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deTo improve communication, Team Pelican Harbor’s first newsletter published in April, extended an invitation of

the president to have open dialogue with the Pelican Harbor community. Our community has concerns, and any inquiries by citizens of Pelican Harbor deserve clear and truthful answers in order not to mislead or deny informa-tion from our community. To date, no meeting for open dialogue has been scheduled although the request to do so remains.

April 14th Civic MeetingThe president asked to have the taping stopped as some of the board members were uncomfortable with the tap-

ing of the meetings. As a result of respectfully declining to shut off the recorder the board swiftly decided to call the sheriff. Sheriff’s Police arrived and lightly explained the following:

*The Florida Statutes 720-306 states; a public board may not prohibit a citizen from videotaping a public meet-ing through the use of non-disruptive video recording devices. The board of directors of the association may adopt reasonable rules governing the taping of meetings of the board and the membership.

Reasonable Rules• Only using audio and video equipment and devices that do not produce distracting sound or light emissions.• Audio and video equipment shall be assembled and placed in position before meetings begin. This rule must

be passed in advance by the board or owners as a written rule within the governing documents. It’s not a rule that should be enforced impromptu.

• Anyone videotaping or recording a meeting may be banned from moving around the room to get a recording and causing unnecessary distraction. Again, such a rule must be passed as a written rule in advance.

• Boards may compel owners to provide advance notice of the intention to videotape or record, again, as long as such a rule is passed in advance.

May 3rd Board Meeting ~ Focal PointsResidents can view the meeting on Team Pelican Harbor’s web site!Bill Bokus submitted a renewed service agreement and stated it was cut and dry; and if not accepted there would

be no hard feelings and asked if there were any questions. Treva McClanahan commented that in the agreement the cabinets would be painted each year and she assumed

as needed and she didn’t think this was necessary if a good paint is used. She questioned if all grass areas would be fertilized twice a year and was this in the previous contract?

Ron Powell asked the board to consider including in the contract the locking of the clubhouse in the evening. Bill Bokus states - No he was not going to do this as break down per hour is two hours a week and it is just about

ten dollars an hour – it would be more than two hours a week by adding this and he would not put himself out. He then restated that he is not really concerned if the board accepts it and no hardship with him if not accepted but then suggested getting another outfit that will do all of this comparable.

Ron Powell inquired if the pool cover could be pulled up at the end of the day in the heated season?Ron Porterfield suggested getting a volunteer to do this.Treva McClanahan and Bill Bokus agreed that the board was getting away from the service agreementRon Powell recommended before the agreement was accepted that the board add these two things

(locking of the clubhouse in the evening and pulling the pool cover at the end of the day during the heated season) and put it out for bid.

Treva McClanahan raised the question as does this pertain to whole agreement or just to the one mere problem we had for a long time. She also stated no one wants weekends for these jobs and you won’t find someone to lock and unlock. McClanahan suggested putting a nice notice up, that the last one out of building locks and covers the pool.

Ron Powell understood that this has been the practice since he has been resident but he is concerned that the side door is not locked when he walks by.

Treva McClanahan conveyed that it was talked about a while back to pay Scott to lock the clubhouse and cover the pool.

Ron Powell raised the question, when hiring for maintenance why hire two or three people?Treva McClanahan responded and said a person doesn’t want to be tied down seven days a week and

then suggested that; finding a person who will do it, a person who needs it and has the time to do it.Bill Bokus replied that he will not work around the clock and will not give his labor away. He likes to

“keep the park beautified” but he was not going to “be some lackey seven days a week”; regarding the locking up, each owner has a key.

Treva McClanahan made a motion to accept the contract.Ron Porterfield seconded it.Ron Powell suggested that the board put it out for bid as $6000 is a lot of money.

“CITIZENS FOR A BETTER COMMUNITY”www.teampelicanharbor.com

Issue Two August 2010

NoteworthyMay 20, 2010

Pelican Harbor residents, Lorna and Fred Walter re-ceived a letter from Peli-can Harbor Civic Associa-tion stating they received several complaints about their guest and the land-scaping he does for some of the owners of the park. They were asked to notify their guest not to mow on Saturday and Sundays as this is disturbing to some of the residents.

In an effort to be pro-active and to remain informed of Florida ordinance, Team Peli-can Harbor, in conjunc-tion with the Charlotte County Court House, confirmed that there are no laws disallowing Sat-urday and Sunday lawn maintenance. Addition-ally, there are no current rules regarding mowing curfews stated within Pelican Harbor’s Civic Association’s Governing Documents

Treva McClanahan stated there has been a motion to accept it and it was seconded by Ron Porterfield and put out for discussion.

Board voted and it was accepted; Opposed by Ron Powell.Bill Bokus stated second thing up for discussion is the videotaping of meetings. Some are upset and according

to 720 videotaping is allowed and board can put reasonable restrictions. The president suggested the board vote on allowing taping or putting it down as an amendment.

Margaret Zitzmann proposed that videoing the board and association meetings only with the board’s permission.Bill Bokus replied that this is a motion and did anyone second it?Ron Porterfield seconded it and the president asked for discussion.Ron Powell stated if the board has read Florida Statutes 720, it states taping can be allowed and the board can-

not forbid it. They may place reasonable restrictions and if the board prohibits the taping lawyers can get involved.Treva McClanahan questioned what was considered reasonable?Ron Powell stated reasonable is not a total shut down and the board can have reasonable restrictions but they

cannot forbid it. Ron Powell firmly stated that this is the law and it says the board can adopt reasonable restrictions.Margaret Zitzmann suggested that the president check with their lawyer. Bill Bokus stated he has checked and he will recheck with the lawyer and stated do we want to vote on it or

discuss or change motions.Treva McClanahan stated to take a vote.Bill Bokus responded by asking all in favor to restricting video and only allowing taping with board’s agreement

or however worded. Margaret Zitzmann suggested maybe she will make a mend to her motion and can the board check with lawyer

to make an amendment to ask the people what they want.Ron Powell stated the bylaws cannot be written to exclude the tapings.Treva McClanahan responded by saying it is not stated that firmly that it cannot be changed.Ron Powell reiterated the Florida Statutes 720-306.Sharon Lewellyn inquired about the amendment cost as she thought the cost was $2000 and believes this is

costly.Treva McClanahan withdrew the motion and states the board should do more research on it and states if they

want to take our pictures God help them.Bill Bokus stated it didn’t bother him anyway and he didn’t know why people thought when you’re on camera

you will screw up and if anything you don’t screw up at all.Meeting is adjourned.Team Pelican Harbor believes that videotaping our association and board meetings is for the protection of all

parties so there will be a complete, informational record for all Pelican Harbor citizens. Furthermore, the president validated this in his statement at the May 3rd board meeting by his reply, ‘He doesn’t know why people think when you’re on camera you will screw up and if anything you don’t screw up at all.’

The Board of Directors accepted Bill Bokus’s proposed Service Agreement and his contract below remains in the ‘original format’ and ‘unedited’ by Team Pelican Harbor.

Service AgreementClubhouse:1) Clubhouse will be cleaned once a week.2) Air conditioner filters will be changed every six months.3) All windows and door glass will be washed once per week as needed.4) Bathrooms will be stocked with toilet items.5) Fans, Doors, Lighting, Windows, Locks, etc. will be kept in working order or will be repaired or re-

placed. Plumbing and electrical will also be maintained. (In the event a licensed elec. or plumber is needed Pelican Harbor will be liable for the cost.)

6) Trash and recycables will be collected and put for designated pick up day. (Trash generated by special events will not be the responsibility of the maintenance contractor.)

Kitchen:1) Kitchen will be cleaned once per week.2) All appliances and cupboards will be cleaned inside and out twice per year.3) Cabinets will be painted each year.Pool:1) Pool deck will be pressure cleaned as needed.2) Chairs, Tables and Benchs will be kept a good clean condition.3) Pool cover and roller assembaly will be kept in good working condition. In the event replacement is

called for, P.H. will purchase nesesary parts.Buildings:1) Exterior of all common buildings will be pressure cleaned at least once per year.2) Exteriors and interiors of buildings will be painted as needed.Walkways:1) Walkways will be pressure cleaned at least once per year.Wall:1) Park wall will be pressure cleaned at once per year.2) Wall will be repaired and /or painted as needed.Street Lighting:1) Bulbs will be replaced as needed.2) All repairs will be done as needed.3) Bases will be painted once per year.4) Lights that are on timers will be adjusted to coincide with sunset and sunrise as required except when

Pool Repairs will START FRI.NOTE: TO HE & SHE who called the Board of HealtH. All you have Accom-plished wAs to WASte the time of the board of health. They do not like an-noying calls. Unlike you I sign my name. P.S. Your LAWN People are not doing very well. Bill Bokus if you want to know why, see me.

equiped with photo cells, which will be repaired or replaced as needed.Roads:1) Roads will be kept clean and unclutered.2) Minor repairs will be done as called for.Grass Areas:1) Mulched areas will be refreshed and/or added to, thus maintain-

ing a neat apperance.2) All grass areas will be fertilized twice per year.Shrubs and Palm Trees:1) Any dead shrubs and trees will be replaced. P.H. will furnish new

shrubs and trees.2) Shrubs and trees will be fertilized twice per year.Landscaping:1) Fire ants will be controled on common grounds.2) All bushes and pepper trees will be trimmed back to keep from

encroching onto common areas, making grass more accessable to mow-ing. ex: Roads to retention ponds, parking, storage areas, common lots at sewer plant and lots 165,166,167.

Storm Drains:1) Storm Drains will be kept flowing at all times.Water lines:In the event there is a break in a common water line, valve or water

meter it will be repaired or replaced. If lic. tech is needed, P.H. will be liable for cost.

Hurricanes and Storms:1) All common areas, buildings and equipment will be secured

in the event there is destructive storm warning or a probable hurricane warning. After a storm or hurricane has past, all secured areas will be returned to normal state of condition.

All plants, trees, fertilizers, parts, equipment will be supplied by Peli-can Harbor. Any work that is not covered by the previous list, will be performed (with boards permission) by contracter and will be paid by P.H. for the labor cost.

Monthly Charges = $500.00These services can be terminated by P.H. or contracter without ex-

planation. Ron Powell inquired about adding the locking of the clubhouse and

pulling the pool cover up during the heated season and put it out for bid. Subsequently, Bill Bokus declared at the May 3rd board meeting ‘the break down per hour is two hours a week and it is just about ten dollars an hour and it would be more than two hours a week by adding this.’ To make sure Team Pelican Harbor reports the information correctly, the president’s statement was reviewed more than once from the videotaping and by more than one resident. Assessing the president’s statement; when providing his services at two hours a week for about ten dollars an hour, times fifty-two weeks calculates a salary of $20 a week, or $80 dollars a month and $1040 a year. The monthly charges of $500 submitted by Bill Bokus based on two hours a week and just about ten dollars an hour is calculated at $62.50 an hour. There are thirty- one items submitted in the service agreement and two (cleaning of the clubhouse and kitchen) are done on a weekly basis with the remaining twenty-nine on a “need to” basis or performed at once and twice a year. In addition, any work not covered in the service agreement that is performed is an additional cost to Pelican Harbor (labor and materials).

Pool SafetyCharlotte County Health Department came out to the park June 12, after

a call was placed to them by residents Warren and Monica Moore for safety reasons. The Health Department professional stated to the president that the pool needed to be closed for safety reasons. Pelican Harbor Civic Asso-ciation president stated to the Health Department Environmental Specialist that the residents were informed not to swim in the pool and the president placed a “closed” sign on the pool gate after the Health Department left the Pelican Harbor premises.

Monica and Warren stated to this publication that they are “confident in their decision to work with the Health Department for the safety of our Pelican Harbor residents.” Jon Ryan, Environmental Specialist for the Charlotte County Health Department agreed with the Moore’s as he gave them his business card and his personal cell number to notify him if they had any more concerns.

Regarding the president’s comment in his note left at the clubhouse re-garding Southwest Landscaping:

As Southwest Landscaping was hired by the board and it is the president’s opinion that the ‘LAWN People are not doing well’, Team Pelican Harbor believes that the community be surveyed. If the residents of Pelican Harbor are dissatisfied, then it is Southwest Landscaping that needs to be contacted with service concerns and not the Moore’s. However, it is Team Pelican Harbor’s opinion that Southwest Landscaping has been providing wonder-ful service.

July 14th Dick Sheetz left a note at the club house for the Board, inquir-ing about the progress of repairs to our pool. His letter was destroyed and no response, explanation or meetings had been communicated as to when repairs would be complete. July 20th. a notice was posted at the Clubhouse on the outside bulletin board stating that American Leak and Holiday Pools recommended that an engineer draw up plans to fill the deep end in to a five or six foot maximum depth pool. According to the notice posted, this will fix the leak and save on water usage and heating the pool water. A timeline or additional recommendations were not communicated in the posted no-tice to the community.

Legal IssuesTeam Pelican Harbor has obtained legal advice to address concerns on

the propriety of certain activities of the Association. The letter was ad-dressed to all board members June 8th and answered July 7th by the Board’s attorney Charles Boyle. His correspondence stated that the Association is

*In regard to the president’s note left at the clubhouse presumably for the Moore’s:*

Pelican Harbor residents may now view the Team Pelican Harbor web site. Included on the web site are our Governing Documents, Florida Statutes, newsletters from Team Pelican Harbor, detailed monthly budget, videos of the meetings and a blog for all to express their views and comments. The Pelican Pride August issue will be mailed to all of our residents. Thereafter Team Pelican Harbor news will be sent to Pelican Harbor residents via electronic mail and newsletters can be viewed on the web site as well. Emailing newsletters will ex-pedite communication and help reduce the cost of postage. If you do not receive emails in the future please check your spam folder as your computer is most likely set up to block certain emails. The following are emails sent to Team Pelican Harbor’s email expressing views.

During the five years that we have lived in this park, I must say that the common lawn areas have never looked so nice! Within just a couple hours the maintenance crew is in and out of here, not only mowing, but also edging and blowing the debris away. This crew does a great job! I believe that the folding picnic tables could be put away to make the job somewhat easier - in the past years, they have been put away. Also, it’s really nice that they don’t do their mowing and trimming on the days all the garbage cans are in the medians. It’s just my opinion that they do a great job, but I real-ly do want people to know that these small items greatly contribute to the appearance of the park! – Maggie Clark

As a permanent resident of Pelican Harbor I am concerned about the tone of the letter written by our president as it seems that he is out of touch with some residents of the park. Good communi-cations with people would solve many problems. A clear and honest implementation of the rules and regulations of the park would help clear up any misconceptions; also an end to nepotism by the board would help a lot. The rules were voted in by the residents and it is up to the board to see that they are carried out without any favorit-ism. Pelican Harbor is a great place to retire. Let’s do things right, as this is the way they should be done. - Richard Sheetz

“Thank you for this publication. We greatly ap-preciate being able to read minutes of meetings other than the management site version. I too am concerned at the accusations by the park Presi-dent. His letter serves no purpose but to antago-nize his detractors. I would like to know the whole story. There are always 2 sides and the truth.” – The O’Connell’s

not required to respond to the questions and matters set forth, however he would discuss the issues raised by Team Pelican Harbor if he was contacted by Team Pelican Harbor’s at-torney. To date no answers to the inquiries asked by Team Pelican Harbor to the follow-ing activities:

• The liability issues for the Pelican Har-bor Civic Association because of the use of an unlicensed worker for repair of electrical and plumbing.

• Compensation of all workers including directors of the association and detailed cost reimbursement agreements the association maintains with any workers or directors of the association.

• The governing authority of the associa-tion prohibits directors from receiving com-pensation for services.

*Pelican Harbor Governing Rules Sec-tion - 4.8. (Compensation)

No Director shall receive compensation for any service rendered to the Association. However, any Director may be reimbursed for actual expenses incurred in the performance of duties.

• A reduction in units from 142 to 141 – Reduction would require a change in the Declaration of Covenants and Restrictions of the Association through an amendment.

• The Association has repeatedly filed an-nual reports with the Secretary of State under penalty of perjury indicating that one board member Treva McClanahan is not a director.

*Pelican Harbor Governing Rules - AR-TICLE VIII (Directors)

The number of directors constituting the board of directors of the Association is seven (7). The terms and method for electing direc-tors shall be stated in the Association’s Bylaws. The directors’ names shall be recorded annu-ally by filing the annual corporate report with the Florida Secretary of State.

Sunbiz.orgFlorida Department of State Divisions of

Corporations is a free web site search that allows citizens to exam annual reports filed by non-profit organizations (such as Pelican Harbor). Records will be detailed by entity name under Florida Non Profit Corpora-tion. Pelican Harbor Civic Association, Inc. has repeatedly filed annual reports with the Secretary of State under penalty of perjury, indicating that one board member, Treva Mc-Clanahan, is not a director.

According to Florida Statues 720.303 Para-graph 5 - Inspection and Copies of Records - The official records shall be maintained within the state and must be open to inspec-tion and available for photocopying by mem-bers or their authorized agents at reasonable times and places within 10 business days after receipt of a written request for access. After inspection and copies of Pelican Harbor’s re-cords, Bill Bokus’s holds A Local Business Tax Receipt which is a tax that is paid to conduct business with a county or municipality and is not a license to practice contracting. It is im-portant for our community to understand the difference between a licensed contractor and a local business tax receipt. Past work done for

our park by the president but not inclusive of electrical, irrigation, painting, installation of water meters, and insect spraying, requires by Florida Law an individual to hold a license for each of these contracting services.

In addition, inspection of reimbursements by Bill Bokus, the approved service agree-ment neglects to advise the charge for mile-age reimbursement which is turned in by him on a monthly basis. It should also be com-municated that equipment purchased by the park is used for private jobs and an additional compensation from private parties is made by this. It is Team Pelican Harbor’s view, when an individual calls to have a job quoted by a service provider, that the supplier invoices be detailed for the cost of labor and materials. It is Team Pelican Harbor’s belief that it is a highly unusual practice to charge mileage to their customer and require the utilization of a customer’s equipment or tools. Upon closer inspection of receipts there was confusion on what was charged to the park and what was bought for personal use. It is Team Pelican Harbor’s position that invoices should serve as a bill of services detailing the job and prop-er records help in creating a paper trail and clarify receipts.

Calls were placed to Gateway about the concerns of opened proxies before the Feb-ruary election. The statement was made by Gateway’s Cindy Clark - it keeps things main-streamed and speeds up the process. When inspecting the proxies for the February elec-tion it looked as if several proxies were not filled out properly according to directions and were counted for the election. It is Team Pelican Harbor’s viewpoint there should be an adopted procedure for writing the proxy, col-lecting it, verifying it, marking it, and assign-ing it to a mediator. Team Pelican Harbor also believes that members who don’t attend the meeting do not hear the discussion and may have marked their proxy based on misinfor-mation or on no information at all. Further-more it is Team Pelican Harbor’s opinion that one person can collect many proxies, and can influence the outcome of the vote. Team Peli-can Harbor undeniably believes members are basically giving their rights away to another to decide for them. The most important point Team Pelican Harbor hopes our community understands is that all members should take a sincere interest in the governing of our associ-ation. All should make every effort to attend meetings and be informed about the activi-ties, problems, and operations of the associa-tion so that they can cast an educated vote on the business presented at meetings.

You May Now View The Team Pelican Harbor Website: www.teampelicanharbor.com

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