Steady Even Pressure
Written by Dr. John Livingston.
Preserve Plantation is today one year old. We have in our most humble opinion made a huge difference in what will happen to the golf course and our neighborhood. Several of our members and many of our contributors have asked over the past few days why we have “gone dark” on our website and if we still plan to continue as an organization moving forward.
The answer to the first question is that we purposefully decided not to get involved in either a non-partisan City Council election or an HOA Board election. From the beginning we have promised all parties that we would do all in our power not to divide the neighborhood. In both cases we encouraged individuals to voice their own personal opinions regarding candidates and issues that have been brought before our neighborhood and city over the past year. We individually canvassed for City Council candidates, contributed to campaigns, and placed yard signs for those we supported. We were surprised and humbled when candidates came to our homes and many times for over two hours discussed our concerns about the process of the Special Area Permit (SAP) that is now in Garden City Code and being implemented as current land divisions move forward. We were encouraged that both winning Council candidates promised to look into the issue of The Garden City Planning Department changing the rules of the game after the SAP rule was implemented regarding the outsourcing of the review process to independent contractors instead of keeping the process in house as the entire City Council had promised. We look forward to the new City Council reviewing this situation as they, I am sure, plan on keeping their promise to “keep a close watch on the process as land reviews move forward”.
There is much left for us to do as an organization, but we will follow the lead and encourage a proper and involved direction by the HOA and the HOA Board. We will as an organization remain vigilant, and we will keep our website open for opinion and donations.
I am sure all the objectors, clients and contributors agree and would like to thank Mr. Pierce Roan and Mr. Kent Brown for their many years of service on the Homeowners Association (HOA) Board. Both men have dedicated their lives to public service having served and retired at the highest ranks in their professions. They continued to “serve before self” on the HOA Board unselfishly.
General Roan was magnanimous and courageous with his words before The Garden City Council when he declared that the HOA Master Declaration Contract (MDC) and CC&Rs needed to be respected and considered before any decision was made by the City Council. Two very recent Idaho Supreme Court Decisions since the vote by council confirm that rezoning and land divisions need to consider and respect HOA input—contrary to the advice given council by the city attorney. I would urge council members and their legal counsel to review those opinions and reconsider the issue of HOA involvement in the process.
Colonel Kent Brown has likewise served his community and country admirably. Thank you, sir, for your service. I was disappointed to see once again a letter that was personal and private circulated throughout the neighborhood after the last HOA election in which Mr. Brown lists his professional and personal bona fides and admits he is not a lawyer, but then lists his experience as a basis for disregarding the contemplations of our courts. A clear distinction between personal opinion and legal opinion was blurred by the “assertion of credential”. After reading Mr. Brown’s letter that we received from a neighbor not associated with our organization, it has been made apparent to us that individuals in the neighborhood and some sitting on the previous HOA Board served not only as conduits for information between the developer and the HOA and in several cases the City Fathers, but acted as an impromptu agent de facto—not dejur, for the developer—in our non-legal opinions. This is absolutely their right, but that relationship and perspective should have been more conspicuously disclosed. Obvious conflicts of interest were disclosed, but not appropriately addressed by individuals specifically or by the City Fathers—in our opinions. The objectors and many of our associated neighbors felt we had little notification or input during the critical early stages in the process before the City Fathers and were disappointed by the lack of action by the HOA that has a covenant relationship with its members through the MDC and the CC&Rs.
One slight but critically important difference in the positions of the Plantation Neighbors and the River Club management that is key as we move forward:
“The owner of the golf course is not a member of the HOA, but the golf course property is within our HOA boundaries. The owner, member or not, is irrelevant.”
Finally, and most importantly I would like to thank our neighbors who showed up in force—creating the first “quorum” since 1989 making a fresh start in the process of protecting our neighborhood. The slate of candidates that were overwhelmingly elected and our new HOA Chairwoman who rejected the inertia of several in the old guard, deserve our thanks and support for stepping “into the breach”. Let us continue to support them, show up at meetings, and move forward in doing all we can to leverage the law and protect our neighborhood.