Board members read this...

The Board Members read this Newsletter. Let them know how you feel about the things they are doing by checking the appropriate response: Do You Approve? Yes!! ( ) Undecided ( ) No!! ( )

7/31/2013

Hot Springs Water Supply

Hot Springs concerned citizens will be meeting at the Lakeside Church tomorrow evening, Thursday, August 1 ~ 6:pm.  The issue will be "Water Quality".
Jerry McAnear, SR.
mcan01@aol.com

Estate Sale ~ Update of event



Hi Diane
I want to personally thank you again.  We had a FANTASTIC turn out and sold almost everything.  Now I just have to set up dates to meet the people at the house to pick up furniture, etc.  We were so shocked at the turn out and with the info you gave me about people viewing your post. We feel you really helped us a lot and I thank you from the bottom of my heart.  ( you can take it off now if you haven't already)...lol
 

Pat
256 Post Views
248 Picture Views
________________________________

DON'T FORGET THE BIG ESTATE SALES IN DIAMONDHEAD THIS WEEK END.  ALL KINDS OF NICE THINGS FROM TOOLS, FURNITURE, KITCHEN THINGS, SHEETS, TOWELS, RUGS, FLOWERS, PICTURES, OFFICE SUPPLIES, CHRISTMAS ITEMS.  YOU NAME IT AND WE HAVE IT SO COME ON OUT & LET'S HAVE FUN SHOPPING.

PAT BOWYER FREEMAN PERSONAL ESTATE SALE
102 DIAMONDHEAD DR.
PHONE: 282-4818
 RON & JOANNE KUNATH
120 DIAMONDHEAD DR.

AUGUST 3RD FROM 8-4

DRC - Town Meeting of July 18, 2013


President Suzzi Combs / DRC's version of July 18th Town Meeting.

7/28/2013

Negligent Retention of an Employee ~ by Lance LaFevers

Please click "Read More" to view this article.

7/26/2013

Diamondhead Long-Range Planning Committee Survey

Dear Diamondhead Property Owner:

The Long-Range Planning Committee is updating the long-range plan for Diamondhead.  As part of that effort, we have created a survey in an attempt to get feedback from property owners regarding their priorities and desires for Diamondhead's continued growth.

Enclosed you will find your copy of the survey.  We would greatly appreciate it if you would take a few minutes to complete the survey and return it to us.  The results of the survey will assist us in providing a view of what changes and improvements might be undertaken in the next few years to make Diamondhead an even better place to live and enjoy.  Also included is an Emergency Response Questionnaire, which will provide the POA and/or police department needed information in case of an emergency in the community, such as occurred last December with the snow/ice storm.

Board Meeting ~ July 25, 2013

Board Members Present:
President Suzzi Combs                     Jack Watson
Vice President Rick Noffsinger        Diane Jones       
Secretary Faye Taylor                       Joe Claflin
Treasurer Tom Moore
General Manager Buddy Hudson

Board Member Absent:
John Porter

Meeting began with the approval of the June Board minutes.

7/23/2013

Do you have a video of confrontation?

The police department is asking for information relating to the physical confrontation that took place during last Thursday's Town Meeting.  If you have a video or visual memory of this incident, please contact Chief Joel Tyner 

Accuracy of Financial Statements

DPOA Treasurer Tom Moore has requested that the following statement be posted regarding the accuracy of the current Financial statements.  Please click on the this link to view:  Financial Statements.

7/22/2013

Ark. POA Law & Statutes

Arkansas POA Law & statutes

Click on the link below:  Note area of interest: 18-13-110. Book of receipts and expenditures – Examinations.



7/21/2013

Grief Recovery Method ~ by Kerry Bratton


Grief Recovery Method ~ Kerry Bratton


This information has been added to "Services Provided" page

Manager of DPOA Golf Shop ~ Rebuttal

To Diane Porterfield

The few times you and I have had any conversations in the past, I have ALWAYS treated you with respect.  I would have appreciated it very much if you would have shown the same respect to me.

If you would have taken the time to contact me about the sale of the golf shop merchandise to the DPOA you would have for once been able to report with accurate information which seems to be something foreign to you blog.

The facts are: 

1) a contracted agreement was made between DPOA and myself.

2) The merchandise was sold to the DPOA at COST.

3) In view of my awareness of the financial situation of Diamondhead, I agreed to let DPOA pay me over the
course of 1 (one) year and INTEREST FREE. 

"HOW'S THAT FOR FAIR"

This comes from someone who worked here for 8+ years and had only lived here one month.  I did it because I care for this community!!!!!

Please join us in reporting fact and not fiction about our community.

I would like for this to be posted on the D.H. Community news.

Dennis Calderone
Manager of the DPOA Golf Shop 

7/19/2013

Golf Fees ~ by Sean Mandeville

I have told myself probably 50 times not to bother posting about a certain part of the board's article in the focus because the board just doesn't seem to care about the facts on this issue. Then I thought at least give it one more shot and maybe the people of this community will care and bring it up to the board and hopefully get it corrected somehow. It doesn't matter what side of issues you are on, this has to make sense to you and make you wonder how did this happen. 

Estate Sale ~ 8-3-13



Just wanted you to know that I am having an Estate Sale August 3rd BUT if you would like to come by earlier to look things over & shop early let me know by calling my cell at 282-4818 and I will meet you at the house. The address is 102 Diamondhead Dr.  I have really marked things CHEAP, I have 2 TV'S, lots of kitchen items, beautiful wall pictures, lots of greenry, electrical Items, office accessories, phones, card table with 4 chairs, picture frames, bakeware, glassware, set of dishes with cannisters, etc. that match, lots of storage containers,  also have some Christmas things even though you don't want to think about that just yet. You just have to see it to believe the bargains you will be getting.
 
Pat Bowyer Freeman

GM Buddy Hudson: "I'll tear their ass up..."

Special Town Meeting ~ 7-18-13

Board Members Present:
President Suzzi Combs          John Porter
Secretary Faye Taylor            Joe Claflin
Treasurer Tom Moore            Diane Jones

Board Members Absent:
Vice President Rick Noffsinger
Jack Watson

General Manager Buddy Hudson

President Suzzi Combs brought the meeting to order by thanking the many individuals for attending, noting that some may not be property owners.  "Only Diamondhead property owners may speak during this meeting."  The room was full and over flowing into the hallway.

Last Night's Town Meeting by Candidate for the Board, Jerry McAnear Sr.

After last evening’s Town meeting, I have determined the following:

  1. If you don’t have anything to say in support of the board and /or the GM, or if you want the truth, you won’t get permission to speak.
  2. This is the most important à After witnessing the physical confrontation by the GM, I have determined we certainly have the potential for another “Officer Fred” episode.  The only difference is type of lethal weapon used. This is of grave concern to me as my family was singled out for attack by the GM at last night’s Town meeting. 
        I do not fear for my safety but this person has a history of assaulting those less     capable of defending themselves.  Case in point
    à the pursuit of two women, one terminally ill.  The DPOA President issued an apology for this action during the June 27th Board Meeting.   GM Buddy Hudson was not required to apologize for his action.  It appears this is his method of operation, attacking those less capable of defending themselves.
  3. I am sure even board supporters will agree, we have a major problem in Diamondhead.
J.L. McAnear, SR

Special Town Meeting Synopsis ~ by Kerry Bratton

I attended the town meeting tonight, my first in 18 years of living here. Now I know why I have avoided any contact or communication with that stuff!

There were lots of great, encouraging comments by folks who took the mic and shared their thoughts. Many of those people said it was also their first meeting to attend. Now the word "negativity" was used oh, around 10,000 times during the meeting so I will keep that going for a minute and tell you what I (remember, a first timer at a meeting) got from this event.

Special Town meeting ~ 7-18-13

GM COMMITS ASSUALT AND BATTERY
 
The town meeting becomes assault and battery!  My husband Joe Gage, a 64 year old man,  (a dues paying resident,) wanted a chance to speak.  The GM immediately moved across the room to him to take the microphone away  and not only threatened but actually made contact using both of his hands on his chest and on the  "pacemaker" of my husband. So after three heart surgeries, eight stints, a pacemaker, and a heart attack we actually have a 7th degree black belt making contact on this property owner??
 
 This Hero to our Board, Wallace Andrew Hudson advertises he is a 7th degree black belt! I would say this is assault with a deadly weapon, Buddy!  Thank you for all of the video's that were taken last night. His doctor's appointment is at 10:30 am this morning requiring a pacemaker check.
 
Thank you to the DH Board for conducting a meeting that you ALLOWED an employee to accost a resident and then several more residents verbally.   
You set this meeting up for that sole purpose, then you defend the GM (all you want) but DH did not learn from the Emsinger/Chambliss case, no that idiot Emsinger was protected/defended by the board and will most likely cost us $3 million dollars plus!!! So you protect your wonderful employee/GM!!
 
By the way those police officers work for the residents of DH, it is our dues that pay their wages and are not intended to be personal body guards to the GM & board. Per my attorney he stated this is private property and a private community and the police have no right interfering unless the law was broken. Buddy Hudson broke the law last night and it is  my husband that was ASSUALTED by OUR GM .  It was our  police that physically drug my husband  OUT of the room by force.  The residents should take note that police protection in DH is costing over $150,000 per year but it is evident from last night it is not for us.
Buddy made it very clear last night, and I quote, "HE CAME TO THE MEETING READY TO WHOOP ASS" its on tape.
 
YES Buddy you stepped over the line last night!
 
 
 
 
Mary L Gage
AR LIC# 338204
2667 Pine Bluff St. ***** Note New Address
Malvern, AR 72104
Office 501-337-9888
Fax: 501-332-5862

7/17/2013

Special Town Meeting ~ Thursday, July 18, 2013

This sign was posted on Independence Dr. by DPOA management

Please join us for this special meeting.  
Some of the issues that may be discussed:
  • Petition to Recall the DH Board of Directors
  • Lack of accurate Financial Information 
  • POA office computer status
  • Summer Pool activities & finances
  • Current Election of Board members 
The Town Meeting is your opportunity to speak out.
 Ask questions that are important to you.
No Official Board action occurs at Town meetings.


7/14/2013

Robert's Rules of Order

Robert's Rules of Order ~ Chapter 11: Officers ~ page 152

Legal and Ethical Considerations

Although the president is given the power to sign legal documents and represent the society, he or she should never bind the society to contracts that the members have not agreed to by a vote; nor should the president speak to an issue in public without the permission of the society.  By taking such actions without the society's permission, the president invites the members to begin proceedings for removal from office.
_________________________________________________________

Let it be known that Mary Gage, Alan Thornton, & Diane Porterfield will NOT be considered for the members of the Interim Board.  When the petition to remove the entire Board of Directors and the current General Manager takes place,  the 90 day Interim Board will be made up of professional individuals with Diamondhead's best interests at heart.  They will hire a new general manager and put into motion the election of the new DPOA Board of Directors.

Mary Gage, Alan Thornton, Diane Porterfield

Candidate for the Board ~ Jerry McAnear

Interesting week(and month), an indication that board elections are upon us.
Thank God for the opposition, it opens numerous sides of the issues that plague the community, finances, open/public meetings and voting, transparency, authoritarianism, among other issues and exposes existing deficiencies.
It has been my observation since moving here, some years    ago  that all it takes for a person to embrace a totalitarianistic point of view is to be elected to the board of directors and given a bit of authority. It then becomes an obsession to take over and rule, through tyranny, by repression of information and rule by force and threat.
The status quo is not the answer to the problems we are currently experiencing in this community. The primary solution to the difficulties currently being discussed is to elect board members who will answer to the public and not be influenced by personal, ego-driven agendas. Has anyone thought of the reason for controlling POA dues? One possibility is it causes more homes to be on the market thereby creating more opportunities for real estate sales. We have board members with a very definite conflict of interest in this area and other board members who know of this but refuse to acknowledge and act on this knowledge. How can a board manage the affairs of a  community of 1500 when they can not or will not govern themselves?   We are into an election season for the election of qualified people to serve the community as members of the board of directors. This should be an election of qualified individuals who are capable of guiding the community into the future, while handling affairs in a better than adequate business approach.  It should not be a popularity contest, which historically has been the case in Diamondhead for some time.
As I review actions of this and previous boards, I am reminded of the wise old saying,  
Power corrupts and absolute power corrupts absolutely.
We undeniably need a change.
J.L.McAnear, SR

Board member's comment

This email message was sent to a DH member from Board Member & Candidate for the Board: Diane Jones

From: diane Jones
To: sharon mcdonald
Sent: Saturday, July 6, 2013 11:04 PM
Subject: What next?

Sharon, what comes next?  You've got a petition going demanding the boards resignation, etc.,  lots of posturing and Buddy's house is vandalized.....does your little gang plan on burning us out if you can't get rid us legally according the by-laws????  Isn't it about time for us all to stop playing games!  Diane Jones
______________

Diane Jones requested Sharon's response be posted:  
IF Buddy's house was really vandalized, which doubt, but I wouldn't put it past him to lie or do it himself like he lied to Diane Porterfield, none of us know anything about it and will only get rid of you legally.  Why do you think we already consulted an attorney?  
My kids are here from Colorado , so I don't have time for you anyway right now. 

Sharon would like to add the fact that this entire message was passed on to Attorney Chris Walthal due to Diane Jones currently serving as a DPOA Board Director and Candidate for the Board.
_______________
7-15-13
"Diane, I asked you to post Sharon's response not editorize.   As "champion for the truth" do you have the courage to do that!"   Diane Jones

Response to Excerpt from the FOCUS ~ Mary Gage

Sean you are exactly correct in all of your statements. It is people like you that we need on the board. We need to see open, honest people that understand what a community is all about, THE PEOPLE. I would like to state a few facts from events of just the past few days. This is how the board has used our resources, hence the reason they will eventually need a dues increase.

Response to Focus article by Sean Mandaville

Reading the focus letter from the board I feel I must respond. Although I am not directly involved with the petition at this time, I do support it and have signed it. To answer your question, “My question to you is, how did a half dozen people with such hatred in their hearts for Diamondhead ever choose to live here?” I have not met anyone working on the petition or anyone who has signed  the petition that has hatred for Diamondhead. In fact these people love Diamondhead and desire to see it succeed. The people you are talking about care about Diamondhead and the property values for every property owner. Now you may have been able to say that these people are aggravated to a point that it came to a petition to remove the board and why is that. Well, I have that answer for you. Diamondhead is a great community and when you buy a home or lot in this community you are told how great it is and how well it is run. Then you go to a town hall meeting and you find out that the board hides the problems of this community because it would negatively affect people buying said property or lot in this community. Then you realize that the board has no desire to listen to the community who elected them to their position to represent our desires. Even worse you watch as the board stays on the same course that has proven over and over again to fail at fixing the problems Diamondhead has. So should property owners be aggravated about this – OF COURSE THEY SHOULD! They have made a huge investment only to find out they have been duped about the condition of the community and the true lack of effort to fix it.

Board members you got to ask this question and I have provided you a response. I would like you to answer the following questions for all property owners.

7/12/2013

Preparing for a mail-out

GM Buddy Hudson and several Board members are stuffing envelopes for their next mail-out.  Who is paying for the postage?  The Concerned Property Owners of Diamondhead paid $347.00 for stamps out of their own pockets for the membership to hear there side of the "Recall Issue".

Response to Board statement in FOCUS

To everyone in Diamondhead:

First of all if you have not read the latest Diamondhead Focus and have not seen the articles about the board and the article “What the Heck is Going On ?!?!” we wish you would read it.  It will help you to understand our following response.  

In response let me, Alan Thornton, and Mary Gage, address the issues in both articles. First of all I am not sure that we would describe ourselves as “highjackers“.  We would agree that we are residents that are gravely concerned about the direction and lack of wisdom that is holding Diamondhead hostage. But there are not just a few of us. There are many unhappy residents and the articles make this evident. No one in Diamondhead has ever told any property owner that they had to be an elected official or a long-term resident to have a vote or to voice an opinion as the article indicates.  No matter whether you have lived here one day or 100 years, if you are a current dues paying member, you have the same rights equally.  We are not “these people” we are residents and concerned citizens of Diamondhead and our future. An ethical and fair minded board with maturity would understand this.

In response to the next statement that “we finally have a General Manager with the strength and business acumen to run the daily business of Diamondhead and allow the board to make policy decisions” we must bring to light a few facts.  While bankruptcy is not a disqualification from employment, it is a strong indicator of financial irresponsibility. Public records show our current GM   filed chapter 7 in 2004 and filed chapter 13 in 2010.  As far as mentioning the issue of bankruptcy, this can all be attributed to the board’s actions and the GM’s invitation to research his background.      

 Suzzi, you are our board President.  Please do not refer to us as despicable people who only want to humiliate a person because of their misfortune.  Our biggest concern is the poor decisions of this board  and the impact it will have on all of the hard working residents of Diamondhead and protecting their investments.  The articles in the Focus, written on behalf of the board, attacks concerned residents, and that is despicable.  It is also deplorable when a GM (who is a Taekwondo black belt) tells a resident that he will deal with them one-on-one. How about chasing a resident to their home?  How about accusatory and unprofessional e-mails from curent board members to residents?  Does that sound like professional management? Is this a POA board that is steering the ship or one that is being led down a financially disastrous path?  Let us focus on the reason that brought us together.  We love our community and we hate to see deceitful bullies and incompetent people ruin our neighborhood.  The article is correct about one thing.  It is time for the madness to stop!  That is what we have been trying to do!!!  

Our areas of concern in your articles:
DUES INCOME:  It is written that if everyone paid, it is less than $800,000 per year.  Per the calculations as of June 27, 2013 - 1,107 lots were billed, 483 are current $263,235; homes 629 were billed 575 have paid for a total of $485,875 so as of June 27, 2013, we have already received $749,110.  However, if everyone paid the dues would be more like $1,134,820 not less than $800,000.  

FINANCES:  There has not been a financial statement provided to the residents per the by-laws in over a year.  The accounting firm you hired (another bad decision) failed to fulfill their obligation but our curiosity would be why? Were the books in that bad of shape?  Are they now suing us for $23,000?  Is it true there is not an employee experienced in Quick Books or accounting functions?    

First of all the computer system was locked up by our last GM in 2012.  The new computers were paid for in advance (to our GM’s friend) without board approval, more than $10,000.  The computer consultant -Jim Dalton- held us hostage for additional money (some $6,000). However, he agreed to accept $2,000.  He was not licensed to sell the software to operate these computers.  A current board member stated that the situation now is nothing but a mess.  Now the residents will have to pay for another bad decision by the board coupled with the fact that we now have to pay to clean up the mess. 

BY-LAWS COMMITTEE:  At the request of the community?????  Exactly where did a request for a new by-laws committee come from?  Where was it posted and how did this selection follow Roberts Rules of Order?   How did you notify the community so more could be involved in this decision?   Why did the five person committee consist of board members and/or spouses?  Would you consider this (per Roberts Rules of Order) a fair sampling of our community?  

TRUTH OR CONSEQUENCES:  The article stated the GM was hired and is now part time to save costs?  Is that the truth?  When in fact the GM was hired full time and he requested to go part time due to other obligations in his own business.  So, if not for this, he would be full time.  At the same token he saves money by using our POA office for his personal business.  

DUES:  An increase in dues is coming!   The article stated their plans are to raise your dues which is repeated at every town hall meeting.  Increased POA dues will do nothing but hurt this community and our property values.  

We speak for the silent majority who feel that we need transparency (which we have not had) and clarification on where our money is spent.  Closed door meetings do nothing but breed dictatorial actions and view points.  It draws a line in the sand between you and me.  Diamondhead is our neighborhood.  Our committees are in place to convey to the board what we as residents desire.  We the residents are the main governing body.  The board is in place at our will to improve Diamondhead, not to dictate but to listen.   

We are not children who can be intimidated and bullied or sit by silently while you destroy our community.  This is our home and we will defend it and make it better!  

We can not thank the people of Diamondhead enough for the unbelievable outpouring of support and donations!  We thank each and every one of you for the signed petitions and proxies.  It is because of your support that we can look forward to a better community.  Please continue to support your community and let’s not allow apathy to destroy us.  Please stay involved and voice your opinion.  Mail in your petitions and proxies and let’s all rebuild our community!!!


Your concerned neighbors,  
Alan Thornton and Mary Gage

7/11/2013

Excerpt from the FOCUS

The following article was copied directly from the FOCUS as printed and passed out to the membership.

What the heck is going on ?!?!?

Have you checked you mail lately and wondered What the heck is going on?  We so have we.  It seems our community of 1100 owners is being hijacked by a few disgruntled residents.  These people have either never been elected, been removed from the board for cause, resigned when things didn't go their way, or have not lived here long enough to be a candidate.

We finally have a General Manager with strength and business acumen to run the daily business of Diamondhead and allow the Board to make policy decisions as it should.  It is the responsibility of the Board to set the budget for the entire facility and the General Manager and his department managers to adhere to the overall spending for the year.  Our volunteers have long been the backbone of our community, but committees function as recommending bodies, not as the governing body.  You elected board members to oversee all of Diamondhead, not just individual sections.  Many times the committees don't have the whole pictures, the Board and the GM do.

The dues income, if everyone paid, is less than $800,000/year.  And yet we are still able to hire quality employees that are dedicated to their jobs and the wellbeing of the community.
My question to you is, how did a half dozen people with such hatred in their hearts for Diamondhead ever choose to live here?

It is time to stop the madness.  Exercise your voting rights.  Allow the Board to do its job and keep Diamondhead a place we all want to come home to.

7/09/2013

President's response to GM Bankruptsy

The efforts of certain individuals within the community to humiliate and degrade others represent despicable behavior.  Statistics document that employers highly rely on the applicant’s qualifications, personality and fit with the organization and very little on an applicant’s credit reports. 
Bankruptcies are a matter of public record and may appear on an individual's credit report. The Federal Bankruptcy Act prohibits employers from discriminating against applicants because they have filed for bankruptcy.  A Chapter 13 Bankruptcy,(Buddy’s case), is an effort to recognize financial difficulties, and make legal arrangements to pay off the debtors.  This is an indication of an individual’s integrity and responsibility to their obligations.
Under the Fair Credit Reporting Act (FCRA), businesses must obtain an employee's written consent before seeking an employee's credit report. If you decide not to hire or promote someone based on information in the credit report, you must provide a copy of the report and let the applicant know of his or her right to challenge the report under the FCRA.  This is the law and the Board of Directors followed these rules when interviewing all applicants for the General Managers position.
Suzzi Combs
President, DPOA

Suzzi, thanks for this information.  The question is: Was the DPOA Board of Directors informed of the credit report before making their decision to hire Mr. Hudson?  And, if not, why not?

Board notification

The Board of Directors has been informed of the current or "open" Bankruptcy that was filed in April of 2010 on behalf of the DPOA General Manager.
When Buddy Hudson was hired, in October, 2012, it was my understanding that a credit check was done at that time.  Vice President Rick Noffsinger stated that 'only the President of the Board has the right to view the results of the credit check'.  President Joe Claflin informed us that the credit check was 'fine'.
Diane Porterfield

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