Thursday, March 26, 2009

MARCH 2009 COFFEE WITH THE DIRECTORS

Pledge of Allegiance

V.P. Halbach started the meeting saying there will be changes in how future meetings will be ran.
Changes are still in up the air but soon they will be announced. He asked for show of owner hands from the audience if they still want owner suggestions to be signed and owner’s name being disclosed. It stayed the same.




From the Suggestion Box
Lot 339 – Suggestion about the repair of the engine to the Skid Steer. Improper maintenance causing this to have a repair was also brought to light.
Lot 121 – questions asking about the Village infrastructure and getting money from the Government for a new Bridge.
Lot 121 – inquired about having a parking area for boat trailers.
Lot 708 – brought up the motion that past last April about management signing off on a log after inspecting the cleaning of our Village facilities.
Lot 249 – asked about video conferencing. It was said to be on the agenda for the next meeting.
Lot A – requested a 10’x24’ net to protect themselves and their property. It appears on hole 15 there have been a players using way too much club.
SC 68 – suggested relocating the boat ramp cement picnic table and chairs.

Questions from the Audience
Bud Sherry talked about the skid steer repair.
Lot 496 asked questions about Time Warner. It was said by the board they will hold them to the contract.
Lot 116 – requested to keep a little bit of the Grille functioning after it's close this week.
Lot ? – gave kudos to the election committee and complained that the trash dumpster lids are not closed when the trash truck comes. The open lids creates spewing trash .
Lot 288 – requested that management travel the park and do a better job on keeping the common grounds cleaner.
Ex-director Mulch wanted more coffee.
Trudy Costa said Time Warner couldn’t find her. P. Burke said for TW problems call 1-800-cable 55.
P. Burke said they were going to revise the work request form.
Time Warner people arrived and answered many questions. This took over an hour.
Adjourned

WORKSHOP
Rick May, the Village Insurance agent for 20 years, was present for no apparent reason at the meeting. One of the Directors asked Mr. May to a general summary of coverage while he was here. The last item he said was covered was a directors and officers liability policy to cover that ends in July. It is protecting the association if the members of the board should in his words, slip and cause financial harm to the association. Five claims have been submitted on this policy in the last three years. He said that is a lot of claims for a nonprofit organization. H e gave every indication that the premium will go up for this policy. The reason for his appearance is now known.
Director White asked Mr. May to tell everyone these five lawsuits. He said they were as follows.
1. March 8, 2007, claim filed against the Association for negligence in management allowance of Village permits on lot 375
2. November 9, 2007, lot 292 filed because that Board denied their request and along with a survey situation.
3. September 17, 2008 Cowan Island property seeking an easement through Sea Shell Blvd a property plus an injunction against LIV to deny them access.
4. September 29, 2008 Arroyo cablevision filed suit for breach of contract. Claims underpaying and allowing satellite dishes in the park.
5. August 27, 2008 six directors of LIV were sued for breach of fiduciary duties.
Board Agendas
Director Steffensen gave info on the Major Improvement Fund and the budget. Our cost for the Bridge will be $134,000 higher because of insurance cost due to lawsuits and attorney fees from over a year ago. Our increases in expenses will be $125,000 this year. Also she will give the pool committee minutes and suggestions.
Director Guerra wanted on the agenda a person to consult to Directors on how to be responsible. Director Bergsma set an agenda on web conferencing.
Director Halback's agenda is on the operation of the restaurant. He said he has someone who can provide some good ideas.
Director White wanted to discuss the current audio for board meetings as an agenda item.
Director Montalva mentioned wanting the different committees to be formed. It will be on the agenda.
P. Burke wants on the agenda up to $2500 towards Freeland's pursuit for the re-routing the intercoastals. There was a long review on the story behind the rerouting that P. Burke was happy to explain. This took about thirty minutes.
Our general manager said there was a gentleman who has waited here very patiently that owns lot 334. He has a rather large sink hole in the back of his property. It is under his deck stretching to his sea wall. He said we also have an equalizer on this lot. In order to find out what the problem is we will have to remove part of his deck and dig to inspect. Our manager said the sea wall is his problem but the equalizer is ours. P. Burke said just as long as the building code rules are followed as to who is responsible for what. The GM continued with this there is no concrete under the deck but when this is done he will put a sunken patio made out of concrete. The GM repeatedly said that the owner was willing to work with us. After P. Burke mentioned for the second time if they follow the building code rules it will be no problem. Our GM said once again that we are responsible for the repair of the equalizer. He then added this will include any damage to the pad when digging. One of the Directors asked why this didn't fall under maintenance and if so why bring it up. The GM said he just wanted to keep the board inform because we need to proceed on this. He said it might cost our Village as high as $6000.
P. Burke mentioned the Gauge lawsuit to be on as an agenda item along with Arroyo Cable.





8 comments:

Anonymous said...

breach of fiduciary duties.

BLAHH BLAHHH BLAHHH!

A fiduciary duty is an obligation to act in the best interest of another party. For instance, a corporation's board member or in this case (MEMEBERS) has a fiduciary duty to the shareholders, a trustee has a fiduciary duty to the trust's beneficiaries, and an attorney has a fiduciary duty to a client. (LIV)

A fiduciary obligation exists whenever the relationship with the client involves a special trust, confidence, and reliance on ithe fiduciary to exercise his discretion or expertise in acting for the client. The fiduciary must knowingly accept that trust and confidence to exercise his expertise and discretion to act on the client's behalf.

When one person does agree to act for another in a fiduciary relationship, the law forbids the fiduciary from acting in any manner adverse or contrary to the interests of the client, or from acting for his own benefit in relation to the subject matter. The client is entitled to the best efforts of the fiduciary on his behalf and the fiduciary must exercise all of the skill, care and diligence at his disposal when acting on behalf of the client. A person acting in a fiduciary capacity is held to a high standard of honesty and full disclosure in regard to the client and must not obtain a personal benefit at the expense of the client.


GIVE ME A BREAK!

" ACCOUNTABILITY "

Anonymous said...

Long Island Village should be suing the GM for miss use of funds, false information....

Anonymous said...

Yeah, I can think of one rule he would like....no talking, unless you agree with me......

Anonymous said...

Attorney Ezell in Harlingen is aware of all the happenings at LIV. He might be a good man to have a talk with about suits against Larry and group.

Anonymous said...

of course ld wants to PROCEED with the sink hole on 334 right away,the person who owns it was the same person who helped him keep his job.I think ld and pb will be sure we pay for the whole thing.if you want a laugh look up who owns it.

Anonymous said...

Maybe RP & LM should help pay for the sink hole. Didn't Lot 334 help them some with lawsuit $$$

Aw yes, life is fun in Burkeville...NOT

Anonymous said...

Burkeville, yes...named after a non-owner....show us the deed, Pat.

Anonymous said...

Burkeville sounds like a Stephen King horror film. Oh, it is like a horror film in LIV.