POPD RADIO LOG TICKER

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THE POLICE RADIO LOG IN THIS SECTION.

click on links in twitter news ticker to go to articles

WESH 2 News@WESH 2 mins ago Worms found in burgers at 2 Kentucky McDonald's restaurants https://t.co/m4IImNelKO
New web page link on top: Liens: 8 28 216 https://t.co/jYUZbORwHb https://t.co/n7J1QLQt2l
92 degrees at 256pm in #portorange 8 28 16
1251pm 830 airport road physical fight between father and son 8 28 16 #portorange police radio scanner
1240 pm 1xx w piedmont ave. suspicious person #portorange police radio scanner 8 28 16
1221pm 18xx james st. male "slammed her down to the ground" 8 28 16 #south daytona police radio scanner
Remember? Election day for Port Orange Mayor and City Council seat. August 30, 2016. Tuesday
sabel point.#portorange police investigating possible suicidal male 108pm 828 16 police radio scanner
830 airport rd. father beating up son.1257pm 8 28 16 #portorange police radio scanner
3690 36xx nantucket island. smell of natural gas. 1256pm 8 28 16 #portorange police radio scanner
How nice it is to have a daughter near by who helps me out when I put my back out of whack. Thanks Linda. I appreciate it.
Rules and Regulations for STWHOA 8 28 16 https://t.co/EpHnyUTPuF
dunlawton and nova mva with reported injuries 1027am 8 28 16 #portorange police radio scanner
beville and ridgewood mva 1018am 8 28 16 #southdaytona police radio scanner
64xx nona?ct illegal parking 10 18am 8 28 16 #portorange police radio scanner
807 beville rd broken bicycle in front of the business 1013 am 8 28 16 #southdaytona police radio scanner
15xx rustic? circle car break 1009 am 8 28 16 #portorange police radio scanner
Burglary - Residence(UCR class) 160007556(POPD) 6100 BLOCK KNOTTY PINE CT 8/25/2016 @ 6:51 AM Port Orange Police https://t.co/o6vwsucq3z
i think dog of naked male is going to be put in the kennel. portorange police radio scanner 734pm
granada approach to the beach theft report 708 pm beach patrol radio scanner
WESH 2 News@WESH 1 min ago Whale dies after becoming stranded near Ponce Inlet https://t.co/RfJlkzUXsy
PARKING lot west of ymca rescue requested to assess this naked male under arrest 659pm portorange police radio scanner
white male under arrest. i guess this is the naked male maybe near the administration building city center? portorange police radio scanner
port orange police located the naked male. i didnot hear location=. 652pm 8 27 16 police radio scanner
naked male with small dog by ymca portorange police radio scanner 645pm 8 27 16
RT @RKNewsJournal: Police: Argument over relationship, child custody leaves #PortOrange mother of 2 dead. https://t.co/eTX86bNe7M https://t…
54xx taylor ave warrant investigation 635pm 8 27 16 -[port orange police radio scanner
elmwood mobile home park window screen off window raised home owner out of time. 627pm 8 27 16 portorange police radio scanner
south bound nova from reed canal motorcycle speeding and cutting people off southdaytona police radio scanner618pm 8 27 16
male walking around liabray naked with a dog. portorange police radio scanner 615pm 8 27 16
RT @dbnewsjournal: Police looking for suspect after Deltona TD Bank robbed. https://t.co/UiXJARSlJB https://t.co/DKNrrA4dhU
Aug 30 2016 vote for Mayor of Port Orange, and one city council seat.
RT @CecilBrumley: Latest to start build out at Tanger outlet center, D.B., are Wilson's Leather and G.H. Bass.
noise complaint 1700 s palmetto ave 1028 am 8 27 16 Southdaytona police radio scanner
armed robbery bank in deltona,providence,black male left on foot.914am.8 27 16. police radio scanner
New York Magazine@NYMag 505am 837 am EpiPen coupons are about to become more valuable than gold: https://t.co/JOjYSqpOND
RT @NYMag: EpiPen coupons are about to become more valuable than gold: https://t.co/Z0Yzc9ypJa https://t.co/YGEN646HJm
Burglary (UCR class) 0 BLOCK CHERRYWOOD CT 8/24/2016 @ 2:14 PM South Daytona Police https://t.co/o6vwsucq3z

——

Most of my postings go first on face book at  https://www.facebook.com/portorangeareanews

radio log gets posted at   https://www.facebook.com/portorangeareanews

and radio log gets posted on twitter at Port Orange News @poimages

and radio log get posted on this web site www.popdradiolog.com 

========

Thank you all for your interest.From Hank Springer 1257 pm 9 23 15

Phone me when you know of something happening locally. Hank at 386 852 3178

A good web site for Port Orange Political news and comments is http://port-orange.us/

LIVE AUDIO PORT ORANGE POLICE RADIO SCANNER AT http://port-orange.us/

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crime in bay grove dr area 8 21 16,Port Orange

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Vehicle Break-In / Theft

CarBreak (UCR)
1400 BLOCK BAY GROVE DR
8/21/2016 @ 6:00 AM
Port Orange Police

—————————
Burglary

Burglary – Residence(UCR class)
1400 BLOCK BAY GROVE DR
8/21/2016 @ 5:54 AM
Port Orange Police

—————————
Burglary

Burglary – Residence(UCR class)
3800 BLOCK GROVE VIEW LN
8/21/2016 @ 5:24 AM
Port Orange Police

News-Journal Article About Candidates for Mayor of Port Orange, 2016

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Mayor of Port Orange, CAMPAIGN FINANCIALS TO DATE:

(election day is 8 30 16)

Don Burnette

Contributions $18,790

Expenditures $12,444.30

Lance Green

Contributions $9,405

Expenditures $5,363

Ted Noftall

contributions $9,204

Expenditures $6,123.44

read more at http://www.news-journalonline.com/news/20160820/port-orange-mayoral-race-to-set-climate-of-new-era

—–The following is a copy of an e mail sent to Pat Rice,Editor of the Daytona Beach News-Journal, by Ted Noftall,Candidate for Mayor of Port Orange, sent on 8 21 16.  Ted is responding to an article published at http://www.news-journalonline.com/news/20160820/port-orange-mayoral-race-to-set-climate-of-new-era

Pat,

Not only is today’s article   Port Orange mayoral race to set climate of new era   factually incorrect

*  Councilman’s  salary is not $5,666.70 as reported

*   Mayor’s salary is not  $ 7,750 as reported

*   Candidate  Lance Green is not currently employed as a General contractor or as a  Realtor  as reported,   but rather as  part of the management team at  Paytas Homes Inc,  a major builder in the Port Orange.

*   I am not the current Treasurer of the VCSWCD as I resigned  some months ago to run for Mayor.

*  What in the heck  does  the following  statement even mean.   ” the citizen-led board siphoned files over $ 411,500 in unauthorized water meter purchases. “

 BUT YOUR DECISION   only days before the election to quote the outgoing Mayor  as  ” I defiantly do not support Ted  ”  and  imply it was because of the ” awful ”  endorsement practice of Republican Executive Committee,  AND not because of my personal criticism of his many actions   without giving me the opportunity to respond  is devoid of journalistic ethics.

 

Had you spoken with me I would have advised that his disdain for my candidacy is likely personal as  I  have been a loud critic of many of his actions including :

*   Withholding  information from Council  (  Finance director sweetheart retirement deal,  Payroll mis-appropriations,  Un-authorizes berm removal)

*   Shutting down the ” daily  read  files ” which not only included the Manager’s correspondence but the Mayor’s also.

*   His support for difficult to understand budgeting and  incomplete financial reporting

*   His request to Council  to cancel approximately  $10,000 in water bills at his Jackson street property.

Not to mention that  Mayor Green is not even a member of the Republican party,  or  that his son was a willing  participant in the Republican  endorsement process right up to when he received 3 votes to my 53 votes in that process which you report the Mayor considered ” awful ”      I would imagine  so  –  but not for the reason you reported.

If ever there was an article in need of a factual and ethical  re-do  this would be it.

 Ted Noftall

All above posted at http://www.popdradiolog.com 1257pm 8 21 16

 

 

Links to Video of part of the Flood Task Force Forum

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Dianne Gardner’s take on the flooding              https://youtu.be/cCysyyIfldc

Bob Ford’s take on the flooding                        https://youtu.be/ThQ3rE3tJZA
posted http://www.popdradioilog.com 923pm 8 20 16

Links to Videos of candidates for city council, mayor, Port Orange 2016

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Here are the links to videos for the Alliance of Homeowners Associations’ debate/forum.
I think it was held on Aug. 12,? , 2016 and was held in the Port Orange City Hall Council Chambers.

3 candidates for Mayor of Port Orange.

2 candidates for Port for one city council seat.
Election day to vote is 8 30 16

AHOA debate Segment 1                    https://youtu.be/qTSEG2IKJto

AHOA debate Segment 2                    https://youtu.be/WVcmxSgEHcU

AHOA debate Segment 3                    https://youtu.be/PItUEVSxlbk

AHOA debate Segment 3                    https://youtu.be/NHv9oEbuBJI

robbery at the Dollar General at 5420 Ridgewood Ave.

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The Port Orange Police Department Criminal Investigations Unit received an anonymous tip regarding the robbery at the Dollar General at 5420 Ridgewood Ave. The anonymous tip provided a name of a suspect, Travis Heidinger, w,m, dob 01/26/74. Upon further investigation it was found that Travis Heidinger was possibly located at Stewart Marchman Center, 1150 Red John Rd. Daytona Beach. Port Orange Detectives located a vehicle in the parking lot matching the description of the one used in the robbery that was registered to Travis Heidinger. Detectives made contact with Travis Heidinger as he exited the building.

Travis Heidinger was arrested after providing a confession that he had committed the robbery. It should be noted that the money/cash was not located at this time and detectives are awaiting a search warrant for the vehicle. Travis Heidinger will be transported to the Volusia County Branch Jail with the criminal charges of: Robbery w/out a firearm and violation of probation.

posted 542pm 8 18 16 http:..www.popdradiolog.com

Port Orange City Election Candidates Forum 8 18 16, 7to9pm,City Hall

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Port Orange City Council Candidates Forum 8 18 16, 7 pm to 9pm  at Port Orange City City Council Chambers

8 18 16 forum

posted 1202pm 8 18 16 http://www.popdradiolog.com

NEWS OF SUMMER TREES WEST HOA 8/16/16

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stw tree plant

NEWS OF SUMMER TREES WEST HOA

Coming soon a new web site for Port Orange. https://newsofsummertreeswesthoa.wordpress.com/news-of-summer-trees-west-hoa/

Perhaps today, 8 16 16 I can start working on it and build it forward.

This web site will be published and edited by Hank Springer a citizen journalist and resident of the stwhoa.

The stwhoa is at a critical stage in its history with changes and challengers to be addressed.

I hope as we move forward the web site will provide news to the community, references to HOA issues, plans, work in progress, and a comment section for stwhoa residents.

It is hoped that community residents will be kept apprised of new issues in the community, and updated on old issues.

Community residents will be able to send to the editor pictures of the stw community, and hopefully we can build up again the perspective of the Summer Trees West community. Should I say, “Make Summer Trees Great Again”?

The publisher will provide a STW e mail list for those who want to be put on it and they will receive references of new postings.

The web site for STWHOA which is presently on the Atlantic Management Company will be periodically checked by the editor of newsofsummertreeswesthoa and references to significant articles posted by AMC will be published on Hank’s web site.

Not all members can get to or desire to go to board of directors’ meetings, and Hank hopes his new web site will provide a needed resource for the residents in Summer Trees West.

Hank’s web site will be developed (hopefully with no problems) sometime during this week.

If you want to get on the e mail alert list for http://www.newsofsummertreeswesthoa.com and be almost immediately advised about the updates of how the new web site is going, send your e mail address to Hank at poimages@outlook.com Hank if he makes no mistakes (sometimes I goof) will send out e mail alerts by BCC.

Stay tuned.  Here goes the old guy again, probably having trouble setting up the new web site.

A note to everyone.  Go Daddy web site server is just great.  They call me up about every 3 months to see how everything is going. Today they asked me about an old web site I am no longer using and asked if I wanted to cancel it.  I asked if I could cancel that web site and start a new one, and the salesman said, no problem, we can use the account I already have and he did it all for me while I was on the telephone.  Now I have to find my old password to get into my Go Daddy account and get started. (I almost typed “Old Daddy account”.)

I’ll get back to you. – Hank springer

Posted 1216pm 8 16 16

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Is it possible for Summer Trees West HOA to foreclose on a house in the community, sell, and use the money to build a new clubhouse? Read more about the Summer Trees West HOA, Port Orange, at http://www.popdradiolog.com

In the search dialogue box on the home page type in Summer Trees West HOA and click to find all the articles. — hank springer, published 8 15 16

Category: Port Orange News | Tags: , ,

International Corruption

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I wonder if our CIA is involved in international corruption. Money to be had there. — hank springer

an excerpt follows from the New York Times

…The accounting records surfaced this year, when Serhiy A. Leshchenko, a member of Parliament who said he had received a partial copy from a source he did not identify, published line items covering six months of outlays in 2012 totaling $66 million. In an interview, Mr. Leshchenko said another source had provided the entire multiyear ledger to Viktor M. Trepak, a former deputy director of the domestic intelligence agency of Ukraine, the S.B.U., who passed it to the National Anti-Corruption Bureau.

The bureau, whose government funding is mandated under American and European Union aid programs and which has an evidence-sharing agreement with the F.B.I., has investigatory powers but cannot indict suspects. Only if it passes its findings to prosecutors — which has not happened with Mr. Manafort — does a subject of its inquiry become part of a criminal case.

Individual disbursements reflected in the ledgers ranged from a few hundred dollars to millions of dollars. Of the records released from 2012, one shows a payment of $67,000 for a watch and another of $8.4 million to the owner of an advertising agency for campaign work for the party before elections that year.

“It’s a very vivid example of how political parties are financed in Ukraine,” said Daria N. Kaleniuk, the executive director of the Anti- ….

read more at http://www.nytimes.com/2016/08/15/us/politics/paul-manafort-ukraine-donald-trump.html?hp=&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news&_r=0

posted 8 15 16 http://www.popdradiolog.com

I Am Mad As Hell, And Can’t Take it Anymore!

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i_can_t_take_it_anymore_by_emboie1817-d4hhw02

—–A message to the national Democratic and Republican parties.

The national Democratic and Republican parties are as corrupt as our lobbyists, senators and congress people.  The message they are putting to us, our kids and grandkids, is that it is ok to assert that the dog ate your homework.  The dialogue from our two major national parties are devoid of honesty, integrity, the truth, reality and such discourses are insults to the American people.  We tax payers deserve more than the scum bags in both national parties who are delivering the B.S. to us. I am not voting for either of their candidates.  Having done so for twelve years, this year I have never been prouder of being a NPA, non-political affiliation.

Sincerely – hank springer

Posted 8 12 16 http://www.popdradiolog.com

Walgreens: 1625 Taylor Rd:Port Orange:Burglary Attempt:8 12 16

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On August 12th, 2016 at approximately 3:27a.m., the Port Orange Police Department responded to the Walgreens located at 1625 Taylor Rd. Port Orange for an alarm activation to the business.  Officers arrived shortly thereafter and discovered extensive damage to one of the front doors, as well as damage to the ATM.  Surveillance video from inside the business captured the incident, revealing that two suspects attempted to remove the ATM from within the store via a chain attached to an unidentified vehicle, but were unsuccessful.

 

No further information regarding the suspects or vehicle will be released at this time due to this being an open and active investigation.  Port Orange Police Department Detectives are sharing information with other agencies in an effort to identify the suspects.  Anyone with information regarding this incident is asked to contact Detective Christopher Bingham at 386-506-5895.

Det. Sgt. Thomas Aiken

Detective Division

Port Orange Police Department    

posted 355pm 8 12 16 http://www.popdradiolog.com                                                                                              

Category: Port Orange News | Tags: , ,

We Don’t Have To Answer Your Questions: That’s The Law!

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handle the truth

Hank comments on the excerpt and article which is found at the bottom of this web page:

No wonder some board of directors find that they have personality issues to deal with.  Running to lawyers because someone criticizes you or asks probing questions does not deal with the board’s problems but adds to it at an expensive legal cost.  It is just awful when a board of directors will not answer or reply to a paying assessment member of the association. It is right out of Russia, rude, elitist, overbearing, authoritarian, and begs for problems which Saul is eager to meddle in.  The board of directors of Summer Trees West will not answer any of my questions which I send them by e mail.  This 2016 board of directors in Summer Trees West is creating another problem in our HOA which they will all too eagerly call a personality problem.  Indeed there are personality problems in HOAs and not all of them are generated by the members. Nothing prohibits a board of directors from at least replying to an assessment paying member of the association.

One might think that we should all get along together and not keep information from paying assessment members.  Hank Springer asks for no special treatment or attention from my board of directors. Perhaps the silence from the board of directors does relate to what the association lawyer wrote to me, saying that some issues are beyond the statue of limitations. What law says you can’t ask questions about mistakes which began from the begining of this HOA? If answers are not provided to me, then it is possible for members of this association to vote in a person to the board, who had been in on the cover up of our clubhouse not being legal with the city of Port Orange, and not meeting codes and permits of the city of Port Orange. How many directors of our board of directors are in on the secret that was decided to never be let out to association members?  I don’t want to vote them into office, when I know that people who have served on the board, love it, and keep coming back, coming back, coming back to get on the board again.

It is a disgrace what our boards of directors have gotten away with. I feel for the person who was just asking for a reply from his/her board.

An excerpt follows from a legal opinion.:

Question: My condominium association has a 5 member board of directors. Recently, one of the directors resigned, creating a vacancy. Upon learning of the vacancy, I submitted a letter to the remaining board members requesting to be appointed to the board. I never received a response and recently learned that, at their most recent meeting, the remaining four directors appointed a person to fill the vacancy. Because I asked to be considered, should there have been an election? (B.O. by e-mail)…

read the entire legal opinion at http://www.floridacondohoalawblog.com/2016/08/articles/board-eligibility/condominium-board-has-right-to-choose-how-to-fill-vacancies/?utm_source=Becker+%26+Poliakoff+-+Florida+Condo+%26+HOA+Legal+Blog&utm_medium=email&utm_campaign=648d9e508a-RSS_EMAIL_CAMPAIGN&utm_term=0_5a9b4b59be-648d9e508a-72324201

posted 655pm 8 11 16 http://www.popdradiolog.com

LOW MONTHLY ASSESSMENT FEES IN Summer Trees West HOA

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 note please: the Port Orange Images Web Site is no longer in existence.. This video taken in 2008, — hankAugust 11, 2016

LOW MONTHLY ASSESSMENT FEES IN Summer Trees West HOA

There have been allegations of mishandling money, attributed to mistakes of the board of directors for Summer Tree West HOA.  One family thinks that more than mistakes have been made.

I pay a monthly assessment fee of $78 and I am told that all 237 units or houses in STWHOA pay the same, whether small units like mine or a house (and there are some in STW). I live in a quad; there are duplexes and houses in STW.

I would say the grounds are kept kind of rustic.  Many (shrub?) trees and pine trees, some palmettos bushes, bike paths, retention pond which we call the lake and a pool.

The HOA pays a lawn service to cut our grass, trim palmetto bushes, and I think are paid extra ($60?) to remove a tree.

Sidewalks have to be repaired. Presently there are 4 sidewalks to repair in the community and I think it is expected to cost $1500. The director of the grounds is looking around for a small concrete company to do our sidewalks.

There are many bike and walking trails which have to be maintained. What is it, macadam on these walkways? (black top)

The community is off the main roadway but a Summer Trees Road does come through our community from S. Williamson to Taylor Road.

Publix in the Westport Sq. shopping center is 7/10 of a mile from my house.

The Port Orange Shopping Pavilion and I95 are located near our community. Sometimes we can hear the traffic on I95, but traffic noise for our community is very much at a minimum.

I have lived here since 1994 and I still like the grounds and the area.  Port Orange is a great place to live in.

You can get all the gossip about the community perhaps at the cluster mail boxes, or most certainly at the pool. This is not unusual for a community such as ours.

We have, at least in the last 2 years, paid a lot for services of lawyers.  A four year feud between a family and the HOA board of directors seems headed to courts.

I expect the monthly assessment fees to rise in this HOA. The question of how many units and homes are occupied by people over the age of 55 is expected to be addressed by the present board. I know that many in this community are elderly, retired, and living on fixed incomes like me.  For some, raising the assessment fees in STWHOA will cause financial hardships.  This community is not a “Spruce Creek Fly In” or a “Cypress Head” community but things do get expensive for everyone, everywhere.  What may come as a surprise to many in our community is how much we have been paying for legal advice. I hope to sometime in the future address the relationships of HOA and the legal profession.

I bought my small unit (in a quad, 4 units attached) for $45,000.00 in 1993. In 2006 it was worth $103,000. 00 but then Wall Street screwed up and I think now my unit could be sold for $80,000.00

My taxes per year, with a homestead tax reduction is $648.00 (or there about) per year. If I don’t take a lot of showers (I knew of some people who use to shower every day at the HOA pool), water, garbage pickup and sewage costs comes to about $44.00 per month.  HOA pays for basic cable, and I pay a lot for the extras, premium cable and internet connection. Is that about $110.00 per month?  My financial secretary knows.

I forget what my electric bill is per month. My daughter knows.

Right now some in the community are unsettled, and from my viewpoint, the previous board and the present board did not and are not handling the situation in a correct way.  Attorneys have entered a feud that is about 4 years old?  Wasn’t there an episode on Seinfeld about a Florida HOA?

It is what it is.  I still like Summer Trees West and I still like Port Orange.  By the way, there have been some financial mistakes made by the Port Orange  City Administration which have come to light in recent years.

It is what it is and we do what we have to do.  It’s all in the game of life, and good days and some not so good days come. We have to learn to dance in the rain.  Who said that?  FEMA?

Widow appeals Orange county board’s Westgate decision

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— see news video at http://www.orlandosentinel.com/news/politics/political-pulse/os-os-widow-appeals-county-decision-westgate-timeshare-towers-20160810-story.htm

—EXCERPT FROM THE TEXT ARTICLE FOLOWS:

….However, Westgate and its parent company, Central Florida Investments Inc., own everything but the 1,100-square-foot townhouse which Corredor and her late husband bought in 1985. The company has been trying for years to buy the widow’s vacation property.

The incorrect information Westgate provided led Orange County to issue a stop-work order. The company appealed that decision immediately, allowing Westgate to resume construction….

read more at http://www.orlandosentinel.com/news/politics/political-pulse/os-os-widow-appeals-county-decision-westgate-timeshare-towers-20160810-story.html

posted 1224pm 8 11 16 http://www.popdradiolog.com

Correction to Item #20 from Hank’s Summary of 8 9 16 board meeting

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Correction with more specific information published;  Item 20 of Hank’s Summary of the 8 9 16 Board of directors meeting, Summer Trees West HOA:

(correction, more accurately)  it was suggested  by a female HOA member that revenue from a foreclosed unit (house) might be used to build a clubhouse next to the pool. I assumed she was referring to any home in the future which might be foreclosed on by the board. Suggestion did not come from the board. — hank amended 651am 8 11 16)

see

Category: Uncategorized

SUMMER TREES WEST HOA BOARD MEETING & WORKSHOP 8 9 16

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( Correction: More specific information added. Part of item 20 becomes item 21, and all item numbers there after changed to advance one numer in the listing of items.  it was suggested  by a female HOA member that revenue from a foreclosed unit (house) might be used to build a clubhouse next to the pool. I assumed she was referring to any home in the future which might be foreclosed on by the board. Suggestion did not come from the board. — hank amended 651am 8 11 16)

This Hank Springer’s summary of the board meeting of 8 9 16.  Where correction is needed please send to Hank at poimages@outlook.com

I attended the STWHOA meeting as a member of the association and as a citizen journalist.

The meeting was held at Good Will, Port Orange, Florida and went from 1pm until 3pm.

The chairs for the audience were comfortable, situated at tables.

I was able to plug in my laptop to an electrical outlet and take notes.

At times, some directors spoke softly and I had trouble hearing them.

A board member invited me to take a table closer to the directors, but I was already set up and comfortable where I was sitting. Next time, I will seek a table closer to the directors.

6 of the 7 directors attended the meeting. At the start of the meeting, there were 9, including me, members of the HOA who were attending.

Early at the start of the meeting a member asked and made a comment which did sound somewhat critical to me but not inappropriate and a director responded I think rather loudly, and in my judgement the director was showing that the question and comment were not appreciated by that director.  The HOA member made a comment that the board should get a new lawyer. After that, I think dialogue returned to less emotion, but at another time a HOA member expressed some dissatisfaction with how a CD had been handled by the directors.

A few items discussed seemed like déjà vu to me. Especially the discussion on what to do about renters who are under the age of 55. I had heard in past years from directors on the board “We can’t do anything about renters”. This 2016 board of directors has taken up that problem again.

  1. Work in progress: Application form for new residents to become HOA members?
  2. Atlantic Community Company is upgrading its web site for STWHOA. The person doing the upgrading has over 30 web sites to manage.
  3. Our Summer Trees HOA has filed for DBA Summer Trees West HOA.
  4. 1xx; Magnolia loop: Issue is still in the works – judge told bank to get involved – 2 hrs. of discussion were spent with the buyer – this issue going on for one year and a half – documents go to the bank tomorrow – a  lien does not necessarily mean a foreclosure – HOA member pointed out that after three months of an assessment not paid, a penalty of  1/12 of 1 percent can be affixed to each month the assessment is owed –
  5. 1xx Cypress Pond, B.H. did not pass away but unit is about $1730 dollars in arrears – reverse mortgage is part of the issue with 1xx Cypress Pond Rd unit –
  6. X Cypress Pond Rd and 2x Summer trees Road, arrears are being worked on by STWHOA attorney
  7. The electric in the closed up clubhouse has not been turned off. Electric bill is minimal and air conditioner should be on to keep files stored in that structure from becoming moldy. The STWHOA Ladies club uses the file cabinet.
  8. An HOA member was dissatisfied that after having been discussed at a previous meeting, a CD of $53,870 was not handled correctly by the board and $2500 was lost by the board. Explanation was something about board being on vacation and promised it would not happen again. A director implied that criticism was “getting out of hand” and the board is trying to correct past mistakes
  9. 1xx magnolia loop a request made to erect a fence between two garages. City permit is required.
  10. Grass on common grounds not being mowed on weekly basis because grass is too dry.
  11. HOA is responsible for tree trunk on common grounds, but branches over a homeowner’s home are the homeowner’s responsibility. Top of tree should not be cut off – Director of common grounds does not go on private property to cut trees.
  12. Director read a letter from HOA member who was present in the room, and director pointed out that he is not biased, but has an injunction against a friend of the letter writer, and the director felt that the letter from this woman was “not appropriate”. (Was it at this time that said female letter writer left the meeting?) Director said he had spoken to husband of female letter writer and did not yell or slam the door.
  13. Sidewalks have to be repaired at 17 summer trees rd., 54 and 57 cypress pond road, and 33 summer trees road. Grounds director doing his best to find small contractor to do repairs to sidewalks.
  14. Secretary explained the Safe Harbor law which prevails in trying to collect assessment fees for a unit which is over one year in arrears. (Bank only has to pay for one year of assessment fees owed) 39 homes had been behind in assessment owed, and after fore closure by bank only a small amount was able to be recovered. It costs $225 dollars to “re-lien” a unit every year. Many times there is no reply to certified, return receipt mail sent to notify a home owner of a lien in place. Board will take up this issue in attempt to pass a resolution on how to process a lien on a homeowner.
  15. 4x summer trees road unit has been cleaned up after a complaint received by the board.
  16. C. of 3x summer trees rd. is now the person who cleans the pool.
  17. $400 received from STWHOA ladies club, donation, to (resurface?) the pool deck
  18. About $4,500 has been refunded to some number of fewer than 150 residents who claimed they had been overbilled for assessments.
  19. Issue of HOA member who provides a bed and breakfast service from his/her home was discussed. (see airbnb.com )
  20. The issue of the closed (illegal) clubhouse was discussed. It would cost $50,000 to make clubhouse legal? And would require 2 bathrooms, water and sewage, ADA requirements complied with, has to be hooked up to sewage, and impact fees had not been paid on this illegal structure – parking spaces would need to be provided with handicapped parking spaces – (item 20 and 21 amended herein 651am 8 11 16)
  21.  ( it was suggested  by a female HOA member that revenue from a foreclosed unit (house) might be used to build a clubhouse next to the pool. I assumed she was referring to any home in the future which might be foreclosed on by the board. Suggestion did not come from the board. — hank amended 651am 8 11 16)
  22. Workshop meeting started at 142 pm.
  23. Secretary presented a large 3 ring notebook to the directors to be used as a possible manual or guide for the boards of directors including the next board to come on in Feb. 2017. The 2016 board of directors came on with very little from the previous board’s work to guide the new board. I also saw a STWHOA Census folder which I think was recently put together as a suggestion for the board of directors.
  24. It was discussed that the title company involved in the sale of a house in stwhoa should advise the stwhoa board of directors about a sale of a house in STW.
  25. A resolution will be needed for application to the board of directors (for renters? Or was it for permission to rent?)
  26. Secretary is spending a lot of time doing his job and needs help.
  27. Discussion about homeowner having insurance including what might happen if a unit is destroyed by fire, homeowner leaves with insurance payment, but does not rebuild his/her structure. Suggestion was that HOA should get some kind of insurance for such an incident. Termite insurance for individual units should also be provided by home owner.
  28. Suggestion that a census form will need to be filled out by homeowners. (Federal or State?) authority might come asking about STWHOA 80/20 requirements –
  29. Workshop meeting adjourned at 3 pm.

Posted 603pm 8 10 16

STWHOA minutes of board meeting of 7 12 16: Highlights Only

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Added info posted 112pm 8 10 16:—

A reader has responded to me about my highlights from the minutes report of the Summer Trees West HOA board of directors for 7 12 16 ( see http://www.popdradiolog.com/port-orange-news/stwhoa-minutes-of-board-meeting-of-7-12-16-highlights-only/ )

  1. Reader advises that the financial report was one covering June 2016 and does not cover the financial report for July 2016.
  2. In the reported balance of finances it should be noted that the CD of $53,234.99 has an owed payment of $6611.54 which should go to the operating account. The actual cash value of the CD is $46,623.45 and not $53,234.99.
  3. If anyone would like to comment or correct these figures please e mail Hank at poimages@outlook.com

PREVIOUS POSTING FOLLOWS:—

Hank’s highlights of the STWHOA minutes of the board of director’s meeting of 7 12 6

–3 new owners accepted as association members

–In court process – 2x summer trees rd – 1xx cypress pond rd – 1xx magnolia loop

—motion accepted to begin monthly meetings 2nd Tues starting in Sept 2016 through JAN 2017

—Balance sheet – combined checking and saving =$94,171.78 —-& TD bank reserve CD = $53.234.99

—– Information and operation manuals delivered to board members

— Future minutes will not be read – if no objections minutes will be approved

—-$650 approved to remove 3 trees

— $1500 for repairs of sidewalks

—paint scheme chart located at Florida Paint

—Pool report – Bill Davis and Sally Ware are independent contractors overseeing day to day operations.

—-clubhouse will remain closed

—-shuffle board door rekeyed and is open for use

—-KELLY Nixon appointed chairperson of the pool

—-ACMAC’s STWHOA web site is back on line.

—-Minutes indicate that next meeting will be Sept 13, 2016 at 6pm Good Will

—Minutes signed with name of Secretary 2016

Posted 8 23 am http://www.popdradiolog.com

Un-authorizied use of Port Orange City seal

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E  mail from Ted Noftall, candidate for Port Orang3e City Mayor  to City Manager of Port Orange:

Manager Johansson  I have 3 simple questions,

They go to the core of your professional responsibilities and challenge  your commitment to  an open and transparent administration.

1)  Why isn’t the  Attorney’s report on the Use of the City logo that is to be presented  at tonight’s council meeting noted on the agenda along with the source material in support of same ?  

 

2)  Why  was  tonight’s meeting not called as a special meeting where  Council action could  be taken,  but rather as a workshop where  Council action is not authorized.

 

3) Why should residents  believe anything other than   —  Neither you,   the Attorney,  the Mayor or Council intend taking any timely action  regarding Councilman Brunette’s  Un-authorized  use of the City seal  on his campaign flyer.

The benefit Burnette has gathered  through his  un-authorized  use of the City seal  in convincing seniors that he is the  “official  city endorsed ”  candidate for Mayor,    if not mitigated   by Council  action will  forever taint the 2016 election  by disadvantaging  the other two candidates,   and further stymie Port Orange’s efforts to retain its good reputation.

Further inaction will also leave Port Orange open to various Florida Election Commission charges  as Municipalities are not permitted to make  political contributions  — De-facto in-kind  or otherwise.

It will also encourage other un-authorized use  of the City seal  as people quickly realize that if  Burnette is not sanctioned  then neither will they.

Regards,

Ted Noftall

posted 8 9 16 http://www.popdradiolog.com

HOMEOWNER SUITS AGAINST COMMUNITY ASSOCIATION

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'It's not the massive foul-up that concerns me. What concerns me is that we failed at the massive cover-up.'

‘It’s not the massive foul-up that concerns me. What concerns me is that we failed at the massive cover-up.’

——Comments by Hank Springer 8 8 16 —-

A— I provide excerpts from a legal opinion which bases much of the legal logic on cases that go back to 1986, in states other than Florida.  That being the case, and I not being a lawyer, and I not being fully informed about HOA laws in Florida, including civil trials, I do wonder if any of the stipulations contained in the excerpts I provide, might be applied in a court of law regarding recent revelations in the Summer Trees West HOA, Port Orange, Fl. For a variety of reasons it is possible for HOA members to sue their HOA, including the board of directors. At one time I was told that the assessment paying residents in STWHOA community pay for a 3 million dollar insurance policy covering the board of directors if it is found to have not performed the duties required of them. I caution that from recent revelations, hearsay knowledge about any of the boards activities need to be verified, either by documents or accountability by names.  However, the board of directors makes it difficult for a home owner to see documents of the board of directors, and even many times in publications by the board of directors, no name of a board member is affixed to such publication.

B— It appears to me that the STWHOA board of directors has violated the following requirement: “…  The duties of a community association typically include management and control of the common areas, including… common recreational facilities…” Whether the STWHOA illegal structure was called a clubhouse, reading room, or meeting room, the revelation that since its installation many years ago the structure was not legally permitted by the City of Port Orange and did not meet stands of City Code requirements places the responsibility and accountability on all members of boards of directors since the beginning of time and tenure for those board members.  In addition, the cover up or secrecy in not letting such basic information reach the association assessment paying members so that they might have input into budgets which could have rectified the illegality appears to me to unethical, morally corrupt, lacking integrity, and throws all activities of all boards of directors into a suspicion of mistrust.

It is not surprising to me, that one member of the association had started four years ago questioning and seeking documents to support certain activities of the boards of directors.  Indeed, despite his alleged rudeness in seeking documented information, during his four years of research, quite a number of seemingly irregularities have been exposed, which the board of directors appear unwilling to address or provide documentation to disprove the negative suspicions and prove that the boards acted according to its responsibilities.

For many years, once a month association members convened in this illegal structure for association’s officially conducted meetings in what was an illegal structure, not meeting Port Orange city code regulation and which during those times probably had no financial liability insurance in effect.  This year, there have been conflicting statements published by the board as to whether there is or is not financial liability insurance in effect for the members’ clubhouse. Such a not clearly answered liability problem forces one to consider that for how many years such liability insurance had not been covering the members’ officially sanctioned meeting place by the board.  As of this date 8 8 16 the board will not let me see the insurance policy in effect for common grounds of the Association.

C — Breach of the fiduciary duty owed to homeowners by community associations appears to have occurred in the board’s failure to maintain a budget to meet the requirements of having attorneys represent the association. From what little information I have been able to access, it seems to me that lawyers in the past year have presented bills for about $8000 for services rendered, when the budget had only prepared for about $3000 set aside for attorney fees. Perhaps there is a CD owned by the association which can pay its legal fees.  I am way out on a limb about this issue because I have found that this board of directors will not cooperate with me in providing me accurate information about its financial standing and affairs. Indeed, the board had apparently looked into the allegation that about 40 residents have been overbilled and the board has its own committee report affirming such a fact, and the board will not pay the money owed back to assessment paying members unless these residents, many of them elderly, prove that the board overbilled these neighbors.  In addition, there is a professional company which is paid to handle the billing of monthly assessments of the community. The board did publish a document explaining why residents have to prove that they were overbilled but frankly I did not understand the reasoning involved. In addition, if we elderly residents can get our records all together to show when and how we were overbilled, we would have to provide such records at a cost of $35.00 to an accountant appointed by the board. Wherever I am wrong about these financial issues please correct me and I will publish the correction. I do admit, that I, and probably many others around the age of 79 in my community may not understand all this financial mumbo jumbo and cannot manipulate the figures to prove a case for ourselves.  We had relied on the board keeping tabs on our assessment payments along with the billing company which we pay for.  Does this sound to you like something out of the “Better Call Saul” episode? I did receive from the board a general statement of my assessment account for the years 2012, 2013 and 2014.  My kids are working on it but only have until Aug. 10, 2016 to present it to an accountant, because after that date, the board is concluding “Case Closed” – we will not pay back what we owe you.

D— Defamation – and here is where it gets dangerous and tricky.  At a time when legal costs to handle a number of questions, allegations, requests for documents from a certain resident of the community started to become expensive, the board of directors held a special meeting to present the issue and financial remedy to association members. I understand that about 104 members out of 237 attended that special meeting. I would expect that the name of the family who was allegedly costing the board money in legal advice was not mentioned, but if I know my neighborhood, I would expect that some board members would tell others the name and address of this “offending” resident, and word would spread.  A previous secretary of the board told me about this residential family, and such information was presented to me in a negative context.

I would expect that there are out in cyber space quite a few e mails disseminated about this gadfly resident. I imagine this all to be fodder for attorneys and such documents might be entertained as evidence in a civil court of law, seeking monetary remedies for defamation damages.  What do I know?  I am not a lawyer, but what I do know, is that anything is possible in a suit for money, and witnesses and documents in this four year feud are many.  Here is what I expect will be costly for all involved and members of the association if this feud goes to court. Expensive legal fees, much time and effort gathering up evidence for the attorneys involved, time spent in court, and the stress of having to testify in court. The board of directors at this time, as far as I know, has put a lien on this particular home owner in an effort to take possession of his home, unless he pays for the Association’s attorney fees, which I imagine is now up somewhere around $8000.  In fairness to everyone involved in this mess, please correct me where I am wrong and I will publish that correction.

I would not like to see this feud go into court.  We all lose if that  happens, but attorneys will profit.  I hope there will be a way to bring this feud to arbitration where both sides of this four year dispute might be settled.  The board needs to put the interest of all the assessment payment residents, first and foremost, and not continue this “You Can’t Handle The Truth” kind of attitude. As Ronald Regan might say, “Mr. Emperor, take down this lien!”

I understand that the home owner who has such a special assessment lien on his home, because he will not pay the service fees of the attorney for the association which led up to placing a lien on his home, will of course fight this in court.  His retirement home is at stake.  Have we no shame about where our board of directors and its attorneys have taken us to?

— Comments by Hank Springer end here —–

The following are excerpts from HOMEOWNER SUITS AGAINST COMMUNITY ASSOCIATIONS

You can read the entire legal opinion at http://www.hindmansanchez.com/resources/article/homeowner-suits-against-community-associations/

———-

….Courts have held that even unincorporated community associations may be sued by homeowners.  See Murphy v. Yacht Cove Homeowners’ Association, 345 S.E.2d 709 (S.C. 1986)…..

  1. Breach of covenant by the community association
    Homeowners have a basis for an action for breach of covenant against their community association where the association fails to fulfill any of the duties it expressly agreed to perform in the community’s legal documents.  See Murphy v. Yacht Cove Homeowners’ Association, 345 S.E. 2d 709 (S.C. 1986).  The duties of a community association typically include management and control of the common areas, including landscaped areas and common recreational facilities, and maintenance and repair of the exterior building surfaces and roofs.  Failure to fulfill any of these duties could subject a community association to a breach of covenant claim brought by a unit owner or occupant…..
  2. Breach of the fiduciary duty owed to homeowners by community associations
    Homeowners have the right to have the community association exercise ordinary care, in reasonable and good faith manner in the performance of its duties.  For breach of these fiduciary duties, an association may be held liable by an owner.  Breach of fiduciary duty actions may lie where actions or duties not expressly stated in the community’s legal documents are fairly implied by the scope of the duties set forth in the legal documents.  This would include adequate funding or improper management of financial reserves to pay for repair, replacement and maintenance expenses.  Other actions possible to be brought by a unit owner on these grounds may include breach of fiduciary duty due to the failure of the association to sue the developer….
  • ….Generally, directors must remain informed about the community association’s business at all times, be knowledgeable about the legal documents governing the affairs of the association,

….Homeowners have the right to have the directors be loyal to just the interests of the common interest community, and not to the self-interests of the director…..

  1. Negligence of the community association
  2. Failure to perform duties in a reasonably safe and prudent manner
    Homeowners have the right to expect the community association to exercise ordinary care.  If it does not, homeowners can bring actions in negligence against their community association for its failure to perform any of its functions in a reasonably safe and prudent manner….
  3. Defamation
    Homeowners have the right to some degree of privacy regarding their financial standing vis-a-vis their community…..

….Where the publication of delinquent owners occurs in a more public setting, such as a common bulletin board, the owner’s chances of success on a defamation action would be greater…..

VII.    Breach of Statutory Duty….This statute protects owners against the mismanagement of community association funds and helps ensure adequate funds for maintenance and repair costs of the common areas.  California Civil Code Section 1365.5 provides as follows:

  1. Unless the governing documents impose more stringent standards, the board of directors of the association shall do all of the following:
    1. Review a current reconciliation of the association’s operating accounts on at least a quarterly basis.
    2. Review a current reconciliation of the association’s reserve accounts on at least a quarterly basis.
    3. Review, on at least a quarterly basis, the current year’s actual reserve revenue and expenses compared to the current year’s budget.
    4. Review the latest account statements prepared by the financial institutions where the association has its operating and reserve accounts.
    5. Review an income and expense statement for the association’s operating and reserve accounts on at least a quarterly basis.
  2. The signatures of at least two persons, who shall be members of the association’s board of directors or, one officer who is not a member of the board of directors and one member of the board of directors, shall be required for withdrawal of monies from the association’s reserve accounts.
  3. As used in this section, “reserve accounts” means monies that the association’s board of directors has identified, from its annual budget, for use to defray the future repair or replacement of, or additions to, those major components which the association is obligated to maintain…..
  4. Under CCIOA, homeowners in Colorado common interest communities existing on June 30, 1992, have the right to require their community association to prepare an annual budget at least annually, the right to request and receive statements of account in a timely manner, and the right not to be fined, except for reasonable fines imposed after notice and a hearing.  In addition, Colorado homeowners have a right to seek their attorney fees from their community association on their claim that the association has not complied with CCIOA, or on their claim that the association has not complied with the community’s legal documents.  Section 123 of the CCIOA sets forth this right to attorney fees provides as follows:
  5. If any person subject to the provisions of this article fails to comply with any of its provisions or any provision of the declaration, bylaws, articles, or rules and regulations, any person or class of persons adversely affected by the failure to comply may require reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of such failure to comply, without the necessity of commencing a legal proceeding.  For each claim, including but not limited to counter-claims, cross-claims, and third-party claims, in any legal proceeding to enforce the provisions of this article or of the declaration, bylaws, articles, or rules and regulations, the court shall award to the party prevailing on such claim the prevailing party’s reasonable collection costs and attorney fees and costs incurred in asserting or defending the claim…..

….Enforcement.  If any person subject to the provisions of this article fails to comply with any of its provisions or any provision of the declaration, bylaws, articles, or rules and regulations, any person or class of persons adversely affected by the failure to comply may require reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of such failure to comply, without the necessity of commencing a legal proceeding.  For each claim, including but not limited to counter-claims, cross-claims, and third-party claims, in any legal proceeding to enforce the provisions of this article or of the declaration, bylaws, articles, or rules and regulations, the court shall award to the party prevailing on such claim the prevailing party’s reasonable collection costs and attorney fees and costs incurred in asserting or defending the claim.

VIII.    Conclusion
Homeowner rights in a common interest community against their community association arise out of the community’s legal documents and the conduct of the association in carrying out the duties and functions assigned to it in those documents, by state statutes and common law.  While the most clearly defined rights that a homeowner possesses lie in the areas of breach of covenant, simple negligence, and liability for trespass, more complex legal questions are posed by the extent of association liability for the protection of owners from foreseeable crimes and breach of statutory duties.  While the outcomes vary from jurisdiction to jurisdiction, there continues to be an expansion of owner rights and community association liability.  As community associations are increasingly being recognized as quasi-governmental entities with powers greater than a mere landlord, the exact nature of the legal relationship between the homeowner and their community association is in the process of being more clearly defined.  In any event, educated homeowners with expanding legal rights will help ensure the smooth operation of the community by the community association.

READ THE COMPLETE LEGAL OPINION AT http://www.hindmansanchez.com/resources/article/homeowner-suits-against-community-associations/

POSTED 8 18 16 http://www.popdrdiolog.com

Trust but Verify

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'I believe the saying is 'trust but verify,' not 'trust, but what would mother do'.'

‘I believe the saying is ‘trust but verify,’ not ‘trust, but what would mother do’.’——–

quote below from News Journal article: “I overlooked it. It was my goof. I take responsibility for that,” Burnette said, adding it was one of several items his campaign asked the printer to remove but he never followed up on it.”——

Don just follow what the city council and the city manager should be doing.  Inspect what you expect. Trust but verify. Really, you can do it without creating a “hostile environement”.  Yes, I know, the city administrators report to the city manager how well things are going and then this informtion is passed on to the city council.  And even outside auditors who return to see if corrections have been made as a result of their audits. And the city manager is not lying when he tells them I understand from my city administrators that all is well and corrections have been made.  Mistakes? Or perhaps a key component of efficient management tools missing? You all understand this very well, and we know why you do not want to institue a management tool of inspection and control coming from the city managers’ office.   Don’t we? I know. — hank springer

posted 907am 8 8 16 http://www.popdradiolog.com

Think tanks ….culture of corporate influence in Washington. nyt

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EXCERPTS FOLLOW FROM THE NEW YORK TIMES ARTICLE —- By ERIC LIPTON andBROOKE WILLIAMSAUG. 7, 2016 —-

Continue reading the main storyShare This Page—-

….“This is about giant corporations who figured out that by spending, hey, a few tens of millions of dollars, if they can influence outcomes here in Washington, they can make billions of dollars,” said Senator Elizabeth Warren, Democrat of Massachusetts, a frequent critic of undisclosed Wall Street donations to think tanks…..

….The think tanks also help donors promote their corporate brands, as Brookings does with JPMorgan Chase, whose $15.5 million contribution is the largest by a private corporation in the institution’s history….

….The danger is we in the think tank world are being corrupted in the same way as the political world. And all of us should be worried about it.”….

….“Tax deductions are subsidies that are paid for by all taxpayers,” Ms. Fleischer said. “And the reason the subsidy is provided is that the charitable organization is supposed to be doing something for the public good, not that specifically benefits the private individual or corporation in the form of providing them goods or services.”….

…. While defense contracting giants like Lockheed Martin and Boeing have cumulatively donated at least $77 million since 2010 to two dozen think tanks, disclosure records show,….

READ MORE AT http://www.nytimes.com/2016/08/08/us/politics/think-tanks-research-and-corporate-lobbying.html?emc=edit_ta_20160807&nlid=31482837&ref=cta&_r=0

Posted 8 7 16 http://www.popdradiolog.com

Breach of fiduciary duty by HOA board of directors:

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EXCERPT FOLLOWS FROM http://www.hindmansanchez.com/resources/article/homeowner-suits-against-community-associations/

Breach of the fiduciary duty owed to homeowners by community associations
Homeowners have the right to have the community association exercise ordinary care, in reasonable and good faith manner in the performance of its duties.  For breach of these fiduciary duties, an association may be held liable by an owner.  Breach of fiduciary duty actions may lie where actions or duties not expressly stated in the community’s legal documents are fairly implied by the scope of the duties set forth in the legal documents.  This would include adequate funding or improper management of financial reserves to pay for repair, replacement and maintenance expenses.  Other actions possible to be brought by a unit owner on these grounds may include breach of fiduciary duty due to the failure of the association to sue the developer, declarant or general contractor for construction defects where the units were improperly constructed…..

POSTED http://www.popdradiolog.com 8 7 16

If You Belong To An HOA, Better Call Saul! — hank springer

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saul

Hank Comments: — Do I understand this correctly? You need an attorney to help you understand the association’s governing rules, but if you ask the HOA board of directors and they chose to get assistance from the board’s attorney, you the HOA member has to pay for services of your attorney and the attorney for the board of directors?  Seems to me like a very convenient three ring circus in which attorney’s financially profit. — hank springer—-

EXCERPT FOLLOWS; —-

….Although an attorney with experience in community association law should assist with interpretation of the association’s governing documents, the following should be a helpful starting point…

To view this and other blog posts, please click on the below link:
http://jacksonlawgroup.com/blog/condominium-and-homeowner-association-law/condominium-and-homeowners-association-members-may-be-entitled-to-attend-and-speak-at-committee-meetings/

City of Port Orange Uses Selective Enforcement : Level the Playing Field

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city seal

Hank comments: My problem with argument of attorney for city of Port Orange:

  1. “It was thought best to keep a level playing field and not change the rules mid-election season.” Hank comments: again with the level playing field which I have learned to understand as giving someone an advantage.
  2. …. the City Council approved the use of the seal for candidates who qualified in that election, citing an instance where a qualified candidate appealed to the city to use the seal on a blazer while he was running for office…. Hank comments: selective enforcement

3 ….the actual ordinance states that the City Council reserves the right to allow use of the logo on a case-by-case basis, said Roberts on Tuesday…Hank repeats what Ted Noftall said:…. “Mayor, the big dog in the room here is state statute — not those minutes and not your ordinance,” Noftall said…..—-

—-Excerpt from the Daytona Beach News-Journal follows:—

…”We were seeing candidates using the city logo in their literature,” said Roberts. But staff didn’t take any action at the time, she said. “It was thought best to keep a level playing field and not change the rules mid-election season.”

She also said during the 2014 elections, the City Council approved the use of the seal for candidates who qualified in that election, citing an instance where a qualified candidate appealed to the city to use the seal on a blazer while he was running for office.

But while the council in an April 15, 2014, meeting agreed aloud that the city shouldn’t permit use of the city seal, the actual ordinance states that the City Council reserves the right to allow use of the logo on a case-by-case basis, said Roberts on Tuesday.

Noftall disagreed.

“Mayor, the big dog in the room here is state statute — not those minutes and not your ordinance,” Noftall said…..

Read more at http://www.news-journalonline.com/news/20160806/city-seal-on-candidates-flyer-stirs-up-port-orange-mayors-campaign

posted 8 7 16 http://www.popdradiolog.com

…. human subjectivity is drawing forth the world….

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consciousness

Comment by Hank: I suspect Giulio Tononi was speaking of “an” immaculate conception and not “The” Immaculate Conception which is defined as

…the doctrine that God preserved the Virgin Mary from the taint of original sin from the moment she was conceived; it was defined as a dogma of the Roman Catholic Church in 1854…   –https://www.google.com/#q=immaculate+conception

Excerpts follow from Aeon’s essay “I feel therefore I am”.

…Julien Offray de La Mettrie in L’homme machine (1748), humans are essentially meat machines, complicated to be sure, but ultimately the same order of being as an expensive watch….

Medieval theologians did not sit around debating the ontological status of zombies. They knew for a fact that humans are conscious and built a system of control and punishment around this principle. The Catholic Church tortured people for committing theological crimes over which they supposedly had conscious choice – the most salient being errors of faith: did one believe (as one should) in the Trinity of God, or in the heretical notion of Unitarianism? Torture was a method of mind control premised on a worldview in which conscious minds are morally accountable….

….Here was presaged a future that Descartes had struggled to avoid. For while Descartes championed mathematical science as a way forward for understanding the physical world, as a Catholic, he also insisted on the reality of the Christian soul. Hence his famous dualism, with its two domains of being: the res extensa (the extended realm of matter in motion), and the res cogitans (the realm of thoughts, feelings, emotions and moral action). Descartes wanted to preserve the essence of medieval dualism while simultaneously opening up a space for mathematical science. This was his special genius; he invented co-ordinate geometry (enabling us to better navigate inert Euclidean space), yet at the same time he attempted to ‘save’ the phenomenon of the soul.

Galileo, his near contemporary, had little interest in the soul. It’s one reason his writing still feels so modern. Like Descartes, Galileo wrestled with the question of what a new science could be and what aspects of reality such a science could describe. But where Descartes would have been horrified by the notion of subordinating subjectivity under the banner of science, Galileo remained agnostic. In The Assayer, he wrote: ‘Concerning sensation and things that pertain to it, I claim to understand but little. Therefore I leave it unsaid.’ ….

…..With the advent of quantum mechanics they found that, in order to make sense of what their theories were saying about the subatomic world, they had to posit that the scientist-observer was actively involved in constructing reality. At the subatomic level, reality appeared to be a subjective flow in which objects sometimes behave like particles and other times like waves. Which facet is manifest depends on how the human observer is looking at the situation…..

….  Forty years ago, the American theoretical physicist John Wheeler proposed a series of thought experiments to test if an observer could affect whether light behaved as a particle or a wave and, in 2007, the French physicist Alain Aspect proved that they could. Just this April, Nature Physics reported on a set of experiments showing a similar effect using helium atoms. Andrew Truscott, the Australian scientist who spearheaded the helium work, noted in Physics Today that ‘99.999 per cent of physicists would say that the measurement… brings the observable into reality’. In other words, human subjectivity is drawing forth the world….

…..‘many worlds interpretation’ (MWI) of quantum theory. According to this interpretation, every time a subatomic particle is confronted with options – does it do X, or does it do Y? – the Universe splits into two identical copies of itself, in one of which the particle does X and in the other it does Y. Given that physicists estimate that there are around 1080subatomic particles in our Universe, and most of them are confronted with options many times a second, it means that, according to MWI, gazillions of copies of our universe are sprouting off one another every nanosecond. ….

…. Giulio Tononi’s book Phi (2012) asks the question: ‘How could mere matter generate mind?’ As a neuroscientist, Tononi says this is a mystery ‘stranger than immaculate conception… an impossibility that defie[s] belief’. ….

Read more at https://aeon.co/essays/how-and-why-exactly-did-consciousness-become-a-problem?utm_source=Aeon+Newsletter&utm_campaign=be530beed3-Saturday_newsletter_6_August_20168_5_2016&utm_medium=email&utm_term=0_411a82e59d-be530beed3-68844613

Posted 8 6 16 http://www.popdradiolog.com

The Summer Trees West HOA Mess – 8 6 16

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hoa

To my readers:  from Hank Springer, 8 6 16,
Subject: Summer Trees West HOA financial irregularities —

Hello my loyal readers. I hope you are not getting bored with all my postings about information I am learning about my board of directors for the STWHOA.

I post my discoveries with the help of a gadfly resident who has been working on these issues for 4 years now.

Here is where I think we are headed on these issues, and what I hope might be accomplished:

  1. Court battles in which only attorneys will profit.
  2. Summoning to court many witnesses and documents.
  3. Personalities, motives, secrecy, perhaps crimes exposed in court.
  4. Embarrassment to many HOA members, and publicity in the news media.
  5. Real Estate devaluation in STW because of the irregularities exposed.
  6. Suits by aggrieved persons living in STWHOA.
    I would hope that some kind of arbitration hearing could be held and participated by both sides of the parties who I feel need to defend accusations against them, with the hope of not going to costly court trials.
  7. The board of directors of the STWHOA should change their policy of not disseminating all of the information needed by HOA members, and institute a system of relaying all aspects of issues confronting the assessment paying residents.
  8. Although Florida Statues implies that board of directors does not have to answer all questions, it does not require the board to not answer questions from hoa assessment paying members.
  9. The board of directors should remove the hindering burden of how access to HOA documents are achieved, the number of items that can be accessed in a more sensible timely period, and seek to make access to HOA documents more easily achieved.
  10. The board of directors should make it clear as to who runs the HOA: board of directors, Atlantic Management Company or attorneys?
  11. The board of directors should start a web site which would entertain respectful questions from assessment paying members of the hoa, allow hoa members to express their opinions on hoa issues, report conditions to be corrected, with answers by a member of a board who at least signs the answers with his/her appropriate title. For instance
    “Secretary of the STWHOA board, 8 6 16, (optional-as per the board or president)”
  12. The board should take steps to better safeguard HOA documents.

I am posting excerpts from e mails which had been exchanged among members of the HOA.  Because attorneys might be making use of these e mails in court. I do not herein identify the writers, or the number of writers. As far as I know, understand and believe, these e mails did not originate by the resident who has a lien on his home, or by me, Hank Springer.  Excerpts from e mails follow: —

….she claims there is about $40,000 in credits due. ..

…. I said then that it does not matter when you pay the $365 – January, July, September or December – it is budgeted and spent during that year, January thru December. If your payment was due in December and the following month, January, you begin monthly payments, by December it will be all paid, the $365 and special assessment. …

….You surely must realize the HOA cannot give out these credits, cannot afford it. If anything was done wrong, it was giving a few squeaky wheels credit.

 

Actually (hindsight) we (the board at that time) should have figured a way to let the squeaky wheels continue paying yearly rather than give them credit.

 

Talk about 180 degree turn about!!…

 

….I applaud you,……  It is that simple. They just don’t want to pay us back and are waiting for us to forget it. And you know what? People will give up! Thank YOU, for continuing to try!….

 

….I cannot understand and I have never been able to comprehend why a settlement statement is required for the HOA pro-ration for homeowners RRE – Atlantic Management.
When did they begin as our “bookkeeper/accountant”, 2005, 2006…?

……I am writing this to you, because you are the one who subsequently enforced the settlement statement issue, the requirement to show one before getting credit for HOA over-payment after January 2013…..

 

 

….Upon reviewing his statement, I cannot see how this document can prove his due date was October 10 or that it was pro-rated from his sale date April 12, 1988 to then. My ……… HOA pro-ration was $108.64 credit and that is ALL the settlement statement shows. There are no dates and no total figure.

As I stated previously, I do not believe anyone who was on the original payment schedule PRIOR to Atlantic Management (due dates are still on their address lists as of January 2015) should need a settlement statement for proof of payment and credit…..

 

….As for the current treasurer stating that he does not want to take on the responsibility to accurately prorate these over payments, I thought we HAD a COMMITTEE handling this. Pro-rations are simple math. If a mistake is made, let the homeowner bring it forward, then explain or correct. Simple math. There should be no liability involved. Get a committee working on this and get it done! STOP spending money on attorneys!…

 

Posted 1106am 8 6 16 http://www.popdradiolog.com

Ted Noftall – deeply informed on city financial issues – Dianne

Posted on by
Henry Springer Ted, how come info about this forum of 8 4 16 run by the Port Orange chamber of commerce did not get out to the public until kind of late on 8 4 16? I am getting the suspicion that the chamber of commerce and the city manger (and mayor Green?) do not want the public see you express your platform in a debate. I know I can’t expect the city council to complain about the flow of information to the citizens, (maybe Bob Ford will). Can’t wait for you Ted to become chairman of the Port Orange City Council. — hank springer

Michael Gardner
Michael Gardner Rumor has it that Kasmira Harrison of the N-J did not get the info to the head office in time for publication by the paper. The most likely reason the debate was not broadcast on pogTV is that Mayor Allen Green does not want his son, Lance, embarrassed in that all-too-public forum. As usual, Lance blundered and Don blabbered through another lackluster performance. Only comments of any substance came from Ted.

Dianne Templeton Gardner
Dianne Templeton Gardner Painfully clear among the 3 candidates who is a student of government, versed on the US and Florida Constitutions, and deeply informed on city financial issues..and who will engage to protect taxpayer assets, vote to stop taxes from rising, work to resolve the unfunded liabilities, and insist on transparency on the dais and from the manager. Ted Noftall….Why are we all not demanding this from all of our council members? Can anyone explain because Dianne is not getting it. I want competent, honest, transparent government that is fiscally sustainable. I want my council to advocate for me as a taxpayer and homeowner.

Unlike · Reply · 1 · 4 hrs
posted 919am 8 6 16 http://www.popdradiolog.com

Meet Ted Noftall on 8 11 16, candidate for Mayor of #PortOrange.

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downloadted

— at Cypress Head Golf Course Banquet Room –

Ted’s next Meet and Greet is on Thursday, August 11th, at the Cypress Head Golf Course Banquet Room, 6231 Palm Vista Street, Port Orange 32128 from 5 to 7 PM.

Snacks, soft drinks and coffee provided.

Please come and bring your friends.

posted 859am 8 6 16 http://www.popdradiololg.com

Keeping the Secrets from HOA Members 8 6 16

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Shhh! don't tell anyone!

Shhh! don’t tell anyone! about the clubhouse, liability insurance, financial payment under “no divulge” contract, rules about access to documents, who knew what and when.—–

 

I wish the board of directors for Summer Trees West HOA would consider not keeping hoa information as worthy of only a select few. — hank

excerpt from Fusion follows:

…We the people have the web and its myriad of services and its almost infinite amount of data at our fingertips. It is non-rival: My usage cannot prevent someone else from using it. It is non-excludable: Nobody can set up a toll or a barrier to prevent me from using it. It is global. It distributes knowledge and information freely….

read more http://fusion.net/story/333731/first-website-25-years-ago/?utm_campaign=ThisIsFusion&utm_source=Twitter&utm_medium=socia

posted 843am 8 6 16 http://www.popdradiolog.com

Video links to Mayoral Candidate forum Port Orange 8 4 16

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Here are the YouTube links to the Chamber of Commerce Port Orange Mayoral debate. 8 4 16 Each of the four sections is about 24 minutes long.

https://www.youtube.com/watch?v=pgkvxBMqHk8

https://www.youtube.com/watch?v=90I3eMFTB8k&feature=youtu.be

https://www.youtube.com/watch?v=4hj6KDE6ND4&feature=youtu.be

https://www.youtube.com/watch?v=sQlwYqXqq-8&feature=youtu.be

posted 702pm 8 5 1 6 http://www.popdradiolog.com

Summer Trees West HOA thwarts transparency

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cartoon documents

In place of “Bank – Owned” insert HOA owned. — hank—

The following is a legal opinion from an attorney’s office sent to a Summer Trees West HOA resident in 2012.

I am not a lawyer but I wonder if there might be a contrary opinion to the rules set down by the attorney for the board of directors.

  1. I would think that a video recording made at an advertised public meeting belongs to the videographer and he/she alone has rights to any copyright laws which might apply.  What if the videographer wants to inform other residents of the association by way of video or audio recording what took place in an association’s meeting?  Sounds like the Soviet Union to me, and I wonder if in any way it infringes on the rights of a citizen to express his/her thoughts by way of verifying what his/her freedom of expression is about.  I will ask the ACLU to comment on this rule that has been promulgated.
  2. I submitted a written request for a copy of the insurance covering association grounds, signed and dated, and a receipt received from the then secretary of the board, and the board denied my request and would not provide me with a copy of the insurance policy which insurance I as an assessment payer, pays for.
  3. I did not see anything in the Florida State Statues which stipulates that only one request for documents can be submitted within 30 days. Since the board with its attorney is mandating only one request per month, would they be able to change that rule to only 4 requests within one year, to coincide with the measly 4 public meetings a year that the board has recently instituted?  How about only one request per year to see HOA documents?
  4. These requirements are so high handed, I wouldn’t be surprised that they were instituted to provide a kind of selective enforcement to a resident who wanted to see and know more than the board of directors was willing to provide.

 

The two page letter of notification is provided below:  You may have to use your + key to enlarge the image.

page 1 video

page 2 video

posted 109pm 8 5 16 http://www.popdradiolog.com

Summer Trees West HOA does not have to answer questions

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I thought I might share with  you one of the many questions I have put to the Summer Trees West HOA Board of Directors.  The board does not answer me, and that is permitted by law not to answer questions from a HOA resident. What do you think?  Is this fair to HOA residents who pay assessment fees?  The remedy is to vote them out of office, but by then the board of directors could have run up lenghty  attorney fees, mishandling questions, requests for documents, and even gripes from a resident in this community.

Hank’s e mail to the board of directors STWHOA follows:—

Good Morning Board of Directors Summer Trees West HOA

 From Hank Springer

1.      When did the attorney office of Frank-Weinberg-Black start its services to STWHOA?

2.      Who referred FWB to the board of directors of STWHOA?

3.      As of 7 24 16 how much money is owed or has been paid to FWB for the year 2016?

Respectfully submitted,  — hank springer

The above posted 1001pm 8 4 16 http://www.popdradiolog.com

Category: Port Orange News | Tags: , ,

Port Orange Mayor Candidates on Thursday, August 4, 6 to 7:30 p.m.

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The Port Orange South Daytona Chamber of Commerce will hold a forum for Port Orange Mayor Candidates on Thursday, August 4, 6 to 7:30 p.m. at Port Orange City Hall, City Council Chambers.

There are currently three candidates running to replace Allen Green, who has termed out as Mayor. They are Don Burnette, Lance Green and Ted Noftall. Pre-selected questions will be presented to each candidate.
Questions may be submitted to dconnors@pschamber.com. This event is free and open to the public.

posted 4pm 8 4 16 http://www.popdradiolog.com

Port Orange political debates 7 29 16 Video

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Costello opening remarks                   https://www.youtube.com/watch?v=Nig2zoRK6ZA&feature=youtu.be

Jones-Tramont complete                     https://www.youtube.com/watch?v=Uotly6ZKWAc&feature=youtu.be
Burnette-Green-Noftall complete          https://www.youtube.com/watch?v=SqRjuXEmwMI&feature=youtu.be
Davis-Kelley-Laputka complete            https://www.youtube.com/watch?v=Huqcxw7JYAM&feature=youtu.be
posted 355pm 8 4 16 http://www.popdradiolog.com

Police Units: Get it done fast!

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I heard two #portorange  police radio scanner tranmissions this afternoon 8 4 16 in which it seemed that the sergeant was exhorting the police units to hurry up and conclude their investigations. Perhaps this policy is only appropriate for today and will not be the general policy for the future. — hank springer

posted 253pm 8 4 16 http://www.popdradiolog.com

HOA lawyer is expensive – Hank – 8 4 16

Posted on by
'You won't be able to afford a top lawyer like me for very long. But, maybe just long enough to give your wife one heck of a scare.'

‘You won’t be able to afford a top lawyer like me for very long. But, maybe just long enough to give your wife one heck of a scare.’

Hank Springer has concerns that the Summer Trees West  HOA attorneys hired by the board of directors are leading our residents into an expensive court procedure in order to put a special assessment lien on one of our homeowner’s home. I am curious as to who recommended this attorney office to us.  Read the following excerpt:

See: Loan Modification Frustration – Stop The Foreclosure Process

In many instances, the paperwork filed by the Bank or its lawyer is fraudulent, the originals are lost, or the doucments are otherwise defective. Those defects in the paperwork are allowing experienced foreclosure defense attorneys to help homeowners even after the bank has obtained a judgment against them or the foreclosure sale has already occurred…..

read more at http://www.hallandalelaw.com/florida-mortgage-foreclosure

posted 912am 8 4 16 http://www.popdradiolog.com

We Should Be Mad as Hell! — hank

Posted on by

evil group

Above cartoon I present to my readers representing my thoughts about the two major political parties and their stupid fanatical followers. When we are totally disgusted with the Senate and Congress let’s be sure to include their poltical affiliations and the lobbyists who control all of our lives. It is time to get mad as hell. — hank

I am not voting for Trump because he is backed by the evil Republican Party.

I am not voting for Hillray because she is backed by the diabolical Democratic Party.

Trump makes statements which are hard to accept.

Hillary lies like she is patholigical.

All of these things are being manipulated by the two major parties in order to squash the desire of the American people.  People are tired of major political shennangigans and that is the message that both major parties want to squash.

I will not send my vote this year by absentee ballot. I do not trust the insidious reach of the lobbyists/political parties.

A pox be on both major political party and their followers

Please read http://www.nytimes.com/2016/08/03/opinion/why-trump-is-not-like-other-draft-dodgers.html?emc=eta1&_r=0

Posted 10 16 am 8 3 16 http//www.popdradiolog.com

Are party loyalists messing with our minds?

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messing w your minds

from the New  York Times http://search.searchema.com/?uc=20160327&ap=appfocus29&source=3008-wNMdwwAuv31u88uoTQd8-bb8&uid=d0034157-06e9-4b86-b8c3-8d9a5f9791bf&i_id=email_1.9&page=newtab&

posted 255pm 8 2 16 http://www.popdradiolog.com

The Economy Is Not Good

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….Both have rebounded since the recession that began in late 2007 and extended to mid-2009. And each continues to be a relatively bright spot in the economy. But the unexpectedly weak economic report released on Friday for the second quarter of 2016, the third dismal quarterly report in a row, is a reminder that the recovery has never been robust — and may be in danger of petering out before the damage from the recession is fully repaired…..

…First, neither the housing market nor the auto industry would have survived without federal efforts to stabilize and reform them. Free-market ideology to the contrary, it would have been folly to expect ruined markets to repair themselves; when the crash occurred, only federal rescue efforts could stave off harm to the broader …

More at http://www.nytimes.com/2016/08/02/opinion/as-homes-and-cars-go-so-goes-the-economy.html?smid=tw-nytopinion&smtyp=cur&_r=0

Posted 952am 8 2 16 http://www.popdradiolog.com