BOARD APPROVED AS
CORRECTED FEBRUARY 15, 2010
TRAILER ESTATES PARK &
RECREATION DISTRICT
BOARD OF TRUSTEES
WORKSHOP
FEBRUARY 8, 2010
9:30 A.M.
SMALL HALL
1903 69TH AVENUE WEST
BRADENTON, FL 34207
The meeting was called to order at 9:32
a.m. by Chairman Martha Brauer.
Loans from
individuals and the marina were added to the agenda.
1. Annual review of leases and fees
a. PP54—the amounts listed as fees on this PP already
cover our phone bills for faxes. Trustees feel no revisions
are necessary
on this form except for changing the year.
b. Contracts—There is no new lease with Hix. He is a “tenant at will.” Hix pays 6.5 percent
sales tax. Pam will speak with him about
signing a lease.
Post
Office—When does Linda negotiate the Post Office contract? Pam will meet with her.
Laundry—We received
no money in 2009 and 2010. Joe spoke
with the owner. The owner made $12,000.
His lease is up in 2013. Our present
contract is in the renewal stage. Joe says the lease doesn’t give us
any out; but since the owner isn’t paying rent,
perhaps we can get out of the
lease. If we take it over, we would at least break
even. Martha
feels we should have the attorney
look at the lease and then see what we might do to take it over.
Church—The contract
is good until 2012. Trustees feel we should keep the rent the same.
Brighthouse—The
lease is through Sept. 1, 2012.
Trash—Contract expires in Feb. 2011. Joe met with Waste Pro. Waste Management will not increase our
rates in the new contract. Joe was
told that picking up trash on one
side of the street only wouldn’t
lower our
costs. We should wait for more
information.
County Storage Lot—Have
we paid rent to the county for the storage
lot? Yes. We paid it in the summer
of 2009. It is listed under
Miscellaneous Expense.
The figures
Joe gave are actually half as much as the ones given.
Harry Splett, 2104 OH—He recommends
we do not sign a marina lease until
we negotiate better ramp access.
Do we have a contract with Manatee County to do work
on their property? Answer: We have an
agreement not a contract. He recommends we go back 30 percent
on our boat slips.
Ken: We have had several
problems with transients coming into the marina.
Bev Lew, 2008 IL—She believes she bought common property, which
includes the marina, when she purchased a place in the park. Do we pay additional taxes for Hix to rent
it? Owners
should be able to use the marina. How many times does the church use our
property? We should figure
cost per square foot of things we own so we can effectively charge for
them.
Martha—Boat and storage
fees have not been raised since
2005.
Gail—We
have been over the marina and the church
before. Residents may bring forward anything they want
to, but Gail feels we have discussed this enough and should move on. There are
not enough slips in the marina for every
owner to have one. Not every
park owner
is waiting to get one. If we as owners
have to share marina slips, Gail
will get her time. Perhaps
four owners
will have to share one slip. Cost accounting—figuring cost per square
inch--is not an effective use of our
time or our
money in a small mobile home park. Gail would be willing to listen to anyone who
can show her something different even though she has stated how she feels.
Martha—The marina
is a place where your personal
property
is stored and is not available to
others.
Martha--FYI on a complaint filed by resident (s) in regards to the TE kitchen with the Florida Division of Hotels and Restaurants. Martha learned
from John Vander Molen that the Department
of Community identifies us as a mobile home park. If we are
a mobile home park, our kitchen does not need to be licensed. Martha
will check into this.
Gail—Continual
complaints filed against our park will reduce
our property values.
She feels whether or not we’re
a mobile home park is a moot point
as she hasn’t seen condos or houses
on our property, only trailers.
Martha—Three
personal complaints have been filed
against her by park residents. She proved that none of them were
valid.
Joe—The
kitchen report is very good.
Martha—We were
told we need a covered dumpster for trash.
2. Loans From Individuals
Martha passed out
a sheet showing the loans and their repayment. Martha said we will accept loans from Feb. 15-28 and then again from April
15-30. Martha
was asked by a resident if we would
consider family members of residents
contributing as long as they are not related
to trustees. Everyone
agreed that was fine. Martha
reported
that our total, if all goes as it
now shows, is at $460,000. Many thanks
were offered
for all those who have given loans
to Trailer
Estates.
Gail wondered if
people could contribute who are neither
residents nor
family members of residents.
Harry Splett, 2104 OH—Can ex-board
members invest even if they have
been named in the court case. Answer: “Yes.”
Lenora Neal, 6619
CA—Even our sign says, “Trailer”
Estates.
Bev Lew, 2008 IL—Says she did file a complaint after questions about the Christmas
dinner. She believes our insurance
will not pay if someone gets ill from
food served in our kitchen.
Martha—Mobile home parks
have great latitude.
Pam—Will
call to see if our insurance covers
someone who gets sick in our
kitchen.
Ken—No one
should complain about our kitchen.
3. Legal Expenses
Martha stated
that due to the trial coming up, Kirk Pinkerton
needs a $100,000 retainer. She was
told we have to approve the payment
of bills and then approve the
payment plan. Martha
will bring a motion forward to
do this.
Gail—Just
last week we approved a payment plan
that Kirk Pinkerton agreed
to at $15,000 and now they want $100,000.
That doesn’t seem right. Please tell them we don’t want any more surprises.
Martha—will ask the lawyers
to separate litigation from regular attorney
bills.
Bill Secraw, 1803
NY—Do we have a contract with Kirk Pinkerton? Can we negotiate rates
with the attorneys? He was at the court
hearing on Friday
in regards
to computer searches of non-party
computers. Said there
were e-mails not produced but the judge ruled
against the plaintiffs and said such computer
searches were overly broad.
Lonny Stanley, 6620 NJ—He is getting concerned about our
attorneys. He feels we should make known to the residents who the complainers
in the park are. He wants to know who
makes him pay all these expenses.
Harry Splett, 2104 OH—He feels the attorney expenses are
too high.
Martha--$100,000 is not more
money but just a different time frame in which the attorneys
get their money. Attorneys
of the caliber of Kirk Pinkerton
normally get $300-$350 per hour
but are charging
us $225 per hour. She also
said over 10,000 papers have been
checked in the office. She stated she produced e-mails when she was first subpoenaed but was not, according to her
interpretation
of her request for a depo, required to reproduce e-mails she had already
produced. She interpreted her request for a depo
differently than the plaintiff’s attorneys.
Gail—Did
not attend the court hearing on Friday
even though her computer was subpoenaed because she did not agree with a search
of her computer. She stated she had followed the Venice case closely and
was careful what she did on her computer
and was not concerned if her computer
had been searched and would have turned it in if the judge had required it. She
feels, though, that such a search is
an invasion of privacy. We have laws against search and seizure
and Gail feels a computer search is a seizure
and search, which is wrong in her
opinion. Computers
contain too much private information to be searched.
4. Martha felt the
marina topic that had been added to the agenda for
today should be discussed at another
workshop. Ken agreed. The topic was tabled.
Update on 1803 Indiana: Jim reported he had checked into it and there are no
pets there. Neighbors said someone came and took the pets and cleaned
the place.
Fred asked if there is any update on the gate by the shopping center. Martha said the owner
said he would check into it and get back with her
but hasn’t done so yet.
5. 2010-2011 Budget
Pam first went
over the 2009-2010 amended
budget. She was advised to amend the
budget before we pay any more attorney
fees. The discussion regarding our
ability to pay the attorney’s fee determined that we can pay the fees since we
haven’t gone over the budget. We will
vote on the amended budget on Feb. 22.
Pam also went over the new
2010-2011 budget.
Herb MacFarlane, 6606 Washington, a member of the Budget Committee, was elected by the
committee to speak on their
behalf. He stated the committee’s concern is the large
increase in legal expenses. Before
the lawsuit, we had $500,000 in our reserve
fund. He looked into past
assessments. The first bump in the assessment occurred in
the 2008-2009 budget. In the 2009-2010
budget, there was an increase in the assessment of $169. The proposed
increase in the 2010-2011 budget is
$285. 2012 could be the last of the big
assessments. He listed the following
cost cutting ideas that have emerged
from the Budget Committee:
a. On a short
term basis, we should try to get along on a 35-hour
work week for
our Maintenance Department. This
would save us $25,000 a year as well
as a savings of $5,000 on IRA contributions. Should we have four
maintenance people or three?
b. Trash
savings.
c. Manatee
County arrangement. We can save money if we don’t cut county property.
d. Laundry—It
has become a “convenient cost,” which is not good business.
Joe: He read the memo from
Harry
Splett and talked with Mark and learned it takes seven man hours
every ten days to mow the county property. The cost:
$11.62 per hour. The county
mows once every four to five weeks.
He remembers how tall the grass
used to get and the rats it attracted.
Martha: The county is required to mow only four
times a year. Income is $27,000 on the storage lot.
Gail: She also read Harry’s memo which stated “it is illegal to spend district funds that are
not in the budget.” It is her
understanding that a budget is just a plan and can be changed and funds can be
spent that are not budgeted. Harry also wrote
that “it is illegal to spend district
funds on property
other than our
own.” Gail expressed
her opinion that Harry’s statement
is not a fact.
Ken: Wondered about savings on trash.
Joe: Motion detectors for
lights don’t work as well as some
things. You could do a better job of turning
off lights. He felt we might be able to
get by with fewer lights in the parking lot since Pam let us know those lights cost
$3,000 a month. He also felt we should
not decrease the hours of our employees.
He has known them for 20 years and knows how good, hard-working and
honest they are.
Harry Splett, 2104 OH—He stated that the meeting was a
good democracy. He wants us to find out what we are spending on someone else’s—the county’s--property. Joe stated he would do that.
Jennie Battaglia, 6626 Nebraska—Wonders why it is necessary
to increase benefits for our
employees. She doesn’t feel that in bad
times we should give any more no
matter how good our employees are.
Martha: Stated the benefits are
not being increased and she disagrees vehemently changing things where our employees are
concerned. She feels that if we cut the hours of our
employees from 40 to 35, they will look elsewhere for employment.
Announcements
TE resident John Brown was recently elected to the U.S.
National Shuffleboard Hall of Fame.
Residents offered their congratulations.
The Bocce Club has requested a bulletin board. Gail will check into it.
Sharon Denson asked Gail to notify residents that the Let’s Talk
Club will collect the following items Saturday, Feb. 20, for recycling: Portable TV’s, computers, monitors,
keyboards, CD players, VCR’s cell phones, DVD players/recorders. All items must have the resident’s address on
them. Bring items to the overflow lot
Saturday morning. Gail reminded
residents to remove chips from cell phones and destroy hard drives in computers
to protect personal information.
Trash pickups will change next week due to the President’s
Day holiday. Tuesday’s trash pickup will
be Wednesday and Friday’s pickup will be Saturday.
The workshop was adjourned at 1:35 p.m.
Respectfully submitted,
Gail Opper, Secretary