President Walton, I've reviewed your Board's vanilla agenda for the March 18th meeting. Frankly, under current circumstances, with Garrison telling me, in front of my witness, that he is going to get a legal opinion regarding conflict of interest, wouldn't you think there would be a "heads up" to residents? This is important. This move alone, questions your actions, Legal Chair Garrisons, and for sure, those of Compliance Chair DeMarchi. In fact, the motives and actions of every other board member, minus one, who raised their hands and voted for you to ignore the "Conflict of Interest Statement", you all signed, are ALL in question. Will Garrison, have the opinion in hand Tuesday evening? I hope not, his precedent, has been, that he asks the board for approval to seek the attorney's opinion, because he is spending our money. If he does, it is just one more convoluted step in your role, in oversight.
Friday morning, I received a call from one of the governmental agencies, I intended to make complaint to. The agency representative, listened to the language in the "Conflict of Interest", which states, "We recognize that Board Members have outside business, professional and personal interests. Board Members, however, may not profit in any way in their outside business, professional or personal interest from their association with Wedgefield Plantation Association."
We quickly reviewed the following:
*February 19, 2013 Board Meeting: Treasurer/Compliance Chair/Drainage Chair/Legal Committee Member/ARC Member, DeMarchi's discussion of awarding President Walton a drainage contract and his recommendation that they take the discussion, behind the closed doors of an Executive Meeting, calling it PERSONNEL. Note, the expert does not define a contractor, as personnel. I call it the early secrecy of this tangled mess.
*March 19, 2013 Board Meeting: Legal Chair Garrison's discussion of awarding the President a drainage award, if residents didn't come up with some ideas regarding securing bids. McBride's questions of concern for conflict of interest.
*I advised the listener that the board appeared to drop the idea of Walton. DeMarchi secured bids, but as I reviewed the bids, SOMEONE, had changed the original figures of one of the bidders to bring it to $20 less than the opposing bidder, prior to the presentation to the board. At the board table, DeMarchi, simply told the board, that one bid was $20 less than the other, as though that is how the bids, had arrived. I can provide the transcripts of that portion of the meeting. Tapes are available for review.
*October 15, 2013 Board Meeting: DeMarchi -Treasurer/Compliance Chair/Drainage Chair/Legal Committee Member/ARC Member, brings a motion to the table, after request for 3 bids, to award President Walton, the Gate House Fix contract. McBride brings conflict of interest into discussion. His discussion is called moronic by Legal Chair Garrison. Mc Bride asks Legal Chair Garrison 3 times to seek legal opinion regarding conflict of interest from the Board Attorney of Record, and Legal Chair Garrison refuses. President Walton abstains, McBride votes no, and Legal Chair Garrison and Treasurer/Compliance Chair/Drainage Chair/Legal Committee Member/ARC Member De Marchi, along with the rest of the board, vote yes.
I note that the motion is made under the Grounds Committee Report, by DeMarchi, rather than the Grounds Chair, McMillin and the fact that when I've asked the office for a list of Grounds Committee Members, I'm told there aren't any members, who could have reviewed and made this recommendation to the board.
Note To Conversation Detail: At this point in our conversation, I inform the agency representative that while the Gate House Fix contract with the President of the Association is for a mere $1,400, I feel, and if he'll allow me to walk him through it, that if allowed to stand, it is the door opening, to many more contracts to our President Contractor, and I refer to a discussion at the board table during the February 19, 2013 Board Meeting, where Board Member John Walton says, "he likes the idea of it being done "in house", and the board tried it on drainage, let it rest, and threw it on the table with the Gate House Fix contract. I also tell him that from February 24, 2014 on, I believe this board has engaged in a cover up to the detail of what they have done. He allows me to continue with the following detail, which I can provide to him, either through documentation, or witness statements.
*My February 24, 2014 Correspondence to the Board: I request to review, "Gate House: Request for Proposal, Bids, and if work has been started, or is completed, the relating contract, and evidence of payment." I further state, "I would like to visit the office to review the files on March 4th at 11:00 AM. I also request that I be provided copies of documents, if I find that necessary during my review."
*Adam Anderson, Community Liaison's response, sent to me from the WPA office, on March 3, 2014, at 12:34 PM: Anderson states, the day before my visit, "As to your request to review and copy records, we have always tried to be as open and transparent as possible so long as the request are reasonable and do not violate the privacy of the residents or contractors involved. Someone will contact you via email to facilitate your review of the records you are interested."
*March 4, 2014, 11:00AM and "Someone", hasn't emailed me.: I email the board asking why "someone" has not informed we as to whether I can review the records. After the appointed time has passed, I receive an email from the WPA paid staff secretary, informing me there was a mistake and the records are all ready for my review. Later, I receive a phone message from Board Secretary Cline, that all the records are prepared and waiting for me. I email, the board and tell them that I want two things in writing. One a list of all the records that have been made available and a statement as to whether I will be allowed copies. The second item is for President Walton, "I'd like an answer from You, President Walton, as to how you get around, "We recognize that Board Members have outside business, professional and personal interests, Board Members, however, MAY NOT PROFIT IN ANY WAY in their outside BUSINESS, professional or personal interests from their association with Wedgefield Plantation."
*March 7, 2014, Anderson, Community Liaison puts in writing the denial of my ability to copy records and includes board members: "No copies will be made for, or by any resident regarding invoices or other office documents. This applies to board members as well." He further states that all the records I requested are available for review during regular office hours, and I don't need an appointment. I explain to the agency advisor, that the board has never discussed this policy at the board table, this email has been shared with the entire board, and that it violates the very state law that DeMarchi sent to me six months ago.
*March 10, 2014 Visit to the office, with a member witness, due to the fact that I can't have copies: Legal Chair Garrison, just happens to be there, so he himself is witness to part of this. I receive the bid file for the Gate House Fix, and make my notes. I haven't been provided the Request for proposal file. The office paid staff searches the file drawers, checks piles of records, and phone De Marchi, (I know it is his home because she speaks his wife's name.) She talks quietly on the phone. She then comes to me and tells me it is being sent over a machine. She hands me one page with nothing but specks. Their is no cover page identifying Wedgefield Plantation Association, no date, no bids should be returned in a sealed envelope, no later than such a date and time. As I speak to the agency representative, I say it could appear that calls were made, which would remove evidence of what kind of communication De Marchi had with President Walton, in the bid process. I state, that it would seem, that in a contentious move like conflict of interest that De Marchi would have used an above board, accurate paper trail process, but didn't. I then ask to see the contract, it hasn't been provided, again despite the fact that Anderson advised me in writing, that all the files were available. Initially, the staff secretary tells me that it is probably at President Walton's for signature. She gets on the phone, talks quietly to someone, and then hands me President Walton's bid - one sheet, no lines for signature, no total contract amount, no terms of payment, nothing. I advise the agency representative again, that I can't provide copies, but that I made notes, and had my resident witness review each of the documents presented.
I make him aware that I feel that President Walton has himself breached bidding ethics in the fact that he as a board member, let alone president, reviews budgets, discusses planning of projects, and has been in every building in this association. I highlight the fact that the middle priced bidder states on his bid, "I need to inspect behind dry wall to see how much mildew is present after inspection I can then estimate the cost." I tell him the third, much higher bid, is De Marchi's former boss.
The agency representative has gotten real quiet. I further explain, that after all the ridiculous behavior that led up to this, that on the 10th, after all these months, closed Executive Meeting for Personnel when it is about a possible contractor, that Legal Chair Garrison, has informed me that he is seeking a Legal Opinion, but I don't trust it because I doubt he'll even take the Conflict of Interest Statement, and he often does not get legal opinions in writing. He asks if I'm certain that he doesn't get all legal opinions in writing. I state that I can provide transcripts from more than a few meetings where he is asked by a board member if he has the opinion in writing, and he states, that he isn't inclined to do so."
I advise him that during my visit to the office that I talk to Garrison and tell him that regarding denial of copies, the board is denying me under the very state law that De Marchi sent me, and Garrison tells me that I have a persecution complex. I remind him that President Walton does not appear to be willing to answer my question.
The agency representative tells me to submit my claim.
