ADAM ANDERSON'S REBUTTAL POSTED 10/01/16

Anderson's rebuttal is posted below.  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.

ANDERSON'S REBUTTAL:

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

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

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 2^nd 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

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 11^th.  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.