SOME RESIDENTS ARE GOING BACK TO SEPTEMBER 2016 ON THE BLOG TO RESEARCH THE CURRENT DREDGING PROPOSAL MESS - ILLEGAL. I'M REPOSTING BOARD MEMBER ANDERSON'S LETTER TO THE BLOG
The following has been submitted to The Wedgefield Examiner. It is presented as sent, without comment from the Wedgefield Examiner. It is another opinion. NOTE: NO DOCUMENTATION HAS BEEN PROVIDED TO SUPPORT THE CLAIMS MADE WITHIN THE DOCUMENT. If you have an opinion, you are welcome to send it to wedgefieldexaminerthe@yahoo.com. Unless requested otherwise, I will remove the name of the writer.
HERE IS THE LETTER:
HERE IS THE LETTER:
October 28th, 2016
Madeline,
I would like to make an honest attempt at clearing up some information about the water amenities committee’s approach to canal dredging and simply outline the reasons we have chosen this course of action. We have studied the dredging issue for many years. We all experienced what the 2009 dredging did to our community. It was incredibly divisive and ripped the neighborhood apart. Our #1 priority in attempting this phase of dredging was to avoid anything that would initiate a repeat of the controversies surrounding the 2009 dredging. Every committee member and member of the board is in total agreement with this approach. There will never be a dredging plan that pleases everyone. There are those that feel every lot throughout the plantation should be assessed equally, and then there are those that feel the canal should be completely ignored by the WPA. What we have always tried to do is find that middle ground.That is how things get done. That has been our approach from day one.
Allow me to outline what our intentions are.
Every since the 2009 dredging was completed we have known that a second phase of dredging would be needed. That's the way it was engineered. We looked at all of the possible ways to assess for dredging without the controversies that surrounded the 2009 dredging. The board began allocating 15% of it’s budget 5 years ago. We needed a plan to come up with the rest. The ruling in the lawsuit challenging the individual assessment was that the 2009 board overreached its authority by using the individual assessment for the purpose of canal dredging. Whether or not you agree with this ruling,whether or not you think it was not a “real” judge,or if you think it is an invalid ruling, is not really relevant. The WPA board decided to accept the ruling and not appeal it on the advice of the WPA attorney. In a meeting with the attorney he laid out all the reasons for and against an appeal and made a compelling case as to why we should accept it and move on. We took his advice. You are certainly free to criticize that decision, but it doesn't change the fact that the WPA had a weak case and faced a very expensive and uphill battle to win an appeal. We then began to look at the possibility of dredging using the monies allocated by the WPA . While not enough to completely fund a maintenance dredge, it is a significant amount. We then put together a plan to privately raise the remaining amounts through voluntary contributions. We realize this plan is not perfect but it is our only logical and ethical way to dredge. The WPA board will not do another individual assessment, and frankly would be foolish to do so again after having lost the lawsuit. The only other legal way would be to assess everyone an equal amount, which we feel is grossly unfair and would result in more controversy and litigation,something we desperately want to avoid. Our plan is clean and simple.The WPA contributes up to ⅓ of the cost and we raise the remaining ⅔ from private donations. It’s the only way this will ever happen again. If this plan fails, there is no plan B. It’s over, and your water access behind your home will be no more. There will never be a WPA board willing to do what you suggest, and do another individual assessment. The only other option the canal lot owners have is to file litigation against the WPA for failing to maintain the canals. That would be a ridiculous course of action for many reasons. It would be incredibly expensive and the money needed to pay for attorneys would need to be privately raised. Why not spend that money on dredging??? It would be an uphill battle that would take years to finish. We would need to prove the WPA has an obligation to maintain the canals.Our covenants are weak, judges are lazy, and attorneys are greedy. It is simply not a risk I would be willing to take. All the while the canals would be filling in every day and the permit closer to expiring. That time and those resources could be better spent on actual dredging. Our plan gets this done in 18 months and give us 10-15 years of usable enjoyment out of the canals. We have no interest in spending countless dollars and years of fighting.
I respect you and what you do with your blog, even if I disagree with its content. Debate can be a healthy thing and I believe that is how you find the middle ground and actually get things accomplished. I believe that is what we have done here. We have listened to every conceivable opinion on dredging and drawn on those opinions in coming up with this plan. This is the best we can do.You have stated in your blog that you agree in principal with our plan, just not the private fundraising aspect. As someone that served on the WPA board during the 2009 dredging, I shouldn't have to tell you how difficult this issue can be. We have been openly discussing canal dredging for about 6 months now and haven't really heard any negative feedback from the residents most staunchly opposed to it last time. Most canal lot owners are also supportive and appreciative of our efforts. The Board of Directors is supportive. That indicates to us that we have found that middle ground that might just allow us to accomplish our goals without the controversies of the past.
I appreciate you allowing us to use your forum to present our point of view. We realize it is unlikely that we will ever have your support and we accept that. We are not bad people. We are not the manipulative, secretive, incompetent scoundrels you sometimes suggest we are.You seem to have a vendetta against us and our ideas but I ask you, what is your plan? What are you doing for canal lot owners? You often speak of our “governing documents” but our covenants are so weak and poorly written and outdated. Do you really think an individual assessment is going to happen? Do you think this course of action you are on is constructive? You are trying to destroy our efforts and the efforts of those that have worked tirelessly and donated tens of thousands of dollars to obtain the permit. And you seem hell bent on simply being “right”. What do you think you accomplish if you can suppress our efforts? The permit expires in 2018 and then it's over. Done! It will never be dredged again if we fail. We have a very realistic chance at accomplishing our goal. If you wish not to contribute to our efforts we certainly respect your decision. There are certain realities canal lot owners must accept. This plan is as close to perfect as we will ever get concerning dredging and we are united and as determined as ever to get this done. You will certainly continue to trash our efforts,but for every hour you work to hurt us, we will work 10 for the betterment of the canal community and Wedgefield as a whole.
I will never understand your way of thinking, but I will respect your right to voice your opinion. Thank you for allowing me to voice mine.
For the water amenities committee,
Adam Anderson
THE WEDGEFIELD EXAMINER REPOSTS HER RESPONSE TO BOARD MEMBER ANDERSON'S LETTER TO THE BLOG, SEPTEMBER 2016
n order for you to understand what this article is about you will have to read the letter sent to The Wedgefield Examiner that is posted immediately above this one. I'm sure that I will have comments beyond these, but my day is scheduled full of appointments. The first items that jumped out at me were these:
1)"And you seem hell bent on simply being “right”.
Most of us want to be right, In this case it is not so important that I be right, but I do set myself up to be sued in providing the blog, so I document everything. My audience doesn't have to take my word, I present back up to everything.
The intention of the blog is to make sure that my board is doing the right thing for my community. It is more important, board member, Anderson that you as a board member live up to operating under the guidance of our governing documents, whether you like them, or not. You speak of all these conversations, and approvals by groups previously against dredging, and yet there is no documentation when you met with these people, and how they got invited when we didn't.
My expectation, unrealistic as it may seem to you, and my board is that you perform your duties to the benefit of all members, under the restrictions, and covenants that you personally signed, and therefore promised to uphold. Here is the document, and your promise to each of us, when you took office. So I'm calling on you, your committee, and your fellow board members to keep your word.
2) "What are you doing for canal lot owners? You often speak of our “governing documents” but our covenants are so weak and poorly written and outdated."
What am I doing for canal lot owners? Asking them to force you, your committee, and fellow board members to live up to your responsibilities under those detested governing documents, and you aren't. We all have an opinion. We all bought our properties - golf course, condo, or canal, believing any board would have to live up to the governing documents that our deeds said you would govern us under. Perhaps, you, or your committee, or fellow board members would tell my fellow canal lot owners when you voted, who voted, who witnessed, this board's vote to give the canal maintenance effort $135,000 of our WPA funds. I would hate to see someone sue, halt the project, because you, your committee, and fellow board members have been leading the project down a very slippery slope.
I'm advising canal lot owners that this project is illegal, and divisive, by the manner in which you have structured it, and it does nothing to benefit property values overall, or for our fellow members in the condos, or on the golf course, at a time when the golf course is a mess, and general maintenance is even worse.
3) "We have been openly discussing canal dredging for about 6 months now and haven't really heard any negative feedback from the residents most staunchly opposed to it last time."
1)"And you seem hell bent on simply being “right”.
Most of us want to be right, In this case it is not so important that I be right, but I do set myself up to be sued in providing the blog, so I document everything. My audience doesn't have to take my word, I present back up to everything.
The intention of the blog is to make sure that my board is doing the right thing for my community. It is more important, board member, Anderson that you as a board member live up to operating under the guidance of our governing documents, whether you like them, or not. You speak of all these conversations, and approvals by groups previously against dredging, and yet there is no documentation when you met with these people, and how they got invited when we didn't.
My expectation, unrealistic as it may seem to you, and my board is that you perform your duties to the benefit of all members, under the restrictions, and covenants that you personally signed, and therefore promised to uphold. Here is the document, and your promise to each of us, when you took office. So I'm calling on you, your committee, and your fellow board members to keep your word.
WEDGEFIELD PLANTATION ASSOCIATION POLICY MANUAL
CODE OF ETHICS
CODE OF ETHICS
Appendix IV-1
Directors shall act with scrupulous good faith and candor. They will avoid even the perception of conflict of interest, favoritism and acting out of self-interest.
Directors shall uphold and safeguard the Bylaws, Conditions, Restrictions and Policies governing Wedgefield Plantation Association.
___________________________________________________________________________ Board Member Date
Directors shall uphold and safeguard the Bylaws, Conditions, Restrictions and Policies governing Wedgefield Plantation Association.
___________________________________________________________________________ Board Member Date
2) "What are you doing for canal lot owners? You often speak of our “governing documents” but our covenants are so weak and poorly written and outdated."
What am I doing for canal lot owners? Asking them to force you, your committee, and fellow board members to live up to your responsibilities under those detested governing documents, and you aren't. We all have an opinion. We all bought our properties - golf course, condo, or canal, believing any board would have to live up to the governing documents that our deeds said you would govern us under. Perhaps, you, or your committee, or fellow board members would tell my fellow canal lot owners when you voted, who voted, who witnessed, this board's vote to give the canal maintenance effort $135,000 of our WPA funds. I would hate to see someone sue, halt the project, because you, your committee, and fellow board members have been leading the project down a very slippery slope.
I'm advising canal lot owners that this project is illegal, and divisive, by the manner in which you have structured it, and it does nothing to benefit property values overall, or for our fellow members in the condos, or on the golf course, at a time when the golf course is a mess, and general maintenance is even worse.
3) "We have been openly discussing canal dredging for about 6 months now and haven't really heard any negative feedback from the residents most staunchly opposed to it last time."
Would you provide me the dates, and the minutes from all those open discussions, because I've looked at the WPA website, and can't locate them - not even in the official minutes.
PART II ADDED SEPTEMBER 29
PART II - SEPTEMBER 29
4) "If this plan fails, there is no plan B. It’s over, and your water access behind your home will be no more. There will never be a WPA board willing to do what you suggest, and do another individual assessment. The only other option the canal lot owners have is to file litigation against the WPA for failing to maintain the canals. That would be a ridiculous course of action for many reasons. It would be incredibly expensive and the money needed to pay for attorneys would need to be privately raised. Why not spend that money on dredging??? It would be an uphill battle that would take years to finish. We would need to prove the WPA has an obligation to maintain the canals.Our covenants are weak, judges are lazy, and attorneys are greedy".
"If this plan fails, there is no plan B." That is just poor planning, and another indication that this committee, and board, with no documented meetings of discussion, and a vote, at the board table, has just been hell bent on following this questionable, illegal, legal chair. "Our covenants are weak, judges are lazy, and attorneys are greedy". This board has had to search through a number of "greedy" and dysfunctional lawyers, to find just the right one to give the opinion that legal chair/Garrison wanted. It appears divisive on the part of the committee, and board to make these statements about the very attorneys - some referees, and your claim to rulings, and judgements. I am no advocate of court, but to speak of judges with the distain you have for them, as a board member is questionable, when you've tried to attach judge to certain of your glorified greedy lawyers. Can we as members, trust you, your committee, and our board on any level? I think not! If I were this board, a court room, and a judge, would be one of the last places I would want to be, because I don't know how you would be able to defend the actions of this board, on any issue, let alone the canals, because this board is not following the requirements of our governing documents, on any level - no votes on $135,000, no discussions, and no plan B. You'd have no chance of winning, and this whole board has total disregard for our governing documents. Thank you for putting your opinion regarding our governing documents, in writing.
I question the integrity of the canal committee/board members: you, McMillin, Johnson, John Walton, in the matter of the high regard you present for yourselves, in your representation of the canal lot owners. If you wanted to look at options, and you really wanted to have a plan B, why did you let the rest of your board, our president, and legal chair cover up that moment in time when if you are a canal lot owner, WE HAD WON on BOTH TYPES OF ASSESSMENT? Actually we had won, and the victory papers laid around for about a year, and a half, without being mentioned. It was that long before anyone thought that there had to be some changes made (Go back to your official minutes.) This shows the divisiveness of your statements, and the apparent willingness to cover up good news, which would have not only helped the canal lot owners in the future, but aided in the resolution of every type of lot owner problem. At the 2015 Annual Meeting, when I asked a question, now recently resigned board member, DeMarchi said that when he saw those rulings (not) he was so happy that we had won, that he wanted to hold a parade on Wedgefield Rd. Yet, this is what Garrison reported in the minutes of the October 2013 WPA Board Meeting:
Why didn't you, McMillin, Johnson, or John Walton, ask that Garrison explain what the order contained, as the strong, legal, non divisive canal lot representatives that you declare yourselves to be? Need time to come up with a reason not to win? I believe that if one of your lazy judges saw this, he/she would question your motives, let alone the rest of the board. "You will certainly continue to trash our efforts,but for every hour you work to hurt us, we will work 10 for the betterment of the canal community and Wedgefield as a whole." It is no wonder it takes you 10 hours VS one hour of my work. It is easier to provide truth, than construct a fabrication of the truth. I hate it when people like you try to kill the messenger of truth. You aren't, I'm stronger than that, and these issues are too important.
PART III ADDED 9/30
"There will never be a dredging plan that pleases everyone."
No, there never will be a dredging plan that pleases everyone, however, you, your committee, and your board have not acted in anyway that is legal according to our governing documents. I'm not publishing all those documents again. Regular readers of the blog know that I have presented all the necessary back up documents in previous articles. I have asked that you show me, and all of the membership, exactly what governing documents you have followed. I've asked you to name the dates, and times of the meetings where all these opinions within the board, and outside - with the membership, were gathered. I have asked you to give me reference to the date, and meeting notes where the board committed openly, and honestly, - discussed and voted -the $135,000 contribution to the dredging. I don't believe you can supply that information. This has been nothing but a secret operation - an illegal operation. You have spent more time damming the facts, rather than proving me wrong. Quite frankly, the entire board should be removed for their illegalities. What is worse, is for all your accusations, you have divided this community again by your actions, not my words, to benefit one group the canal lot owners - us first no matter what.
This is important because every member in Wedgefield is being impacted again - something you swear you avoided, because of the $135,000. Each, and every member household contributed, and you are using this money at a time when every lot owner in Wedgefield has a real need for the specific problems related to their lot asset to be addressed. None of the needs of all the lot owners are being addressed, and yet you will take $135,000 out of "all members money", to fix yours - illegally. You should not be talking to me, or anyone else about the intangible feelings driving your decisions. You should be showing the entire membership how you are doing it legally, and you are not, because you can't. What is worse is that you, and this entire board are making poor decisions - illegal decisions - about general maintenance, and ARC, and you address them, only when pushed by residents during the resident comment section of the monthly board meetings, and then this board sits on their hands, and allows Garrison to be just about the sole speaker, on all subjects, and he is often rude, and crude to the resident's questions, particularly if the resident comes armed with our governing documents. This board is illegal in every aspect of their work. Our governing documents are being ignored in every aspect of your work. You answer to no one with real authority because you don't have a legal leg to stand on. You'll make anyone who questions, the community enemy.
"You are trying to destroy our efforts and the efforts of those that have worked tirelessly and donated tens of thousands of dollars to obtain the permit. And you seem hell bent on simply being “right”. What do you think you accomplish if you can suppress our efforts? The permit expires in 2018 and then it's over. Done! It will never be dredged again if we fail."
I want the canals dredged. I want you, your committee, and your board to do this openly, honestly, and legally. I, as a canal lot owner living here from 2004 on, donated every time I was asked, to that permit. I lived under 4-5 years of lawsuit, contributed to the countersuit, spent hours, observing depositions, being deposed, and providing and reviewing discovery documents. All the while, WPA governing documents were being torn apart from both sides. You, your committee, and your board, would have nothing to bring to that legal setting. You have no meeting dates, no votes from the board table, etc. I will not participate, nor should my fellow canal lot owners, until you show us where the board has met, any of our governing documents requirements. You can't.
"The permit expires in 2018 and then it's over."
This to my knowledge, and at some point, I reviewed the permit, is a half truth intended to incite fear. As I recall, there is a clause in the permit itself that provides for a extension of time. You don't have to start all over again, you simply have to apply. You should not be moving forward with a dredge today, under the illegal guidance of this committee, and board, when all of Wedgefield is in such a mess. You, your committee, and board should get your illegal acts together, and clean up every corner of Wedgefield - ARC, vacant lots, and general grounds maintenance, and include a legal plan to help every lot owner.
"Our plan gets this done in 18 months and give us 10-15 years of usable enjoyment out of the canals. "
This is so short sighted, that I can't believe that you would even state it. No plan B. No long term resolution to future problems. Dredge now, without thought to the future, and enjoy 10-15 years of enjoyment, because this is it. If you dredge, you are one storm/flood away from being where you are today. According to you, this is it. So without a long term plan, you could be done in one year. I didn't buy my property with a dead line on water being in my back yard. Your so called plan isn't good for us individually, and it isn't good for property values anywhere in Wedgefield.
HERE'S MY PLAN:
*Extend the permit.
*Use the governing documents we have, like them, or not
*Hold regular monthly meetings with a real agenda, discussion, and votes.
*Throw out the whole committee, and start with a new one that is willing to develop a long term plan.
*Get rid of as many of the current board members who allowed this, and all the disastrous conditions throughout Wedgefield to develop. Four are up for re-election. A start can be made by voting no for Jacky Walton, Garrison, Johnson, and Phillips.
*Clean up the legal committee. Get a new chair, and committee members. They have been hiding too much, and not even getting written legal opinions.
*Clean up the compliance committee. It is an obvious conflict of function to have the same person (Garrison) serve as legal chair, and the compliance chair. Get a new chair, add more residents to the committee, and charge the compliance committee with doing a records audit of the actions of this board for at least two years. Follow every contract from procurement forward. Review all associated board actions against the governing documents. Issue a report to the community.
COMING UP NEXT: THE WEDGEFIELD EXAMINER WILL PUBLISH BOARD MEMBER ANDERSON'S REBUTTAL TO THE COMMENTS I HAVE MADE ON HIS ORIGINAL LETTER TO THE BLOG.
PART II - SEPTEMBER 29
4) "If this plan fails, there is no plan B. It’s over, and your water access behind your home will be no more. There will never be a WPA board willing to do what you suggest, and do another individual assessment. The only other option the canal lot owners have is to file litigation against the WPA for failing to maintain the canals. That would be a ridiculous course of action for many reasons. It would be incredibly expensive and the money needed to pay for attorneys would need to be privately raised. Why not spend that money on dredging??? It would be an uphill battle that would take years to finish. We would need to prove the WPA has an obligation to maintain the canals.Our covenants are weak, judges are lazy, and attorneys are greedy".
"If this plan fails, there is no plan B." That is just poor planning, and another indication that this committee, and board, with no documented meetings of discussion, and a vote, at the board table, has just been hell bent on following this questionable, illegal, legal chair. "Our covenants are weak, judges are lazy, and attorneys are greedy". This board has had to search through a number of "greedy" and dysfunctional lawyers, to find just the right one to give the opinion that legal chair/Garrison wanted. It appears divisive on the part of the committee, and board to make these statements about the very attorneys - some referees, and your claim to rulings, and judgements. I am no advocate of court, but to speak of judges with the distain you have for them, as a board member is questionable, when you've tried to attach judge to certain of your glorified greedy lawyers. Can we as members, trust you, your committee, and our board on any level? I think not! If I were this board, a court room, and a judge, would be one of the last places I would want to be, because I don't know how you would be able to defend the actions of this board, on any issue, let alone the canals, because this board is not following the requirements of our governing documents, on any level - no votes on $135,000, no discussions, and no plan B. You'd have no chance of winning, and this whole board has total disregard for our governing documents. Thank you for putting your opinion regarding our governing documents, in writing.
I question the integrity of the canal committee/board members: you, McMillin, Johnson, John Walton, in the matter of the high regard you present for yourselves, in your representation of the canal lot owners. If you wanted to look at options, and you really wanted to have a plan B, why did you let the rest of your board, our president, and legal chair cover up that moment in time when if you are a canal lot owner, WE HAD WON on BOTH TYPES OF ASSESSMENT? Actually we had won, and the victory papers laid around for about a year, and a half, without being mentioned. It was that long before anyone thought that there had to be some changes made (Go back to your official minutes.) This shows the divisiveness of your statements, and the apparent willingness to cover up good news, which would have not only helped the canal lot owners in the future, but aided in the resolution of every type of lot owner problem. At the 2015 Annual Meeting, when I asked a question, now recently resigned board member, DeMarchi said that when he saw those rulings (not) he was so happy that we had won, that he wanted to hold a parade on Wedgefield Rd. Yet, this is what Garrison reported in the minutes of the October 2013 WPA Board Meeting:
- "He also stated that a copy of the order from the Special Referee is in the office. This is regarding the 2 canal properties that have not paid the $5,000."
PART III ADDED 9/30
"There will never be a dredging plan that pleases everyone."
No, there never will be a dredging plan that pleases everyone, however, you, your committee, and your board have not acted in anyway that is legal according to our governing documents. I'm not publishing all those documents again. Regular readers of the blog know that I have presented all the necessary back up documents in previous articles. I have asked that you show me, and all of the membership, exactly what governing documents you have followed. I've asked you to name the dates, and times of the meetings where all these opinions within the board, and outside - with the membership, were gathered. I have asked you to give me reference to the date, and meeting notes where the board committed openly, and honestly, - discussed and voted -the $135,000 contribution to the dredging. I don't believe you can supply that information. This has been nothing but a secret operation - an illegal operation. You have spent more time damming the facts, rather than proving me wrong. Quite frankly, the entire board should be removed for their illegalities. What is worse, is for all your accusations, you have divided this community again by your actions, not my words, to benefit one group the canal lot owners - us first no matter what.
This is important because every member in Wedgefield is being impacted again - something you swear you avoided, because of the $135,000. Each, and every member household contributed, and you are using this money at a time when every lot owner in Wedgefield has a real need for the specific problems related to their lot asset to be addressed. None of the needs of all the lot owners are being addressed, and yet you will take $135,000 out of "all members money", to fix yours - illegally. You should not be talking to me, or anyone else about the intangible feelings driving your decisions. You should be showing the entire membership how you are doing it legally, and you are not, because you can't. What is worse is that you, and this entire board are making poor decisions - illegal decisions - about general maintenance, and ARC, and you address them, only when pushed by residents during the resident comment section of the monthly board meetings, and then this board sits on their hands, and allows Garrison to be just about the sole speaker, on all subjects, and he is often rude, and crude to the resident's questions, particularly if the resident comes armed with our governing documents. This board is illegal in every aspect of their work. Our governing documents are being ignored in every aspect of your work. You answer to no one with real authority because you don't have a legal leg to stand on. You'll make anyone who questions, the community enemy.
"You are trying to destroy our efforts and the efforts of those that have worked tirelessly and donated tens of thousands of dollars to obtain the permit. And you seem hell bent on simply being “right”. What do you think you accomplish if you can suppress our efforts? The permit expires in 2018 and then it's over. Done! It will never be dredged again if we fail."
I want the canals dredged. I want you, your committee, and your board to do this openly, honestly, and legally. I, as a canal lot owner living here from 2004 on, donated every time I was asked, to that permit. I lived under 4-5 years of lawsuit, contributed to the countersuit, spent hours, observing depositions, being deposed, and providing and reviewing discovery documents. All the while, WPA governing documents were being torn apart from both sides. You, your committee, and your board, would have nothing to bring to that legal setting. You have no meeting dates, no votes from the board table, etc. I will not participate, nor should my fellow canal lot owners, until you show us where the board has met, any of our governing documents requirements. You can't.
"The permit expires in 2018 and then it's over."
This to my knowledge, and at some point, I reviewed the permit, is a half truth intended to incite fear. As I recall, there is a clause in the permit itself that provides for a extension of time. You don't have to start all over again, you simply have to apply. You should not be moving forward with a dredge today, under the illegal guidance of this committee, and board, when all of Wedgefield is in such a mess. You, your committee, and board should get your illegal acts together, and clean up every corner of Wedgefield - ARC, vacant lots, and general grounds maintenance, and include a legal plan to help every lot owner.
"Our plan gets this done in 18 months and give us 10-15 years of usable enjoyment out of the canals. "
This is so short sighted, that I can't believe that you would even state it. No plan B. No long term resolution to future problems. Dredge now, without thought to the future, and enjoy 10-15 years of enjoyment, because this is it. If you dredge, you are one storm/flood away from being where you are today. According to you, this is it. So without a long term plan, you could be done in one year. I didn't buy my property with a dead line on water being in my back yard. Your so called plan isn't good for us individually, and it isn't good for property values anywhere in Wedgefield.
HERE'S MY PLAN:
*Extend the permit.
*Use the governing documents we have, like them, or not
*Hold regular monthly meetings with a real agenda, discussion, and votes.
*Throw out the whole committee, and start with a new one that is willing to develop a long term plan.
*Get rid of as many of the current board members who allowed this, and all the disastrous conditions throughout Wedgefield to develop. Four are up for re-election. A start can be made by voting no for Jacky Walton, Garrison, Johnson, and Phillips.
*Clean up the legal committee. Get a new chair, and committee members. They have been hiding too much, and not even getting written legal opinions.
*Clean up the compliance committee. It is an obvious conflict of function to have the same person (Garrison) serve as legal chair, and the compliance chair. Get a new chair, add more residents to the committee, and charge the compliance committee with doing a records audit of the actions of this board for at least two years. Follow every contract from procurement forward. Review all associated board actions against the governing documents. Issue a report to the community.
COMING UP NEXT: THE WEDGEFIELD EXAMINER WILL PUBLISH BOARD MEMBER ANDERSON'S REBUTTAL TO THE COMMENTS I HAVE MADE ON HIS ORIGINAL LETTER TO THE BLOG.
REPOST OF BOARD MEMBER ANDERSON'S REBUTTAL ON THE WEDGEFIELD EXAMINER'S COMMENTS TO HIS DREDGING LETTER
ANDERSON'S REBUTTAL:
Lot 48
I've provided back-up to my series of articles, prior to his initial letter. I've had no answer, as to when the board voted from the board table to give the $135,000 to the canal dredging. HERE IS THE QUOTE FROM THE HANDOUT PROVIDED BY THE WATER AMENITIES COMMITTEE, AT THE CANAL LOT OWNERS MEETING: "Meet with WPA leadership and garner their support and find out what they expect in order to gain that support. We did this on May 12 2016. We met with the president and vice president of the WPA to gather their ideas and support the project. They were receptive to our ideas. The general consensus of this meeting was if the waterfront properties can privately raise the money needed, the WPA will contribute the monies set aside for this purpose in the reserves. The WPA will allow the use of the WPA name, permit and will generally support the project so long as these contingencies are met. The WPA is willing to allocate up to 1/3 of the total cost not to exceed the reserve funding already in place. For the past 5 years the WPA has allocated roughly 15% of its yearly budget for canal dredging. This money is already in place and our plan will NOT cause any rise in assessments or cost ANYONE not living on the canal ANY additional money."
A little further into the handout we hear what else the WPA is willing to do, and I quote: "The WPA currently has approximately $115,000 earmarked for dredging and by next year that number will be in the $135,000 range. Once we have our funding in place the WPA will contribute their funding earmarked for dredging and then enter into a contract to dredge the canals. All of the permits, contracts, etc. will be in the WPA name. The WPA will be the responsible party." Go to the May 2016 board minutes provided below. Your board does not mention the May 12 meeting, let alone vote. The reserve fund for dredging, like all the other reserve funds, are not restricted. Speaking of the road reserve, I will remind Anderson that when we had the last road project, and the financial need to do a complete job, was more than the road reserve, the board voted, and took money from two of the other reserves to meet the need. They are not restricted reserves. Your board has made a contract with the canal lot owners, and 31 canal lot owners have depended on it, and paid their first monies for the studies. It is a contract, a bad contract, because your board has committed the monies - $135,000, and they are tied up for an indefinite period of time, because there is no deadline on it.
It is plainly illegal! As to the minutes, you'll note he refers to, I have posted them before, and I will again - after his rebuttal, for his benefit.
The permit has an extension clause. Ask Anderson, the committee, and your board what that is because he fails to address it in his rebuttal.
Board member, Anderson spends a lot of time attacking me, rather than citing what portion of the governing documents allowed the board to approve the $135,000 of our WPA money, away from the board table, and the membership. The approach from this board, has been to distract by demeaning the member questioner, rather than answer the question, and back it up with legal facts. He has two problems. First, they are dealing with a resident who has an established blog, and I must use back up facts, - minutes, governing documents, their transcribed words. Second, this member will not back down, until and when the board provides the back up that I request. They will never be able to do that because what they are doing is illegal, and they resort to lying to the membership. Read his rebuttal, and then look at the official minutes presented below. No one can destroy their efforts, if they are doing the right thing, nor would I want to halt the project. Your board is ignoring to many of our governing documents, in every aspect of their decision making.
Board member, Anderson, as far as your requiring from one candidate a plan to dredge the canals, why isn't the question - What are you going to do for all of Wedgefield legally, ethically, and within the governing documents, as required by any board member? Will you ask your short sighted, selfish question of every candidate? Give us all a deadline, and we all should have to answer, and I'd be happy to share every candidates answers on the blog.
As a candidate, I don't really care whether I win, or not. In fact, I have stated that from the beginning. I believe that I can do a good job. I am willing to do the work openly, honestly, according to our governing documents, not just for canal people, but every member circumstance. You won't find me telling a resident who has waited over 11 months for the board to answer him regarding ARC issues, that the board members are volunteers, and too busy!
If I don't win, it won't be a surprise, and I'll keep the blog going, and fight for Wedgefield, a better, legal Wedgefield from my home, and write to any entity that can come in and make this board do what it was elected to do, because you, and this whole board crew, aren't.
FOR YOUR, AND BOARD MEMBER ANDERSON HERE ARE THE MINUTES, HE SAYS WILL FIND ALL THAT INFORMATION.
MINUTES - DECEMBER 2015
MINUTES - JANUARY 2016
Madeline,
I will address these one at a time
1)"And you seem hell bent on simply being “right”.
Meaning “right” in your mind. You are so far far from being correct. You clearly don’t care at all about dredging or maintaining the canal. Like I said in my letter, there is no plan B. The permit expires in 2018 and then it's over. That must be what you want. The WPA has ZERO power to levy an individual assessment like you recommend and when you tell people not to give to our efforts you are trying to destroy what we have built and the tens of thousands of dollars that were donated to obtain the permit.
2) "What are you doing for canal lot owners? You often speak of our “governing documents” but our covenants are so weak and poorly written and outdated."
They are. It’s just a fact. Anyone that has ever read a set of covenants and restrictions from a similar development will tell you the same thing. There should have been a designation of zones that would allow the WPA to assess each zone independently. That is the way most HOA’s are set up. Ours unfortunately is not, and we are all paying the price. The WPA has only two options for canal dredging. Assess equally for all lots ( unfair, controversial, never going to happen) or our current plan. When I say what are you doing for canal lot owners I want to know what information you have that eludes the rest of us.The WPA lost the individual assessment lawsuit and did not appeal that decision. It’s over. That door is closed. In front of you is a plan that is fair and that will work. That is working. And you are doing everything you can do undermine it, for what exactly????
3) "We have been openly discussing canal dredging for about 6 months now and haven't really heard any negative feedback from the residents most staunchly opposed to it last time."
We began discussing this in April of this year and have had approximately one meeting a month ever since. These meetings have been reported at EVERY board meeting. There have been NO meetings with residents opposed to it last time. My comment was derived from the fact that as Community Liaison I have not seen ONE negative letter about the idea of dredging or our plan. What was the public outcry like in 2009 when you were on the board?
Again,I fail to understand your mindset.You want to destroy our efforts, with no viable ideas or plan of your own. You are misleading your followers. There is no other way to dredge. Our plan is solid. We have several amazing preliminary prices for the dredge work and once we get the engineering and surveying work complete residents are going to be thrilled at the prices. That, along with the WPA monies that have been set aside make our plan incredibly viable. And yes, there has been no vote to spend that money, just money placed in reserve. No different than it would be for a road or drainage project. But please, outline YOUR plans for dredging since you are a candidate for the board. I look forward to hearing them.
And you may print my name
Adam Anderson
Lot 48
I've provided back-up to my series of articles, prior to his initial letter. I've had no answer, as to when the board voted from the board table to give the $135,000 to the canal dredging. HERE IS THE QUOTE FROM THE HANDOUT PROVIDED BY THE WATER AMENITIES COMMITTEE, AT THE CANAL LOT OWNERS MEETING: "Meet with WPA leadership and garner their support and find out what they expect in order to gain that support. We did this on May 12 2016. We met with the president and vice president of the WPA to gather their ideas and support the project. They were receptive to our ideas. The general consensus of this meeting was if the waterfront properties can privately raise the money needed, the WPA will contribute the monies set aside for this purpose in the reserves. The WPA will allow the use of the WPA name, permit and will generally support the project so long as these contingencies are met. The WPA is willing to allocate up to 1/3 of the total cost not to exceed the reserve funding already in place. For the past 5 years the WPA has allocated roughly 15% of its yearly budget for canal dredging. This money is already in place and our plan will NOT cause any rise in assessments or cost ANYONE not living on the canal ANY additional money."
A little further into the handout we hear what else the WPA is willing to do, and I quote: "The WPA currently has approximately $115,000 earmarked for dredging and by next year that number will be in the $135,000 range. Once we have our funding in place the WPA will contribute their funding earmarked for dredging and then enter into a contract to dredge the canals. All of the permits, contracts, etc. will be in the WPA name. The WPA will be the responsible party." Go to the May 2016 board minutes provided below. Your board does not mention the May 12 meeting, let alone vote. The reserve fund for dredging, like all the other reserve funds, are not restricted. Speaking of the road reserve, I will remind Anderson that when we had the last road project, and the financial need to do a complete job, was more than the road reserve, the board voted, and took money from two of the other reserves to meet the need. They are not restricted reserves. Your board has made a contract with the canal lot owners, and 31 canal lot owners have depended on it, and paid their first monies for the studies. It is a contract, a bad contract, because your board has committed the monies - $135,000, and they are tied up for an indefinite period of time, because there is no deadline on it.
It is plainly illegal! As to the minutes, you'll note he refers to, I have posted them before, and I will again - after his rebuttal, for his benefit.
The permit has an extension clause. Ask Anderson, the committee, and your board what that is because he fails to address it in his rebuttal.
Board member, Anderson spends a lot of time attacking me, rather than citing what portion of the governing documents allowed the board to approve the $135,000 of our WPA money, away from the board table, and the membership. The approach from this board, has been to distract by demeaning the member questioner, rather than answer the question, and back it up with legal facts. He has two problems. First, they are dealing with a resident who has an established blog, and I must use back up facts, - minutes, governing documents, their transcribed words. Second, this member will not back down, until and when the board provides the back up that I request. They will never be able to do that because what they are doing is illegal, and they resort to lying to the membership. Read his rebuttal, and then look at the official minutes presented below. No one can destroy their efforts, if they are doing the right thing, nor would I want to halt the project. Your board is ignoring to many of our governing documents, in every aspect of their decision making.
Board member, Anderson, as far as your requiring from one candidate a plan to dredge the canals, why isn't the question - What are you going to do for all of Wedgefield legally, ethically, and within the governing documents, as required by any board member? Will you ask your short sighted, selfish question of every candidate? Give us all a deadline, and we all should have to answer, and I'd be happy to share every candidates answers on the blog.
As a candidate, I don't really care whether I win, or not. In fact, I have stated that from the beginning. I believe that I can do a good job. I am willing to do the work openly, honestly, according to our governing documents, not just for canal people, but every member circumstance. You won't find me telling a resident who has waited over 11 months for the board to answer him regarding ARC issues, that the board members are volunteers, and too busy!
If I don't win, it won't be a surprise, and I'll keep the blog going, and fight for Wedgefield, a better, legal Wedgefield from my home, and write to any entity that can come in and make this board do what it was elected to do, because you, and this whole board crew, aren't.
FOR YOUR, AND BOARD MEMBER ANDERSON HERE ARE THE MINUTES, HE SAYS WILL FIND ALL THAT INFORMATION.
MINUTES - DECEMBER 2015
Water Amenities: John Walton reported damage to marina road; an estimate of $1605 from Doug & Doug. Jacky suggested on getting a bid from JC Landscaping. John explained that he and Bob Garrison have filed with FEMA and WPA doesn’t meet their criteria.
MINUTES - JANUARY 2016
Water Amenities: Bob Garrison read John Walton’s report asking residents to report any boats speeding or doing anything illegal to take the boat number and call the DNR or law enforcement. WPA does not have the authority to do anything about it.
MINUTES - FEBRUARY 2016
MINUTES - MARCH 2016
MINUTES - APRIL 2016
MINUTES - FEBRUARY 2016
Water Amenities: John Walton thanked all the canal property owners about their concerns about the dumping of debris in the canals. He asked that if they see anyone dumping again to make sure they take pictures. If he doesn’t have pictures, there isn’t much he can do.
John Walton made a motion, Bob Garrison 2nd to have Chris Carroll, Jamie Cristello, Ed Wozniak, Larry McMillin, Adam Anderson and Keith Johnson to be added to the Water Amenities Committee. Passed with 6 ayes
MINUTES - MARCH 2016
Water Amenities: John Walton reported the marina project is completed. The bid was for 40 ton but could have used 60 tons. The boating season is upon us and John asked that all residents show courtesy to others while at the marina.
MINUTES - APRIL 2016
Water Amenities: John Walton reported he needs to order more marina cards. There are only three cards available in the office. John asked the board how much could be spend before having to get approval from the board. Bob Garrison replied he could spend up to $500 just needs one executive board member approval.
MINUTES - MAY 2016
Water Amenities: John Walton reported the committee has begun looking into doing a maintenance dredge on the canal. We met with Army Core of Engineering on May 10 to confirm that our permits are still valid and have reached out to several dredging contractors for estimates. We plan to have a meeting with the canal lot owners soon to discuss the dredging and what will be required from them in order to make this happen. We want this process to be open and to keep everyone informed of what is going on. We hope to have more to report next month. COMMENTS: "Keep EVERYONE INFORMED" Yet, not water amenities chair John Walton, or president Walton, or legal/compliance chair/vice president Garrison tell us that the Water Amenities Committee not only has been meeting for months without reporting it from the board table, but they met with Jacky Walton, and Garrison on May 12th, and that Walton and Garrison assure them - commit up to 1/3 of the total cost of dredging, not to exceed the amount in the canal reserve account, if certain requirements are met. I've reviewed the WPA website for announcements of meetings - open or closed, so it must have been a secret meeting.
John stated that people are using the landing without stickers. One resident was informed about needing stickers on vehicle and boat trailer. One resident is allowing an underage driver to put in at the landing, if residents see this call the sheriff department, nothing WPA can do. John Walton reported he will be looking into having a tow company available to tow vehicles if they are not abiding by the rules of the landing.
MINUTES - JUNE 2016
Water Amenities: John Walton reported
Boat Landing – Winyah Towing will now be our towing company for the landing parking area. He will be patrolling on his own as well as being on call and will tow vehicles not displaying proper identification. New signs have been installed per legal requirements.
Residents must affix and display a valid Wedgefield resident sticker in the lower left corner of vehicle windshield and on boat trailer or be subject to being towed as per policy manual section IX, paragraph 2.02
Vandalism – In the past month we have experienced vandalism at the landing area. While on routine inspection, I discovered the shielding had been deliberately broken and the wires for the big light that illuminates the boat ramp area had been cut. Committee member Larry McMillin immediately acted to have this repaired.
Dredging – The committee has been looking into getting bids for dredging. We have 4-5 contractors interested in bidding. The contractors are all asking for a hydrographic survey before they will place bids. This is the only way to accurately know how much needs to be removed. We are in the process of acquiring estimates from engineering firms for the hydrographic surveys.
We intend to have a meeting of canal lot owners soon to explain what we are doing and what will be needed to make this happen. We will have more details next month.
MINUTES - JULY 2016
Water Amenities: John Walton Absent, Adam Anderson read report
A meeting is being planned for mid-August for the waterfront property owners to discuss the idea of maintenance dredging of the canals and to discuss all aspects of the project. A letter will be mailed to all canal owners soon inviting them to this meeting.
MINUTES - AUGUST 2016
MINUTES - AUGUST 2016
Water Amenities: John Walton reported nothing new to report on the boat landing area at this time. The committee met with the Wedgefield Waterfront Property Owners for the first time on August 11th. The meeting was held to gauge interest in fund raising for canal dredging. It was a very positive meeting. We have started collecting money for Phase I of this project. Phase I will involve surveys needed for the canals and spoil site area. These are required by Army Corp. and dredging companies. The committee has started to receive funds for this phase of the project. I would like to thank my committee for covering all the printing, mailing, etc. cost. All funds where donated by the committee members.
