OLS BOG Meeting
Wednesday 9/29/2021
Via Zoom
Board of Governors and Association officers in attendance: Matt Merritt (MM), Bryan Even
(BE), Norm Yester (NY), Tom Annulli (TA), Joanne Gilland (JG) (arrived 7:09 PM),Jay Moynihan (JM),
Absent:MaryKate Reynolds, Al Roy (AR), Cliff Winkel (CW), Kathi Stickley (KS),
Member Guests: Approx. 8
________________________________________
Meeting Call to Order: 7:04 PM
Roll of Board and officers present
Approval Minutes 9/12/21: TA/NY
JM noted that there were only two (2) members of the BOG present. JM noted that per the provisions of the Association’s By-Laws, Article III, Section 7 he did not believe that a “quorum” of BOG members was present.
JM also noted that there was no provision in either the Charter (see Section 6) or BY-Laws (see Article IV) that provided/authorized Association Officers to vote at a BOG meeting.
JM stated that because of the lack of a quorum of BOG members at this meeting as required in the By-Laws, he believed that since the meeting was properly noticed to the Association he believed discussions, but no voting could occur. Because of this JM did not participate in any votes.
There was a discussion of attorney Tim Corey and firm Hinckley Allen relative to a legal review of our current/potential obligations per the RFP issued by the BOG.
MM- impressed with the vetting process about attorney and firm.
JM- asked if MM needs a vote from the board to hire attorney.
MM- disagreed because it is a line item; budget was approved at the Spring meeting by the association and recommended by the board to be approved. JM responded that he was unaware of any provision in either the Charter or By-Laws that provided the President could contract with an attorney on his own volition and commit the Association to pay for those services without an authorizing vote by the BOG. JM stated his objection to the stated action by the President.”
MM hopeful several contractors will be interested in Internal infrastructure project.
George Finley has been a tremendous help in bringing up bike racks and gates.
The bid deadline extension for the Force Main of the shared Infrastructure has been extended by a week.
MM reminded board members to be sensitive of sharing board business outside of board meetings. JM responded that in the time since he was elected to the BOG, he had not attended any executive meetings and all information discussed in a public meeting should and could be considered public. He is willing to discuss such public information with any association member.
Comments:
JM- At 9/12/21 BOG meeting, Al Roy was asked to provide the proposed changes to the CSA. We have not seeing anything yet.
JM urged WPCA to develop budgets for both projects. Would like to see a contingency number more than 5% (upwards of 20%) for going forward.
MM- Fuss and O’Neill (F & O) has been notified of this. We have 120 days after receiving the bids
JM- would like a further understanding of bid process after they come in.
MM- the low bidder will be awarded the projects (The low bidder will have been vetted and approved by DEEP) within a 120 day time period. Does not expect to have a decision until the end of the year. F&O would open and review the bids.
The information and recommendation(s) would be forwarded to the OLS WPCA for its review and voted recommendation(s)
Said information and the OLS WPCA recommendation(s) would then be for conveyed to the BOG for its review and voted recommendation(s)
All of the aforementioned information will then be conveyed to the President
NY- Feels the numbers will be coming in over what was approved at the referendum.
JM- Wants us all to understand the process. If we were able to procure additional revenue perhaps from the State, then we would need to deal the process even if the numbers came in above the referendum.
BE- Reminding everyone the importance of legal counsel to understand the current and potential obligations of OLS as well as to explore alternatives compliances and solutions. Asking responsible parties to think now of direct questions that could assist in conversations in order to provide informed decisions.
Motion was made to adjourn the meeting at 7:47 PM BE/TA