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Trustee Meetings Second Tuesday of each Month Holy Cross Lutheran Church located at 13014 Olive Blvd Corner of Fernview and Olive Blvd. Please enter at the rear of the church. 7:30 p.m. - 9:00 pm.
ISSUE 59 © May First Issue 2011 PRESIDENT’S MESSAGE Dear Friends and Neighbors,
I have a couple of items that I would like to share with you.
First, spring has exploded like a thundering herd of angry elephants. All over the U.S., thousands have had their lives irrevocably changed by spring storms and flooding. Old Farm Estates dodged a huge bullet on Friday, April 22nd. According to a staff member at the St. Louis County Office of Emergency Management, the EF4 tornado that ripped through Bridgeton first touched down in the Missouri River bottoms by Maryland Heights Expressway. It is frightening to think of how close it was. I hope you, your family, and your home survived safe and sound. Given the intensity of the storm, it was a miracle that there were no deaths or major injuries. I would urge you to consider this storm a reminder to review your emergency preparedness plan.
On a completely different track, you should be aware of a developing situation. The Trustees recently learned that Parkway School District has an overcrowding problem at McKelvey and Craig schools resulting in the District to research the possibility of changing the attendance areas in the central part of the District. Our understanding is that Old Farm Estates might be moved to a different elementary, middle, and high school. However, the changes wouldn’t take place until the 2012-13 school year. I know that many will have concerns and very strong opinions about this potential change. Since there is no official plan yet, we don’t really have enough information to gauge the impact it might have. The District is still researching its options and is expected to make a decision near the end of 2011. We have contacted Parkway, opening a channel of communication, and will continue to gather information. As we learn more, we will pass that information along to you. I would ask that you to do the same.
Have a fantastic summer.
-Sam Craig
PLEASE DON’T WAIT …
The purpose of this article is simple: to save you money. Each year in November, the Trustees mail the invoice for the subdivision assessment which is due by the end of December. Each year, several lot owners, for many reasons, don’t pay their assessment on time. Despite letters advising them that they are delinquent, the invoice remains unpaid resulting in a lien being filed against their property. What most lot owners do not know is that once this happens, an additional $80 is added to the amount due to cover expenses associated with the liens. What was once a $100 assessment is now an amount due of $180, plus penalty and interest. Please be aware of the assessment invoice and any subsequent communication from City and Village.
The Trustees know that many of our neighbors have been hurt by these hard economic times. We are very willing to work with you do get through the difficult situation you may be facing. These are done on a case-by-case basis. City and Village can normally arrange to get your assessment balance paid to avoid liens and additional penalties, providing you honor your agreement to a payment plan. If need be, please contact a Trustee and, together, we will find a plan that works
If you are not receiving these notices, you have a couple of options. You can visit the St. Louis County website to confirm the mailing address associated with your property (http://revenue.stlouisco.com/ias/) or you call City and Village at 739-4800.
-Sam Craig
JUDGE RULES IN FAVOR OF TRUSTEES
Judge Barbara Wallace entered her judgment in the case of Gary Hall, et al. vs. Larry Jackson, et al. (Cause No. 09SL-CC05338) on March 16, 2011. In her six page judgment, Judge Wallace ruled decisively, on all seven counts of the lawsuit, in favor of Jackson and the other six defendants (all were current or past Trustees). The judgment became final on April 15, 2011. Three days later, on April 18, the plaintiffs filed an appeal. Their reasons for the appeal were not available at press-time.
The judge ruled that the Trustees are vested with considerable discretion with which to execute their responsibilities. She found that the Trustees had established a clear record, since the early 1980’s, of interpreting the Indenture to spend assessment funds on the repair and maintenance of all subdivision common property – including the pool. She concluded that the actions of the defendants were reasonable in continuing to follow this interpretation. She also ruled that the plaintiffs produced no evidence to support their allegations that:
Lastly, she ruled that there was no legal basis for removing the Trustees from their offices. To read the entire judgment or the petition filed by the plaintiffs, go to oldfarmestates.org. There you will find a similar article about this lawsuit, but it will have links to these documents.
The plaintiffs in the case, Gary Hall, Janet Fortus and Robert Gates, filed their original lawsuit in February, 2008 against six current or past Trustees. In December, 2009, most of the suit had been dismissed by the judge and the parties were preparing to try the final two counts when the plaintiffs withdrew the lawsuit. Four days later, the same plaintiffs re-filed a second lawsuit which became Cause No. 09SL-CC05338. Though the new suit had wording differences, it made essentially the same allegations as the 2008 lawsuit except that it added an accusation of negligence. The defendants in the second suit were also Trustees and past Trustees, but there were seven this time including Larry Jackson, Kathy Schweitzer, Ted Campbell, Sam Craig, Karla Reichelt, Mike Davis and Dan Bellows. No explanation has ever been given why these seven were chosen as defendants from the 13 Trustees sitting at the time or the numerous other previous Trustees.
-Sam Craig
CHAIRPERSONS NEEDED
Vacancies exist for chairpersons on the Cul-de-Sac and Streets and Sidewalks committees. The former involves, coordinating with the residents adjacent to a cul-de-sac, upkeep, budget requirements and maintenance coordination of the area. For the latter, it involves mainly coordination and combination of resident’s comments and relaying to the County.
It’s not a requirement to be a Trustee to hold these positions. Contact Sam Craig at 576-1514 or samcraig677@gmail.com for additional information. Your name will be discussed at a Trustee meeting.
-Jerry Goldberg
OLD FARM ESTATES SUBDIVISION TREASURERS REPORT – 2010
We began the year with a surplus of $25,982 and ended 2010 with a surplus of $17,445. Major highlights for the year include the following: We spent $15,515 on repairs and improvements at the pool. This amount exceeded the planned spending by $5,500. The overrun in pool capital expenditures is primarily related to a required upgrade to our filtration system. Legal expenses were $9,986 and exceeded our budget by $6,986. The majority of legal fees were incurred to protect our ownership interest in the land extending from Bookbinder to Creve Coeur Mill Road. See prior Gazette articles on our website for discussions about the quiet title lawsuit.
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1924 Beacongrove Dr |
Degraaf, Jeffrey, Janet, Amy |
1925 Beacongrove Dr. |
Kassing, Brian, Jessica |
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1315 Benbush Dr |
Tham, Quoc Dieu, My Ha |
13218 Damask Ct |
Walkenhorst, Robert |
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13182 Strawberry Way |
Tierny, Thomas, Mary Pat |
1957 Burlewood Dr. |
Bader, John |
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13144 Four Poster Ct |
Kessler, Violetta |
1909 Bookbinder Dr |
Szamkowski, Joseph |
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1973 Pickfair Dr.. |
Magruder, Deron & Brecher, Amy |
1858 Bookbinder Dr. |
Solomon, Vinita |
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13236 Delft Dr. |
Wieser, John & Sewell, James |
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-Ed Shimamoto
OLD FARM ESTATES POOL
Summer is quickly approaching and it won’t be long before the flowers are blooming, (the grass is already starting to grow). That means it won’t be long before the OFE Pool will be opening for the summer! The pool will officially open on Saturday, May 28, 2010, (Memorial Day weekend) and it will close after Monday, September 5, 2010 (Labor Day). Remember, the pool is open on “holiday Mondays”, (Memorial Day, Fourth of July and Labor Day), and closed on the Tuesday after the holiday.
We will hold four Pool Workdays this May to get the pool spruced up and ready for the summer. The dates will be: April 30, May 7, May 14 and May 21, from 8 am-12 Noon. All volunteers are welcome! We can use as much help as we can get. We want to continue to improve the pool and update the appearance, but we need your help.
We had a great year in 2010, and many improvements were made to the pool. New tables and chairs were purchased with money raised completely by the various fundraisers held. The Garage Sale and Trivia Night were very successful and a lot of fun. Pool membership was strong and we are looking for more new members this season. The membership information was mailed in mid April. You can also go to the OFE website, oldfarmestates.org to see the rates and join.
The OFE Swim Team had a fun year in 2010 and had some of the top swimmers in the Conference Meet which was held at the end of the season.
Michelle Tischer will be back again this year as the Head Coach. There will be Swim Team sign-ups on Saturday, April 30, from 10 am-12 noon at the Pool. Additional information is available on the website.
Finally, look for more information coming soon on the following big events at the pool, which will be open to all residents for these events.
Monday, May 30 (Memorial Day): There will also be a Kid’s Party from 2-4 pm with games and prizes!
Monday, July 4 The OFE Parade will be at 11 am, ending at the pool.
-Mike Davis
WE APPRECIATE YOUR COOPERATION
In the last issue of the Gazette, an article appeared on the topic of yard waste. Since then I have received a few emails of residents continuing to place leaves and yard waste in the streets or curb. This practice is inconsiderate. According to MSD, leaves in the storm sewers could cause overland flooding or even the possibility of flooding into homes. . Larry Jackson, our Common Grounds chair has noticed leaves and gumballs are clogging up the sewer lines along Greenbough. This waste washes down to the common ground incurring expenditure for common ground cleanup.
-Jerry Goldberg
PARKING IN RESIDENTIAL AREAS
It’s time for a refresher on parking within OFE. I obtained the following from the St. Louis County website http://library3.municode.com/default-test/home.htm?infobase=11512&doc_action=whatsnew
According to Title XII Traffic Code Chapter 1207 Parking Regulations, parking is not allowed:
(a) On a sidewalk
(b) In front of a public or private driveway exiting onto any highway, roadway, alleyway or parking lot
(c) Within an intersection.
(d) Within fifteen (15) feet of a fire hydrant
(e) On a crosswalk.
(f) Within twenty (20) feet of a crosswalk.
(g) Within thirty (30) feet upon the approach to any intersection or so close to the intersection as to obstruct the normal flow of traffic.
(h) Within fifty (50) feet of the nearest rail of a railroad crossing.
(i) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of the entrance (when properly posted).
(j) Alongside or opposite any roadway excavation or obstruction when stopping, standing, or parking would obstruct traffic
(k) On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
(l) Upon any bridge or other elevated structure upon a highway, roadway, alleyway or within a highway tunnel.
(m) At any place where official signs prohibit stopping.
(n) Within eight (8) feet of a public or private mailbox.
(o) Upon any portion of the right-of-way of any controlled or limited access highway.
(p) Upon any portion of the road so as to obstruct emergency snow removal operation.
(q) Upon any unpaved shoulder or other unpaved portion of the right-of-way
-Jerry Goldberg
AGREEMENT SIGNED WITH PARKWAY
The Trustees signed a License Agreement with Parkway School District that grants us permission to perform maintenance on the hill along the east side of Old Farm Drive near the entrance. This agreement puts in writing an understanding that had been in place for about 30 years. The negotiations were finalized when the License Agreement was approved by the Parkway Board of Education at their March 2 meeting. The Trustees and I would like to thank the homeowners who attended the Board meeting and affirmed their support for this agreement to the Parkway Board.
Most homeowners assume that this small strip of land is Old Farm common ground. In fact, most of it is a part of Parkway’s Fern Ridge property. Going back about 30 years, the School District was doing basic maintenance on the hill, like cutting the grass. Because of its prominent place at the subdivision’s entrance, the Trustees came to the conclusion that it was important that this property be attractive and maintained to an above-average level commensurate with the caliber of our homes. They felt it needed additional maintenance like irrigation, fertilizing, mulching, and planting flowers and shrubs. Consequently, they talked to Parkway and reached some type of an agreement, though there wasn’t a written agreement that we could find. Regardless, Old Farm has been maintaining it ever since.
Within the last couple of years, a homeowner learned of this situation and created confusion at Parkway about the intent of the Trustees. Consequently, we approached the administration and negotiated the License Agreement addressing the concerns of both parties. Parkway retains ownership while granting Old Farm Estates the right to enter the property and do the maintenance we feel is important. There are no lease or purchase costs for OFE. Our insurance protects the District, and either party can end the agreement without any penalties. In the end, the hill will be well maintained and the entrance to the subdivision will remain attractive.
-Sam Craig
HEAR YE! HEAR YE!
WE’RE UPDATING OFE’S EMAIL LIST AND NEW DIRECTORY INFORMATION
It’s been generations since a bell ringer stood on the street corner calling out “Hear Ye!” to all the citizens, but as limited as this method is, it still gets our attention! Today, though, we use so many faster, more effective means of communicating to large groups in a timely manner. One of those methods is email. Your OFE trustees want to serve you, our neighbors and friends, in the most effective manner possible and that means communication. To meet that goal, we want to be able to contact you via email occasionally and to provide you with a directory that is complete & accurate. Therefore, for Trustee use only, we are compiling a list of OFE residents’ email addresses and getting updated information for the directory. With your consent we also may publish email addresses along with your street address and phone number in the new fall 2011-2012 OFE Directory.
So, please, provide us with your email address(es). Besides using the OFE neighborhood email list to distribute special messages and alerts, the board of trustees may also use the list to selectively disseminate general information that relates to OFE --- perhaps just to direct residents to the OFE website for a particular notice. The list of email addresses will be protected --- not sold or shared. In addition, when we send out email notices, the board will use a “Listserv.” In other words, everyone’s email addresses (except your own) will be hidden on emails. Someone suggested that to further protect one’s privacy, a person can set up a separate email address to deal with more ‘public’ issues (like notices from OFE), and then, give OFE only this ‘public’ email address. It’s a thought.
As noted above, we may include your email address in the new 2011-2012 OFE Directory which we are publishing this fall. We understand that some OFE residents will choose to keep their email addresses private --- as some do their phone numbers, but to be effective, we need as many people as possible to join the list.
We would like the new 2011 directory to be as accurate as possible. If your phone number or other information has changed, please let us know that as well on the form below. Either mail the form to me at 13275 Hobnail Drive (63146) or email your information to me at speck.ma@yahoo.com.
Residents can purchase advertisements in this directory. Please contact me or Ed Shimamoto, eshima@yahoo.com, 205-1990 for more information.
-Mary Anne Speck
Download the pdf version of this newsletter for a form you can use to send in new information.
To View Previously Published Old Farm Estates Gazette Issues
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