Dealing with AC pipe...
The following is my opinion based on my observations and limited information. My knowledge of the laws and regulations is very limited and in no way should be interpreted as any legal advice. You should note that some of my comments below are based on what I do know, but there is so much more that I don't know. Having said that, "The truth has a way of coming out".
First Issue:
This is the disposal of asbestos pipe. This is where there will probably be fines imposed. This is a violation of Federal, State and County laws and regulations. This pipe is being dug up and removed by a licensed contractor certified to do this. This is currently being done with the presence of an EPA team to monitor and do testing.
Surfside Homeowners Association and North Beach Water, as manager of our water system, are responsible for this. I think we will see penalty action on this sooner than the second issue. The removal of the pipe is a priority action. The removal is happening now. What our insurance will cover, I am not sure, but been told it will not cover this.
Second Issue:
This is the criminal investigation concerning exposure to asbestos fibers. The focus of this will be on individuals who may have committed a crime by exposing employees or others to the hazards associated with the handling of this pipe. Who was aware of this and when? I have seen evidence that proper handling and procedure was known, but knowingly violated. The EPA investigators are aware of this.
Individuals will be accountable for their actions. This issue may or may not be resolved as fast as the first issue. You will have the investigation, charges, prosecution and then penalty. As we know, this issue can be resolved in a number of ways. The legal expenses for this issue will be borne by the individuals involved. I would expect that they will be seeking their own legal council, if they have not done so already. The finger pointing and cover up has started.
The real outrage:
More than an increase in member dues and assessments resulting from legal fees, fines or other actions, keep in mind the real victims of this mess....They are the employees and others who have been exposed to the air borne asbestos fibers. No amount of fines or other actions compare to the health risk they have for the rest of their lives. We know that the effects of exposure may not show up for years. These are young people who will need monitoring for the rest of their lives.
Ending Note:
I have no pleasure in reporting this or other issues that divide our community. Our members and employees deserve to be served better than we are. I expect more of the usual attacking the messengers. That includes those who make comments here. Unfortunately, this mess will be published in the news media, especially if we are cited to set an example. This will hurt the image of the already damaged reputation of our community. This will be resolved and we will move on. How we move on is the big question.
At least....
Our water is safe to drink.
27 comments:
And in the end, those who were exposed come out the losers. Accountability to all that knowingly participated in this crime will prevail. There is no way that the reputation of this HOA will survive and the assosciation will be broke and dissolved when this is fully disclosed. Words of wisdom: if you are on the guilty list, best be securing legal counsel for yourself. You’re gonna need it.
Should the HOA get stuck with the fines, we can recoup under the following method: Do not sue the Board in total, this will only mean that the membership would potentially pay the Board’s legal fees. Instead, pick the person that hired Mr. O’Neal and sue only him/her. It could be proven that the person giving the final hiring approval was negligent due to not doing a thorough due diligence. Obviously they hired him without knowing his lack of knowledge for removal and disposition of the asbestos pipe, even though this was an ongoing project at the time. I would suppose that person would be the President of the BOT at the time O’Neal was hired. Hard to make O’Neal complicit at the time If he was never asked to prove his knowledge. However, after what has taken place, he should be held as a wiling accomplice. I suggest 2000 property owners will not want to pay for crimes they did not commit or had no knowledge of. Even 100 folks filing suit should recoup the potential fines. Personally I hope Kirby was President, but any of them over the past ten years will do.
Our entire water system including the pipe replacement is under the management of North Beach Water District. They are the responsible party that should be sued by the association for all legal costs and fines. The North Beach board of commissioners has provided Mr. Neal as their representative to manage the Surfside water system and all the infrastructure associated with it. There should be no cost for the HOA including any legal costs associated with recovery of buried pipe or employee exposure to asbestos pipe. It is the responsibility of North Beach to provide safety training and responsible supervision. It is also their responsibility to provide safe and proper disposal of cement asbestos pipe. They have failed on all accounts. Their contract should immediately be terminated and another qualified contractor/operator be hired immediately in their place. North Beach should be required to pay that cost for 120 days or until a new permanent water supervisor is employed by Surfside.
The association President and Vice President should be immediately removed. The Business Manager should be fired and all access to records should be denied to Mr. Neal, Flood, Williams and the Business Manager. A qualified accounting firm should immediately be employed for Business Office functions until a qualified replacement is hired. At present there is a high risk that records will be altered or distroyed.
Is there an actual contract between SHOA and North Beach Water?
I would put nothing past Williams, Flood, Clancy, Rotten Kirby and BM. Time to change the locks on the SHOA office and bar them from entering. Mark my words, we are headed for quite a scandal. If we only knew what has really taken place. This corruption has been going on for over 10 years.
Yes there is a contract. They don't want us to see it. It should be public. Bet most on the board have not seen it. They should demand to see it. What are they hiding?
George, can we get the publication of the contract put on the agenda for the next Board meeting? If not, we need to take action to notify the general membership. And please forgive me as referring to Bill Neal as "O'neal" in my previous posts.
The North Beach Site doesn't seem to offer much information, but it appears that they are a County entity whose primary function is to provide water to customers and monitor water quality in their district. They obviously do not provide water to Surfside, but given that Bill Neil is THEIR employee, it appears that they are at the top of the management pyramid.
But as mentioned before, there seems to be no clear chain of accountability, the Surfside BOT living on-site, funding the Dept. and mandating the waterline replacements can't pretend to be unaware of improper procedures, or that they were unable to communicate with Neil and other Water Dept. employees.
I would venture to say, that no single Board member should be seen as more at fault unless their duties were specifically to oversee procedures at the Water Dept.. Mr. Flood is apparently the individual who has pushed the annual replacement project, and we'd think, be very much aware of improper procedures.
As HOA president we would think that knowing of improper procedures and not trying to correct it makes him duplicitous.
The entire gang is crooked, and needs to go.
Let me repeat: all of em need to go!! Hire a GM to come in and clean house.
So who pays or goes away?
Insurance pays, probably not for such a blatant willful criminal act
North Beach Water (NBW) possibly, it depends on the intricate contract wording and with NBW being a Public entity with responsibility and oversight over SHOA's private state regulated water system. So one does need to ask considering the management fees paid for Neal's service where a portion the fees gos goes directly to NBW are they not also complicit in this matter?
BOT water dept trustee for last ten years was Jim Flood / Gary Williams ?
Bill Neal via North Beach Water has been responsible for overall operation since 2010 ?
Gil Gonzales has been responsible for daily operation since 2010 ?
So who goes?
Who loses their certifications = job loss
So, who pays for this willful procedural change disregarding all regulations?
The money for Mr. Neal’s services are paid to Northbeach, they pay Neal and keep a portion. Neal also gets a vehicle and expenses. Mr. Neal’s wages come partly from the contract, and his wages for managing Northbeach. He is paid “very” well.
10:29 AM the use of the term " crooked " is ridiculous. Maybe the term incompetent would apply. Board members derive no benefits from their actions.
Crooked in NOT ridiculous. Just the truth. Call it like it is! A crooked mess!
An inflated ego is of value to those in short supply. Also keeping your view on J and your special view through the dunes.
Obviously, you haven't been watching. The Board members are the ONLY ones deriving benefit around here, and will continue to do so by misrepresentation, lying, and subversion.
Is it too late to bring that conspiracy allegation back? Look like it might have some legs.
10:29. Your opinion will not hold up on the courts. Look up the definition of be on the watch: that explains what’s going to take place after investigations of the SHOA .
Just me? Or 12:59 not making sense?
Once again name the benefits 12:22 PM. We all suffer or benefit from poor decision making by the Board. No one is immune. I find it amusing that you all talk of conspiracy from a group that meets once a month. Maybe they all have secret " burner phones " to communicate behind our backs. Or possibly they all meet in a dark corner of Doc's to hatch their schemes.
Yep,
1- one time saw Kirby discussing SHOA business at the OP Post office with Doc's owner.
2- unofficial meeting at BOT member house to conspire against an employee
It is a fact that many things are occuring (illegally) all the time for a very long time under your current long time leadership
Yes, and the board recently had another illegal secret board meeting. No announcement as required and no minutes.
I have seen Kirby at Doc's many times in the morning. He was secretly discussing something with the owner. I found out later Kirby had a rather large over due bar tab, he was trying to setup a payment plan.
It was not a secret meeting, all board members were in attendance, SMH, you people with the conspiracy theories need to get a life
The members were not notified and no minutes were made. That's secret and illegal.
Always have wondered where the minutes are for the meetings held outside of the once a month on Saturday meetings. Decisions like the hiring of well driller Neal were made at such a meeting. Where are the minutes to justify the hire that has resulted in years of monetarily wasteful decisions and questionable water purity for the members of Surfside? Where are the minutes for ALL of these special meetings?
I think that we should all band together and get the lot of them out and elect and new and competent board. I'm tired of all the secret and illegal behavior.
You mean like the Blagg posse tried to do at the annual meeting? How did that work for you?
Either you step up or find people who actually feel as you to step up and run for the board. Then find enough people who feel like you to vote them in. That's how it works. Unfortunately you and the Blagg contingent haven't done that. Like it or not the majority of members who run for the board and more importantly who vote don't feel the same as you.
But thankfully you at least have this place to come to complain.
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