STORM MATTHEW HAS LEFT ME WITH A BIG "WHAT IF" QUESTION ABOUT THE PROPOSED ILLEGAL CANAL DREDGING

In previous articles regarding the canal dredging, not knowing when we would have a hurricane, I stated that we were one storm away, with no plan B, from being right back where we are today.  It didn't take long and Hurricane Matthew arrived in our community.  Had we dredged under this illegal, one more dredge plan - no look to the future, we'd be all done.  Board member Anderson ridiculed my questions, and his documented answers show how illegal the actions of this board are.  Let's recap a few key points - all in Anderson's words - DIRECT QUOTES FROM HIS WRITINGS:

1) "The permit expires in 2018 and then it's over. Done! It will never be dredged again if we fail."
2) "If this plan fails, there is no plan B. It’s over, and your water access behind your home will be no more." "Our plan gets this done in 18 months and give us 10-15 years of usable enjoyment out of the canals. "
3) "And yes, there has been no vote to spend that money, just money placed in reserve." *From the printed handout provided at the August Canal Lot Owners Meeting:  “We did this on May 12^th 2016. We met with the president and vice president of the WPA to gather their ideas and support for the project.”  Later:

 “The WPA currently has $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.”

4) "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?"
"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."

Members, I'm not going to dump any more documentation in this article. The Wedgefield Examiner has provided that over the last two months. This whole concept dredge is illegal. The $135,000 has been committed without a vote - 31 canal lot residents have paid their $400 based on the promise of the $135,000 - it is committed, and published as such in the committee's own documents. There have not been open discussions about the dredging, I've provided you the minutes. As to board member Anderson's role as community liaison, and no letters opposing, that is nothing more than back door politics. I've served as community liaison during the last dredging. Those opposed, as those who supported it, organized letter writing campaigns to the board. Garrison finally has this whole association just where this group wants us, and they won't be writing, because he has brought us to this point. It isn't good for Wedgefield, and this crooked board has brought us to this point, and it is killing Wedgefield.

If you are a canal lot owner, and you haven't paid your $400 - don't. If you have paid your $400, ask for it back in writing. This whole scheme is illegal, your committee, and board are not only talking out of both sides of their mouths - it is just plain illegal, and if the canals had been dredged under this illegal plan two weeks ago, it would have all been done for naught - no 10-15 years of enjoyment, and no plan "B". Write and tell the committee, and board that you want the permit extended, and a real plan for Wedgefield. The bigger problem here, is that this is the way our board is handling all of our business!

SUPPORTING CORRUPT GOVERNANCE ON ANY LEVEL IS.......

A MEMBER HAS A QUESTION ABOUT THE WPA ELECTION COMMITTEE

Recently, a WPA member contacted The Wedgefield Examiner, and asked if it was legal to have a husband, and wife serve on the Election Committee, when they only owned one lot.  I know that it has been done before, but is it legal?  Why not just contact the board?  Time is of the essence, as the annual meeting is next month, and if you are a concerned member, and ask questions, and have fallen on the board's black ball list, you risk ridicule, could have to wait months for an answer, and then it might not coincide with those "outdated" governing documents.  Let's use those corner stones of our governance, and try and answer the question.  I don't believe it is legal to have a husband and wife who own one lot serve on the committee.

BYLAWS:

Section 2: Membership: Every person or entity who is an owner of any lot or condominium apartment, which is subjected by these By-Laws to assessment, shall be a member of The Association. Membership shall commence at the time oflegal acquisition of the property. Membership shall be appurtenant to and may not be separated from ownership of any lot or condominium apartment, which is subject to assessment.

Section 3: Voting Rights:  In the event a lot or condominium apartment is owned by two or more persons or entities, then the vote attributable to such lot or condominium apartment shall be exercised as the owners mutually determine, but in no event shall more than one vote be cast with respect to any such lot or condominium apartment. The vote cast shal I represent the vote of all the owners of that lot or

condominium apartment. 

POLICY MANUAL :

0. ELECTION COMMITTEE
   The Election Committee is composed of a chairperson (the WPA Secretary) and eight or more WPA members with the following stipulations:
   
• .  The Committee should be representative of the entire WPA.
  
• .  Each Committee member must be a WPA member in good standing.
  
• .  Each Committee member must be appointed by the Committee Chairperson and approved by the Board at the August board meeting.
  
• .  No member of the Election Committee, nor any member of their family, may appear on the ballot.
  
• .  In the event, the Secretary is running for the Board, the other Board members must appoint an alternate Chairperson.
  
• .  Each member of the Election Committee should sign a Confidentiality Agreement and should agree to keep all information pertaining to the election confidential.
  The Election Committee is responsible for two functions associated with the Annual Election: 
  
1. The bylaws tell us that for all technical purposes, there is only one member per property.  There is only one vote per property.  If for instance, there was a petition to remove a board member, even if a husband, and wife, each signed it, only one signature could be counted to meet the standard.  A husband and wife, who own one property, couldn't have both running for board, only one could.  It would appear that in the case of the Election Committee, which has great responsibility, that a membership, could only be called into use by one of the parties.  That's my not so humble opinion based on the governing documents.  
2. 
   
3. Isn't it awful that residents no longer feel that they can write the board, and get a legal response?  

WPA BOARD HOLDS ANOTHER CLOSED MEETING OCTOBER 6. WHY? COULD WE HAVE A LITTLE JUSTICE HERE?

Your WPA do what we want, ignore what we want to, board has a sign out again announcing another closed meeting.  Again, I've checked the official WPA website, and there is no announcement of who called the meeting, or what the subject of the meeting is.  Last time, just a few weeks ago, same scenario - I published the requirements of our governing documents for such meetings, a board attorney of record letter to president Walton telling him not to hold such meetings, and a email from Garrison to board members reminding them of the legal opinion, and the posting requirements.  They just don't feel that they need to follow anything, and it is a good part of the reason that Wedgefield is deteriorating quickly.


HERE ARE SOME KEY POINTS FROM A RECENT LOCAL ARTICLE ABOUT HOA BOARDS WHO FAIL TO OPERATE IN THE BEST INTERESTS OF THE ASSOCIATION (Copyright 2016 WMBF News. All rights reserved.):

*"A homeowners association can be a make or break the issue between a good community and a community that has a high turnover in its population."

*"And what’s sad is hearing their stories about how they were so excited to be down in Myrtle Beach, that they’ve had to deal with the horror of their HOA, that they, personally, do not want to be in Myrtle Beach.”

*"On a rainy weekday afternoon, several homeowners huddled in the backseat of the minivan  of a disabled resident. They were outside in the rain because they were not allowed inside a homeowners association meeting.

“They said the meeting was closed. And it’s like, the meetings are open,” Harrington said. “And they said ‘No, these meetings are closed. You can only enter if you have received an invitation.’”

According to a bill introduced by Sen. Darrell Jackson on Jan. 11, 2011, “A meeting of the board of directors, including a subcommittee or other committee of, must be open to all members of record.”

*"Perhaps what is most frustrating for these members of the community, though, isn’t how they are being treated by their homeowners association; it’s that they don’t feel they have any course of action to take other than hiring an attorney."

*"All of these frustrations are not solitary. The Coastal Carolina Association of Realtors receives hundreds of complaints regarding HOAs. Some of them were about the same HOA, but many are different.

For Johnson, the problem is that there is no enforcement. "

WEDGEFIELD WILL CONTINUE TO BE ON A DOWNWARD SLIDE, WHEN THE BOARD CONTINUES TO IGNORE OUR GOVERNING DOCUMENTS, AND HIDE THE TRUTH FROM US

WHERE WILL WEDGEFIELD BE IF YOU CONTINUE TO LET THIS BOARD IGNORE ARC, COMPLIANCE, AND OPEN HONEST GOVERNANCE? PICTURES DON'T LIE. WE'LL BE RIGHT WHERE WE ARE TODAY. SOMETHING HAS TO CHANGE, AND IT HAS TO BE LEGAL, AND BENEFIT ALL OF WEDGEFIELD

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.