Wednesday, December 10, 2014

Fiddler's Creek Foundation Seeks to Unmask Certain Anonymous Bloggers

Important Notice:  Fiddler's Creek Foundation Seeks to Unmask Certain Anonymous Bloggers to this Site

I have previously advised you that Fiddler's Creek Foundation served Google with a subpoena requesting the identity of certain anonymous posters to this site.  In its efforts to unmask several of you who have blogged anonymously, the Foundation requested Google to provide,  "Any documents and records that provide any personal identifying information of the "Anonymous" authors or posters of the comments attached hereto as Exhibits "1","2", "3" and "4" that were posted on or submitted to, the Blog Site serviced by or on the dates and times listed, including the following information without limitation, the "Anonymous" authors' or posters' first and last name, address, phone number, and email address, Internet Protocol Address ("IP Address"), and IP logs."

Although I attempted to protect the identity of anonymous bloggers in accordance with First Amendment law, the magistrate considering this issue has ruled that I do not have standing to assert to First Amendment rights on behalf of anonymous bloggers as to the Google subpoena.  In addition, the Foundation is currently seeking to discover the identity of anonymous bloggers from the electronically stored information (ESI) which may be found on the computers and servers I have used to receive your emails over the years. 

Again, if you are interested in taking any legal action to protect your anonymity, you or your counsel should immediately contact attorney Jim Bonaquist at 239-774-2229,  As part of your legal consultation with Mr. Bonaquist, he will be able to share with you the specific articles and comments of which the Foundation is seeking the identity of the anonymous authors. 

Tony Coe


Important info here - extract below

Consitutional Underpinning

It is well-settled that the First Amendment shelters the right to speak anonymously. See Buckley v. Am. Constitutional Law Foundation525 U.S. 182, 200 (1999) (invalidating, on First Amendment grounds, state statute requiring initiative petitioners to wear identification badges); Talley v. California, 362 U.S. 60, 65 (1960) (holding anonymity protected under the First Amendment because forced “identification and fear of reprisal might deter perfectly peaceful discussions of public matters of importance”). These cases celebrate the important role played by anonymous or pseudonymous writings through history, from the literary efforts of Shakespeare and Mark Twain through the explicitly political advocacy of the Federalist Papers.
As the Supreme Court has held, “Anonymity is a shield from the tyranny of the majority,” that “exemplifies the purpose” of the First Amendment: “to protect unpopular individuals from the hand of an intolerant society.” McIntyre v. Ohio Elections Comm’n514 U.S. 334, 357 (1995) (holding that an “author’s decision to remain anonymous, like other decisions concerning omissions or additions to the content of a publication, is an aspect of the freedom of speech protected by the First Amendment”).
Therefore, courts must “be vigilant... [and] guard against undue hindrances to political conversations and the exchange of ideas.” Buckley, 525 U.S. at 192. This vigilant review “must be undertaken and analyzed on a case-by-case basis,” where the court’s “guiding principle is a result based on a meaningful analysis and a proper balancing of the equities and rights at issue.” Dendrite Int’l, Inc. v. Doe No. 3, 775 A.2d 756, 760-761 (N.J. App. Div. 2001). Moreover, that review must take place whether the speech in question takes the form of political pamphlets or Internet postings. Reno v. ACLU521 U.S. 844, 870 (1997) (there is “no basis for qualifying the level of First Amendment protection that should be applied to” the Internet).  READ MORE

light at the main gate?

Is there an update update on the construction of a light at the main gate?

Jim Lierman

Monday, December 08, 2014

REDUCED-Weber Natural Gas Grill For Sale $425

I am selling a like-new Weber Spirit 310 grill. Lightly used for 2 seasons at our Laguna condo. Includes Weber rotisserie. This unit cost about $800; selling for $425 ready to hook up to your natural gas line. Have it fired up for Christmas.

Call Jim at 518-852-2199 or email jpbpe at  I can send photos if desired.

Monday, December 01, 2014

Looking for a rental

I am looking for a rental in Fiddlers (or a nearby community) for family members.
If you know of any units for rent, please contact me as soon as possible.
Vince Serpico
9288 Menaggio Court #102
908 499 5152

V. J. Serpico

908 499 5152

New clubhouse and 2nd golf course

Any word on New Clubhouse and 2nd Golf course? 

Tom Curley

Amador / Chiasso

Does anyone know why our fountain is only partially at night?  It now looks a dim shade of green when lit.  Thanks!

Criss Brient
ALTA IT Services
9210 Corporate Blvd #200
Rockville, MD 20850
O  301-740-2119
C  301-922-5255
F  301-948-4596

Wednesday, November 26, 2014


English: photo image of Dave Koz
English: photo image of Dave Koz (Photo credit: Wikipedia)


8 P.M.;



$85.00 per TICKET
Call Ben @ # (973) 580 - 5790, or EMail: 
Deer Crossing Resident - Fiddler's Creek

Dave Koz & Friends
Christmas Tour 2014

With special guests
Jonathan Butler
Christopher Cross

While jolly ol’ St. Nick is busy making his list and checking it twice, Santa Koz is coming to town. Multi-Grammy nominee and saxophonist extraordinaire Dave Koz has become synonymous with the season, thanks to his high-energy holiday tour, which celebrates its 17th anniversary this year. “Dave Koz = Christmas,” said the El Paso Times and assured readers, “There really is a…Santa Koz,” calling the Dave Koz and Friends Christmas tour “a must see show.”
The 2014 Dave Koz and Friends Christmas tour will feature Koz along with three special guests: Jonathan Butler, who has earned accolades in the R&B, contemporary jazz and gospel fields, plus two artists who are new to the run — Grammy-winning singer-songwriter Christopher Cross, known for such Top 10 hits as Sailing, Ride Like the Wind and Arthur’s Theme (Best That You Can Do), and Soul Train award-winner/Grammy-nominee Maysa, who has released 10 solo albums and collaborated with everyone from Stevie Wonder and Chaka Khan to Incognito and Angela Bofill. The high-energy holiday show will feature the quartet’s fresh takes on holiday classics as well as other selections which beautifully capture the spirit of the season

For sale: Jaguar XK8 1997 & a 2007 Audi A6 Quattro Station Wagon

Perfect mechanical shape with maintenance history and available for inspection. New tires. 95K miles. $7900. Selling because I purchased another Jag convertible call 239-370-2666 

80K Miles used to go back and forth to NJ. Perfect condition, navigation and all extras. One owner. $16000. Call 609-389-8543

More photos available from poster.
Both ads posted by Kate Tipul

Tuesday, November 25, 2014

Looking for a Babysitter

Good Afternoon- 

My name is Kristin McInerney and I will be staying in Laguna in Fiddlers Creek this winter and am looking for a babysitter for my 3.5 year old son and 1 year old daughter on New Year's Eve, Wednesday, December 31.

Please contact me at or 908-244-5654 if you know of anyone who may be interested. 

 I would like to post this on the blog to see if anyone has any recommendations. 

Thank you,
Kristin McInerney

Monday, November 24, 2014

Comcast Cable

We are relatively new owners in Cascada.  I understand we have cable included in our fees, a rather generous Preferred Cable lineup; includes 220+ channels.  

I also understand the cable box included is a Digital box -so doesn't show HD channels, on many of the new TVs.  I guess we have to upgrade, for a fee, to an HD or DVR box to watch the HD channels. 

Does this seem right?  Welcome the group's feedback.

Jeffrey Doyle

Looking to buy a Gheenoe or similar small boat

I am looking to buy a small boat for use in Fiddlers Creek. I prefer a 13 or 15 foot Gheenoe, but will consider others meeting these criteria:

--Must be lightweight for portability, and able to be pushed by a trolling motor
--12 - 16 feet long
--FG or aluminum
--Square transom
--Preferred but not required - floatation, rod holders, storage well(s), bimini top
--I do not want/need a trailer.

Thanks. Please call Jim at 518-852-2199 or email 

Saturday, November 22, 2014

For Sale by Owners - 8422 Bent Creek Way

For Sale by Owners - 8422 Bent Creek Way

3 bedrooms, 2 bathrooms, 2-car attached garage

1860 square feet under air, 2403 total square feet

Numerous Updates

A.  Interior completely Repainted

B.  Bedrooms carpeted then 19" tile throughout
 including lanai

C.  New sliding glass doors off Great Room

D.  Two new screen doors

E.  All appliances recently replace

F.  Granite countertops and tiled back splash in kitchen

G.  New Comfort High Toilets

H.  Remodeled shower in guest bath

I.  Interior air conditioner replaced 5 years ago

J.  Fully furnished, including TV

K.  All New Vertical Blinds

Asking $276,900.00 prior to contracting with realtor.

Please call Owners for an Appointment:

Michael Puskar - 219-775-3682

Modean Puskar - 219-775-1066

Weber Natural Gas Grill For Sale

I am selling a like-new Weber Spirit 310 grill. Lightly used for 2 seasons at our Laguna condo, now surplus at our Runaway Bay home. Includes Weber rotisserie. This unit cost me about $800; selling for $500 ready to hook up to your natural gas line. Have it fired up for Turkey Day.

Call Jim at 518-852-2199 or email jpbpe at I can send photos if desired.

Thursday, November 20, 2014

It is not too late for Thanksgiving at The Rookery!

Please see the attached menu…the “new” Rookery Clubhouse in Fiddler’s Creek is now open to all.  It is a large menu so please feel free to zoom in on your favorites.  Seating at 2pm is open…please join us-reservations required!

If we miss you for Thanksgiving please join us for lunch sometime soon….Happy Days!

Valerie Murphy
     Valerie Murphy
     Director of  Memberships

Marriott’s Members Club at Marco
The Rookery Golf Club ¿ The Marco Island Marriott Beach Resort, Golf Club and Spa ¿ Hammock Bay Golf Club
3433 Club Center Boulevard,  Naples, FL 34114 USA

T:  (239) 642-2635 / [239] 793-2673    E:

Wednesday, November 19, 2014

Fiddler's Creek Foundation Meeting-November 18, 2014

          Elliot Miller, who chairs the Financial Advisory Board, opened the presentation of the 2015 Foundation operating budget.
          Per Mr. Miller, the preparation of the budget is a very sophisticated process and is predicated upon the following assumptions:
          An objective of breakeven budgets for revenue centers, fitness, tennis and food service.
          A 4% increase in salaries.
          A 3.5% increase in cost of goods purchased
          An increase in membership of 125 members. Note: 2015-2062; 2014-1937; 2013-1824
          A total of 102 equivalent full time employees
          Priority tennis members, 92; 2015; 88-2014
          Priority tennis and fitness dues increasing slightly
          Yearly dues will remain at $2820/yr.
          Ron Albeit then took over and presented further details of the budget including how the food service budget is determined evaluating capture ratios based upon the number of members in residence in any given month versus meals served.
          In summary:
          Total revenues are budgeted at, $9,493,143, up $719,633
          Membership and Administration, $5,896,985, up $455,657
          Food and Beverage, $2,289,323, up $179,391
          Fitness, $630,803, up $40,750
          Safety, $558,480, up $83,635
          Rent Income, $157,572, up $0
          Membership and Administration, $5,237,830, up $494,348
          Food and Beverage, $2,476,291, up $38,753
          Fitness, $1,120,971, up $103,975
          Safety, $658,051, up $83,437
          Of Note:
          Payroll has increased by $501,720, which includes $60,000 for increased health care insurance
          Food and Beverage is budgeted to lose $186,968
          Fitness is budgeted to lose $214,436
          Tennis is budgeted to lose $17, 872
          It is difficult to determine if it is a reasonable objective to have revenue centers becoming at a minimum breakeven if not profitable without more detailed cost data. 
          For example, fitness, includes the fitness center (machines), fitness classes, and personal trainer(s). Classes and personal training require additional fees to cover the additional costs of providing those services . Should the cost of providing those amenities be separated out from the cost of fitness center and if enough residents do not avail themselves of the program then should they cease to be offered? Or, should it be accepted that the offerings are an important part of the C&S environment and that they be "subsidized"?
          The same analysis can be made of food service. Providing a "profitable" food service facility in a restricted club environment is extremely difficult. One need only look at the openings and closings of local eateries and even large franchise chains to understand the difficulties faced. Having the convenience of a Club eatery is likely to include long term "subsidizing". What management does to increase the "capture" ratio *(attract more residents) will determine what that "subsidy" will be.
          On to other things.
          Phil Brougham asked what the delinquency rate was on C&S dues. The answer was that the rate is zero. Delinquencies are recovered from the Capital Acquisition Fund deposit. More precisely, I suspect, there are delinquencies, but the recovery rate is 100%.
          The Board ratified an agreement with Iberia Bank extending the loan on the Club and Spa mortgage. Tony DiNardo stated that they expect that loan will be paid off in two years.
          The projected tennis facility is to be built in Oyster Harbor after Taylor Morrison sells 400 homes and $6,000,000 is accumulated in a Capital Acquisition Fund escrow account. If I understood Mr. DiNardo correctly, once the mortgage loan is paid off, contributions to the Capital Acquisition Fund from other than sales in Oyster Harbor might be used to augment the tennis facility escrow account which could result in the tennis center being built before Taylor Morrison reaches 400 home sales.
          Allison Jarosz is now heading the Design Review Committee and a Landscaping Advisory Board has been created to assure that residents adhere to the covenants. This committee meets the first Thursday of each month. Mr. DiNardo indicated that some Village Boards have not been assuring compliance with the rules. The objective is to formalize the process so that proposed changes to landscaping, house colors, etc. are reviewed and properly authorized. Homes facing the Rookery Golf Course must also comply with the agreement the Foundation has with the Marriot/Mass Mutual.

Jim Schutt

Friday, November 14, 2014

Beautiful Christmas video!

Watch this beautiful Christmas ad by a British supermarket chain!  Humanity breaks through the worst conflict at this wonderful time of the year!!

I was so moved by this, I thought it should be shared with our American friends back at Fiddler's!

Tony Coe