READ THIS FIRST

THIS IS NOT AN OFFICIAL PUBLICATION OF THE BAY COLONY CLUB CONDOMINIUM ASSOCIATION, INC. This blog was created to help Bay Colony Club Condominium (BCC) owners, resident non-owners, and employees know what’s happening in BCC. Any reader can comment on any of the articles by clicking on the “comments” below the article. The blog author is not responsible for any comments made by blog readers and may or may not agree with any or all comments. Please click on “Disclaimer” in the left-hand column before proceeding further.

All comments (both pro and con) are welcome and can be signed or anonymous.

Thursday, November 26, 2009

BAY COLONY CLUB REALTY REPORT AS OF 12/20/09








Total #2 BR for sale:  21
High      $425,000 (on the intracoastal)
Low      $154,900
Median $225,000

Total #1 BR for sale:  8
High      $139,000
Low      $  95,000
Median $108,450

Sold 2BR YTD:  12             LP/SP               Days on Market
High      $212,500                80%                         699
Low      $145,000               100%                          12
Median $175,000                 90%                         192


Sold 1BR YTD: 6
High     $117,000                 95%                        298
Low     $  93,000                 84%                          14
Median $102,500                90%                         119

Information provided by Marge Matinale, Li  c.Assoc.Broker, Prudential Florida 1st Realty
954-298-2527,fax 954-771-7367,email margesells4u@yahoo.com

Tuesday, November 24, 2009

BAY COLONY CLUB SYNOPSIS NOVEMBER 19 BOARD MEETING

HRH SZjpeg1 Board members attending: George Lauth, William Brady, Harriet Gustafson, Sam Slota, Saundra Zubko
Absent members: Pete Shelton, Wilbur Bullock
Miscellaneous other: Joanne Lowenthal, manager
BCC owner attendees: 37 in audience
Minutes: October 22 and November 2 minutes read and approved
Meeting Behavior Rules: It was noted that BCC rules allow  fines for obnoxious behavior.  No discussion about same rules applying to BOD members.
Reports: (Available on BCC web site)
Old Business:
1. Communications Consultants Group (CCG) contract update: Discussion postponed.
New Business:
1. Rules & Election Committees: Zubko announced her appointment of Rochelle Bisaillon (Rules) and Bunny Schmitt (Election) as committee chairman.  Additional nominations not requested or considered.
2. Palm Trees: Replacement of 10 dead or dying palms at cost of $3,705 approved unanimously.
4. Holiday Fund: Zubko announced her decision to revise rules governing holiday fund distribution to employees.  She also decided that postcards soliciting owners contributions would NOT be mailed out.  (Some owners have set up a card mailing fund and are soliciting donations.)
5. No Turkey Distribution (not an agenda item): Zubko announced that the long-term practice of distributing holiday turkeys to employees was discontinued.  (Some owners have set up a Turkey Fund and are soliciting donations.  Please click on “Turkey Fund” link in left column for details.)
Meeting adjourned at 7:55.
Open Forum Topics:
Lower pool temperatures, weekend employees on hand, Christmas lights, lawyer’s fees for CCG contract, elimination of turkey gifts.
Thanks to Bev Houston for fact checking and edit help.

Wednesday, November 11, 2009

ELECTION FRAUD A BCC TRADITION


BCC’s 2003 election for members of the Board of Directors (BOD) was obviously fraudulent. Illegal ballots were added to validated ballots and counted in the totals, among other ballot tampering.  It was judged so by Election Supervisors Carl Dressel and James Gordon and the Florida DBPR.  Please click on “BCC 2003 Election Fraud” in column to left under “Links to Other Condo Related Sites”.  (Please note that I strongly disagree with Dressel and Gordon speculations on the possible source of ballot box stuffing.)

Despite requests to then BOD President Sam Slota, nothing was done to correct the fraud or improve election policies and procedures so it wouldn’t happen again. It’s been seven years and nothing has been done. Unless we do something about it as soon as possible we can look forward to a future of fraud and chicanery, most notably at the upcoming BOD elections in February.

Further, why are BCC owners repeatedly electing people to the BOD who voted AGAINST investigating the mysterious disappearance of BCC property?  See “BCC 2003 Election Fraud” at left.

BCC’s election procedures are not unlike those of many corrupt third world countries.

As yourself WHY people would lie, cheat and stuff ballot boxes.  Perhaps an honest election would be the most significant step towards reducing our maintenance costs.

Support election reform and the appointment of an Election Monitor. Start by adding your name to the petition that will be circulating in BCC.

Thursday, November 5, 2009

HOW TO STEAL A BCC ELECTION*

1. Be a current or past member of BCC BOD.
2. Search past election records for names, unit numbers and signatures of owners who have not voted for years.
3. Get extra election packages (outer envelope, inner envelope & ballot) for “friends who have lost theirs.”
4. Forge signatures on ballot envelopes (a vague resemblance will do) and check your name.
5. Bring ballots to office (no need for postage or several trips) and stuff them in the box.
*Based on a detailed review of past election records.



It is NOT enough to have an election monitor appointed just before the election.  Easily photocopied ballots which are not controlled and freely passed out and a ballot box unobserved and uncontrolled will mean the same undesirables will be with us for ever.

By all means sign the petitions circulating which request an election monitor be assigned.
SIGN THOSE PETITIONS NOW AND SUBMIT THEM SO WE GET THE MONITOR ON BOARD ASAP.  WITHOUT A REVIEW AND REVISION OF OUR ELECTION POLICIES AND PROCEDURES WE ARE GUARANTEED ANOTHER RIGGED ELECTION!


WE NEED VOLUNTEERS TO GET SIGNATURES ON THESE PETITIONS.  WE NEED THEM NOW!
E-MAIL cpukit@comcast.net TO SIGN UP.

Wednesday, November 4, 2009

Synopsis November 2 Board Meeting

Board members attending: George Lauth, Pete Shelton, Sam Slota
Absent members: William Brady, Wilbur Bullock
Miscellaneous other: Joanne Lowenthal, manager, BCC Security guard
BCC owner attendees: 44 in audience
Members Appointed to Replace Those Resigned: Harriet Gustafson and Saundra Zubko appointed to two vacant BOD slots.
Minutes: October 22 minutes not available.
Old Business
  1. Communications Consultants Group (CCG) contract update: meeting set for November 13, nothing else reported.
  2. Comcast Rebate bank account: Manager Joanne Lowenthal repeated the chronology as given at October 22 meeting.
  3. (NOT AGENDA ITEM) Slota announced his resignation as BOD president and Lauth, as VP took over meeting. Lauth called for nominations for BOD president. Slota nominated Zubko, Shelton seconded. No other nominations and Zubko elected unanimously.
  4. Slota nominated Shelton for treasurer. Gustafson seconded. Shelton named treasurer unanimously.
New Business
  1. Selective Enforcement of BCC Rules: A spirited discussion regarding the selective enforcement of BCC rules resulted in no BOD motion or vote.
  2. Tree Trimming Contract: Ratified. All in favor, Gustafson abstaining.
Meeting adjourned at 7:55 pm. (Thanks to Bev Houston for on scene reporting.)

Saturday, October 24, 2009

SYNOPSIS OCTOBER 22 BOARD MEETING



Board members attending: Rochelle Bisaillon, William Brady, Wilbur Bullock, Jason Katz, George Lauth, Pete Shelton, Sam Slota
Absent members: None

Miscellaneous other: Joanne Lowenthal, manager, John Stevens (BCC lawyer), BCC security guard
Owner attendees: 62

Minutes: June 10 minutes corrected to remove erroneous approval of CCG contract.
Reports

1. Manager’s report on BCC official website.
2. Financial report on BCC official website.
3. Screening committee reported 2 leases, 4 sales since September board meeting.


Old Business
1. Communications Consultants Group (CCG) contract signed by Sam Slota September 23, 2008. Contract has not been approved by the BCC BOD. Christopher Merrill of CCG alleges that no kickbacks were involved. Wilbur Bullock will negotiate a buy-out of the 10-year CCG contract.

2. Comcast rebate of $128,000 initially deposited in BCC operating account. This amount (less CCG’s bonus) was later transferred to a money market account by Slota and Lauth. Board unanimously approved all of the above.

New Business
1. BCC contract safeguards requiring that all BOD members be informed of all bids, and requiring two BOD signatures on all contracts. Attachments (exhibits, meeting minutes, etc.) are required. Proposed and passed unanimously.

2. A proposal that Katz and Bullock research new auditor for 2009 passed unanimously.
3. A proposal that all BOD meeting tapes be retained for seven years passed unanimously.


4. Investigation into obtaining new recording equipment for BOD meetings was approved.

5. Video conference screening for interviews (on 30-day trial basis) approved by all BOD members except Lauth.

6. Motion made and defeated to remove Slota as BOD president. Against: Slota, Lauth, Shelton; For: Bullock, Brady; Abstained: Bisaillon, Katz

7. Bisaillon and Katz resigned from board.

Meeting adjourned at 9:42 pm. (Thanks to Bev Houston for on scene reporting.)

BLOG MODERATOR COMMENTS
The $121,395 CCG contract violates Florida law in several respects:

1. Exceeds BCC’s 2008 annual budget by more than 5% and therefore required bids.*

2. Not voted on and approved by a 2/3’s vote of BOD.*

3. Not disclosed to owners at BOD meeting so they could request a members vote and possibly cancel the contract.*

4. No single board member (including president) can legally contract anything for BCC Association or any other Florida corporation.
*F.S. 718.3026 Contracts for products and services; in writing; bids; exceptions.--

THIS CONTRACT IS FRAUDULENT AND SHOULD BE FORMALLY NEGATED BY THE BOD. Should CCG feel they have been damaged they should seek recourse from the signer of the fraudulent contract.
The 30-day trial for video conferencing interviews seems inadequate given slow pace of BCC sales.

Please share thoughts with your fellow BCCers by clicking on "Comments" below and adding your opinion.

Monday, October 5, 2009

HEADS UP ON CABLE CONTRACT!

BCC’s “consultant” (CCG) looks forward to pocketing our total $121,395 payment over the ten year cable contract. ($32,000 from initial Comcast kickback + $89,395 in savings over 10 years.)

This is 5.14% of our total 2008 annual budget.

F.S. “718.3026 Contracts for products and services; in writing; bids; exceptions….

(1) All contracts as further described herein or any contract that is not to be fully performed within 1 year after the making thereof, for the purchase, lease, or renting of materials or equipment to be used by the association in accomplishing its purposes under this chapter, and all contracts for the provision of services, shall be in writing. If a contract for the purchase, lease, or renting of materials or equipment, or for the provision of services, requires payment by the association on behalf of any condominium operated by the association in the aggregate that exceeds 5 percent of the total annual budget of the association, including reserves, the association shall obtain competitive bids for the materials, equipment, or services. Nothing contained herein shall be construed to require the association to accept the lowest bid.”

Once again this Board of Directors has violated Florida law, failed in their fiduciary duty and demonstrated mind-boggling incompetence. Does the BOD’s failure to get bids on “consulting” (not to mention their failure to read and/or understand the CCG contract) nullify the contract?

Is it time to take back our community?

Thursday, September 24, 2009

SYNOPSIS SEPTEMBER 24 BOARD MEETING

Board members attending: Sam Slota, George Lauth, William Brady, Wilbur Bullock, Pete Shelton
Absent members: Jason Katz, Rochelle Bisaillon
Miscellaneous other: Joanne Lowenthal, manager, John Stevens (BCC lawyer), CPA “Kim” (from Goldman/Juda), Ernie Valdestri (owner of lawn maintenance company and past BCC BOD president)
BCC owner attendees: 35 in audience
Reports
1. Manager’s report available on BCC official website.
2. Financial report available on BCC official website.
3. Screening committee reported 16 leases, 5 sales and 2 second occupant screenings since June board meeting.
Old Business
1. Rec #4 bathroom improvements/repairs costs estimated from $56,000 - $68,500. Spirited discussion arose regarding costs for a single Rec set of bathrooms. No agreement could be reached if upgrade to ADA compliance was a repair or improvement. Item tabled.
2. Cable TV discussion limited because of no-show CCG representative. It was moved and unanimously approved to reserve $96,000 Comcast rebate for a one-time up-front discounted payment to CCG. If CCG refuses to negotiate discount, $96,000 will be placed in a CD for paying them off over 10 years. Rebate cannot be touched for any other purpose.
3. Seawall repair by B.K. Marine ratified unanimously. Motion to replace a rotted-out transformer for $5,000, using old “guts” (circuitry) made and passed unanimously.
4. Tree trimming contract ratified. Slota, Lauth, and Shelton: yes. Brady and Bullock: no.
5. Tennis court lighting repairs at Rec # 1 approved unanimously.

New Business
1. Appointment of Budget Committee members (Bill Brady, Wilbur Bullock, Saundra Zubko, Pete Shelton) was ratified unanimously.
2. Proposed budget reviewed and approved unanimously. Copies to be mailed to owners week of Sept. 28.
3. Presentation was made by accounting firm hoping to replace our present monthly accountants.

Meeting adjourned at 9:25 pm. Open forum until 9:35.
Congratulations to the 5% of BCC owners interested enough to show up and see where their $3500 annual maintenance is going.
Please share thoughts with your fellow BCCers by clicking on "Comments" below and adding your opinion.

Sunday, August 30, 2009

BCC INFRASTRUCTURE MAINTENANCE


This report was written by BCC resident Gordon P. Houston, P.E., a Professional Civil Engineer registered in Florida and Illinois. He worked in construction and design since 1965 and served 2 years on the BCC Board.


Roofs

The roofs of our buildings are constructed by stretching a membrane over plywood sheeting supported by wood roof trusses. The membrane is anchored at the roof edge by steel screws spaced at intervals along the edge ledger board. This produced a strong roof with a low wind drag which is important during a strong wind storm. We found during hurricane Wilma that the edge anchorage must be maintained. During this storm we had a failure on the south side of buildings 1 through 8. The roofing expert hired to repair these roofs said the steel connectors had deteriorated. He made repairs using stainless steel connectors. When asked how we could prevent this from happening again, he suggested we install additional stainless steel connectors between the existing steel connectors.


Seawall

The seawall along the canal and entrance road was built before the condo buildings. This type of concrete seawall is designed with a service life of 30 years. Our wall is approximately 40 years old; therefore, we have surpassed the design service life and it needs to be reinforced to extend that life.


In addition, this wall is only 2 feet from the edge of the entrance road within the soil slip zone behind the wall. When a heavy vehicle drives near the curb there is an additional load against the wall. When we repaved the road, we added even more weight on the wall. It would be best if the curb was 10 to 12 feet back from the back face of the wall.


The reason we see so much subsidence (or washouts) along the wall now is because of movement of the wall due to stretching and failure of the steel strand tie backs. This causes misalignment of the precast sheets and pilings, allowing the backfill to pass through. If enough tiebacks fail the wall will fail as it did at building 14 where the wall tipped over. Or the piles will break and damage the precast concrete panels, which happened along the Intracoastal Waterway.


To properly stabilize and extend the life of the seawall without the greater expense of replacing it, the normal method is to drive sloping piles in front of each existing vertical pile. This is to replace the failing tiebacks. In addition, the existing cap is replaced with a wider cap to encompass both piles and to insure the top of the existing sheet is supported.


Balconies

The balcony railings are in very poor condition, causing a safety hazard for residents. In addition, many residents are having problems with their screens because the railings also support the screens. When hurricane Wilma damaged 3 balcony railings, we could not just replace these railings. Florida's Building Code required the railing to be 4 inches higher and the vertical slats closer together. The vertical support at the center of the balcony has to have additional support at the top.


Entrance Doors

Building entrance doors are a concern. The door panels are mostly in good condition but the hardware has been used for over 36 years without replacement. Most latches and worn-out hinges are noisy, and many closures are inoperable or nearly so. The conditions of the entrance doors are important during wind storms because if they fail to hold back the wind we will lose the roof.


Shutters, Windows & Balcony Enclosures

BCC should have a policy on window replacement, balcony enclosures and practical shutter design. If we make all windows meet the new code we would be eligible for a substantial discount on wind insurance. The policy should require all present and future glass balcony enclosures (where sliding door is removed) to meet the same present code requirements.

Saturday, July 25, 2009

DON'T BE SHY...

This blog is open to all for comments. Pro or con, rational or otherwise. No obscenity is the only rule.

Got our facts wrong? Our opinion is warped? Tell us about it. We'd rather provide a fair and balanced view than have it totally one-sided.

Want to see a new topic opened for discussion? Send a comment and let us know.

If there are any defenders of our BOD out there, speak up! Some of them were elected, so someone must have voted for them.

Without voices to the contrary, folks will have to assume the facts are accurate and the opinions are dead on. Just click on "comments" below and join the discussion. If you prefer, you can remain anonymous to us and all the other readers.

Thursday, July 16, 2009

Our Auditor



BCC budgets $6,000 for our audit. While the BOD may be happy with the auditor’s performance, BCC owners should demand more than the lame audit we got. “Audited” and “Auditor” is in quotes throughout this blog because of the quality of the product we received.

The purpose of the audit is to protect BCC owners whose money is being reported on. It is supposed to assure us that the BCC Board of Directors are properly controlling and accounting for our $2 million+ in annual maintenance fees.

This 2008 “Audit” doesn’t do it! It’s time to insist the BOD engages an auditor who realizes his responsibility is to BCC owners, not the BOD. Owners need and deserve an audit that highlights problems and suggests solutions, not one that glosses over mistakes and attempts to bury them with “prior period adjustments”.

Bernie Madoff’s outfit was "audited" too!