News and views on Bay Colony Club Condo, Fort Lauderdale, Florida.
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.
This is the second in a series of articles providing information about 2010 candidates for Bay Colony Club Condo Board of Directors. This information is intended to help BCC make their voting decisions.
Sam Slota
Among many other actions taken against the interests of BCC owners:
The Florida department of Business and Professional Regulation (DBPR) has since 2002 repeatedly declared Slota in violation of Florida law.
In 2002, Slota, then president of the Board, imposed a $384,000 special assessment on BCC owners. In 2003, after a lengthy and expensive trial, the assessment was declared illegal in Broward County Court and BCC owners paid enormous legal fees.
From 2002 to 2003 it is alleged by the then BCC manager and a then member of the BCC Board that Slota was soliciting kickbacks from vendors, abusing BCC's petty cash, stealing BCC property and embezzling.
In 2008 a $120,000+ contract was signed by Slota for "consultation" on our $2 million plus cable TV contract. There was no Board discussion and no bids for this "consulting" work. The remaining Board members said they were unaware of the contract and didn't know the details or the actual dollar amount. Two Board members wisely resigned at that point.
In 2009, Slota, then Board president, failed to produce 2008 year-end BCC financials. A violation of Florida law and of a 2005 Consent Order which had imposed a $5,000 fine for the same (earlier) offense.
During 2009 Slota has continuously harassed our Manager and office staff in an effort to get them to resign so more "pliable" replacements could be found.
At the January 5, 2010 Board meeting Slota physically assaulted fellow Board member Wilbur Bullock.
Is this the kind of person we want for our BOD?
What do you think?
Anything to add?
Post a comment.
Keep in mind that a comment with your real name has more impact than an anonymous one.
The upcoming Bay Colony Club Condo electionfor Board of Directors gives owners an opportunity to vote in what may be the first honest BCC Board election. It's possible that we can stop multimillion-dollar no-bid contracts, secret deals, vandalism, and physical assaults against activist owners. Details omitted from resumes of present BOD members may help you decide who you want on the BOD. This is the first of several articles providing the missing details.
Saundra Zubko
Among many other actions taken against the interests of BCC owners:
In 2004, Zubko Board President, failed to provide 2003 year-end financial reports to BCC owners. This violation of Florida law resulted in a fine of almost $5.000 against BCC Association.
Throughout 2004-2005, Zubko, as president of the BCC board, did everything possible to prevent the dissolution of the Special Rec District. The SRD board was working to dissolve the District, not to make additions and improvements that are Association responsibility. Using her total lack of cooperation and tactics of then BCC lawyer Ron D'Anna, Zubko forced the resignation of the entire SRD board. Then, with Pete Shelton, she assumed control of the SRD, stalled the dissolution and squandered hundreds of thousands of BCC dollars on unnecessary cosmetic changes.
In 2003, as a BOD member, Zubko voted NOT to investigate the "mysterious disappearance" of BCC assets.
Under Zubko's guidance, rebuildingfire damaged Rec 1 took over a year and cost twice the industry standard for such a job.
At the Dec.17, 2009 BOD meeting Zubko rejected Rocco Viola's offer to pay all costs for an independentElection Monitor who would ensure an honest February 2010 election.
At the January 5 BOD meeting Zubko led the board in spending $5,000 of our money to hire a private investigator. He will compile dossiers on "residents of interest" to the BOD.
Is this the kind of person we want for our BOD?
What do you think?
Anything to add?
Post a comment.
Keep in mind that a comment with your real name has more impact than an anonymous one.
NOTE: This was a “closed” meeting with just the BOD and BCC’s lawyer allowed to attend. The following information is by no means complete and is based on reports from usually reliable sources. Any additional details would be appreciated and can be added by clicking “Comments” below.
Private Investigator: A $5000 expenditure for a private investigator was approved. Investigator to provide “cradle to grave… personal information on BCC residents of interest” to the Board of Directors. Why this is necessary or why any particular resident might be “of interest” is unknown. For: Zubko, Slota, Shelton, Lauth, Gustafson. Against: Bullock
Sam Slota Assault and Battery on Wilbur Bullock: Bullock asked why bids had not been solicited for a major BCC expenditure and was then physically assaulted by Slota. BCC lawyer Stevens then required Slota to leave the meeting.
*Information provided by usually reliable sources.
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.
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.
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.
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
Communications Consultants Group (CCG) contract update: meeting set for November 13, nothing else reported.
Comcast Rebate bank account: Manager Joanne Lowenthal repeated the chronology as given at October 22 meeting.
(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.
Slota nominated Shelton for treasurer. Gustafson seconded. Shelton named treasurer unanimously.
New Business
Selective Enforcement of BCC Rules: A spirited discussion regarding the selective enforcement of BCC rules resulted in no BOD motion or vote.
Tree Trimming Contract: Ratified. All in favor, Gustafson abstaining.
Meeting adjourned at 7:55 pm. (Thanks to Bev Houston for on scene reporting.)
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.
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?
To leave a comment, click on "coments" at bottom of page to right. Happy to hear from anyone who disagrees and more than willing to consider facts or counter-arguments. Please don't be shy.