Grapevine Archive

April 2008

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4/30/2008

I've been thinking about yesterday's contribution suggesting that the LFPOA Board of Directors plans to modify the by-laws without member approval.  I find the whole idea a little hard to believe, so I'm still waiting for a second confirmation or denial by a director.  I was about to write a scathing piece on the subject, when an old memory began to claw its way from the back of my mind.  I'm almost afraid to write it because the memory is so dim.  I recall as part of an action at that time, a proposal was made to allow the board some unusual authority like that.  I wish I could recall exactly what it was about, but I'm sorry, I just cannot.  I do recall that during the discussion of the proposal, I made the promise on behalf of the board, that if the members would approved the motion, the board would promise to remove that unusual authority at their first organizational meeting.  The membership agreed to the idea and the board was able to accomplish the task at hand.  I also remember that the board made it a point at the very first opportunity, and as the very first order of business, to honor our promise to the membership and remove that unusual authority.  In spite of your writer's faulty memory, all of this should be documented in the minutes of that meeting, including the promise of the board to remove the authority later.  Now, it would seem that the current board thinks that it can renege on a promise made to the membership by the previous board.  Why do I not find that surprising?  In any case, the point is this.  If I am correct, the previous board honored its promise to remove their authority.  Once that authority was removed and the by-laws were changed accordingly, no one, not even that previous board, could change them back without membership approval.  Obviously, that was at a time when the LFPOA Board of Directors had proven to the membership that it could be trusted.  This is the second time that a board over the last couple of years has presumed to try and rescind an action of a previous board.  Such an idea is ludicrous.  The issue the first time was not all that important, but this one is a different story.  If the report of the action the other night is true, then we are talking about an illegal action on the part of the LFPOA Board of Directors. It cannot be allowed to happen.  If the LFPOA Board of Directors takes any action resulting from that motion the other night, that violates any of the stipulations of the by-laws as they were written at the time of that motion, then such an action will have been illegal and, as such, will have the affect of suspending the directors' protection from lawsuit.  The directors might want to look at Section 6.1. Indemnification of Officers, Directors, Employees and Agents. Note the following line: "except that no indemnification shall be made in respect to any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the Corporation"  Your writer believes that it would be a stretch of the imagination to think that the directors would not have some doubts as to their authority to take such an action in view of all the information available.


4/29/2008

Mitch do you remember the November 2003 annual meeting where the membership (with Purcell's support) voted to give the board of director's the authority to change the by laws with membership approval?  But at the organizational meeting that board voted not to change the by laws.  Now this board has voted to accept that authority and according to the vote tonight they have the power to change any by law they want? 

To my knowledge in the years that I served on the Board of Directors and afterward there has never been a vote to allow the board to change the by-laws.  The developer did agree to support the Board of Directors on a vote to increase the dues a few years back.  That was only because the developer at that time had an opportunity to sell its interests in Lake Forest to Friday Construction and they wanted the board's agreement to some provisions that would aid that sale. The Board of Directors does not have the authority to change the by-laws without a vote of the membership.  Furthermore, a developer would be crazy to let such a thing happen, because that authority to vote on by-laws is its only means of protecting its investment in the subdivision.  If any board were to try to take such authority, I am sure the developer would step in and call for a special meeting of the membership to vote it down.  With it's 1300+ votes, the developer has the ability to call for that vote without anyone else's help.  They would also certainly win any vote that made at such a meeting.  I am sure that if an idea like that were discussed at the meeting tonight, that Mr. Commisky of Friday Construction would appreciate a call.  What else happened at tonight's stated meeting?


This additional message came in later:

Under new business- 2008 Lake Forest Capital Investment Plan- To borrow $1.8 million.

Contingency fund- no further funding to be done

Lake- more meetings, very serious erosion just up stream

Motion by the Executive Board- this is the item that was presented as a motion saying in October of 2003 the membership gave that board the authority to change any by-law it wanted, but that board subsequently in it's organizational meeting declined to change the by-law giving them that authority.  The motion was made and passed last night to rescind that previous board's action and they now believe they have the authority to change any by-law they wish to change "so they can start getting things done around here".  From the reaction of the rest the board except President & VP no one else seemed to know about this?

May stated meeting-5-22-08 6PM  Working meeting 5-15-08-6PM

Someone will have to show me some documentation of any such action by the membership.  I have never heard of it.  I cannot imagine the membership doing that.  And, I cannot imagine either the old developer, Purcell Corp., or the new one, Friday Construction, agreeing to any such thing.


4/26/2008

As Recreation Chair, I take full responsibility for the decision to close the S&R pool outside of swim team practice and meets, although ultimately it was a Board decision that was voted on. If anyone has a problem with that decision or wants to learn more about future plans to improve the image of Lake Forest, I suggest they call me to find out first hand why the decision was made. Clint Martin, 458-8999.

This comes as no surprise.  Of all the directors, Clint is the one that is determined to build a single facility at the Country Club and close the other pools.  Survey or no survey, he knows what the members really want and the representative who reported on the survey and all of the other people who think they understand what it said are dead wrong as for as Clint is concerned.  I bet the rest of the board are thrilled that he is inviting members to call him and "learn more about future plans".


4/25/2008

I am furious!  I just heard about our main and by far best pool being closed to the members and people who live close to it and opened to the swim team of whom the majority do not even live in Lake Forest! HOW ELITIST!!! Many of these people have moved out of Lake Forest to save money and snubbed their noses at us for staying here. I can recount a personal example of two families that told me that in so many words. They said they would just pay the fee for their children to stay on the swim team but they did not want to live in this community. The fees were too high and there were to many problems. In retrospect they were exactly correct about the too may problems. The unfair corrupt favoritism of some members of the board. I said "No, my kids enjoy walking to the pool while I am at work, we love it here." Now my family, who owns a house and lot near the main and best pool for us, are being kicked out of our own facility!!!!!!!!! This is CRAZY!!! I said in the $20,000 survey, I didn't want ANY pools changed.  Can you read the English language or do you just like to bend it your way? Why is the swim team demanding that Lake Forest children and families not swim with them. Who are they to demand it? Or it is just underhanded payback for someone suggesting a few people run for the board? I have been at the pool when some of the swim team members pitched fits, and broke the rules. They crowded out the neighborhood children. The neighborhood children don't cause the problems, everyone knows it's the competitive primadonnas. Not everyone wants to be on a competitive team. Many just want to relax enjoy their summer.  Many parents have to work full time and are not able to have their kids on teams. Anyone who wants to exclude our children from swimming in our pool is being a jerk. How could anyone ever justify that decision of barring our children from swimming, to say keep out, we don't want you in the pool with us, you might take up a little space, your not in "the club". The only conclusion is, they are truly snobs and just want the pool all for themselves. How incredibility selfish. If this keeps just one child from enjoying the summer, it is not worth it. Many of the neighborhood kids walk to the pool because they don't have anyone to drive them. The outlying pools are too far for the kids in the center of the community to walk to. The elitist swim team members are driving from outside of our community anyway. They could drive to any pool, let them rotate or go to Timbercreek. This is the most obnoxious decision ever made in Lake Forest. That nonsense about the most underused doesn't hold water. Often the lifeguards do not do counts. They just wave people in when they know they are members. Even if there was only one, five or ten children who used that pool along with the demanding team, they have rights and privileges as members and should NOT be denied. The word has not gotten out yet. Tell your neighbors and see how they feel about this. Maybe someone can file suit, so we can use our own pool instead of just letting the people outside of Lake Forest use it!!!!


4/24/2008

To learn more about the upcoming Pay As You Go Road Plan go to http://www.betterbaldwin.com Be informed about this plan.

It would be interesting to know exactly who is running this PAC.  Who is involved? They are advocating a vote to add a four-mil ad valorem tax to fund a "Pay As You Go" road program.    This is in a county that votes down every attempt to add tax for education.  Well, one doesn't have to be all that intelligent to drive, does one?  Anyone who has been to a gas pump recently should know that we are paying a bundle in taxes on gasoline.  That money is supposed to be used for roads.  Perhaps you will recall a big gas tax increase just a few years ago that was dedicated to road construction.  Sloganeering, if there is such a word, is a common way to gain votes from people who don't want to work all that hard to learn the facts about a topic.  And, "Pay As You Go" is one of those phrases that is often used by those who are promoting an idea that otherwise would not stand a chance of success.  It sounds good at first, then you start thinking about what it means.  A new surface on a road should last at least ten or fifteen years.  Why is it necessary to pay it all up front?  In fact, a brief scan of their website reveals nowhere that the concept of "paying as you go" is even being suggested.  Why is "Pay As You Go" even being used in the name?  Well, they do list a pretty good number of projects that they want to tackle during the four years this tax would be in force.  Whether this represents enough money to pay for all those "as we go" is certainly beyond this writer.  It really appears to simply be a measure to increase taxes for road repair.  You do know that Mobile and Baldwin Counties are cutting out hundreds of people in their school systems next year because they are broke.  How about another four-mils for schools?  Will you vote for that?  How about if we call it the "Pass The Test And We'll Pay the Bill" education program?  Would you vote for that? This is just food for thought.  Let's not automatically jump on board an idea because certain terms are used that make us feel good.  Their website suggests that the Baldwin County Commission is promoting this along with every other governmental body in the county.  In fact, there is a link to it from the Baldwin County website.  Of course, the Baldwin County Commission could implement a "Pay As You Go" program anytime they want.  So, why are they promoting this?  Oh yes, that's right.  They want us to volunteer our own tax increase.  Maybe if we were better educated, we would have caught on to that sooner.  ;)


4/23/2008

The city had sent a letter to Lake Forest indicating that tree removal on golf course property did not fall under the tree ordinance. The trees that are being removed provided excessive shade on our greens or tees. To insure quality tees and greens for the golf course, particularly considering the greens redo, trees are being selectively cut to provide adequate sunlight for our new grass. The trees will only be on Lake Forest property.


4/23/2008

Stop them sounds mighty nice compared to what happened.  The homeowner was so irate and belligerent that the police had to be called.

I'm assuming that this one has to do with the tree cutting.


4/22/2008

Following up on the 4/16 contribution here: I wasn't going to say anything at first, because I don't have concrete data to back it up, buy my gut feel has always been that LF gets treated like a stepchild by the city.  This is just a result of my casual observations in my 9 years here.  In reality, there could be other sources of money that explain the attention other areas seem to get (i.e. developers funding their new subdivisions, etc), who knows?  And I agree with the Web Governor, I believe that the Bass Pro Shops development belongs to Spanish Fort.

Five of Daphne's seven districts include part of Lake Forest.  However, Lake Forest residents have only elected one of their own to any of those seats, although recently a Lake Forest resident was appointed to fill a vacant seat.  Until the people who live here started putting their political support behind candidates who will represent their own subdivision, we will probably get the same attention as always.  That's just a personal opinion.


4/22/2008

Somebody tell us, do we get taxes from Timbercreek? I'm not sure, but I thought the Bass Pro Shop sales taxes would be going to Daphne when they take off! This should be public information. Who knows, let us know!

I have a neighbor that recd at least 3 letters from Architecture regarding pets, not cleaning up after them etc. The letter they rec'd promising a fine must have hit them! Rakes appeared, trash was picked up, it's kept cleaner than ever before. Trees were trimmed up and you do not see the dogs out of the house as much as before. They have 6 dogs and 4 cats. It's a problem that neither Daphne or Lake Forest has never set a limit on the number of pets a private resident can own! What a big mistake that was!  You better believe it was awful because they do not pooper scoop! Paying a fine always gets people attention. Do other agree?

TimberCreek is in the City of Daphne and, therefore, the city does receive a portion of the property taxes for that area.  The Eastern Shore Centre, across the street from TimberCreek, is in Spanish Fort and Spanish Fort receives the sales taxes for that shopping center.  The Bass Pro Shop is in Spanish Fort and they will also receive the sales taxes for that shopping center.  I believe that is correct.  As far as the fine is concerned, it is agreed that fines encourage people to follow the rules.  The City of Daphne has a right to levy them.  However, in the opinion of this writer, the association does not.  Sooner or later this will be tested in court.


4/22/2008

Hey Mitch, Regarding the golf course taking down trees, we had an incident recently of someone trying to stop them. What jurisdiction has the golf course got that they do not have to clear with the City of Daphne?

To my knowledge the city has never interfered with the association when it came to removing trees from the golf course.  This could be due to the fact that it is a golf course, and was a golf course before the city annexed Lake Forest, and normally is not supposed to have trees anyway.


4/18/2008

Mitch I read with interest the submission on 04/17/08 regarding the discontent with the current and past leadership for the city of Daphne principally the position of Mayor.  I have it on good authority that in the next two weeks a individual by the name of Ernie Berger will announce his intention to run for the office of Mayor of Daphne.  This man will bring a level of business understanding that this city heretofore has never experienced and is needed to take us as a city to a plateau of planned progress. 


4/17/2008

All we get from the Bass Pro Shop in Spanish Fort is silt. Taxes we pay for Daphne include all our sales and use taxes, property taxes, and gas taxes. The bulk of Daphne's revenue is sales tax, and Lake Forest provide a good portion of it. Daphne has little left after paying debt service, operational coats and personnel costs to invest in any public projects. They have little room to finance projects, either. City leadership has failed to act fiscally responsible for over ten years, now. Just this year have they realized the effects of the many poor decisions regarding borrowing and spending. This election year, vote to protect against mindless spending and additional borrowing. I hope someone runs that will offer that opportunity.


4/17/2008

Mr. Weblord

 Just wondering, how many of those (High) Covenant Violation Fines is it going to take to build the new pool?


4/16/2008

Regarding the comment that someone is willing to pay the City of Daphne to help us improve our medians, NO WAY, you are paying the City now, through your taxes. No more money to the City, did you see that new city hall? Did you see the doggie park? Let the city do what they are supposed to do for their citizens. They are going to get all the taxes from the Pro Bass Shop aren't they? They gave away the Malbis mall to Spanish Fort. Am I right? Did you know that TimberCreek is Daphne. You can use the Daphne or Spanish Fort zip codes for mailing there, but it's all Daphne. Where's t hat tax money from those big houses going? Not to make LF better. Think about it, we just got the city to send out the street sweepers - 2008! At least that's the first time I saw them on my street. Never before have I seen them in this subdivision of 8000+, we are the stepchild truly. Get a grip people, we get very little respect. I've been in this SD since 1984 and never saw a street sweeper here, NOT HERE, but downtown! We might be getting a little bit of respect from Daphne now, we certainly have never had it before! I love Lake Forest, if only our city cared a little more about us!

  Isn't the Bass Pro Shop in Spanish Fort?  Won't Spanish Fort get the tax from that and not Daphne?


4/15/2008

I believe we need a strategic plan jointly with the city to systematically improve our medians. I certainly would be willing to pay some assessment over time to accomplish beautifying the medians. I believe this would also translate to some folks improving their, but it would certainly improve property values.


4/13/2008

  At a recent stated meeting the LFPOA Board of Directors authorized the association attorney to go forward on an action to take the covenant issue to court.  They are going to ask the judge to extend the covenants by court decree, rather than have the issue voted on as required by the covenants.  According to our source, there is a precedent for such an action.  The position they are taking is that the requirement of an 85% vote is impossible to achieve no matter what is done.  We agree with that one.  Such an incredibly high percentage was put there by the original developer for just that reason, to make it impossible to alter.  While it may have protected their investment in Lake Forest for the short term, such a requirement created an overwhelming obstacle for property owners fifty years in the future.  Unfortunately for us, that fifty years is rapidly closing in.  Your writer has no idea whether such an action can succeed, but believes that it is definitely worth a try.  Your old Weblord will go on record right now, that if they can pull this thing off, it will make this the most successful Board of Directors in the history of Lake Forest.  Good luck!


4/12/2008

The survey overwhelming stated the members belief that a new pool at the Country Club site was not only not needed but was not wanted.  What part of that does the Board find so hard to understand? The membership does not want a pool there but the Board just doggedly goes ahead with plans to build an expensive new pool there anyway.  And they plan to finance this how?  More assessments?  New fees? Higher fees?  It would cost far less to improve the building at the "main pool" than to build a whole new pool and associated amenities in a new location. Or don't they get that?

  They get it.  Some of them just want that pool anyway. They were totally surprised by the results of the survey.  It comes with lack of experience and lack of knowledge of Lake Forest history.  That's the big drawback of a coup.  They steadfastly refused to listen to the advice of those who have been around.  I had hoped that there really might be some new ideas come along over the last couple of years.  Unfortunately, they're just making the same old mistakes.


4/7/2008

The facts about the Swim and Racquet Pool:

1. The pool was closed to general swimming due to the condition of the buildingserving it and cost savings.

2. It had nothing whatsoever to do with Friday Construction.

3. There is information being gathered by the Recreation Chair concerning building a competitive pool at the clubhouse where food and beverage and better shade can be found. All components found to be lacking in the member survey for all pools.

4. Our other pools hours are being extended and will be open every day to afford all members a chance to swim.

5. Swim fees are the same as last year.

6. It was not the "Main Pool". It was the least used.

  Do our board members never see the kids walking to the pool with their towels across the shoulders?  How far will a kid on Country Club Drive, Tomrick Circle, or Michael Loop have to walk now?  Do any board members even care?


 

  I was talking with a friend of mine about the pool issue the other day and during our conversation a couple of things came up.  According to one of the directors (Jim Moss) at the last meeting, the general manager with Friday Construction does not appear to be cooperating with them on casting his votes to increase their borrowing power.  They want to do some of those major projects.  Then, the board decided to restrict the main pool to the Lake Forest Swim Team only.  The main pool is the one right next to Friday Construction's Timberline development, so now all those new members will have to haul their families all the way to the opposite side of Lake Forest to a pool.  That probably won't help sell property.  Could it be that the board is thumbing its nose at the developer? 

In the past we tried to take the position that the LFPOA and Friday Construction should try to work together as partners to make Lake Forest better.  We wanted to help them promote those new homes.  Now, in all fairness the Friday GM never seemed to be too interested.  Even so, we always tried to be supportive and certainly not confrontational.  For the last couple of years, it has been rumored that the relationship between association and developer has deteriorated.  That is not good.  For one thing, the Friday general manager has enough votes to call a special meeting of the membership all on his own.  He also has enough votes to make some by-law changes, if he wants.  The board had better walk a little softly when dealing this guy.  He might just decide to get more involved in their business.  Of course, in light of their financial performance over the last couple of years, that might not be a bad idea.


4/2/2008

Pool fees are established as the same as last year. No change. Why would anyone even post such misinformation? You should not even allow such nonsense.

  The mistaken fee was corrected in the same posting.  There were other statements that demonstrated member attitude included in the contribution.  You should be grateful that you have the opportunity to hear from the membership, even if what you hear doesn't necessarily jive with your own opinion.