RESIDENT SPEAKER, MORABIT CALLS FOR PEACE AND HARMONY - REALLY???

The topic of Morabit's presentation was, "A Plea for WPA Unification."  We all know the phrase "a wolf in sheeps' clothing".  That's how this presentation should have been titled. 

I've transcribed Morabit's presentation to the best of my ability.  I encourage you to read through and then go to the tape on the Wedgefield Times.  Morabit's comments will be provided in blue and mine will be in black.

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MORABIT'S PRESENTATION 

My name is Vince Morabit.  I live at 843 Wraggs Ferry, #104.  I'm a part time resident.  I own five properties.  I've owned property since 1983.  I love Wedgefield.  It is a beautiful place.

The subject of my presentation is "An Appeal For Unification."  As a part time resident I feel the real tensions and strain here.  I have great concern for my property values.  We are know as a hostile place.

I have no ax to grind.  I have spoken in opposition of the canal dredging allocations back awhile ago.  Right now I 'm speaking for the unification of Wedgefield.  I plead with the Board to have this occur.  Somebody needs to break the ice.  I know that you're trying and I know that it is a difficult issue for everybody to deal with.  We are divided.  We are not cohesive at Wedgefield.

My plea is to unify and it is very simple.  This is a beautiful place and it is worthwhile fighting for.  Everybody, let's speak to our hurt to this community.  We don't want it to be destroyed.  I don't think there is any person in this room that wants to hurt Wedgefield.  There are common interests.  We are all good people.  Enough is enough.  Reconcile.  We've got to get to this point.

Clearly there have been damages from inside these gates, more so from outsiders.  I'll get to that in a little bit.  Specifically, bad lawyers and bank performance that we depended upon.  You folks and our worthy board were fundamentally the key instrument to our unity.  Without the Board's ethics we would all have to fight for our rights in the courts.  That's not good.  There has been too much of that.

Here comes the wolf, disguised with compliments first.

Jacky's front page of the Wedgefield Wragg is a golden thing. It deals with section 4, a Board Code of Ethics.  I think it was a timely point.  Damage to this Board's credibility has occurred and we all need to rebuild it.  I am so pleased and impressed that you are already asking good, real questions about illegalities of dredging assessments and related property liens.  While we have not seen the advice from counsel, I truly believe dredging assessments will be deemed illegal.  This is a very important now for the future.  I'm not wanting to look back.  I'm looking to the future.

No one here is focused here to harm anybody personally.  I know there have been a lot of threats that have gone about.... (can't catch the word) but no body is intending to hurt any body legally or what so ever.  My message is simple.  Look forward as a cohesive group and not back as one that is divided.  Both sides of the dredging issue join in to repair these Wedgefield...(can't hear the word).  We are people, and we need to respect each other.  We want to get back to the harmony we once had.  We don't want any internal lawsuits.  They can only happen with your Board's ethical and uncompromising force of leadership for the common good.  Bring us together as a cohesive unit.  Many are here to come forward.  I believe we can see this happen.

As a start and as a central theme and a central focus, there is a scenario we can all mutually work on.  Wedgefield people here suffered a great hardship and damages since June of 09 and they remain divided.  Who would argue against what is good for Wedgefield?  The central issue is canal dredging cost assessments.  Are they legal or illegal?  Whether you agree or not, there would be no injury to Wedgefield or damage to Wedgefield.   Note:  Morabit is interrupted by the Board and told to wrap it up, as there is a 5 minute time limit.    He begins again. My point is that Attorney Winslow and the bank have incurred great damage to Wedgefield.  I'm asking for this Board to take action, to create legal action against the Bell Law Firm and also the bank to recover funds and to have these put into the community coffers to then use that and distribute them to the community.  The Board informs him that his time is up.  He requests more time.  It is denied and he says he'll leave a copy of his full report.

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COMMENTS

I've just patted myself on the back for typing Morabit's comments, without interjecting my humble thoughts.  I exercised patience but it was extremely painful!  I have little patience with people who treat others as though they didn't have a functioning brain.  Didn't Mr. Morabit figure out that we would know the first half of his talk was a snow job.  He thought he'd lead us down the garden path talking about peace, harmony, unity, we're all such good people, we love Wedgefield, etc.  I wasn't fooled by the topic or his talk.

Finally, almost before he runs out of time, he says let's not sue each other.  We love each other.  Let's use WPA money and sue the bank and the Bell Legal Firm.  This will be good for all of us!  I think not.  This would be good for the people who brought a lawsuit, dragged it out harming former Board Members with their malicious accusations, and when the going got tough, whimped out and settled.  Now they want peace and harmony in the world according to them.  They want to sue "outside of the gates".  I believe their motives continue to be inside the gates, but they want it at your expense.  I believe that they are so hell bent on seeing that no one ever mentions the words - Wedgefield canals, that they will try and drag this out in any way they can think of.  This time they won't pay.  They want us all to pay.  They are testing our Board.  Will they win?

Do they even know what they started when they sued the Board and the individual Board Members, on behalf of Wedgefield (How arrogant, did they ask you if they could represent you?)? What did they settle? What limitations have they put on all of us, including their co-conspirators?  The lawsuit was dismissed with prejudice. Jude Davis described it best in a previous article, "A dismissal with prejudice is dismissal of a case on merits after adjudication.  The plaintiff is barred from bringing an action on the same claim.  Dismissal with prejudice is a final judgement.  Since Carol, Fred and George brought this case 'on behalf of Wedgefield Plantation Association,' this means that all members of WPA are barred from bringing any other suit using the information presented in this case.  This dismissal precludes additional supplemental lawsuits."  Once again here is the critical part of the order:  "The Defendants specifically deny any wrongdoing associated with the votes for the dredging of the canals and the collection of assessments from the members of the Wedgefield Plantation Association and for any other acts allegedly performed by these defendants and moe fully described in the complaint and, therefore, this Order, in no way, finds or establishes any such wrongdoing by the Defendants." 

As a resident I would like to get past this business.  I'd like it to end.  I'd like to believe the Board would like it to end.  I am concerned today.  I'm concerned because our Board even allowed Garrison to take this question to the latest Board Attorney.  I'm concerned because we got that attorney through lawyer shopping.  We have had 4 attorneys since July of 20l0.  Now we have Garrison as Legal Chair.  He isn't singing "let there be peace".  He isn't even pretending.  He names co-author of keep your canal assessments in an escrow account, Bob Nichols, to his legal committee and your Board approves.  Will this Board have the guts to say - enough?   Will they finally say we have too many lawyers' hands in the pot?  Will they say that they have to follow the attorney of record's advice?   I hope not, because there has been too much lawyer shopping and any time they didn't like the attorney's advice they shopped for a new one. 

This Board has a real challenge.  Will they meet it, continue to pay the latest attorney of record to answer questions, after a court has issued an order?  We will see, but remember there are members of the band called "Let There Be Peace", who have been playing too long, and have their own conductors.  Garrison appears to be their agent.  Will he sell the band and their brand to the full Board?  Will our Board let this nonsense continue under the disguise of peace and harmony?  Will our Board sue the bank and the Bell Legal Firm?  We'll see.

As residents we all have right to write the Board and ask to speak.  Morabit wasn't up front about his true topic.  He was just the most recent singer and his groupies were in attendance to listen.  When the meeting was concluded and residents were allowed to speak one of the Concerned Citizens critized the Board for not allowing more time for Morabit. 

Stay tuned, sometimes when peace is presented by a wolf in sheeps' clothing, you get bitten.

DO YOU HAVE A COMMENT?  Send it to:  wedgefieldexaminer@yahoo.com. Be sure and note whether you want your name included.  

 





WILL YOU ATTEND THE FEBRUARY 21ST MONTHLY BOARD MEETING? IT COULD BE AN IMPORTANT MEETING

The WPA monthly Board Meeting is next Tuesday, February 21.  Please plan on attending.  All of these meetings are important.  I've provided a copy of the agenda below:

WPA MONTHLY MEETING AGENDA

Call to Order
Quorum
Attendance

Approve December & January Minutes

**Speaker**- Vince Morabit

Officer Reports Officer Reports President – Jacky Walton
Vice President – Bob Garrison
Secretary – Al DeMarchi
Treasurer – Janine Cline
Committee Reports Committee Reports ARC – Jacky Walton
Legal – Bob Garrison
Finance – Janine Cline
Communications- Jackie WaltersCommunity Liaison Ø Community Liaison- Jason Barrier
Welcome Committee- Jackie WaltersWelcome Committee- Yvette Wijthoff
Drainage – Al DeMarchi
Water Amenities- John McBride
Condo Liaison- Jacky Walton
Roads-
Grounds – Larry McMillin
Audit/Compliance- Al DeMarchi
Old Business
Confidentially Agreement to be signed
Conflict of Interest to be signed
New Busness
Draft copy of minutes
Remove old items from Website (minutes & financials)
Committee reports to be posted on website
Move Covenant Sign to right side of road

Comment Section – Resident Comments

Adjourn - Jacky Walton

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You'll note that Vince Morabit is scheduled to speak. We don't know what his topic is but we do know that he is a practicing Concerned Citizen.  This would indicate that they'll be substantial attendance from his group.  Note to Board:  When a resident requests the opportunity to speak at a meeting in one of the two slots allowed by our governing documents, they must request in writing and state their topic.  Wouldn't you think that when you go to the trouble to publish the agenda and note the speaker by name, that you could publish the topic?

If you remember, the Board held a closed executive meeting to discuss the terms of a possible management company contract.  Rumor has it that the Board will vote on a vendor and contract in February.  Since this would be a first, and we don't know the cost (We weren't allowed to sit in on the executive meeting.), wouldn't you think it would be noted on the agenda?  If it isn't going to be voted on, don't you think we should at least have an update noted?  Personally, I think a management company might be good for the association, dependent on the cost, services provided and the terms of the contract.  As a resident, I would like complete information.

Next, under new business - "remove old items from Website (minutes & financials)".  I went back to the official WPA website and noted that minutes and financials begin with 2007.  Most nonprofits are required to keep their records for seven years.  I realize that removing information from the website does not mean that the files will be tossed.  However, our files are a mess, critical items are missing, and I enjoy quick easy access to information. What is the reason for considering taking down some of the five  years of records?  This Board (very little better than the last), has a lock down on residents writing and coming in to view files.  If you get to see them, you are accompanied by a Board Member.  Note to the Board, in the past year and a half it has been Board Members who removed files.  I don't believe that that is true of this Board, but why not provide the file, in the office in full view of the staff secretary? 

Leave the records as posted.  Remember,  from 2007 through current we built an office (no public vote by the Board), took money from reserves to build it (no public vote), dredged the canals (public vote on dredging and finance), and paid, hired and fired four attorneys, and the Board and all its members were sued.   I believe we need to let the records of these turmuluous years stand.

Attend the meeting and observe your Board at work.

DO YOU HAVE A COMMENT?   Send an email to wedgefieldexaminer@yahoo.com .  Remember to note whether you want your name used.

February 21, 2012

THE WEDGEFIELD EXAMINER'S TRUSTY DOG BRADY HAS AN EXCLUSIVE REPORT

BRADY ANNOUNCES 3,000 VISITS TO THE WEDGEFIELD EXAMINER!

Brady has reviewed all the stats and is pleased to announce 3,000 hits to the blog.  He continues to stay by my side as I type and gather facts.  He even reviewed the information provided in Jude Davis' article, "My Story".   He approved!  

Brady is preparing to investigate the dog doo scandal.  He'll read the policy when it is developed.  Be aware that he is out looking for offenders.

He asks that you stay tuned!

P.S.  BRADY SAYS DON'T FORGET TO READ THE ARTICLE POSTED TODAY (BELOW) TITLED, "WPA BOARD CONGRATS, CONCERNS, AND WHAT WERE THEY THINKING?"

WPA BOARD CONGRATS, CONCERNS, AND WHAT WERE THEY THINKING?

GREAT JOB - JACKIE WALTERS!

Did you take time to read the January 2012 edition of the Wedgefield Wragg?  It was a great improvement over the editions of the last 1-2 years.  It was filled with reports from our officers, and committee chairs. Serving as editor, is a difficult job.  You set advance deadlines and remind Board and committee chairs that you need the information, and then remind them again.  It can be like pulling teeth.  Jackie got the job done and through the reports residents are able to get a snap shot of what is happening in the association.  We have property owners who can't attend the meetings, or live a a distance and this keeps them in the loop.  Thank you Jackie Walters.

A BIG THANK YOU TO BOARD AND COMMITTEE MEMBERS FOR GETTING THEIR REPORTS INTO THE WRAGG!

Our Board and Committee Chairs met the challenge and wrote reports that provided concrete information on a number of the action items of their committees.  Our Board Members are residents like the rest of us, with lives, families, work, etc.   They deserve a thanks for their efforts to keep us informed.  Thank you Board!

President Walton reported that each of the Board Members had signed the following Code of Ethics:  "Directors shall act wih 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, Restritions and Policies governing Wedgefield Plantation Association."   This is a great start and an effort on the part of Walton for several months.  Congrats to Walton for getting the job done.  Do you realize that he gave a job to you at the same time?  As residents, we also serve as watchdogs for our association.  We should attend as many meetings as possible, read our Wedgefield Wragg, follow the reports and minutes on the WPA website, and write the Board if we feel that they have violated the Code of Ethics.   

CONCERNS

I believe I saw a first, in the history of the Wragg during the eight years I have lived here. The following is a quote from the ARC Report in the January 2012 Wragg.  "On August 31, 2011 the ARC sent a letter notifying (THEY NAMED THE RESIDENT. I WON'T.) of ARC vilations.  To date no response has been received regarding correction of the violations or payment of the fines.  The fees and fines have now reached $5,050.  It is the recommendation of the ARC to have legal contact with Mr. Richard Smith of McNair Law Firm to place a lien or any other action available to the WPA against the property at (THEY GAVE THE ADDRESS.  I WON'T.)." 

Publishing the name and address and a resident's financial information is a real concern.  First, I haven't observed it before.  Why this resident?  We should know about the issue but there are ways to handle it without this kind of exposure.  Are we going to publish every property owner's name who is in arrears, has violations, or liens?   I haven't seen it.

During the January Board Meeting a confdentiality statement was read, as first reading, to be voted on at the February Board Meeting.  It was published on the WPA website.  (A new by-law was passed at the 2011 Annual Meeting requiring a reading of a proposed addition or change to the Pollicy Manual at a meeting, with publication on the WPA website, and a reading and vote at a second meeting.)   Here is the Confidentiality Agreement:

Confidentiality Agreement Wedgefield Plantation Association has policies and procedures regarding confidentiality of information from inappropriate and/or unlawful disclosure. When data is collected and aggregated, individual member confidentiality is protected. All staff and volunteers(board and committee) agree in writing to maintain member confidentiality. Information concerning member status, and financial and other personal information is processed for each individual member through Wedgefield Plantation Association office and is an important part of Wedgefield Plantation Association business.
CONFIDENTALITY IS ESSENTIAL!! I understand that any member information to which I have access, through verbal knowledge, access to records or through attendance at board meeting is privileged and shall be held in strict confidence. Member information will only be shared with appropriate Wedgefield Plantation Association personnel. Board/Staff
 

WHAT WERE THEY THINKING?

 If this was a mistake, it wasn't Jackie Walters error as editor.  I served as editor for over 3 years.  You finally get the reports, set a draft, and the Board Members review and approve.  I believe this is a confidentiality problem and it rests on the shoulders of the entire Board.

Residents read the information provided by the Board as suggested above.  If you feel they are violating our governing documents or their word, write and tell them.

Do you have a comment?  Send it to:  wedgefieldexaminer@yahoo.com.  Be sure and note whether you want your name attached to your comments.  PLEASE NOTE:  PUT YOUR COMMENTS IN WRITING, DON'T CALL MY HOME!

MY STORY - BY JUDE DAVIS

Dear Madeline,

I check your blog regularly and appreciate the time and energy that you expend on behalf of all the residents of Wedgefield.  I have had similar experiences as you have with this 2012 Board.  After the election of 2011, I had hoped that we had managed to elect enough adults on the Board and that the days of petty turf wars were over.   I was hoping that some serious business would be accomplished.  Boy, was I ever wrong!

The Organizational Meeting was the first sign of trouble.  Bob Garrison knew that the attorney had suggested, as John McBride said, that the meeting be open.  He feigned surprise at the number of residents present and took a vote to close the meeting.  Why was it important to leave the residents out?  I believe that a few deals had been struck.  Jacky as President, Bob as Legal Chair.  Although Jacky may mean well, he seems unable to , as he promised, follow the By-laws, Covenants, and Policy Manual.  Bob Garrison as Legal Chair is a joke.  He was one of the three Bobs, now he’s appointed a second, that advised all of the members of WPA to break the law and put their assessments in an escrow account. ! 

The December Board Meeting was a continuation of nonsense.  John McBride was chastised for contacting the attorney, Moody, regarding some questionable billing.  Included in Moody’s bill, were a number of meetings with the Wedgefield Plantation Board of Directors.  Interestingly enough, not ALL Board members knew about these meetings.  John questioned who was invited and what was discussed.  Thank you, John, for looking out for us. Bob Garrison asked for money in order to get written opinions from Moody on several issues where we already had a written legal opinion from the previous attorney or were relying on Moody’s oral opinion. The Board approved Bob’s request.

Included on the same bill were charges in excess $1300.00 for Moody to communicate with Turner Perrow.  At the time of this meeting, Turner was representing Zieske, Thomas, and Wilson who sued the 2009 Board individually and collectively.  Why would Moody, in the presence of Wilson and Thomas be contacting Turner Perrow?  Johnny Huggins was also being sued by Turner and may have been present without his lawyer!  Is this a violation of ethics on the part of both attorneys?  Were George and Fred using WPA funds for personal gain?  I asked to see the bill and the work product resulting from the charges.  I had to wait until the January meeting to find out if I could look at the documents I requested.  I checked the By-laws, and the By-law says that a resident may look at any document for a proper purpose.  It doesn’t say upon Board approval.  There seems to be some concern on the part of a few Board members that I may use access to documents to further the countersuit.  Gee!  Bob Garrison is being sued and has full access to ALL documents.  Is he using official WPA documents for his personal gain?  It’s happened before!

I looked at the bill and the resulting work product under the supervising eye of the Corporate Secretary—that was a first for me.  Needless to say, although the bill exceeded $5,000, the work product was not there.  No one can, or is willing, to explain the numerous meetings with a select few from the Board or explain the $1300+ for Moody to confer with Perrow.  According to the recent Wragg article, they are still waiting for Moody to produce written copies  of his opinions and other work documents.  This all goes back to December!  Someone needs to light a fire under the legal chair and Mr. Moody.  I believe that the President is responsible for the action, or inaction, of the committees.

At the December board meeting, Larry McMillin raised the issue of areas of excessive dog excrement.  He named four areas of concern-- the marina road and three in the condo and village area.  He proposed signage and possible fines.  He suggested that residents police other residents.  I believe the discussion lasted about 20 minutes.  Money was allocated for the signs. This same issue came up in January with the proposed signage still under discussion.  Perhaps an additional 30 minutes was spent at a recent policy manual meeting concerning the wordage of the new Pooper Scooper Policy!   Responsible dog owners pick up after their pets without a sign;  irresponsible dog owners will leave a mess under the sign!

All of this fuss, time, and money and the correspondence file has only one written complaint about dog poop!   We have over $100,000 in overdue assessments, little ARC oversight, and a legal file that is woefully incomplete, and the Board spent their time discussing CRAP!  It seems that they have their priorities mixed up.

Like you, I’ve given up on expecting an answer from the Board, although some of the individual Board members respond in support of my questions.  Instead of answering concerns, our resident cynic, the Community Liaison, uses his time to ridicule and try to belittle my general concerns.  I know that I need to go on record as questioning some of the actions of this Board.  I think its time others did , too.

 

Jude Davis 

 

DO YOU HAVE A COMMENT?  SEND IT TO: wedgefieldexaminer@yahoo.com.  Please state whether you would like your name published with your comments.