January 8, 2009

Dear friends,

Aside from two attempts by one participant in the West-Surf-Beach lawsuit to derail the meeting into acrimony over that aborted affair, and one attempt to have the Board withdraw completely from the lawsuit against the Pitts—from a couple with a personal stake in the outcome of the Pitts’s suit—the first Board meeting of the new year went reasonably well with a larger crowd than usual in attendance. Doubtless, the increase in attendance was prompted by an interest in the details of the last-minute settlement requested by the lawyer of the West-Surf Beach plaintiffs.

I want to thank Cliff Brady, our lead attorney, for doing a good job in condensing almost two years of litigation into a cogent summary.

In sum, the settlement agreed to by both parties stipulates that the DIPOA's West Surf Beach, which is mostly underwater, will be transferred to the Town of Dauphin Island once the documents are drawn and signed. The agreement also stipulates that the town must produce within five years a feasibility study, and has an additional two years (seven years all toll) to start a beach restoration program. If the town fails to meet these requirements, the West-Surf-Beach property reverts to the DIPOA. The other restrictions—included in the original proposal—still obtain. They specify no structures, commercial or otherwise, will be built on the property.

Mayor Collier, present at the meeting, expressed great optimism that the agreement constituted a critical turning point in the Town’s ability to procure funding from the state and federal governments. In the past, the sticking point for funding beach restoration was the perceived lack of access to the West-Surf beach by the public. This perception was mightily exploited by the Mobile Register, making it impossible to obtain cooperation from state and federal power brokers.

Our finances, while not robust, are nevertheless for this time of year satisfactory. As usual, the month of December was heavy with expenditures for property taxes, property insurance, plus legal fees. The last four months of the year traditionally produce the most income with winter visitors coming to the island, and many playing golf daily. Golf play at the course continues to increase at an average of 10-15% over last year.

The main property at the Club and golf course is looking better and better every month. Within weeks we hope to be able to resurface the road leading into the property and the large parking area beyond the club buildings. As it warms up, we will continue painting and repairing the main Club building.

Our other two main legal cases, the Corps of Engineers settlement and the Pitts Case seem to be coming to an end.

There will be a closed hearing January 27th at the Federal Courthouse in Mobile for the Corps settlement. I will attend, but no news or information will come out for all participants will be bound by a confidentiality agreement. When the judge rules, the court will go public with the ruling.

In the Pitts’s covenant-violation case, we have a new circuit court judge who has called for a special legal master to review all the documents and rulings over the last several years. He will then report his conclusions to the judge.

Now that the West-Surf-Beach lawsuit is over, the town will be working closely with our consultant in Washington, D.C. in his efforts to obtain congressional support for funding an engineered beach, extending from the eastern point to the western end of our island. But this effort, while vital, is not the end of the story. The members and governmental entities of the Dauphin-Island community need to start making plans about how we will contribute our share of any federal or state funding coming our way.

U.S. Rep. Jo Bonner has stated in the Mobile Register that he is willing to help us in our efforts to secure federal funding, but we cannot expect the federal government to foot the entire bill. I quote, "I am pleased that the settlement was reached, because there was no chance of getting any federal assistance as long as the area in question was in private control," Bonner said. "But the fact is ... no one should get big-eyed and excited about a beach renourishment program where the federal government comes in and builds a new beach without a lot of the responsibility still falling on the local community's shoulders."

At this juncture, I’m not prepared to say where our share of funding should come from, but I do believe that the town should get cracking seeking the advice of the residents and property owners for ways, we as a community, might find the requisite funding stream that will generate our share of any beach renourishment program. Everything is on the table. We welcome any and all suggestions from our members who know of similar problems in other coastal regions. I will forward them to our Mayor and Town Council. We cannot procrastinate on this issue.

After our board meeting, the Dauphin Island Community Forum met. The DI Park and Beach Board announced that better board walks are being planned for the DI Audubon Bird Sanctuary, as well as upgrades at the public beach area. Mayor Collier announced that full time Public Safety Officers have been hired to work round the clock out of the DI Volunteer Fire & Rescue station to respond to emergency situations here on the island. They are trained paramedics and EMT's. The DI Water & Sewer authority stated that plans are moving forward for a better, reverse osmosis system, for processing the water coming from our wells.

Our next Board of Directors meeting of the DIPOA, will be held February 14, 2009 at 10:00 AM in the Isle Dauphine Club, lower level. All members are welcomed.

Best regards,

William (Bill) Harper

President