Showing posts with label Glenwood Acres. Show all posts
Showing posts with label Glenwood Acres. Show all posts

Sunday, February 15, 2009

Shake-Up At Glenwood Acres

Raucous Landowner's meeting sees two GALA board members removed, one resign

Pictured: Russell McFadin (left) addresses the GALA Board members (L-R) Linda Moore, Larry Pugh, Jason Lundy

GLENWOOD, TX Feb. 14, 2009 -- In the end, it came down to 65 disputed proxy votes.

Saturday's meeting of the Glenwood Acres Landowner's Association (GALA) was chaotic from beginning to end. The call to order, scheduled for 2:00 p.m., was delayed by 35 minutes to settle questions of media access and member's voting status.

Members of the press were initially turned away at the association's clubhouse door, being told that the meeting was closed.

County Commissioner James Crittenden, attending at the request of landowners, and despite notice from GALA board members that his presence would not be welcome, took exception to the exclusion and sided with the media.

"It's an open meeting, unless they go into executive session." said Crittenden.

After discussions between Board President Jason Lundy, Crittenden and Precinct 1 Constable Russell Haris, it was decided to allow the media inside.


Controversy then quickly moved to the matter of determining which landowners were current on their dues, and therefore allowed to vote. The issue centered on several residents who were denied voting privileges for being delinquent on association dues.

The residents involved disputed that, saying they were current on a payment plan, approved by the board, that was supposed to allow them to catch up on back dues while staying current on the present ones.

"I pay my dues, and a half payment on back dues every month. I am not behind on my dues, and I demand to be allowed to vote today." said Glenwood resident Ellen Stone. Stone said she and her husband, Danny, have been landowners at the Glenwood Acres development for ten years.

Another resident, Tammy Spurger, said she had been on the same payment plan since 2000. She said GALA office manager Cindy Gill had told her Friday that the plan was no longer in effect.

But Mrs Gill and GALA board member Linda Moore, saying that all dues had to be current to vote, firmly refused to give voter numbers to the two women.

Even the call to order was not without controversy. With about 100 people in attendance, and landowners noisily demanding the meeting to start, Lundy stated that he was waiting for the final determination of voter status to begin. David Liedtke, who would be a vocal participant throughout the meeting, pointed to the entrance foyer and said "There's no one left out there, sir. There's no one left."

When Lundy still did not call the meeting to order, board Secretary Billy Sipes did.

With no announced agenda present, landowner Russell McFadin immediately made a motion, which was promptly seconded from the floor, to remove Lundy as board President. When Lundy did not call for discussion on the motion, McFadin demanded the board's Vice President, Larry Pugh assume control of the meeting.

Lundy then assented to the vote, and called for a show of hands. McFadin himself took the count, 37 for removal, and 35 against. Mcfadin then stated he had 17 proxy votes to cast, bring the total to 52 votes for removal. Lundy countered by saying they he controlled 65 proxies, and was casting them in favor of his staying on.

When McFadin asked if Lundy's proxies were notarized, Lundy responded that they didn't have to be. Amidst cries from the floor contradicting Lundy, McFadin then asked Sipes whether he, as board Secretary, would accept proxies that weren't notarized.

Sipes said that he would not, citing an inability to confirm the documents had indeed by signed by valid GALA voters. Prevented from casting proxy votes that would have saved his position, Lundy then left the room, to applause from about half of the landowners present.

McFadin then pressed Larry Pugh, board Vice President, to assume control of the meeting as acting President. Pugh, who's board term expired yesterday and was facing a vote himself, declined to assume the role, saying he held a full time job and didn't have the time to devote to the position. Pugh then also left.

At that point, Billy Sipes assumed the role as acting board President.

A motion from the floor to install a new board by landowner vote was entered, then withdrawn as discussion turned in favor of appointing an election committee to identify candidates and issue ballots. It was not immediately decided when that election might occur.

An unidentified landowner then asked if McFadin wanted to dissolve the GALA board. McFadin responded that he wanted to "do the will of the people", and that "the majority rules."

Sparks flew several time during the contentious meeting. At one point, McFadin drew fire from Glenwood Acres developer Charles Snider. McFadin stated that Snider, who is not a board member, had recently been allowed in the association's office, which is supposed to be off limits to the general public.

"I have never been in that damned office" Snider angrily replied. A call by McFadin to remove Snider from the meeting for using profanity was largely ignored.

Correction: in the original version of this story, Mr. Charles Snider's name was misspelled.

Shortly after that, Moore, also taking issue with statements by McFadin, hotly told him "you're trying to make a mockery of me, and I'm sick of it."

Another allegation by McFadin, though, did result in action. His statement that board member Paul Gill had been voted off the board in November, and inappropriately reappointed by Lundy, drew a denial from Moore. She stated that there had not been a motion made to remove Gill at the November meeting, making the vote taken invalid.

McFadin, however, had documented support on the point. Several landowners produced copies of the minutes of that meeting, taken by Moore, that flatly stated a motion had been made and seconded, and that the vote to remove Gill had been recorded. Moore then stated that if she had written that, she had been in error.

McFadin then called for a vote to remove Gill, but before any counting had started, Liedtke noted that since Gill wasn't a board member, he didn't need to be voted off.

Gill then unceremoniously rose and left, to scattered applause.

Clyde Brown, a Glenwood land owner for 28 years then rose, and asked the assembly "What has happened to us?. It's just like our big government" he said. "Greed!" His comments drew approval from the majority of those gathered.

Billy Sipes then noted that, with the removals and departures, a quorum of the board was not present.

But many in attendance disagreed, loudly proclaiming that a board quorum wasn't needed, since a quorum of Landowners was present.

Linda Moore then asked for the floor, and addressed the issue of court actions the board had taken against landowners for failure to keep their property clean. Saying the board had landowners support for the action, she singled out Mrs. Pat Floyd as one of the original supporters and signatories of the petition that spurred the actions.

Correction: Mrs. A.C. Floyd's comments during this exchange have been corrected.

Mrs. Floyd, wife of board Member At Large A.C. Floyd, and a supporter of board reform, responded by claiming that Moore had probably been inebriated. Her response drew a charge of lying from Moore.

Other landowners then rose, claiming the drive to reform the board wasn't just about the lawsuits. Issues over improper board expenditures for a tractor, and improper loans made by the board to certain association members were raised against a noisy background of disagreement.

Ron Cook gained the floor to question why the board needed the services of Attorney Tim Cariker, and said he wanted the lawyer's contract terminated. As discussion continued, Moore rose and stated that it had been her pleasure to serve on the board, and that she was tendering her resignation.

"Thank you" said McFadin curtly. "Leave your office keys on the way out".

Landowners then concluded discussion on Cariker, and a motion to terminate his contract was made, seconded a carried by vote.

With the number of active board members now down to two, Acting President Sipes then stated that he was going to appoint a temporary board to allow the association to continue doing business while elections were organized.

Asking for volunteers, Sipes appointed board members as they indicated their willingness.

Landowners Russell McFadin, David Nix and Clyde Brown were all appointed by Sipes on a temporary basis. Sipes designated Clyde Brown as Vice President and David Nix as board Secretary.

Sipes pledged the temporary board would not take any major actions outside of terminating Cariker's contract, performing a one year audit of the association's finances, securing the clubhouse building and nominating election committee members.

McFadin then said that he wanted to replace Cindy Gill with a new office manager, one who was not associated in any way with the board, and who could be bonded, as the secretary handled money daily.

Sipes agreed with the idea of a bonded employee, but stated a more immediate need would be to arrange for someone to open the association's office and perform general duties there.

Clarice Stratton, a landowner who has worked in the office before, was asked if she might fill the position temporarily. Saying she would as long as landowners understood that she might not be up to speed on everything, she was designated by Sipes as an interim office secretary.

Another landowner, Gary Man, then rose to speak in support of those board members who had been removed, and to speak out against landowners who did not pay their dues.

"Shame on you!", Man said. "Loafers don't pay their dues. ... They (the removed board members) were trying to get things going again."

The temporary board members then withdrew into an executive session, emerging about 15 minutes later to adjourn the meeting.

Outside, emotions still ran high. Landowners who supported Lundy gathered to call the meeting a "farce" and a "travesty". More than one promised that Lundy would have their support in the new elections, whenever they are held.

Others, happy with the outcome, promised to band together, offering labor and equipment to help neighbors clean up their lots.

After the meeting, Sipes told the Advocate that the process of performing the promised one year audit had been made more difficult by the parting refusal of Cindy Gill to give him the password to the association's computer.

"We'll have to hire a computer guru, or somebody to help us with that", he said.








Pictured: (L-R)Ellen Stone, Russel McFadin and Peggy Spurger listen to reasons why some landowners were excluded from voting
Pictured: GALA interim board (L-R) A.C. Floyd, Russell McFadin, David Nix, Clyde Brown, Billy Sipes
David Liedtke (R) addresses the GALA meeting

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Wednesday, January 21, 2009

GALA Impeachment Petition Validation Draws Fire

Organizers of the move to impeach board President Jason Lundy say the drive will continue, and a few hinted at possible legal action.

GLENWOOD ACRES, Jan. 22, 2009 -- After a Glenwood Acres Landowners Association (GALA) board meeting last Tuesday, the conduct of which is itself in question, drive leader Russell McFadin turned over the petition and signatures he had gathered to that point to board Secretary Billy Sipes.

McFadin says he had 61 signatures, but acknowledges that two of those should have been removed during validation, saying they were duplicates.

This morning, sources close to the board said the total was indeed 59 signatures, and confirmed that the validation would be done today.

After the validation, which left only thirteen signatures standing, Sipes, along with Board Member A.C. Floyd, took issue with process, calling into question the criteria used to invalidate 46 signers.

They say a board requirement that signers of the petition be current with their dues as of Jan. 12th, the day before the petition was submitted, is unfair. Both men said that member's dues are not usually considered delinquent until 30 days after their due date, and both believe that a number of the signatures struck down should not have been.

Addressing the process, Sipes said "I disagree with the tactics the board is using to stifle the voice of the people", going on to say "...there are 10 to 12 signatures, in my opinion, that should have been validated".

Speaking separately, Floyd stated "It (the validation) wasn't fair under any circumstances".

But GALA Board attorney Tim Cariker said today the criteria is fair, and is the same one used to determine whether members can vote on issues at the landowner meetings.

This brings up the question, however, of how the Board can apply that criteria, since they admittedly don't keep a current list of members in good standing.

According to the association's bylaws, that list is supposed to be available for inspection prior to every quarterly Landowners Meeting.

In spite of that requirement, Cariker said that the list isn't typically needed or requested at meetings, and is not kept current. Because of that, there may be more members than currently shown, and the effort to update the list is ongoing.

The most current update, posted today in the development's clubhouse, shows a total of 209 members of the association in good standing, counting landowners and spouses.

McFadin needs the signatures of ten percent (21) of those members to force an impeachment vote, and the votes of 20% (42) in order to oust Lundy.

As news of the validation results spread, the Advocate received multiple calls from irate residents, all claiming to have been stricken from the list unfairly.

In a call from McFadin, he stated his signature, as well as his wife's, Laura, was invalidated for delinquent dues. He decried that action, claiming he had paid his dues with a hand delivered check prior to the meeting, which the Board's paid secretary, Cindy Gill returned without cashing.

Cariker answered that charge by saying McFadin's check had been returned because it included dues for an invalid account, in effect, overpaying.

The Board, according to Cariker, has a policy of not cashing improper payments, and has asked McFadin several times to discontinue paying on the invalid account. Cariker said McFadin has ignored the request, and continues trying to pay on the invalid account, resulting in his payments being sent back.

Another resident, Ron Cook, says his civil rights are being violated, and voiced strong disapproval of the invalidation of he and his wife's signature, also for delinquint dues. He said he had paid his dues on time, and had even paid a month in advance.

Saying "This board is nothing but a kangaroo court", Cook echoed McFadin and Sipes in stating his discontent not only with how the petition validation had been handled, but in how the board meeting on Jan. 13th had been conducted.

They all say that in spite of an invitation, issued in the Association's last newsletter, for public comment at the meeting, Lundy refused to allow any comment from members. The Advocate has obtained a copy of the newsletter, and the invitation is indeed there.

They also voiced disbelief that neither the minutes of the last meeting, nor the current Treasurer's Report was read aloud. Sipes said the meeting lasted aproximately six minutes, during which time the board members read the minutes silently, and then voted to accept them into the record.

After that, he said Lundy stated that there was no reason to review the Treasurer's Report, since it had been printed in the newsletter, and then Lundy promptly adjourned the meeting.

Several members who then rose to speak were denied the opportunity, being told by Lundy that they were out of order.

As an indication of how tense things have become at Glenwood, after the meeting Sipes said he, another board member and several landowners were escorted away from the meeting site afterward by an Upshur County Constable, at the request of Ms. Gill.

Several ofn the residents who spoke to the Advocate today, expressed strong support for a donation drive aimed at hiring an attorney to bring suit against the board.

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Tuesday, January 6, 2009

GALA Board Disapointed Over Impeachment Drive

Attorney says legal ramifications will be the board's last resort.

GLENWOOD ACRES -- If there is anything that the Glenwood Acres Landowners Association Board and disgruntled residents can agree on, it is that things need to change.

Tim Caricker, the attorney hired to represent the landowners association in deed enforcement actions, said yesterday that the board hasn't targeted anyone, and is instead engaged in righting problems related to deed restrictions that have been allowed to go uncorrected for too long.

Caricker says that board members don't want to take anyone to court, and called attention to the six month grace period included in clean-up demands the board has made of some residents. He said that allowed residents until May of this year to comply.

Commenting on the impeachment drive to oust board president, Jason Lundy, Caricker said "The board is disappointed that it has received this response to what they are trying to do, which is to clean up Glenwood Acres".

He also said the board was aware that petition leader Russell McFadin had been cleaning up his lot, saying "The board acknowledges Mr. McFadin's efforts, and we encourage him to continue those efforts".

According To McFadin, though, what needs to be cleaned up is the board itself, starting with the removal of Lundy.

McFadin will need 20% of the association's members to sign the petition in order to force an impeachment vote, but no one is sure what the exact number of signatures that needs to be.

During an informal meeting of petition supporters Sunday, McFadin said that the board had been unwilling or unable to provide him with a count of members in good standing, or their names.

Caricker said the board is in the process of generating that list, but it has been complicated by the need to not only identify the members in good standing, but also to determine which of them have gotten married or divorced, since the spouses of members have votes as well.

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Saturday, January 3, 2009

Impeachment Petition Aimed At Glenwood Acres Board President

A resident of Glenwood Acres is circulating the petition, aimed at removing Jason Lundy, president of the landowner's association board.

The simmering feud between the board of the Glenwood Acres Landowner's Association and Russell McFadin, a resident of the development since 1995, has bubbled over into an effort to unseat board president Jason Lundy.

In a 3 page letter he delivered to the board Monday, McFadin asks for the immediate resignation of Lundy.

In the letter, as well as in an interview with the Advocate, McFadin alleges harassment of himself by the board, unequal and unfair application of rules and restrictions, and says that the board has not followed it's own protocols and procedures. Lundy is accuses of recklessness and poor leadership.

The dispute stems from what McFadin says are efforts to single him out, and force him out of the community.

In November, McFadin, along with several other residents, received notices from the association threatening court action unless efforts were made to clean up their lots. Part of that demand by the board might have involved a structure that McFadin built on his lot, that might not comply with deed restrictions.

McFadin says he has been working on complying with the clean up demand, hauling off scrap from his lot over the last month.

He also has run afoul of the board in the past because of delinquent association dues. In September, the board filed a lien with Upshur county to force payment of those.

That issue, however, has been resolved. McFadin produced a lien release and other documents proving he had negotiated a settlement with the board, and was current on his dues.

That could be important to his impeachment effort, since a resident of the development is required to be current on their dues in order to vote on association business.


Yesterday, Mcfadin set up camp at the entrance to the development, asking residents to sign the petition.

According to bylaws of the association shown to the Advocate, McFadin needs one fifth of the estimated 1000 members of the association to sign the petition in order to force an impeachment vote.

When contacted late Friday, Mr. Lundy, through his secretary, declined immediate comment, saying the board's attorney would contact us with a statement.

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Thursday, January 1, 2009

Upshur Commissioners Vote To Update Office Equipment

Citing the poor condition of copiers and file time-stamp equipment, County Commissioners voted Wednesday to spend $6000 on replacements.

After brief discussion, in which Commissioners heard that the existing machines were out of warranty and not repairable, Court voting was unanimous to replace one county copy machine, and two time stamp machines, used to record the date and time that the county receives documents.

The copier, a Sharp machine, will cost the county $5426.00 to purchase, and 1 cent per copy for upkeep and maintenance. TLC Office Systems will supply the new machine.

The Court approved another $1600.00 expenditures for the two file stamp machines. The exact cost was not known, but the approved amount was decided based on prices found online.

In other business, the Commissioners considered the following items:

* Accept for recording all payroll changes. Motion by Ferguson, second by Crittenden, ayes unanimous.

* Approval of county payroll. Motion by Ferguson, second by Crabtree, ayes unanimous.

* Approval of Budget Amendments. No action taken.

* Approval of Accounts Payable. Commissioner Crittenden asked for and received clarification on the bond forfeitures, line item 202. After the disbursement of funds coming into the county from bail bondsmen was explained, he seemed satisfied. Motion to approve was made by Commissioner Ferguson, and seconded by Campbell. The ayes were unanimous.

* Approval to accept various Court documents including audit reports, bonds, oaths, deputations and certificates. Motion to approve by Crittenden, seconded by Crabtree, ayes unanimous.

* Approval to accept for recording the monthly report of State and County taxes. Motion to approve was made by Crabtree, seconded by Crittenden, ayes unanimous.

The floor was opened at the beginning of the meeting for public comment, and one county resident rose to speak.

Russell Mcfadin, a resident of Glenwood Acres, addressed what he called character assassination at last month's Commissioners Court meeting.

He refrained from going into details or naming names, choosing instead to thank the Court for the opportunity of presenting his side of what has been a long running dispute between certain residents of the subdivision and the Glenwood Acres Landowners Association.

The subdivision is in Upshur Precinct #1, Commissioner Crittenden's precinct.

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