Monthly Archives: December 2013

“I Abstain!” Is It Shirking Responsibility?

Opinion

by Buz Whelan

   QuestionMark[1]  There are occasions when a vote of abstention is appropriate and even mandatory. When minutes of a previous meeting are put up for approval, for example, a member who did not attend that meeting must abstain. When a complicated piece of business has been examined and discussed while a member is ill, that member may not feel qualified to vote in judgment. But when a vote to abstain is cast simply because the voting member does not wish to take a public stand, that is failing to perform one’s duty.

     At the July 21, 2013 meeting of the Finance and Planning Committee a discussion centered on the cost of credit card discounting to the association. Whenever a credit card is used in a transaction there is a discount fee which varies with the card and the merchant’s agreement with the clearing house. If you paid your annual dues with a credit card and the discount rate for that card was 3.5%, the association would receive only $965 rather than the full $1,000. At this meeting it was agreed by the committee members to pass a recommendation to the board that whenever a credit card is used to pay dues, the cost of the transaction should be borne by the payer. General Manager Allan Roth was present at the meeting and soon after began seeking a vendor who would cooperate in the charge back. Eventually, he found several and prepared a packet of detailed information along with a recommendation that the company best suited to association needs was Paylease.

     Approximately one week before the October 18th board work session, the packets of information were distributed to each director’s mailbox so that they would have time to prepare for the discussion and have any questions ready for the GM to answer. At that meeting, Mr. Roth made a comprehensive presentation, explaining how the new system would work and why he felt Paylease was our best choice. At the conclusion of his presentation a discussion period ensued, with the GM answering all the directors’ questions and concerns. When no further questions were forthcoming, it was decided that a resolution would be prepared for a vote at the next weekend’s open meeting. The meeting then moved on to the next topic.

     The following day, Saturday, October 19th the Finance and Planning Committee met in the same conference room. Present as observers were several board members including President Alex Leslie and Directors June Solla and Margaret Fitzgerald. By sheer coincidence, committee member  Walter O’Neill asked the GM what had become of the credit card recommendation. Mr. Roth repeated his presentation from the day before for the benefit of the committee members. He again took questions and, as at the previous day’s meeting, the topic was exhausted and the meeting moved on.

     We now come to the October 26th open meeting. Secretary Carmen Broadnax reads the resolution regarding the new credit card policy, the chair gets a second and a vote is called. Earl Frank, Millie Bishop, Carmen Broadnax and Dan Glasgow vote in the affirmative. It is now Director Margaret Fitzgerald’s turn. She says she is abstaining because she does not have enough information. The chair calls on Director June Solla who says she is abstaining for the same reason as Ms. Fitzgerald.

     To recap, a packet of information has been given to each of these directors. They attended two successive meeting in which the change was discussed in detail. They knew the vote was coming and had a week to seek out any additional information they felt they needed. And they abstained.

     The very next vote was to endorse a change order in the amount of $11,000 for additional work needed to resolve foundational problems discovered during road paving. Again, this issue had been previously discussed, again the vote was scheduled a week in advance and again both Ms. Fitzgerald and Ms. Solla abstained.

     This is an opinion piece. It is labeled as such, and it is my opinion that these directors have failed to perform their duty. Perhaps they have an explanation that I have yet to fathom. But when detailed information is provided and sufficient time elapses without any effort to obtain whatever clarification the directors feel they need, then they are not acting responsibly.

     We elect directors to make decisions. That’s what they are supposed to do. It is their main job. Anyone can make the easy decisions that have little effect on the way the association does business. It is when difficult decisions on complex issues must be made that we separate the strong performers from the weak ones. Here are two examples of very weak performance.

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December 14, 2013 Monthly Open Board Meeting

by Buz Whelan

meeting[1]     It was a short and sweet board meeting last Saturday. President Alex Leslie called the meeting to order at 9:30 and announced that the proceedings would be recorded due to the absence of the recording secretary Roxanne Chumacas. Present were the GM, the President, Vice President Dan Glasgow, Treasure Earl Frank, and Directors Millie Bishop and June Solla. Absent were Secretary Carmen Broadnax and Director Margaret Fitzgerald. Leslie also pointed out that since the recording device being used had a one hour capacity, the meeting would have to be limited to that time.

     As he made the President’s Comments, Leslie thanked June Solla for her work in organizing the Veterans’ Day ceremony. He also thanked the GM for his and the maintenance staff’s efforts in keeping the roads drivable during the late Fall storms we’ve had. This was accomplished in spite of equipment problems that presented challenges in addition to the snow and ice.

     Treasurer Earl Frank also kept his remarks brief stating that revenue exceeded projections by about $34,000 while the overall budget was under by approximately 10%. This in spite of the fact that the bar and grill are approximately $14,000 over costs. We have collected in total $1,093,000 in dues and other income which is on a par with the previous year. The reserve fund stands at $262,000, with new capital reserve at $10,000 after the paying of the paving for the compactor.

     General Manager Allen Roth reported that with the current snowfall expected to be substantial, he had a shift that would continue to midnight and then would be relieved by a shift beginning then and continuing into the next day. All equipment is (was) currently operational. He also reported that he had put out an RFP for a new auditor. In response to a question from the November meeting, he told the room the association currently bills 1,633 improved lots (homes) and 349 unimproved. He also announced that the Emerald News would be delivered to the community on Friday, December 20th.

     Under old business a report on Clause 15 properties was postponed due to the absence of Secretary Broadnax. In response to a question, the president explained that these are properties that are within the borders of Emerald Lakes but whose owners opted out when the association was established. According to preliminary opinion of counsel, these properties may be obligated to join the association and pay dues since they enjoy many of the services provided. More on this will be revealed next month.

     Only one engineering firm has so far expressed interest in the Pine Tree Dam Valve and evacuation pipe repair project. Ace Engineering has offered to provide divers to determine the precise scope of work. According to GM Roth, the current leak may not be as severe as previously believed and, therefore, the time frame for repair may be more like five years than two or three.

     There was a third and final reading of Resolution #24 which will restore the late fee charged on dues from 2 1/2% to 10%. When the association went to quarterly payments, some math-challenged individuals changed the late fee to two and one-half per cent on the mistaken notion that four quarters of that would equal 10% annually, which, of course, it does not. It equals two and one-half per cent. This is now corrected.

     There was also a third and final reading of Resolution #25 which will put the burden of credit card transaction discount on the member using a card. (When a credit card is accepted, the accepting party receives less than 100% of the total charge. Generally they are charged a fee of 2 to 4% by the clearing house. This is referred to as the discount fee.) The new rule will be effective with the 2014/2015 billing, generally mailed around the 22nd to 24th of February.

     Under New Business the GM reported that he has an appointment scheduled with an engineering firm to examine what needs to be done to bring the community center up to snuff. Among the repairs and improvements needed are a new HVAC system and improved insulation. The condition of the roof and underpinnings will also be examined.

     President Leslie announced that the new Committee Chair Council will be meeting at a time and date TBD, probably January or February. The purpose of the committee is to improve communication between the committees, with an eye toward greater cooperation on common projects. The president also said that he will allow the council to brainstorm at its first meeting to set its own goals and objectives.

     It was announced that the newly renovated conference room in the administration building has had new chairs delivered. A new conference table is also expected soon.

     After a motion to welcome new members, three of which are repossessing banks, the meeting was adjourned at 10:22am.

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