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You are here: Home / Archives for Board Conduct

Board Conduct

Silent Sitters Vote Unanimously To Raise Dues

November 21, 2007 By LakeHolidayNews Leave a Comment

Have you ever read something and thought to yourself “Wow, that’s a great idea. Why didn’t I think of that?”

We had just such a reaction to the phrase coined by an anonymous poster on Bill Master’s website in a thread discussing LHCC’s then upcoming 2007 election of directors. The phrase: Silent Sitter. That phrase succinctly describes the conduct of too many of LHCC’s directors at board meetings. A Silent Sitter just occupies a chair during a board meeting, contributes very little and seriously questions even less, and ultimately votes in support of the decision already made by the powerful few.

We’re going to award a Silent Sitter award to that board member that contributes the least at each board meeting in the hope that highlighting this bad behavior prompts potential Silent Sitters to change their conduct. We make it in the spirit of Sen. William Proxmire’s Golden Fleece award.

The November 12th board meeting to review and approve the 2008 budget is a good place to start. After the organizational meeting on November 5th, this was the first meeting to take up the business of Lake Holiday. Despite the fact that the board was reviewing 2008 expenditures that will exceed $2.275 million, the board meeting on the budget was the shortest meeting that we’ve watched on video, coming in at 38 minutes. Most of the discussion for the entire budget focused on how a single, unbudgeted $9,000 dock repair expense could be deferred or delegated to a committee. This lack of debate shows that the Silent Sitter race will be a close one.

Dave Buermeyer
LHCC VP Dave Buermeyer said next to nothing at the November 12th meeting. But in light of the nearby photo from that meeting, we can’t be sure if Dave Buermeyer was actually awake throughout. We don’t want to turn the award into the Sleeping Sitter. We also don’t think it’s fair to the other board members vying for our award to credit what little he did say at the meeting in light of our uncertainty over his sleeping status.

We also had to seriously consider Jo-Anne Barnard. Among Jo-Anne’s many qualifications to serve on LHCC’s board, she is LHCC President Wayne Poyer’s neighbor. She recovered somewhat from the “deer in the headlights” look she displayed at the board’s organizational meeting and managed to ask several questions. One of her questions helped clarify a caption on a budget line item. Unfortunately, substantive contribution requires more than debating captions.

Jo-anne Barnard
We also had to consider Suzy Marcus and Ken Murphy, who stayed true to their usual performances and contributed next to nothing. Had Noel O’Brien been in attendance, our decision may have been even more difficult since she’s expected to be a regular contender for our award. We’re sure these three will put up strong showings in future Silent Sitter contests.

Despite the close race, we give our first Silent Sitter award to LHCC board newcomer Rick Bleck, who did not meet the 1 year ownership requirement for nomination set forth in LHCC’s bylaws and was invisible on the campaign trail but was elected anyway. During the board’s organizational meeting, Rick Bleck managed to correct his own phone number on a board member contact sheet. That apparently talkative performance was not repeated on November 12th, when Rick Bleck was virtually silent. He didn’t question any element of the 2008 budget, nor did he suggest any change. When it came time to vote for the budget, he dutifully raised his hand. He fulfilled the role of a Silent Sitter to perfection. He questioned nothing and voted in favor of everything. Congratulations, Rick Bleck, the first recipient of our Silent Sitter award. We have to wonder: did his involvement peak very early?

11/12/07 Winner, Rick Bleck
We think LHCC’s board erroneously believes that unquestioned unanimity indicates a good decision. In contrast, we believe that open, thorough examination of alternate and sometimes opposing views is a better approach. At the very least, those holding the minority view can take comfort in the fact that their position was given careful consideration and had a fair chance to capture support.

For example, in an earlier post we reviewed LHCC’s administrative expenses and discussed the need to adjust these expenses downward by the portion reimbursed by LHEUC. This shows how dramatically LHCC’s administrative expenses have grown since 2006. After deducting LHEUC’s share, LHCC budgeted $182,826 for 5 administrative expense categories (office supplies, office equipment, printing/copying, administrative salaries, and telephone) in 2006. Based on the approved budget for 2008, these expenses are projected to jump to $297,429, an increase of $114,603 or about 63% in 2 years. That is one example of out-of-control spending. Yet no director had the common sense to ask: “Why are these expenses going up so much?” No director made any effort to discuss ways to reduce LHCC’s expenses at the November 12th meeting.

Another example of the perils of blind acceptance can be found in John Martel’s discussion of the balloon note used to finance the clubhouse remodeling, which is part of the above video clip. John Martel says that both he and the 2007 board have been criticized for committing LHCC to a balloon note. To directors operating reasonably, at a minimum criticism indicates an issue that should be carefully scrutinized. John Martel defends this decision:

We have a commitment from Wachovia that they will refinance the loan when it comes due in 5 years.

Unfortunately, the Promissory Note dated February 2, 2007 that John Martel himself signed doesn’t support his claim. That note provides for full repayment of all principal and interest by February 2, 2012 (which is less than 5 years away) and contains no language committing Wachovia to extend the loan. The Promissory Note itself states that:

This Note and the other Loan Documents represent the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties.

Yet no director – especially not the Silent Sitters – saw fit to ask John Martel if he had that commitment in writing. Apparently, they accepted his unsupported statements as fact. LHCC’s board operates on the principle of “don’t question – just blindly accept.” Silent Sitters are an important component of this “question nothing-act unanimously” culture.

Lake Holiday owners pay a price for Silent Sitters. A portion of that price is the higher dues discussed in the above video and unanimously approved by LHCC’s board. Lake Holiday does not have a board of 11 people who independently and critically evaluate information. Instead, it has a board packed with Silent Sitters that gives the community the illusion of an independent and thoughtful governing body yet keeps power in the hands of a few.

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Filed Under: Board Conduct, Board Meeting, Finances, Silent Sitter Tagged With: Buermeyer, Golden-Fleece, Jo-anne-Barnard, Martel, Masters, Murphy, Noel-OBrien, Poyer, Proxmire, Rick-Bleck, Suzy-Marcus, Wachovia

Gun-Toting Guards Secure Election for LHCC Board

November 7, 2007 By LakeHolidayNews 2 Comments

Mirroring concerns over the recent unrest surrounding national elections in Pakistan, LHCC’s ever-vigilant board made sure that it could pull off the 2007 election of directors at the Virginia community association and control outbreaks of violence. The board arranged for 2 armed and highly visible guards to silence the growing political unrest in the community. Unverified reports of gang violence stirred up by the potentially scuttled skateboard park did not disrupt the polling place.

Gun-toting Guard
Gun-toting Guard Oct 2007 Election
Gun-toting Guard Oct 2007 Election

Robin Pedlar led all candidates with 465 votes. Lake Holiday new-comer Rick Bleck, who did not meet the 1 year ownership requirement for nomination set forth in LHCC’s bylaws and was invisible on the campaign trail, was nonetheless nominated and elected with 433 votes. The equally invisible Jo-Anne Barnard captured 464 votes, rounding out the concentrated voting. All 3 incumbent candidates (Wayne Poyer, John Martel, and Pat Shields) were re-elected.

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Filed Under: 10/07 Election, Board Conduct Tagged With: Jo-anne-Barnard, Martel, Pat-Shields, Poyer, Rick-Bleck, Robin-Pedlar

Betty Ann Spear, Board Supporter, Unedited

October 13, 2007 By LakeHolidayNews Leave a Comment

A few days ago, we received an email from Lake Holiday resident Betty Ann Spear. From Ms. Spear’s comments, it’s clear she supports the conduct of LHCC’s board.

Betty Ann Spear Email Page 1
Betty Ann Spear Email Page 2

Despite this support, she makes a number of interesting observations, including:

A lot of us regret moving here since we have to live thru all of this hate and discontent.

Miller & Smith have what I will call advantages….

Do I like this situation–absolutely not.

I have lived here for 4 yrs and I have been made to believe that Miller &Smith are in control of my life. I have been lead to think I should be grateful for the new gatehouse, and clubhouse due to their generosity. Well I was not born yesterday.

[Miller & Smith] are here for one reason—to make money. Do they care more about you then their bottom line–no. Do they really care about what it means to the people they sell their houses to. If I was paying those prices for a house I would be really concerned about the resale of their property in a place that has the reputation of constant stife and bickering. With the rising cost of real estate taxes, homeowners dues, and utility fees here I am paying approx $300 a month more then when I moved here 4 yrs ago.

I am headed for a catch 22 I can’t afford to live here and I can’t sell either.

Apparently, everyone stands on common ground.

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Filed Under: 10/07 Election, Board Conduct, Finances, Lawsuit Tagged With: Betty-Ann-Spear, Miller-&-Smith

Defendant Steve Locke Will Stop At Nothing…

August 28, 2007 By LakeHolidayNews 1 Comment

At the June 25th board meeting, LHCC directors debated defending against the Masters lawsuit. Directors evaluated whether they should use Rees Broome, a Vienna-based law firm that LHCC Treasurer John Martel compared to an “ambulance chaser” with “extravagant” rates or the lower-priced Segan Mason & Mason. (For more on John Martel’s evaluation of Rees Broome, watch Use Rees Broome Pts 1 & 2 on our Videos page.) The board also considered whether LHCC should defend the 5 directors individually named in the Masters suit: Dave Buermeyer, Suzy Marcus, Ken Murphy, Noel O’Brien, and Steve Locke.

On this last point, defendant Dave Buermeyer suggested that the individual defendants recuse themselves or abstain from voting on whether LHCC should defend the 5 directors. After all, it would be very self-serving for these 5 directors to vote in favor of a motion to get LHCC to pay for their defense. But that created a little problem. Earlier in the meeting, with everyone – including Steve Locke – in the room, LHCC President Wayne Poyer announced that director Chris Allison was “called away unexpectedly.” At no time during the 3 hour meeting did Chris Allison appear and, in light of Wayne Poyer’s comment, there was no reason to believe that Chris Allison was nearby.

LHCC has 11 directors. With 1 absent, that left 10 directors. If the 5 director defendants recused themselves from voting on that motion, that would leave only 5 directors able to vote. However, 6 directors are required for a quorum, or the minimum number that can transact business. The 5 non-defendant directors actually present at the meeting would not be able to approve a motion to pay for the defense of the 5 defendants.

To get what he wants – a motion passed for LHCC to pay for his legal representation, director Steve Locke suggests:

I can go outside and in 30 seconds get Chris Allison’s signature on a piece of paper. I’ve been trained. I’ve watched and observed how to do that. Yeah.

Since Chris Allison was “called away unexpectedly,” he is not in the immediate vicinity. Obtaining his legitimate signature in 30 seconds is an absolute impossibility, particularly if Chris Allison were allowed any time to review what he is asked to sign. It’s pretty clear what Steve Locke is suggesting to the board. Steve Locke will do whatever it takes, even if it means coming up with the signature of a director who is not even present, to pass a board resolution authorizing LHCC to pay for his legal counsel.

Instead of a negative reaction to Steve Locke’s repugnant suggestion, he gets a warm reaction. Pat Shields can be heard on the video interjecting in a complimentary way: “You had training.” When Steve Locke says that he has “watched and observed how to do that,” one senses that this is business as usual. This conduct reminds us of defendant Noel O’Brien’s suggestion that LHCC fabricate costs for non-existent employees as a response to Masters’ information requests. Fabricating things must be, as Pat Shields and Steve Locke remark, part of the Lake Holiday training. Ray Sohl, the current GM, sat through this entire episode and said nothing. We can imagine that former GM Dave Ingegneri witnessed equally troubling episodes, yet said nothing.

When Bill Masters heads to court on Thursday against Steve Locke and the other defendants, these are the kind of people he will be up against: soul-less people who will stop at nothing to get their way.

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Filed Under: 10/06 Election, Board Conduct, Board Meeting, Lawsuit Tagged With: Allison, Buermeyer, Ingegneri, Locke, Martel, Masters, Murphy, Noel-OBrien, Pat-Shields, Poyer, Ray-Sohl, Rees-Broome, Segan-Mason, Suzy-Marcus

Off To Court They Go…

August 27, 2007 By LakeHolidayNews Leave a Comment

In late May, Lake Holiday resident Bill Masters filed a lawsuit in the Frederick County Circuit Court, seeking a judicial review of the October 2006 board of directors election.

[Read more…] about Off To Court They Go…

Filed Under: 10/06 Election, Board Conduct, Lawsuit Tagged With: Allison, Fuerst, Jim-Vickers, John-Conrad, Margie-Hoffman, Masters, Miller-&-Smith, Moriarty, Oakcrest, Pat-Shields, voting

Hear What Other Directors Have To Say

March 5, 2007 By LakeHolidayNews Leave a Comment

Update: Due to a glitch when uploading the related audio files, some users reported hearing static instead of an understandable audio track. We’ve fixed that glitch.

Noel O’Brien’s arrogant comments have put the spotlight on the thoughts of other board members.

Listen to these startling revelations by director Margie Hoffman.

[Read more…] about Hear What Other Directors Have To Say

Filed Under: Board Conduct Tagged With: Allison, Margie-Hoffman, Noel-OBrien

LHCC Board Votes Down Humanitarian Assistance Policy

March 4, 2007 By LakeHolidayNews Leave a Comment

Colby
The Boyd family’s cherished cat Colby has gone and remains missing since mid-February. Finding Colby safe and sound is the paramount objective. If you’ve seen or have any information to help Colby get back home, please call or email us, and we’ll quickly put you in touch with the Boyds.

Colby’s unfortunate disappearance brought to the fore the issue of signs at Lake Holiday. The Boyd family had run afoul of Lake Holiday’s prohibitions on signage in their efforts to locate Colby. They took the initiative to encourage the Board to show more reasonableness in administering Lake Holiday by developing a more humanitarian outlook. However, at the February 26th board meeting, the LHCC Board voted down the humanitarian assistance policy championed by Sharon Boyd.

[Read more…] about LHCC Board Votes Down Humanitarian Assistance Policy

Filed Under: Board Conduct, Board Meeting Tagged With: Allison, Anderson, Buermeyer, Locke, Margie-Hoffman, Martel, Noel-OBrien, Pat-Shields, Poyer, Ray-Sohl, Sharon Boyd, Suzy-Marcus

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