2025-09-30 Special Meeting Benches Contract Termination

Meeting Validation:

1. Meeting called to order by current President, Nelda Fink at 7:30 PM
2. Validate Meeting as per bylaws,
   • notice was sent via email September 29, 2025 to all BOD members, BOD quorum met,
   • BOD members validated.

Motion & Discussions

The association hired Mike Bizhub, an independent contractor, to complete the bench painting and restoration project. While the intent was to support a local tradesman, the following issues have consistently hindered progress and quality:

• Unreliable Attendance: Out of the first 22 workable days, he missed at least 10 with no valid justification.

• Poor Workmanship: Numerous corners have been cut or appeared would have been cut, requiring oversight to maintain basic standards.

  • Black spots possible mold remain on dried wood when request was to remove by sanding or planing. Leads to accelerated deterioration of wood and finish.
  • didn’t have proper tools and borrowed or asked to be rented
  • Boards not cut to proper lengths to build top with frame around it
  • Continued to varnish in high humidity when asked not to (leads to air bubbles in varnish)
  • Refused to varnish required 4 – 6 coats
  • Discouraged primer on non-varnished / painted surfaces (bases and non-locust wood tops)
  • Did not appear in discussions to be willing to paint bases down to the concrete and would stop at the grass line
  • Paint prepping not started when requested to do so leading to suspicions that it wouldn’t be completed. (Like with sanding out the black spots above)
  • New base foundations poorly built with 
    • only 6 inches of stub in concrete, 
    • only 8 – 10 inches of concrete in ground, and 
    • 2 2×4’s paired together. 
  • Should have been 
    • 4 x 4’s as per specs in contract with at least the same length in concrete as out of concrete,
      
    • 30 inches concrete in the ground with 8 – 10 inch diameter
    • same length of base stub in ground as out of ground

• Dependence on Oversight: Progress has been dependent on frequent reminders, access assistance, and tool loans from management (Ms Fink).

  • refused to complete even one bench — contrary to piece meal plan established in contract. Continued down “production construction” method leaving no benches finished.
    

• Financial Mismanagement: Despite a $380 material allowance for specific materials, the only material purchased was concrete (~$40) and pressure treated 2 x 4 x 8’s (~$100).
  

• Unprofessional Conduct: Multiple excuses have been offered for delays, with little accountability. Did not see his “corner cutting” as wrongdoing. Blamed President for withholding materials so that he could not move forward, even when his prepping phases were not completed and those materials were not needed at that point. Ms Fink was withholding to ensure the prep work would be done, which clearly it wasn’t.

Motion to terminate this contract with a set payment to compensate for his time, considering that much more work will now be needed to undo the poor workmanship of this contract and that Mr Bizhub was on site only approximately 31 hours out of possible 4 straight weeks, the BOD decided to pay Mr Bizhub $20 per hour and subtracting the $380 advance for materials with the option for him to retrieve any materials he believes belongs to him with a total check of $220 being sent to Mr Bizhup. Motion seconded by Mr Payne, Motion passed 4 in favor, 0 opposed.

BOD also ordered that a more precise statement of work be produced before selecting another person to perform this work and that an independent estimate of the cost to complete be established to determine the most realistic cost to complete this project. That new statement of work can be found here.

Meeting adjourned at 7:45 PM.