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 the GLA's Board Meeting on March 12, 2018
is offered as a volunteer service by the GLFPC.
Your suggestions are welcome, should there be oversights or errors.
Key Points
· The cost of Kathleen Rakela’s lawsuit against GLA is over $13,000 and will likely increase month-by-month. The February legal bills are not in and the end is nowhere in sight.
· Director Paul Ranttalo continues to sit on the Board, even though he failed to meet the deadline established by the Board for correcting or justifying four (4) covenant violations.
· The temporary restraining order that keeps the O’Connells from participating in GLA meetings, except by listening by phone, remains temporary.
· Landowners, who believe the Board must legally enforce the GLA Covenants as written, were labeled “legalists” by Board Member Charlotte Mizzi.
· There is no update regarding if and when the delayed 2017 Annual Election Meeting can be held. Meanwhile, the judge has ordered that sitting board members must continue to serve the Association.
Meeting Summary
President Dennis Riley convened the March 12, 2018, GLA Board Meeting at 7 pm in Emigrant Hall, with eleven (11) board members in attendance, and the 12th, Mark Seaver, participating by phone. About twenty-five (25) people were in the audience, with a portion who were not GLA members. The President had cancelled the February meeting due to inclement weather. Therefore, the meeting was long and drawn out due to carry-over business, as well as the heated emotions of the night. Only two-thirds of the agenda was covered.
Landowner Input
As input from the landowners unfolded, it became clear that a number of attendees had come to specifically support Ranttalo, and they had been ill-informed about his four violations of the GLA Covenants. At the January 2018, GLA Board Meeting, Ranttalo was given thirty (30) days to correct or justify his four Covenant violations, or face being disqualified from seeking yet another term on the Board. Though Ranttalo had failed to meet the deadline, the Board did not ask Ranttalo to step down, nor did Ranttalo voluntarily step down.
GLFPC NOTE: Unlike most non-profit corporate bylaws, the GLA Bylaws do not give the Board the authority to remove Ranttalo as a director, even now that he is not in good standing.
Former Treasurer Rudy Parker claimed the board was “looking for dirt” when it was confirmed that Ranttalo was short eleven inches on the required lot line setback to his neighbor’s property boundary. Parker insisted that, just as he had granted assessment discounts when he was treasurer, so the board should now make exceptions for Ranttalo. Former Treasurer Parker appeared to be unaware that there were actually four (4) violations, and that one of violations involved a building that was constructed with no setback at all. A like-minded attendee professed that the charges were a political and prejudicial move to keep Ranttalo from seeking another board term. Another pleaded for mercy, citing “all the work” Ranttalo has done for GLA. Board member Charlotte Mizzi, perturbed by the investigation results, positioned that the Board should not rely on past records of project approvals, or lack thereof, because GLA’s recordkeeping has not been thorough, and is subject to interpretation.
Board Member Leo Keeler, who was assigned to investigate the Ranttalo violations, stated that his historical research found no recorded evidence to support Ranttalo’s claims that everything he built on his property had ever been officially approved. When Keeler presented a timeline of Google Earth photos that also differed from Ranttalo’s claims, Mizzi intervened and insisted that the google photos were incorrect. Board Member Gerald Dubiel, who sided with Mizzi, called those photos nothing more than a “piece of shit.”
As the rhetoric cooled, Keeler then explained that when a certain button is pushed, Google Earth has a library of past photos compiled behind a current photo, which anyone can use to establish a timeline of changes for a specific location.
Ranttalo then argued that because he removed the walls of his carport/woodshed, he was back in compliance with the GLA Covenants. However, GLA Vice-President Dan Kehoe countered that the roof, which had not been removed, was still not in compliance. Ranttalo, who had been interrupting the flow of comments, went silent when Kehoe pointed out to Ranttalo the importance of being a good neighbor by stopping the violations.
Kehoe then told Ranttalo that if he were to get back into compliance on another of the four violations, that Ranttalo would have to move his building, which is larger than 500 sq. ft., take it down, or buy more land to create a lot line setback that was legal.
The board failed to establish a new timeline for Ranttalo to come into compliance with the GLA Covenants, nor did the board address how his non-compliant status affects his current board position, or his potential board candidacy, in the now delayed 2017 GLA Election. (He was given 30 days to come into compliance. As of the March board meeting, he was 30 days beyond his compliance deadline.)
GLFPC Note: A landowner cannot vote in an election if they are found to be in non-compliance by the GLA Board. So, how is it that Ranttalo can still vote on board matters, since the Board has found him to be in non-compliance?
Others appeared to have come to the meeting to chastise the Board for delaying the 2017 Annual Election, and for spending too much money fighting with Kathleen Rakela. However, the truth is that it was Rakela who went to court and obtained a Temporary Restraining Order (TRO) to stop the 2017 GLA Election. The Board voted to disqualify Rakela as a candidate prior to the November 2017 Annual Election Meeting, after the Board discovered that Rakela had not informed the Association that she had subdivided one of her properties in September of the previous year of 2016. A hearing on the TRO against the GLA Election is scheduled for this Friday, March 23, 2018 at 10:00 AM, in the Livingston County Courthouse.
In other landowner input, a member asked President Riley if he thought it would be helpful if she gathered a list of landowners who appreciate that the Board is adhering to the GLA Covenants. The landowner insisted that there is broad support for the Board following and enforcing the Covenants, despite the “spirited position” of some landowner attendees.
Using the phrase “What’s good for the goose is good for the gander,” one attendee called for a consistent application of the GLA Governing Documents. He recalled the time when a past Board ordered him to remove an RV, which was parked on his own land. Recounting the circumstances, he explained that a friend had fallen on hard times, so he let him park his RV behind his residence and live in it for a time. He said that enforcement has since become problematic to him because he now knows of other RVs on Glastonbury parcels that are being lived in, and the Board has done nothing to stop the practice.
Another landowner recalled how the home-building project adjacent to her was approved by a previous board, although it violated four (4) GLA Covenants. She stated that while she would not press the issue and not ask that the home become compliant, it still isn’t right. She too called for consistent, impartial enforcement of the Covenants.
GLFPC Note: The spirited and even angry comments during the landowner input period illustrate how Board Members face divergent expectations from their constituents. Some reason that the Board must adhere to the Covenants in all cases, and others (even certain Board Members,) that “the Board can show mercy and give certain members a break.” (See addendum) However, GLA is organized as a Non-Profit Corporation licensed by the State of Montana, and subject to the Montana Non-Profit Act. Black and white, state law calls for fair and equitable treatment and service to all members of a non-profit corporation.
It is understandable that the style of governance used by the original developer of Glastonbury had been one that was based on the “spirit of the law,” not the letter of the law, because the original developer also functioned as a church. However, church-style governance for Glastonbury ended in 1997, when the Covenants were changed to allow anyone to buy or sell property in Glastonbury. The bleed-through of the past style of governance contributes to divergent expectations, which are becoming ever more intense in this Association.
Unfinished Business
The question of how and why GLA has historically maintained the private NG subdivision roads in Golden Age Village, which is owned by Church Universal and Triumphant (CUT), and at the end of Arcturus extension, and not other subdivision roads in Glastonbury, was tabled again. Although Board Secretary Charlene Murphy had emailed all thirteen (13) documents relating to this matter to the directors only the night before this meeting, not all the documents had been printed and made available for use during the meeting. The lack of timely background information was a key factor in the delay.
GLA also needs to obtain road interests from CUT, the developer of Glastonbury, for every road it maintains because GLA’s road liability insurance is effective only on the roads where GLA holds an interest.
Also tabled was the question of whether GLA should maintain two approaches to Taurus Road in NG. One approach uses a section of the private GAV subdivision road system and the other, though a bit longer, uses a GLA road. Despite the additional cost to landowners, Mizzi argued that GLA should continue to maintain both approaches because “she likes to have a choice about which way to reach her home.”
President’s Report
President Riley reported that the Board is still waiting for the Livingston District Court Judge to sign the temporary restraining order (TRO), which restricts the O’Connells’ ability to physically participate in GLA meetings, and to only listen by phone. The GLA Board requested the TRO against the O’Connells last fall. The unprecedented action was based on the ongoing GLA meeting disruptions devolving into threats by them. Review of the TRO had reached the Montana Supreme Court.
Project Review Committee Report
Without informing or consulting his fellow Co-Chair Kevin Newby, or the committee, Gerald Dubiel encouraged the Board to adopt a “two-part document.” The first part was a request that all Project Review applicants be asked to use professionals, such as surveyors, engineers and architects, to help them apply for a GLA Project Review of their building projects. This, he said, would help the board operate more like a business and generate less liability. But, the Board did not agree with Dubiel. Instead, the Board sided with Kehoe when the latter reminded the directors that the GLA Covenants already indemnify the Board from this kind of liability.
The second part of Dubiel’s proposal came as a surprise, as it was not part of his handout but instead read to fellow board members. His proposal guaranteed a ‘grandfathered’ approval status to all approved building projects dating back from the very beginning of Glastonbury right up to the day of this Board meeting, March 12, 2018. The result of this proposal would prevent the filing of formal complaints on any approved building projects. The use of the word “approved complaints,” rather than “all complaints,” raised immediate concern about Ranttalo’s violations. In fact, one attendee was heard to say to those in the front row, that grandfathering only the “approved” projects would not help Ranttalo.
Mizzi argued that the grandfathering was needed because the Association does not always keep accurate records. Others sided with Riley, who said it did not make sense to vote to ignore the past. When the vote was conducted, the deciding factor appeared to be the fact that, if adopted, landowners would lose their right to enforce GLA Covenant violations in civil court. The motion to adopt Dubiel’s proposal failed with eight (8) “No” votes, four (4) yes.
After hearing Project Review Co-Chair Kevin Newby’s recommended approval for a new dwelling, septic system, well and driveway on parcel #60 in SG, the Board unanimously approved the project. The Board also voted to send notification letters to three landowners who may be subject to additional dwelling assessments.
Discussion of how to enforce lot line setbacks for a greenhouse that was built over a lot line concluded when a neighbor of the greenhouse owner reported that the structure would be moved.
Treasurer’s Report
The combined GLA Financial Report for January/February 2018, prepared by Treasurer Regina Wunsch, shows the legal expenditures for this year have already exceeded the budget. This 18-page report shows that the expenses of the lawsuit filed against GLA by Rakela, the expense of having confirmed that Valerie O’Connell, as a vexatious litigant, could not be party to the Rakela lawsuit as she had requested, and the expense of collecting delinquent assessments cost the Association $9415 to date. This amount does not include pending legal bills for February, or the upcoming attorney’s fees for the March 23rd hearing. The budget for 2018 legal fees is $7000. It is expected that the Board will have to draw from savings to cover the cost overruns.
The present total of past due assessments is $236,547. Currently, there are 121 parcels owing past due assessments; this translates to 25% of the membership unable to vote in annual elections, or to be a Board candidate. The collection of one past due assessment totaled $9,814.22.
In another collection action, twelve (12) new Lien Warning Letters have been sent to landowners. It was also reported that in a recent foreclosure, the Board was unable to collect back assessments of almost $8000.
Secretary’s Report
The Board approved Secretary Charlene Murphy’s request to purchase a new printer with a scanner function at a cost not to exceed $450. The Board also accepted her report about the creation of a spreadsheet to track GLA correspondence.
Road and Weed Committee Report
Though the Road Policy Advisory Group’s work of collating the written responses from the second landowner review of the draft of the new GLA Road Policy had been on hold, it is moving ahead again.
The possible sale of GLA’s old snow plow truck is on hold until a replacement title is obtained. Work is also underway to continue the pending roadside mowing contract with Joanna Dawson for two more years. Details of the work order, which has yet to be written, will be used to extend the contract. Cost is expected to be $3600/year for mowing in both North and South Glastonbury.
A report was given on flooding damage at a low spot on the gravel section of Capricorn Drive. This excess water also flowed onto the adjacent parcel NG 11-E, causing considerable damage. The Board directed the Road Committee to work with this landowner to determine the costs incurred to deal with the flooding damage to her property.
Furthermore, someone authorized a road cut across Capricorn Drive, which accelerated the flooding over the road and onto this property. Conflicting answers about who authorized this cut were not resolved. According to Road Committee Chairman Riley, the road cut was not authorized by a committee vote and was not part of the approved contract. In the future, Riley will be the only person to supervise the contractor and oversee road projects.
Communication and Technology Committee Report
Though the matter of Ranttalo’s four violations had already been discussed at length, the Ranttalo complaint was rehashed because complaints are initially dealt with at committee level. Continuing to defend himself, Ranttalo stated that he did not believe the Board should be concerned with all his violations, but only the eleven-inch lot line setback, because that was the only one directly affecting his neighbor who made the complaint. When Secretary Murphy read aloud the content of the formal complaint, it was clear that the complainant had requested the Board to investigate all lot line setbacks. Ranttalo then asked the Board to seek legal advice about whether he could get a variance after the fact. The board took no action.
When challenged about whether Ranttalo was trying to get personal legal advice through the GLA attorney, Ranttalo countered that it only made sense that an attorney be consulted about whether he can really seek another term on the board.
Mizzi asked why the Board was pursuing the matter since it was clear, at least to her, that there was no harm done. Attendees, who had initiated the Ranttalo complaint discussion during opening landowner input, supported Mizzi’s claim.
Then, in what appeared to be a personal attack on Keeler, Ranttalo claimed that Keeler was investigating the complaint as if it were his own. In rebuttal, Keeler explained that he had done the investigation at the direction of the Board, just as he had investigated other Formal Complaints for the Board.
Keeler reminded his fellow directors that because Ranttalo has served on the Board and the Project Review Committee for several terms, Ranttalo knew what is required by the GLA Covenants. Keeler stated that it was “bullshit” to say Ranttalo’s violations were innocent mistakes. Referencing a 2013 Project Review Application submitted by Ranttalo, Keeler said Rantallo had knowingly and intentionally submitted a misleading application to expand a building that was already built without following the mandatory setbacks.
As a rebuttal, Ranttalo contended that the Board had given him a waiver. When Kehoe asked where the waiver was, Ranttalo was silent. Continuing, Kehoe told Ranttalo that if this were to go to court, no judge would accept any waiver without a documented hard copy to prove it. The Covenants apply, stated Kehoe. Kehoe then asked Ranttalo if he had thought about the value of being a good neighbor and observing the required setbacks. Ranttalo remained silent.
The rest of the Communication and Technology report was tabled so that the Board had a few minutes to hear a report from the Legal Committee.
Legal Committee Report
It turns out that Bozeman Attorney Rick Landers, who was hired to do collection work for GLA, is over two months late in the timeline of sending out demand letters. Based on this report, the board directed the Legal Committee to look for another collections attorney.
Closed Session
Due to the late hour, the Board reached a consensus to not meet in closed session to discuss the Rakela Lawsuit. Instead, they agreed to schedule a phone conference meeting to deal with the lawsuit. They adjourned the meeting at 11:15 PM.
Addendum
Voice of Dissent and Voice of Reason by Board Member Charlotte Mizzi
Covenant 12.01 allows the board to forgive infractions of the Covenants. Paul’s minor setback issue is not realistically injurious to his neighbors or the rest of the community. It has been in full view for 18 years and there were NO complaints until some of our current board members took office. The GLA should not bar fault nor should it bar any landowners for participating in the Glastonbury Landowners Association because of an infraction made 18 years ago. This was unbeknownst to the landlord and GLA board. Paul has served faithfully on the board and on various committees for many years. Nevertheless, a petty and ungrateful group of board members do not want to forgive a small, unintentional mistake in this incidence. Some board members want to permanently remove Paul from participation in the landowner’s association and remove him from upcoming election ballot and take away his right to run for reelection. Do landowners of good will really want to unmercifully and tyrannically, tyrannical directors to represent them and be in charge of their landowner’s association?
Summary courtesy of the Glastonbury Landowners for Positive Change
