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Post by Admin on Jan 7, 2018 8:39:25 GMT -7
GLA Board Monthly Meeting on Monday January 8, 2018 At Emigrant Hall on Murphy Lane in Emigrant, MT. 7 - 10 PM or whenever it ends. Call in numbers are 406-272-4075 or 877-660-4969
Download the Meeting Agenda here.
As meeting documents become available we will post them here.
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Post by Admin on Jan 10, 2018 10:21:57 GMT -7
Board Meeting Highlights The January 8th GLA Board meeting provided another glaring example of a chaotic, oversized and dysfunctional board struggling to govern Glastonbury. Several directors were on the phone calling in to the meeting and their almost constant bickering disrupted the meeting further. The atmosphere was tense with litigants of the latest lawsuit sitting in the audience. Progress on important issues was almost imperceptible. The GLA Board even had a difficult time deciding what to do with scrap snow fencing.
Highlights include:
- The GLA Board refused to act upon a request from the Road Committee to add a line item to the 2018 budget for the services of a professional road engineer. They also refused to act upon a request to have Road Committee member Val O'Connell removed from the Road Committee. Val O'Connel has taken credit for penning the latest lawsuit against the Association and she has not physically attended a Road Committee meeting in at least 7 months.
- Board Secretary Charlene Murphy offered a written apology to landowner Bob Sones for falsely accusing him of trespassing at the last meeting. Murphy has a long history of verbally attacking landowners as documented by the Forum.
- A noise complaint that has been going on for 9 years was once again addressed. No resolution was offered or is in sight even though the noise is generated by a commercial operation that is clearly in violation of the Covenants.
- Ia William's complaint regarding Director Charlotte Mizzi was again aired and no solutions were found by the Board. It was suggested that her complaint be addressed by two Board members and a resolution offered within 30 days. No board members volunteered and her complaint once again fell into the black hole.
- Director Dan Kehoe who serves on the Legal Committee stated that "a settlement with Rakela would be in the best interests of all parties". Perhaps he was not thinking of the landowners who have already paid over $10,000.00 to defend the association in the latest lawsuit. Many landowners are getting tired of having their association held hostage by people who do not respect the Covenants and threaten or initiate lawsuits whenever things do not go their way. A settlement would only serve to further encourage their destructive behavior.
- Once again landowners heard that past due accounts "will be getting demand letters soon". This is the third time in the past 12 months that the Forum has heard this empty statement. A new twist is that landowners will now get to negotiate what they wish to pay. At least one director has actively encouraged past due landowners to make small offers on large past due amounts.
- No mention was made of when annual elections may be held again. For now all sitting directors will remain in power and some will be serving a third year of the two year term voters elected them for.
- One landowner spoke about how Church Universal and Triumphant priest and GLA Director Charlotte Mizzi recently gave a sermon urging her followers to "take back the GLA". Parishioners were also asked to sign the infamous petition demanding that the Annual Election be postponed.
- Director Paul Rantallo was found in violation of the Covenants and given 30 days to solve the problem. Director Leo Keeler made the motion that the four stall shed be found in violation of the Covenant setbacks, the carport be found in violation of the Covenant setbacks, the workshop/apartment be found in violation of the Covenant setbacks and Paul Rantallo be given 30 days to correct the violations or show just cause for them to be excused, or he will be in violation of the Covenants. The motion passed with 7 yes, 3 no's (Charlotte Mizzi, Newman Brozovsky and Gerald Dubiel voted no.) Dubiel wanted to allow 90 days to correct the problem. RJ abstained and Paul Rantallo recused himself. If Rantallo remains in violation of the Covenants he will no longer be a "member in good standing" and thus ineligible to run as a candidate in the next election. Murphy struggled to delay any vote but in the end the evidence was too overwhelming for even her to ignore. Rantallo offered that he had agreements with his neighbors that allowed him to disregard Covenant setback requirements. He stated that the charges against him were "all lies". Further he claimed that he had approvals and variances for all of his outbuildings. A thorough search of past minutes could not find any record of variances.
- Director Rantallo implicated neighbor and former Board member Robert Wallace by stating that "he built a shed right on my property line". If that statement is true then landowner Robert Wallace may be found by the GLA Board to be not in good standing and thus ineligible to vote in the next election. As the owner of multiple properties in Glastonbury this could impact the election results.
- At least one audience member was aghast that Director Rantallo was being held accountable for his actions. She was heard to state in disbelief "They are attacking light bearers. I have never seen this before." Two directors leaned back in their chairs during the discussion and closed their eyes for several minutes in what was interpreted as an attempt for divine intervention.
- After much discussion the Board finally decided that the scrap snow fencing could be given to landowners with a limit of 2 rolls per person. It is currently stored in North Glastonbury at the sand Quonset hut. Landowners may contact board member Richard Johnson if they have questions.
Readers are encouraged to share their thoughts below. If you attended the Board meeting please add your comments so all landowners may gain a fuller picture of what transpired.
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chris
Full Member
Posts: 175
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Post by chris on Jan 10, 2018 11:29:45 GMT -7
I did not attend this meeting. I am sorely contemplating not attending any more until this board either gets a grip on professionalism and leadership, and stops its puerile behaviors by a majority of the directors, or we landowners dissolve the association and build a new one based on equal representation, honesty, full transparency, open communications, and simplicity. Clearly, there are directors (and wannabes) who are unfit for their positions, as demonstrated time and again, and who perpetuate the "us versus them" culture of C.U.T. including double standards and favoritism for their own. This forum is full of examples of unacceptable behavior and deceptive practices by C.U.T. affiliated directors and their supporters. These are the reasons that a few landowners have stood up in attempts to hold these representatives accountable. For those ignorant members of this community who wish to play the religious discrimination card regarding my observations, let me assure you that there is no intent to discriminate. I have lived in Glastonbury for about ten years and have watched all the players and their shenanigans during this time. It is obvious that any discrimination that has occurred has been practiced by the C.U.T. crowd. I submit that we landowners must insist that the GLA - as it exists - be dissolved, that we create a new association with equal treatment for all, that we concentrate our attention on maintaining our roads, and learn to live in peace with one another. I hope others will comment below and that we can begin building a new, improved landowner association today!
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Deleted
Deleted Member
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Post by Deleted on Jan 10, 2018 12:55:35 GMT -7
I agree wholeheartedly with Chris’ comments. It is disheartening to watch and listen to the rationalization’s being forwarded, by Paul Rantallo and others, at Monday’s Board meeting. Most egregious was the blatant disregard of the truth and facts that were labeled “lies” “political” and therefore “claim” victim hood which illicits sympathy. Regardless, if the person being questioned is wrong “victim hood” always blinds ones ability to give a unbiased judgment. When the defense mechanism kicks in “fiduciary responsibility” goes out the window and the audience is blinded to the facts. And the old refrain of “that’s your opinion” is always touted when facts get in the way of decision making.
This strategy has been used over and over again by certain Board members.
I disagree with the Administrator’s take on certain issues that I perceived differently.
1. I do not agree with the characterization that Charlene “Murphy has a long history of verbally attacking landowners...” The word “attack” is an unfair characterization to use against Charlene. I did not see that from her at all. That word characteristic is used continuously by Charlotte Mizzi. I have seen Charlene state her opinion, which she has every right to do, as does everyone. I have been “accused of attacking” when I question actions taken. Are we both “attackers?” She has been very fair in that she has admitted to errors in what the Board’s have done in the past and her desire to correct those mistakes. For that I applaud her. She is one of the most hard working members on the Board and she deserves credit not condemnation for her opinions. You have erroneously been accused of that before haven’t you? Like a lot of us have.
2. A resolution was offered by Mark Seaver.
3. Ia Williams complaint was not dealt with since she herself dismissed it since it would not and has not been resolved. Charlene summed up the resolution by asking Ia if she wanted the Board to request Charlotte’s resignation and/or dismissal, her reply was yes. Since there is nothing in the By-Laws that allows the Board to relieve her of her board position no action was taken. The Board did not follow through with resolving Ia Williams’ complaint by “asking” Charlotte Mizzi if she would resign, which we all know she would not. The Board could have resolved it on behalf of Ia by having it on the record by asking Charlotte.
These were from my perspective.
Sally
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Post by Admin on Jan 10, 2018 21:58:27 GMT -7
Capricorn Road Water Damage Capricorn Hill looking towards VenusThe above photo was taken by Claudette Dirkers on January 10, 2018. It shows extensive water damage and ponding on Capricorn Drive just past the hill going towards Venus Way. Water is collecting on the side of the road and washing across the road. The road bed is damaged and getting worse. In the spring a road engineer could analyze this problem and offer solutions for better drainage.
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Post by Admin on Jan 14, 2018 9:53:12 GMT -7
Glastonbury Landowners for Positive Change The mission of the GLFPC is to foster a landowner's association of the people, by the people, and for the people of Glastonbury, to create a harmonious and inclusive community, and to enhance property values. This Summary/Interpretation of GLA's Board Meeting on January 8, 2018 is offered as a volunteer service by the GLFPC. Your suggestions are welcome, should there be oversights Meeting Highlights · Board member Paul Rantallo was given 30 days to correct or justify four (three of setbacks and one of exceeding size of authorized building) violations of the GLA covenants or be found ‘not in good standing’.
· The board took no action to investigate or resolve the Conflict of Interest questions about board member Charlotte Mizzi.
· Kathleen Rakela’s petition to stop the annual election is now morphed into a full-blown lawsuit against the GLA.
· The court calendar for Rakela’s lawsuit extends into October leaving it unknown when the annual election will take place.
· The board’s petition for court protection against Valerie and Daniel O’Connell remains pending. A ruling is expected by the end of the month.
· The board has yet to act on the final process of collecting $10,000 in legal fees owed to the association by the O’Connells.
· During the Conflict of Interest complaints directed at Ranttalo and Mizzi, both defended themselves by routinely calling investigators and complainants “liars”.
· Board members attending by phone frequently interrupted and spoke over each other at length, leaving the board and audience frustrated.
· Board Secretary Charlene Murphy apologized to an association member for publicly accusing him of trespass, but failed to disclose the details of his Formal Complaint against her.
Meeting Summary and Interpretation
President Dennis Riley convened the January board meeting shortly after 7 pm on January 8, 2018 at Emigrant Hall. Eight directors were present and four (Charlotte Mizzi, Gerald Dubiel, Kevin Newby and Mark Seaver) attended by phone. An estimated 25 people were in the audience.
Landowner Input
One landowner expressed sincere gratitude toward all the volunteers who participated in the snow fencing improvement project. No other landowner questions or comments followed.
President’s Report
At the request of President Riley, Leo Keeler, member of the Legal Committee, updated the attendees on GLA’s legal proceedings. The board is currently dealing with a petition to the Board and lawsuit concerning the 2017 election and a Restraining Order against the O’Connells.
GLA’s petition to the Court against Valerie and Daniel O’Connell for court protection is still pending. It is expected that the present temporary restraining order will stand, but the judge has yet to decide the terms.
Landowner Kathleen Rakela’s petition to the Court on November 27, 2017 to stop the annual board member election is now her lawsuit against the board. Rakela claims that she suffered irreparable harm when the board disqualified her as a 2017 board candidate due to covenant violations. (She had subdivided one of her many parcels in 2016 and not reported the change to GLA, which violated Covenant 10.04 and therefore, she was not in good standing.) Per the court calendar, no ruling is expected on Rakela’s lawsuit against the GLA until late summer. The Board is attempting negotiations to settle out of court. (Legal fees for 2017 are over budget by 30%. This percentage does not include the December legal expenses resulting from the Rakela lawsuit.)
Keeler reported that all twelve directors held a closed meeting with attorney Seth Cunningham (one of GLA’s three attorneys) at a restaurant in Livingston on December 11, 2017. At that meeting, the five directors who were not specifically named in the Rakela lawsuit (Paul Ranttalo, Gerald Dubiel, Charlotte Mizzi, Newman Brozovsky, and Regina Wunsch) formed a review committee as required by Montana law. The committee held a meeting and voted to indemnify the other seven directors. This means that as members of the Board and individuals all legal expenses for these seven directors (as well as the other five as Board members) will be paid for by the association because the actions for which the seven are specifically charged were done as part of their board duties.
GLFPC Note: Over two years ago, the association lost its liability insurance due to the continual lawsuits by the O’Connells. At that time, to self-insure, the board voted to create a legal fund of $30,000. Cross your fingers; we landowners are on shaky financial ground.
At the closed meeting on December 11, 2017, the full board also voted unanimously to direct Atty Cunningham to ask Rakela if she was “open” to negotiations. Negotiations are reportedly underway.
According to Keeler, the board attorney stated Mizzi could vote at this meeting. This is even while growing evidence indicates that Mizzi has and continues to support Rakela’s lawsuit; the evidence further shows Mizzi was a prominent solicitor of signatures for the Clare Parker petition, which was also filed to stop the 2017 elections and in support of Rakela’s lawsuit.
The question of whether Valerie O’Connell can join Rakela’s lawsuit, as Valerie is attempting to do by petitioning the Court to allow her to be a “JOINER”, will be decided by Judge Brenda Gilbert. Her right to join the lawsuit is being questioned because, due to her many previous lawsuits against the board, the O‘Connells have been judged to be vexatious litigants.
Considering the numerous audience questions, Keeler asked Rakela (who rarely attends meetings) if she was willing to address questions, which were outside the attorney-client privilege. Due to her compromised ability to project her voice, she whispered to her husband, who then spoke for her. From the back row and through her husband, Rakela explained that she wrote the court documents, not Valerie O’Connell, as Valerie had claimed. Rakela claimed that when Valerie had emailed the Election Committee stating she was pleased that the Judge had supported her work, Valerie was actually taking credit for a letter written to the board, nothing more. Several board members were quick to counter that the email sent by Valerie did not support Rakela’s present claim.
President Riley quickly ruled that a tumble of heated questions from a couple of board members to Rakela were “over the line” and not appropriate for open board discussion.
Road and Weed Committee Report
Road and Weed Committee Chairman Riley requested landowner committee member Tim Brockett to give an update on the snow fencing operation which Brockett has spear-headed. Brockett named and thanked the many snow fence volunteers ranging in age from folks in their 80’s to just three years old. They are Bob Sones, Svend Andersen, Chris and Ia Williams, Claudette Dirkers, Debbie Blaise, Kevin Newby, Jeff Reiderer, Richard Johnson, Chad Stone and his 3-year old son Finnigan, Leo Keeler and Dennis Riley.
The volunteers have removed old fencing rotting alongside the roads and installed over 3000 ft of new snow fence (designed by the road committee), as well as four wooden snow barriers that are smaller versions of what you see on I-90. The work was done on time and under budget. Others are keeping a log of where there is a need for more snow fencing next year.
The board did not act on the committee’s request to remove two members - Valerie O’Connell and Gerald Dubiel. Brockett explained that with their continued absences, it is often difficult to reach a quorum.
Likewise, the board did not act on the committee’s request for a budget line item for consulting fees for a road engineer. Brockett explained that the committee is anxious to solve a number of road drainage issues and believes that they need professional help to do so. Just as the board has a line item for legal expenses, we need a line item for engineer expenses, stated Brockett.
Treasurer’s Report
Treasurer Regina Wunsch reported that the 2018 assessments invoices have been mailed. The land and dwelling assessments payment rate for 2017 is close to 90%, up from a low of about 83% several years ago.
Reports for the end of December and the end of 2017 followed. Legal expenses are over budget by about 30%. Unpaid assessments total about $215,731. Snow removal is over budget by about 66%, but still within a 5-year average cost.
She also reported that NG Lot 39 has been taken by Church Universal and Triumphant who has asked what the total late assessments are for this 20-acre parcel. The Customer Balance Sheet for December, 2017 shows $9,814.22 is due.
Secretary Report
After discussing the January newsletter content, Secretary Charlene Murphy estimated that members can expect it in about three weeks.
Murphy reported that she has received a second Document Request from a landowner asking for the Project Review file on the Ranttalo building for which Ranttalo now pays a second dwelling assessment. The landowner wants to know if the files show that the board knew they were approving a second dwelling. He questioned why Ranttalo had only recently started paying a second dwelling assessment. Murphy reported that the problem was that the complainant was simply confused about the matter. Murphy then solicited Keeler to address the issue directly with the complainant.
Communication and Technology Committee Report
After six months in committee discussion, Chairman Newman Brozovsky brought a single page updated Formal Complaint form to the board for approval. After Regina Wunsch requested that a case closed date line be added at the very end of the page, the board approved the new official complaint form.
Four Formal Complaints were on the agenda.
1. The saga of a 9-year process to deal with a Formal Complaint about barking dogs and noise from a commercial wood cutting business operated by a SG landowner continues. The board approved a draft letter to inform the violator that commercial businesses in Glastonbury cannot make noise and that he would be given 30 days to cease and desist making noise or face being found “not in good standing”. Note: if it is determined that he is not in good standing, he will become unable to vote or seek election to the board.
Nine board members voted to uphold the GLA covenants and resolve this Formal Complaint in this manner. By voting “no”, Ranttalo and Brozovsky failed to support the covenants and by abstaining, Mizzi did the same.
2. A heated and lengthy discussion on how to deal with a Formal Complaint against Ranttalo for building too close to his lot lines followed. Rantallo stated, shortly after this complaint had been received, that variances for the two outbuildings in question would be found in the minutes. However, committee member Keeler, assigned to investigate the complaint, reviewed all GLA minutes back to 1997 and found that the minutes instead document a series of covenant violations by Rantallo. Including several lack of responses when the Board requested that Project Review applications be filed. And specifically, there was no record of any variance for Rantallo in the minutes despite Rantallo’s claim to the contrary.
Ranttalo quickly retorted, “Everything in Leo’s report is a lie. Read my replies. All problems are solved. Leo twisted this”. In the continuing discussion, Ranttalo shot himself in the foot virtually every time he attempted to defend himself; especially when he defended that with a handshake between himself and another neighbor (who happened to be on the board at the time) the Board voted to let each other build on the shared lot line. In another exchange, Rantallo claimed that the carport only had a roof and the plywood walls of the carport were actually firewood.
Rantallo failed to respond when the complainant from the audience asked Rantallo to show him a permit that would have allowed Rantallo to build less than 25 feet from his property line. And how was it, the landowner continued, that the board would approve a setback of less than 25 feet without informing him as the adjacent property owner.
Rantallo has served on the GLA board since 2008 and is currently seeking another term. Due to Keeler’s lengthy and detailed investigative report, there is no way the board could deny Rantallo’s culpability. The motion to find Rantallo with four violations of the covenants and to give 30 days to come into good standing passed, despite Mizzi, Brozovsky and Dubiel opposing it, and Richard Johnson abstaining. If Rantallo fails to correct or justify the violations, it is expected that the board will have no choice but to follow the governing documents and disqualify Ranttalo as a board candidate for NG.
3. The board took no action to deal with another long-standing Formal Complaint, the one against Mizzi. The umbrella complaint is that Mizzi has a continual conflict of interest, particularly being a minister of CUT and a board member. Her platform for reelection reveals the conflict. Her agenda to make major developments of the “Soccer Field” would continue to benefit CUT at the expense of the association members. This complaint also states that Mizzi is unprofessional, acts unilaterally and dishonestly, ignores the governing documents, and continually causes harm to our association, not just while acting as the chair of the Community Property Committee, which is now dissolved because of the many ongoing complaints from the committee members, but in general.
After the complainant completed her review of her complaint, she stressed that Mizzi needs to be held accountable. She noted that the current grapevine in the community says that Mizzi recently preached a sermon on “Taking GLA back (to CUT)” and afterward proceeded to gather signatures for the Clare Parker petition which supports the Rakela lawsuit.
By phone, Mizzi quickly rebutted this statement and stated that everything the complainant had stated was a lie. Mizzi declared that she works for the good of all landowners and that she is always loyal to the covenants. But not everyone was convinced; instead, one director, Newby, called for Mizzi to resign. Murphy tried to sum the matter up by asking the complainant if she was asking the board to ask Mizzi to step down. When the complainant responded, “that is correct”, the room fell into silence while Mizzi continued, by phone, to accuse the complainant of lying. At that point the meeting decorum broke down, and it appeared that this complaint went back to committee.
4. To deal with the fourth and final Formal Complaint on the agenda, which was directed at Murphy, Murphy, without disclosing the content of the complaint to the audience, stood up and directly read a written apology to the complainant for accusing him of trespassing. The complainant accepted the apology. Case closed.
The board listened to landowner concerns that innumerable serious complaints against board members habitually go to the committee chaired by Brozovsky. As with the most recent complaint against Mizzi, Brozovsky and Murphy seem to have no issue with dumping serious complaints in the “proverbial black hole”. A concerned Keeler motioned to dissolve the committee and assign two board members to formally investigate each and every complaint in a thorough and timely manner. His efforts failed to receive attention.
Adjournment and Move to Closed Session
Noting that the time was late – well after 11 pm - the board agreed with Kehoe to declare the rest of the agenda as Unfinished Business and to move into Closed Session. The agenda for the Closed Session was to discuss the Rakela Lawsuit negotiations.
Glastonbury Landowners for Positive Change
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