Post by Poor Richard on Oct 12, 2021 16:36:36 GMT -7
GLA Board Meeting Synopsis - October 6th, 2021
"Secret" Agreement to Destroy Glastonbury is Revealed
The Glastonbury Landowner's Association (GLA) held a virtual and call in board meeting on October 6, 2021 at 7 PM. Only seven of nine directors were present; Director Accatino and Brozovsky skipped the meeting. Many landowners called in. Vice President John McAlister officiated. The landowner comment period was deleted from the agenda along with many important items of business. In his opening remarks, McAlister read the official Resolution that came from the October 4th private Mediation meeting between the Dissolution lawsuit litigants and the GLA. A Memoradum of Understanding (MOU) document, written by lawyers was presented and accepted at the end of the October 4th Mediation session. Several GLA directors signed the MOU document on or slightly after October 4, 2021. The lawyers then drafted it into another document they called a Resolution. The MOU was attached as Exhibit A. Vice President McAlister read both the Resolution and Exhibit A, the MOU, to the audience. No hard copy was given to landowners. His voice often wavered and he stumbled through several passages. You may download the Resolution with Exhibit A download the Resolution with Exhibit A and view signatures here. Director Dirkers was the only GLA director present at the Mediation Meeting who refused to sign the MOU. Directors Accatino and Brockett did not attend the private Mediation Meeting held in Bozeman at Attorney Jackson's office.
Director Brockett commented that the Resolution was a "secret deal" written by lawyers and signed without any input from landowners. He argued that the agreement violated state law and GLA governing documents by severely limiting what actions the board could take. Elections were forbidden as were appointments to fill board vacancies. The GLA was no longer allowed to approve minutes and forward them to landowners. Then his phone connection was intentionally muted and the audience was prevented from hearing his other comments.
The lawyers and the powers of the MOU appointed John McAlister as President. The Bylaws only allow directors to elect a member as president. McAlister already was Vice President and Treasurer. The Bylaws also prohibit a president from holding any other office. So President/Vice President/Treasurer John McAlister asked for a GLA board motion to approve the Resolution. Every director present except Dirkers and Brockett voted yes. Brockett was finally unmuted when his name was called during the roll call vote and no one could hear his reply.
The Project Review Committee was next with several applications. All were approved. One of the applicants drilled a well without paying fees, filing forms or seeking approval from the board. Normally landowners are assessed a $250.00 fine for starting a project without a review. She was given a pass and did not have to pay the fine.
Director Dirkers presented the Road Committee report even though the Board denied her a Road Committee Chairman's position last winter. The Road Committee has not had a chair since last February when John Carp was fired. As usual her report was thorough, informative and helpful. Dirkers asked if anyone had questions and answered those that were presented.
Director Brockett commented that the Resolution was a "secret deal" written by lawyers and signed without any input from landowners. He argued that the agreement violated state law and GLA governing documents by severely limiting what actions the board could take. Elections were forbidden as were appointments to fill board vacancies. The GLA was no longer allowed to approve minutes and forward them to landowners. Then his phone connection was intentionally muted and the audience was prevented from hearing his other comments.
The lawyers and the powers of the MOU appointed John McAlister as President. The Bylaws only allow directors to elect a member as president. McAlister already was Vice President and Treasurer. The Bylaws also prohibit a president from holding any other office. So President/Vice President/Treasurer John McAlister asked for a GLA board motion to approve the Resolution. Every director present except Dirkers and Brockett voted yes. Brockett was finally unmuted when his name was called during the roll call vote and no one could hear his reply.
The Project Review Committee was next with several applications. All were approved. One of the applicants drilled a well without paying fees, filing forms or seeking approval from the board. Normally landowners are assessed a $250.00 fine for starting a project without a review. She was given a pass and did not have to pay the fine.
Director Dirkers presented the Road Committee report even though the Board denied her a Road Committee Chairman's position last winter. The Road Committee has not had a chair since last February when John Carp was fired. As usual her report was thorough, informative and helpful. Dirkers asked if anyone had questions and answered those that were presented.
Dirkers reported that North Glastonbury road maintenance was complete. South Glastonbury was just beginning. The Snow Plow contract came up next for approval. Director Brockett asked why Church Universal and Triumphant (CUT) private roads were again included. Director Mizzi presented the old and long discredited argument that in 1998 the GLA signed a contract that required free maintenance forever for all CUT roads. Other directors danced on the head of a pin explaining that CUT private roads were needed for "landowner convenience". Brockett stated that over 100 Glastonbury landowners live on private roads and they pay assessments. Yet their private access roads receive no maintenance at all. However CUT private roads which are NOT under the legal jurisdiction of the GLA continue to receive free maintenance. The motion passed with only Director Brockett voting no.
The August Financials were presented next by Treasurer/Vice President/President John McAlister. Switching hats he presented the August Financials and his accompanying report. He answered questions and then asked for a motion to approve. Director Brockett protested. He stated that he fully trusted McAlister but he needed to view primary documents before he could approve the Financial reports. Brockett gave the example of balancing his personal checking account. It was impossible to do without viewing his bank statement. He noted that all directors are prohibited from seeing GLA bank statements and most invoices. They have no way of verifying if mistakes were made, what invoice charges were specifically for and who was writing and signing checks.
Brockett then revealed that Director Charlotte Mizzi requested a GLA debit card from the Bank of the Rockies and asked that it be sent to her personal PO box. The Bank of the Rockies was informed previously that Mizzi was removed on August 23, 2021 as a GLA officer and secretary and thus should be removed from access to the GLA bank accounts. Brockett asked McAlister why this did not happen. McAlister stammered and explained that he was "working on the problem". Brockett when on to state that applying for a debit card using false information is a federal crime. What was McAlister going to do about it? No reply was forthcoming. The Forum has confirmed that Mizzi still has access to the GLA bank accounts. Mizzi also possess a valid GLA debit card and has used it to purchase services. McAlister stated that he was okay with that because the greater good was served.
The August Financials were presented next by Treasurer/Vice President/President John McAlister. Switching hats he presented the August Financials and his accompanying report. He answered questions and then asked for a motion to approve. Director Brockett protested. He stated that he fully trusted McAlister but he needed to view primary documents before he could approve the Financial reports. Brockett gave the example of balancing his personal checking account. It was impossible to do without viewing his bank statement. He noted that all directors are prohibited from seeing GLA bank statements and most invoices. They have no way of verifying if mistakes were made, what invoice charges were specifically for and who was writing and signing checks.
Brockett then revealed that Director Charlotte Mizzi requested a GLA debit card from the Bank of the Rockies and asked that it be sent to her personal PO box. The Bank of the Rockies was informed previously that Mizzi was removed on August 23, 2021 as a GLA officer and secretary and thus should be removed from access to the GLA bank accounts. Brockett asked McAlister why this did not happen. McAlister stammered and explained that he was "working on the problem". Brockett when on to state that applying for a debit card using false information is a federal crime. What was McAlister going to do about it? No reply was forthcoming. The Forum has confirmed that Mizzi still has access to the GLA bank accounts. Mizzi also possess a valid GLA debit card and has used it to purchase services. McAlister stated that he was okay with that because the greater good was served.
In a GLA board email sent to Director Tim Brockett on October 12, 2021 Director Mizzi threatened Brockett by writing:
Keep it up Tim! You are putting yourself in great jeopardy by continuing stating falsely that I and the Bank are in cahoots. I already have a complaint with the bank and I will pursue your complicity with this charade.
By the way, I am still the Secretary until there is a new election.
Charlotte Mizzi
Secretary to the GLA Board
By the way, I am still the Secretary until there is a new election.
Charlotte Mizzi
Secretary to the GLA Board
The MOU that Mizzi signed stated that the question of who was an officer of the GLA was to be "held in abeyance". Thus Mizzi violated the MOU by continuing to insist that she was the GLA Board Secretary.
The Financials were approved. Only Brockett voted no.
President/Vice President/Treasurer McAlister then asked to close the already rushed and compressed meeting. Director Dirkers interjected that the Landowner Comment Period was deleted from the agenda. She asked if they could be heard now. Another director grumbled but McAlister relented. One landowner asked why Mizzi was allowed to vote on the Resolution since she was suing the board? He said that violated state law because she had a conflict of interest. He also noted that if she was not allowed to vote the Resolution would have failed. McAlister assured the landowner that their attorneys said Mizzi did not have a conflict and thus could vote. Left unspoken was the fact that three other board members, McAlister, Ladewig and Sedlak were also allowed to vote even though they were seeking to destroy the GLA. McAlister was even made President by the secret agreement and thus was in a stronger position to insure that the GLA remained dysfunctional.
Several of the Dissolution litigants spoke and presented their reasons for seeking to end the GLA as it presently exists. They acted as "landowners" who saw the "GLA was dysfunctional" and thought their lawsuit could correct the problem. Another landowner asked why were landowners excluded from voting on such a change? They were kept in the dark until this board meeting. McAlister answered by assuring that the attorneys would write a letter to the landowners soon. Landowners could then air their thoughts in a letter to Judge Gilbert who would make the final decision. But no landowner vote would be held.
Director Brockett commented that in 1997 and again in 2007 the Covenants were changed by landowner votes. The process was detailed, long and arduous but every landowner was included. Dissolution or separation required changing the current Covenants. He argued that landowners must be allowed to vote on dissolution and a possible separation of Glastonbury. Property rights and values should be protected.
The Financials were approved. Only Brockett voted no.
President/Vice President/Treasurer McAlister then asked to close the already rushed and compressed meeting. Director Dirkers interjected that the Landowner Comment Period was deleted from the agenda. She asked if they could be heard now. Another director grumbled but McAlister relented. One landowner asked why Mizzi was allowed to vote on the Resolution since she was suing the board? He said that violated state law because she had a conflict of interest. He also noted that if she was not allowed to vote the Resolution would have failed. McAlister assured the landowner that their attorneys said Mizzi did not have a conflict and thus could vote. Left unspoken was the fact that three other board members, McAlister, Ladewig and Sedlak were also allowed to vote even though they were seeking to destroy the GLA. McAlister was even made President by the secret agreement and thus was in a stronger position to insure that the GLA remained dysfunctional.
Several of the Dissolution litigants spoke and presented their reasons for seeking to end the GLA as it presently exists. They acted as "landowners" who saw the "GLA was dysfunctional" and thought their lawsuit could correct the problem. Another landowner asked why were landowners excluded from voting on such a change? They were kept in the dark until this board meeting. McAlister answered by assuring that the attorneys would write a letter to the landowners soon. Landowners could then air their thoughts in a letter to Judge Gilbert who would make the final decision. But no landowner vote would be held.
Director Brockett commented that in 1997 and again in 2007 the Covenants were changed by landowner votes. The process was detailed, long and arduous but every landowner was included. Dissolution or separation required changing the current Covenants. He argued that landowners must be allowed to vote on dissolution and a possible separation of Glastonbury. Property rights and values should be protected.
McAlister then quickly moved to adjourn the meeting and ordered a roll call vote. Everyone voted yes but Brockett. He wanted more time so landowners could be heard. The meeting was adjourned and no date for a new meeting was set.