Fallen Leaf Lake contends with liquor, voter fraud issues
By Kathryn Reed
It may not be known for a while who will be operating the store at Fallen Leaf Lake, but it could be decided at the next board meeting if alcohol will be allowed to be consumed this summer.
Controversy swirled last summer that resulted in no alcohol being sold out of the store at the end of the South Shore lake. This is because some of the residents of the enclave believed sales of alcohol would create a dangerous scenario with potentially impaired people driving on the narrow, curvy road.
The politics of Fallen Leaf Lake are nowhere near as tranquil as the water. Photo/Kathryn Reed
In the past, the store operated with a liquor license much like a grocery store – no consumption on the premise. Rob and Sandy Wirth, who had the concessionaire contract last season, wanted to get a license allowing people to drink beer or wine on site. Then the uproar started. Then they decided not to sell alcohol in any form.
There are those who contend the lack of liquor sales prevented the Wirths from making money. The Wirths have exercised their right to back out of the contract after one year. A settlement agreement has been tentatively reached, with the final details being worked out. Until it’s completed, the document is not for public review.
The Fallen Leaf Lake Community Services District is accepting applications until Feb. 28 from perspective concessionaires for the upcoming season.
At the March meeting it’s likely an item for discussion and possible action regarding liquor licenses will be on the agenda.
At the board’s Feb. 12 meeting, President Tom Bacchetti told those in attendance he has been told a handful of residents have hired an attorney to investigate voter fraud. This would affect most of the board members. Bacchetti said it was referred to the El Dorado County District Attorney’s Office, which in turn referred it to the Secretary of State’s Office.
Shannan Velayas with the fraud division of the Secretary of State’s Office told Lake Tahoe News her department cannot reveal if an investigation is going on, much like police don’t disclose when an entity is being investigated.
Velayas said anytime sufficient evidence of wrongdoing is found, that material is handed over to law enforcement, such as a district attorney. The DA has the ability to prosecute people, not the Secretary of State’s office.
At issue at Fallen Leaf Lake is who is allowed to vote in elections and who can be elected.
Prohibition didn’t work. And won’t work again.
Fallen Leaf Lake is clearly not Brigadoon
Two comments
First – I have been going to Fallen Leaf Lake since I was born (48 years), during the entire time I have been going to Fallen Leaf Lake people have been able to purchase beer and/or wine for consumption while eating their food. The previous vendor (John & Ruth Rich) as stated above, had a Grocery Store License (Type 20) but still allowed, “Discretionary drinking”. Rob & Sandy tried to get the correct Liquor License (Type 41) for the historic use of the facility. During a CSD meeting in July of 2010, one of the CSD directors asked anyone that ever consumed beer and/or wine while eating at the Fallen Leaf Store to raise their hand, over 90% of the people in the room raised their hand. The Liquor License objections were another attempt to reduce Rob & Sandy’s revenue and profit. The only thing that would have changed in the operation of the store/café is they would have been selling beer and/or wine for consumption legally.
Second – Voter Fraud, during my time as the President of the CSD I spoke with David Livingston (El Dorado County DA Office) and Mark Loren (Secretary of State – Voter Fraud Division). They both told me that this matter was brought to their attention because of the dramatic increase in Voter registration (from normally 130 to well over 400) during the recall election for myself (Mike Kraft) & Eric Thaden. After the conversation with these gentlemen, I sent out a letter informing the community of the California Election Codes that outlined the requirements to legally participate in voting at Fallen Leaf Lake. After reading the California Election Codes it became quite apparent that only 5-10 people could legally participate in voting at Fallen Leaf Lake. Because of this I resigned, the Fallen Leaf Lake CSD By-Laws clearly state that you must be able to vote within the district to be a board member. The people that voted in the recall election voted after being informed that they were not legally able to participate in voting within the district. The current President of the CSD (Tom Bachettii) had a web site that stated “Anyone who has a link to a residence at Fallen leaf Lake (within CSD boundaries) can register to vote or re-register to vote in the August 31st CSD recall election.” According to the California Election Code a person can only vote at his primary residence, this is clearly explained in California Election Codes 2000, 2020 – 2035. Also clearly stated in the US Forest Service Handbook under USFS Recreational Residence it states in section 41.23f General Recreation Residence Use – Residency, Do not allow holders to use the recreational residence as their principal residence. Principal Residence is further defined as – The principal residence can be a house, apartment, mobile home, or other reasonable domicile, either owned or rented. The principal residence cannot be simply an address used to give the appearance of living in a home elsewhere. It must be the place where the permit holder routinely receives mail, is registered to vote, from which children attend school, and from where the permit holder normally commutes to work.
The current board has ignored the requirements of the California Election Code and the USFS in order to gain control of the board. (FYI, Tom Bachetti has a USFS Recreational Residence Permit)
These and other actions have been done by a small group of families that are attempting to gain control of the community area at Fallen Leaf Lake for selfish reason. Many times several of these people have clearly stated in public meeting that they want to keep the public out.
Fallen Leaf Lake is for everyone to enjoy, young, old, rich, poor makes no difference. Fallen Leaf Lake is for the people.
Help us keep Fallen Leaf Lake Community Area open for all to enjoy, attend the next meeting on March 19th @ the South Lake Airport and voice your opinion.
Mike Kraft
Mike:
What hipocracy. Only 5-10 allowed to vote but hundreds must pay CSD taxes. I don’t think so!
You state:”small group of families that are attempting to gain control of the community area at Fallen Leaf Lake for selfish reason”. It seems to me that it is the 5-10 who want to remain in control while everyone else gets to pay.
I first regestered to vote from FLL in the ’70s, long before the CSD. If your definition of who can vote at FLL is correct, I think the CSD should be disolved as it would only be an expensive toy for your 5-10 families
I agree with AKA.
Mr Mike is making unfounded allegations against hundreds of Fallen Leaf Lakers accusing them of having committed a CRIME by fraudulent voting. I suggest he get some sound legal advice re the laws of defamation.
Kindasad
aka & kindasad,
I am not suggesting that the 5-10 people be in control of the lake, if you have been listening to me for the past several years I have consistently stated that Fallen leaf Lake is for “everyone”.
As far as me getting sound legal advise, perhaps you did not receive a copy of my letter to the community in August 2010 regarding the California Election Code and the requirements to be able to participate legally in voting at Fallen Leaf Lake. I received advise from David Livingston with the El Dorado County DA’s office as well as Mark Loren with the Secretary of State – Voter Fraud division. The FACTS are outlined in my letter from August, I suggest you read it before you make accusations. Let me say that I also was registered to vote at Fallen Leaf Lake and voted for years, you are not alone by any means on this aka. Please understand that I did not start this investigation by the Secretary of State office, I was informed that it was going on. In order to protect the members of our community, I sent out the requirements to vote and asked people to make up their own minds. I truly believe that it is one thing to vote not knowing the letter of the law or that you are breaking the law, it is something completely different to vote after being informed of the letter of the law. I myself am interested in obeying the law, therefore I resigned and pulled my voter registration immediately. And as for the comment regarding the disolving of the CSD, I believe that that may be something for the community to consider. The bottom line is that we need a fair voting system in our community, some type of system that does not have the potential for any group to increase voters to vote for their cause. I would suggest two (2) votes per cabin. If two (2) votes per cabin were used, a cabin could provide one vote for two different sides of an election. There would be no chance to artificially increase voters to sway the vote. This would provide a fair voting system with equal representation for every cabin at the lake. Until something like this is put in place our community will be in a state of turmoil.
In my time on the CSD, I have found two (2) different types of people at Fallen Leaf Lake. One type feels they are lucky to be able to have property in such a beautiful place and are open to sharing it with all. The other type of people feel entitled to their place at Fallen Leaf Lake, and is only willing to share it with people close to them. I hope some day everyone will realize how lucky we all are to be able to have property at such a wonderful place.
MK
Mr. Mike:
Despite your sanctimonious diatribe my comment stands. The more you go on, the deeper is the hole you are digging. Suggest you throw away the shovel.
Kindasad,
You know who I am, who are you?
MK