Post by Uncle Ray on Oct 17, 2020 17:27:33 GMT -7
Summary of GLA Board Meeting October 12, 2020
GLA President Newman Brozovsky convened his second-to-last board meeting Monday, October 14, 2020 at Emigrant Hall with a ten-member board. A second board resignation, this time from South Glastonbury (SG) Director Erica Stone, has reduced the board from twelve to ten members. Three Directors, Jerry Ladewig, Andrea Sedlak and Ed Dobrowski, attended the meeting by phone; the others were present in person.
Meeting Highlights
- The board did not lift the censure of President Newman Brozovsky after Brozovsky was allowed to defend himself.
- GLA received an after-the-fact permit from the US Army Corps of Engineers to alter the course of Golmeyer Creek and prevent flooding on a Hercules Road. The permit resolves the question of whether GLA would be fined $50,000 per day for violations of the Clean Water Act.
- Legal costs are 300% over budget this year. Litigation costs are 1000% over budget. Liability insurance on common grounds is also 959% over budget.
- The board clarified that Covenant Violations run with the land and that buyers need to work with sellers, not the board, to resolve violations.
- The board has “started the ball rolling again” on the matter of seeking legal approval for GLA to maintain non-platted roads which are owned by Church Universal and Triumphant (CUT) and used by GLA members.
- South Glastonbury (SG) fall road work is starting a month late. Per the rotation schedule fall road work in North Glastonbury (NG) will follow.
Unfinished Business
- 1. President Brozovsky reported that an after-the-fact permit from the Helena office of the US Army Corps of Engineers has resolved all GLA’s liability for multiple violations of the Clean Water Act. In the spring of 2018, GLA proceeded without proper permits, to reroute the creek to end flood damage to Hercules Road. GLA could have been fined as much as $50,000.00 per day if the violation had not been resolved with this after-the-fact permit. Left unresolved is whether the damage to Golmeyer Creek and wetlands will be repaired and who will pay for it.
To answer questions about why he kept the board in the dark about the resolution of this problem, Brozovsky explained that he had not had time to inform the board. He agreed however that copies of the letter would be emailed to the directors after the meeting. To date, the Army Corps of Engineer's letter has NOT been distributed to all directors.
- 2. President Brozovsky next defended himself after being censured by the board at the September meeting for acting unilaterally and repeatedly ignoring Bylaw Article VI B which requires the board to act as a whole.
“I was doing my job as I thought I should” stated Brozovsky when asked why he had not consulted or informed the board of his actions, especially after being asked to do so on numerous occasions.
Brozovsky acknowledged that he had gone to the GLA attorney for at least three controversial opinions without first consulting the board. He argued that he was entitled to do so, because previous board presidents had done the same. He also acknowledged that he had paid the legal bills with a second GLA checkbook and sent the invoices to the accountant without informing the GLA Treasurer John McAllister.
“The lesson of this censure”, said John McAllister, “is that controversial issues, need to be discussed by the board, before legal counsel is sought’
Claudette Dirkers reminded the board that there is wisdom in the GLA Bylaws and that if the Bylaws were followed, it would help to unify the board. She characterized the board as being very divided and stated that it was fairly common for half of the board not be informed about what the other half was doing. “Good leaders unite Boards”, she said.
Secretary Charlotte Mizzi disagreed and said Dirkers was only assuming that half of the board was not fully informed. Dirkers quickly named several specific times when it was very clear that only some of the board knew ahead of time about certain items on the board meeting agenda.
Jerry Ladewig called Brozovsky’s initiative to get a legal opinion that was intended to delay the beginning of term limits for Directors an “unconscionable” Conflict of Interest. Ladewig explained that if the recent Bylaw vote to enforce term limits for Directors had been delayed for four years per the legal opinion obtained by Brozovsky, Brozovsky would have been able to run for the board in the November 2020 elections.
Brozovsky also stated that he had not sought any legal opinions from the GLA attorney since his censure and he said, “We can do better”.
The motion to continue the censure of Brozovsky carried five to four with “no” votes from Mizzi, Ed Drobowski. Gerald Dubiel, and Aija-Mara Accatino.
Non-agenda discussion
Note: Brozovsky allowed this next discussion, which was not on the agenda, even though midway through the discussion, Brockett reminded the board that the conversation was violating Rule 2.01. Rule 2.01 says that board members are not allowed to discuss board business that happens on the board’s private email system with members.
With a great amount of passion, Accatino stated that she found the September board action to censure Brozovsky very concerning because the board had not followed its own precedents or protocols. Accatino also criticized that the recent board decision to discard four board nomination forms alleging again that it was not fair for the board not to follow its own established ways of doing things.
Accatino reminded the board that when she filed her board nomination forms a year ago, she handed her forms to a member of the board, just like those whose nomination forms were invalidated this year for doing the same. Accatino insisted that “It is not fair to change horses in midstream”.
Note: Eight of the original thirteen board nominees for the November 2020 board elections followed the written instructions at the top of the nomination forms. Those, whose forms were dismissed, followed an oral tradition of how to run for the board.
The reference to changing horses mid-stream also reflects a shift in the board’s power structure. The Directors who want to follow the written rules and policies gained a 6-5 majority when Director Jean Carp resigned a few months ago.
“This is a war on the Church” Accatino declared emphatically.
Note: Her comment is an apparent reference, that each of the nomination forms that were dismissed, were candidates affiliated with CUT.
Accatino added that the energy in the above board action is much like the statements that certain board members have dementia”.
“I am going to my attorney” stated Dubiel. “I am going to sue.”
Note: Dubiel and Mizzi were reportedly labeled as showing signs of dementia by a fellow board member in a private email to other Board members.
Accatino added that the energy in the above board action is much like the statements that certain board members have dementia”.
“I am going to my attorney” stated Dubiel. “I am going to sue.”
Note: Dubiel and Mizzi were reportedly labeled as showing signs of dementia by a fellow board member in a private email to other Board members.
“Words have consequences” added Mizzi.
Project Review Committee report
The board tabled action to approve a NG 8-A2 application for a guest house because they found the forms to be incomplete and unreadable. The setback distance for a residential structure from a year-round spring/stream and well was not found on the applicant’s site map. The board also had questions about the completeness of the Department of Environmental Quality (DEQ) report and the location of the drain field.
Action on an application from a Contract Buyer to construct a greenhouse on NG 30-E was also tabled until the Covenant Violations on the parcel are resolved. Though the buyer asked the board to resolve the violations, the board reasoned that the buyer should resolve the violations with the seller before proceeding with their application to build a greenhouse.
Note: Per GLA policy, owners of parcels with Covenant Violations are not in good standing and as such are not allowed to vote or seek Project Review approvals.
“We need to enforce these things. It is our responsibility to the landowners” said McAllister.
The board tabled action on NG 51C because the forms were not complete. The construction of a shop on SG 49 was approved unanimously.
No action was taken on an offer from landowner Ron Wortman to help with the work of the Project Review Committee. Citing his years of construction experience, Wortman said he believed he could be helpful to the committee.
Secretary Report
Mizzi reported that the newsletter, which will give landowners a copy of the Restated Bylaws per the recent landowner vote to update the Bylaws, is printed and should be mailed soon.
Mizzi also reported that she will be posting a job opening notice for administrative help for GLA due to the resignation of GLA Administrator Karleen McSherry. McSherry’s final day of work for GLA is October 15.
Mizzi also reported that she will be posting a job opening notice for administrative help for GLA due to the resignation of GLA Administrator Karleen McSherry. McSherry’s final day of work for GLA is October 15.
Treasurer’s Report
Treasurer McAllister reported that revenue from assessments appears to be on target but road expenses in NG are over budget and under in SG. McAllister also reported that Legal Costs are 300% above budget and that Litigation costs are 1000% over budget. Similarly, liability insurance on common lands is 959% over budget.
McAllister announced that the Finance Committee will be using the last five years of actual costs when they draft the 2020 Budget. Copies of the draft budget will be available at the Election meeting on November 14, 2020.
The board voted unanimously to appoint Brockett to the Finance Committee.
After a question from Ladewig revealed that McAllister has not been receiving the bills from the GLA attorney, President Brozovsky said those bills go to him and that he in turn gives them to the accountant. Though Ladewig insisted that she and the other board members have a right to see the Legal bills, no action followed to make that happen.
After being asked to do so, McSherry agreed, to show McAllister where the lien files are stored. GLA keeps those files in a nearby rental storage unit.
Discussion followed about where other GLA files and office equipment would be stored after McSherry leaves. Brockett suggested that the equipment and files should be stored with McAllister, but Mizzi said it is already planned that the equipment and files will be stored at her home.
McAllister announced that the Finance Committee will be using the last five years of actual costs when they draft the 2020 Budget. Copies of the draft budget will be available at the Election meeting on November 14, 2020.
The board voted unanimously to appoint Brockett to the Finance Committee.
After a question from Ladewig revealed that McAllister has not been receiving the bills from the GLA attorney, President Brozovsky said those bills go to him and that he in turn gives them to the accountant. Though Ladewig insisted that she and the other board members have a right to see the Legal bills, no action followed to make that happen.
After being asked to do so, McSherry agreed, to show McAllister where the lien files are stored. GLA keeps those files in a nearby rental storage unit.
Discussion followed about where other GLA files and office equipment would be stored after McSherry leaves. Brockett suggested that the equipment and files should be stored with McAllister, but Mizzi said it is already planned that the equipment and files will be stored at her home.
Road Committee Report
Non-board member and NG Road Committee chair John Carp work reported that the fall road work in SG is starting about a month late.
Note: Though Dobrowski is still named as the SG Road Committee chair, Carp has been doing Dobrowski’s work.
Carp explained that the original bid of $16,000 for SG road work is low and needs to be $19,500. The increase will allow for a fall application of Mag Chloride. A motion by Mizzi, seconded by Ladewig to approve the increase passed unanimously. Fall road work for NG, which also includes Mag Chloride applications, will not begin until after the completion of the SG work per the normal rotation plan.
The board approved the spending of $300 to have posts with reflectors installed near the new roadside ditch on Pisces, to have repairs made to some of the snow fences, and to use cold patch repairs on some of the platted roads. The motion by Mizzi, seconded by Accatino passed unanimously.
A motion to send a Registered letter to the owner of a van and some boulders stored on the cul-de-sac at the end of Mercury passed with an abstention from Dirkers. The board noted that the van and boulders have been stored on the cul-de-sac for at least a year and a half and that cul-de-sacs are to be kept fully accessible for emergency vehicles.
Note: Though Dobrowski is still named as the SG Road Committee chair, Carp has been doing Dobrowski’s work.
Carp explained that the original bid of $16,000 for SG road work is low and needs to be $19,500. The increase will allow for a fall application of Mag Chloride. A motion by Mizzi, seconded by Ladewig to approve the increase passed unanimously. Fall road work for NG, which also includes Mag Chloride applications, will not begin until after the completion of the SG work per the normal rotation plan.
The board approved the spending of $300 to have posts with reflectors installed near the new roadside ditch on Pisces, to have repairs made to some of the snow fences, and to use cold patch repairs on some of the platted roads. The motion by Mizzi, seconded by Accatino passed unanimously.
A motion to send a Registered letter to the owner of a van and some boulders stored on the cul-de-sac at the end of Mercury passed with an abstention from Dirkers. The board noted that the van and boulders have been stored on the cul-de-sac for at least a year and a half and that cul-de-sacs are to be kept fully accessible for emergency vehicles.
Election Committee Report
Election Committee Chairman Ladewig announced that she would be sending notice to the four individuals whose nomination forms were declined.
President Brozovsky reported that he had already informed those whose forms were declined because he was the one who had talked them into running for the board in the first place. The declined forms were submitted by Jordan Schreiber, John Carp and Michael Villeneuve in NG and Marshall Haley in SG.
Training for election volunteers will be held on November 1, according to Ladewig.
President Brozovsky reported that he had already informed those whose forms were declined because he was the one who had talked them into running for the board in the first place. The declined forms were submitted by Jordan Schreiber, John Carp and Michael Villeneuve in NG and Marshall Haley in SG.
Training for election volunteers will be held on November 1, according to Ladewig.
Legal Committee
The board approved and agreed to send a letter (drafted by Dirkers at the request of the board) to the Church Universal and Triumphant (CUT) to get “the ball rolling again” on the need for GLA to receive new and updated road easements from CUT. The issue, which dates back to 1998, is about getting legal permission for GLA to work on non-platted roads which are owned by CUT and used by GLA members. A motion by Brockett, seconded by McAllister, to send the letter to CUT passed without dissent.
Adjournment
In closing comments, Mizzi and SG Ombudsman Miriam Barker both thanked McSherry for her work with GLA.
President Brozovsky adjourned the meeting shortly after 11 pm.
President Brozovsky adjourned the meeting shortly after 11 pm.