Board Delays Vote On Berger, Waits on Bylaws

By Jackie Ryan

In a six to one vote, the OVA Board of Directors tabled a motion to move forward on a Berger contract with a design-build firm, citing yet unresolved questions around cost, scope and contract negotiations. Director Neill Ray, who introduced the resolution for action at the June 16 meeting, cast the only dissenting vote on holding off for now.

Steve Spanier, board president, said in the coming weeks the board will continue meeting with Energy Systems Group (ESG) to refine terms and costs before making a decision. All directors shared their current perspectives on the three-tiered proposal, ranging from the urgent need to replace HVAC systems to expanding the facility by some 1,000 square feet to improve functionality, largely agreeing that more time is needed ahead of any decision.

Related: President’s Message: Keeping You Informed

“We’re just not there yet,” said Director Terrie Mui, expressing the majority opinion. “The board has been having a lot of in-depth discussions. …  It’s been a very good discussion of different points of view.”

“This is a very important project,” said Spanier. “We’re potentially going to spend more money on this project than I believe we have for any other project in the history of our community. We would feel a lot more comfortable voting on anything with regard to the ESG Berger proposal if we understood the other moving parts in the community right now.”

At the May meeting, General Manager Christel Antone revealed ongoing work that factors in the complex relocation of Berger (and communitywide) activities during construction, pending golf lease renegotiations and potential purchase of the building where OVA rents administrative offices.

Noting advantages to design-build models, the board is expected to complete redlining the contract and then send to ESG for its review.

On other items, the board also took no action on a proposal from Director Ray to seek court relief on the recently failed community vote to change the bylaws voting threshold. Directors voted six to one, with Ray voting against, to postpone indefinitely any decisions on bylaws revision based on advice from OVA attorneys.

Director Jess Marzak urged the board to hold off for now. “We’ve been advised that the best way to go to the court is not with the bylaw amendment by itself, but by rewriting (restating) both the bylaws and the CCNRs at the same time. Put that up for a vote, and then if that fails at that point we have a much stronger case to go before a judge.”

A video of the July board meeting is available online: Video: 6-16-2026 Board Meeting