POA to prohibit recording, will livestream meetings

“According to the bylaws, executive sessions can be used when ‘discussions during a meeting will involve matters about which public disclosure would be harmful to the interests of the Association or others, the Board may elect to meet in executive session.’”

BELLA VISTA — A last-minute addition to the agenda of last week’s Property Owners Association board meeting will prohibit individuals from recording the meetings if the policy passes second reading next month.

The Rules and Regulations committee met just before the board meeting and recommended the change.

Section seven of Policy 1.07 is new. It states open meetings will be streamed live on social media and an unedited copy of the recording will be on the association website. No one else will be allowed to record the meeting without the written permission of the association.

Sandy Fosdick argued the association recordings aren’t always good quality. There have been instances when portions of the meetings weren’t available. Also, she pointed out if the board is trying to prevent members from using videotapes of the meetings to make their own points about board behavior, it probably won’t work. They can easily copy a section of the association recording and use it the same way.

Board member David Whelchel said the association has upgraded its equipment recently and the recordings are easily accessible.

Also, board member Mary Sinkus pointed out individuals can tape the meetings if they have permission.

Other changes in the same policy clarified practices relating to the open forum, including reading comments if a meeting is held online.

Sandy Fosdick voted against the policy and also used Jerry Hover’s proxy to vote no. Similar changes were made to policy 1.03, that deals with committees.

The policy passed on its first reading and needs to be passed for a second reading before it takes effect.

Earlier in the meeting, Chairman David Brandenburg and Sinkus, who is vice-chairman, reported on an executive session July 7.

According to the bylaws, executive sessions can be used when “discussions during a meeting will involve matters about which public disclosure would be harmful to the interests of the Association or others, the Board may elect to meet in executive session.”

The board dealt with several items during the July 7 session. First, it interviewed candidates for the vacant seat on the board and chose Mike Abb to fill it. Thursday was the first board meeting of his new term. Appointees serve only until the next board election when they can choose to run for a seat on the board.

Also, there was an allegation of misconduct brought by a member against Brandenburg for allegedly violating Policy 6.02, section 1.5.a, which deals with the release of information including through social media and Policy 1.10 section II.11 which deals with board ethics. The board voted the allegation was without merit, with Hoover abstaining.

There were seven allegations against Brandenburg alleging he violated Policy 1.10, Section II.5 and Section II.8. Those sections deal with directors dealing with members as well as other directors. Again, the board found the allegations to be without merit. Fosdick voted against that action and Hoover abstained.

During the open forum portion, Brandenburg read comments from members who didn’t attend in person. One was against any additional bike trails.

Member Jim Parsons said the association shouldn’t tie water service to the payment of association assessments. He said the pandemic makes water service even more important.

General Manager Tom Judson said the Water Department and membership services try not to shut off water. Customers are allowed to arrange a payment plan if needed.

Member Tommy Freytag said the board shouldn’t be able to remove one of its members and appoint another. If a member has to be replaced, the seat should go to the unelected candidate who did the best at the most recent election.

He also mentioned Bella Vista water bills are much higher than the larger water districts in the region.

Judson said the larger water districts don’t actually have as many miles of lines as the smaller, rural district. Bella Vista is more similar to the rural districts in both water losses and the price of water.

The board won’t fight the city when eminent domain is used to acquire some common property that has been leased to the city. The city needs to own the land to build a fire training facility and Judson said the association has no use for the land. The city has already had the land appraised and will pay a fair price.