Click to return to 2008 Chronology
TO: Bob Capo, President LMA
Re; PLANNED WORK ON ENA
It was my understanding that the
LMA Board decided at the August meeting to review the statements submitted by
all interested parties, and discuss this issue at the October meeting.
An e-mail from Larry Fleming to
you, and others, was forwarded to me by Bob Greenfield. This e-mail advised you
that “Russ Hoffman is tentatively planning to start work on the ENA path
__________,. on Thursday, August 28”.
Is this work authorized by you and
the LMA Board? If so, at what cost?
One of the points in our statement,
signed by seven residents, was that it is the responsibility of LMA to enforce
Paragraph 29 of the covenants. Paragraph 29 prohibits entry into the ENA, with
the exception of a path to an observation area. If in the Board’s judgment this
limitation of access does not justify the cost of the restoration project, we
recommend that the entire restoration project be abandoned.
Simply stated: PARAGRAPH 29 MUST BE
RECOGNIZED AND ENFORCED!
Please acknowledge and respond to
this e-mail. I am available by phone at 570 775 6010 or by e-mail at
Howfel@aol.com.
Howard Feltman
From:
Montrose40wall@aol.com [mailto:Montrose40wall@aol.com]
Sent: Sunday, August 24, 2008 1:20 PM
To: bobandmarcia@verizon.net
Cc: rkg1650@yahoo.com; donna@gulliversfl.com; rngoodwill@comcast.net;
ShropePetesr@aol.com; henry@sqreone.com; larryrlf@comcast.net;
ronaldandsally1@comcast.net; ralphanddee@comcast.net; landingseagle@comcast.net;
Lardor520@comcast.net; thisiskaty@comcast.net
Subject: Stop Order
Bob,
With all due respect to your position -- at the last public meeting of the
LMA I heard of no such approval from the Board to proceed with work in the ENA
until such time as the Board reviewed and vetted the information to the
community at its October meeting.
Unless there was some behind the scenes approval given to certain
individuals to proceed with such work and at what cost; may I alert you to the
fact that many of us have already privately contacted our attorneys since we
believe that the long term ramifications of your Boards actions have not been
fully considered nor have that been properly vetted.
A few of us are prepared at this moment, knowing that the board might
succumb to this type of behavior, seek a "Work Stop Order" unless the Board
holds to its original decision to openly review and discuss the matter at its
October meeting.
This is simply notification of the intentions of a number of individuals all
at this point acting independently with each of the attorneys.
David Jacaruso
From Bob Greenfield to Bob Capo and Larry Fleming (proponent of plan) and Howard Feltman (opponent of plan)
From:
Robert Greenfield [mailto:rkg1650@yahoo.com]
Sent: Sunday, August 24, 2008 12:01 PM
To: Bob Capo
Cc: larryrlf@comcast.net; Howard Feltman
Subject: ENS
Bob - I have
been receiving copies of emails to you from two groups of LMA members. One
group, represented by Larry Fleming, wants to install a trail and viewing area
in the eagles nest area next week. The other group, represented by Howard
Feltman, objects to a trail and viewing area unless the legal restriction on any
other use of the site is protected.
There is a third group. They are the LMA members who don't want a
nasty fight and maybe a lawsuit in our community. Louise and I and some of
our neighbors are in that group. We want someone to sit down with the
other two groups and work out a solution that they can live with. It may take
time and effort. That would be a small price to pay. The board
should appoint someone with conciliation experience to bring the parties
together and start the process.
I hope you will recognize that restoring goodwill in The Landings is more urgent
than installing a viewing area and trail in a place where there has never been
one.
Bob Greenfield
Editors Summary: Bob Capo, in an E-Mail to Larry Fleming asking the work be halted until LMA Counsel can be consulted.
From Larry Fleming to entire LMA Board and Bob Greenfield
From:
Robert Fleming [mailto:larryrlf@comcast.net]
Sent: Sunday, August 24, 2008 4:33 PM
To: Robert Capo
Cc: dennis ziemann; Whitman Bill; Katy Leiidel; Richard U Bayles; Spelman
Larry; Rhodes Henry; Jerry P. McFadden; Dee Recapito; Jost Jack; Ricapito Ralph;
Deanna Ron; Hoffman Russ; Landings Eagle; Greenfield Bob
Subject: Fleming Response To Capo Re "Stop Work Order"
We do
appreciate your efforts to resolve the ENA controversy without causing undo
community discord. I think you are correct in slowing things down until LMA has
consulted with its attorney. Per your request, I will ask Russ Hoffman to put
work on hold
-----Original Message-----
From: Richard U Bayles [mailto:rubayles@alum.mit.edu]
Sent: Sunday, August 24, 2008 6:15 PM
To: 'Robert Capo'
Cc: whitman@cs.com; Dee Ricapito (ricapito@comcast.net); Dennis Ziemann
(tennisdennis1@verizon.net); Henry Rhodes (henry@sqreone.com); Jerry P. McFadden
(jersalandkids@aol.com); Katy Leidel (thisiskaty@comcast.net); Larry Spelman
(lardor520@comcast.net); 'Dick Bayles'
Subject: RE: ENS
If we don't do it now, we won't be able to until next summer. I think we
should get a quick (is it ever possible?) opinion from counsel that the proposed
path and observation area is well within Section 29 limits and proceed with the
work ASAP insofar as the path and observation area is concerned.
I also think it's clear we won't be able to put a plan together in anywhere near
the October time frame discussed at the last meeting. Therefore, it is
even more important that we get the heretofore non-controversial work done --
the observation area and path.
The full resolution of Sect 29 contents will take some time, I know, but a
narrow interpretation governing the path shouldn't be an issue.
Dick B
From:
Robert Fleming [mailto:larryrlf@comcast.net]
Sent: Sunday, August 24, 2008 4:33 PM
To: Robert Capo
Cc: dennis ziemann; Whitman Bill; Katy Leiidel; Richard U Bayles; Spelman
Larry; Rhodes Henry; Jerry P. McFadden; Dee Recapito; Jost Jack; Ricapito Ralph;
Deanna Ron; Hoffman Russ; Landings Eagle; Greenfield Bob
Subject: Fleming Response To Capo Re "Stop Work Order"
From:
ronaldandsally1@comcast.net [mailto:ronaldandsally1@comcast.net]
Sent: Sunday, August 24, 2008 6:28 PM
To: Robert Fleming; Robert Capo
Cc: dennis ziemann; Whitman Bill; Katy Leiidel; Richard U Bayles; Spelman
Larry; Rhodes Henry; Jerry P. McFadden; Dee Recapito; Jost Jack; Ricapito Ralph;
Hoffman Russ; Landings Eagle; Greenfield Bob
Subject: Re: Fleming Response To Capo Re "Stop Work Order"
Ronald A. De
Anna