Petition to URA sent

Hi All,

The petition that was signed last week as sent to URA earlier this week. Here is the content for those of you who have not seen it. After the text below, there are two images for you to print out and sign, if you would like to participate. Once signed, please scan and email to me @ goo.nguyen@gmail.com

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Petition to the Urban Redevelopment Authority of Singapore
And the Singapore Heritage Society
By the Members of The Legends Fort Canning Park
15th October 2008

Description/Background:

On the 25th of September 2008, the Management of The Legends Fort Canning Park sent notices to its members (“Members”) regarding “Member’s Conference on Club Renovation”. This conference was to be held on the 6th of October 2008, and the Management plans to share with the Members “the plans for the Club, new facilities and improvements”.

At the Member’s Conference on the 6th of October 2008, the Members were informed that:

1) The current building, a heritage structure, will be converted to a 82 room boutique hotel with up-market restaurants;

2) Members’ facilities such as gymnasium, lounge, spa, and changing areas will be moved to a new 3-storey glass building to be constructed on top of the current tennis court, and these facilities will be shared with hotel guests;

3) Except for the Ballrooms and Function Rooms, the Club will be completely closed from 16th October 2008 to 1st April 2009 (save for the Café which will remain open until 31 October 2008), and members will have no access to the Club during that period. ;

4) It was also stated that one of the main factors in this decision to change the Club was a result of a survey in which one of the facilities Members wanted the most was guest rooms. Do note that this survey took place 2 years ago and no recent survey on whether Members agree to the proposed renovations was ever undertaken;

5) These plans have the approval of the Urban Redevelopment Authority.

Petition:

We, the undersigned Members of The Legends Fort Canning Park, hereby declare that this change of use of the current building does NOT have our endorsement or support. We have all paid joining fees and monthly subscription fees to the Club, housed in a historical building, fully furnished and with all its present amenities, historic charm, ambiance and space. We do not want to be moved to a smaller building, and we would like to have continuous use of the current facilities without any interruption due to any renovation. We respectfully request the Urban Redevelopment Authority to halt the commencement of any renovation that it has permitted or approved until the Members and the Management has worked out an agreement. All work should be put on hold indefinitely until the Management and the Members come to a fair consensus on any changes to the Club. We request that the Club remain open during the entire period from 16th October 2008 to 1st April 2009.

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An image of the petition is below along with the page for signing. Please click on each image and then print them out and sign and send back to me. Thanks!

Harry's Reply: "Trustworthy" Proprietor's Club

Ok, here is Harry's reply to the "high handed" email from the Club:

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Ms Cheong,

I attached a weblink which explains one of the reasons why I decided to take up membership of the TLFC despite the rather negative views of Proprietor's Club vs Member's Club, and this was an open statement recorded by Mr Oh Chee Eng which assured

'... prove to the members that we're trustworthy, ...'

http://www.channelnewsasia.com/cna/finance/moneymind/ep46-bigpic2002.htm

and as specified in Para 2 of the Rules & Regulations:

2. 'The object of the Club is to provide for the use and enjoyment by the Members of facilities (the “ Facilities ”) for recreation, entertainment, dining and/or such other activities as the Proprietor may from time to time at its discretion decide.'

I believe many of the Club Members would have given full support to the Plans if there were more timely engagement on the business challenges facing the Club and the actions going forward to mitigate these challenges.

I am afraid that this was done very late and I would give the benefit of doubt to the Club given focus on the other more pressing matters and oversight by certain internal functions. Nontheless, I would be monitoring the development plans closely and looking forward to the use of the improved facilities in Apr-09.

Rgds
Harry
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WOW!!! I don't know how Harry found that transcript of the ChannelNewsAsia show, but there is very interesting stuff there.

Another quote from Chairman Oh:
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"If you look at all the other clubs that run into trouble, it's not because the operators of the club has run into trouble but because the money of the club was used in the ventures. The thing that we want to do is to guarantee members that we would not misuse this funds and use the clubs property to raise loans and use it for any other businesses other than the club purposes."
Oh Chee Eng, Co-Exec Chairman, The Legends at Fort Canning
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I am still waiting for a response from the Club regarding the $80 per month for golf members and whether or not the Legends Golf & Country Resort is draining Legend Fort Canning's cash. A somewhat related issue to the above.

"High Handed Manner" Toward Members

This email chain came in from Harry Law, a loyal member:-

On 15 October (last week), he wrote in to the Club as follows:
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MS Amy Cheong & Mr Herbert Hofer,

Ref the memo issued by Ms Cheong dd 9-Oct to club members informing them of the impending renovations and to seek alternative gym arrangements for an unspecified period.

I am totally disappointed that the Club Mgmt has taken this stand to deprive the very members, which account for the existance of the club, of the use of a core facility, without equivalent replacement.

I joined the club primarily to make use of the gym as it had good equipment and located near to my office.

I have been reading plans by the Club Mgmt and Owners in the newspapers to convert part of the club to a hotel, and have not had ANY formal letters or meetings organised by the Club Mgmt to keep us better informed and take our queries.

This very high handed manner of TELLING the members does not do justice to the Club. My encounters with the Club staff have always been positive and I enjoy the excellent service, esp from those manning the gym, sauna and restaurants.

Your recommendation that members should seek alternate gym memberships and pay for their use, whilst the TLFC Club undergo renovation shows clearly your lack of good sense and fair play, and as much as I do not like to speak out, I am afraid that not doing anything is a worst option.

Rgds

HARRY LAW
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I think many of us feel this way. To me, the way that members have been treated is more like a principal speaking to a primary school student than a business talking to its loyal customers. If Singapore Airlines treated their PPS members like that, their reputation would be very different.

The reply to Harry from the Club is cold and canned, - if not an outright reprimand:
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Dear Mr Law,

We refer to your email dated 15 October 2008.

The Proprietor is very serious about the viability and survival of the Club, and is unable to run the Club and keep it alive if the usage is only 10% of its optimum occupancy. On top of that, in the past 5 years, members' spending has been very low. Despite this, the Proprietor has refrained from increasing subscriptions, or imposing minimum spending these past 5 years. The only way for the Club to survive is for it to make money using whatever resources it has. As members, the heritage building will still be yours to enjoy as the 1st floor will still house restaurants like before, and members will enjoy the hotel rooms as another added facility at exclusive member's rates. Special packages for members will be created that will include fun for the whole family.

We acknowledge that in such a major undertaking, we would not be able to please everyone, and we understand that there are some members who are not happy with the Club renovation. As mentioned at the Briefing, the Club is maintaining an open dialogue with members.

When we first took over the premises of the Club in November 2002, the first renovation took almost 18 months as we did the work in phases, keeping some parts of the Club open whilst renovating other parts. We received a lot of negative feedback on the noise, dust and general inconvenience to members. So learning from that experience we took the decision to close the Club, suspend subscriptions and offer alternative Gym facilities. If we were to keep the Club open during the renovation, we would have collected subscriptions, albeit at a reduced rate. Keeping the Club open would also expose members to possible accidents as they would be using facilities in what would essentially be a construction site.

We would like to remind you that when you joined the Club, you signed an undertaking to abide by the Club Rules and Regulations (a copy of which is on the website). Please note the following paragraphs in the Rules & Regulations:

5.4 Repairs
Without prejudice to the generality of the foregoing, if at any time it appears to the Proprietor that any of the Facilities is congested, in need of any repair, renovations, inspection, expansion or maintenance or required for the use of the Proprietor for any purpose as the Proprietor may decide, the Proprietor may at its discretion impose conditions on, restrict, suspend or otherwise limit the rights and privileges of the Members in respect of any one or more of such Facilities. The Proprietor shall not in any way be liable for any inconvenience or loss that may be suffered or sustained by any Member or any other person entitled or permitted to use and enjoy the Facilities resulting from such conditions, restrictions, suspension or limitation.

5.5 Alternative Facilities
The Proprietor shall be entitled to substitute any of the Facilities with any other facility that the Proprietor deems appropriate in the event that any such Facility cannot, for any reason whatsoever, be made available for the use and enjoyment of the Members. In the event that such alternative facility cannot be procured, the Proprietor shall have the absolute discretion to discontinue providing such Facility and the Proprietor shall not in any way be liable for any inconvenience or loss that may be suffered or sustained by any Member or any other person entitled or permitted to use and enjoy the Facilities resulting from the Proprietor not providing such Facility.

24.1 Powers vested in Proprietor
The powers of management and administration of the Club shall be vested solely in the Proprietor whose decision on any question or matter shall be conclusive, final and binding on the Members. The Proprietor may appoint such persons or bodies of persons as it may deem fit to carry out any part of the functions of the management and administration of the Club, subject to such terms and conditions as the Proprietor may impose. The Members will not in any manner be involved in the management of the Club. Further, the Proprietor shall have the full discretion to deal with or dispose of the Assets of the Club or any part thereof and to pledge the same for any purpose which includes, but is not limited to, borrowing money for any business ventures or investments, whether related to the Club or not, as the Proprietor may determine from time to time provided that the Proprietor shall not create any security interests over the Club's assets except in relation to any indebtedness incurred in respect of the operations, renovations, upgrading and other matter in connection with, or resulting from the Proprietor's ownership and operation of the Club.

27. Dispute Settlement
Any dispute or difference which may arise as to the meaning or interpretation of these Rules and the Bye-laws or as to the powers of the officers or the Proprietor, or the validity of any proceedings of the Proprietor and/or the Club shall be determined by the Proprietor, whose decision shall be final and binding upon all the Members of the Club.

While the Proprietor may consider feedback from Members, as a private club (as opposed to a members' club), the final decision is legally the sole prerogative of the Proprietor. The most constructive form of engagement is for members to address their concerns to the club directly.

As for communication with the members on the renovation, members were notified of the decision to revamp the Club in the four issues of the Club newsletter from January 2008. On 25 September, a letter was sent to all members informing them of the date for the Club closure and inviting them to the Members' Briefing on 6 October 08. The same letter was blown up to A3 size and posted on the Club notice boards at the Gym and the Lobby.

We hope that this has made the Club's stand clearer to you.
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From my perspective, Harry made a very valid complaint to the Management and Owner and was shot back with a letter written by a lawyer. If he had wanted a lawyer's reply, he would have gotten a lawyer to write in on his behalf.

Harry had a great reply to the email from the Club above. I will put that in the next posting.

Comment by Anonymous Outsider

An interesting set of comments were left in the Forum section (at the bottom).

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Oct 17 2008, 7:05 PM
Unknown (guest): After reading the above topics, it is quite clear that the management does not take their members seriously. Especially when they know that its a propriety club and that only the management gets to decide whatever they want.

Oct 17 2008, 7:09 PM
Unknown (guest): I believe that the staff may/may not be entirely responsible for being unclear in informing the members of the changes as ultimately only the boss has the final say and they did as they were told to probably not create a big hoo-haa until the final word frm the boss himself has been said.

Oct 17 2008, 7:16 PM
Unknown (guest): Whatever it is, it seems like it's poor handling by the upper management themself and i guess i pity the staff who probably also gets bombarded by all the questions being posed coz they themselves have no say towards anything. Just a thought by the way from an outsider point of view. This matter has definitely made a heated arguement and will not blow over under the upper management give a clearer say or be truthful and not try to give excuses or a politically correct answer to shrug off the members.
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My comment on StraitsTimes

Go here and comment. Link back to this blog if you can.

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Main Issues:

1. Short notice given to members

URA preliminary approval was issued months ago but the management did not update the members at that time. URA final approval was issued in early Sept but members only got a letter on 25 Sept 08 inviting us to attend a meeting on 6 Oct 08 and stating that use of all facilities will be suspended with effect from 16 Oct (today!!!). IT IS UNREASONABLE TO GIVE LESS THAN ONE MONTH'S NOTICE BEFORE SUSPENDING ALL FACILITIES.

2. No consultation process or feedback dialogue with members

Members were never consulted on the construction of the new 3-storey glass building. Many members bought into the membership because we love the colonial architecture of the main building but under the proposed renovations, the building is going to be converted into a hotel and members are squashed into a glass building. THIS INDICATES THAT MANAGEMENT DOES NOT TAKE INTO ACCOUNT MEMBERS' FEEDBACK AND ARE DETERMINED TO PROCEED WITH RENOVATIONS NO MATTER WHAT.

3. Why couldn't the renovation be done in stages?

The management obviously could not care less for the members. Members buy the membership because we wish to enjoy the facilities with our families and friends. Why couldnt the management stagger the renovation, ie build the glass building with the necessary facilities and thereafter renovate the colonial building for the hotel rooms?

4. No buy-back scheme

Members feel short-changed. It is one matter to renovate the club to spruce up the facilities but it is DRASTIC matter if members are shifted out of the beautiful heritage building and squashed into a tiny glass building. Management is however not offering any buy-back scheme for members who are aggrieved.

5. URA Guidelines – Members are entitled to at least 50% of the covered area.

Further to the meeting with URA on 15 Oct, members understand that we are entitled to EXCLUSIVE USE OF 50% of the covered area of the current development. We are not even aware of this fact! The point is that the ball rooms and functions rooms are being constantly leased out for weddings and events and members have NO priority in booking such facilities. Members have lodged a formal complaint with URA to look into this matter as we take the view that our rights have been infringed and we do not have exclusive use of 50% of the property.

Secondly, URA has told us that members are entitled to EXCLUSIVE use of the 3 storey glass building after renovations. According to the management, the 3 storey building comprise of a café on the first level, a spa on the second level and the gym on the 3rd level. Management has however told us that public can have access to the spa and that hotel guests can have access to the gym. Members need to understand from management which 50% belongs to members exclusively so we can enforce our rights, but management has been tight-lipped.

6. The misleading verbiage of a supposed survey that none of us recall pertaining to the desire for "guest rooms" by members, which is quite different than the complete conversion to a hotel. The club management misleading stated and attempted to make the public believe that their renovation in converting the main building to a hotel was favored by the members, when in fact, nearly every single member of the club DOES NOT SUPPORT turning the main building into a hotel.

7. The issue of the 2 tier subscription fees which most of the earlier members are not aware of. And the $80/- fees for the next 6 months with not even the use of the parking facilities at the club.
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Sunday Straits Times: "The Legends' members irked"

Yay! We are heard in the Sunday Times. I did ask for the URL to be posted, but that did not happen. It was just a wish in any case.

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Oct 19, 2008

The Legends' members irked

By Gracia Chiang

IT BEGAN as a gripe that The Legends Fort Canning Park's colonial-style club building was to be converted into a hotel. Members would be moved to a new glass building, one-quarter the size of the original clubhouse. After a blog was started by a member, another grouse surfaced: that the management did not properly tell members that the club will be closed for six months. Now, some members have signed a petition against the temporary closure, protesting that they have been left out in the cold. The closure, from Oct 16 this year to April 1 next year, is for a $70 million renovation project to turn around the ailing club, which has a membership of 1,200 - just 10 per cent of its target. Members like regional manager Joe Nguyen, 37, protested that they were given short notice about the closure. He said: 'We feel like we're being kicked out. We were never consulted.' The club said it had sent out a letter to members on Sept 25, informing them about the closure date and inviting them to a presentation briefing on Oct 6. Its public relations director, Ms Amy Cheong, acknowledged that while the 1,200 members were not given 'exact details', they had been told as early as January in their newsletters that they should expect upcoming renovations. She explained that the club had been waiting for plans to be approved by the Urban Redevelopment Authority (URA) before releasing details to members. Mr Nguyen was among some 250 members who attended the Oct 6 briefing. He set up a blog the same day, giving members a platform to air their concerns. Some 40 members have since visited the website and left their contact details. They also aired other gripes. 'When we bought our membership, we really liked the colonial-style architecture,' said Mr Nguyen. On the hotel project, club CEO Oh Chee Eng explained that unless members were willing to pay a substantially higher monthly subscription, the club needed the new business model to stay viable. He stressed that as a proprietary club, it had every right to make changes to the club's facilities. During the briefing, the club's management also cited a survey it conducted two years ago, in which members said they would like to have guest rooms. But member Jerry Barisano, 55, chairman of a media company, was not convinced. 'Guest rooms are very different from turning the building into a hotel,' he said. Some members also took issue with the fact that hotel guests would have access to facilities in the members' new glass building. This was disclosed to them at the briefing. When contacted, Mr Oh called this 'a mistake' and said the management had since come to an agreement on Thursday that all facilities in the new members' block would be exclusive to members and their guests. Separately, the URA also met five club members earlier last week. They had wanted to seek clarifications on its consideration of the proposed renovation work. The URA told The Sunday Times it was able to support the management's proposal to partially convert the club for hotel use as it proposed to keep the predominant floor area of the development for sports and recreation use for the club members. During the renovation period, monthly subscriptions will be suspended except for golf members who will pay a reduced fee for the continued use of facilities at The Legends Golf & Country Resort in Malaysia. Golfing members, who currently pay a monthly fee of $125 for families and $105 for individuals, will now pay $80 and $60 respectively. Social members have been paying $105 for families and $85 for individuals. Mr Barisano is resigned to the fact that the hotel conversion will go ahead, but he hopes the petition will persuade the URA to advise the club to carry out its renovation work in phases. He added that there are now some 100 signatures to the petition and he intends to submit it to the URA this week. Not all club members are so vexed. Ms Julinn Siah, a 32-year-old manager, felt that the issue has been blown out of proportion. She said: 'My main worry is that these unhappy people will push the owner too far. If this goes on, the owner might just say since people are so against it, let's just close the club. All of us will suffer then.'

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"We are making some progress"

Jerry sent in an email with an update:

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Hello All,

Some good news to report. It looks like we are making some progress.

It has come to my attention, that via conversations between the URA and the Legends Fort Canning Club Management, it is now CONFIRMED that the Management has agreed and committed to the Urban Redevelopment Authority that the new clubhouse at the club will be FOR MEMBERS ONLY, and will not be used by hotel guests.

Our next move is to work with the URA and make sure that we do receive the 50.9% of the covered space for the club members "Exclusive" use, as we still have not received confirmation as to exactly how much of the 50.9% of the allocated space will be counted in the new clubhouse, and how much would be in the main building or any other building as part of the new renovated facility. This was not clear in the drawings that we saw at the URA office, so this needs to be clarified.

We need to follow up with the URA on Monday and Tuesday of next week, to try to clarify issues that we perviously discussed. I also look forward to receiving input back from them. I will also be faxing all of the petition signatures that I have to the URA on Monday.

On another note, I spoke to Herbert Hofer last night as I was having tea in the lobby of the Legends, prior to dinner. From our brief conversation, it sounds like the Management is realizing that they could have given the members more input prior the the construction and final plans. Nevertheless, Mr. Hofer guaranteed me that all of us members will like the new facilities much better than what we now have. He insisted that the new renovations would definitely increase the value of our memberships. I told Mr. Hofer that I will believe it when I see it, that we were happy with what we had. I also told him that most of us did not join the club as an investment, but as a place of recreation, a haven from the pressures of work, not for profit. I also told him that a lot of these problems could have been avoided had the club management been more up front with us on all developments, and had us actively involved in the process. He told me that if it had been possible to do the work in stages they would have done so. I then told him that with about 2,400 members including corporate, and with all of the brilliant minds that we have, that I really felt that together we could have figured out a way to accommodate everyone, or at the very least, come up with a compromise that would prevented or at the very least, greatly reduced all of the bad feelings that are out there right now. I also told him that he should at least be happy that they had put together a club, which although was not perfectly run, was something that all of us felt was worth fighting over. At least we cared. It was a cordial discussion, and the fact that he approached me first is a good sign.

At this point, I think that barring a miracle, it is impossible for us to put a halt to their construction plans, and the renovation. What I do suggest, is that in about two weeks time, when all of the bad feelings have blown over a bit, that we investigate forming a Members Association. I would serve in the association if requested. We should have a group of six people (a manageable number) that meets with the club management on a timely basis as part of the group, to keep the rest of our members updated on the progress of the renovation, and more importantly, to make sure that our interests are protected.

In the interim, we can also have our "LEGENDS IN EXILE" group, to meet time to time at various venues throughout Singapore over the next six months. We need to start collecting e-mail addresses as soon as possible via our web site www.legendsfortcanning.blogspot.com so that we can continue keep our members informed of what is going on, and to get as many people as possible to any functions or gatherings that we may want to have over the next 6 months or more.

Joe, please place the enclosed information of this e-mail on the web site. If anyone needs to reach me, I have a BlackBerry on me at all times, and can get back to you within minutes.

Thanks folks! Hang in there. It's only been a couple of day, but I miss our club and you guys and gals already.

Best Regards Always,

JERRY BARISANO
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