Thursday, January 12, 2006

The meeting was called to order by President Coyne at 2:00 p.m. in the Boardroom of suite 600 . Board members present were: James Hobin, Libbie Bramson, Coleman Connell, Marvin Peterson, John D'Aquanno, Allan Grossman, Harry Coburn, Edwin Rossini, David Trecker. Absent was: Richard Laughlin.

The president determined there was a quorum.

The minutes of the Dec. 8 meeting were duly approved, without change.

Treasurer's Report - Libbie Bramson commented that the most significant item for the year was Legal Fees. To our knowledge we have no legal matters pending at this time. She asked the Board to review the '05 budget and e-mail her with any questions and/or changes for the '06 budget. Libbie will then come back with a working '06 proposed budget before the next meeting for the Board's consideration. Libby reported that we have opened a CD at Liberty Bank and that we will soon be moving our checking account there.

Coleman moved that the November Treasurer's report be approved. It was seconded and passed without exception.

Committee Reports

Foundation Liaison – Harry Coburn reported that the opening of the new Hammock Oak Center was a success. The Men's Coffee had a good turnout, about 250 men. It was announced that Pelican Bay residents were requested to attend a meeting at Naples City Hall for the city council candidates on Dec. 8.

Allan Grossman reported he had a meeting with Kyle Kinney regarding the Waterside Shop parking garage.

Services Division Liaison- Coleman Connell reported that the PBSD Budget Sub-Committee will hold its first meeting for the preparation of its 2006/7 budget. He offered to supply provide copies of the 2005/6 budget for anyone who wants one.

The issue of the $500,000 annual cost for additional police protection provided by the Collier County Sheriff's Department remains.

Coleman suggested that, in conjunction with the PBSD, the PBPOA underwrite the cost of a meaningful community survey of all Pelican Bay property owners, to include their opinion of the PBPOA. A discussion followed. Mike asked that we hold this item in abeyance until we discuss the Mission Statement.

Coleman reported that the Services Board will be considering its options for restoring the reserves returned to PB property owners in anticipation of the possibility of annexation by the City of Naples .

Coleman reported that possibility of adding bike lanes on Pelican Bay Boulevard is no longer an issue. The width of the driving lanes is not sufficient to include a bike lane in addition to the existing two lanes. Discussion followed.

Mike complimented Coleman who has filed for the Services Division Board.

Legal Committee- Ed Rossini said that at this time we have no outstanding legal matters.

Ed said that at the Foundation Law Committee meeting Henry Price gave a report on the lawsuit with Gulf Bay brought by St. Raphael and St. Laurent buildings. An appeal of the Judge's ruling will not likely be successful because the Judge's decision is on such firm ground. Filing the appeal by Gulf Bay is likely just a defensive position for negotiating. Gulf Bay would not be able to build Cap d'Antibes now because they are permanently restrained. They will, however, not be prevented from filing another plan. We need to be informed if they file. Discussion followed.

Mike asked Ed to keep the Board apprised of what is happening at the Foundation in this regard. The public records, at the County should be checked periodically as well.

The question was asked if we were getting another lawyer on retainer since Mr. Kowalski is retiring. Discussion followed.

Jim Hobin moved that the Board employ an attorney only as needed and have an advisory list of attorneys available. Coleman seconded the motion. and all but one was in favor.

In regard to Mr. Kowalski, a letter will be sent to the managing partner of the firm stating that Mr. Kowalski hasn't responded to Marvin's letter regarding closure to the Brodeur case.

Mike said that the Board has been incorrectly sued three times over a period of eighteen months in a foreclosure action against the same homeowner. Mike has called the law firm handling the case and they have dismissed us each time promising never to do it again. Nonetheless they have done it three times due to sloppy internal controls. This is an example of why the Board needs a list of available attorneys to consult when these events arise.

Old Business - Mike mentioned that Marvin is eligible for another term and advised that Marvin expressed his willingness to serve another term.

Mike said that we have a potential problem with the staggered terms of office for our directors. Mike asked Jim Hobin and Libbie Bramson to serve as a committee with him to develop a recommendation for resolving the potential problem.

The lease for office rent will expire at the end of August 2006. Mike suggested we look at other potential alternatives. The Legal Committee will look into the lease.

Next Mike brought up the status of Waterside Shops. Mike will pass on any news he receives. Discussion followed regarding what legal rights, if any, the PBPOA has with respect to withholding approval of the parking garage design for the mall. It is anticipated that representatives of the Forbes Company will meet with the Board sometime in March to present their new plans.

Mike referenced the need for the Mission Statement that the Board has agreed to develop as a basis for why we are properly involved in activities such as the Waterside development in the community. Nowhere has he been able to find a document clearly expressing the mission of PBPOA. Developing a clear Mission Statement will be helpful for future members of the Board. Dave Trecker next explained the 7-point Mission Statement which he has drafted. (See Attached). Comments by each Board member on the mission statement followed. Mike asked the Board to reflect on the comments heard and to make further written proposals for modifications to Dave Trecker. The Board will then vote on the final mission statement.

New Business

Mike read the thank you note from Marvin for the donation in memory of his daughter Cindy.

The Vineyards discount material sent by John Domenie is being taken care of by the Foundation. Mike gave the material to Harry to bring to the Foundation.

Mike said the Board has requests from Commissioners Halas and Henning for the opportunity to speak to the Association and asked if the board members want to invite them to speak?

Dave Trecker suggested we offer to host a debate between Joe Foster and Frank Halas at Hammock Oak.

John D'Aquanno said that a reception is being held for Joe Foster on Feb. 11 from 4- 6 at Hammock Oak.

Jim Hobin moved that the President contact both candidates for the second district and let them know that the PBPOA is willing to sponsor a forum for a debate. This was seconded by Harry Coburn and passed.

As far as Commissioner Henning's request is concerned, we would invite a counter speaker for a debate.

Next meeting

Jim Hobin cannot attend the scheduled Feb. 9 meeting and requested it be changed to either Feb. 2 or Feb. 16. Each Board member will contact the office on the available best date and a notice will be sent.

The meeting adjourned at 4:45 p.m.

Respectfully submitted,

Coleman Connell, Secretary