total 2017 lesson revenue was just over $17k vs the $100k claimed. That’s two fabrications and one misrepresentation.
. Never have employees replaced resident members on the tennis committee.
. Committee includes residents and non-resident members (40% of members are non-resident). AGI By-laws allow non-resident board and committee members and allows them to be paid.
. There is not nor has there been illegal activity by the current AGI management. That’s two fabrications and one misrepresentation.
. There is no $100k in potential tennis lesson income – 2017 gross was $17k.
. The total cost of the tennis program to ACSA is less than $80k with a net cost of less than $20k. $70k to $150k in cost savings is not even feasible.
That’s two more fabrications.
CLAIM 11 – “Removal of ACSA/AGI Inventory Illegally. During the 2017 hurricane, Brassie employees were given all
refrigerated food to take home, while the restaurant never lost power and resulted in the loss of hundreds of dollars of food.
Even if the restaurant had lost power, ACSA and Brassie insurance would cover the food losses verses giving the food away.”
The reality:
. AGI policy is ‘no employees may take food home free from the restaurant’.
. The Brassie staff did work diligently to prep for the storm in an effort to salvage food inventory and minimize losses.
. AGI did not qualify for emergency fund reimbursement for ‘loss of income’ or ‘loss of inventory’.
That’s two more fabrications.
CLAIM 12 – The AGI President, Ann Bruns has accepted free drinks and food from the Brassie. Her response:
ABSOLUTELY FALSE!
. My husband and I frequent the restaurant to support the business and to observe the operations first hand.
. We pay for our food and beverages.
. Pay the exact prices as all of the other residents of our community. Another fabrication.
One last thing – the Golf Maintenance Facility. OH MY GOD, look at what they’ve done now $43,000 for a wash down station when a $15 hose with a spray nozzle would have done the job! And $400,000 for the facility!
The facility, which is nearing completion, is a $400,000 item and why would be a fair question. For example, why $43,000 for a wash down station? The answer to both questions is county and state imposed requirements that did not exist when the facility was originally build. Florida Department of Environmental Protect mandated the wash down station. It is a recycling system to prevent concentrated chemicals and fertilizers from entering Mullet Creek, a particularly sensitive area of the Indian River Lagoon. Other major mandated changes that were imposed over the year long permitting process included: a block enclosure for the dumpster to hide it from the community’s view; storage bins for dirt, sand and gravel to limit run-off; and extensive plantings of 4” caliper oak trees. The Fire Marshall’s office included a larger area around the facility to accommodate newer
engines allowing them to turn around; improved containment and safety features for the fueling stations; and a new fire hydrant where none existed before. Finally we had to pave the entire area.
The Construction and Maintenance Committee has done a good job bringing the $400,000 project within budget. It includes: the engineering; the repair of the building; the site plan development and negotiation; and implementation of the site plan. These three photos from the nearly completed GMF show some of the things that the county and state mandated. They are wash down station, the fueling station containment, and the dumpster enclosure with the three material storage bins.
Until next time – An Aquarina Voice.
Direct from Chef Josh –
Classic Pork Sandwich
Ground pork burger, with pickles, crispy fried onions, and bbq sauce. Served with coleslaw. $11.99
Direct from Chef Josh –
Tonight:
Classic Pork Sandwich
Ground pork burger, with pickles, crispy fried onions, and bbq sauce. Served with coleslaw. $11.99
Direct from Chef Josh –
Island Ahi Salad:
Seared ahi over romaine, srirachi Asian veg, cucumber, avocado, mango salsa, chow mein noodles, and a macadamia soy reduction. $13.99
Direct from Chef Josh –
Cuban Melt
Ham, mojo pork, swiss, pickles, crunchy onions, spicy brown mustard, on grilled and pressed challah bread. Served with chips $11.95
Direct from Chef Josh –
Cuban Melt
Ham, mojo pork, swiss, pickles, crunchy onions, spicy brown mustard, on grilled and pressed challah bread. Served with chips $11.95
Direct from Chef Josh –
Pan Seared Calamari topped with a fresh made tomato caper salsa and served with rice and mixed veg. $18.95