Post by Donna Lash-Andersen on Jun 14, 2020 9:11:27 GMT -7
A Summary of the June 8, 2020 GLA Board Meeting
This posting marks the first of a planned series of GLA Board meetings summaries. Because landowners have a right and a duty to know what the board is doing for them, and since the official meeting minutes fall short of that goal, I feel compelled to write these summaries. Your comments, questions and concerns are welcome. Donna Lash-Andersen donna.lash@gmail.com.
The six-hour June 8, 2020 GLA Board meeting started with a closed session for directors only at 6:30 pm, and finally opened up to the public shortly before 8: 00 pm, concluding after midnight. Discussion was repeatedly interrupted by those who stated they could not hear what was being said – a situation due in part to a poor phone connection for call-in attendees, compounded by directors who frequently interrupted one other and spoke over others. Five directors attended the meeting by phone and six in person. Board Secretary Charlotte Mizzi was excused for health reasons.
No details were available about the agenda for the closed session, which was said to be indemnification.
No details were available about the agenda for the closed session, which was said to be indemnification.
Key points from the Open Board meeting
1. Proposed board liability insurance policy could end the board’s $30,000 self-insurance fund
2. Project Review to begin inspections at beginning and end of construction
3. Owner’s representatives for non-approved non-compliant construction voluntarily agreed to stop work and submit new plans
4. Treasurer’s report is approved for first time for new Treasurer Jean Carp
5. Non-approved road work and non-approved road invoice payments show culture-clash between those who do and don’t support GLA rules and procedures
6. No action on concerns about President Newman Brozovsky and Secretary Charlotte Mizzi consulting attorney without first noticing the board
7. Board will not address complaints about lengthy gun fire noise complaints
8. Landowners will be asked to vote on as many as 20 draft changes to the Bylaws in July
Landowner Comment Period
Members’ questions dominated the opening landowner comment period. “Why was the official notice of the meeting time and place sent to landowners just hours before the meeting commenced?” “Why wasn’t the website used to give notice of the meeting?” When will the February and March 2020 board meeting minutes be available?” President Newman Brozovsky’s explanation that Secretary Charlotte Mizzi was out for health reasons, that only led to further questions about why the GLA Administrator or someone else directed to provide basic services to landowners, such as the official meeting notice and timely meeting minutes? The board took no action on any of the audience’s numerous questions.
A separate question from a landowner also brought no action from the board. Stone asked to be relieved of his unpaid GLA assessments (no amount was named) because he is a 100% disabled military veteran. He urged the board to follow the lead of Park County who has recently agreed that Stone can live on his North Glastonbury (NG) property without paying any of his delinquent or current county real estate taxes due to his military disability.
President’s Report
GLA Administrator Karleen McSherry reported that while she was researching liability insurance for herself as the GLA Administrator, she found a potential insurance liability policy to cover herself and the board for about $1500/year. The board agreed to study and vote on the proposal by email before the June 21, 2020 deadline. Some years ago, when the board’s liability insurance premiums became cost prohibitive (reportedly close to $40,000/year) due to numerous lawsuits,the board had to repeatedly allocate $30,000 from the budget for to cover legal expenses.
Even if the new liability insurance is purchased, it will not cover the $59,000 lawsuit filed by GLA’s former Treasurer Mark Seaver against the GLA President Brozovsky, Secretary Mizzi and the association on April 13, 2020. Seaver alleges that both Brozovsky and Mizzi failed to perform their official duties and did not provide oversight for the Administrative Assistant, Karleen McSherry. Nor will it cover any costs regarding the Army Corp of Engineers Violation notice sent to GLA concerning work on Goldmeyer Creek in South Glastonbury (SG)on December 8, 2018.
Project Review
A board vote to give the Project Review committee members authority to inspect landowner projects at the beginning and end of construction was unanimous.
Study on the question of how to handle nearly $20,000 of unclaimed construction bonds continues. It appears that some landowners have not asked for the return of their construction bonds lest it be discovered that their project differs from what was approved. This money belongs to landowners and is not available for board use.
Study on the question of how to handle nearly $20,000 of unclaimed construction bonds continues. It appears that some landowners have not asked for the return of their construction bonds lest it be discovered that their project differs from what was approved. This money belongs to landowners and is not available for board use.
NG Parcel 64 Construction Project in Question
A nearly hour-long discussion followed on how the board should enforce the Covenants and Master Plan when a landowner builds a non-approved and non-compliant project. At issue is a large two-story structure on Caspari at Parcel 64 in North Glastonbury (NG). Mike Adkins, presenting himself as the new project coordinator for the owner replacing William Smith, and Architect Lucas Schad, told the board that while they are aware of the awkward past, they had come to the meeting to learn what would be needed to move the construction project forward.
The project was initially approved as a one-story barn-type storage building without plumbing. Schad stated that the wiring, plumbing and interior walls are in currently in place and that the project calls for five separate suites and exterior doors. However neighbors reported that they were told the initial plan was for eight apartments with kitchens, one for each of the applicant’s children. Others understood there were plans for an eight-unit hunting lodge. GLA does not allow multi-family construction.1 Go to endnotes.
Schad and Adkins intend to present new plans a week before the next Project Review Committee meeting scheduled for Monday, June 29, 2020. They also agreed to stop work on the water and septic systems, even though the owner would reportedly like to take residence in one of the units in about a week. GLA Administrator McSherry told Schad and Adkins that it might also be possible to ask for a variance.2 Go to endnotes.
As the adjacent neighbors, non-landowners John and Jean Carp dominated most the discussion about this project. They spoke in great detail of their concerns for the additional traffic and safety on Caspari, a one-lane road with two blind corners, the non-approved construction, the on-going work on the non-approved construction, and their loss of privacy.
A question from Dirkers about another reportedly non-approved construction project in SG was disallowed by McSherry, the GLA Administrator. Though President Brozovsky is known for conducting long meetings and allowing discussion on non-agenda items, neither he, or any other director, took any action to counter McSherry’s silencing of Dirkers.
No Secretary's report was available.
Treasurer's Report
The board approval of the multi-paged financial report given by GLA’s Treasurer (13 pages in the landowner version and more for the board) was a first for Jean Carp. Her April Treasurer's Report was not approved at the May GLA Board meeting.
Director John McAlister argued that it is not reasonable to receive complex financial reports just a few hours ahead of the meeting and then expect director's approval on such short notice.
Director Claudette Dirkers pointed out that because there are unpaid road invoices dating back to February, 2020 for about $10,000, she could not feel confident about approving the financial report. Treasurer Jean Carp stood by the accountant’s printout and stated that every invoice that she has been given has been paid. However, she did r acknowledge that some road invoices may still be coming.
Election Committee
The new Co-chairs for Election Committee are Directors Jerry Ladewig and Ken Hurley. Hurley is expected to serve this position briefly as he has a pending offer on his SG residence.
In what appeared to be foreknowledge that she would be appointed as a Co-chair of the Election Committee, Ladewig asked the board to approve her survey letter to landowners about the GLA 2020 Annual Election. The Board approved her letter. Considering the Covid 19 virus, the letter asks landowners if they want the November election of board members to occur in person (with safety practices) or by mail only.
Road Committee
The board heard questions and concerns about non-approved SG road work orders and cost overruns for NG road work. John Carp, a non-landowner, serves as Co-chair of GLA Road Committee for NG. Director Ed Dobrowski is the Road Committee Co-chair for SG.
Dobrowski reported that the SG spring roadwork looks nice, though he had yet to see a bill from Chad Standish, GLA’s road maintenance contractor. To answer Dirkers question about whether the work order for SG roads had been approved by the board, Dobrowski retorted that board approval does not matter because “We, the committee, agreed on it”.
“No”, countered Dirkers, “The board must approve all road work contracts”. When told by fellow directors and the President that she was wasting everyone’s time, Dirkers stated that she was only trying to get the board to follow its own Bylaws.
“And she has a valid point” stated McAlister, who then stressed that the board needs to use its rules and procedures and that it is useless to browbeat anyone. “I am a law and order man," he stated.
The problem, continued Dirkers, is that GLA could be in legal hot water when work orders are given by an individual rather than the board. Dirkers cited chapter and verse in the Bylaws that contradicted the President’s perception that the board does not need to approve roadwork orders. In a wrap up statement, President Brozovsky, said that if mistakes were made, they would not happen again, and that it was time to move on.3 Go to endnotes.
Dobrowski also reported that no spring road work would be done above SpecTec due to a lack of money. This marks the second year of no road service for the highest High South roads. Like other chaos points in the meeting, the subsequent loud voices and overtalk did not lead to any board action. Dobrowski has stated on numerous times that the priority use of SG road money is for the Low South roads which are used by the majority of landowners.
Questions about the NG spring roadwork invoice of about $10,000 and the $3800 overrun led to still another heated exchange. When President Brozovsky tried to stop Dirkers’s comments saying it was pointless to go on and on, McAlister noted “…but this is a very important point. The roads are where the majority of the GLA money is spent”.
John Carp reported that after he had discussed the overrun costs with Standish and found them acceptable, he had directed his wife, Jean Carp, the GLA Treasurer, to pay the bill. To answer Dirkers’s question of why he did not seek board approval for the payment of the bill, John Carp said it was only reasonable to pay for approved road work and that the bill had been paid. To answer Dirkers’s question of whether the bill had actually been paid, Jean Carp first said it was, and then she said she would need to check into things to know for sure.
John Carp’s request to have three other paved road maintenance projects done in NG was approved. One project would repair a section of Sirius Road, a private non-platted road owned by Church Universal and Triumphant.4 Go to endnotes
Background: research done by former board member Leo Keeler found GLA has historically maintained the roads in NG which are owned by Church Universal and Triumphant (CUT). Negotiations between CUT and GLA to update road easements began in earnest some years ago and appear to be stalled at this time.5 Go to endnotes
John Carp’s request to reinstate roadside mowing to a width of four feet on paved roads at a cost of $1,690.00, also carried. This board action reverses the board’s previous policy, as published in the Spring, 2020 GLA Newsletter. That policy makes landowners solely responsible for mowing and maintaining road easements on their property.6 Go to endnotes
Legal Committee
The board failed to take any action on questions and concerns about President Brozovsky and Secretary Mizzi consulting with the GLA attorney without informing the board. Ed Dobrowski was scheduled to be removed from the committee. He protested and was retained. John McAlister was voted on the committee.
Complaint Committee
The board approved two letters drafted by the Complaint Committee to resolve complaints without disclosing the content. The letters were addressed to landowners Sabrina Hanan and Debbie Newby.
Committee Co-chair Ladewig announced that she would not be addressing complaints about six hours of nearly non-stop shooting in NG because it is legal to shoot a gun in Montana. Ladewig surmised that recent gun noise complaints were likely due to landowners sighting in their guns for bear hunting.
However, some of those who heard the lengthy gun fire, believe that a shooting range reportedly set up in NG on parcel 34 for military veterans, is the source of the disturbance. One complaint said the noise could be heard a mile away. Another said it was heard five miles away.
Governing Documents Committee
Though all GLA members were recently invited by mail to comment on changes to the Bylaws draft, only eleven choose to do so. Per some of the feedback, minor structural updates have been applied to the proposed changes. Other ideas from the respondents for additional Bylaw changes were not incorporated due, as Committee Chair Andrea Sedlak stated, to a lack of time.
Director Tim Brockett asked Director Sedlak how many votes were needed to approve the Bylaw changes. Sedlak replied that a minimum of 79 ballots would need to be cast and a majority would have to vote yes. Brockett said that he analyzed the voting list and discovered that the ten largest landowners held 41 votes. Thus just ten landowners could pass Bylaw changes that would be binding on all 330 or so landowners. Sedlak agreed but added that she thought that would not be the case.
Just before the meeting adjourned, Director Tim Brockett asked for information about an earlier question which arose during the Project Review – the question which McSherry, the GLA Administrator had disallowed. It was about alleged non-approved foundation work on a construction site in SG. McAlister reported that when he had asked Project Review Chairman Gerald Dubiel about it, Dubiel admitted that it was a mistake and that that owner had not been told he needed to submit a separate Project Review application for the other new construction.
Endnotes
1. Master Plan 1.1 reads: Residential Housing Maximum residential development for a subdivided parcel is limited to one (1) singlefamily residence and one (1) Guest House or in-residence guest apartment per subdivided Tract or Lot.
2. Covenant Sec. 12.01 reads: The Association reserves the right to waive or grant a variance to any of the provisions of this Declaration, where, in its discretion, it believes the same will not be injurious to the rest of the Community.
3. Bylaw Article VIII A reads: The Board of Directors may authorize any officer (s) and agents (s) to enter into any contract…Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the Association by any contract, engagement, … or to pledge its credit or render it liable monetarily or in any manner for any purpose or in any account. Article VIII D on Payment of Money reads: All checks, drafts, or other orders of the payment of money … shall be authorized by resolutions of the Board of Directors.
4. Covenants Section 8, paragraph c. The Association intends to maintain a private road system within the platted rod easements for vehicular access to the various parcels within the community.
5. View former GLA Director Leo Keeler's research and maps regarding North Glastonbury platted roads here.
6. Download the March 2020 Newsletter.
Download Meeting Documents
- Meeting Agenda - Click here to download a PDF Meeting Agenda.
- May Financial Statements - Click here to download PDF Financial Statements.
