BOARD APPROVED AS CORRECTED APRIL 5, 2010

TRAILER ESTATES PARK & RECREATON DISTRICT

BOARD OF TRUSTEES MEETING

MARCH 29, 2010

9:30 a.m.

SMALL HALL

1903 69^TH AVENUE WEST

BRADENTON, FL 34281

The meeting was called to order at 9:33 a.m. by Chairman Martha Brauer.

ROLL CALL: All trustees were present.

Minutes will be held from March 15 and March 26 until April 5.

TREASURER: No report.

APPROVAL OF BILLS

We received a bill from Daniel Scott dated March 23. The cumulative balance due is $16,371. The March 15 bill is $18,011 plus $3,360. A motion was made by Pam, seconded by Joe, to approve the payment of both bills. Motion passed 9-0.

We received a bill from Kirk Pinkerton. The February bill of $5,162.50 was previously approved. The March 22 bill was for $7,122.50 and included the above amount so the balance due is $1,960.

Martha: My guess is that this is not litigation.

Pam: This is park business. We are close to our $10,000 budgeted.

Pam made a motion, seconded by Margo, to pay Kirk Pinkerton $1,960. Motion passed 9-0.

We received a March 3 bill from Matthews for $21,623.60. A motion was made by Pam, seconded by Ken, to pay the Matthews bill. Motion passed 9-0.

We received a bill for $6,026.70 from Robert Turffs. A motion was made by Pam, seconded by Ken, to pay the Turffs bill. Motion passed 9-0.

A bill dated March 26 was received from Dye for $8,514.45. A motion was made by Pam and seconded by Harry to pay the Dye bill. Motion passed 9-0.

Gail: I understand Pam’s frustration at the attorneys’ bills, but I support Martha in the payment of the bills. We didn’t cause this lawsuit but we must be able to defend ourselves.

For discussion purposes, Martha made a motion to send the attorney bills of the individuals to Kirk Pinkerton. Harry seconded the motion.

Pam: Will it cost us more money?

Martha: Does anyone feel it would be a good idea?

Joe: I don’t think it is a good idea. Jim, Ken, Gail and Margo said the same.

Motion failed 1-8, with Martha voting yes.

Harry: Might this have to be brought up again?

Martha: We can bring up a motion at any time.

REPORTS OF TRUSTEES

Harry—On my computer I found information about taking your car keys to bed with you. If you hear a sound outside, pushing the button on your keys might thwart a problem, as it produces a loud noise.

Martha: Maybe we could post those on the bulletin board.

Jim: Don’t unlock the door when you hit the wrong button.

Martha: Put Elmer’s Glue in a bump on the correct button.

Margo: We should put the information in the Tribune.

Martha: Good idea. Harry, give these to TJ.

Ken—I will pass on the ARC minutes because they’re not done. It was a very informative meeting with the county.

Martha: The county left two packets; they are available in the office.

Fred—The spa drain prints are back. We will give them to a vendor to get a price to see if we estimated right. Florida Power & Light gave us a report on our “rights” and “wrongs.” Can we put Randy Hix’s phone number on our Web site? I got a call for him from Ohio and he got a big job out of it.

Martha read from PP 47 and believes we can do this. It would fall under the heading of “Community Information.”

Fred said he will take a survey to try to cut down hours in the Laundromat.

Pam: We received a check from WashCo. They are now current through Dec. 2009. They suggested we drop down to 12 washers and six dryers.

Joe: I have this on a workshop on April 12.

Pam: We should have renegotiated the contract when we locked the door.

Martha: We will discuss this at the workshop. Did we get a check for the water machine?

Pam: If we did, I didn’t hear about it.

Martha: Put the water machine on the same workshop.

Pam: I will do the PP 34.

Fred: In regards to cutting mangroves at the beach, no one cuts those but the park?

Joe: Do we know if we are authorized to cut them?

Fred: Mark will check.

Martha: In the past, it had to be a certified arborist.

Harry: Can we cut 6” per year? If you don’t do it one year, you can’t cut 12” the next year.

Gail—I visited the Art Club and will discuss that when we talk about instructors’ fees.

Margo—There were five deaths; I sent 18 cards to people in the hospital.

Jim—I have been getting calls about solicitors in the park. Find out who they are and what they are charging before giving them a job. Get a name and/or a license plate number. They can’t trespass by cutting through your yard to get to another residence. If there are any problems, call the Sheriff Department. A lady had her purse stolen from the laundry. Don’t get lax.

Martha: The attorney said if we adopt an ordinance that says “No Solicitation in the Park,” it would hold a little weight in court.

Pam: Would that cover the Avon lady? If you let them do it, does that cause problems? What if everyone put a sign about this on their front door?

Jim: Ohio Street problem owner will leave on March 31 and never return.

Pam: What about the girl and the dog?

Martha: We have a 30-day policy.

Joe: How do we collect the data?

Martha: Keep a log. We do have a 10-day warning letter.

Joe—Saturday night’s dance took in $480; cumulative total is $7,111. 50/50 took in $91; cumulative total is $1,652. There are two more dances before the summer. Showtime this Thursday is a Gospel show.

Martha—1) The Auditor Selection Committee met and will report at the April 5 meeting. The meetings scheduled for April 1 and April 8 have been cancelled. 2) Information regarding candidates for the Let’s Talk Club Forum may be found at www.votemanatee.com. We are in District 4. Caution: If Board members attend, do not say anything as something said could come up for a vote and that would be a Sunshine Law violation. If you go, don’t engage in conversation. The Forum will be on a delayed Channel 95 broadcast. 3) Phone Directory: We did not print one this year. We could upload the phone directory to the Web site. 4) Kitchen: I finished the research and wrote a letter to the inspector who came. I also asked about temporary licenses; getting those is the responsibility of the club sponsoring the event requiring a license. A Board policy should be written about this. Trustees have an e-mail in their box about this.

Gail: Manatee County workers who were present at Friday’s meeting said TE is listed in several places with them as a mobile home park.

Harry: Our Charter was the model for the state statutes.

Joe: The cost of a permit might not be cost effective.

5) Marina: We now have two sets of notebooks—one for the Dockmaster and one for the renter.

Ken: We talked about this for two months and no one came forward with information.

Gail: I wish they had come forward before.

Martha: I think we should use what we have come up with and try it. Ken, you should talk with the Dockmaster and the assistants to see what their plans are.

Ken: The marina has always been a concern of mine. Rules and regulations are important. I want to uphold them. We did what we could. Everyone had a chance to speak about these. The marina is a multi-million dollar operation and should be respected as such.

Martha: If they are not interested, put a notice up. If people are interested, they should talk with you.

Jim: I don’t know anything about boats, but I walked around the marina and talked to people there. People are concerned about unplugging the bilge pump.

Ken: We unplugged them after notifying the owner and nothing was done.

Martha: We should add to #15: “Owners will be notified prior to unplugging the cord.”

Pam: With the rules we have, it is almost like we should pay someone to do it.

Ken: I don’t think so.

Pam: Do the renters have to sign off on the checklist? I think they should.

Martha: I think all of this is in the lease.

Pam: If it’s in the lease agreement, it’s okay.

Martha: I will double check to see that everything on the checklist is in the lease.

Fred: Will you rework #15?

Martha: Yes. I will put it on the agenda for April 5.

Joe: The Dockmaster meeting recommends deleting #15.

Martha: I believe we are balancing Jim’s concerns with Ken’s concerns.

6) Legal: At the March 22 court hearing, 17 allegations were dropped against us. 7) Coffee Break: Mary Lou McNulty wants Ken to meet with her about the programs. We should begin working on the dance contracts for summer of 2011.

REPORTS OF STANDING COMMITTEES

Beautification: No report.

ARC: No report.

RESIDENTS COMMENTS

Richard Metz, 1712 MN—Mrs. Opper says she studied the Venice case. What are the legal fees that were levied in that case? Joe: What can happen to the defendants? Can they go to jail?

Bev Lew, 2008 IL—You are not allowed to change parking signs. You cannot pass your legal obligations on to volunteers. Said the Board lied about allegations removed in court. She claims there were much less than 17 removed. She also stated that if she didn’t have Mary Lou McNulty’s attorney’s fees by 3 p.m., she would file a complaint with the Attorney General.

Barb Durrin, 6517 Washington—There are a lot of lies going around the park. There is much misrepresentation. She read an e-mail from residents who did not attend the court hearing on March 22 but relayed information from there as fact and a resident who did attend and backed the allegations.

Flo Mallory, 6919 W. Bayou—We are a subdivision not a mobile home park. Board members should have input into the Let’s Talk Club Forum.

Tim Norwoood, Bayshore Gardens—1) Electrical cords: Have woodshop make covers. 2) The checklist: Marina renters should sign them.

Bruce Smith, 2316 NY—Requested that we suspend the timer. The checklist is a good idea. You should have the renters sign. He was hoping one Board member would have been at the Dockmaster’s meeting. We can’t afford to run electricity as we did on the dock.

Pat Prosser, 6819 American Way—Is there a place where all the attorney fees can be posted? There should be handrails at the marina steps. She did not understand Fred’s comment. Thought the phone book costs were paid for by the property owners; not everyone has a computer. Can the office be open from 8-3 daily?

Joe Langton, 2107 Ohio—I marvel at the patience of the Board. Meetings drag on because of the Sunshine Law. People are constantly in attack mode. Get over it! We need to start working for the best interests of the park.

Lonnie Stanley, 6620 NJ—CNN told the whole world we are a mobile home park! What did we do about the gate we were going to open up?

Board Response to Public Comment

Martha: We do not own the gate so it is still in the hands of the owner. He has been notified several times. Fred will call him. It might be on county property.

Fred: How can we get a variance to cross the bridge?

Jim: The county is looking into it right now.

Harry: In response to Flo, this park was pushed as a mobile home park by Sid Adler in the very beginning.

Martha: Flo’s definition is a chosen one by some agencies. We are a political subdivision.

Martha: I did not say trustees can’t go to the Let’s Talk Club Forum, but there could be a Sunshine Law problem.

Joe: It’s a shame the Let’s Talk Club didn’t come to the Board and have a joint meeting so everyone could go.

Pam: Phone books are too costly; there are a lot left.

Ken: Handrails are on the Pennsylvania side of the marina.

Martha: Attorney fees are in the office in a notebook. Public records are: 1) things we produce and 2) things given to us. Unless Mary Lou McNulty gives us her attorney fees information, it is not public record.

Joe: Put up “Be Careful of the Cord” signs at the marina.

Gail: Stated she is very concerned about the residents and feels they should be warned. She reminded them that she is the mother and mother-in-law to two attorneys. She told residents to be very careful what they put in writing and what they share at the microphone. Make sure it is the truth. Defamation of character is a very real lawsuit that can be won in court.

Martha: In response to Mr. Metz, we are in the midst of a civil lawsuit and not a criminal case. She believes the fine for a Sunshine Law violation is $500 and possible removal from office by the Governor.

Gail: Stated she was concerned that neither she nor Joe was given an opportunity to respond to Mr. Metz because Martha said she was the litigation representative. Gail stated she has no problem speaking to Mr. Metz.

Martha: It is my job to control the meeting and Roberts Rules says we cannot have a debate.

Gail: Why can’t we have a debate? Roberts Rules is only a guideline.

Joe and Gail respond to Mr. Metz:

Joe: I have a right to defend myself. I could face a $50,000 bill.

Gail: I kept up with the Venice case in regards to the collection of their phone records and their computers so I was careful who I called and what I did on my computer. The Venice case and ours are not the same.

Harry: This case is about power. They didn’t get the power through voting.

The meeting recessed for lunch at 12:30 p.m. and will resume at 1:30 p.m.

The meeting resumed at 1:30 p.m. Pam Cole was absent.

Martha: I made an appointment with Bruce Smith; but since we have a marina trustee, Ken should meet with Bruce.

Gail: I have two things to discuss: 1) We had problems in the audience today. I pointed that out twice. Since you, Martha, can’t see everything, I believe a trustee should be appointed to watch the audience. 2) We have won 30 allegations brought against us. There is a record of that on the court Web site.

Ken: There was disruption in the audience this morning. We should point those out to the chairman.

Margo: Why do we have to pay for those allegations that were granted?

Martha: Our attorneys have asked the judge to award us attorneys fees for those.

Margo: I think it is important that the residents know that.

Gail: There is a very high standard in Summary Judgment. The allegations were dropped because there were no Sunshine Law or Public Records law violations and, therefore, those allegations could not be won in court.

Martha: Those allegations denied do not mean we have lost them.

Joe: The fence on Tennessee looks good.

Ken: Harry did a lot of footwork on that.

NEW BUSINESS

1. Revision of PP 42—Gail presented her suggestions on revising PP 42 and there was much discussion, which included a discussion about Rules and Regulations on p. 4 of Tab 4, #6A as well as p. 5 of Section 3. Gail will bring forward to the April 5 meeting a PP 34 that includes final revisions to PP 42, removal of #6A, p. 4, Tab 4 and revision of p. 5 of Section 3 of Rules and Regulations. She will also write a sentence in regards to businesses coming to our facilities and selling at residents’ events.

2. Martha is developing green folders as rules for use of our Large and Small Halls. The Board discussed renting these to the public at a cost of $500 for the Large Hall and $250 for the Small Hall. Gail will make a list of amenities in both facilities. The list will be discussed at the next meeting. A liquor license might be needed; Martha will check into this.

3. Classes—Instructor and Participation Fees: Joe presented a packet of information regarding classes and fees. He went over the different classes, how they are paid, and how they could be paid. He gave us three suggestions with the Board adding a fourth: 1) Keep things as they are at a cost to the park of $4,200 2) Residents pay on their own 3) raise the fee to $2 for residents and $3 for non-residents 4) pay equal amounts to all clubs. Joe let us know that the majority of mobile home parks use only volunteers for their activities. A lengthy discussion ensued and it was agreed that the Board will consider everything that was said and will consider this again at the April 5 meeting.

Announcement: April 2 is the last day to issue promissory notes to residents in regards to the loan program.

Gail left the meeting at 4 p.m. Martha took notes for the remainder of the meeting.

4. PP28 rates—Moved to the April 5 meeting

5. Promissory Note Motions:

A motion was made by Martha, seconded by Joe, to remove Louisa Hoagland, $10,000 at 3 percent for 12 months from the promissory note program. Motion passed 7-0.

A motion was made by Martha, seconded by Joe, to approve a promissory note in the amount of $68,000 at 5 percent interest for three years to Gerald Tobey, Jeffrey W. Tobey, Kathy Marie Tobey, Kelly Jo Tobey. Motion passed 7-0.

A motion was made by Martha, seconded by Ken, to approve a promissory note in the amount of $10,000 at 5 percent for three years to Juanita Koch. Motion passed 7-0.

6. The following items were removed from the agenda: PP 41 Organizational Chart, PP 40 Trustee Duties, and Bylaw Revisions.

REPORTS OF CLUBS AND ORGANIZATIONS--None

Margo made a motion to adjourn the meeting. Seconded by Jim. The meeting was adjourned at 4:15 p.m.

Respectfully submitted,

Gail Opper, Secretary