Make it a Treat...Not A Trick!

It's that time again...little ghosts and goblins will soon be out trick or treating and to keep them safe you need to know who is living next door. Below is a listing, with photos, of sex offenders within a 5 mile radius of the Shores. This listing and photos are from the St. Johns County Sheriff's Department's website (http://sjso.org/). These addresses are now under a new ordinance where they cannot celebrate holidays with costumes, decorations or handing out treats. If you witness any of these locations or offenders handing out treats, or having their porch light on, contact the St. Johns County Sheriff's Dept. immediately at 904-824-8304.

Be diligent. Be aware. Be safe.

Mr. Smith UPDATE

Posted on the Shores website is the following and the 'closed' portion was circled misleading readers into thinking that ALL CHARGES were dismissed and closed...this is not the case as you will see highlighted in red. Trying to spin this to imply otherwise is a slap in the face to homeowners...we are not as dumb as they think we are!

Name: SMITH III, JOSEPH HENRY Number Class Incident Date Status Disposition Disposition Date Discipline Discipline Date 2009019797 Licensed Activity 04/10/2009 Under Investigation 2009033436 Licensed Activity 05/26/2009 Closed No violation found 06/29/2009

The Good, The Bad, The ‘Bored’ Meeting

Funny thing…5 board members attended the meeting, none under the age of 50, those missing…nope, still over age 50. There isn’t a single person on The Shores Board representing us, the demographic majority (under the age of 62). Not only are we not represented on the Board, to be quite frank, they just want us to put up and shut up but keep on paying. When will you all band together and stop these people from continuing to have their self-serving agendas. A Board that controls a big pile of OUR MONEY!

And, what do they do with that money?

The Good

The woman’s bathhouse at the pool (remember the one we ALL subsidize but cannot use?) Well, the plumbing is now done, and the low bidder will finish up the doors and repair the hole in wall. I’m sure it will look quite lovely, for those of you whom choose to pay ADDITIONAL MONEY to use a pool you already pay for each and every month.

Comment was made by the Board that they would like to have it finished by the July 18^th ‘Open Pool Party’. Yes, let’s spend more money so those running for re-election in May look like they actually care and will have something to show for their ‘efforts’ when campaigning.

The Bad

Back to the big Open Pool Party. Low and behold, our pool was visited by SJC Health Department and it was stated that they received several violations all to be remedied by September 1, 2009. What are they doing to remedy these ‘violations’ before YOUR FAMILY uses the pool? What are the violations? Hmmmm. Good question, I would definitely check with the Health Dept. before letting my children into THAT pool.

The Good

Well, there is NOW another new committee “The Vision Planning” committee, chaired by Nancy Willis. Hey, wait a minute! Isn’t she the Chairperson, Head Honcho of the New Recreation Steering Committee? What happened to that committee, the one Ms. Willis asked me to be a part of? No phone call. No email. Nothing. And now there is a vacancy for that committee as Ms. Willis resigned from it? Left it? Changed her mind? Isn’t in touch with people ‘our age’ (the verbiage she used when she asked me to be a member of the defunct committee). What was her reason? Was it something I said??

The Bad

Steve Raff, Chairperson of the Audit Committee and asked that Jon Grexa and Keith Goldstein be a part of the committee. DENIED. Why? Both gentlemen are quite qualified for the audit committee, yet DENIED. Every other committee had their choices approved. Perhaps you should ask Mr. Zinn why the denial? Steve then resigned as Chairperson, which is a real loss for HOMEOWNERS!

The Other Bad

Those ‘family’ events to be held are being planned by The Board, so when your children are bored and hungry (fey: food will only be served for a one-hour window. Although, Beatrice was so kind to ask me to volunteer to give out hot dogs on July 18^th…I gave her the Jerry ‘Stock Answer’ and said “I would get back to her on that”.) And, you feel as if you wasted your precious time…remember who planned the events. What about additional fundraising to pay for these events? Who’s footing these ‘free’ events…oh yeah, the same people funding the pool you can’t use without paying additional fees…that would be YOU!! As I stated in a recent bog, we could have had an actual fully funded and sponsored event with a little planning and less bullheadedness.

So, on the July 18^th and the August 15^th events…if you don’t hear about them, aren’t aware of them or you feel they were a waste of time…email me at theshoreswatchdog@yahoo.com and I will share your sentiment (anonymously) at the next Board Meeting. And I will be present at the August 15^th event and really would like to talk to as many people within our community to find out what you want, what you need, what needs to be fixed or anything you would like to discuss, I WILL LISTEN.

Bottom Line: We, as homeowners in The Shores need a voice on the Board with OUR interests and OUR community needs to be met…I will indeed be keeping a close eye on this Board until election time in May, and yes, I will be running FOR YOU and YOUR FAMILY and NEIGHBORS.

Shores Homeowner vs. Saint Augustine Shores Service Corp Board

SHORES' HOMEOWNER HAS HIS DAY IN COURT

June 19, 2009

ST. AUGUSTINE, FL - After legal wrangling by the defendant and motions made to either transfer due to subject matter or dismiss in its entirety, a court case was heard earlier today in St. John's County Circuit Court, before the Honorable Patti Christensen, in which Mr. Kevin Dunne (the plaintiff), a homeowner residing in St. Augustine Shores Unit 2, alleges that since the purchase of his home on June 1, 2004, he has been overcharged association fees by the St. Augustine Shores Service Corporation (the defendant).

In the suit (Case# SP09-0423) filed on February 23, 2009 against Joseph H Smith III, Registered Agent, St. Augustine Shores Service Corporation, Mr. Dunne alleges that upon the purchase of his home in 2004, he was presented with a copy of the deed restrictions related to the lot and unit in which he resides, stating that his association fees are not to exceed the doubling of $10.00. (see related deed restrictions, section 11.03) Dunne's argument centers around the fact that he is currently being assessed association fees of $27.50 per month, contradicting the language contained within his deed restrictions and the governing documents received by him at closing and as currently listed on the St. Augustine Shores' Website, under Governing Documents.

In written and verbal arguments presented by the Shores' attorney, Tod B Eikner, the St. Augustine Shores Service Corporation contends that a proper vote was held in 1999 to raise the fee cap to $30.00. At question is whether the 1999 cap vote constitutes an amendment to the deed restrictions regarding an increase in fees or if additional action beyond the 1999 vote would have been required to actually collect that amount. Dunne contends that a vote to amend the deed restrictions is required in order to enforce the $30.00 cap.

Mr. Dunne further claims that language within the Bylaws of the corporation (Article II, Section 2, Paragraph A) is specific with regards to fees being collected pursuant to section 11.03 of his Unit 2 Deed Restrictions and that Shores association fee caps were raised twice prior to the 1999 vote. On both occasions Dunne claims that fee caps were raised as a result of amendments to the deed restrictions.

Judge Patti Christensen has advised both the plaintiff and defendant that she would be rendering a written decision with regards to this case within the next 2 weeks. We will post the decision once it is reached.

WRITTEN BY: KEITH GOLDSTEIN
Contributing Writer

Let's See...let's make ANOTHER committee so as not to infringe on the Recreation Association

After another 'amusing' albeit long Service Corp. meeting last week, I had time to review my videotape of the meeting and really think about just how unclean the majority of the Board Members are and how self-serving and ignorant to the community they continue to be. 

Case in point: So as not to 'infringe' on the current membership of the Shores Recreation Association with the inclusion of young people and families, a committee was appointed to spearhead a "Recreation Committee" charged with handling events and activities for the younger homeowners and families, as admitted by the Rec Assn.'s President Nancy Willis, her association was not structured to handle events for younger persons and she herself doesn't have the opportunity to interact with younger families. Oh yeah, I did forget something...Nancy Willis is the CHAIRPERSON for this new committee. What is wrong with this picture????

I do have to say that after the meeting, Ms. Willis did approach me and asked if I would be on the committee and if I knew of anyone else around 'my age' who would be interested in helping out or serving on the new committee. Now, knowing FULL WELL exactly how Ms. Willis feels about children, I hesitated in my response for a moment. I then cautiously agreed with one thing on my mind...if I don't step up for people and families 'my age' then we will be saddled with a committee of persons from the Rec Assn., led by Ms. Willis, who knows not of whom she will plan activities for. In case you didn't know or forgot, in a past meeting prior to elections, Ms. Willis spoke her disdain  for children aloud. Yes, this is really someone I want planning activities for me and families in our community! I think not.

In case all of you miss it, don't hear, or are not told our ENTIRE COMMUNITY in the Shores will have FREE USE OF THE POOL on July 18th AND a family fun day in August...although I don't know just how 'fun' it will be given the short amount of time there is to raise sponsorship monies or plan...it will be held. AND, so as not to keep you all in the dark YOUR Service Corp. President, Jerry Zinn, has graciously given seed money of $2,000 for the Family Fun Day. Wow. In this economy, coupled with the Shores 'budget shortfalls' (I use the word 'budget' loosely) I for one would have rather had more time to plan the Family Fun Day and get sponsorships...not using a single DIME of YOUR MONEY from the 'budget'.

Well, it is what it is. It is my intention to hit up a few of our Shores' vendors for sponsorship in order to give back to the community...our attorney's, our lawn service company, pest control service...and let's not forget The Current Recreation Association itself and SASCA. I will be sure to hit up everyone I can for sponsorship donations so they all can have the opportunity to "give back to the community they serve."

CALLING ALL PERSONS 'MY AGE' (let's use the demographics of 25-62):

If you would like to be a volunteer, committee member, or anyone with a business of entertainment or planning, please contact me at: theshoreswatchdog@yahoo.com or call 377-6755. 

My thanks in advance for your help.

Regards,

Kristin Thomas

Shores Resident

TRESPASS WARNING AGAINST HOMEOWNER RESULTS IN ACLU-INTERVENTION

WRITTEN BY: CHRISTOPHER MIMS Managing Editor - condocommunicator May 20, 2009 The Shores Communicator has received a copy of a letter that was received by a Shores homeowner, currently under a trespass warning preventing him from access to the Riverview Club facilities. The trespass warning was issued within days of the homeowner uncovering election tampering by the Service Corporation Election Co-Chair as well as a police report filed against the community General Manager by the homeowner's wife. Some of the details contained within the letter have been withheld for legal purposes. American Civil Liberties Union Northeast Florida Regional Office 4830 Atlantic Boulevard Jacksonville, FL 32207 May 8, 2009 Dear Mr. XXXX This office has been forwarded your complaint regarding a Civil Rights violation. After reviewing your complaint, dated April 27, 2009, it is our initial opinion that the trespass injunction that you have received is unlawful under both the Florida State and United States Constitutions as well as Florida State law. It appears that your rights under the United States Constitution, specifically, the First Amendment, Right to Peaceably Assemble and the Fourteenth Amendment, No state shall deprive any person of life, liberty, or property, without due process of law, have been violated. Although it is not the position of the ACLU to involve itself in localized community disputes, it is the involvement of the St. John's County Sheriff's Department in this localized community dispute that is our concern. The community association's involvement in this case will be reviewed only to the extent of determining if collusion, factual misrepresentations or malicious prosecution claims were met in determining the actions of the St. John's County Sheriff's Department. Furthermore, an arrest under the trespass injunction would constitute an unlawful restraint as well as wrongful imprisonment under the guidance of both State and Federal law. Any further impedance on your Constitutional rights should be forwarded to this office immediately. Your case number is XXX-X-XXXXX-XX. Please provide our office with the following information and a list of all parties a subject thereto. Additionally, please reference your case number with all future correspondences. Sincerely, Name and requested information has been withheld.

Right In Our Own Neighborhood

Imagine if you will, that you are the victim of harassment. Now imagine that the very person harassing you causes your job relocation, in an attempt to “avoid” the harassment from continuing. Imagine again that this person follows you to the new location and offers a repeat performance. What would you do?

Everyone hopes this never happens to him or her or to anyone that they know. How would you feel about contributing to the harasser’s legal fees along with each and every other person in your community? Would you pay for an attorney to defend the very person harassing you!

 This very situation is real and the harassment is happening to a homeowner in the Shores by the very person charged with managing our community. Not only has our community manager, Joseph H Smith, III caused this quiet, friendly woman and her family emotional distress, and financial burden, but he has also caused a myriad of additional problems. This is all possible because this individual believes in fear and intimidation to get everything that he wants, and is supported, with the help, of our very own board of directors!

 Mr. Smith is also ‘under investigation’ for additional violations, discrepancies and other acts, while employed as the general manager of our quiet community. The Florida Department of Business and Professional Regulations (DBPR) will determine the innocence or guilt of this person. If we can’t trust Mr. Smith with our community’s management, do you want him affecting your own personal health and safety?

(View the status of Mr. Smith’s License at https://www.myfloridalicense.com/viewcomplaint.asp?SID=&licid=1376615)

Aside from the DBPR investigation, Mr. Smith has recently received documentation from a major grocery chain’s Legal Team, the business in which the stated victim works, demanding that both he and his wife refrain from shopping at the victim's work location, in addition to other demands. Documentation was also sent to the Shores’ attorney, Mr. Russ Klemm, the attorney whom attended the Annual Meeting. This attorney’s hourly rate, as stated by him at the meeting, is $225.00 per hour. 

Why does this matter to you? Guess who is paying this legal bill, and others pending, which could very well add up to Special Assessments OVER $3,000.00 PER HOMEOWNER!

ALL OF US

I don’t know about all of you, but I cannot afford this additional personal expense!!

Why is the Shores Service Corporation allowing an employee use of the corporate attorney on OUR DOLLARS?

This employee, Mr. Smith, perpetrated these actions against the victim on his OWN time, not on company time, and was allegedly, according to the store attorney (along with videotape surveillance, victim’s statement, numerous employees and store management) with his wife at the time of the crimes. Would you expect YOUR boss to ante up lawyer fees to defend you for a crime committed outside of your scope of business and after work hours? I wouldn’t think so. So why are WE paying for Mr. Smith’s legal bills and bad behavior?

Why am I writing this? Because I made you all a promise, while campaigning for a seat on the Service Corporation Board of Directors, that I would watch out for our community and the people who live within it. This unilateral decision by our Service Corporation President, Mr. Jerry Zinn, to provide what is essentially FREE legal counsel to Mr. Smith, is not only egregious, but also despicable and irresponsible.

I urge you all to contact Mr. Zinn and let him know that YOU WILL NOT PAY for this!

I would also urge you to make the time to attend the next Service Corp Board of Director’s Meeting, The date is Thursday, June 11, 2009, 7:00pm at the Riverview Club,

WE CAN RIGHT THIS WRONG IF WE ALL GET INVOLVED!!

Please don’t allow this to become an added burden to our tight operating budget. 

This and other decisions that are being made WILL COST US ALL MORE MONEY unless we speak up…it’s a reality and it’s inevitable. I cannot afford it…can you?

email: theshoreswatchdog@yahoo.com.