Residents, we are approaching the time when we will vote by proxy, or by ballot at the annual meeting. Three of our candidates currently serve on the Board. Their actions and votes are a matter of record. The Wedgefield Examiner will review the actions and votes at the Board table of each of the candidate board members - Anderson, DeMarchi, and Walton (John). They enter the record at different times. DeMarchi was elected for one year. His record starts in December 2011. Walton (John) and Anderson's appear later in the year as they were each appointed after the resignations of Huggins and Walters. The review of their performance will be reported month by month. Each time a month is reported the article will note which of the candidates were involved. I will publish this preface with each of the monthly reports.
My work has been difficult but I think that it is important to look to the records. At first I thought I could just review minutes. That wasn't possible because in my humble opinion, they have been sanitized. They don't include discussion, or closed executive meetings that are suppose to be open. I've had to go back in time to articles on the blog that include transcriptions of the tapes from monthly meetings, to notes taken at executive meetings - few were open and some closed after residents arrived.
In all cases I have transcribed tapes to the best of my ability. The notes that I have taken "other meetings" where there wasn't a tape, have been taken to the best of my ability, in an effort to report what occurred.
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MARCH 20, 2012 BOARD MEETING
_________________________
CANDIDATES/BOARD MEMBERS: Anderson, DeMarchi
We'll start with the approved minutes. We start off with a omission of the facts/truth. After the call to order President Jacky Walton names the board members present and those absent. From the minutes, "Attendees: Adam Anderson, Janine Cline, Alan De Marchi, Bob Garrison, John McBride, Jacky Walton, Larry McMillin, Jason Barrier, Absent: Jackie Walters." What is the lie? Jackie Walters is announced as absent, as though she is a board member who is unable to attend. It is true that she isn't there She is no longer a board member. She has resigned. I have reviewed the minutes and there isn't an announcement anywhere that she resigned. Don't you think our Board should have told us that they would be beginning the process to fill another vacant board seat? Our by-laws tell us how to move forward. I blame the entire board for their secrecy but Anderson and DeMarchi are the only two who are running for re-election. Obviously, they didn't feel the need to bring the vacancy to the board table.
Rumor was that some on the board had hoped to talk her out of it. Additionally, the rumor also was that Walters quit because of a motion that Barrier was bringing to the table. She was being pressured to second it. There was more secrecy because your board had received a threatening letter prior to the board meeting that relates directly to the motion. So your board, including Anderson and DeMarchi failed to inform residents of the resignation or the threat.
Here is the threatening letter:
From: Ronald Pietkewicz Sent: Tuesday, March 20, 2012 8:03 AM
Subject: Forwarded email for all Board members
Board members: Friday afternoon, March 16, I was asked in a phone conversation
to send you the following message under my name. I won't sign it since I didn't
write it. Make no mistake about it, though. I agree with its content. Its
purpose is to ask you to seriously consider the motion that will be put before
you this evening concerning its content. It also points out " that each of you
has a fiduciary duty to vote to have the WPA bring suit as plaintiffs on behalf
of our membership." No response to me is needed! It's for you to digest.
_______________________________________________________________________________
________________________________________________________________________________
___________________________________________________
Dear Board:
It is vitally important that you are aware that a suit will be brought against
Attorney Thomas Winslow and the Bell Law Firm for malpractice in his
representation of the Wedgefield Plantation Association. The most egregious
legal advice pertained to his opinions and counsel concerning the board’s rights
and actions that resulted in using Association funds for the dredging of the
canals at Wedgefield Plantation. What is even more important is that you
realize that each of you have a fiduciary duty to vote to have the WPA bring
that suit as plaintiffs on behalf of our membership.
The Richter Law Firm in Mount Pleasant, SC has been provided with a large amount
of documentation which supports the facts that Attorney Winslow completely erred
in his official opinion regarding the ownership of the canals as well as his
advice that the Board had a legal right to require “special assessments” against
all canal lot owners. This firm is ready and willing to pursue this litigation
and believes we have a very strong case.
There is also another suit that will be filed soon by a group of our members for
“Breach of Contract” resulting from the prior board’s vote to issue a “special
assessment” against the canal lot owners and to determine once and for all
whether maintaining the canals constitutes a “general benefit” to the entire
plantation.
That suit could result in having to return illegal assessments to our
membership. Now, where will the funds come from to meet that requirement? It
should be borne by a suit against Thomas Winslow and the Bell Law Firm who
provided the legal advice that has put this Association in such legal jeopardy.
Each and every one of you must be aware that to vote no on a motion to proceed
with this litigation will place you in jeopardy of being individually sued for
failure to act in the best interests of our membership, in other words, failure
to accept your fiduciary duty and act accordingly.
Why would you not vote to do so? Mr. Winslow acted negligently over and over in
his advice to the Board that has so harmed this community.
If you unfortunately choose to not accept this opportunity to hire the Richter
Law Firm and attempt to recover much needed funds for our Association treasury,
then a group of our residents will go forward and bring that suit. In that
case, when we win, it will be our decision as to how the proceeds of that suit
will be distributed to the membership.
Please consider this decision very carefully. Your vote is very important. You
do not want to place yourself in very personal legal jeopardy. This is
definitely not our desire.
Enter resident Morabit. He spoke in one of the two resident speaker slots in February on "Unification of the WPA" He is back again in March to finish his presentation. It is linked in concept to the threatening letter. There was no unification but recommendations of lawsuits. To read his presentation please scroll to the bottom of the blog to Archives, hit March 2012, and select "The Rest of the Story - Resident Morabit's Full Presentation Document".
Your Board gave resident Morabit the opportunity to use the resident speaker slot two months in a row to cover the same topic. Most of us get one five minute shot.
A motion was offered by Barrier for the Board to adopt at least one of Morabit's objectives - suing the Bell Legal firm regarding Attorney Winslow's supposed incompetence. It failed. You can hear it by going to The Wedgefield Times. it appears about 202.51 minutes into the recording.
Your Board failed to inform you of Walter's resignation, failed to tell you of the threat, and finally failed to report Barrier's motion in the approved March minutes. The three items are intricately linked. DeMarchi and Anderson played a role in it. They must also be of the belief that you don't deserve complete information, because they are in charge. They know best.
Finally, from the March minutes under old business, "Management Company contract was finalized and a motion was made by John McBride and seconded by Janine Cline to proceed and adopt signing a contract with the management company. The motion was passed with a 7-1 vote." Who voted no? How much is the total contract amount. What is the name of the company? More sanitized minutes? I asked the Board to post the contract. They won't. Why protect a vendor to this degree? Remember, in the past we have had contractors with no license or insurance, contracts with no total amount, and "no contract" vendors when there should have been a contract -even under the poorest of business standards. Again, I hold the entire board responsible for the events of the March meeting. DeMarchi and Anderson played their parts and they are running for Board.
Remember, there is a fourth candidate - Taco Wijthoff. He has never served on the Board, has signed a pledge to the residents and is the only candidate who is not tinged by cover ups and sanitized minutes.
Let the record stand, speak for itself. You'll have to decide as we move through the votes and actions of end of 2011 through current 2012, and who you'll vote for. Our fifth article in the series will cover April 2012 - coming soon. Candidate/Board Member John Walton enters in time for the April Meeting. He has been appointed to fill the vacancy left by Walters.
Anyone is welcome to write to The Wedgefield Examiner via email: wedgefieldexaminer@yahoo.com. Remember to note whether you would like your name published with your article. The option is open to anyone who writes.
Subject: Forwarded email for all Board members
Board members: Friday afternoon, March 16, I was asked in a phone conversation
to send you the following message under my name. I won't sign it since I didn't
write it. Make no mistake about it, though. I agree with its content. Its
purpose is to ask you to seriously consider the motion that will be put before
you this evening concerning its content. It also points out " that each of you
has a fiduciary duty to vote to have the WPA bring suit as plaintiffs on behalf
of our membership." No response to me is needed! It's for you to digest.
_______________________________________________________________________________
________________________________________________________________________________
___________________________________________________
Dear Board:
It is vitally important that you are aware that a suit will be brought against
Attorney Thomas Winslow and the Bell Law Firm for malpractice in his
representation of the Wedgefield Plantation Association. The most egregious
legal advice pertained to his opinions and counsel concerning the board’s rights
and actions that resulted in using Association funds for the dredging of the
canals at Wedgefield Plantation. What is even more important is that you
realize that each of you have a fiduciary duty to vote to have the WPA bring
that suit as plaintiffs on behalf of our membership.
The Richter Law Firm in Mount Pleasant, SC has been provided with a large amount
of documentation which supports the facts that Attorney Winslow completely erred
in his official opinion regarding the ownership of the canals as well as his
advice that the Board had a legal right to require “special assessments” against
all canal lot owners. This firm is ready and willing to pursue this litigation
and believes we have a very strong case.
There is also another suit that will be filed soon by a group of our members for
“Breach of Contract” resulting from the prior board’s vote to issue a “special
assessment” against the canal lot owners and to determine once and for all
whether maintaining the canals constitutes a “general benefit” to the entire
plantation.
That suit could result in having to return illegal assessments to our
membership. Now, where will the funds come from to meet that requirement? It
should be borne by a suit against Thomas Winslow and the Bell Law Firm who
provided the legal advice that has put this Association in such legal jeopardy.
Each and every one of you must be aware that to vote no on a motion to proceed
with this litigation will place you in jeopardy of being individually sued for
failure to act in the best interests of our membership, in other words, failure
to accept your fiduciary duty and act accordingly.
Why would you not vote to do so? Mr. Winslow acted negligently over and over in
his advice to the Board that has so harmed this community.
If you unfortunately choose to not accept this opportunity to hire the Richter
Law Firm and attempt to recover much needed funds for our Association treasury,
then a group of our residents will go forward and bring that suit. In that
case, when we win, it will be our decision as to how the proceeds of that suit
will be distributed to the membership.
Please consider this decision very carefully. Your vote is very important. You
do not want to place yourself in very personal legal jeopardy. This is
definitely not our desire.
Enter resident Morabit. He spoke in one of the two resident speaker slots in February on "Unification of the WPA" He is back again in March to finish his presentation. It is linked in concept to the threatening letter. There was no unification but recommendations of lawsuits. To read his presentation please scroll to the bottom of the blog to Archives, hit March 2012, and select "The Rest of the Story - Resident Morabit's Full Presentation Document".
Your Board gave resident Morabit the opportunity to use the resident speaker slot two months in a row to cover the same topic. Most of us get one five minute shot.
A motion was offered by Barrier for the Board to adopt at least one of Morabit's objectives - suing the Bell Legal firm regarding Attorney Winslow's supposed incompetence. It failed. You can hear it by going to The Wedgefield Times. it appears about 202.51 minutes into the recording.
Your Board failed to inform you of Walter's resignation, failed to tell you of the threat, and finally failed to report Barrier's motion in the approved March minutes. The three items are intricately linked. DeMarchi and Anderson played a role in it. They must also be of the belief that you don't deserve complete information, because they are in charge. They know best.
Finally, from the March minutes under old business, "Management Company contract was finalized and a motion was made by John McBride and seconded by Janine Cline to proceed and adopt signing a contract with the management company. The motion was passed with a 7-1 vote." Who voted no? How much is the total contract amount. What is the name of the company? More sanitized minutes? I asked the Board to post the contract. They won't. Why protect a vendor to this degree? Remember, in the past we have had contractors with no license or insurance, contracts with no total amount, and "no contract" vendors when there should have been a contract -even under the poorest of business standards. Again, I hold the entire board responsible for the events of the March meeting. DeMarchi and Anderson played their parts and they are running for Board.
Remember, there is a fourth candidate - Taco Wijthoff. He has never served on the Board, has signed a pledge to the residents and is the only candidate who is not tinged by cover ups and sanitized minutes.
Let the record stand, speak for itself. You'll have to decide as we move through the votes and actions of end of 2011 through current 2012, and who you'll vote for. Our fifth article in the series will cover April 2012 - coming soon. Candidate/Board Member John Walton enters in time for the April Meeting. He has been appointed to fill the vacancy left by Walters.
Anyone is welcome to write to The Wedgefield Examiner via email: wedgefieldexaminer@yahoo.com. Remember to note whether you would like your name published with your article. The option is open to anyone who writes.
