MEMBERS, THE WPA BOARD IS FAILING TO PROVIDE, GOOD GOVERNANCE, THROUGH OUR POLICIES, AND BY-LAWS, AND HAS RESORTED TO JUNK GOVERNANCE - OLD TIRES, SHOES, ETC., AND THE WEDGEFIELD SHIP OF PROMISE IS ABOUT TO SINK, WITH THEIR DISTORTION OF LAW, AND OPEN, HONEST MEETINGS WITH VOTES, ETC. THERE IS NO "WE THE PEOPLE" - IT IS "WE THE BOARD" TAKE IT OR LEAVE IT.
Readers, The Wedgefield Examiner has presented articles in the last two weeks, with transcriptions of the board's words, how those words conflict with their sanitized minutes - we've provided months of minutes - legal minutes, and what actually did happen, and the board's play with legal terms - JUDGE, rather than what it was REFEREE, RULING rather than SETTLEMENTS which is all the WPA Boards for over 30 years has had -SETTLEMENTS, and the cover up by this board, and it's string on attorneys.Now, The Wedgefield Examiner has taken the time to provide the Water Amenities Committee official minutes, from the moment in December 2015 when a resident asks about canal dredging, up to August 2016 (August minutes won't be approved until the September Meeting), and compare them for truth, against those handouts provided by the Water Amenities Committee during the illegal, August Canal Lot Owners' Meeting. We've published them in their entirety in a previous article. We'll use the words that are critical to following the minutes that indicate how out of legal bounds - according to our governing documents, their actions have been. You should note that in the least - seven board members are involved in the actual violations - were involved in the planning without telling us, and the allocation/commitment of over $115,000 - no discussion at board table, and no vote at the board table during most of the planning (look at the minutes). Those board members are president Walton, legal/compliance chair/vice president Garrison, and water amenities committee members, who sit on the committee, and are board members - Johnson, McMillin, Anderson, and John Walton.
As to the timeline - when the committee started working, I have a copy of the presentation that was read to the audience during the August 11, 2016 Canal Lot Owner's Meeting quoted here: "Ladies and Gentlemen, this committee has worked diligently for the past 7 months and has been relentless to obtain all the information we provided you tonight." Look at the minutes provided below. There is NO mention in the Water Amenities Report that anything was being done in regard to canal dredging for the 7 months they were working on it.
As to the allocation of funds, and just what the WPA will pay, we quote from the handout provided that evening. "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."
I want the WPA to be the responsible party in all areas, including assessing canal lot owners for their share of the dredging. I believe it is fair if we pay exactly what they are asking us to pay voluntarally, but I will only pay it if they do their job, and assess me. I refuse to let the board shirk its duties to me as a member of Wedgefield Plantation Association. I refuse to volunteer to pay the funds, it causes too much harm today, and over the long term, to become the step children of the association, in order to get done what we want today. We may need to assess according to lot maintenance, in order to take care of the needs of the canals, and golf course properties, and no court has ruled against Individual Assessment, and we all need that asset that resides in our governing documents. Right now, your board has ignored so many of the sections of our governing documents, that it would take more space than this blog, and my time allows to list them all.
The secret meetings to reach this point in the canal proposal violates every kind of meeting notice, and member rights to attend imaginable, and we have posted that.
The fact that your board has PROMISED the canal reserve in their discussions with the secret development of the canal proposal without disclosing meetings where these decisions were made, failing to make motions, discuss, and vote whether to fund, and under what circumstances the WPA name, and money will be used, violates the core of our governing documents! If you are shifty, a board might say that we allocated the funds for dredging when we set the reserve amount for the canals. Not so, the amounts set in each of the reserve categories, are not restricted to the category, and have movement within the categories. For instance, during the last 6-9 months, the WPA had a large road project that would exhaust the road reserve funds. As we neared the end of the project, the chair of roads mentioned that for a little more money - if we had it, that the last of the items targeted on the repair list could be completed. The WPA treasurer, during a regular monthly meeting, suggested funds be taken from two other reserve accounts, to complete the job. A motion was made, and a vote taken, and passed. The board was able to do that because the funds are not legally restricted funds. Continue with thoughts of the road project for further evaluation of the actions of the board as it relates to the canal proposal. The board didn't come to us suddenly, and say, the road's chair is going to spend the road reserves! Road chair Anderson, reported to the board the problems he saw, prepared a short of Wedgefield roads problem map, suggested that engineering be contracted for - detailed his process for securing engineering bids, specifics of contract development for the service. He further informed the board that the engineering contractor would write the proposal for the request for bids for the work to be done, receive the bids, provide them to the board, and the board would select - with advice of the oversight vendor - the contractor for the project, and the engineering firm would also have oversight of the project. In the roads project, the board held discussions at the board table, voted to fund each step, and held open meetings (outside of the regular monthly meetings), as needed. Those open meetings were posted, and open, and we saw every step of the process. The board followed our governing documents every step of the way - procurement, contracting, out in the open. None of this has happened with this canal proposal, and the behind the scenes approval of up to $135,000!
As residents, we have allowed this to happen! It appears that each individual on that board has failed us. In a recent article where we provided all the illegal moves, and cover ups regarding assessment SETTLEMENTS - NOT RULINGS, by a REFEREE - NOT A JUDGE, some on your board - most it appears, have bought the kool-aide of our legal chair, and failed to represent us according to our governing documents. Why have you? Why have canal lot owners who know better? Where are the people and their contingency who sued last time the canals were dredged with every legal "t" crossed? You looked for minutia, and didn't win - settled. Why are you sitting by when your board has provided you nothing?
BY- LAWS: Section 2: President: The President shall be the Chief Executive Officer of The
Association and shall in general supervise and control all of the business and affairs of
The Association. He/she may sign with the Secretary, or any other proper officer of The
Association authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized and directed to be
executed, and in general he/she shall perform all duties incident to the office of the
President and such other duties as may be prescribed by the Board of Directors, from time to time.
Association and shall in general supervise and control all of the business and affairs of
The Association. He/she may sign with the Secretary, or any other proper officer of The
Association authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized and directed to be
executed, and in general he/she shall perform all duties incident to the office of the
President and such other duties as may be prescribed by the Board of Directors, from time to time.
Section I: Committees: The Board of Directors, by resolution adopted by a
majority of the Directors in office, may designate one or more committees to assist the
Board in analysis of issues relating to the management of The Association. The
designation of such committees and the delegation thereto of authority shall not operate to
relieve the Board of Directors, or any individual Director, of any responsibility imposed
upon it or him/her by law. Decisions on issues from assigned committees shall be the
exclusive privilege of the Board of Directors, except the Architectural Review Committee as described in Section 3 of this Article.
Your board has abdicated their duties as it relates to the by-laws presented above. Hold them all responsible, but president Walton, and legal/compliance chair/vice president Garrison have set the stage for this gross defiance of our by-laws.
POLICY MANUAL:
majority of the Directors in office, may designate one or more committees to assist the
Board in analysis of issues relating to the management of The Association. The
designation of such committees and the delegation thereto of authority shall not operate to
relieve the Board of Directors, or any individual Director, of any responsibility imposed
upon it or him/her by law. Decisions on issues from assigned committees shall be the
exclusive privilege of the Board of Directors, except the Architectural Review Committee as described in Section 3 of this Article.
Your board has abdicated their duties as it relates to the by-laws presented above. Hold them all responsible, but president Walton, and legal/compliance chair/vice president Garrison have set the stage for this gross defiance of our by-laws.
POLICY MANUAL:
6. OTHER PURCHASES BY BOARD AND COMMITTEE CHAIRPERSON
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6.01 The President, Vice President, Secretary, Treasurer, ARC Chairperson, Legal
Chairperson, Drainage Chairperson, Roads Chairperson, or Grounds Chairperson
shall have the right to make purchases up to $200 without prior approval of the
Board. However, these purchases must be authorized, prior to purchase, by the
signature of one other Executive Board member, and be reported and ratified at
the next regular monthly Board Meeting. Refer to Procurement Policy Section
11.01.03.
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6.02 All purchases in excess of $200 must first be approved at a regular monthly Board
Meeting unless there is an emergency and a telephone survey of a majority of the
Board grants permission and it is duly noted as to which members were called and who gave their verbal consent. The purchase must then be reported on and ratified at the next regular monthly Board Meeting. Refer to Procurement Policy Section 11.02.01. This is reguired for less than $200, let alone the promise to pay of up to $135,000! See the minutes provided below - never happened.
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7.01 It shall be the policy of the WPA to secure three bids on expenditures exceeding
$1,000 when available and prudent. The Board may waive this requirement when
necessary. Refer to Procurement Policy Section 11.03.
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7.02 Major expenditures in excess of $3,000 can only be made after Board Approval.
Refer to Procurement Policy Section 11.04. Never happened! See minutes below. $135,000 promised?????
11.04
11.04.01
11.04.01
WEDGEFIELD PLANTATION ASSOCIATION
POLICY MANUAL
PROCUREMENT
All Purchases of $200.00 or Less
It shall be the policy of the WPA to allow the Secretary, or Treasurer to authorize the purchase of office supplies not to exceed $200 without prior approval of the Board.
It shall be the policy of the WPA to establish account(s) with major office supply dealers in order to secure office supplies and be billed for those supplies.
The President, Vice President, Secretary, Treasurer, ARC Chairperson, Legal Chairperson, Drainage Chairperson, Roads Chairperson or Grounds Chairperson shall have the right to make purchases up to $200.00 as a single event, not related to or part of a larger project, without prior approval of the Board. However, these purchases must be authorized, prior to purchase, by the signature of one other Board Member, and be reported and ratified at the next regular monthly Board Meeting.
Purchases in excess of $200 but less than $1,000
All purchases in excess of $200 must first be approved at a regular monthly Board Meeting, unless there is an emergency and a telephone survey of a majority of the Board grants permission and it is duly noted as to which Board members were called and who gave their verbal consent. The purchase must them be reported on and ratified at the next regular monthly Board Meeting.
Purchases in excess of $1,000 but less than $3,000- Minor Expenditures
Expenditures in excess of $1,000 but less than $3,000 can only be made after Board approval. These expenditures require a scope of work to be prepared prior to being submitted to the Board. The scope of work will specify: a) why the work is to be done; b) exactly what is to be accomplished by the expenditure; and c) the measurable results from the work. It is desirable to secure three or more bids for this work; however, if not possible, the Board may accept a single bid for the work. The Board must make every effort to insure that the bid is fair and reasonable. NEVER HAPPENED AT THE BOARD TABLE!
It is the Board’s responsibility to inspect the work accomplished and to review the project at the next Board meeting subsequent to the completion of the work After Board agreement and approval of the accomplished work, the Board will issue an approval to pay the contractor who performed the work.
It is essential that a paper trail be developed for each step in the project so the Board Audit Committee can review these expenditures and work performance at the year end.
Purchases of $3,000 or more- Major Expenditures
Expenditures in excess of $3,000 are considered major expenditures and can only be made after Board approval. These expenditures require a scope of work to be prepared prior to being submitted to the Board. The scope of work will specify: a) why the work is
PROCUREMENT
All Purchases of $200.00 or Less
It shall be the policy of the WPA to allow the Secretary, or Treasurer to authorize the purchase of office supplies not to exceed $200 without prior approval of the Board.
It shall be the policy of the WPA to establish account(s) with major office supply dealers in order to secure office supplies and be billed for those supplies.
The President, Vice President, Secretary, Treasurer, ARC Chairperson, Legal Chairperson, Drainage Chairperson, Roads Chairperson or Grounds Chairperson shall have the right to make purchases up to $200.00 as a single event, not related to or part of a larger project, without prior approval of the Board. However, these purchases must be authorized, prior to purchase, by the signature of one other Board Member, and be reported and ratified at the next regular monthly Board Meeting.
Purchases in excess of $200 but less than $1,000
All purchases in excess of $200 must first be approved at a regular monthly Board Meeting, unless there is an emergency and a telephone survey of a majority of the Board grants permission and it is duly noted as to which Board members were called and who gave their verbal consent. The purchase must them be reported on and ratified at the next regular monthly Board Meeting.
Purchases in excess of $1,000 but less than $3,000- Minor Expenditures
Expenditures in excess of $1,000 but less than $3,000 can only be made after Board approval. These expenditures require a scope of work to be prepared prior to being submitted to the Board. The scope of work will specify: a) why the work is to be done; b) exactly what is to be accomplished by the expenditure; and c) the measurable results from the work. It is desirable to secure three or more bids for this work; however, if not possible, the Board may accept a single bid for the work. The Board must make every effort to insure that the bid is fair and reasonable. NEVER HAPPENED AT THE BOARD TABLE!
It is the Board’s responsibility to inspect the work accomplished and to review the project at the next Board meeting subsequent to the completion of the work After Board agreement and approval of the accomplished work, the Board will issue an approval to pay the contractor who performed the work.
It is essential that a paper trail be developed for each step in the project so the Board Audit Committee can review these expenditures and work performance at the year end.
Purchases of $3,000 or more- Major Expenditures
Expenditures in excess of $3,000 are considered major expenditures and can only be made after Board approval. These expenditures require a scope of work to be prepared prior to being submitted to the Board. The scope of work will specify: a) why the work is
7
SECTION II
11.04.02
11.04.03
11.04.04
11.04.05
11.04.02
11.04.03
11.04.04
11.04.05
to be done; b) exactly what is to be accomplished by the expenditure; and c) the
measurable results from the work.
If the project is of such a large magnitude that it will require partial payment as specific aspects of the work is accomplished, then deliverables to be accomplished at the end of these milestones must be provided in the scope of work. In the event that a project exceeds $10,000, it is the Board’s responsibility to hire a licensed professional engineer to review the scope of work, the bids, and the completed project.
It is desirable to secure three bids for this work. If this is not possible, the Board may accept a single bid, however, the Board must make every effort to insure that the bid is fair and reasonable. In some instances is there is insufficient expertise on the Board, project review by an engineer will add credibility to the bid.
It is the Board’s responsibility to inspect the work accomplished and to review the project at the next Board meeting subsequent to the completion of the work. After Board agreement and approval of the accomplished work, the Board will issue and approval to pay the contractor who performed the work. This procedure will be applied to milestone payments as well as total project payments.
It is essential that a paper trail be developed for each step in the project so the Board Audit Committee can review these expenditures and work performance at year end.
Not one of the requirements listed above have been yet. Your board under the guidance of president Walton, and legal/compliance chair/vice president Garrison have promoted this hide and seek agenda, and 7 other board members have sat by, shut up, validated, and it appears turned a blind eye to our governing documents. THERE WERE NO MEETINGS! THERE WERE NO MOTIONS! THERE WERE NO DISCUSSIONS! THERE WERE NO VOTES! HERE ARE THE OFFICIAL SANITIZED MINUTES THAT PROVE THAT:
If the project is of such a large magnitude that it will require partial payment as specific aspects of the work is accomplished, then deliverables to be accomplished at the end of these milestones must be provided in the scope of work. In the event that a project exceeds $10,000, it is the Board’s responsibility to hire a licensed professional engineer to review the scope of work, the bids, and the completed project.
It is desirable to secure three bids for this work. If this is not possible, the Board may accept a single bid, however, the Board must make every effort to insure that the bid is fair and reasonable. In some instances is there is insufficient expertise on the Board, project review by an engineer will add credibility to the bid.
It is the Board’s responsibility to inspect the work accomplished and to review the project at the next Board meeting subsequent to the completion of the work. After Board agreement and approval of the accomplished work, the Board will issue and approval to pay the contractor who performed the work. This procedure will be applied to milestone payments as well as total project payments.
It is essential that a paper trail be developed for each step in the project so the Board Audit Committee can review these expenditures and work performance at year end.
Not one of the requirements listed above have been yet. Your board under the guidance of president Walton, and legal/compliance chair/vice president Garrison have promoted this hide and seek agenda, and 7 other board members have sat by, shut up, validated, and it appears turned a blind eye to our governing documents. THERE WERE NO MEETINGS! THERE WERE NO MOTIONS! THERE WERE NO DISCUSSIONS! THERE WERE NO VOTES! HERE ARE THE OFFICIAL SANITIZED MINUTES THAT PROVE THAT:
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.
PLEASE NOTE: I'VE ADDED A RESIDENT QUESTION, DURING RESIDENT COMMENTS FROM THIS MEETING, REGARDING THE CANALS. AFTER YOU REVIEW THE MINUTES , IT IS THE ONLY TIME DREDGING CANALS, COMES UP, AND IT ISN'T FROM THE BOARD TABLE. I'VE REMOVED THE QUESTIONING MEMBER'S NAME, THE REST IS QUOTED FROM THE MINUTES: "Name removed) asked if gatehouse project was finished and about two lots. Bob Garrison explained that gatehouse is not
completed and is still leaking. One of
the lots is deeded to WPA, but the other hasn’t been. (NAME REMOVED) also asked about the Canal
Dredging. Bob explained WPA would help
but won’t pay 100% for the dredging. He
suggested that all canal owners come together to figure out a plan to fund the
canal dredging." ONCE AGAIN LEGAL/COMPLIANCE CHAIR/VICE PRESIDENT, GARRISON'S WORDS HAVE BEEN SANITIZED HERE, BECAUSE INITIALLY HE TELLS HER FROM HIS BOARD SEAT, THAT THERE IS "NO INTEREST" ON THE PART OF THE CANAL LOT OWNERS.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.
Resident Comments:
Mady
Cavanaugh asked if there was anything new about the golf course.
Jacky
Walton stated he hasn’t heard anything new.
Bob
Garrison said he wanted to send a letter to the owner of the golf course to see
what his intentions are for the mowing of the golf course areas before we offer
to mow some areas.
Randy
Vaughan asked if the board had asked for any legal help about the golf course.
Bob
Garrison replied no.
Randy
Vaughan asked the board do some research on what WPA can do because he is
worried about property values.
Bob
Garrison said we could look into doing something but doesn’t think there is anything
the Association can do legally.
Madeline
Claveloux asked about the mowing of vacant lots. She asked if the grassy lots received 6 mowing’s
or 4 mowing’s per season.
Jacky
Walton replied 4 mowing’s per season.
Madeline
Claveloux asked if the spoil site was done last year.
Larry
replied it was done 2 times last year and once already this year.
RV
Wheeler asked if he will receive a response from his complaint about the
shed.
Bob
McMahan asked if WPA paid money out for paving of the state roads in the
entrance.
Jacky
Walton replied no
Bob
McMahan asked if we could turn the roads over to the state.
Jacky
Walton replied no, the roads are not wide enough.
Bob
McMahan asked about the canal meeting in August and if any home owner could
attend the meeting.
Adam
Anderson replied it’s only for the canal property owners.
Deborah
Seale asked for a copy of the association insurance policy.
Next
monthly meeting will be on August 16, 2016.
Adjourn – Jacky Walton
