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It
is increasingly apparent that The Villages developer and construction
departments have what could be a major problem with the vinyl siding
installation jobs on hundreds of houses in The Villages. And,
it looks like the developer and his construction staff are only grudgingly
doing no more than the absolute minimum to rectify the situation.
We are getting too many reports of the developer’s construction staff
trying to downplay the situation and/or burn off concerned residents as
“complainers.” This
is unacceptable. The developer
should be ashamed of his lame response and what looks like his effort to avoid
responsibility. The
POA calls for the developer to appoint a go-to person as the coordinator for
these vinyl siding repairs. Then
publicize that person’s name and phone number in the Daily Sun and ask
residents with any suspicion of a vinyl siding problem to call and have their
houses inspected and evaluated. Then
have the POA, or, if the developer doesn’t want to work with the POA, have
the VHA act as an independent ombudsman for purposes of monitoring these
activities and reporting back to residents periodically in the newspapers
about the progress of repairs. Also,
the developer may have built over a thousand spec homes that still remain
unsold. Who speaks for the
eventual owners? Does the
developer plan to just sell those homes and hope that buyers don’t notice
any problems with the vinyl siding? This
is also unacceptable. The POA or
VHA ombudsman should also demand an independent inspection of these spec homes
and repairs as needed. One
of the first things the developer should do is to insist on proper training of
all sub-contractors who install vinyl siding.
We think most subs are conscientious and want to do proper
installation. All they need is the
proper training on how to do it according to manufacturer’s specifications.
The developer should insist that all subs go through a factory-approved
training program on how to install vinyl siding properly. In
summary, it is incredible that the developer would tolerate what appears to be
sloppy and shoddy work and then try to evade responsibility and stonewall the
claims for repairs. What
has happened to the ideals and concern for family and quality on which Harold
Schwartz originally founded The Villages?
Yes,
Harold is turning over in his grave. ****************************** As
a post script, we have just learned that the Villages Warranty department may
be telling some residents calling about this issue that they might be charged
a service call fee if the department goes out to inspect their siding and
finds nothing wrong. First,
the odds are high that there is something wrong with the vinyl siding if the
house was finished in the past year or so. This
is based on the knowledge of how lax some of the training and oversight of the
vinyl siding process has been and the problems uncovered to date.
But, to be sure, residents should get knowledgeable and do their own
basic inspection before calling. Second,
isn’t the threat of a service call charge an effort to intimidate residents?
Third,
we hear that the department sometimes claims that “trouble-makers” are
agitating residents on this issue. If
residents are bringing up these issues about their community, does that mean
they are “trouble-makers”? This
is the old political trick of trying to discredit the messenger. Finally,
how crass is this on the part of the builders?
They should do whatever is necessary to solve this problem rather than
attacking and intimidating residents who just want properly-constructed homes. The
Villages should read the book on the Tylenol recall to see how to handle a
product performance crisis. If you
don’t show your integrity, you lose it. Below
is an open letter on the vinyl siding problem to Mr. Mark Morse from Mr. Ray
Micucci, the resident who first noticed the problem.
It looks like the vinyl siding problems continue.
Perhaps this letter will help to describe the problem and prompt
changes in the Villages construction departments. Residents
should study this letter carefully, even though it is long and demanding to
read. Make sure you understand the
scope of the problem: Dear
Mr. Morse: This
letter is going to be longer than either you or I would like. I want you to
understand the extent of the construction problems in The Villages,
particularly vinyl siding, and particularly in the Village of Duval. When
my house was re-sided months ago, I had Rick Murray, Villages construction,
here several times and showed him numerous problems with the construction,
including the siding. He
left here and the bad siding continues. Why? While I do realize that some
effort is now being made on more recent construction starts, this goes further
-- what about all the homes already built? What
about the homeowners who are not knowledgeable about construction, but trusted
The Villages to provide a quality product? If
you read the manufacturer’s Installation Guide for siding you will see for
yourself. The
siding contractors, in my opinion and many others, have not been installing
the siding properly on the homes here, and that is the main reason for most of
the problems. In
my conversations with Alcoa representatives, they seem to think that all they
can do is offer training for the workers, they can’t force them to do it
right. Alcoa
also tells me that while they warrant the siding product, they do not warrant
the installation. And
just as most manufacturers would do, Alcoa would probably void the warranty on
their product due to improper installation if major problems arise later. I
am a retired contractor with hands on experience. I did my first siding job 35
years ago and have done many more since. I have never had even one call back.
If siding is installed by the book, using the proper tools and parts, there
are rarely any problems. Just
by reading the installation manuals from Alcoa, Vinyl Institute of America,
Georgia Pacific, and others, you can see that your siding subcontractors
aren’t even close to doing a proper job. Many
residents in Duval have had to call Home Warranty regarding problems with
their siding and after substandard, superficial repairs were made, have had to
call again. These
repeated call backs should be telling you something. If it was done right the
first time it wouldn’t have to be done over and over. For
example: my neighbor had the top pieces of siding at the end of the garage and
under his Florida room window fixed four times so far and the pieces are
falling again as I write this. F&R,
the subcontractor on that job, claims to be using an “alternative” method
instead of using the proper undersill finish trim which is made for that
purpose. Obviously, the “alternative” just doesn’t work. This
is just one of seven houses that I personally know of that have siding falling
off right now where the subcontractor had supposedly used the
“alternative” method. Just
driving through the neighborhood or along Buena Vista Blvd. you can see
falling siding, and other siding problems on homes in the area. The
residents will have to call Home Warranty and have repairs on jobs that should
have been done right the first time. Why
don’t the siding sub-contractors learn? Why do they think they know better
than the manufacturer? Is
it because they are being paid to go back and do it again multiple times, or
is it just because they assume most of the problems will be overlooked by
residents who don’t know what they’re seeing or what is proper when it
comes to construction? They just assume a new house will be built right. When
F&R did my house over, the owner of F&R complained loudly and said to
Dean Carter, Villages construction, and me that he had done 400 houses in this
development and never had a complaint. My response was that there must be 400
houses done wrong. He did mine over – still not well, but better. When
F&R left, Carter’s representative apologized to me about how the F&R
man had behaved, saying the guy was hotheaded. I’m ashamed because of his
poor workmanship in his trade. I proved to him that the installation was
improper with several installation manuals including Alcoa’s and the Vinyl
Institute’s, but instead of changing, they just kept on siding the same
sloppy way in the rest of the development. Usually
when you prove to someone they are doing something incorrectly, they make an
effort to change and improve their quality. Here, it seems, the subcontractors
continue to do the installations their old way, in defiance of proof and
common sense. Mr.
Morse, remind your contractors that we residents need their respect. We are
the ones paying their bills. There’s no excuse for a shoddy job, or repairs
that repeat the shortcomings of the original or simply cover up the defects
– for the time being. Now
there are hundreds of homes that need repairs because of sloppy, careless
workmanship and refusal to use the proper materials for the job. We
residents have been misinformed about the undersill; some have been told,
“The distributor doesn’t stock the parts” and even, “Don’t panic if
it falls down, just push it back” and “Most people like the stepping”
– whatever story or excuse will work. I
called your distributor, ASI, and was told that all parts for all colors are
in stock. And even if they weren’t, surely a development of your size could
plan ahead and order what you need ahead of time. There’s
no excuse for not using the proper parts. As for the stepped appearance, I
don’t know of anyone who “likes” it. Is there a list of residents who
like the stepping? References
in the manuals say for best appearance to keep the seams several feet apart. I
guess your subcontractors know better than the manufacturer about best
appearance – or perhaps more likely they just don’t care about the
appearance at all. And
why are scraps of siding being used where the width of a wall is less than
12’6” (the length of a full panel)? Using cut pieces creates unnecessary
seams which are especially unattractive on the front of a house. Why
not take a survey of residents’ opinion: when they know there is an
alternative to the stepping, ask, “Do you like the stair stepped appearance
of the seams on your home and your neighbors’ homes, or would you prefer
fewer, staggered seams, and no seams wherever a wall is less than 12’6”
wide?” Ask,
“Do you like having warps, bellies and waves along the sides of your home
and your neighbors’ homes?” Ask,
“Do you like having lots of seams on the front and sides of the homes?” I
have also heard from other residents that F&R’s representatives have
sometimes been condescending and abrupt when they go to make repairs, and also
try to talk the homeowner out of doing it right, causing the homeowner
distress that he must fight just to have the job done properly. Many residents
are elderly and do not feel up to handling this situation. There
are even instances where the Home Warranty representatives became testy with
homeowners, myself included, when repeat calls were required because of
improper fixes. The
residents should not be put in this position. It
is up to the subcontractors to clean up their own mess and fix it right, not
just throw in a nail or two, or shove the panels back in place or shim them
with scrap material – where they’ll probably fall back out anyway. It
is the contractor’s and subcontractor’s responsibility to do the siding
jobs over because they’re the ones who didn’t do it right – they got
caught taking shortcuts. No
resident should have to do battle for the job to be done over – and done
correctly. It’s
as simple as following the manual. And
Alcoa produces installation guides in both English and Spanish, so the
language barrier is no excuse. And don’t blame it on the Mexicans, they’ll
do installations however they’re told. It’s the people with a chip on
their shoulders after being caught who don’t want to admit what’s wrong or
correct it. Further
to siding repairs: when siding is being replaced, is the original, underlying
house wrap, now full of holes, also being replaced before the new siding is
installed? Is the underlying sheathing being examined to see if it has gotten
wet, and if so, why? Is it also being replaced and is the cause of the water
damage corrected – or will it just happen again? Mr.
Morse, during our telephone conversation I offered to take you around to show
you some of the siding problems, but you didn’t want to come out. Why
don’t you take one of your engineers or architects out to see and to explain
why there are so many waves and bellies in the siding work here in the Duval
community. Why don’t you just drive around Duval around 4 - 5pm on a sunny
day and look down the sides of most of the homes, from the front and from the
back. Look for warped, twisted and bellied siding which is on at least a third
of the homes. Also look for pieces that are loose and falling from under
windows and soffits, look for missing pieces of drip cap. There are many homes
sides having siding panels with a noticeable difference in the color or
surface sheen of adjacent panels, probably from different dye lots. These
are only some of the problems you can easily see from the road. And if I can
see these things, why can’t the workers or their supervisors who are
supposed to be trained and certified see it and correct it before continuing. I
can walk to at least 10 houses in 20 minutes and find bad siding. Why didn’t
the contractor see such bad work? Why didn’t the sub do it right to begin
with? If they are indeed certified they have no excuse for the substandard
quality of their workmanship. It looks like they never even opened a manual,
much less studied it. The
symptoms of warping and bellying are often related to warped and buckled OSB
beneath, often because it has gotten wet. This needs to be corrected now, not
left for the homeowner to find after the 1-year warranty is up. The homeowner
should not be left in ignorance of the problem because they do not know how to
observe the symptoms or simply trust that their new home is well built. Additional
siding problems I have found: 1.
Siding is either very loose or much too tight. According to Alcoa’s guide,
nailing too tight or too near the end of the nail slot will restrict movement
and may result in wavy panels. 2.
Staples cut through siding resulting in no attachment to wall. 3.
J-channel on gables either too far away or too close to roof—varies from no
room up to a 2-inchgap. No chalk line used, so often not even straight. 4.
J-channel cut either too short or too long; corners cut too short, leaving
gaps. 5.
J-channel wavy & twisted. Siding not level. Again no chalk line. 6.
Corners with nails not in the slot. 7.
Corners twisted & crooked. Installer not using small framing
square. 8.
Nails or staples up to 48” apart, not 16” as the guide indicates. 9.
No drip cap on gable ends of some courtyard villas having transition from
Dutch lap panels to cedar impression. Some villas have it, some don’t. A few
have been repaired after this was pointed out. One
day I observed a workman installing siding by himself on an 8-foot step
ladder, working over his head. In fact I made a video of it – it would make
a good lesson: “How NOT to hang siding.” How
can it be done by one man on a step ladder without buckling the siding? It
can’t. One
man cannot do a siding job properly by himself and do a good job—especially
with contractor panel, it’s too flimsy. The
man pushed the panel in the lock in the center, nailed two nails, got down and
moved the ladder to the right, nailed again, moved the ladder left, nailed
again, etc. Of
course there’s a wave in the siding. To
hang straight, it has to hang evenly with no stress. Every one of your workers
should go back to training to be instructed and tested on proper installation
methods, for siding as well as other phases of construction. Dean
Carter is the contractor who built my house, and there have been many
problems, not only the siding; however, from what I see, he is the only one
making a sincere effort to fix problems and do the right thing. He
is to be commended for understanding that there is a problem with quality and
workmanship issues and is trying to get his men to do a better job. The
subcontractors don’t seem to want to change. They are resentful of being
caught and there seems to be no motivation to do the best job and no
consequences for a poor one. What
I am asking you, Mr. Morse, is really very simple. Just tell your contractors
and subs to go by the book, use the correct parts and install them properly, and
redo the work that was done incorrectly. The
people of Duval and The Villages deserve better than they are getting. Just do
what’s right. It
has been suggested that a state agency or a senior advocate agency may be of
help in resolving these problems here in The Villages. Mr.
Morse, why not simplify it and take steps to assure that your contractors and
subcontractors are following manufacturers instructions in all phases of home
construction. Instead of denying that there are any complaints and looking the
other way, take the matter seriously, and insist that the work is done correctly
– the first time. Have a knowledgeable foreman oversee the jobs and inspect
each phase before work progresses. Have the integrity to do the job right, not
just fast. Don’t accept excuses. Mr.
Morse, I, and I’m sure every resident as well, am very appreciative of all the
positive work that has been done to make The Villages a great place to live. You
and your family did a beautiful job in bringing your grandfather’s vision to
life on such a large scale. We have wonderful neighbors and friends and there is
so much to do here. I feel privileged to be one of the few people in the country
who has had an opportunity to live here and I thank you for it. Please step up
and make sure that the beauty is more than skin deep and that integrity is not a
thing of the past. PS:
Just now (8 March 2007), I visited two of my neighbors that are having repairs
done on the gable ends of their homes where there was bellied siding due to the
underlying OSB sheathing. I
noticed right away that they were driving the staples too deep, with no
allowance for the vinyl to expand, which will result in buckling again. I
asked two of the workers if they were aware that it was too tight, and also if
they knew how to adjust the staple gun. They both said “No” and also said
they had not had any training or instruction on how to install the siding or use
the tool. It’s
not their fault. If they knew the right way, they would have done it. Now
it just has to be done again—a third time. When
will The Villages train the workers to do their jobs properly? Maybe then they
could take pride in their work. The workers are good and willing. It’s the contractors and subcontractors who need to do their own jobs to make sure things are done right! I
feel obligated to respond to your article about vinyl siding here in The
Villages. My
name is Rod Lessard. I retired in
2002 after 35 years in the home improvement business.
I dare not guess at how many panels of siding I have installed through
the years. I have participated in
the growth and development of these products to what they are today.
Alcoa is the finest manufacturer of vinyl products since Mastic T-Lok,
which Alcoa bought up. Years
ago, siding was a swear word. Do
you remember Johnny Carson’s monologue about being re-incarnated as an
aluminum siding salesman? Or
perhaps you recall Richard Dreyfus and Danny DeVito in the “Tin Men”? Believe
me, vinyl siding has come a long way – giving some credit to the
manufacturers, but mostly to the innovative applicators who installed it,
creative workmen who improvised techniques and styling to make a home look
fantastic. Applicators
are the knowledgeable and proud workforce that built this industry. With
the massive amounts of vinyl siding being applied in The Villages, a dreamlike
market has been created. Wow – I
would have loved this in my youth. Alcoa
should have sent you a watchful representative a long time ago!
The problems you describe are many, but are indicative of untrained
applicators. An
experienced, professional applicator could solve these problems within a short
period of time with supervision and training on the job.
Below
is an entry on the POA Website Forum page about the Vinyl siding installation
manual: Mar
10, 07 - 8:21 AM: The Complete address for the Alcoa siding installation manual
is: http://www.alcoa.com/alcoahomes/objects/Docs/InstallationInstructions/General.pdf It
took me awhile to find the right page, but this is it.
The
VCCDD has scrapped the idea of the Resident Authority Board.
In its place will be a Resident Advisory Council. The
key difference is that the Advisory Council will only be able to suggest and
advise rather than make decisions on its own regarding the administration of
the Amenity program north of highway 466. This
Resident Advisory Council (RAC) will have ten appointed members.
Each of the four residential CDD districts will have its CDD chairman
and one other resident appointed to the Council.
In addition, there will be two representatives from the Lake County
portion of The Villages: one from east of highway 441/27, and one from the
west side, both appointed by the Town of Lady Lake Commission. The
purpose of the RAC will be to seek resident input, explore issues, and provide
advice and recommendations pertaining to policy, general management, and
operations related to the VCCDD Amenity Fees. This
idea of an Advisory Council was proposed after CDD1 and CDD2 decided to not
support the idea of the Resident Authority Board even though a majority of
Villages residents favored the idea in the November, 2006, election.
The VCCDD has decided that all four CDDs north of highway 466 had to
support the Resident Authority Board concept before it could be formed.
The
idea of an Advisory Council, as opposed to an Authority Board, is a lame
substitute given that the residential CDDs did not unanimously support the Board
idea. However, if and when the
interests of the developer and the residents differ on a substantial issue, it
is likely that the interests of the developer will prevail on the final
decisions of the VCCDD, regardless of what the residents think or recommend
through the Advisory Council. As
an example of this issue, consider the recent approval of the VCCDD for
extending Villages Amenities to the future residents of Freedom Pointe active
retirement facility soon to be built in The Villages.
Nobody can deny that Freedom Pointe is a welcome and needed facility in
our community. However, Villagers
were concerned about extending Amenities to those residents without a detailed
study of the impact that would have on our current facilities.
Residents wanted to wait before granting the request for access to
amenities; VCCDD supervisors decided to grant the request now, in spite of
resident objections. The thinking
was that the developer wanted to extend amenities to Freedom Pointe, so that was
the way the VCCDD developer-appointed supervisors voted, no matter what
residents thought. Had
a Resident Authority Board been in effect, with decision-making authority, the
decision would probably have been deferred for more study.
And, a resident board would probably have sought some accommodation or
compromise with Freedom Pointe. But,
with the developer-appointed VCCDD supervisors in charge, with authority to make
decisions, the resident point-of-view was ignored.
That is probably going to be the fate of any Advisory Board
recommendations to the VCCDD when resident interests conflict with those of the
developer. This might be a growing problem as the developer sells off his real estate holdings in the VCCDD area. The sale of property will carry with it the voting power in the VCCDD. Residents could find an absentee owner, perhaps with no knowledge of our community, with the decision-making power over amenities. Good luck to us then.
This
is a verbatim transcript of the discussion in the February 7, 2006, VCCDD
meeting. The discussion here is
about the Straw Vote and the VCCDD decision to not proceed with the formation
of a Resident Authority Board as voted for by a majority of residents in the
November, 2006, elections. This
is long and somewhat dry reading. But, it will give you a flavor of the
discussion in the meeting and the comments from various residents and the
developer-appointed supervisors of the VCCDD. This
meeting was an open meeting, and all the comments of supervisors and members
of the audience are a matter of public record. Agenda
Item No. 6 - Straw Ballot Discussion Gary
Moyer (VCCDD Supervisor and an employee of the developer) - I think that we
are all aware that Districts 1 and 2 opted not to participate in the authority
or name anyone to the transition committee that would draft the interlocal
agreement that would be necessary to bring about the authority, and I think that
Mr. Lowery (VCCDD board attorney) at a previous meeting indicated, and I
certainly agree, that it is necessary in order for this board to go forward and
establish that authority that those numbered districts be participants to that
because the whole concept is where governments cooperate together and in this
case it would be the numbered districts, village center and lake county would
cooperate to form this authority to jointly discharge responsibilities as it
related, or at least that was our intent, as it related to the recreational
amenities programs of the district. So,
it appears that we can’t proceed with the authority, but when you go back and
you look at what the original intent of this board was in proposing the
authority it was to really solicit additional resident input into the programs
that this district offers for its amenities and although we are not going to be
able to proceed with a very formal structure which was the authority, I still
feel though that we should consider proceeding with a RESIDENT ADVISORY COUNCIL,
if you will, which has been successful in the past in terms of our focus groups
where there are issues that come before this board we have asked our residents
to form advisory groups to advise us as a board on actions that they felt were
necessary and in the best interest of the community.
So, what I would propose after public discussion, and I’ll make this
motion at the appropriate time is that we direct staff during the next month or
so to give that some thought on what that resident advisory council would be
comprised of and to return to this board to take further action on that type of
approach. Again, this would be an
advisory council to this board. It would be actually something that would be
authorized by this board and it would be subject to the provisions of the
sunshine law and it would be open for anybody to come and participate in that
advisory board process. So that is
the direction I would like to see this board take going forward. Bill
Garner - I certainly believe the NO votes won the election. However, there
were a couple of CDD’s that didn’t. Whenever
we have elections in the Mike
Killingsworth (VCCDD Board Chairman and president of the developer’s bank)
- Thank you Mr. Garner. vote.
I have never seen a situation in a democracy where one small part of
that democracy can overrule the wishes of the majority.
In an election, it has always been in this country, majority rules and
all of a sudden we have a situation where one part is taking away the rights
and the vote of the majority. (Applause) Moyer
- To address your first point, the ballot language was pretty specific - the
ballot language said we would create an authority comprised of - it was very
specific - districts 1, 2, 3, 4, Lake County, and the VCCDD would be included. Yedwab
- Well it did not provide that representatives of each 4 districts had to take
part in developing this interlocal agreement and I believe that this board has
the authority to set up elections in districts 1 and 2 for the voters in
district 1 and 2 to decide who their representative should be in creating this
interlocal board and ... we could proceed from there. Moyer
- Sir, I as one supervisor, have
NO intention of usurping the authority of an elected board by districts 1 or
2. Yedwab
- But that elected board was not elected to take part in setting up an
interlocal agreement. (Applause) Brian
Evans - I think the vast majority of residents love the way the villages
is being run right now. Of course,
the election was for or against change, but that is not the real issue here.
As the developer sells off land in the center district ... control of
the way the villages is run is slipping away from the developer and I think
the issue is whether we are going to let that happen or maybe step in now as
you wanted to do and let the residents have some say.
Therefore, I think we should continue with the discussions, even if
district 1 does not want to participate¼.
(Applause) Don
Dekin - Sounds to me like we have a case of the tail wagging the dog.
And I agree with all of the previous speakers.
I can’t believe that one or two districts can veto this whole straw
ballot situation. I know that in
the US every state is given the opportunity to participate in our government.
Whether they choose to participate or not is up to them.
They are not necessarily involved in every legislative decision¼.
It seems to me that Gary, from what you said about the wording of the
straw ballot and so forth, they had to be given the opportunity to participate
in the interlocal agreement and the setting up of that government.
You have given them that opportunity.
You need to make it clear that with or without them you are going to
proceed and when they realize that, they are going to sit back and say well,
gee, well maybe we had better have some sort of a say on this and you might
find that they would have a representative there.
The other questions I have is how is the resident advisory council -
and I understand you’re saying it would under the sunshine laws and so
forth, but how is it REALLY any different from my coming up here to this
microphone and giving you my input? We
all have that opportunity because you afford us that opportunity and you hear
our comments and you react accordingly and we appreciate that, but that’s at
your whim - it’s not because we actually have any real authority.
So I am asking you then, Gary, if you don’t agree with the advisory
council and what they are recommending what authority - what recourse do they
have or will they have down the road? Especially¼you
are not always going to be on this board¼and
at some point in time as the previous gentleman said, this board will be made
up of people who represent other business entities and then what is our
recourse at that point in time? So
I would urge that we proceed as the straw ballot intended and as the majority
of people recommended and see if we can’t find a way to get this interlocal
government going so that there is real authority over our amenities fees.
(Applause) Killingsworth
- Thank you sir Elaine
Dreidame - Reiterating what some of the others have said, is there any
possibility of forming a group such as you are talking about - yet the purpose
of the group would be to come up with what might encompass the interlocal
agreement so that people would actually know if we put it on the ballot in
2008 exactly what it was they were voting on.
It’s very nebulous, no matter what side you are on of the issue, but
when the people have spoken and said - WE WANT IT - well, can we get
representatives and do it the same way - unofficially - as an advisory thing -
let them come up with something working with the VCCDD member that’s
acceptable to everybody and then put it to the vote of the community once they
know what it is? (Applause) Carl
Bell - Is there any room in your heart to give us some consideration to
perhaps just putting two residents on the existing VCCDD board?
Keeping the majority of the vote right where it is because of the great
job you all do, but yet giving us a voice? Killingsworth
- Thank you sir. Jim
Murphy - As I read Chapter 190, it doesn’t appear to me that the creation
of this board requires an interlocal agreement because an interlocal agreement
requires the sharing of resources between one or more government bodies.
None of the things that you are talking about here do any of the CDD
boards have any legal responsibility for. So
I think the major question here is not one of interlocal agreements, which I
don’t think this proposal even needs, is to decide what are the legal problems
you have to deal with to split off some of your responsibility as far as chapter
190 is concerned. So, I guess my
request would be - you had a straw ballot and the majority said they think
it’s a good idea - go back and take a look at what you can do without
interlocal agreements to make this body a legal body that has the authority to
pick up some of the responsibilities that you people share now.
(Applause) Moyer
- This board cannot simply delegate its authority or responsibility.
That is not in chapter 190. We
can’t pass on that responsibility to whatever group.
And after doing a fair amount of research and talking to some very
brilliant legal scholars that work in the arena of municipal law the only way we
could have accomplished this was thru chapter 163 which requires the formation
of these authorities in which governments by contract - and that’s really what
we are talking about - participate in discharging mutual responsibilities.... Moyer
- Mr. Chairman, if you will permit me, and I certainly do appreciate all of the
suggestions that have been made and we will consider those, but I would like to
keep the ball moving forward in a fashion as I outlined and I would make a
motion to direct staff during the next month or so to give some thought to the
way we could form a resident advisory council that could provide advice to this
board on programs and facilities and things of that nature that we are involved
in that the residents feel are important to the life style of the villages. The
motion was moved and passed unanimously. Bill
Garner - Does this mean that the straw ballot will be completely forgotten
about? Killingsworth
- I think we are trying to move on to some alternative that will work - as an
alternative, is the only thing I see. Garner
- The No vote is finished then is what you’re saying - you’re going to
replace that with a.... Garner - So as far as you are concerned there will never be any election of the people to this board at this point. Moyer - Well I can never say never. Garner - As far as the next two years - that has been dropped?
Eleanor Strickland - I don’t believe that the ballot stated that the representatives had to be members of the CDD in any district. You made that regulation after the fact and I think (Applause) that my vote was cancelled by one or two people in district 1 and 2 who decided they didn’t want to participate. That is absolutely INDEFENSIBLE on your part and on theirs. (Applause)
Moyer -
That very thing was discussed with the Attorney from Marion County and his opinion was absolutely not. Gorman - How do boards get created? Moyer -
Boards get created by laws of the State of Florida - either general acts or special acts, but this board does not have the authority to create a government. That was the issue that Mr. Johnson and Marion County made very clear to us as we were going thru this process trying to get that language on the ballot was that in no way could we have a system that would permit the at large election of authority members that were not appointed by the numbered districts. Gorman - No, the question was how do these boards get created. Mr. Chairman, I’d like to ask the question of legal counsel whether he shares that opinion on how boards are created. Can we direct that to Mr. Lowery? Mr. Lowery is it possible - how do boards get created and would it be possible to sponsor the creation of a board under chapter 163 by
this body? Not create it, but
SPONSOR it. Archie
Lowery - Well I’m not sure I understand what you mean by sponsor.
It’s created by statute but I don’t know of a way at this time, but
if the board so elects, I could look into it but I don’t think there is a
way. Gorman
- Well this might be a way out if it would be possible for this body or
somehow or other to create a board under chapter 163 as Mr. Moyer originally
suggested and I think it would be a simple matter of this board negotiating
with a newly created board under chapter 163, the interlocal agreement and you
wouldn’t really need to give a veto power to any of the districts. Lowery
- You mean this board creating another Board that has all the authority that
this board would have? Gorman
- I said somehow or other sponsor the creation of a board under chapter 163.
I mean, how do boards get created?
Someone has to say let’s create a board and you go thru legal process
and it gets created. Why can’t
that be sponsored by this board? That
would get you over the hump of having an authority that you could negotiate an
interlocal agreement with. Why not
consider that? Moyer
- Joe, you’re friends and respect the opinion of Mr. VanAssenderp.
Give Mr. VanAssenderp a call and I think he’ll tell you exactly what
I said. There is no way a
government can create another government. Gorman
- I’d like to talk to him, but I think he wants to charge me next time I talk
to him so I don’t know that I can do that.
A suggestion could be made by this board to create a board under chapter
163 you’d have the legal entity with which you could negotiate this interlocal
agreement you are talking about. Moyer
- I know what you’re saying. Gorman
- Let me address this if I could. Please
consider this possibility in the work that you are planning on doing here for
this advisory committee. I think you
really need to take a look at it because I would hate to see this whole concept
slip away over lack of maybe doing a little more leg work in terms of trying to
clear this thing up. It’s clear
the majority said let’s do it - let’s make the change and let’s not let
that slip away. Take a look at this
possibility of creating a board because that solves the whole problem if you can
do that. (Applause)
Below
are comments from Mr. Stan Kozloski, a CDD3 resident, asking the VCCDD
supervisors in the March meeting to wait and think a bit before tossing out
the Resident Authority Board concept, authorized by the majority vote of
residents in the November elections: Later
in this meeting you will be discussing the formation of the Resident Advisory
Council that is to be created as a result of the failure of Districts 1 &
2 to appoint someone to the board that was originally envisioned in the Straw
Ballot. Since
this issue is not time limited, what's the hurry? By
proceeding I believe that you are being grossly unfair to the District 1 &
2 supervisors and residents. For
whatever reason, the District 1 & 2 supervisors took it upon themselves to
go against the majority vote and thereby violate the basic principle of
democracy. As a result they have
not only embarrassed themselves, but every resident of the Villages.
Many people, including residents of both Districts 1 & 2, are very
upset with the actions of these supervisors. Because
of the very nature of CDDs democracy is often a foreign word, but it doesn't
have to be in this case. I
believe that the supervisors of Districts 1 & 2 deserve a second chance, a
chance to correct their mistake. Who
wants to be labeled as being undemocratic and pro minority rule? Rather
than have a letter sent to each district asking them to appoint someone to an
advisory body, postpone that action temporarily. Instead,
have the district manager prepare a letter to Districts 1 & 2 asking them
to re-consider their actions regarding this matter, and that they take a
re-vote on appointing someone to the resident board. This
action has a number of benefits: 1.
It clearly gives them an opportunity to correct their mistake if they so
desire, and commit themselves to upholding the basic principles of democracy,
a commitment they have not yet made. 2.
Should their vote remain the same, it is clear that there was no mistake and
that their action was intentionally undemocratic. 3.
It puts aside some of the speculation that this was "a setup,"
"done deal," "manipulation," "window dressing,"
etc. by the developer and VCCDD from the very beginning, and that there was
never any intention of giving the residents any say or authority. 4.
Should their vote change, it will quell some of the animosity and hard feelings
toward these two districts. On
the down side: 1.
Should you hurry unnecessarily and proceed without giving them a chance to
re-consider their actions you only give further credence to number 3. above. 2.
You create another quandary for the residents.
This new council will address all of the amenities in all of the
districts; do the residents want to be represented by someone who is
unpredictable re: the democratic process? For all of our sakes, take the time to do this right. The
POA will have its April 18 meeting at the Lake Miona Recreation Center at 7:00
p.m. in the Defender and Intrepid rooms. The
speaker for the evening will be Ms. Alison Brown, Editor of the Reporter
Newspaper. She will speak on the
Mission and Objectives of the Reporter in The Villages. We
also plan a town hall question and answer session in which any resident can ask
any question about any topic with no prior restrictions.
The
Disclosure Reform bill suggested by the POA in past years has been submitted to
the 2007 session of the Florida Legislature by our friends at Cyber Citizens For
Justice, Jan Bergemann, President. The
bill has been put into proper format and is now being considered.
The original bill may not survive in its original form, if at all.
However, this is a start. And,
we need Villagers and POA members to support this bill by contacting our local
Legislators. In
the House the bill number is H1373, sponsored by Representative Robaina.
In the Senate it is bill number S2816, sponsored by Senator Villalobos. You
can review the whole bill at: http://www.ccfj.net/PB07HB1373.html.
If you click on CDD, the link
will take you directly to the Disclosure Reform language. In essence, the bill requires that:
Please
contact our local Legislators and request that they support this legislation: Senator
Carey Baker can be contacted at:
baker.carey.web@flsenate.gov Representative Hugh Gibson is at: hugh.gibson@myfloridahouse.gov I
am a Villager that also resents the fact that our home is used as a resort by
people who have no intentions on buying. This happens a lot. The attitude of
some people is "why should I
buy, when I can come here for a couple months, have a wonderful vacation at a
very reasonable price, then go home. My
daughter was here to help celebrate my birthday.
We tried to get into Katie Belle's one night, but it was so packed that
we left. We went again on Saturday
night at an earlier time and did finally get in and enjoyed a wonderful meal
upstairs. My
friends have either been "kicked out" of the tee time system or end up
at the same golf courses - the ones least requested.
Why should vacationers have the best Tee times? I
don't know what can be done about the "vacationers," but I think this
issue is one many Villages are unhappy about, but many choose not to say
anything, or don't know what can be done about this. The
POA now has the updated Sexual Offender Database 3-ring binder available for
review at our monthly meetings. If
you have not been able to review this recently, it may be worthwhile for you to
do so now. The
updated binder shows sections for The Villages (20 individuals), Lady Lake (21),
Oxford (5), and Summerfield (40). Twenty
people are listed for addresses in The Villages.
This compared to twelve individuals listed about a year ago when the POA
first compiled this binder. Some of
these twenty may no longer be active in our area, but you never know. Another
website shows a map of any area in the U.S. and pictures of these sexual
offenders by location. This website
is at: http://www.familywatchdog.us/
and is a good interactive view of sexual offenders in our community. If
you have friends or family visiting you who may not be familiar with our area,
it is important for you to review this material so that you can take any
appropriate actions to advise and protect your family members.
Our
new membership year for 2007 has started. It
runs annually from January 1 to December 31. So,
this is a good time to renew your 2007 annual POA membership.
Our dues are still $6.00 per household per year.
If
you want to renew now, it would be a big help to us.
Just use the membership form on the top right edge of page 15 in this
Bulletin. If you mail in the form
with your check and a self-addressed, stamped envelope, we will mail your
membership card back to you. If you
don’t enclose a stamped envelope, we will hold your card for pickup at a
meeting. If you are not yet a member of the POA, this is a good time to join. Just use that same form on the top right corner of page 15 in every Bulletin. Several
people have asked recently about seeing a map of their residential CDD or their
Central CDD District (the VCCDD or the SLCDD). The
places to go for these maps are the two websites of the Central Districts: For
the VCCDD, go to this site: http://www.districtgov.org/vccdd/home.asp For
the SLCDD, go to this site: http://www.districtgov.org/slcdd/home.asp There
has been a settlement in the Corrugated Stainless Steel Tubing (CSST) lawsuit.
Go to the internet website, www.CSSTsettlement.com
for more details of the settlement. This
settlement has been approved in the Clark County Circuit Court of Arkansas.
The Defendants in the case, Titeflex Corporation, Ward Manufacturing,
Inc., OmegaFlex, Inc. and Parker Hannifin Corp., are referred to throughout as
“Settling Defendants.” The
persons who filed the lawsuit are called “Plaintiffs.” The Effective Date of
the Settlement is March 5, 2007. Updates
to this website are summarized on the Recent Updates page. Summary: A
nationwide class action has been filed on behalf of any and all persons and/or
entities who own structures in the United States in which CSST manufactured by
Titeflex, Ward, OmegaFlex or Parker Hannifin was installed as of September 5,
2006. Plaintiffs allege that CSST
poses an unreasonable risk of fire due to lightning strikes.
The Settling Defendants deny these allegations and assert that their CSST
is safe if properly installed in accordance with local codes and the
manufacturers’ instructions. The
Proposed Settlement is a compromise of disputed claims and does not mean the
Settling Defendants are liable. If
you wish to claim the benefits of the Settlement, you must submit a fully
executed Claim Form by September 5, 2007. You
may complete and submit a Claim Form online or request that a Claim Form be
mailed to you at the Submit a Claim Form page. The
POA extends congratulations to the new president of the VHA, Roger Kass.
Mr. Kass was selected by the VHA ruling board a few months ago, but
just took office after the official announcement in mid-March. Mr.
Kass identified his primary objectives as enhancing communications between
residents, Center Districts, and the developer. Better
communications are always desirable. However,
we would like to see Mr. Kass speaking out on important Residents’ Rights
issues and championing the residents’ viewpoints on issues of interest to
them. The
problem with the VHA has always been that it is so closely aligned with the
developer, that it often loses sight of Residents’ Rights issues. For
example: When
the developer through the VCCDD wanted CDD4 to pay the $165,000 cost of
sinkhole repair on a pond on the developer’s Nancy Lopez golf course, the
VHA said nothing. The POA said
that the developer should pay. He
eventually did. When
the VCCDD and the SLCDD voted for
an Activity Policy that severely restricted our Constitutional Rights of
Speech and Assembly, the VHA thought it was a good idea as passed.
When the Central Districts voted to rescind the policy, the VHA thought
that was a good idea also. The POA
spoke out for Residents’ Rights and against the Activity Policy and didn’t
flip-flop like the VHA. When
the Straw Vote was up for consideration, the VHA maintained that it was
neutral, even though its demeanor was against the idea.
The POA spoke out strongly for the idea of residents having
decision-making authority based on the Straw Vote.
The VHA never did officially support either side of the issue, thus
depriving residents of its leadership and advice. So,
we hope that Mr. Kass is more forward-thinking and speaks out for what is best
for residents. The
VHA doesn’t need to be a cheerleader for the developer.
It should provide positive leadership for residents in our community.
And, that means speaking out on important issues and providing leadership
in our community. If the developer
doesn’t like it, then that is sad, but the main emphasis should be on what is
good for residents. Below
is an exchange of comments from the POA Website Forum about the problem with
non-residents using facilities in The Villages and when to request to see the
IDs of strangers in the pools: ******************************* That
(asking to check IDs) would certainly help to control the influx of people who
are coming into our pools from the outside.
Also, do not hesitate to ask people who are in the pool for their IDs.
Many people jump in the pool when they see any rec personnel come by.
JP ******************************* J.P.
This is very true but I didn’t move here to police my community.
It is The Village responsibility to make sure only residents are using
our facilities. Just because they
don’t do it why should we as residents take the responsibility without having
any say or input into how it should be done.
It
is only a matter of time before a resident questions a non-resident and some
sort of incident takes place – possibly leading to the resident being injured.
The Villages would surely say the resident should have called a rec
center and have them do it. Again,
they are placing the responsibility on us. By
the way it is just not the pools – I am sure it is also the pickle ball courts
and other facilities as well. I
think this is a great community but some of the rules have to be strengthened
and enforced by The Villages, not the people who live here. ******************************* The
Village Greens will be holding its next meeting on April 25th, 6:30 p.m., at
the Laurel Manor Recreation Center. The
Village Greens is a new club in The Villages with a goal of making The
Villages a showcase for the protection of our environment and the conservation
of our natural resources. The club
is open to any Villager interested in protecting the earth. The
club is privileged to have author Cynthia Barnett, investigative journalist and
environmental historian, as its guest for April.
Our other guest speaker is Trey Arnett, Water Resource Engineer for The
Villages. Mr.
Arnett will address water conservation as practiced here in The Villages. Ms.
Barnett has just written a new book called “Mirage.” In the book, Florida's
parched swamps and sprawling subdivisions set the stage for a look at the water
crisis throughout the American East, from water-division threats in the Great
Lakes to tapped-out freshwater aquifers along the Atlantic seaboard. From
its calamitous opening scene of a sinkhole swallowing a house in Florida to its
concluding meditation on relationship between water and the American character,
Mirage is a compelling and timely portrait of the use and abuse of freshwater in
an era of rapidly vanishing natural resources Cynthia
will be discussing her book and signing and reading special passages from it as
well. The Village Greens is
proud to promote Mirage and an autographed copy will be given as a gift to
anyone making a minimum donation of $15.00 to the Village Greens. Don't
miss this meeting. Many who have
read the book couldn't put it down. During
the winter months, those of us who are full-time residents seem to be less than
enthusiastic about the people who vacation here during the winter months.
Some residents think that the snowbirds are people who rent and don’t
own property in The Villages. So
let’s set the record straight on this important subject. In
January, February and March there are 3,l00 private homes that are rented in The
Villages. Each homeowner can provide
the tenants with two residents
passes, giving the tenant the same amenities that the owner has for a $50.00 fee
paid to The Villages Property Management Division.
No tenant can receive priority golf privileges.
Also, each tenant is charged a sales tax fee incorporated in their rent
payable to the county in which the home resides.
There
is no data to determine how many
homeowners do not rent their homes and use them for their own winter vacation.
However, I think most of us would agree that it’s a large number.
So, the definition of a snowbird does not necessarily mean he is a renter
and in most cases he is a homeowner. Restaurants,
golf courses, and retailers will tell you that the bulk of their revenue is
during the winter months. The value
of the snowbird whether he is
renting or an owner is an important part of our economics and we need them.
Cheers
- To the VCCDD administration for deciding to grind off many of the high edges
on the concrete recreation trails which made the golf cart ride so bumpy.
That is a good start. There
is much more to do to complete the job. So far, so good, and thanks. Jeers
- To the Bulletin editor for not getting more Cheers/Jeers material to print
here. Folks, we need help.
E-mail your ideas to us. Condolences
- To Thomas Jefferson, editor of the Declaration of Independence, on the
occasion of the demise of the concept of democratic rule in CDDs of The
Villages. Too bad, Tom -- your
ideas don’t float here. The
POA extends a thanks to all the contributors to the POA’s Legal Action Fund.
Our fund raising is over for the time being. We
raised a total of over $8,000. This
was a good showing for us although it was just a little below our initial target
of $10,000. We
plan to provide a complete accounting of the use and application of these funds
in the near future.
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