TRANSCRIPT
OF RECALL MEETING
HELD
AT
LIGHTHOUSE
POINT
PLAZA
MONDAY,
NOVEMBER 24, 2008
Association
attorney, Robert Kaye [RK], began the meeting at 2:35 p.m. at
the North Clubhouse, Lighthouse Point Plaza Condominiums, 4500 N. Federal Highway
,
Lighthouse Point,
Florida. He was not asked
to chair the meeting by board president Maryann Casatelli.
Pledge
of Allegiance was recited. Present
were Bert Aufreiter [BA], Una Fay Bowen [UFB], Maryann Casatelli
[MAC], Patricia Monahan [PM], Anne Nappo [AN], Dianne Richards
[DR] and Maggie Williams [MW].
Rosemary Hansen [RH] was on the speaker phone. Also present were Russell Fields, community association
manager, two other personnel from Davenport Management, and an
associate from Robert Kaye’s law firm.
Kaye:
Notice of meeting with agenda was posted on condo
property by Bert Aufreiter and Bill Daum at approximately 11:30
a.m. on Saturday, November 22, 2008, more than 48 hours’
notice for this meeting.
First
order of business is to appoint a replacement for the vacancy of
board director. Maryann
Casatelli moves for Dennis Plaska to be nominated.
Maggie Williams contests such an appointment.
Mr. Kaye states “You are not recognized”.
Ms. Williams states “This is a Recall meeting”.
Owner
Robert Schmidt states “This is a recall meeting”.
Mr. Kaye states to him “You are not recognized”.
Mr. Schmidt states “The only thing to be done at this
meeting is the recall”.
RK:
Your objection is noted.
You will have your chance to speak later.
MW:
We want to know if you will certify this Recall.
RK:
It’s a board meeting.
MW:
No, it is not; it’s a board meeting for a Recall.
Owner
Thiam Bowe states “It is a board recall; that’s why we are
here”.
RK:
Mr. Plaska, are you accepting the nomination?
DP:
Yes.
RK:
Board members, are you in agreement?
Unison:
Aye.
RK:
Opposed? Maggie
Williams and Dianne Richards oppose.
Five for and two against.
RS:
You have to address what is to be done first.
RK:
Next order of business is to consider the proposed recall
agreement submitted by the board.
MW:
You are out of order.
RK:
We will take a motion not to certify the recall and to
authorize the attorney to certify the Petition for Recall
relative to Una Fay Bowen.
MC:
I move.
PM:
I second.
RK:
Motion has been made by Maryann Casatelli and seconded by
Pat Monahan not to certify the recall as to Una Fay only and to
certify the recall on the other three board members being
Maryann Casatelli, Bert Aufreiter and Anne Nappo.
The reason for this particular situation is that the
proposed Recall consisting of 114 agreements which were
submitted, of only 107 were submitted for Una Fay – you need
109. You do not have
a majority for one of the three [sic].
It was decided by those [3] others involved not to
confirm the signatures [on the ballots] and to accept the
recall, but to submit the [proposed recall of Una Fay] to
arbitration.
MW:
When will I receive the copy of the rejection [appeal] of
Una Fay.
RK:
I do not understand the question.
RS:
To see the ballots that are not correct. Under the recall law you cannot have board members go out
and solicit, coerce or otherwise antagonize other people to
change their vote. I
saw the board member in front of me present the official
document.
RK:
You couldn’t be more wrong. You show me the law.
RS:
No, you show me the law. You’re the attorney.
RK:
I’m not here to argue with you. We have a motion from the board.
Is there any discussion by the board on the motion?
Thiam
Bowe: You have not allowed anyone to speak.
RK:
Not now; I will allow members to speak but right now
it’s a board meeting.
Another
owner, and Thiam Bowe say owners and board members need to give
their name and unit number when speaking.
MW:
Do you have copies of what you are proposing here?
RK:
They’ll be submitted in a Petition for Arbitration.
MW:
As the Representative on the Recall, you need to give me
the copy. I have 24
hours to look at them.
RK:
If you say so.
Owner:
Don’t you know, sir?
Don’t you know the law?
MW:
And you are saying Una Fay is the only one that is...
RK:
Not being contested.
MW:
And it’s 107 votes for Una Fay?
RK:
Not sufficient.
RK:
Board members vote, Maryann?
MAC:
Here.
RK:
Either yes or no.
MAC:
Yes.
RK:
Una Fay?
UFB:
Here. Yes to
submit it to arbitration.
Pat
Monahan, Bert Aufreiter and Anne Nappo and Rosemary Hansen vote
Yes. Dianne Richards
and Maggie Williams vote no.
DP:
Yes.
MW:
He’s not approved as a board member.
You named him but he has to be ratified at the next board
meeting. He does not
have a vote.
RK:
Since the proposed recall does not name a majority of
the board to be recalled, those individuals named on the
document to replace the board members would not be elected, in
the Statutes. The
board members that are currently in place will appoint to fill
any vacancies that exist at a later time.
It is not their desire to do so now, as set forth in Sec.
718,112 (2)(j), Florida Statutes.
If the board chooses to fill the vacancy at a later time,
it can be done. Otherwise
if the board chooses to wait until the annual election and
operate with a 6-member board, the board can do that as well.
It’s the choice of the board going forward.
At
this point we can open the floor to discussion on the recall
issue.
TB:
I am Thiam Bowe, Block H, 270.
I do not often come to meetings and I am totally appalled
that we are spending legal money for you to come without board
approval and for people who are incompetent for making small
things that could avoid legal [counsel] into issues for you to
come in.
RK:
That is not to do with the recall, but thanks.
Anyone else?
Owner
Jackie Berning: This is my first meeting.
I am in 122. I
have the same question. Why
is a lawyer at a board meeting?
RK:
Majority of the board requested it as there are technical
legal issues involved and that’s their right.
Owner
Mavis Fisher:
And two other lawyers.
RK:
No, they are from the management company.
One lawyer with my office is here for observation.
RS:
Rob Schmidt, 240. My
question is, at whose expense is the second attorney attending?
RK:
Mine.
RS:
We put you on notice, as you weren’t here for the last
meeting, we put on notice that any moneys that would be spent ,
that you would have to absorb that on your own.
RK:
You do not have the right to put the board on notice what
they can or cannot spend.
RS:
That is why we have a Recall.
If you contest it, it has to be at your own expense.
RK:
Wrong.
RS:
Show me where in the Statute book, where it says that.
RK:
I suggest you get your own attorney.
RS:
I don’t need, I have a Statute book.
I don’t need my own attorney.
RK:
You clearly do, sir, to advise you.
I am not your attorney.
RS:
You are my attorney.
RK:
I am not here to argue with you people.
I am recognizing the gentleman in the back.
TC:
My name is Tom Chrietzberg, 268 H.
I have lived here for 20 years.
I have had the pleasure of seeing more representation in
the past two years than in all the 18 years before.
And I see our legal bills have quadrupled, and yet you
have the audacity to say “I am not your attorney”. We are the ones who foot your bill, we pay you to
represent us. If you
do not represent us, you need to inform us of that now and you
can just leave. [Inaudible] get insulted some place else because
your help is not needed.
RK:
I am not insulted in the least. You are out of order because it is not on the issue of
the recall. Anyone
else have a question on the recall?
If not, we need to move on to the next item on the
agenda, which is whether or not to reorganize the offices of the
board as certain officers are recalled at the end of this
meeting.
DR:
Why don’t they just leave now?
AN:
We live here and we can sit here just like you can and
they can.
DR:
Since you have been recalled you can sit in the audience.
AN:
Don’t tell me I should leave.
RK:
The office of president will be vacant after today so if
someone would like to make a motion on filling that seat, now
would be a good time to do that.
MW:
That’s out of order.
DR:
We need to hold off as we are going to be bringing in
other people and then we’ll make a decision about who is
president.
RK:
You don’t function in the meantime.
DR:
Well, we will function because it’ll be very fast.
TB:
I will run; will you approve?
AN:
Sure, I’d vote for you, I think if you got elected, yes
I’d vote for you.
RK;
You don’t get a vote.
MF:
Is this vote by the three members who are left on the
board?
RK:
No, there are currently six [sic] members left on the
board.
MW:
This is something that, after the committee for the
recall has talked, then it can be decided, but it is not ...
RK:
It has nothing to do with the committee ...
MW:
Yes it does. I
have been legally advised by the Ombudsman and our lawyer ...
DR:
They are going to be replaced by the people on the recall
form, they are going to be replaced today.
RK:
To the board?
AN:
I am thrilled. [Inaudible}
MW:
Three people out of those four need to come up here.
PM:
I move to appoint Dennis Plaska as president of the
board.
RK:
Do I have a second?
MW:
You cannot do that. You
need to read your docs.
RK:
Do I have a second?
UFB:
I second.
MW:
Robert Kaye, you are illegal by even suggesting this.
RS:
You didn’t answer my question.
RK:
In a second. Is
there any discussion among the board?
MW:
It’s illegal. He
isn’t even ratified yet.
DR:
Una Fay is maybe a little bit incompetent to be on the
board.
RK:
Is there any discussion among the board members about the
question.
[All
speaking at once. Some
words emerge on the tape.]
PM:
... stealing our money.
DR:
No, no, you can’t do this.
RK:
Those remaining board members ...
MW:
Would you like to say that again?
RK:
All in favor?
DR:
You are carpetbaggers.
AN:
You are delusional. You
are a sneaky woman and a jerk.
RK:
Dianne, are you in favor of the motion?
MW:
It is illegal. There
is no legal motion.
AN:
She made me sign checks that I was not supposed to sign.
I know what I’m talking about.
RK:
Dennis, yes or no.
DP:
Yes.
RK:
Okay, then .... [inaudible]
RS:
He has to get approval.
MW:
He’s been nominated but you have to wait.
That shows how much you know about the law.
AN: I think you would have to, too.
RK:
There is no other business to come before this meeting.
AN:
You know what, you are very right and that goes for both
sides of the board.
RS:
Dennis has not been approved as the president.
It’s against the law to go out and solicit.
RK:
There is no other business for this meeting and I will make
a motion to adjourn. Motion
to adjourn anybody?
PM:
I will make a motion to adjourn.
RK:
Meeting adjourned at 3:50 p.m. [sic, 2:50 p.m.] We’re
done. Thank you all
for coming.
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