Article Courtesy of The Orlando Sentinel
By Stephen Hudak
Published Match 9, 2008
THE VILLAGES - The powerful developer and corporations behind The Villages have agreed in a civil court settlement to pay $40 million over 13 years to cover improvements and repairs to recreation centers, swimming pools and other facilities that make the retirement community alluring.
The class-action lawsuit contended monthly amenity fees paid by every homeowner in the sprawling community of 70,000 residents had been misused by The Villages of Lake-Sumter Inc., the Village Center Community Development District and developer H. Gary Morse.
Under the settlement, the money will replenish depleted accounts used to finance facility improvements and pay pool monitors, after-hours golf ambassadors and Neighborhood Watch staff.
The lawsuit was prompted by residents like Elaine Dreidame, 64, who complained about mildew and mold in the ceiling tiles of the Paradise Recreation Center, where she played bridge twice a week.
Dreidame, who moved to the retirement community in 1999, figured "Florida's Friendliest Hometown" had money set aside to improve its oldest recreational facility.
Well, not enough, she found out.
The retired university administrator from Dayton, Ohio, grew more concerned as she began noting similar, subtle drop-offs in other services throughout the community that she affectionately calls "year-round adult summer camp."
The money is supposed to be used to maintain the golf courses, swimming pools and other comforts that make The Villages a desirable home for active, older adults.
Long-shot lawsuit
The lawsuit seemed unlikely to succeed, according to court records showing that a retired judge and six major law firms from Tallahassee to Miami declined to take it.
But the case concluded last week in Lake County, where Circuit Judge Lawrence Semento approved a settlement agreement that requires the developer to pay about $40 million over the next 13 years to replenish maintenance accounts.
The settlement also requires the defendants to pay $50,000 each to Dreidame and four other named plaintiffs and $6.7 million to the plaintiffs' brother-sister legal team, Dougald McMillan and Carol McMillan Anderson.
Carol Anderson said she took the case because she lives in The Villages.
Her brother, a practicing lawyer for 50 years, was best known for prosecuting organized crime figure Meyer Lansky.
Through their defense lawyers, Stephen Johnson and Archie Lowery, Morse and the other defendants denied any wrongdoing or misappropriation.
"[The developer] has looked at the settlement as an issue of what's good for the community," Johnson said Wednesday in court.
The settlement includes confidentiality and nondisparagement clauses, which prevent the parties from discussing the case or criticizing Morse or The Villages.
'David and Goliath'
Donald Maciejewski, a Jacksonville lawyer who has handled mass-plaintiff air-disaster cases, called the lawsuit a "true David and Goliath" case, citing the defendants' financial strength.
In an affidavit submitted to the judge to justify attorney fees, Maciejewski said the novelty and complexity of the case suggested that the plaintiffs' chances for success were "virtually zero."
He also pointed out that McMillan and Anderson were "a last resort."
Dreidame had said that if the siblings wouldn't take their case, "she was going to drop the issue . . . and get back to enjoying retirement," Maciejewski said.
Anderson praised Morse and his lawyers, saying the settlement proves they have the community's best interest at heart.
Tee-time limits
The settlement also includes other provisions that can be classified as uniquely The Villages, including limits on the number of tee times that can be reserved by the developer's sales staff for prospective customers.
The developer also will provide money to widen six miles of golf-cart paths to better accommodate bicyclists, joggers and roller-skaters.
The agreement also creates a resident-controlled "Amenity Authority Committee" that will have a louder voice in the use of amenity fees.
Monday, December 22, 2008
Alaska Pulls Plug On Snowzilla The Giant Snowman
P) Snowzilla is no more. Municipal officials in Anchorage have given a cease-and-desist order to builders of the giant snowman that made appearances the last three years in an east Anchorage neighborhood. The giant snowman was a favorite for photographers and camera crews from Russia and Japan filmed the temporary sculpture. Snowzilla in 2005 rose 16 feet. He had a corncob pipe and a carrot nose and two eyes made out of beer bottles.
He was built in the front yard of the Powers family home and Billy Powers said his children collected snow from neighbors homes to add to the height and breadth.
The snowman was built even higher in succeeding years, but not everybody in the neighborhood liked all the cars and visitors who came to see him.
City officials deemed Snowzilla a public nuisance and safety hazard.
A few weeks ago, code enforcers left red signs at Snowzilla's bottom body ball telling its builders to cease and desist. The city also tacked a public notice on the door of the Powers home.
City officials said the structure increased traffic to the point of endangerment and that the snowman itself was unsafe.
When the notices went up, Snowzilla still didn't have a full torso or head.
"The kids had spent hours and hours of work on it," Billy Powers said Sunday.
Now, Snowzilla is just a big pile of snow rubble. Powers said he doesn't plan to rebuild.
He was built in the front yard of the Powers family home and Billy Powers said his children collected snow from neighbors homes to add to the height and breadth.
The snowman was built even higher in succeeding years, but not everybody in the neighborhood liked all the cars and visitors who came to see him.
City officials deemed Snowzilla a public nuisance and safety hazard.
A few weeks ago, code enforcers left red signs at Snowzilla's bottom body ball telling its builders to cease and desist. The city also tacked a public notice on the door of the Powers home.
City officials said the structure increased traffic to the point of endangerment and that the snowman itself was unsafe.
When the notices went up, Snowzilla still didn't have a full torso or head.
"The kids had spent hours and hours of work on it," Billy Powers said Sunday.
Now, Snowzilla is just a big pile of snow rubble. Powers said he doesn't plan to rebuild.
Sunday, November 30, 2008
Over price Boat docks
Lake Ashton charges $75.00/mo to keep your boat tied to the dock plus another $50.00 a month to store your boat trailer plus tax. Boat docks at one time was $100.00/mo. Total cost $125.00 per month plus tax. Looking at the boat docks, I only see pontoon boats, no fishing boats. Would you pay $132.50 to store your boat in a small lake? You would have to be crazy. Same price or less at other marine boat Co's. and you get to see the chain of Lakes. Makes no sense at all. One would think the boat dock would be free to all residents of Lake Ashton. Money is the name of the game here at Lake Ashton.
Wednesday, November 26, 2008
Why Won't Polar Bears Mate? They're Both Female
AP) Puzzled Japanese zookeepers have cleared up a mystery over a lack of chemistry between a couple of polar bears as both turn out to be female, a Japanese zoo said Wednesday.
Tsuyoshi, a four-year-old "male" polar bear, and his 11-year-old female partner, Kurumi, have been living together since June at the Kushiro Municipal Zoo in Hokkaido, northern Japan.
But much to the frustration and puzzlement of zookeepers, the bear couple, on a breeding mission, showed no signs of chemistry, and Tsuyoshi has never gone into rut even during "his" mating period.
"Observing his behaviors, we got suspicious as to whether Tsuyoshi was really a male," the zoo said in a statement.
The zoo put Tsuyoshi under an anesthetic earlier in the month for a gender checkup, and learned he was a she.
"I have mixed feelings," Yoshio Yamaguchi, head of the zoo.
Tsuyoshi is very popular at the zoo, and Kyodo News agency said the zoo would not change his name to a female name. Tsuyoshi is a very common Japanese name for boys.
Experts say when polar bears are young, it is difficult to determine their gender as their long hair covers reproductive organs.
Tsuyoshi, a four-year-old "male" polar bear, and his 11-year-old female partner, Kurumi, have been living together since June at the Kushiro Municipal Zoo in Hokkaido, northern Japan.
But much to the frustration and puzzlement of zookeepers, the bear couple, on a breeding mission, showed no signs of chemistry, and Tsuyoshi has never gone into rut even during "his" mating period.
"Observing his behaviors, we got suspicious as to whether Tsuyoshi was really a male," the zoo said in a statement.
The zoo put Tsuyoshi under an anesthetic earlier in the month for a gender checkup, and learned he was a she.
"I have mixed feelings," Yoshio Yamaguchi, head of the zoo.
Tsuyoshi is very popular at the zoo, and Kyodo News agency said the zoo would not change his name to a female name. Tsuyoshi is a very common Japanese name for boys.
Experts say when polar bears are young, it is difficult to determine their gender as their long hair covers reproductive organs.
Iowa Fans Cited For Restroom Sex During Gophs Game
(AP) While the Hawkeyes were stomping the Gophers on the Metrodome field last weekend, police said two Iowa fans were having a romp of a different kind in a restroom. Both events, police say, had their share of cheering fans.
A 38-year-old woman and a 26-year-old man turned to a handicapped stall for their tryst Saturday evening.
On the field, the Hawkeyes were on their way to 55-0 trouncing of the Gophers. In the restroom, a crowd of intoxicated fans gathered to cheer the off-the-field event.
Eventually, a security guard tipped off University of Minnesota police. Officers had to interrupt the couple to cite them for indecent conduct, a misdemeanor.
Police Chief Greg Hestness said the woman initially gave a false name to officers. She was released to her husband and the man was released to his girlfriend.
A 38-year-old woman and a 26-year-old man turned to a handicapped stall for their tryst Saturday evening.
On the field, the Hawkeyes were on their way to 55-0 trouncing of the Gophers. In the restroom, a crowd of intoxicated fans gathered to cheer the off-the-field event.
Eventually, a security guard tipped off University of Minnesota police. Officers had to interrupt the couple to cite them for indecent conduct, a misdemeanor.
Police Chief Greg Hestness said the woman initially gave a false name to officers. She was released to her husband and the man was released to his girlfriend.
Ark. Man Arrested After Scratching Out Sentence
(AP) A man reportedly caught trying to scratch out a judicial decision sending him to jail faces a new charge. Police said the 25-year-old man received a four-day jail sentence along with a $650 fine Monday from St. Francis County District Judge Steve Routon for driving on a suspended license and hazardous driving.
Officers said Routon told the man to turn in a notice listing his sentence to the clerk's office.
A clerk told police she saw the man scratch something off the notice. When an officer looked at the notice, they saw the four-day sentence had been scratched through.
Police say the man is now charged with tampering with a public record.
Officers said Routon told the man to turn in a notice listing his sentence to the clerk's office.
A clerk told police she saw the man scratch something off the notice. When an officer looked at the notice, they saw the four-day sentence had been scratched through.
Police say the man is now charged with tampering with a public record.
Judge: Fla. Ban on Gay Adoptions Not Legal
A judge on Tuesday ruled that a strict Florida law that blocks gay people from adopting children is unconstitutional, declaring there was no legal or scientific reason for sexual orientation alone to prohibit anyone from adopting.
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