Tempers flare, but no Fireworks for Raintree Lake
Posted by GSDispatch Editor in by Phil Kloster, GSD Online
The fireworks that occurred in the Raintree Lake community July 4 were not very pretty but the resulting explosion was felt by thousands of attendees. Due to a “real estate deal gone bad” between the developer Ira Roberts and the Raintree Lake Property Owners Association (RLPOA) Board, the fireworks show contracted by the RLPOA was cancelled. The cancellation decision was made by the RLPOA. The story posted on RLPOA’s website lays responsibility for the cancellation at the feet of Roberts. As with any story, there are two sides.
Roberts said he was exercising his rights on his land just like “they did some 200 years ago”. Meanwhile, a member of the RLPOA Board, who did not wish to be named, expressed irony since they “were being held hostage on a day which stands for freedom”.
It would be difficult to defend Roberts in a court of public opinion. The assembled crowd of thousands does not care about the land in question. They wanted to see fireworks. I won’t attempt to defend Roberts either. This article is not intended to provide damage control for either party. I don’t live in Raintree, did not attend the fireworks display, and do not have a horse in the race. I’ll simply attempt to pull back the layers of complexity so readers can have a better understanding of the events leading up to the cancellation of the show.
This tale began in 2008 when Roberts approached the Board asking for a utility easement so he could develop the piece of land known as Tract “E”. The Board instead offered to buy the land. Roberts contends that the land was worth $1,500,000 in a very strong market but conceded that the current market is not anywhere near its peak. The final asking price was $640,000 for three acres of undeveloped property and plans for seven single-family lots. Attached to various offers through the months were various deal-breaking variables such as a large number of boat slips which were eventually dropped before a preliminary agreement could be reached. The price of $640,000 is not disputed by either party.
Roberts said that in preceding months, he tried to send the Board subtle messages regarding his dissatisfaction of the land deal. He erected a fence around the property and posted signs stating “Closed until agreement with RLPOA reached”. In May, Roberts’ attorney Bunk Farington sent a letter of protest to the city of Lee’s Summit protesting the planned fireworks display.
Despite Roberts’ efforts, the City of Lee’s Summit eventually granted a permit according to the RLPOA website. City Manager Steve Arbo was out of town and Deputy City Manager Brian Scott did not return a message seeking comment. Farington also did not return a message left at his office.
Lee’s Summit Fire Chief Keith Martin explained that the fireworks shoot was not in violation of city code and not being shot towards his property – per method of presentation by Board request. That changed during a site visit Saturday evening when Roberts and his family stationed themselves at the base of the Raintree dam on a plot of land known as Tract “B”, less than 100 feet away from the discharge site. City and National codes require a safe distance of 100 feet per inch of shell being discharged. The Roberts family was placed squarely within the required safety zone. Martin went on to describe the dispute as a matter between the RLPOA Board and the land owner, Roberts. The city’s involvement was simply to enforce established safety codes.
RLPOA Board President Tony Jose spoke to me at length about the events and graciously admitted that he didn’t blame Roberts for taking the steps he felt necessary to take. He even confirmed some of the facts previously shared with me during the Roberts interview. One development that is curious was that Roberts let a counter-offer from the Board expire without response last month, and by all accounts that offer includes the same terms brought to the launch site Saturday. Roberts disagreed, staunchly contending that he responded to that offer through his attorney countering for an easement on the east side. He then claims to have dropped the demand for the easement, against his attorney’s advice in the contract he brought with him on the Fourth.
Raintree advertised their fireworks show at an alternate location in Cass County in their June publication. Cass County would not issue a permit because the land owner of the adjacent eighty acres on the Cass County side was concerned from a liability standpoint, so that contingency plan was scrapped. Cass County officials could not be reached in time to comment on this story.
The events of the holiday weren’t a shock to any involved party. According to Jose, they were anticipating trouble. The City of Lee’s Summit felt the same considering several simultaneously scheduled fireworks displays within the city Saturday night, the Fire Chief chose to show up out at Raintree.
The aforementioned board member, who asked to remain anonymous, told the Dispatch that if Roberts had brought the paperwork from Saturday to the Association office earlier in the week, they would have struck a deal. There is nothing that could be done on a banking holiday with half the members of the board out of town for the holiday. Jose indicated that he had neither voicemail nor other attempts of contact from Roberts or Roberts’ lawyer on Friday, July 3rd.
I asked Roberts directly if he was in financial trouble. He wouldn’t answer specifically to his situation but shared details related to the current lending environment in this country. The government standards for loans to developers and builders have changed. Most banks are not renewing loans for developers and are sucking developer cash reserves dry. An accountant probably isn’t necessary to draw your own conclusions based upon that.
It’s important to recognize that Paul Roberts Sr., Ira’s father was the original developer of Raintree Lake. The Roberts legacy is legendary in the Raintree community. The RLPOA website even recognizes that Paul started the fireworks show more than twenty years ago. As it turns out, that information is not exactly factual; the fireworks display was started in 1982 by the Adhoc Committee for the Betterment of Raintree Lake, of which Roberts Sr. was not a member.
So where does this leave Raintree Lake, Roberts, the Board, Tract “E”, and future fireworks displays? Jose told me that the board is full of quality individuals; professionals. They will continue to do what they determine to be the best interest of the members concerning future land transactions. Roberts was apologetic to attendees of the display and wishes he had opted for mediation. A possibility discussed in the aftermath was shooting the fireworks from a floating platform in the middle of the lake. A call to the display operator, Wald Fireworks was answered but any comment on the matter was directed to RLPOA. It has since been determined that the floating platform option is not currently feasible because multiple pontoon boats are not suitable for the operator and a specially constructed platform would present storage challenges for the RLPOA the other 364 days of the year.
Based on the responses from all parties involved, The Dispatch feels confident that this situation is in the past and that the real estate deal has promise to be worked out. Additionally, efforts will be taken to ensure that future Raintree fireworks shows should not be jeopardized as they were in 2009.
