Dear RBC supporters:
At the start of the July 20, 2016 PLCA Board meeting, it was announced that minutes and recordings of this and future meetings would only contain motions and votes. Thus if you are not present at the meetings there may be no way to know what was discussed, what objections or suggestions were raised, or how voting positions were reached. Though it is clear that this meeting was recorded in full by the PLCA secretary, when we asked to copy the digital recording, PLCA provided a recording that had been altered to eliminate much of the meeting. Both of these changes are significant reversals of long practice. No reason, no debate and no clear vote were part of this change in procedure. It is particularly unfortunate that these changes came during this meeting as critical issues to us all and the future of our Association were on the table.
Fortunately, an independent recording of the entire meeting was made and a link to that recording appears below.
All owners should be informed about two critical issues summarized below:
First Critical Issue: As most of you by now know, Manager Marie Martel has announced that she will be retiring as of mid February 2017. The Board has appointed a “committee” to make recommendations about finding a replacement and they are expected to report to the Board in August. Estero Councilman and Colony resident Bill Ribble spoke, encouraging the Board and committee to engage a professional search firm to find us the best option and one with “no baggage” from the past. (Of most importance to us here is that there be no connection to WCI or our current administration so that as a community we can move beyond and forward.) Ribble asked the Board if they had a position description and a list of criteria. The answer was no. He also noted he had seen no advertisement for the position. (Hear his remarks at minute 39:30 on the tape.)
ACTION: We urge you all to let the board know that you support having an independent professional search firm aid us in finding the best candidate. And, if it is decided that PLCA should be managed by an outside management firm, that you support having whomever we hire have no connection to WCI or to PLCA insiders. In other words, we want a new face with, as Ribble notes, “no baggage to the past”.
Please send an email to or call the PLCA Board members and let your voice be heard. Their contact information is below:
PRESIDENT: Clyde Knowles email@example.com (239) 390-2191
VICE PRESIDENT: Shirley Withrington firstname.lastname@example.org (239) 221-8502
SECRETARY: Jet Tipton email@example.com (239) 425-5760
TREASURER: John Tomlinson firstname.lastname@example.org (239) 949-7780
Second Critical Issue: With virtually no notice or time for review and study, WCI used the age-old tactic of creating a “false sense of urgency” to force the PLCA Board to vote upon and sign a Resolution with vast implications to the future of Pelican Landing. This resolution was penned by PLCA’s attorney Tom Hart in discussions with WCI’s outside counsel (the same firm representing WCI against RBC’s challenge to the turnover plan). Last minute negotiations then occurred between Attorney Hart and WCI VP, Paul Erhardt, the night before the board meeting (which was just hours after that same morning’s court hearing/argument in RBC v WCI). This resolution was dropped on the Board sometime after 7 PM for the next day’s board meeting! None of us present had seen it. No one knew its contents or implications. Basically, WCI demanded a unanimous vote of the Board to support the resolution and they wanted it by Friday, July 22 … or else … WCI would not “fix” the incredibly convoluted and incomprehensible Board election process mandated in their late May “Turnover filing”. Note: This filing includes a claim that WCI can annex/add any properties it wants into PLCA and that WCI can create two additional Board seats post turnover for these newly annexed properties.
RBC is challenging WCI’s mandated turnover design as being in contravention of the design our Declaration requires for a post turnover Board; RBC is challenging WCI’s claims that it can annex/add properties into Pelican Landing and; RBC is challenging WCI’s claim that it can exercise control of our documents post Turnover.
You will see by listening to the excerpts identified below that residents voiced huge concern that this resolution was an effort to force the board to vote on the record in support of WCI’s turnover plan including annexation and adding more board seats.
Despite the many concerns expressed by Board member John Tomlinson and many of those present, three members of the Board, with Hart’s apparent urging, voted in favor of the resolution. Click this link to read the resolution 7/20/16 PLCA BOARD RESOLUTION
To listen to the discussion on this, click on the link below and fast forward:
CLICK HERE TO ACCESS THE RECORDING
- Clyde Knowles explaining the resolution (beginning at minute 43:18)
- The resolution no one had seen was read aloud (beginning at 51:00)
- Attorney Hart’s explanation (beginning at 55:54)
- John Tomlinson voiced multiple concerns (beginning at hour 1:00)
- RBC President Bob Loos (retired attorney) voiced concerns about the WCI trap/setup and their demand to sign this resolution (beginning at 1:01:20).
- Anne Cramer’s remarks (beginning at 1:04). Including Hart’s defense of the so-called commercial “at large seat” in the WCI plan.
- Bill Ribble’s recommendation to table this resolution and make sure we know what we are doing (at 1:09)
- Barb Craig’s comments urging caution, more discussion, more consideration and noting this looks very much like a WCI effort to pull the Board in as a party to the RBC law case. (at 1:10:25)
- Ben Korbly raising various issues (at 1:12).
- Attorney Hart defending WCI’s demand for the Board to vote for the resolution (at 1:17)
- Board member John Tomlinson on why he will not vote for the resolution (beginning at 1hour: 19.49 and again at 1 hour: 30 min)
- Board President Clyde Knowles voiced “trust in Hart” at 1:32:25). BUT NOTE: Hart had not provided the BOD with a written opinion nor did he provide a clear oral opinion during this meeting on what the Board should do and why).
Following this discussion, the resolution passes 3 to 1. Hart notes for the record that even though it is not unanimous, as WCI demanded, the motion passed.
Finally, several important comments were shared during the Open Forum:
- Attorney Hart explained that the marina purchase gave WCI 200 “beach use rights” for the “Raptor Bay Properties” and admitted that this giveaway includes the Weeks Property. (at 1:44:51)
- Bob Loos asked to have a copy of the engagement letter with outside counsel and the Board admitted there is no such agreement. They also admitted that as yet the board has no legal opinion from the outside counsel but claimed they will have an opinion in writing from Hart and the outside counsel in mid August. (At 1:50:00)
From there to end of tape (about 10 min) many questions raised about various turnover issues.
RBC Fundraising Campaign Continues
The legal fight to maintain the viability of our community requires money and expertise. We have hired Richard DeBoest to represent us in this challenge but need your contributions to pay for it. Please send your check made out to “Goede, Adamczyk Trust Account” (with “RBC” on the memo line) to
Richard DeBoest, Esq
2030 McGregor Blvd
Ft. Myers, FL 33901
Please include your name, email and home address on a separate piece of paper.
All contributions will remain anonymous and any funds not used will be returned pro rata. Thank you for your support!
Why funds are needed