READ THE TRANSCRIPTION FROM A TAPE OF THE MEETING
ASK YOURSELF, WHAT WAS THE HURRY? DID THE BOARD MAKE DECISIONS ACCORDING TO THE GOVERNING DOCUMENTS? WHEN DID THE NUMBER OF BOARD MEMBERS GO FROM 9 TO 6? WHO WERE THE BOARD MEMBERS RESPONSIBLE?
THE TRANSCRIPTION:
I've transcribed the Drainage Report from a tape of the meeting, to the best of my ability. Please take the time to review the tape for yourself, at your favorite website. Here it is:
McMillin: I contacted all Board Members on September 13th by email. There was a drainage project along Joanna Gillard Lane. Work would involve reshaping the berm in front of lots 474 through 479 to allow water to run off of the street into two existing catch basins. The first phase would involve 178 linear feet in front of lots 474, 475, and 476, to allow the newly constructed houses to install their driveways and sod. The cost of this phase will be $600, with excess materials removed and the berm reseeded to minimize erosion.
A second area to be graded and shaped will involve lots 477, 478 and 479 and continue to a catch basin at the intersection of Francis Parker. This will also stop run off and flooding on Joanna Gillard to .......standing water at nearby lots. The area will consist of 333 linear feet, at a cost of $900 to get started. Once the first phase is completed. It will also be seeded to minimize erosion.
The contractor we hired is Linen Landscaping and Trucking, family owned, local business, which is licenced, insured, and highly recommended by others who have hired them.
On September 14th, I spoke with six of the nine Bord Members.......gave verbal approval for this proposed work.
The contracts have been formalized and signed by myself, George Wilson, and Mr. Linen. I make a motion that we appropriate funds in the amount of $600 for the first phase, and $900 for the second phase......this drainage project.
Wilson: A motion..(stopped)
McBride: What happens if this motion doesn't pass?
Board Member (uncertain which one): We have a signed contract?
McMillin: Yes we do.
McBride: What happens if it doesn't pass?
Wilson: Says something about check (can't understand)...laughs
McMillin: Says something about a check (can't understand)
Wilson: It's a legal obligation. We've signed a contract with them. You're right....
NOTE: Several Board Members talk at once (can't understand).
Wilson: Difference was they are both under the minimum....that you get bids for and everything...the job needed to be done. It was flooding.
McMillin: It was also going to keep them from installing their drive way...finishing their lawns.
McBride: We have to approve money before we decide to spend money.
Wilson: That's right.
McMillin: ....discussing Board Members. I had more than a majority....I assumed that that was.....a decision to proceed.
McBride: .....so we check our By-Laws and....we can do that I suppose, but that's not the way it is written. I'm just trying to say that's ...not - let's not put the cart before the horse.
Garrison: I'm going to make a suggestion, do this in two separate votes, one for the six and one for the nine..
McMillin: I can do that.
Garrison: Second of all (note: a great deal of mumbling in background). as much as I - we talked about this and I told you I didn't have any problem with the project....to Board Meeting to get it approved. , not that it won't be. For a week......we only started this.........now it wasn't like the guys home was on fire...for a week....probably would have been more proper to wait. Tonight before you started....
McMillin: Reason - because I was being pressured by the new home owner to get his concrete driveway in and I understand the pipe has been installed and his drive has been framed ready for paving . This time I wanted...... (can't understand)
McBride: Another way to handle this ...a special meeting where we could....formally approve this.
Board Member (can't identify): takes three days...can't do that.
McMillin: Are we allowed to have special meetings?
NOTE: It sounds like comments are flying from the Board and audience members, sounds like some contained laughter.
Wilson: Hold on a second
McMillin: Let me split the thing into two separate motions.
Someone: Withdraw
McMillin: Alright, I withdraw the previous motion. Now, I'm making the motion that we appropriate $600 to pay for phase one of this project on Joanna Gilliard.
Wilson: Second?
Someone: Second.
Wilson: Do we need discussion on that?
Wilson: All in favor? All in favor? (Note: no one votes no.) Approved
McMillin: I have another motion...pay for the second phase.... that would total $900 to complete the work to the end of Joanna Gillard to the catch basin.
Wilson: We have a motion. Do we have a second?
Someone: Second
Wilson: Discussion? (nothing) All in favor.... (Note: no one votes no.) Approved
END OF TRANSCRIPTION
WHAT WAS THE HURRY?
McMillin said the homeowner had a pipe in place and it was going to keep them from finishing their driveway and putting their lawn in. Garrison mentions that it was less than a week to the Board Meeting and the house wasn't on fire.
Most of us have had homes built during our life times. We know there are delays at every turn from city/county inspectors, contractors, etc. It goes with the territory. I have sympathy for the homeowner. I have none for any pressure the Board felt, or didn't.
In general, the majority on this Board has little or no concern for the average single lot owner. They don't answer correspondence, they hide records, and if asked a question during a meeting, they are capable of jeering, or letting the Concerned Citizens in the audience poke fun.
Why was the Board in such a great hurry that they publicly mismanaged a contract - again?
DID THE BOARD MAKE DECISIONS ACCORDING TO THE GOVERNING DOCUMENTS?
The Policy Manual states:
#6. Other Purchases By Board And Committee Chairperson, ^.01 "The President, Vice President, Secretary, Treasurer, ARC Chairperson, Legal Chairperson, Drainage Chairperson, Roads Chairperson, or Grounds Chairperson shall have the right to make purchases up to $200.00 without prior approval of the Board. However, these purchases must be authorized, prior to purchase, by the signature of one other Executive Board Member, and be reported and ratified a the next regular monthly Board Meeting.
6.02: All purchases in excess of$200 must first be approved at a regular monthly board meeting, unless there is an emergency and telephone survey of a majority of the Board grants permission and it is duly noted as to which members were called and who gave their verbal consent. The purchase must then be reported on and ratified at the next regular monthly Board Meeting.
#7.Bids For Major Expenditures: It shall be the policy of the WPA to secure three bids on expenditures exceeding $1,000.00 when available and prudent. The Board may waive this requirement when necessary."
END OF QUOTES FROM POLICY MANUAL
You'll have to determine in your own mind whether this project was an emergency. Even Garrison questions what the rush was. It appears that they should have waited a week and brought it to the Board table. Even if it was an emergency, McMillin never acknowledges - names, who he did contact. From a practical standpoint, under the current distrust of many of this Board's moves, why not contact all of them?
McMillin called it a project, then used the term phase one and phase two, yet puts it all in one motion. It would cause question as to whether they decided to split it up, because the project went over $1,000, and they hadn't put it out to bid. It's a trick used by Board's to do what they want to do. I'm surprised they didn't go into a charade like they did in June, and change the policy manual and then vote on the project.
WHEN DID THE NUMBER OF BOARD MEMBERS GO FROM 9 TO 6?
If the project was an emergency (Do you believe that?), then according to the Policy Manual McMillin only had to secure a vote from a majority. The question is why would McMillin only contact six? Remember, after the 2010 Recall, McMillin complained loudly about the Concerned Citizen element of the Board using these tactics.
WHO WERE THE BOARD MEMBERS RESPONSIBLE?
McMillin started this project as Drainage Chair, he claims five other Board Members approved it. If they are confident in their decisions, they should have been named, as required by the Policy. Garrison doesn't seem to see an emergency, did he vote? During the meeting he suggests they rescind the motion and make two motions. Was this to get around the fact that the "project, exceeded $1,000? Why would the Board ever determine that putting a project out to bid, wasn't necessary? This is our money, and we've just come through the ridiculous road patching contract. Wilson seems to run this through without questions, did he vote? Wouldn't you like to know who the rest of the voters were? Write as a individual property owner and ask. Will they answer you, or aren't you worth their effort. They may be working on another emergency?
For the fourth month in a row, McBride brings the questions that should be brought to the Board table, to uncover the underhanded behavior of this Board.
When you as a member sit back, and the Board Members you helped elect, are allowed to continue without question, no need to answer you in a letter, or at the Board table, you are promoting their disregard for good governance and sound business judgement.
