9/22/2020 2:50:33 PM
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Section 5: OPA Board Subject: Bainbridge Drainage Msg# 1098492
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I understand the project the way they get there you and Marty can debate. I know you both know the By-laws 100 times more than me I will stay out of this part of the debate. I was using phases on how to complete the work in a timely manner but your probably correct. | ||||||
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For reference, the above message is a reply to a message where: Marty knows the By-Laws much better than me. Cool If I were king and for sure I am not, I would start the project like they are doing, let the people vote on the total cost of the project and complete it in phases. I disagree that any phase would be useless without the other due to the fact the infrastructure needs replaced NO matter which route they go. As this pipes get in worse condition so will the flooding. Kerry, I think you are getting confused about what Marty and I are discussing vis a vis referendum. We were not discussing the so-called phased work currently proposed. What Marty and I were discussing with regard to a referendum is the construction of a drainage structure down Beauchamp Rod to the river at the launching ramp. You said the cost of that was estimated to be $4 million about 10 or more years ago. Marty says that can be built in phases and not violate the bylaws. I say he is wrong as no phase would be worth anything unless the complete project was done. Actually, the bylaws state: If the Board is undertaking a planned replacement, renovation, or repair of existing facilities or the acquisition of new facilities or land that will be accomplished in phases, "single capital expenditure" refers to the current phase, provided the Association is under no contractual obligation to undertake successive phases. So, a phased storm drain down Beauchamp Road would no different than building a new Country Club without a roof in order to avoid a referendum. Could a board do it? Perhaps. Should a board do it? No. I believe a case can be made that building a $4million structure (like a drain down Beauchamp) in phases would be a violation of the bylaws. Why? Because a building without a roof or a partial construction of a drainage pipe places the board/OPA under some obligation to complete the project. Otherwise, the money may as well be flushed down the toilet. |
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