After reading the webmasters painting of the events which led to the closing of the Dox as contrived, I have to respond. There is no question that the Dox center, as intended, would have been a great thing for our kids and the community, and Mr. Leib would tell you that as well. The problem comes in when the then board failed in their duty to the LFPOA to insure that the Covenants and House and Ground Rules are followed. The board failed to oversee activities that were approved by the then GM, Jake Bodiford.

Here is the text and basis of my initial opposition to the Dox. Read it and understand it.

To the LFPOA Board and members present: This document is put together out of concern over the handling of the “teen night club” operated at the Swim and Racquet Club facility. There are several concerns I have in relation to the creation and operation of this club and its reflection on our community and the LFPOA in general. Concerning the “contract” or agreement between the LFPOA and the operators, Andrew Davis, Ben Meloun, Chris Browning, and Mitch Davis, consenting as the father of a minor child. Reading the “Objective” of the agreement, I find no problem with the basis of the agreement, but we also find the first areas of violation by both the operators and the LFPOA. The agreement says, and rightly so, that this service is to be provided to “Lake Forest members who visit the Swim and Racquet Club”. Obviously, this clause was allowed to be ignored by the operators with full knowledge and consent of the General Manager (GM) and this board. Following the prohibition against outside persons is a clause I consider to be a “term” or time of the agreement. It states that the service will be provided “during this swim season”. Herein is the second obvious violation of the agreement, assuming there have been no directives from this board to amend it. Why would the GM allow it to continue? Was there a new secret agreement? This violation is also obvious since the swim season generally runs from late May to early September, at the latest. Being that the agreement was dated May 2004, my reading leads me to believe the termination of this agreement, through its expiration, would have been around September of 2004. This means that there was no agreement at the time of operation in Oct-Dec 2004 and Jan-June 2005. It is particularly troubling that the GM has allowed the use of our facility, outside of any agreement, by parties other than LFPOA members. There are also “constraints” listed in the agreement. For anyone to state that these were followed is a misstatement of facts. There are many examples of the “constraints” being violated. There is evidence in the board minutes of violations and yet no action was taken. You have in your minutes from January 2005 a record of a site visit to the Swim and Racquet Club. This report states “the building grounds were littered with cigarette butts and discarded beer containers”. This visit was on January 18, 2005. This is evidence of the alcoholic beverage prohibition in the agreement being violated. It also flies in the face of recent statements by our President claiming a “no smoking” operation. There are many instances where it can be shown the operators and the LFPOA Board violated the letter and intent of the agreement. In the agreement, great weight is placed on the GM of the LFPOA. There is concern in how the GM has handled and exercised his authority and control in this matter. First is the issue of continuing the operation beyond the stated term of the agreement (the swim season). Was the GM pressured by the President to allow this to continue? This action seems at odds with the GM’s responsibility to the LFPOA. Also, the GM had authority to deny permission for events. Did he just give blind approval of any event or did he look at and approve the bands and music. From appearance, it seems that the GM did not do his duty in regards to the agreement. He took no action to protect the interests or limit the exposure of the LFPOA. He even wrote a contract that placed all liability on the LFPOA. Since Mr. Bodiford has recently tendered his resignation and will be leaving, this board should place him on administrative leave without pay until his resignation becomes effective. The LFPOA Board must not condone or accept such actions by this or any future GM of this organization. This Board should send a clear message to all employees that the LFPOA will protect its interests, its assets, and its membership from employee actions that are detrimental to its cause and purpose. Mr. Ed Kirby faced a clear conflict of interest in regards to this teen center. He knew that the activities may have violated zoning laws of the city and looked the other way. There was no license issued to the operators for 2005, yet no action was taken. City officials have no place on our board. The inherent conflict of interest this puts them under is unacceptable. Mr. Kirby should consider resigning from one position or the other. That about sums up my feelings on the “DOX “ episode. My next concern goes well beyond this issue. As a member, I have lost all confidence in the current President and GM to act responsibly on behalf of the LFPOA. I am concerned about other operations being handled in a careless, reckless or fiscally unsound manner. What safeguards are in place to insure the GM and President have not had irregularities in our finances. How can the board President’s child obtain a job so easily? Does he even have to do the work he is hired to do? These types of actions do nothing but raise doubts about the integrity of the LFPOA and its operation. With millions of dollars at stake, and millions in assets under the LFPOA Board’s watch, the members deserve better. The recklessness that created the teen nightclub at our facility must be removed. If the President took actions to serve his family’s interests above those of the membership, he should admit it and resign his position immediately. This board should immediately take action against employees who looked the other way. Lastly, I would hope for a diligence in service that leads to a betterment of our community. Lake Forest can be better and it will take sound judgement and prudence to get there. You are not acting alone, or for yourselves, but on behalf of thousands of members. Lets take the steps to right our ship, get on a true course, and lead the LFPOA in a manner that deserves respect. Thank you for your time, John W. Peterson Lot37, Unit 4

That letter was to be read at the July 21, 2005 stated meeting of the LFPOA Board. I had signed to speak. The meeting was adjourned before I could read this statement after Mr. Leib had spoken. I handed it to the Secretary and other board members. By then, the board had closed the facility and it was said to be over. Subsequent to the closure, the President and others began a campaign in the press to re-open the Dox. I read a letter from one Mr. Browning about it in the editorials. In response, I drafted a letter to the Mobile Register to state the truth. I never sent the letter, but you may read it here. I decided to run for the board instead. The letter obviously contains the same points that I expressed to the board.

To the Editor: I have just read the letter from one Douglas Browning concerning the Lake Forest Property Owner’s Association (LFPOA) recent closing of the teen club. The letter is filled with misstatements concerning the opposition to the club that live in that neighborhood. The club was definitely a nuisance to the neighbors. The LFPOA Board ignored those members living close by for months. My opposition is based on violations of the covenants of Lake Forest and the recklessness of the LFPOA Board in allowing this operation to begin with. Let us just go over the handling of the “teen night club” operated at the Swim and Racquet Club facility. There are several concerns I have in relation to the creation and operation of this club and its reflection on our community and the LFPOA in general. Concerning the “contract” or “agreement” between the LFPOA and the operators, reading the “Objective” of the agreement, it reads “The operators propose to provide games, recreation, snacks, and other forms of entertainment to the Lake Forest members who visit the Swim and Racquet Club during this swim season. This plan is contingent upon the following constraints.” I find no problem with the basis of the agreement, but we also find the first areas of violation by both the operators and the LFPOA. The agreement says, and rightly so, that this service is to be provided to “Lake Forest members who visit the Swim and Racquet Club”. This clause speaks to the requirement that the LFPOA facilities are to be used by members and guests only. Obviously, this clause was allowed to be ignored by the operators with full knowledge and consent of the General Manager (GM), the President, and the LFPOA board. Following the prohibition against outside persons is a clause I consider to be a “term” or time of the agreement. It states that the service will be provided “during this swim season”. Herein is the second obvious violation of the agreement, assuming there have been no undocumented directives from the board to amend it. This violation is also obvious since the swim season generally runs from late May to early September, at the latest. Being that the agreement was dated May 2004, its reading leads you to believe the termination of this agreement, through its expiration, would have been around September of 2004. This means that there was no agreement in force at the time of operation in Oct-Dec 2004 and Jan-June 2005. It is particularly troubling that the GM has allowed the use of our facility, outside of any agreement, by parties other than LFPOA members. There are also “constraints” listed in the agreement. For anyone to state that these were followed is a misstatement of facts. There are many examples of the “constraints” being violated. There is evidence in the LFPOA board minutes of violations and yet no board action was taken. In the board meeting minutes from January 2005, a record of a site visit by the Recreation Committee to the Swim and Racquet Club is reported. This report states “the building grounds were littered with cigarette butts and discarded beer containers”. This visit was on January 18, 2005. This is evidence of the alcoholic beverage prohibition in the agreement being violated. The only operation at that facility during that time was the teen club. It also flies in the face of the statements by Mr. Browning claiming “There was no drinking, smoking, or drugs allowed”. There are many instances where it can be shown the operators and the LFPOA Board violated the letter and intent of the agreement. The agreement itself has flaws that speak to the recklessness of its institution and sheer failure of the board to exercise fiduciary responsibility. It seems that the board did not do its duty in regards to the agreement. The board took no action to protect the interests or limit the exposure of the LFPOA. The contract had placed all liability on the LFPOA. That is right , ALL LIABILITY! An article in the agreement reads “The operators will not have any liability for anyone visiting the facility nor to damage to anyone’s property including that of patrons or the LFPOA. That personal injury liability will be covered by the LFPOA.” It is unfathomable that any prudent board member would allow this kind of agreement to be in place. It would make Lake Forest residents fully liable for actions of visitors from Mobile, Ocean Springs, Pensacola and other areas that attend a “teen night club” on our premises without proper supervision. As a member of LFPOA, I have lost all confidence in the current President and board to act responsibly on behalf of the LFPOA. I am concerned about other operations being handled in a careless, reckless or fiscally unsound manner. We have recently learned that the board had cancelled flood insurance at the Yacht Club Facility two years ago. The dollars paid for premiums were to be set aside in a special account to cover future expenses. That never happened. Now the LFPOA is faced with major uninsured losses due to Hurricane Katrina. These types of actions do nothing but risk the assets of the LFPOA and its continued operation. We need to take steps to protect our assets. With millions of dollars at stake, and millions in assets under the LFPOA Board’s watch, the members deserve better. For it to be said that I want to get rid of assets or destroy Lake Forest is ludicrous. My goal in this is to protect our assets from loss due to irresponsible behavior. Lastly, opposing covenant violations and irresponsible acts of the LFPOA Board will protect and preserve Lake Forest and its assets. Lake Forest can be a better place but it will take sound judgement and prudence to get there. The LFPOA Board acts on behalf of thousands of members. There are areas that need dire attention. The LFPOA Board has no long-term capital plan in place. There is no plan to fund asset improvement or modernization. Our facilities need attention and upgrading. We can only accomplish this with proper facility planning and long-range capital plan adoption. We need board members that act in the best interest of the membership elected in October. Thank You, John W. Peterson Daphne, AL