round robin february 2012

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    The Round RobinThe Newsletler for the Residents of ROBINWOODWest

    Volume 50 Number 2 www.rwcid.org February 201

    From the President's DeskThis past week, a number of Robinwood West residentsattended the January 17 hearing to see firsthand what is goingon in our most recent lawsuit. The plaintiff's attorney firstquestioned Jim Cain, who has led the small group of ourneighbors in their legal disputes with the District. Theyattempted to bring the facts around the 2008 lawsuit up asevidence, and our legal counsel objected, claiming that elec-tion was a separate lawsuit under appeal by both parties. Thejudge ruled that indeed this case is about the 2011 election,and ordered the plaintiff's attorney to stick to the facts of thiscase.The plaintiffs certainly did not present all of the facts as evi-dence in the case. Since it did not serve their case, they didn'tmention that three-fourths of the voters supported theDistrict's request for authorization to refinance our existingdebt, and a similar percentage supported a special assessmentthat would enable us to pay down the principal so that wecould ultimately payoff the loan early. Their primary argu-ments were that the ballot language was confusing, and not incompliance with statutory requirements.

    Your Questions For the TrusteesJerry and I have kept busy this winter working on theassessment fees. We have a good system: I process thechecks and Jerry enters them into the spreadsheet. Thanks tothose of you who sent questions with your checks and I willattempt to answer them here.The first question asked why Robinwood West is not a partof the County trash program. Jerry and I were just dis-cussing this in December so your question is timely. The rea-son that we are not a part of the county program is becausein 2008 the homeowners of Robinwood West voted to opt

    by S te ve O 'Ro ur ke , P re si de nt , RWCIDOur attorney then questioned Mr. Cain, and presented evi-dence that several of the co-plaintiffs in the lawsuit, Roberta"Bobbie" Tolpen and Stephanie Michael, distributed an openletter to residents timed to coincide with the arrival of themail-in ballots. The letter was clearly a campaign in opposi-tion of the ballot propositions. Our attorney also pointed outthat the plaintiffs, in order to comply with Missouri statutes,needed to filetheir lawsuit within 90 days of the date of theresolution authorizing the ballot language, but they insteadwaited until after the election results were in and thus missedthe statute of limitations.Our attorney, Michael Wagner of Hinshaw &Culbertson,then asked me to take the stand, and asked questions to con-firm the timeline of the Board's decisions, and the steps wetook to work with our own private legal counsel to make surethe ballot language met the statutory requirements. The plain-tiff's attorney offered no cross-examination. In fact, before thetrial he'd asked our attorney ifwe could just skip the question-ing of witnesses and present evidence to the judge. Wedeclined, and the hearing proceeded as described above.

    co ntin ued o n pg. 4by P au la S mith , P re sid en t, T ru stee s

    out of it. At the time, there was no guarantee of service stan-dards with the lowest-bid provider, so we homeowners couldreceive sub-standard service and have no recourse against thewaste hauler as their contract would be with the county notus. If the homeowner would withhold payment due to poorservice, the homeowner would be in violation of a CountyOrdinance. And, when we voted in 2008 fees were not yetestablished and once you opted in, you could not withdrawfrom the program. Still, Jerry and I compared our trashexpenses with those of the county program and found itc on tin ue d o n pg . 2

    Goodwill Club Spaghetti SupperSaturday, February 11th,

    5:30-7 p.m. at the Community Center.No charge. Donations happily accepted.Desserts and bake sale goodies will be offered.Come on down and join your friends. No reservations required.

    http://www.rwcid.org/http://www.rwcid.org/
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    T ru stees M essa ge c on tinu ed fro m p g. 1somewhat cheaper and worthy of another discussion. Wewill get new information out to you and we can take anothervote.The other questions were about the $6 fee. We had a sug-gestion about electronic transfer and we plan to ask at thebank if this is something that would work for the Trustees.The assessment fee has been $6 since the Trust was set up inthe '60s. It does seem odd that in the 60's no one could fore-see that $6 might not cover expenses in the future. But,there it is. While talking to our lawyer about the GreenwayTrail, I asked if there was anyway that we could change theTrust to something that would be open ended so we couldraise the $6, if needed in the future. He said it could bedone but would cost around $10,000 in legal and court feesso we will not be headed in that direction.There seems to be still some confusion of the differencebetween the Trust and the Community Improvement Districtfor Robinwood West, especially for those who have only livedhere for a few years. The Trust governs the common groundand what you can and cannot do with your property. Nofences in the front yard and no livestock in the backyard.Stuff like that. The CID takes care of the pool and the com-munity center and the activities in those places. Making thepool and bathrooms ADA compliant is a CID function, as isthe 4th of July parade and the Round Robin. The $6 assess-ment goes to the Trust and you pay your CID feeswith yourproperty taxes.Thanks for the questions! Don't forget that we will beholding an election to fill a vacancy in the Trustees and wehope some of you will run!Happy winter!

    Robinwood TrusteesPaula Smith .434-4478Jerry Polt 576-5008

    A camera was found on Cohasset Lane.if you are the owner, please call:Bob Gates (314) 275-4003N e e d a R i d e /N e e d H e lp / F ix i t ?

    The Goodwill Club is happy to coordinate a helpfulservice for neighbors who need a ride to the doctorsoffice, grocery store, medicine picked up, help can callone of the folks on our list ad ask for assistance.Jane Dintelmann 275-7227Brad Flanders 439-9456

    John Motley 469-6213Jerry PoIt 576-5008Hilda Rafferty 434-0148Judy Steggarda 878-3594

    Marian GalvinCarol Kinder

    434-8009576-1654

    2

    w e extend our condolencesto thefamilies oftGeorge Brother (12533 Merrick) whopassedaway in November.Hazel Hacker (12462 Merrick) whopassedawa y Ja nu ary 2 2n d.

    Community Center RentalContact:Nichole [email protected] (for a faster response)

    The Round RobinF eb ru ary 2 01 2, V ol 5 0 N o.2

    P u blis he d b y th eROBINWOOD WestCommunity Improvrnent District

    www.rwc id.orgL is a H i n ri chs editor.rwcid@att .netL is a H i n ri chs editor.rwcid@att .net

    EditorAdvert is ing

    Boa rd o f D ir ec to rsPresiden t S teve O 'R ourke 579 -0222

    pres.rwcid@att .netV ice Presiden t W arren Hayden 275-8496

    vice.pres.rwcid@att .netT reasurer K im Hayes 205-9448

    treasurer.rwcid@att .netS ecreta ry Tom Sothers 363 -3028

    secretary.rwcid@att .netD irecto r Dan Brawner 317 -9445

    director.rwcid@att .netO ffice A ss istan t M ichelle Doering .434 -8622

    off ice.rwcid@att .netT he R ob in wo od W e st C omm un ity Im p ro ve me nt D is tric t is a n o rg an iz atio n d ed i-c ate d to b ette rin g th e R ob in wo od W e st c omm un ity . R ob in wo od W e st is afr ie nd ly , in clu siv e c ommu n it y w h er e r es id en ts liv e, p la y a nd w or k t og eth er t oa ch ie ve o ur s ha re d h op es a nd m e et o ur s ha re d c ha lle ng es . W e in vite y ou toco me an d sh are yo ur id ea s a t t he m on th ly m eetin gs h eld o n th e first M on da y o fea ch m on th , a t 7 :0 0 p m a t t he R ob in wo od W est C om m un ity C en ter. C heck th ec omm u nity c en te r c ale nd ar fo r c ha ng es d ue to h olid ay s a nd a dd itio na l m ee t-ings.T o c on tr ib ute a n a rtic le , n eig hb or ho od n ew s o r a d, p le as e e -m a il m a te ria l f orp ub lic atio n to th e e dito r. N ew sle tter c on trib utio ns m u st b e re ce iv ed b y th e2 0th o f ea ch m on th to b e p ub lis hed in th e fo llo win g ed itio n.

    mailto:[email protected]://www.rwcid.org/mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://www.rwcid.org/mailto:[email protected]
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    Garden Club NewsWith the thought of Spring arriving in a few weeks, it sets

    into motion a whole list of things to do for a gardener. Tobegin, our Garden Club is again welcominga Master Gardener from Missouri BotanicalGarden to present two programs at theCommunity Center. The first talk will takeplace on Tuesday, February 28 at 1:00 p.m.It's a valuable session on A Dark Side toYour Garden explaining plants that prickleor poison. The second session on Tuesday,March 6 at 1:00 p.m. will cover Sustainable

    Ei le en Ander sonGardening. Itwill outline organic practices that cover com-posting, fertilizing, improving the soil and pest control. We

    will have a voluntary donation jar to helpdefray expenses.

    We kindly invite you all to take anhour or so out of this 'delightful' winter toenjoy a refreshment or two and say hello toyour fellow hibernating neighbors. Pleasecontact Eileen Anderson at 542-6102 if youhave a question.

    Goodwill Club ReportAt our Tuesday, January 10th meeting we made plans for

    our winter and spring events.FEBRUARY - The Goodwill Club will host a Spaghetti

    Supper on Saturday night, February 11th, at theCommunity Center, from 5:30 p.m. until 7:00 p.m. Nocharge, donations accepted. Desserts and bake sale goodieswill be offered with donations. Mark your Calendar!MARCH - What do you do on March 17th when it is

    S t. P atric k's D ay in R ob inwo od ? The Goodwill Club willhost a Corn Beef and Cabbage Supper, with all the trim-mings at the Community Center, starting at 5:30 p.m. andending after all the folks have been well fed and singing ofthe good old Irish songs have died way. Don't forget to"w ea r th e G ree n"!Again, no charge, donations accepted. Adesserts and bake sale goodies will be offered. Mark yourCalendar!Silver Robins Going Again!With winter upon us the Silver Robins rather than total

    hibernation decided for a laid back approach to the season.We limited January to just one luncheon jaunt to Lewis andClark's American Restaurant and Public House on the 25th. Ipromise a full report and review in the next Round Robin.Anticipating somewhat better weather for February we'll

    continue our investigation of local eateries with an lunchmeeting on the 13th at Charlie Gitto's. Being close, well meetat the Community Center at 11:00 for the short trip. Thenon the 22nd we'll meet at 10:00 for an outing to view thestain glass windows at the All Saints Church in St. Peters. I'mnot sure where we'll gather for lunch, but the St. Peters areais a wide open field for food.

    Charlie &Marian G alvinAPRIL - To top this all off, the Goodwill Club cannot

    get through a Springtime, without a Community GarageSale scheduled for Saturday, April 21st, at the CommunityCenter. Set up date will be Friday, April 20th. We arealready hearing from neighbors calling us to pick up theirarticles they are donating for the Sale. We are receiving a lotof really nice "things" that will make this years sale mostinteresting. Call us when you are ready for pick up. Wehave made a large area at the Center for storage. Call,Charlie at 434-8009, and the "good guys" will pick up.Mark your calendar! More information on the Garage Salewill follow.The Goodwill is on the "GO" so get involved andshow up at our next meeting on Monday, February 13th at 7p.m. at the Community Center.

    D ave F eltMarch will start with a regular meeting at 10:00 at the

    Community Center on the 12th with the usual fine selectionof snacks as well as a smattering of business and planning.The Silver Robins have long since mastered the art of multi-tasking and can conduct business, share stories and eat simul-taneously having had years of practice. The March outing onthe 27th will be to the Missouri History Museum to see theWeavers' Guild of St. Louis's exhibit "Woven in Time."Meeting time for the trip will be 10:00 at the CommunityCenter with lunch scheduled for Olympia Kebob House andTaverna.Hope to see you at one of these activities. Till then, I'll seeyou around the neighborhood!

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    P re sid en t's M e ssa ge co ntin ued fro m p g. 1Both attorneys were asked to submit their recommendations

    for judgment by Thursday, January 19. We look forward to aswift and sensible ruling from Judge Bresnahan in the case.Board Member VacancyDan Brawner, who was elected to the board in June, 2011,

    has submitted his resignation to the board. Dan expressedregret over the decision, citing an increased workload after arecent promotion. Dan has also stepped down from theOperations &Maintenance committee, but has promised tocontinue to help out as he's able. The Board would like toextend our gratitude to Dan for his service to the community,along with appreciation for his willingness to volunteer onfuture projects.The board will be seeking to appoint a replacement forDan, and would like to invite interested residents to step for-ward. We are looking for someone who can oversee the oper-ations of the District, including the building and property,and chair a committee of volunteers who do much of thework. Jerry Polt previously handled this before his term wascomplete, and sits on the committee, along with BobMessersmith, Paul Florek and Randy Dudenhoeffer. We alsowelcome additional committee volunteers.Community Center CleaningThe board has decided to change the way we clean thecommunity center. In the past, the community center hasbeen cleaned after a private rental or meeting. The rental ratefor residents is $120, and the fee that we pay for cleaningservices is $40, so a third of our rental income in these casesis lost. The board concluded that renters should leave thefacility in the same clean condition that they received it, orforfeit a portion of their deposit.The board also decided to open up for bidding the contract

    2011 Financial ReportIt was suggested that I publish this report in the Round

    Robin for all to see. It is my hope that it helps us to betterunderstand where our tax dollars are being spent. If it gener-ates questions, please feel free to attend the next board meet-ing and ask me to further explain.In order to determine more clearly our expenses related to

    functions that produce income, I have created "classes" toseparate them from the general expenses. The report on page5 enables us to see how much the District contributes tothese purposes and how much is reimbursed from feescharged. This is not intended to suggest that these feesshould cover expenses, but rather, it isjust to give a perspec-tive of how our tax dollars are being used.The last three columns show the Total Income and

    Expenses vs. Budget for 2011. We had fewer rentals &poolmemberships than budgeted, but as you can see, we were4

    for cleaning services at the community center. A longtimeRobinwood West resident has been cleaning the communitycenter for years. Since automatically awarding this job couldappear to be favoritism, the board agreed that it would bebest to handle this in a similar manner to how we handle ourmowing contract.The board may vote on a revised service agreement at theFebruary board meeting. If you are interested in bidding onthe cleaning contract, please contact our office assistant,Michelle Doering, for more information.New Class Action Lawsuit

    As I prepared this column on Sunday, January 22, my fami-ly'squiet afternoon was interrupted by a sheriff's deputyholding yet another summons for the RWCID. This is butone more legal assault by Jim Cain and his committedcohorts, and appears to be another class action lawsuitrequesting that the court refund property taxes authorized bythe 2008 election. Given that this case is still under appealby both parties in the lawsuit, I find it interesting that theywould attempt another lawsuit. The previous class actionlawsuit was ruled in favor of the RWCID. I'll keep youinformed in future issues of the R ou nd R ob in .Honestly, this continued barrage of lawsuits is tiring, and

    we are exploring our options to deal with what may be con-sidered harassment. We welcome any residents with legalexperience to step forward and offer some pro bono assis-tance. If you have questions or would like to help, please letme know.G ood n ew s: judg e B resnahan denied the p lain tiffi' m otion for

    prelim inary injunction in the lawsuit ag aim t the A ugust 2011e le ctio n, sta tin g th at th e p la in tiffi fo iled to d em on stra te a lik eli-h ood of success on the m erits of the underlying case.

    K im H ayes, T reasu rerunder budget in most categories, with the exception ofDistrict Business. This was due to the unbudgeted Augustelection that was held to authorize the District to refinanceour loan.We also made more capital repairs last year than we had

    planned, using our reserves to cover the cost of pool painting,pump motor replacement, system controller for the wadingpool, and a partial payment on the dive platform replace-ment. These were in addition to the budgeted amount forthe ADA restroom.Our by-laws call for a financial audit every two years. This

    year we are due to audit the 2010 and 2011 records. We willbe looking for three people with bookkeeping or accountingskills to assist with our audit this summer. If you are willingto volunteer your time to help out, please contact me orSteve O'Rourke.

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    Need a tutor or babysitter? Icanhelp!! s"Grade Honor Student

    Lots of babysitting experience. Robinwood Resident for 3+yrs

    314-546-7693 mayouSS2@gmaiLcom Advertising Opportunity! This newsletter is delivered to 478 homes and you are invited to advertise your business or services in it! Rates range from $15 for a business card size ad to $120 for a whole page. Send a request for more information to:[email protected]

    Keith De Camp lives in Robinwood!Keith DeCamp is the General Manager of D&A Sales.

    D&A Sales represents the following companies:Total Home Care & Landscaping

    Brad Chappell & his crew do general repairs andmaintenance to complete room or whole houseremodeling in turn key operat ions to include design.Ditto for landscape work .

    D&A Painting is a commercial & residential paintingcompany doing interior and exterior work.

    CMI Janitorial provides all sorts of generally unpleas-ant cleaning tasks to include carpet, window andwhole house cleaning for residential and commer-cial customers.If you are in need of any or all of these services,

    please give me a call. No job is too big or too small.Phone: {314} 452-1993 Fax: {314} 439-0326Email: [email protected] - or just text me.

    mailto:[email protected]:[email protected]:[email protected]:[email protected]