Post by Donna Lash-Andersen on Sept 18, 2020 20:01:14 GMT -7
GLA Board Meeting Summary
September 14, 2020
September 14, 2020
The September 14, 2020 GLA Board meeting conducted by President Newman Brozovski, started shortly after 7 pm at Liberty Hall in North Glastonbury (NG) and lasted over five hours. Nine directors attended in person; Andrea Sedlak and Ed Dobrowski attended by phone. By about 10 pm, the director count was down to nine because Gerald Dubiel and Dobrowski departed prematurely. An estimate of 20 landowners and attendees were present or had telephoned into the meeting for staggered amounts of time.
Highlights from the meeting
- The board disregarded an opinion from the GLA attorney that would have delayed the implementation of the landowner-approved Bylaw change of Term Limits. A majority of Directors exercised their authority as granted in the Bylaws, to confirm that Term Limits take immediate effect and will apply to the November 2020 GLA Board Elections.
- This action means that veteran Board Members Gerald Dubiel and President Brozovsky cannot seek reelection in November.
- The board unanimously censured President Brozovsky for his one-sided action to seek legal counsel about the effective date of term limits, alleging that he acted with self-interest and without the knowledge of the Board and or the Legal Committee.
- GLA Secretary Charlotte Mizzi announced that she will retire from the GLA Board in November 2021. Her announcement trumps the new term limits which would have prevented her from seeking another term in 2021.
- The board voted to cancel road maintenance on the flat, paved segment of Sirius Drive in NG, until ownership and easement questions are legally settled between GLA and Church Universal and Triumphant (CUT).
- There will be no person-to-person meeting or food provided at the November 14, 2020 Election Meeting due to the virus. Voters will only be allowed to deposit ballots at Emigrant Hall and then leave. Instructions will be provided on attending a virtual election meeting via computer.
Landowner input period
NG Project Review Chairman Dubiel was notably silent when NG landowner Ron Wartman asked why his July and August emails requesting the return of construction bond money for a new shed had been ignored. GLA Administrator Karleen McSherry explained that she had not responded to Wartman because Dubiel told her the lot line setbacks were problematic. Speaking from the audience, former PRC member Donna Lash-Andersen assured the board that, per the fieldwork she had done for this application, Wartman’s setbacks met the required GLA standards. Resolution came when Dubiel motioned, seconded by Brockett, to promptly return the bond money. The motion carried unanimously.
President’s Report
President Brozovsky began his report by saying he would try harder to shorten the meetings. That never happened. When the clock moved past midnight, Director Andrea Sedlak suggested holding two board meetings a month. Brozovsky did not discuss the matter.
Brozovsky reported that missing emails from NG landowner Sabrina Hanan, Leo Keeler and others, including Director Aija-Mara Accatino, were found in the spam folder. Director Tim Brockett offered to fix the problems on the condition that he be given full access to the Board email dashboard. A motion by Vice-President John McAlister, seconded by Dubiel, allowing Brockett access in order to solve the problems, passed 8 to 3, with Brozovsky, Mizzi, and Dobrowski opposed.
Note: Brockett’s offer to solve the problems is significant given that he is one of the Directors who does not receive all board emails. The policy of filtering board emails began under Brozovsky’s presidency. Brockett serves as the GLA Webmaster and is restricted from posting information to the GLA website, unless first approved by Mizzi.
At Brozovsky’s request, Mizzi reported that the North Glastonbury Teaching Center (NGTC), an arm of Church Universal and Triumphant (CUT), is willing to sign a conditional agreement with the GLA to open Liberty Hall, for all board and committee meetings for a monthly fee of $100, complete with WIFI. Brozovsky urged the Board to accept the contract because the space is practical for GLA meetings. With virtually no other discussion, directors voted to hold monthly board meetings at Emigrant Hall, indicating committees can determine their own meeting locations.
The motion by Brockett, seconded by Jerry Ladewig, passed 8–3 with Brozovsky, Mizzi and Accatino opposed.
Note: This motion is consistent with earlier discussions about the need to hold GLA meetings at a neutral location, rather than one owned by a church entity whose members are also GLA landowners, and known for their block voting pattern during GLA Elections.
Mizzi, who is also the President for the NGTC Board, announced before the vote that she would abstain on the proposed rental agreement to avoid any conflict of interest. Nonetheless, she voted ‘No’ on the motion to rent Emigrant Hall.
Brozovsky reported that missing emails from NG landowner Sabrina Hanan, Leo Keeler and others, including Director Aija-Mara Accatino, were found in the spam folder. Director Tim Brockett offered to fix the problems on the condition that he be given full access to the Board email dashboard. A motion by Vice-President John McAlister, seconded by Dubiel, allowing Brockett access in order to solve the problems, passed 8 to 3, with Brozovsky, Mizzi, and Dobrowski opposed.
Note: Brockett’s offer to solve the problems is significant given that he is one of the Directors who does not receive all board emails. The policy of filtering board emails began under Brozovsky’s presidency. Brockett serves as the GLA Webmaster and is restricted from posting information to the GLA website, unless first approved by Mizzi.
At Brozovsky’s request, Mizzi reported that the North Glastonbury Teaching Center (NGTC), an arm of Church Universal and Triumphant (CUT), is willing to sign a conditional agreement with the GLA to open Liberty Hall, for all board and committee meetings for a monthly fee of $100, complete with WIFI. Brozovsky urged the Board to accept the contract because the space is practical for GLA meetings. With virtually no other discussion, directors voted to hold monthly board meetings at Emigrant Hall, indicating committees can determine their own meeting locations.
The motion by Brockett, seconded by Jerry Ladewig, passed 8–3 with Brozovsky, Mizzi and Accatino opposed.
Note: This motion is consistent with earlier discussions about the need to hold GLA meetings at a neutral location, rather than one owned by a church entity whose members are also GLA landowners, and known for their block voting pattern during GLA Elections.
Mizzi, who is also the President for the NGTC Board, announced before the vote that she would abstain on the proposed rental agreement to avoid any conflict of interest. Nonetheless, she voted ‘No’ on the motion to rent Emigrant Hall.
Project Review Committee Report
The board spent over an hour reviewing the committee recommendations on 6 construction project applications. The application to place a hoop house in a garden at NG Parcel 8 A-1 was approved with little discussion.
A request to place a cargo container for storage on NG 40-1, was denied on the grounds that it would lower property values as an eyesore and violate the intentions of the Master Plan, despite recommendation for approval by Project Review Committee Chairman Dubiel. Neighboring landowners made it clear that they did not want to look at a storage container in plain view of a platted road. William Smith, speaking for the applicant, argued that the storage container could be disguised with paint and trees.
Brockett reported that there was Board action in the past, likely in the year 2000, that prohibited the use of storage containers in Glastonbury. Mizzi, the most vocal opponent, cited Section 1.4 of the Master Plan, which deals with manufactured homes, Section 1.8, which deals with Light Manufacturing and Section 2.0, which deals with Residential Design Criteria, as reasons to deny the application. The motion by Mizzi, seconded by Accatino, to deny the storage container application passed without opposition. Director Claudette Dirkers abstained on the basis of her friendship with the applicant.
An application for a residence on NG 70 was approved, contingent on the strategic placement of a culvert underneath the driveway.
A request to place a cargo container for storage on NG 40-1, was denied on the grounds that it would lower property values as an eyesore and violate the intentions of the Master Plan, despite recommendation for approval by Project Review Committee Chairman Dubiel. Neighboring landowners made it clear that they did not want to look at a storage container in plain view of a platted road. William Smith, speaking for the applicant, argued that the storage container could be disguised with paint and trees.
Brockett reported that there was Board action in the past, likely in the year 2000, that prohibited the use of storage containers in Glastonbury. Mizzi, the most vocal opponent, cited Section 1.4 of the Master Plan, which deals with manufactured homes, Section 1.8, which deals with Light Manufacturing and Section 2.0, which deals with Residential Design Criteria, as reasons to deny the application. The motion by Mizzi, seconded by Accatino, to deny the storage container application passed without opposition. Director Claudette Dirkers abstained on the basis of her friendship with the applicant.
An application for a residence on NG 70 was approved, contingent on the strategic placement of a culvert underneath the driveway.
A project at SG 51-C for a garage and driveway was approved, as well as an application on a neighboring parcel 51-D, for a guest house, septic and driveway.
A septic and driveway application at SG 51-B also got the go-ahead, pending further approval from the Department of Environmental Quality (DEQ).
Discussion followed on ways to handle the unapproved construction of an addition to a shop located at NG 54-D. To complicate matters, the landowners submitted an incomplete, after-the-fact project application form. From a distance, the addition appears complete. Brozovsky stated the Board had sent a Cease and Desist Letter to the landowner, but the landowner claimed he never received it. The next option, according to Brozovsky, would be for GLA to seek a Cease and Desist Letter from the GLA’s attorney. A court-ordered injunction, the next step after a letter, would cost $3000-$4000 dollars. A suggestion to fine the landowner for starting construction without GLA approval $250 based on a past board motion, did not lead to any official action.
After Mizzi made it very clear that she did not favor spending an estimated $4000 to obtain a Cease and Desist Court Order, the board agreed by consensus to send this matter to the Legal Committee.
A septic and driveway application at SG 51-B also got the go-ahead, pending further approval from the Department of Environmental Quality (DEQ).
Discussion followed on ways to handle the unapproved construction of an addition to a shop located at NG 54-D. To complicate matters, the landowners submitted an incomplete, after-the-fact project application form. From a distance, the addition appears complete. Brozovsky stated the Board had sent a Cease and Desist Letter to the landowner, but the landowner claimed he never received it. The next option, according to Brozovsky, would be for GLA to seek a Cease and Desist Letter from the GLA’s attorney. A court-ordered injunction, the next step after a letter, would cost $3000-$4000 dollars. A suggestion to fine the landowner for starting construction without GLA approval $250 based on a past board motion, did not lead to any official action.
After Mizzi made it very clear that she did not favor spending an estimated $4000 to obtain a Cease and Desist Court Order, the board agreed by consensus to send this matter to the Legal Committee.
Legal Committee Report
President Brozovsky explained that because he and a few board members did not agree with the Governing Document Committee’s position that term limits were effective upon passage of the Bylaws changes and would be applied in November 2020, he went to the attorney to seek legal advice without knowledge of the entire Board.
Note: The July 16, 2020 minutes from the Governing Documents Committee meetings indicate that the committee had openly discussed this matter with the board and routinely stated that term limits would apply to the November 2020 GLA Election.
Brozovsky spoke of having term limits begin in November as a “retroactive” measure when he reported the opinion of the GLA attorney who claimed that term limits should not take effect until 4 years from now.
Counter to this perspective, Dirkers read aloud Article XII from the Bylaws that states, “The Board has the power to interpret all of the provisions of these Bylaws and such interpretation shall be binding on all persons.” Enacting that authority, the board renounced the attorney’s opinion, and instead, voted that term limits were binding when landowners solidly voted to approve them, taking effect immediately and would apply to the November 2020 GLA Election.
The motion from Governing Documents Committee Chair Andrea Sedlak, seconded by Jerry Ladewig, that Directors who have served two full terms are not eligible for reelection in November 2020, passed with a roll call of 7 yes votes, and 3 no votes from Mizzi, Dubiel, and Dobrowski. Despite the fact that Dubiel and Brozovsky had personal conflicts of interest, both having served at least two consecutive 2-year terms, only Brozovsky choose not to vote.
The fact that Brozovsky unilaterally sought legal counsel without the knowledge or approval of the board or the Legal Committee, and the fact that he had a personal interest in the outcome, compounded the intensity of the board’s term limits discussion. Brozovsky stated that he, as President, had the right to seek legal counsel on matters that the board disagrees on, just as other board presidents have done.
Dirkers defined Brozovsky’s unilateral action as Bylaw violation based on Bylaws Article VI, B, which states that “… the board shall in all cases act as a Board,” and also, Bylaws Article VIII, A., that says that, “Unless so authorized, no officer, agent or employee shall have any power or authority to bind the Association by any contract… or to pledge its credit or render it liable monetarily or in any manner for any purpose or in any amount..” without authorization by the Board of Directors.
Sedlak reminded the Board that Brozovsky has a pattern of unilateral actions and that those actions, coupled with his self-interest to alter the term limit application, would be sufficient grounds, per Bylaw Section VII, A., for fiduciary misconduct to remove him from the role of President. Sedlak asked the board to censure Brozovsky. Dirkers stated that the board needs a leader who consistently includes all directors so the Board can effectively act as a whole, rather than being continually divided.
Sedlak’s motion, seconded by Brockett, to censure Brozovsky for his unilateral and self-serving actions, passed unanimously. The motion also gave Brozovsky due process of 15 days to defend himself before the censure becomes official.
Note: Brockett insisted that Brozovsky be given due process even though two months ago, Brozovsky prevailed upon the board to censure Brockett without permitting any due process, whatsoever.
Note: The July 16, 2020 minutes from the Governing Documents Committee meetings indicate that the committee had openly discussed this matter with the board and routinely stated that term limits would apply to the November 2020 GLA Election.
Brozovsky spoke of having term limits begin in November as a “retroactive” measure when he reported the opinion of the GLA attorney who claimed that term limits should not take effect until 4 years from now.
Counter to this perspective, Dirkers read aloud Article XII from the Bylaws that states, “The Board has the power to interpret all of the provisions of these Bylaws and such interpretation shall be binding on all persons.” Enacting that authority, the board renounced the attorney’s opinion, and instead, voted that term limits were binding when landowners solidly voted to approve them, taking effect immediately and would apply to the November 2020 GLA Election.
The motion from Governing Documents Committee Chair Andrea Sedlak, seconded by Jerry Ladewig, that Directors who have served two full terms are not eligible for reelection in November 2020, passed with a roll call of 7 yes votes, and 3 no votes from Mizzi, Dubiel, and Dobrowski. Despite the fact that Dubiel and Brozovsky had personal conflicts of interest, both having served at least two consecutive 2-year terms, only Brozovsky choose not to vote.
The fact that Brozovsky unilaterally sought legal counsel without the knowledge or approval of the board or the Legal Committee, and the fact that he had a personal interest in the outcome, compounded the intensity of the board’s term limits discussion. Brozovsky stated that he, as President, had the right to seek legal counsel on matters that the board disagrees on, just as other board presidents have done.
Dirkers defined Brozovsky’s unilateral action as Bylaw violation based on Bylaws Article VI, B, which states that “… the board shall in all cases act as a Board,” and also, Bylaws Article VIII, A., that says that, “Unless so authorized, no officer, agent or employee shall have any power or authority to bind the Association by any contract… or to pledge its credit or render it liable monetarily or in any manner for any purpose or in any amount..” without authorization by the Board of Directors.
Sedlak reminded the Board that Brozovsky has a pattern of unilateral actions and that those actions, coupled with his self-interest to alter the term limit application, would be sufficient grounds, per Bylaw Section VII, A., for fiduciary misconduct to remove him from the role of President. Sedlak asked the board to censure Brozovsky. Dirkers stated that the board needs a leader who consistently includes all directors so the Board can effectively act as a whole, rather than being continually divided.
Sedlak’s motion, seconded by Brockett, to censure Brozovsky for his unilateral and self-serving actions, passed unanimously. The motion also gave Brozovsky due process of 15 days to defend himself before the censure becomes official.
Note: Brockett insisted that Brozovsky be given due process even though two months ago, Brozovsky prevailed upon the board to censure Brockett without permitting any due process, whatsoever.
Secretary’s Report
The board accepted Mizzi’s suggestion that the usual fall GLA Newsletter be replaced with a detailed report on the August 25, 2020 voting results on Bylaw changes. To date, the board has only told landowners that all 25 proposed changes were approved.
Treasurer’s Report
The board unanimously approved Treasurer McAlister’s first monthly financial report. The 25-page board version of the report was available to GLA Directors shortly before the meeting and not available to landowner attendees. Brockett described McAlister’s report as, “excellent.” McAlister said that as he gets more familiar with work of the treasurer, he intends to have the formal board financial report and a shorter one available, at least five days prior to a board meeting. McAlister accepted the GLA Treasurer position on August 10, 2020, after the resignation of Jean Carp.
Road Committee Report
The Board rejected the recommendation by NG Road Chair John Carp to go over budget by $1200 for a fall application of mag. chloride to NG gravel roads. Brockett explained that it is more cost-effective and durable to apply two mag. chloride treatments in the spring. Speaking from the audience, a retired road contractor agreed with Brockett and said you get more bang for your buck when the washboards are graded out of the gravel roads in the fall, so freezing temperatures can stabilize the road surface until spring. The Board asked the retiree to discuss the spring application of mag. chloride with Chad Standish. Likewise, the board did not approve the proposed $4000 budget overrun for SG fall mag. chloride application. The SG grading roadwork was approved and is scheduled to commence on September 16, 2020.
Carp’s recommendation that repairs on the flat, paved section of Sirius Drive in NG be done this fall, also failed. Instead, the board said there would be no repair work done on Sirius until CUT comes to the negotiating table to resolve long-standing questions about who owns the road and is legally responsible for its maintenance.
While holding a copy of the 1998 Road Settlement between GLA and CUT, Brockett reported CUT acknowledged in the document that the location of GLA road easements and related road ownership issues need clarification, and that CUT was to have solved those concerns. To date, 22 years hence, that has not happened. Several directors, with known ties to CUT, countered Brockett’s perspective saying road management responsibility is not an easy black and white issue.
Most agreed with McAlister, who said it was time to create an event that would bring CUT to the table. A motion by Brockett, seconded by Ladewig, that there would be no GLA initiative to do the repair work on Sirius until there is a written agreement between CUT and GLA about road maintenance responsibilities, carried unanimously. By Board consensus, Dirkers was given the responsibility of composing a draft letter to CUT on behalf of the Legal committee, of which she is a member.
Carp’s recommendation to hire a contractor for a fixed rate to do additional mowing around the NG soccer field building, and also on the backside of the Sirius Hill guardrail, will move forward. The motion by Mizzi, seconded by Dubiel carried, with a single ‘no” vote from Ladewig.
Another recommendation from Carp that GLA should contract with a handyman to work at $20/hour, failed. By choice, the board will make renewed efforts to seek volunteer help, and if needed, hire help on a per job basis. Though Carp explained that he did not have time to seek volunteers or do the work himself, it was noted by Dirkers and Brockett that several years ago when the new snow fencing had been installed in both NG and SG, it was done exclusively by volunteers.
In the absence of an official SG Road Chairman, a vacancy caused by Dobrowski’s resignation, Brockett volunteered to seek bids and write the contract to repair the deteriorating guardrail posts on Hercules. The wooden supports have rotted to the point of needing total replacement. With board approval, Brockett has taken the lead on working with Standish to prioritize and plan High South road maintenance, even though a previous board motion failed to appoint Brockett as the Road Chairman for High South.
Carp’s proposal to spend $500 for time and materials to paint the utility building at the NG soccer field was denied when it was understood that the exterior door trim rotted and must be replaced prior to applying a cosmetic coat of paint.
Though Mizzi claimed that GLA owns the building and the adjoining 20 acres, she had to agree, when questioned by Brockett, that GLA cannot sell the property. GLA holds a reversionary recreation parkland use agreement from CUT for the soccer field. Park County tax records show that GLA pays the real estate taxes for the parcel.
The board agreed with Dirkers that it would benefit landowners for the GLA to post a list of private snowplow contractors on the website. Mizzi agreed to prepare the list and have it posted.
Carp’s recommendation that repairs on the flat, paved section of Sirius Drive in NG be done this fall, also failed. Instead, the board said there would be no repair work done on Sirius until CUT comes to the negotiating table to resolve long-standing questions about who owns the road and is legally responsible for its maintenance.
While holding a copy of the 1998 Road Settlement between GLA and CUT, Brockett reported CUT acknowledged in the document that the location of GLA road easements and related road ownership issues need clarification, and that CUT was to have solved those concerns. To date, 22 years hence, that has not happened. Several directors, with known ties to CUT, countered Brockett’s perspective saying road management responsibility is not an easy black and white issue.
Most agreed with McAlister, who said it was time to create an event that would bring CUT to the table. A motion by Brockett, seconded by Ladewig, that there would be no GLA initiative to do the repair work on Sirius until there is a written agreement between CUT and GLA about road maintenance responsibilities, carried unanimously. By Board consensus, Dirkers was given the responsibility of composing a draft letter to CUT on behalf of the Legal committee, of which she is a member.
Carp’s recommendation to hire a contractor for a fixed rate to do additional mowing around the NG soccer field building, and also on the backside of the Sirius Hill guardrail, will move forward. The motion by Mizzi, seconded by Dubiel carried, with a single ‘no” vote from Ladewig.
Another recommendation from Carp that GLA should contract with a handyman to work at $20/hour, failed. By choice, the board will make renewed efforts to seek volunteer help, and if needed, hire help on a per job basis. Though Carp explained that he did not have time to seek volunteers or do the work himself, it was noted by Dirkers and Brockett that several years ago when the new snow fencing had been installed in both NG and SG, it was done exclusively by volunteers.
In the absence of an official SG Road Chairman, a vacancy caused by Dobrowski’s resignation, Brockett volunteered to seek bids and write the contract to repair the deteriorating guardrail posts on Hercules. The wooden supports have rotted to the point of needing total replacement. With board approval, Brockett has taken the lead on working with Standish to prioritize and plan High South road maintenance, even though a previous board motion failed to appoint Brockett as the Road Chairman for High South.
Carp’s proposal to spend $500 for time and materials to paint the utility building at the NG soccer field was denied when it was understood that the exterior door trim rotted and must be replaced prior to applying a cosmetic coat of paint.
Though Mizzi claimed that GLA owns the building and the adjoining 20 acres, she had to agree, when questioned by Brockett, that GLA cannot sell the property. GLA holds a reversionary recreation parkland use agreement from CUT for the soccer field. Park County tax records show that GLA pays the real estate taxes for the parcel.
The board agreed with Dirkers that it would benefit landowners for the GLA to post a list of private snowplow contractors on the website. Mizzi agreed to prepare the list and have it posted.
Governing Documents Committee Report
Every board member signed the recently updated 2020 Restated Bylaws, a copy of which will be filed at the Park County Courthouse.
Election Committee Report
Chairman Ladewig’s suggestion that Mizzi and Sedlak be appointed to the Election Committee carried with virtually no discussion. By consensus, the board approved the committee’s modified November Election Meeting plans, caused by health concerns and the COVID-19 virus.
As in past years, voters will be able to mail, fax or email absentee ballots to the GLA prior to the Annual Election Meeting, or deposit their absentee ballot(s) to Emigrant Hall on November 14, 2020. The same holds true for proxy designation forms and in-person ballots. What is different is that there will be no food or face-to-face meeting at Emigrant Hall while the ballots are being dropped-off and counted. Alternatively, voters will be given directions on how to attend a virtual meeting using their computers.
As in past years, voters will be able to mail, fax or email absentee ballots to the GLA prior to the Annual Election Meeting, or deposit their absentee ballot(s) to Emigrant Hall on November 14, 2020. The same holds true for proxy designation forms and in-person ballots. What is different is that there will be no food or face-to-face meeting at Emigrant Hall while the ballots are being dropped-off and counted. Alternatively, voters will be given directions on how to attend a virtual meeting using their computers.
Adjournment
The meeting was adjourned shortly after 12:30 pm.
Download Meeting Documents
Download the GLA Board Meeting Agenda and record of email Motions here.
