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Thursday, September 1, 2016

WHERE IS THE ARC COMMITTEE? THE QUESTION BECOMES MUCH MORE. REALITY REQUIRES THE QUESTION EXPAND TO READ, WHERE IS ARC, COMPLIANCE, LEGAL, AND THIS WHOLE BOARD - SUPPOSED TO BE KEEPERS OF WEDGEFIELD'S PROMISE?

As The Wedgefield Examiner begins the article, we have to include one more group in the question.  Where are you?  

The question does become bigger when we view what is happening to Wedgefield, overseen by a board that as a whole, and individual members,  ignore our governing documents - almost with pride, fail to serve all of Wedgefield, ignore each others ridiculous cover ups, to serve their own individual egos, agenda, and projects. 

We'll start with ARC.  Each month ARC chair, Keith Johnson reports new starts, additions, decks, tree cutting, etc., and deposit returns to builder, or homeowner, after home completion.  Residents who fail to comply - don't seek permits, etc. are fined.  Those actions taken against offender reports often come from Garrison, under one of his many board hats - either compliance, or legal, or vice president.  If a resident complains about a structure - fence, shed, etc.  It appears that community liaison, Anderson reports that he has received letters regarding this, this, and referred them to the appropriate chair to answer.

While I don't want to minimize the subject - title of this article, I have chosen to continue to follow one resident's journey, because in the end it involves ARC - first, the community liaison, president Jacky Walton, at least legal and compliance both chaired by Garrison, and every board member that has sat by, watched it unfold, and not questioned at the board table "what in the hell is going on".  It should be noted that the entire board at one point sits by, and listens to Garrison rudely attack the questioning resident, who has the audacity to attend several meetings, and ask questions about his complaint during the resident comment section provided at the end of each meeting.  We can't continue to allow any of these board members to be "held harmless".

I've published the resident's letter to the board, along with their pictures of the stated problem, quotes from the governing documents that substantiate the violations pictured as violations, maps and measurements from the county, that indicate the building is partially sitting on golf course property.  The complaining resident started their journey on Dec. 3, 2015.  Today is September 1st., and in two days, we'll have to note the 10th month anniversary, and we won't get to celebrate it with answers from this board.  Briefly, in outline form, here is his journey, and I'd like you to note just how many of these board members - names provided, failed - some attempting to cover up, but unfortunately they have a resident who doesn't give up until he moves the board to do the right thing, out in the open.  I watched him follow a project a few years ago, that took him over a year, working with government agencies, to show the board that they had done the wrong thing.  This time, as the last time, the entire board failed all of us, but last time it involved all of us, because it cost us $29,000 out of our WPA funds, much more later on, because most of the repaired areas had to be redone.

HERE IS THE OUTLINE:
1)  12/3/15, he walks into the WPA Office and writes his complaint, gives it to the paid office staff person.

2)  He hears nothing from the board, and for three months, the community liaison chair, Anderson, does not even report during WPA meetings that there has been a complaint.

3)  In the mean time, some of the board was aware that there was a complaint - unanswered & ignored, because board members, McMillin, and DeMarchi (now resigned) weigh in, verbally telling the resident that they agree with him.  That is never said from them, later on, as the resident presents his case during board meetings.

4)  On the day before the March board meeting, he takes another written letter to the board, including picture detail, of the problems, and quotes from the governing documents that substantiate his concerns that there are violations.  He also takes a related article from the WPA's own newsletter - developed by, and approved by the board, that support his concerns.

5)  He attends the March WPA Board Meeting, and during the resident comment section of the meeting, he tells the board that he has been waiting months, that the shed he is concerned about is placed partially off the owner's property, and that other violations include unsightly items piled along the side of the shed, including several gas tanks, 3 trailers parked in the yard, and a exposed gas tank on the house.  HE STATES THAT HE WANTS AN ANSWER IN WRITING FROM THE BOARD.  The almighty/powerful legal/compliance chair/vice president, Garrison, gives a long diatribe on how he sees the situation, and then becomes becomes insulting (as usual, whether you are a fellow board member - the only questioning board member we had - now off the board, or resident), and tells the member that just maybe people around him - don't much like the one (legal) boat and trailer, that he has in his yard.  Well, let's harass the legal guy, while spinning the merry go round of legal (not), ethical (not), governance (not - shirked ) by this board.

6) At around this point, ARC chair, Johnson tells the resident that the offender has been notified that he is in violation because he never applied, or therefore paid the associated fees, to ARC before setting the shed on the property.  He has paid the fees, and the fine.

7)  It appears that at some point the offender is notified by the board about the number of trailers parked in the yard, and he removes one.

8)  President Walton, speaks to the complaining resident, telling him that he has viewed the property that the shed is located on, and that it is on the property.

9)  In the mean time the complaining resident takes the county records measurements of the lot, and paces it off, and proves to himself, that the shed does partially reside on the golf course, contrary to what president Walton told him.

10)  The resident attends the August WPA board meeting, waits for the legal/appropriate time to speak, and he does during the resident comment section of the meeting.  The resident tells the board that he still doesn't  have a written answer from the board, and his complaint isn't resolved.  A few things should be noted here.  1)  Through all these months, the board never discussed these issues - not even in a report, and the delayed answer to a resident - not legal, compliance, ARC, vice president, or president.  We have to break out the detail of all that happened.

     a)  The board tells the complaining resident that they have
           advised the offender that he must find & show the
           corner markers of his property.  Why, president, "we/board
           have the expertise"?  You all - as in board usually claim
           you are the experts, when you, president Walton claimed
           verbally, that the shed resided on the property.

     b)  As it turns out, the offending property owner speaks out.
          He says the equivalent of "so what if it sits off my property
          I mow behind the shed, to the ditch."  Well looks like he
          shouldn't have to find the corner markers!  Just how
          did ARC, the entire board let this happen?

     c)  The complaining resident, asks the board what they are
          going to do about all the other discrepancies.

     d)  No, real answer then.  I spoke to the complaining resident
           in the last few days, and he still has no written answer
           from the board.

Why does it have to be like this?  Because, as residents, we have allowed it to get this bad.  I selected a update on this case, because it is so relevant as to further indicate the manner in which every member at the board table is failing us.  This ridiculous case is just one in pretty much everyday governance by this board.  Look around at the neglect, and the decay of not just our physical community appearance, but the manipulation of our governing documents - our legal guidance, in direct destruction of the Wedgefield promises, in our deeds.

How concerning is this situation, the canal dredging secrecy for months, lack of the board's willingness to call a meeting - open forum style - just to let the residents speak about their ideas about the golf course, etc.?  The situation is CRITICAL!  Let me add one more concern that clouds everything, causes doubt, on everything this board says, or does EVENTUALLY in half, or less disclosure.

It is often said in many differing situations, any where, that it would be best to seek legal advice.  First, I'm not spending any more time in this article about unwritten, paid for by us, legal opinions.  Read previously published articles on the blog, that provide documents, transcribed board member words, etc.  What is real is this.  We've had a long line of attorneys who have been hired and fired under Garrison's watch.  Our current attorney, selected by this board, is the WPA attorney, condo groups' attorney, I've been told (you ask him), president Walton's attorney.  Looks like a real problem to me, but add the dysfunction of this board, and it becomes CRITICAL.

What do I mean?  Let's use a real life Wedgefield example.  A resident, who has two properties in Wedgefield.  The second property is in the condo area.  The resident also serves in some capacity on a condo board.  The resident, as a condo owner made a complaint  about the conditions at a particular condo.  At the time, I published the pictures, and the conditions were deplorable.  The condo board after some written actions regarding clean up of the property,  benefitted to some degree, with partial clean up of the offending property, but the situation remained bad.  Finally, the condo board went to the attorney - same attorney as the WPA - maybe even same personal attorney to president Walton.  That very same attorney determined that he would make a physical visit to view the situation.  When he did, he drove around, and looked around the rest of the condo area, and noted some of the very same problems in many condo yards.  I'm told, that he stated that the condo board could not apply further sanctions on the condo they were concerned about, because they had accepted the conditions in too many other condo yards.

The CRITICAL PROBLEM then, for our board, in the situation discussed above, is our board, and all of it's members, and committees, have done the same.   DRIVE AROUND, AND LOOK WHAT WE HAVE!  Can it be fixed?  I believe so, but not with this board operating as they do.  It looks like after all their denial of problems, that they won't call for a clean up in writing to every member household, highlighting the appropriate governing documents.  I don't think they can do it with this attorney, not because I don't believe he was right, but because he has aided this board in allowing us to get to this point.  I DON'T BELIEVE THAT WE CAN BE SERVED BY AN ATTORNEY, WHO HAS VESTED INTERESTS IN TOO MANY ASSOCIATED PLACES, particularly with president Walton, and Garrison involved to the degree that they are, and the entire board has sat back, and let it happen.


If you have a comment regarding the following article, whether you agree, or not, or if you'd like to share a letter to the board, The Wedgefield Examiner will remove any identifying information, and share it on the blog.  Email:
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