Utility Easement Amendment

[JBJ]

Here's the third item that will be on the ballot this Spring. It allows the POA board to approve a utility easement on any POA property without a membership vote. The amendment reflects the thinking that
to require a membership vote for a easement is costly, administratively burdensome, and would require too much time to accomplish. Hence the proposal. The amendment does require a "super majority" of the board ( at least seven yes votes) , in recognition that any land transactions--even easements--should clear a higher hurdle.

Attachments:

[carolinegraves]

Doesn't this take 750 votes?

An easement is giving away a piece of the property and easements that crosses the property could have an harmful consequence on the value or use of the property in the future What are these easements for? Who is going to over see legal aspects of the easements. I knew a friend that gave Alabama power company an easement and after she died that power company put a huge power pole on her property and the children were not able to sell it. I have seen many other problems of utility easements from sewer pipes underground that stop building on the property, to drains put in the wrong place that floods the property.
Bruce, since you worked for Alabama Power, isn't it true that once the easement is granted, it is impossible to reverse?

[JBJ]

No--a quorum of 250 is required to amend the constitution. Now if the amendment doesn't pass, it would require a quorum of 750 to approve the easement.

And I agree that the board must be diligent and responsible when it considers any business--requested utility easements included. I hope the POA members will elect board members who are qualified to make these--and other--decisions.

[carolinegraves]

Bruce, I am curious, what was the past problem that need a utility easement? It seems strange that now that there are plans for the Town/Developer's Military Complex(AFRC), and that after 50 YEARS the POA now needs a utility easement amendment.

[JBJ]

The situation that motivated me to draft and support this amendment happened last year during the drainage work going on along Bienville Blvd, near Salt Creek. The POA was approached by Ala Power Co with a request to grant an easement to place a pole , anchor, and guy wire on POA property in order to relocate a pole that was in conflict with the construction. It turned out that they found a different solution and this easement was not needed.

In considering the easement request and what would be required to grant it, I became aware that Constitution makes no distinction for an easement and requires a vote of the membership--with a 750 member quorum--to approve it, just as is required to sell, lease, or otherwise encumber our property. I felt that we would be better served by allowing for easements--which are necessary from time to time--to be approved by the board (a super majority of the board) without the expense and delay of a membership vote. A majority of the board agreed and hence the proposed amendment at this time. You may recall that it was on the ballot last year but we withdrew it because of the proxy issue.

[glen]

The POA Constitution should be revised to make it easier for our organization to evaluate and respond to requrests for utility easements in a timely manner that serve the overall interests of our Island community. Assuming the Board of Directors evaluates utility easement requests in an appropriate manner, the proposed revisions should benefit the POA Constitution.