New property owners in the Birchwood Springs Subdivision

Comment: Hello,

My name is Gary Bagwell and my wife Laura and I are new property owners in the Birchwood Springs Subdivision. I have been going to Bear lake since the 1960’s. We have spent many weeks at Tuttle’s Cabins and have rented many other cottages on beautiful Bear Lake. My Aunt and Uncle purchased a cabin on Bear Lake back in the 60’s ( still own ) and we stayed there also.  I love this lake and all the memories we have had there but could not afford lake front property.  After looking for over 30 years my wife and I decided we could afford a lot off the lake so we can enjoy Bear Lake with out renting. We purchased a lot in Birchwood Springs that has a lake access lot within 75 yards of our lot. The main reason we purchased this particular lot is that we can enjoy the water without driving to the main public access which at times is overcrowded. This information about closing road endings is very alarming. Where will it end? How will it affect those who have cabins across the road with lake ending lots they used to enjoy? How could such a proposal become law? Well to me it seems obvious. When you have a property owner on the board who owns a lake front lot and votes to close road endings that’s how it can happen.  According to a previous blog that stated,  “Sue Boss made the motion to accept the Resolution, quickly seconded  by Sue Allen.  With little discussion, a vote was taken, passing by a 3-2 margin.”

If this statement is true then here is the problem,  its called conflict of interest. Note the definition of a conflict of interest from the online Dictionary by Farlex Conflict of Interest

 

A term used to describe the situation in which a public official or fiduciary who, contrary to the obligation and absolute duty to act for the benefit of the public or a designated individual, exploits the relationship for personal benefit, typically pecuniary.

 

In certain relationships, individuals or the general public place their trust and confidence in someone to act in their best interests. When an individual has the responsibility to represent another person—whether as administrator, attorney, executor, government official, or trustee—a clash between professional obligations and personal interests arises if the individual tries to perform that duty while at the same time trying to achieve personal gain. The appearance of a conflict of interest is present if there is a potential for the personal interests of an individual to clash with fiduciary duties, such as when a client has his or her attorney commence an action against a company in which the attorney is the majority stockholder.

 

Incompatibility of professional duties and personal interests has led Congress and many state legislatures to enact statutes defining conduct that constitutes a conflict of interest and specifying the sanctions for violations. A member of a profession who has been involved in a conflict of interest might be subject to disciplinary proceedings before the body that granted permission to practice that profession.

 

Again if the board member passed a law or resolution that could eventually mean the closing of the lake lot next to their property or to help fellow lake lot owners to take over these road endings I believe this could be a conflict of interest. Instead of representing the majority of property owners this proposal seems to benefit the very legislators that are passing it.

 

If I have the facts wrong let me know. But I want to make it very clear we are not in favor of closing any road endings or any public lake access lots of any kind. To pass this law to benefit a few lake front owners and possible board members seems extremely unjust.

My wife and I will do our best to oppose this action.

One thought on “New property owners in the Birchwood Springs Subdivision

  1. Ruth Hoerr

    Very well said, Gary Bagwell! We rented from Tuttles for twenty years before purchasing our own second home eleven years ago. Having fallen in love with Bear Lake we, too, purchased backlot property with lake access. Now I am one of the residents being sued by those who are attempting a “land grab” and the Township Board goes along with this? How can this be? This appears to me to involve, not only a conflict of interest but, an abuse of power. The duty of the Board is to represent all the citizens of the Township and vote for the good of the majority, not just lakefront owners with a personal agenda.

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