LAKE FOREST PROPERTY OWNERS ASSOCIATION

STATED BOARD MEETING

June 16, 2005

Members Present:  Sarah Coxwell, Mitch Davis, Henry Lawson, B.T. Cocke,

Minutes for Approval:

After correction of spelling error on last page Willie Robison made a motion to accept the minutes for May 19 as amended.  Ray Drake seconded and the motion passed unanimously. 

Old Business:

Teen Center:  Willie Robison made a motion to shut down the teen center and change the locks.  Henry Lawson seconded the motion.  During the discussion phase Willie Robison asked and the chairman surrendered the chair to Ed Kirby, the Vice President.  Discussion included questions and concerns that ranged from; the action being taken is too drastic and does not consider past effort of the operators merits, the concept to reservations over complaints legality, administration, management/supervision, type music, posters, advertising, liability, non-resident patrons.  The motion carried 4 to 3.  (Robinson, Lawson, Drake, Cocke) (Davis, Coxwell, Kirby).

New Business:

Ed Mundine – 126 Ridgewood Dr.

Comments and discussion continued over the teen club and the fact an event was currently underway.  Henry Lawson made a motion to recess for 10 minutes.

Ed Kirby returned the chair to Mitch Davis.

The President called for the Mundine agenda item.  Willie Robison said a good neighbor and property owner  (Mundine) was lost due to his discouragement over delays encountered in obtaining approval for a metal carport.  Sarah Coxwell related past history and cited a prior board discussion over different designs including his last, which was approved by the Architectural Committee approximately 4 days prior to the 1-day sale of his property.  She expressed regret over his moving but underlined the action taken was in compliance with covenants that have been largely ignored for a number of years.

Committee Reports:

Architectural: Sarah Coxwell presented the report. 

Building & Grounds:  Ed Kirby had nothing to report.

Communications:   Mitch Davis in the absence of Carl Kauffman asked for input for the Spectrum (updated monthly) and the web page (anything new).  Henry Lawson noted board minutes for April 14 and 21 had not been posted to the web.  Mitch Davis said he would check it out. 

Finance:  Sarah Coxwell presented the report. 

Food & Beverage:  Ray Drake distributed a handout (Copy enclosed) on food and beverage.  He noted discussions have been held and are ongoing to try and increase sales and improve the overall financial situation.  

Greens:  Willie Robison reported costs for golf maintenance for May was over budget by $7200 but projected spending should remain within the allotted annual figure.  Overage was spent on airification, fertilizer/chemicals and fuel costs.  Fuel costs alone are over $1000 as a result of inflated process.  Action is underway to control costs but still provide quality service.  He complimented Derrick and his crew for their good work and Steve for his overall supervision.

Recreation:  Henry Lawson said we had missed our goal to have the pools ready for the swim season.  Deficiencies still exist and work needs to be done.  Valid complaints are being worked.  Details including recommendations will be transmitted in a separate letter. 

Ad Hoc Committee:  Two meetings have been held.  Participation has been excellent.  Ideas are upbeat and positive. The new committee name is Lake Forest Improvement Committee.  Accomplishments of the group include scheduling informational meetings/parties for both newcomers and realtors to acquaint them with amenities, benefits, covenants, etc.  A welcome committee for new residents and a communications committee have been formed.  Plans are underway to meet with city officials.  The next meeting is July 12 at 6:30pm.

Yacht Club, Marina & Lake:  B.T. Cocke reported lake has been drained to permit dredging of Tom’s Cove.  A quote for an actuator on the valve is considered excessive and action is underway to reduce the cost.  He detailed interaction with the city including his belief it will be months before the city acts on our offer to give the lake to the city.  The delay is in part attributed to an ongoing 3-city study on drainage.  B.T. Cocke then said the city had essentially said no and made a motion, which was seconded to withdrawal our offer to give the lake to the city.  Ray Drake called attention to a newspaper article wherein the Fairhope City Council had noted legal ramifications in altering the flow of water.  During discussion Ed Kirby suggested it would be beneficial to hear from Ken Eslava before voting in lieu of waiting for his comments during the public participation section of the meeting.  Ken Eslava, Public Works Director, City of Daphne said he was representing the Daphne City Council.  He recalled past controversy, referenced the 3-city study and expressed the need for all parties to come to the table and fully discuss/understand the issues.  His views were accepted.  B.T. Cocke withdrew his motion and will set up a meeting between the full board and city council.

Member Comments:

George Lieb – Mr. Lieb distributed a 32-page packet concerning the teen club (DOX) to each board member while noting insurance coverage concerns, opinion that Lake Forest was not the time or place, offered to help find an alternate site and concluded the teen center was a nightclub.  Attempts to discuss the packet were denied first by the president, who vacated the chair on a point of order from Henry Lawson and then by Ed Kirby who assumed the chairmanship.  Ed Kirby noted the board had acted to close the teen center, adding that the public did not need to know its contents; hence review of the packet was not appropriate.  When asked why residents had to find out about the DOX (teen center) on the web instead of the Spectrum or the Lake Forest web site, Brice Cocke responded that he had only found out about the situation this morning, action had been taken this evening and airing of the situation with the media as inappropriate.  Mr. Lieb agreed not to publicize the issue.  Ed Kirby excused Mr. Lieb after noting he too had only learned of the situation today.

John Peterson – Mr. Peterson questioned whether negligence or recklessness on the part of this board contributed to the teen club deteriorating to this point and cited a need for better decisions and oversight.  He expressed fiduciary concerns and putting our assets at risk without consideration and caution with regard to consequences of running a teen club namely, e.g., current activities expose our neighborhood to the danger of serious incidents.  He thanked the board for action taken and emphasized amenities are primarily for residents, their family and close friends rather than groups from other cities and states.

Ray Drake took exception to his comments noting a review of board minutes will reveal action to do things right.  He personally checked police records and found 2 incidents on file.  We (the board) until this situation came to light had been looking without finding documentation of this nature and magnitude.

Mike Dubose – Mr. Dubose said he had approached the board in the past with pictures and complaints about the teen club without success.  He was amazed that acts and lyrics presented to our children were not suitable for presentation to the board.  He and others searching the web in four days compiled the packet.  Moreover, activities were not advertised in the Spectrum or Lake Forest web site.  Ed Kirby restated he did not think discussion was appropriate in light of action already taken and when questioned as to his vote responded to the effect that his objection was based on closure without due process to the operators and hoped the window was still open.  Willie Robison responded by stating his motion left no “wiggle” room.  He pointed out Mr. Lieb had not addressed this board before tonight.  He noted he would not subject his children or others to such language and accepted admonishment for not being more diligent even though he acted correctly when confronted with the evidence.  Mr. Dubose closed his comment after prompting over time constraints with endorsement of good wholesome activities but operators and promoters should be held accountable for damages and barred from future activities. 

Lydia Peterson – Mrs. Peterson said she had signed the petition supporting the teen club based on false pretense and wanted her name removed from the list.

G. Johnson – Mr. Johnson concurred with Mrs. Peterson and asked for removal of his name from the petition as well.

Brian DeGreco – Mr. DeGreco expressed concerns of filing and settlement of liens.  Ed Kirby explained such action is lengthy and undertaken for the protection of the association. 

Jim Ethington – Mr. Ethington asked for background information concerning development and issuance of the contract covering the teen club.  Mitch Davis responded the General Manager had issued the contract and admitted involvement, namely signing as a parent.  He expressed his apologies.  Willie Robison interceded in the discussion noting argument was underway.  Mr. Ethington acknowledged Willie Robison’s comment adding this issue would be revisited during the next election.

Robert Underwood – Mr. Underwood noted purchase of property obligated the owner to abide by the covenants and specifically referenced Lake Forest covenant IV-D Nuisances.

Grounds for a nuisance existed and he asked why the association had not been issued a letter.    He concurred with closing the club and pointed out past/continuing issues of liability and insurance coverage.  When asked whether insurance coverage existed Mitch Davis responded affirmatively.  Mr. Davis further acknowledged action taken by the board but said his review only revealed kids having a good time and had he known of the bands in dispute their activities would have been curtailed.  When queried about disturbances cited in a residents letter he said the operators polled the neighborhood with positive results.  Again, he accepted full responsibility.  Mr. Underwood also noted that the board had previously been informed that the General Managers entry into an agreement with minor children was a violation of Alabama law.

Willie Robison stated the board had approved the hiring of a security officer to monitor the teen club and asked the President to determine whether board members had any closing comments.

Henry Lawson said audience (member) participation had given a wake-up call to the board.  Not all are going along blindly.  He asked and challenged the audience to continue to hold the board accountable with their evidence to make the change permanent.

Adjourn:  

Ed Kirby made and Ray Drake seconded the motion to adjourn.