Fallen Leaf Lake without a concessionaire
By Kathryn Reed
After what seemed to be an endless quest to figure out what to do about a concessionaire for the marina and store at Fallen Leaf Lake, the Community Services District is back at square one.
“Right now we are negotiating the separation agreement,” Sandy Wirth told Lake Tahoe News. She and her husband, Rob, took over the operation last May. “It just didn’t work out. It was more than we bargained for.”
Fallen Leaf Lake needs someone to run the marina. Photo/Kathryn Reed
Tom Bacchetti, president of the Fallen Leaf Lake CSD board, said he hoped to have everything with the Wirths resolved by the Feb. 12 meeting in South Lake Tahoe.
“They did have a multi-year contract that allows them to withdraw after year one,” Bacchetti explained.
The district has sent out a request for interest. The RFI states the district is looking for people who have run a similar operation. Gary Gerren, who was brought on last year as chief of the volunteer fire department, is the point person for collecting proposals. He was made interim general manager when former interim General Manager Tom Barnes was let go.
Barnes is pursuing a wrongful termination lawsuit against the Fallen Leaf Lake CSD.
Gerren is not making any more money with the extra responsibilities.
The HOA at Fallen Leaf is so dysfunctional that it makes SLT look not so bad!
How they could have become so absolutely stupid is beyond me. They had a wonderful little store and operation and wrecked it. People with too much money and time. This situation is textbook for “can’t fix stupid”. They should be begging John Rich to come back.
Truth of it is, this is a massive quagmire. The list of crazy and illegal activities going on with the cabin owners and the CSD are beyond comprehension.
We have a vocal and spiteful elite minority population who resorts to juvenile bullyism and socio political coercion. These people act in concert to effect an outcome of complete control and ‘ownership’ of the South end of the lake, notably a ‘public’ place. They have an ideology of privilege, ownership and control. During the 2010 season they participated in numerous dirty tricks to make Rob and Sandy’s business flounder and fail.
First they whipped up controversy about the liquor law at the store. Their actions denied the ability to sell beer and wine, creating a sizable shortfall in revenue.
Then they sponsored a recall election of two competent and ethical board members, so to sweep in their own ‘minions’ who will return control of the area to a handful of families. During the election residency laws were broken because most cabin owners are NOT legally allowed to vote. The entire sitting board is legally not allowed to vote and therefore NOT allowed to participate as leaders.
Many of the ‘recallers’ registered to vote illegally as they padded the numbers of their family cabins. Many owners who were to vote against the recall did not for fear of voter fraud. Worse yet, the County ignored many citizens calls and emails prior to election about this very issue and certified the election anyway!
Now this ‘rogue’ board has wrongfully terminated Manager Tom Barnes while he deals with a life threatening health issue and by doing so have created a treasury draining liability problem where one didn’t exist. They have acted in secrecy and failed to inform the Fallen Leaf community as to their actions on numerous occasions – a violation of the Brown Act (the bill in place to control bureaucratic abuse of power).
Acting as puppets for their power elite, they seek to remove the current concessionaire and re-install the former in a power move at odds with the consent of the majority.
It all sounds like a chapter out of a Tom Clancy novel, or a newspaper report about dysfunction in our federal government, but no, it is happening at FLL! It’s just crazy!
It has been happening for a number of years and perhaps will come to an end when good moral people say enough and contact the El Dorado Grand Jury about the election fraud and rogue board. (The El Dorado Civil Grand Jury is an investigatory body created for the protection of society and the enforcement of the law) Just Google “El Dorado Grand Jury” and fill out a complaint form. Like John Stewart said, it’s time to bring sanity back…
Last years search for a concessionaire was ugley at best.
In Febuary 2010 a concessionaire was contracted and within 3 weeks of signing the contract backed out because of “HARRASMENT” from the crowd of people that supported the Rich’s. At the last minute the Wirth’s submitted a bid which included an open book agreement and more money then offered by the Rich’s. The CSD has never had an open book agreement with a concessionaire, the board at that time felt it was necessary in order to determine the earning capability of their assett (the community area).
Rob & Sandy along with many many community supporters worked long days and hours to prepare the community area for the 2010 season opening. The store was left extrememly dirty, the grounds required days of cleaning, many things had been left unfixed by the Rich’s and required immediate attention. The Wirth’s and community supporters pulled together and opened on Memorial Day weekend. Many people from the community felt the store & marina looked better then ever and offered better services, food, and pricing then had been offered for years.
The some of people that had insisted the Rich’s be placed back in the concessionaire position were upset. Many people rather then supporting the new concessionaire boycotted the operation.
The Wirth’s had met with the California ABC to get a new liquor license to sell and serve beer and wine and found out that the Rich’s did not retain the proper license to serve beer and wine during their time at the Fallen Leaf Lake Store & Marina. When asked about it at the july 4th meeting, the Rich’s stated that they knew they did not have the correct license but continued to sell beer and wine for consumption in a descreet manner (they knew they were breaking the law). Community members that were pro-Rich blocked the ability for the Wirth’s to get the correct license by submitting complaints and attacking the ABC with numerous calls and letters. The Wirth’s were unable to get the Liquor Licens for the 2010 season and this cost them quite a bit of lost revenue and profit. After a lengthy survey by the Fallen Leaf Lake Comunity Area Advisory Committee is was determined that a very large majority of the community wanted beer and wine to be sold for on site consumption.
The pro-Rich crowd submitted a request to recall to El Dorado County election for board members Mike Kraft (President at the time) and Eric Thaden. Soon after the election was set, the registered voters at Fallen Leaf Lake grew from about 130 to over 400 voters. The El Dorado County elections department was concerned about the large increase of voter registration and forwarded the matter to the Secretary of State (SOS) Voter Fraud Division manager Mark Loren. In an effort to find out what was required legally participate in the voting process at Fallen Laef Lake, the board President at the time called the SOS office and questioned Mark Loren. Mark explained what election codes had to be met to legally participate in voting at Fallen Leaf Lake. The board president sent a letter to the entire community informing them of the requirements to legally particiapte in voting at Fallen Leaf Lake. Shorthly after that letter the President resigned stating he could not meet the requirements of the election code therefore could not serve on the board. Based on the election codes there are 5-10 people that can legally meet the requirements stated in the California Election code and participate in voting at Fallen Leaf Lake. During the recall election it became obvious that many people did not vote because they did not want to break the law as written. The large majority of people that did vote knowing they were breaking the law, voted to have Mike Kraft & Eric Thaden replaced. Mike Kraft & Eric Thaden had been recalled. This group of people have historically eliminated people that did not support the Rich’s. Nine(9) People have left their positions within the Fallen Leaf Community Services District in the wake of this turmoil claiming such things as “Harrasment”, these people include Lee Vestal (General Manager), Rick Ferkins (concessionaire), Dana Clark (CSD President), Mike Kraft (CSD President), Eric Thaden (CSD Director), Terri Thomas (CSD Director), Tom Barnes (General Manager), and now Rob & Sandy Wirth.
Shortly after the election at the Labor Day CSD meeting, the new board voted unanimously to terminate the Interim General Manager Tom Barnes when he requested an unpaid leave of absence to attend cancer treatment. The new President Jennifer Thorton had been known to threaten Tom Barnes with his job during the summer, Tom’s termination appeared to be a personal vendeda. The old board had never written Tom Barnes up for any problems during his employment and was concidered to be a good employee by the old board. The new board (Jennifer Thorton, Tom Bachetti, Tom Barber, Wanda Wonaki, and Stumbos) are now face a wrongful termination law suit from Tom Barnes and possible the State of California. Known if this has ever been disclosed to the community and public by the CSD board.
Recently a comunity member objected to the January 8th meeting because the agenda was changed less then 24 hours before the meeting. The community member cleary stated that this was a violation to the Brown Act and that the meeting would have to be held as noted on the original agenda or rescheduled. The board refused and knowingly violated the Brown Act by having the meeting. The board President (Tom Bachetti)stated they would put the new agenda items that were discussed during the January 8th meeting on the agenda for the Febuary 12th meeting agenda.
There appears to be a clear pattern of people ignoring the law in pursuit of what they want. Community memebrs have asked time and time again the status of the contract with the Wirth’s and have never received an answer. Many people in the community will find out about the Wirth’s decesion to leave from this article. It appears to many that the current board is purposely hiding this and other information from the public and the community. The CSD has posted an Request for Interest for the operation of the store and marina on Craigslist in Los Angeles. The quote below is included in this ad:
“The community has a desire to maintain a small local operation with limited influx of the public outside of Fallen Leaf Lake. This means no advertising and no significant changes in the service level offered. While this provides an environment desired by the community, it may also pose unique business challenges for the operator.”
The community is now under control by people that do not feel the law applies to them. Some community members have demostrated this in many ways during the last 1 1/2 years with a display of unethical behavior and communications.
It has been requested by many community members that the El Dorado County District Attorney – Vern Pierson and Secretary of State Voter Fraud manager – Mark Loren make a ruling concerning who can and who con not vote at Fallen Leaf Lake. No reply has been received from El Dorado County or the Secretary of States offices to date. Until this happens the lake will be controlled by a few people that feel they are above the law. At this point there is question as to whether the cuurent board is holding their positions legally. In the CSD By-Laws is clearly states that a board director must be registered to vote within the Fallen Leaf District to hold a board position. In September 2010 the new board was questioned as to the legality of them holding director positions, they replied that they would address this question at a later date. To date they have still not addressed the question even after being asked several additional times.
Fallen Laef Lake is truly a community in crisis. My family has been at Fallen Leaf Lake for over 85 years. Although there are many wonderful families at Fallen Leaf Lake, recently we have experienced some of our community members displaying arogance, unethical behavior, and an attitude of entitlement. This behavior has been embaracing to our community as a whole. Fallen Leaf Lake is for the people, the people that own cabins there should feel very lucky, not entitled.
Help !!!
Well said “86 years.” A fairly concise and factual review of what has been going on there in my opinion and I have 50+ years of experience as a 3rd generation FLLer.
It’s scary what these people, this dark side of the force, have done to a place so beautiful. It’s truly an unfortunate lesson in what unchecked greed and selfishness is capable of. They have lowered the bar of civility with atrocious mean-spirited behavior and a mob mentality.
It’s time to act, to put them in a place where they cannot ruin this natural treasure anymore. I implore everyone to “File An Action Request” and TURN UP THE HEAT! to investigate this CSD and the recent election fraud at Fallen Leaf. You can do so at the County Grand Jury website:
http://www.co.el-dorado.ca.us/grandjury/
– – –
“I believe there are more instances of the abridgement of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.”
James Madison (1751 – 1836)
86 years-
Do not use an apostrophe just because you’re using a plural proper noun, as it is extremely annoying.
Very well said “86 years.”
However, you forgot one very important point. You mentioned nine people that have resigned or been terminated, but you failed to mention the resignation that I believe to be the most important…that of Patsy Miller the SecretaryTreasurer. Patsy served a variety of Fallen Leaf CSD Boards for the last 13 years, Boards that supported the Riches and Boards that did not. She did it with grace and with integrity. She not only paid the bills, created the budgets and financial statements, took the minutes, oversaw the agenda, but she was the institutional memory for the CSD, and she did it all for a pittance. Over the years she attended a variety of workshops on CSD operations and the Brown Act; she knew and was known and respected by the El Dorado County employees. Through all of the ups and downs, she kept the CSD on track. In many ways, before the CSD had a General Manager, she served many of the roles of a General Manager. She could not work with this Board and resigned in September. That is one of many reasons that this Board is floundering.
This past spring and summer, except for the continued harassment by the Rich-supporters, the CSD, the fire department, and the community area, worked well. Sandy and Rob Wirth, with a large team of community volunteers, cleaned up the mess left by the Riches and put in place an operation that was neat, clean, and welcoming to residents and visitors alike. Tom Barnes, who lived on the Lake year-round, and was thereby always available to address issues as they arose, served as General Manager and oversaw the repair of CSD facilities that had been allowed to deteriorate under the management of the Riches. A new Fire Chief was hired after a lengthy search by a team that included volunteer firefighters and Board members alike, an open process. And in her quiet and efficient way Patsy kept the group on track.
Step forward to the present. Patsy is gone; a new Board is in place that does not have the support of many in the community because of the election fiasco. Sandy and Rob have been unable to negotiate with the new Board, and have expressed a desire to terminate their contract. Tom has been fired (illegally according to many) and replaced by the Fire Chief who lives in Long Beach during the winter and is not able to address facility issues as they arise and who in the summer needs to be able to focus on the fire department. And the Secretary/Treasurer functions are being provided by individuals unfamiliar with Fallen Leaf, individuals who simply take minutes and pay bills. There are rampant accusations of improper procedure and Brown Act violations. The agendas do not enlighten the constituency as to the issues being faced by the CSD; the community is in the dark. The community members have not had an opportunity to speak to any of these issues. Additionally, the legal challenges to the actions of this Board threaten the financial stability of the CSD.
Fallen Leaf is in disarray. Whether this Board is legal or not, it is making decisions that will effect Fallen Leaf for years to come. It should be down on bended knee examining/understanding the financial damage done to the Wirths’ business last summer by the Rich-supporters, offering the Wirths a reasonable contract to return, and promising to support them fully going forward. It should do all that it can to assist them in getting the legal liquor license. It should be begging them to return. It should similarly beg Tom Barnes to return as General Manager. He lives on the Lake and was always there when needed. And it should beg Patsy to return, at least as Secretary. She would serve a strong role in helping to keep them out of the kinds of Brown Act problems referred to above.
In summary, this Board is facing serious matters with large financial implications, and has chosen to bring none of them to the attention of the constituents. For many, this article and the responses will be the first that they have heard about the current issues. Please pass this on to any whom you believe will be interested.
Wow CSD Board! You presumably represent the community, right, and yet you choose not to acknowledge or inform its constituents of the very serious matters outlined in the above comments? What else can you do to further enhance the interests of the very small group you serve?
Way to go!. Hopefully you have a good D&O policy in place and have at least informed your agent of these serious issues and potential claims that might result.
Good luck.
Is the “blame game” really necessary?? Between the lines in all of this communication is a shared love for one of the most beautiful places in the world. Let us all earn the right to share FLL with graciousness, civility, honesty, and integrity. No “camps”, but dedicated to returning FLL to it’s previous state of harmony.
If only 5-8 people can “legally” vote at FLL, how possibly can anything be accomplished. I am one who voted there, because I believe in the process. Look at what is happening in Egypt!!
Let’s not spend time or energy contacting lawyers and civil servants, let’s pull up our boot straps and ALL GET ALONG – Seriously!! Are we children or mature, educated adults??
PLEASE allow some one to lead us out of this quagmire….
For the LOVE of Fallen Leaf Lake……..
Nearly all of the plain facts stated above in three fact-filled comments are accurate, to my knowledge, but those statements that condemn the actions of the current board are exaggerated. The total situation was inherited by those who are now trying — without the proper legal mandate from voters — to fix the problem. Without Patsy Miller’s guidance, they are operating with insufficient experience and guidance.
The issue of voting eligibility MUST be resolved before other issues can even be properly addressed, and the board itself cannot resolve the voting issue; action by the State is required.
We should focus on that need, and ease off a bit on heaping condemnation on the people who are trying — however inexpertly — to move us forward. Granted, we should not be where we are. But wherever we want to go, we have to start from here.
My personal association with Fallen Leaf goes back more than 80 wonderful years.
RMA
Yes, there is a spiteful minority at Fallen Leaf, but the members of it are those writing the above diatribes. Residents at Fallen Leaf were justifiably incensed by actions of the old CSD board, only one of which was the unwise decision to oust experienced concessionaires who had never missed a rent payment in fourteen years and who had the overwhelming support of the community. These residents played by the rules in exercising their democratic rights to recall board members. When it became apparent that the majority of the community was voting to recall, the minority, whose members had been voting in the district for the last twenty years, decided to argue that neither they or anyone else (with the exception of five or ten winter residents) was eligible to vote, and they hired lawyers to accuse the newly elected board members of voter fraud. Talk about spiteful! And childish! Unfortunately, the consequences go a bit beyond child’s play, with both the Rich and the Wirth families substantially and harmfully impacted and the community now in a significant financial squeeze.
It is impossible to objectively tell where the truth lies. I find it interesting that the divisions that are apparent today have their genesis in the decades that got us here. So many of us seem to know exactly what happened, and none of us have been able to stop it. Unfortunately, trust has been broken. Until that is rebuilt, no progress can be made.
Wow – you all need to grow up. Brings back memories of the family feuds of old.
I do not care for the new board, but also have not cared much for past boards either.
However, I see no one, even the current board, trying to heal the situation. All sides are busy at heaping blame on everyone else.
Grow up, look in a mirror, then figure out the one thing you are going to heal this community vs tear it apart
Long time Leafer and not too proud now….
I have known Tom Barnes for 25+ years. I watched him methodically, diligently, and honestly perform his duties as CSD interim general manager, just as I have watched him conduct everything in his life. Terminating his contract as a response to his request for an UNPAID leave of absence, a request he made to allow him time to undergo treatment for a life threatening medical condition, certainly looks like fear of the integrity he brought to the table, not to mention the inhuman aspect of kicking a man who is hurt. The Fallen Leaf community is now missing the asset that he was to you.
It would add more credibility to the comments if those who made them signed their names. I ignore any comment that the person who made it is not willing to own.
Ignore who cares? ANYONE HAS THE RIGHT UNDER THE AMERICAN CONSUTANTION TO TAKE THE 5TH AMENMENT.
ANYONE HAS THE RIGHT TO TAKE THE 5TH UNDER OUR NATION LAWS.
SURE DAMN COLD ON THIS CHAIR AND THE WIND BLOWING OUR FACES TO ICE.
BURR!!!!!LATER
So sad…may not always agree with RMA, but he said it best – let’s move on from here and heal the community. Please stop distorting the facts as well as rehashing and refueling the arguments.
I am certain the current CSD board wanted the Wirths to stay – they are all ethical, intelligent and care about Fallen Leaf and that would have been the best scenario. It just did not fit what the Wirth’s wanted regardless of whether there was a liquor license or not.
Just to be sure I understand all this correctly, you folks spend time at Fallen Leaf Lake to take time off from work-related stress, outside-world politics, bickering, and various other goings on in the cold, mean world?
I’m confused, as the location certainly has lived up to its part.
I have always wished I belonged to that very fortunate group of people that call FFL home-away-from-home, but now I take joy in only having to visit as I wish. When I look around I only get to see a beautuful lake surrounded by mountains in many different seasons. I can only imagine what most of you are even able to see. Open your eyes people.
63 years and counting, summer resident (sometimes).
I love the lake, the mountains, the critters and all the friends I have met and partied with over the years. There is good and bad everywhere, but only One Fallen Leaf Lake.
I know this thread is pretty old, but it should be noted that my old friend JK wants an investigation of the current board, and considering all the water under the bridge at this time, go for it. It should in fact result in an investigation of the previous board which inspired the recall effort in the first place. It was their actions, and blatant refusal to listen to the community they served that inspired the recall effort and voter registration drive in the first place.
Let’s not forget the spark that ignited this flaming ugliness consuming Fallen Leaf. It was by all appearances a back-room agreement by members of the previous CSD board mentioned above to end the Riches long term employment at Fallen Leaf Landing, and that didn’t appear ethical at all. Very few members of the community agreed with the rationalization the board offered at the public meetings to justify releasing the Riches, yet had never previously seen the importance of voting at Fallen Leaf. Numerous community members stood up to urge the board to reconsider, the pleas ranging from very well reasoned financial rationale to tearful and emotional memories of good deeds done by the Riches. Rarely did people speak up in favor of looking for a replacement; the primary reasoning offered that the CSD could make more money with a different operator if we looked around. Most people replied that we should keep the current operator and forgo the risk involved with letting our “bird in hand” go in favor of an as yet un-identified replacement. We didn’t want to roll the dice when most of us were satisfied with the Riches. Suddenly, voting at Fallen Leaf looked important, and the very rules everyone had observed for decades allowed the recall effort to succeed very convincingly. Mike Kraft’s sudden decision to resign was after the damage had been done. If he perhaps could undo his actions on the board, the community would view his decision a bit less cynically, rather than just as an effort to distance himself from what he had actively been involved in.
The board continued to pursue its agenda none the less, and brought in several well intentioned candidates who were roundly discarded by the community, not for any other apparent reason than disbelief that the board was deaf to the community’s desires. We can’t un-ring the bell by punishing the subsequent operators, but it has left a mighty bitter taste in everyone’s mouth.
Old friends on opposite sides of this sad conflagration should be able drink beer and howl at the moon together still, right JK? We can piss on the fire and talk about what stinks more.
Allan D’Anneo