Chairman Lanpher called the meeting to order at 8:45 a.m.; Chaplain Gerry Palmquist offered the opening prayer

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The Chair announced that for those Court Representatives having email access, the Marketing Office will be sending information, including move-ins and move-outs, and relocations on campus to Court Representatives by this method. Those Court Representatives who do not have access to email will receive this information by internal mail delivery.

The Chair further announced that several Shell Point residents, including Jean Field, representing King’s Crown, and Bill Lanpher, as Council Representative, are looking forward to appearing in Miami next week before the Governor’s Assisted Living Work Group. They will be able to express their feelings and concerns regarding assisted living.

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The roll was called by Russel Peters, Corresponding Secretary, with those present listed above.

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On motion duly made, seconded, and unanimously passed, the Minutes of the Regular Meeting of Shell Point Residents’ Council of October 5, 2011, were approved as submitted.

The Proposed Agenda for the Residents’ Council Meeting for November 2, 2011, was distributed to each Court Representative, and was adopted on motion duly made, seconded, and unanimously passed.

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Mr. Dys stated that he has asked Scott Moore to attend all future Residents Council Meetings in order to provide answers to questions that come up from Court Representatives and to deal with issues during the meeting.

Shell Point continues to experience good occupancy. As of the beginning of this week occupancy was 95.4%. Units that are occupied and drawing fees represent 98 % of all units sold. There are 20 units presently in the marketplace and hopefully these units can be sold as quickly as possible and inventory reduced. Shell Point is in a very good position with scheduled closings within the next 60-90 days.

Guest House: The Guest House is undergoing a modernization program and most of the structural work will be completed by the end of this month. New carpeting will be installed beginning the first week of December and it is anticipated that it will be completed before Christmas. The Guest House is open during renovations. Much of the inventory from the Country Inn and Suites has been transferred to the Guest House. Each room now has two queen-sized beds or one king and a hide-a-bed, plus other modernization that has been done throughout the rooms.

The Salon Renovations have been moving along quickly and will be completed by the end of November. More information will be forthcoming in the Shell Point Life.

The Sales Office: Renovations to the Sales Office is also in progress and new carpet is on order. The building will be used during the renovations and there has been and will continue to be some disruption. This project should be completed by the first of 2012.

The Springs: The construction time line is on target, both by price as well as by function. It is anticipated that it will be ready for Shell Point staff to occupy the facility by the first of the year, and will then be waiting for the Agency on Health Care Administration (AHCA) to come in and give us the go-ahead.

Legislative Hearing: A Legislative Hearing will be held on the East coast of Florida regarding a potential regulatory impact on our assisted living facilities. With the former Country Inn and Suites being converted to an Assisted Living unit, Shell Point will have nearly 360 Assisted Living units—more than any other campus of a retirement community. Shell Point’s Assisted Living Facilities are very popular because of the very social model – not institutional looking; making them look very nice and very attractive. Throughout Florida, there have been a number of Assisted Living Facilities which are not operating by the rules/guidelines. That mud splatters far and wide! This situation has come to the attention of Florida’s Governor and the Governor has appointed a special committee that is now working in a review process on Assisted Living regulations and guidelines. There is also another committee that has been appointed by the State Health Regulation Committee – all of which are gathering information. There is a 50% chance of proposed legislation that will go through this year. Some of the existing problems are that they are serving mental health clients and there is very little supervision. Regrettably, there is some autocratic activity occurring with residents that clearly the law does not allow.

All of this has gotten the attention of a number of interest groups and that is why these committees are working in anticipation of legislation being submitted the first of the year during the next legislation session which could have an effect on all of us. The Governor’s Council has taken a stand on the issue and we are working hard to monitor this potential legislation. Mr. Dys will be meeting with several legislators next week to explain to them what the proposed conditions could or would do to us. They tend to look at Assisted Living as a free-standing facility. When they start making regulations based on just a free-standing facility, it has a tremendous impact on the Continuing Care Community because Shell Point’s operations depend on a lot of support from other departments.

Shell Point is trying to make sure the legislature understands that most of the regulations are perfectly fine as they stand; it is a matter of enforcement of those regulations – doing audits in the facilities where they are having trouble; enforcing the regulations to the point where the problems that existed are eradicated rather than putting out a new set of regulations. There is also a push by some to make these facilities closer to a “bootleg nursing home”. That always is a dangerous issue when you tip over into the nursing side, or you don’t have good criteria to say that person has to be moved from Assisted Living to Skilled Nursing.

Shell Point is privileged to have expertise in leadership in Rita Southern who is really on top of these laws and will be accompanying the group of residents who will be meeting in Miami. There has been no legislation yet, but we should be looking out for this. Mr. Dys will keep Shell Point residents advised as to what is occurring.

The Chair announced that he read the three articles in the Miami Herald and there are approximately 2900 assisted living facilities in Florida. Many of those are “Mom and Pop” operations from private homes with extra space. Only a high school degree is required to manage a Mom and Pop facility. One can see the difference between such a facility on a local street somewhere and King’s Crown or the Arbor and The Springs here at Shell Point. With these smaller operations, some case managers lack training and/or the necessary background to operate such a facility. When legislation starts to impose training and/or regulations, great care must be given to the affects thereof. An example is: For each facility a person is needed with this background and this training. In Shell Point’s case we have one person dedicated to three facilities monitored with staff that is already there. That would require extra staffing. The Governor’s Council has taken the position that whatever regulations do get imposed on us that they not be overriding regulations to what is already being done.

Mr. Lochridge gave formal notice of Shell Point’s 2011 Bond Issue with the pre-sale period between now and the end of November. The primary purpose of this Bond Issue is to re-finance Shell Point’s 1999B and 2002 variable rate bonds backed by bank Letters of Credit set to terminate next year. In total, this will be a $47,000,000 re-funding Bond Issue financed through two Series. Series A is one Bond of $35,000,000 which will be a direct placement purchased by Bank of America. This will replace Bank of America’s prior Letter of Credit, issued at a variable rate. The second, or Series B, is approximately $12,000,000 issued at a fixed rate and will be sold to the public – primarily institutions, but also to individuals who want to buy Series B. This offering will be put out by Shell Point’s underwriter, Ziegler Wealth Management. If anyone has a desire to purchase Series B Bonds, please contact Ziegler at 800-338-5851. Mr. Lochridge distributed a flyer from Ziegler Wealth Management to all Court Representatives and indicated that Shell Point residents may pick up a copy of the flyer at either Service Desk on the Island or at the Woodlands. There is a minimum denomination of $5,000 each. It is a tax-free municipal bond issue so there will be no tax due on any interest earned on this issue. It is issued through the Lee County Industrial Development Authority. Shell Point is not allowed to issue bonds directly and must go through a governmental entity. We have obtained all necessary approval from Lee County Industrial Development Authority to go forward and issue the bonds which will be the end of November.

Please contact Ziegler Wealth Management directly. The Shell Point/ Alliance Obligated Group includes the Alliance Community in Deland. None of this money will be used in Deland. This is a notice only: neither encouraging nor discouraging residents from buying these Bonds. There will be plenty of institutional investors that will gobble up these Bonds. This is a financial opportunity that you should discuss with your financial adviser. If these Bonds were sold today, the rate would be approximately 7% tax free.

Suzy Q Mr. Moore reported that there have been some problems in returning the Suzy Q back into operation. During the period of 2003-2004, the US Coast Guard determined that the Suzy Q at that time was a “vessel for hire”, and as a “vessel for hire” had to meet a certain set of regulations. At that time Shell Point requested the USCG to reconsider as Shell Point does not charge for folks to ride the Suzy Q. At that time, the USCG did reconsider and decided that the Suzy Q was not a vessel for hire and Shell Point was allowed to resume the operation.

This year, due to some incidents that occurred around multiple passenger vessels, the USCG has imposed more stringent rules and once again defined the Suzy Q as a “vessel for hire”. Under the “vessel for hire” regulations, Shell Point would have to do enough things to the Suzy Q boat itself that it would actually be more practical to scrap it and purchase a new boat. The other and more significant implications are that we would have to have a licensed Captain on the boat at all times, along with at least one paid First Mate. Shell Point once again asked the USGC to reconsider as the boat itself is donated.

The issue then was that the maintenance and operation was paid for by Shell Point. Shell Point actually did a Board Resolution that Shell Point would shift Unrestricted Funding to support the maintenance and operation of the Suzy Q. Now we have a donated vessel that not only is Shell Point not charging folks to ride aboard, but also Shell Point Operations is not paying for the maintenance of the vessel. After waiting a month, the USCG got back to Shell Point stating that there is a benefit at Shell Point from having the Suzy Q. In this case, it will be called a “social benefit” and the USCG does not really care who pays for what, how it is paid for, whether it’s donated or not. It is still considered “a vessel for hire” and the USCG will hold Shell Point to those guidelines. The Suzy Q can be operated tomorrow as long as there are six or less passengers on the boat. The Suzy Q is rated for 19 passengers.

Currently, Shell Point is looking at a less stringent licensure process that may or may not require certain regulations to do with staffing. Staffing the vessel is certainly the more difficult part. There is also another idea which is in the genesis stage and there is a meeting with a consultant this week to discuss the plan. Depending on what the consultant says, the plan must be submitted for a legal review. Shell Point must absolutely be doing the right thing at all times.

Shell Point is moving as quickly as it can and the residents should understand that in defense of the USCG, it is a great social value to Shell Point and as one of its pride and joys as an amenity. It is really an amenity provided by the residents of Shell Point with an all-volunteer staff. Shell Point will get the word out once more information is available.

Fence at Golf Facility Mr. Moore stated that within the next month, Shell Point will be starting to put up a 6’ high vinyl coated chain link fence along the golf property at Davis Road and along the fairway going into the creeks which will be woven into the landscaping. It will stop short of the entrance which is under video surveillance and will start again at the corner and will go to St. Charles Harbor. There have been no incidents for quite a while with some of the juveniles who live in that area, but we don’t want that to start up again.

Mr. Minniear distributed copies of the Morning Assurance Reports.

Census Report: Pavilion – 180 residents (41 of whom are Medicare patients); Arbor – 129 of 130 units occupied; King’s Crown is full with no openings at this time.

Advantage Plans and Insurance: Medicare enrollment or re-enrollment period started October 15, 2011 and goes through December 7, 2011. Please note that those are different dates than past years. Please do your due diligence regarding whatever plan you are considering.

Residents should have received the Medicare Booklet for 2012. If you do not have this booklet, go online to www.medicare.gov and you can find it there in a downloadable format or residents may call Medicare at 1-800 MEDICARE (1-800-633-4227) and have a booklet sent to them. It is important to review what you have each year and make sure that you are satisfied with the plan. If you want some assistance, please talk to Joy Darnell in the Shell Point Pharmacy related to Medicare D or you may call the Legacy Foundation at 466-8484 to set up an appointment. That service with the Legacy Foundation is free if you are enrolled in their Daily Money Manager Plan. If not, then there is a small fee for the service.

Adult Day Care Center: During a meeting with Hope Hospice last week, Shell Point was told that Hope Hospice’s Adult Day Care application is in AHCA’s hands for review. If you have been over to the Pavilion on the Annex side you will see a new floor have been installed in the future Adult Day Care space and it has been nicely painted. Hope Hospice is just waiting to hear from AHCA as to the timing of the license. Once the license is received, more information will be forthcoming, including rates, hours of operation. Hope Hospice is aware that Shell Point residents are excited about the upcoming service.

The Springs: Shell Point has received substantial interest in The Springs without heavy advertising. Shell Point is very excited about this opportunity and is working on various marketing plans. McKenzie Millis is working very hard on this and she has been out talking to a number of people. There is a high interest in The Springs and it is very interesting how much has gotten out by word-of-mouth. Contacts have been made with doctors’ offices and they are aware of it. The word is spreading and this is a great opportunity for us. In another 2-3 weeks, Shell Point will be able to sit down and talk about pricing specifically, but it will be in the $3,000 per month range.

Shredding documents: FineMark Bank has arranged for a company who does shredding of documents to come on-site for Shell Point residents. Wednesday, November 30, 2011, the truck will be on the Island at the Village Church from 10 – 11:30 a.m. and at the Woodlands tennis court parking lot from 12 – 1:00 p.m. This is a great opportunity to have your confidential statements, reports, etc. shredded. Residents are asked to drop off their boxed or bagged papers at one of the above locations and they will be shredded.

Flu Inoculations: The Medical Center conducted two flu clinics and a total of 595 flu inoculations were given. There is still some vaccine available at the Medical Center. If you want a flu inoculation, please call the Medical Center and arrange an appointment for your inoculation.

Mary Fountain submitted a copy of the Larsen Pavilion Resident Council Meeting, Notes from October 7, 2011, a copy of which is attached to these Minutes.

Ted Rodgers, Court Representative for Palm Acres stated that residents of Palm Acres are not receiving all the communications that are available to residents living on the Island, in The Woodlands, and at Eagles Preserve. Palm Acres residents have heard of some happenings only by chance. Although some activities and some events occur on the spur of the moment, it is unfair to the Palm Acre residents to be denied knowledge of these activities. Many times special and/or urgent announcements/messages are given to residents on Channel 11 of SPTV; however, this last-minute information is not available to Palm Acre residents.

Every effort will be made to keep the residents of Palm Acres current with all happenings at Shell Point. As a reminder to those committee and others who generate notices of activities, please be sure to include Palm Acres residents in your distributions. Also, please keep in mind that when making copies for distribution; please make sure 20 copies are delivered to the appropriate Palm Acres representative(s).

Carol Ann Ormes, Court Representative for Parkwood reminded all those making distributions that both Parkwood and Lakewood have two lobbies so that any notices to be posted should be in sets of two copies.

Mary Fountain, Pavilion, announced that the Bakeless Bake Sale generated a total of $30,173 as of this date. Contributions continue to be accepted for this worthwhile project all year long.

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The Chair announced that Court Elections for Court Representatives and Alternates are designated to be held November 9th. There is only one Court, Parkwood, which is actually holding an election.

The chair also advised that the Orientation Meeting for new Court Representatives is scheduled for Wednesday, November 16, 2011 in the Island Social Center at 8:45 a.m. and will last approximately 2 hours. New Court Representatives will receive Notice thereof. Alternate Court Representations should also attend this meeting.

Employees Christmas Gift Committee: Chairman Richard Rockstroh announced that as of October 2011 the amount of gifts received is slightly above the total received last year as of the same date. The majority of gifts come in during November. The last date for contributing to the Employees Christmas Gift is December 2, 2011 to be included in this year’s contributions. Last year each full time employee received $500 and the Committee is hopeful that we can distribute an amount no less than $500 this year.

Mr. Rockstroh encouraged all Court Representatives to provide information to each resident (especially the new residents) as follows:

--Provide understanding of the Employees Christmas Gift program;
--Contact neighbors who have been away
--Contact residents who do not customarily watch Shell Point TV

During your Court chat, please be sure to comment on this very worthwhile project. Contributions to this project are very confidential. If any resident has a question or comment, please feel free to call Dick Rockstroh, Nita DeWeese, Jean Webber, or Joan Perry.

Joan Perry will be sending a notice to each Court Representative regarding the need for two representatives from each Court to help hand out the gifts on December 9th. The distributions will be at three locations: Island Resident Activity Center, Woodlands Commons, and Pavilion Medical Center Lobby. Quite a few residents will be required for this distribution.

It is a most gratifying time for those distributing these gifts to the employees of Shell Point who work so hard for us.

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There was no new business to come before the Council.

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Lowell Schulz, Court Representative for Sundial, inquired about a DVD Photo Album of Shell Point residents and whether or not photo brochures can be made for each individual Court. Mr. Dys stated there are issues which must be considered, including confidentiality of residents. Mr. Dys will check with the Public Relations Department and Resident Life Department. Shell Point must make sure that it is not a participant in disseminating any information regarding its residents to outside concerns.

There was also inquiry from Carol Ann Ormes regarding updating photos of residents.

John Gill, Court Representative of Junonia, commented on the attachment to the Minutes of October 5, 2011, relative to the renovation/refurbishment of residents’ units after they occupied an apartment continuously for 10-12 years. There is now a charge to stay at the Guest House during such renovation/refurbishment. It seems every year there is a charge for new items: There was no charge for shows, now there is a charge. Shell Point is now charging for food at Shell Point events; charging residents $6 for the Art Fest 2011 T-shirt. Some residents expressed their view that Shell Point is taking opportunities to charge residents wherever they can.

Scott Moore responded to the refurbishment matter:

The refurbishment program was created in 1988. The idea was that there were certain residents who did not have the means, after a given period of time, to repair or replace their flooring/carpet, draperies, paint, etc. that was looking worn. Shell Point then instituted a program to help those residents. The residents had to move elsewhere during the renovation so a place was provided for them. Some of the residents were too frail to pack and unpack so all that was included at a cost to Shell Point of approximately $12,000 - $20,000 per unit. At that time 20 units were done in a year. Shell Point then decided that it could not do for one what it would not do for everyone so whether a resident can afford it or not, Shell Point does this renovation for every resident without charge. A time of 10 years was decided upon to begin the review process. In some cases, a short time after such renovations were completed, the resident needed to move into Assisted Living. More renovations were needed for the new resident that would occupy the apartment that was just vacated and this money was lost.

About 18 months ago, Shell Point started to realize that the now hundreds of thousands of dollars needed to fund this program was becoming a real strain. From the very beginning it was clear and part of the policy that the controlling factor was “as the budgets allow”. Shell Point then started to review the ability to continue the program.

Shell Point does not want to take away the original scope of the program which is to make sure that the standard of living at Shell Point is such that we can all be proud of when people come to our homes. Shell Point decided to continue the scope and the intent of the project which is to review the carpet, the window treatments, and the paint and to fix those things that need to be done.

If a resident chooses to stay in the Guest House during refurbishment, they will receive a 35% discount. Also, if the residents do their own packing, there is no charge. If Shell Point has to pack, it has to charge according to content, not size of unit. The more items that need to be packed, the greater the fee.

Shell Point is also monitoring the delay between the time residents request the refurbishment and the time they receive it, and if it looks like it will be stretched out too much, Shell Point will go ahead and adjust the resources accordingly as budgets allow.

Megs Singer, Court Representative of Tellidora, stated that she has heard residents say that if everyone would get the information at one time as Mr. Moore just explained, it would go a long way to improve residents’ feelings about the situation.

In most cases when the work has been completed, everyone seems to be happy and excited about it. There may be a case where we might have to go back and follow up.

Mr. Dys pointed out that Shell Point is still doing those renovations without cost to the residents. Some apartments are laden with very beautiful china and all sorts of things. Shell Point gets criticized for how things are packed and things may be misplaced or broken even though Shell Point was trying to do a good deed. You walk into an apartment and the standards are vastly different. Mr. Dys did reiterate that Shell Point will continue this program and has no plans to change the essential renovation of any apartment.

Regarding encroachment of expenses for various matters, Mr. Dys stated that Shell Point has tried to provide more and more kinds of activities around the community. Looking back over the past 4-5 years, you will see that at the residents’ urging, Shell Point has offered concerts and activities and one of the things we have tried to do in this and other things is to hold the monthly maintenance fee to a reasonable fee. Shell Point can offer a lot of activities, but there has to be a reasonable cost and that reasonable cost is for the party using it. If there is to be a bus trip that cost has to be borne in addition to what we normally provide you, and in addition to the free service we provide residents. Yes, there are those additional costs, but Shell Point is trying to hold the monthly maintenance fee as reasonable as possible.

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The Orientation Meeting for new Court Representatives and Alternate Court Representatives will be held Wednesday, November 16, 2011, at 8:45 a.m. in the Island Social Center.

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The Closing prayer was given by Chaplain Gerry Palmquist.

The meeting was adjourned at 10:00 a.m.

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