Axtells Accusations

This post is being made to protect my name, as well as my intentions concerning my interaction with Members of the Glebe Harbor – Cabin Point Sanitary District. This post will not address the Libel statements made by the President of the Glebe Harbor – Cabin Point Association via her email to approximately 400 of my neighbors/residents.

As always, I do try and give the Residents of the Glebe Harbor – Cabin Point Sanitary District, the truth on glebeharbor.com. Please keep an open mind to what the President of the Glebe Harbor – Cabin Point Association inc., said her her email addressed to our Community, to the following facts that I am submitting, concerning her statements to my neighbors. The following letter has been submitted to Westmoreland County, as well as others cc’ed.

To: The Chairman of the Westmoreland County Board of Supervisors.

Date: April 29, 2019.

Reference: Letter submitted by the President of the Glebe Harbor – Cabin Point Association Inc, to Mr. Chairman, Chairman of the Westmoreland County Board of Supervisors, dated April 22nd, 2019.

Mr. Chairman, I am requesting that this letter be added into the public record to dispute the false as well as misleading and somewhat delusional allegations submitted to you in writing, by the President of the Glebe Harbor – Cabin Point Association Inc.

Since the President of the Glebe Harbor – Cabin Point Association has elected to send that same letter to approximately 400 of my neighbors as well, titled, “GHCP Association News for April, 2019”, I will post this letter on glebeharbor.com to protect my name, my reputation, as well as my intentions concerning my Community. I have attached a copy of this email for you to view with a cover page titled: “GHCP Association News for April, 2019”.

According to our Management & Operating Agreement between Westmoreland County and the Glebe Harbor – Cabin Point Sanitary District, on page 10, section E, it states in part that:

Capital Budget. The Parties anticipate preparation of an annual capital budget consistent with a multi-year plan to be developed by Manager with input from property owners and County Administration. (Bold font added by Dana Tucker).

At no time has our BODs asked anyone anything, with the purpose of developing our 5 year Capital Improvement Plan that was submitted to Westmoreland County. In fact, they blamed Westmoreland County as part of the reason they felt they did not need to do this. I have attached a copy of their response they placed on gh-cp.org.

At no time have I appointed myself the leader of any group in my community as the President of the Glebe Harbor – Cabin Point Association has accused me of. She has done this before and I will tell you the same thing I told her. ” I did not start this revolution, but I most certainly support it”.

It was the President of the Glebe Harbor – Cabin Point Association that provided me with the information that over 300 Members of the GH-CP Sanitary District had written, or talked with Westmoreland County, concerning their three year budget proposal. The President of the Glebe Harbor – Cabin Point Association made this statement in an Town Hall Listening Secession Meeting on June 2nd, 2018, after their request for their 3-year budget proposal was denied by the Westmoreland County Supervisors. Honestly Mr. Chairman, some of my BODs acted like a bunch of spoiled children, that did not get their way.

Page 1 of 11.

This was also the same meeting when one of our members, made the public statement that the Westmoreland County Board of Supervisors were a bunch of “Fu**ing Idiots”. The President of the Glebe Harbor – Cabin Point Association was in charge of this meeting, and allow this member to keep spewing his foul remarks towards you, and well as the Board you chair! It was only after people started supporting your decision Mr. Chairman, that this meeting was quickly adjourned.

Glebeharbor.com is not a commercial website as the President of the Glebe Harbor – Cabin Point Association is trying to mislead others to believe. The domain name “glebeharbor.com” was purchased on June 18th, 2018. The fact that one of our current Board Members agreed to provide me information to be placed on glebeharbor.com, as well as ask me for information that was gathered from glebeharbor.com, just goes to show how far out of touch the President of the Glebe Harbor – Cabin Point Association is with her Community, as well as maybe her own her Board of Directors.

I have many emails that show support for my BODs, as well as my Community. I have given my BODs advice on why our Reserve Study, should not be placed online without password protection, after I downloaded it from gh-cp.org. This is just one of many examples where I try to help out. I have attached a copy of this email for you to view with a cover page titled: “Reserve Study”.

This is excerpt from the email I received dated December 3rd, 2018 concerning my statement offering to provide me information to be placed on glebeharbor.com.

I’m also happy to provide information to you for your site so that we can be sure that everyone is working with good information”. (Bold font added by Dana Tucker)

I have also been asked to share data I received through glebeharbor.com as well. This is excerpt from the email I received dated November 15th, 2018.

“ I understand from Bill that you’ve run a preliminary survey on your website and that the responses are suggesting so far that there is not interest in pursuing the establishment of a golf cart community here in Glebe Harbor-Cabin Point. If you’d be willing to share that data with us, it would be a helpful supplement to data we will be soliciting shortly from the members. (Bold font added by Dana Tucker)

I can assure you Mr. Chairman, it was only after I refused to support the Glebe Harbor – Cabin Point Board of Directors, concerning my endorsement of raising our RUF in person, or through glebeharbor.com, that this campaign to discredit myself as well as glebeharbor.com, was started. In the beginning of December 2018, everything was fine. That was only four short months ago Mr. Chairman. I have attached a copy of this email for you to view with a cover page titled: “Giving Info” & “Requesting Data”.

Page 2 of 11.

I know who makes the policy for our Sanitary District Mr. Chairman. I have read both agreements between our Sanitary District and Westmoreland County many times. I also know what the role is for our Board of Directors. One of the things that I was confused about though, is who set the original $190.00 Recreational User Fee, and what was the process used, to determined this amount. I think Westmoreland County may have set to original fee, but I am still unaware of the process used as well as how the figure of $190 was reached. I would be very grateful is this procedure could be explained to me, as well as my Community.

According to the Westmoreland County Administrator, the President of the Glebe Harbor – Cabin Point Association was told several times, that the original Recreational User Fee set at $190, was the amount of funds she would have to work with. If the President of the Glebe Harbor – Cabin Point Association knew this, why is she now stating that she feels that amount, is not enough money to operate our community?

Why did the President of the Glebe Harbor – Cabin Point Association feel the need to suggest raising our RUF, three years in a row, which she had no authority to do to begin with? Our budget proposals are a yearly event. Maybe she was confused between our budget and our five year capital improvement plan process.

If she knew this was the amount they had to work with, why did she sign the agreements? Why is she now telling you she is deeply concerned that they do not have enough funding, to maintain our Community? What has changed since she signed the agreements? Did she not understand this process before she signed the agreements with Westmoreland County?

As far as our “Great Success” of meeting the goal to fund our waterway and shoreline projects, if I a not mistaken, that was only done with the aid of low interest loans backed by or made through Westmoreland County. According to the Miller – Dodson and Associates Reserve Study dated December of 2016, The Glebe Harbor – Cabin Point Property Owners Association had a $0 balance concerning any reserve funds, starting on January 1st, 2017.

The President of the Glebe Harbor – Cabin Point Associations statement of “Overstatement of Total Cost of Dredging Projects to Date”, I simply made this statement from what they have posted on gh-cp.org. I guess I should have added waterway refurbishment into my statement, maybe then the President of the Glebe Harbor – Cabin Point Association would not be so upset. The fact still remains that these projects did in fact put this Community in debt, and the cost according to the Westmoreland County Budget Fund #-227 states our Capital Projects Total is/was $673,012. If I made a mistake with these figures, I can assure you it was not done with the intentions of misleading or embarrassing anyone.

Page 3 of 11.

The President of the Glebe Harbor – Cabin Point Associations statement of my lack of understanding, concerning our GH – CP Sanitary District budget is somewhat misleading as well. I will be the first to admit that I had to reach out to the Westmoreland County Finance Department for guidance. I had some questions concerning line items and phrases I simply did not understand, as they were written.

I was more then satisfied with the response I received from Westmoreland County concerning my questions and in my defense Mr. Chairman, I honestly believe that most people would have a hard time understanding a budget of this size as well. I have attached a copy of this email for you to view with a cover page titled: “Finance”.

Now that I have a better understanding of the budget Mr. Chairman, what I do not understand, is why the President of the Glebe Harbor – Cabin Point Association signed an agreement with Westmoreland County, when she was told several times that the amount of money they would have to work with, would be $190 per taxable lot. Maybe she had a problem understanding our budget as well? The only difference is, I am willing to admit it.

With all due respect to everyone involved, most people knows, that once you sign a legal document, and especially a legal document with a County Agency, you are committed to what you have signed. That is one of the reasons a clause is/was put into these agreements that in part state, “each party acknowledges that each had the opportunity to be represented by counsel”.

The President of the Glebe Harbor – Cabin Point Associations statement concerning “Adversarial Engagement with the CHPC Board of Directors”, this sword cuts both ways. As I have shown to you on page (2) two of this letter Mr. Chairman, I did my best to work with my BODs. On June 20th, 2018, I offer to meet with the President of the Glebe Harbor – Cabin Point Association and her Board, to share with them the concerns that many of my neighbors had, as well as myself. She refused my offer.I have attached a copy of this email for you to view with a cover page titled: “Offer Refused”.

I have attached this email to this letter Mr. Chairman, so you can read my sincere desire to try and help heal the animosity that exists in my Community to this very day. Please keep in mind Mr. Chairman, even after the President of the Glebe Harbor – Cabin Point Association declined my offer, I still worked with other Directors of my Board, as the dates on the attached emails will clearly show.

The President of the Glebe Harbor – Cabin Point Association speaks of “not knowing about the petition to create the Sanitary District ” when they voted to become a Sanitary District. I do know Mr. Chairman, and it makes me sick! I will address this issue in later in this letter.

Page 4 of 11.

The President of the Glebe Harbor – Cabin Point Association is trying to convince people they had overwelming support from our community concerning the Sanitary District. Since the President of the Glebe Harbor – Cabin Point Association claims they had all this overwhelming support from our Community, why did she feel the need to pass this petition around, at their weekly happy hour?

I have attached a copy of this Board Minutes for you to view with a cover page titled: “Board Minutes POA”. This is the same minutes that contain the phrase that most people who have signed the petition already belonged to the POA as well as the suggestion of passing the petition around during their weekly happy hour.

Was anyone under the influence of alcohol when they signed this petition? This question deserves an answer Mr. Chairman and our Community has a right to know! If decisions are being made concerning the welfare of my Community when people may be under the influence of alcohol, this needs to be investigated. I hope you find this as disturbing as I do!

The survey we just completed with a deadline of March 15th, 2019, is a perfect example of what type of support, our Board of Directors truly have within their own Community. The following statement was posted on gh-cp.org on April 15th, 2019.

“ The 2019 Member survey was sent to all members in late January with the closing date of March 15, 2019. The survey has had a strong response rate, with members completing the survey online and many hardcopy submissions”. (Bold font added by Dana Tucker)

This survey was not sent out in late January, it was sent out on February 8th, 2019. According to the results of this survey given at our open meeting on April 18th, 2019, only 149 responses were returned. If you deduct the Board positions for all three Associations, this number would now be around 128 responses. I can only assume our Leadership would complete this survey and only one member per household was allowed to participate. But I also assumed that only one person per household, would be allowed to sign the petition as well.

Maybe the reason they had to extend the deadline for this survey by 15 days, was due to a lack of participation. With all due respect Mr. Chairman, 149 responses out of 1,017 Property Owners is not a “Strong Response Rate”. Most people would consider this a dismal failure! Making this type of statement on our official gh-cp.org website, is very misleading to our Community as well as Westmoreland County Officials. When we moved into Glebe Harbor, the name of our main association, was the Glebe Harbor – Cabin Point Property Owners Association Inc.

Page 5 of 11.

I find it hard to believe that out of 1,017 Property Owners, we were the only ones that assumed we DID NOT belonged to a Property Owners Association. Even Miller – Dodson and Associates referred to our Community as a “Property Owners Association” in their description, when they were contracted to do our Reserve Study in 2016.

If you were wondering why she put “as defined under Virginia Law” in her statement, maybe it was because everyone else thought as we did. I wonder when they figured out that their name was misleading as well as confusing? Maybe after I told them I would take them to court in order to view my own governing documents, that I was denied access to? Maybe.

Let me tell you Mr. Chairman what my threat of legal action has done to improve my Community. It has forced my POA Association to remove “Property Owners” from their official name as it is submitted to the Virginia State Corporation Commission. My actions may just keep other potential buyers coming into my Community, from falling into the same trap we did. It also forced my Civic Association to re-write our By-laws concerning monthly meetings.

The President of the Glebe Harbor – Cabin Point Association described glebeharbor.com as a commercial website before, now she describes it as an activist website. Let me tell you what glebeharbor.com is Mr. Chairman. It is a website where Property Owners can comment on our Communities, without fear of censorship or being ostracized like they are trying to do to me at this very moment.

It is a place that Property Owners can be informed about having our RUF increased and how they can make their concerns known. It is where they can find information concerning our community, that simply will not get posted on gh-cp.org.

The President of the Glebe Harbor – Cabin Point Associations accusations concerning confrontation with their board is a sword that cuts both ways. I have already explained my efforts to cooperate with my Board of Directors earlier in this letter. I can assure you Mr. Chairman, I have many more emails showing how I have tried to help support my BODs as well as my Community.

The President of the Glebe Harbor – Cabin Point Associations remarks about “ambushed audio recordings taken out of context”, again, is very misleading. Virginia Law allows anyone the right to legally record phone calls between two parties. When the spouse of the President of the Glebe Harbor – Cabin Point Association went to one of my neighbors and told them I could not be counted on and tried to assassinate my reputation, I was mortified when my neighbor told me what he said. I had only met this neighbor one time.

Page 6 of 11.

I confronted her spouse during a phone call and he admitted saying, just as my neighbor had stated. This man is also the President of my Civic Association. Maybe that is why the President of the Glebe Harbor – Cabin Point Association, is upset over this issue. If so, she needs to tell her spouse how to act, when he represents our Civic Association as the President.

Well, that as well as one of her Directors referring to me as a “MotherF***er”. That was recorded as well. This person is also an Officer of the Court as well as registered with the Virginia State Bar. I will be more then happy to provide you with a copy of both recordings Mr. Chairman.

As far as the President of the Glebe Harbor – Cabin Point Associations statement of answering my questions, I can assure you Mr. Chairman, I have emails where my questions have gone unanswered. It amazes me that after I post the same questions on glebeharbor.com, that my emails get answered just about instantly.

On the gh-cp.org website under “We are listening” and then “What we heard and done” section, there are (12) twelve questions that were asked by Community Members and four comments made. I asked six of these questions and made the very first comment, “I am glad to see the BOD taking the steps to encourage member input”.

The President of the Glebe Harbor – Cabin Point Associations statement of me being an “expert concerning associations”, the only statements I have ever made was I did in fact take the Board Member Course given by the Community Associations Institute, (https://www.caionline.org/LearningCenter/Education-for-Homeowners/Pages/default.aspx), as well as several online courses dealing with interpreting Reserve Studies.

These courses are designed to help Board Members as well as Communities plan for their future expenses. Reserve Studies are a vital tool for helping to plan dues structure, as well as allow Community Leaders to determine when dues may need to be increased, to help maintain and build reserve funds.

Does that make me an expert? No. But it does give me an edge on someone who has never had any training concerning how to sit on a Board. I know that profanity, especially vulgar profanity, should never be allow in any Association meeting and this has been condoned twice!

The time this was directed towards me in a meeting, by another Board Member, I stood up and rebuked him to his face, turned and walked out of the meeting. Several other Members walked out behind me as well.

Many people are offended by this type of language, including myself as well as my wife. Let me tell you about another thing I learned from taking this course from CAI Mr. Chairman.

Page 7 of 11.

It is referred to as “The Appearance Of”. It is also mentioned in Chapter 10, Title 13.1, sections 870 and 871 of the Code of Virginia. The last Civic Association Meeting I attended was held on April 16th, 2019 at 7pm. This was the same day the GH-CP Association weekly happy hour party was going on.

Before our meeting started, the President of my Civic Association came out from this party, looked at me with his wine glass in hand, filled with what anyone would assume was wine. I was sitting in the center area of the clubhouse, outside of the room where the party was being held. He instantly turned white as a sheet, did a 180 degree turn and went back into the party.

Giving the impression of drinking before a Association meeting, that you will be chairing, simply does not give the proper impression, nor does it build confidence with Members, concerning your ability to hold that position. After I walked into the room were we were holding our meeting, two other members came in with their glasses filled as well.

Our meeting started at 7pm. The floor was open for any questions. I asked the only question. “At this time, has any discussion been made concerning combining our three associations together, into one association?” The President replied “no” and they immediately went into executive succession and everyone was asked to leave.

The open portion of this meeting lasted less then 10 seconds! I want you to understand Mr. Chairman, the only benefit I receive for paying $30 each year to my Civic Association, is the satisfaction of knowing I am helping to support my neighbors who live on gravel roads. Most of our Civic Association dues are used to fill their potholes with gravel, as well as have their roads plowed during the winter. They are not State Maintained and VDOT is not obligated to plow them. I live on a paved road!

As far as cooperating with my Board of Directors, I do it every time the need arises, if they are willing to except my help. The latest example of this was at our GH-CP Association meeting, held on April 18th, 2019. The President of the Glebe Harbor – Cabin Point Association could not figure out how to make the sound coming from her laptop, come out of the large flat screen TV. She was setting up a “Video Chat” using Zoom.

I told her it takes about two mouse clicks to do this. Bill, one of our BODs, said if it was that easy, go ahead and do it. It took me less then 20 seconds to make the sound come out of the TV, so everyone could now hear the presentation, concerning the recent survey we took, given by JD at a remote location.

Page 8 of 11.

There are so many reasons I have made the decision to take my questions as well as my concerns, to the Westmoreland County Board of Supervisors Mr. Chairman. It is very unreasonable to think you can treat people in certain ways and then turn around and ask for their support and expect to get it.

There was a reason our boat ramps had gates that could keep non members from using them. There was a reason the CP Beach had a gate that could be locked to keep non members from walking on it. There was a reason that you had to be a member to use the pool or have to pay for a pass, use the tennis courts or our other beaches Mr. Chairman. It was to keep nonpaying Residents in our Communities from using these features.

I do what I do Mr. Chairman, to help support my neighbors that have already contacted Westmoreland County, concerned with our Recreational User Fee. The sad truth is Mr. Chairman, not only did they run out of money, but due to the average age of the Community that is still willing to support them, they have a very small base of volunteers that can do physical labor. This was verified at our last meeting concerning the recent survey results. JD stated that less then 10% replied back that they were willing to volunteer concerning our upcoming projects.

The worst thing is, it seems our BODs go out of their way looking for volunteers to host their weekly , and make very little effort to seek volunteers that could help us reduce our operating cost. This is currently posted on gh-cp.org under their “Special Events” tab, then “Regularly Scheduled Activities”.

“Regularly Scheduled Activities. Most Tuesdays: Happy Hour at the Clubhouse, 5-7pm, in the Hough Lounge. Please bring your own beverages and a snack, hors d’oeurve, light finger food, or dessert to share. Volunteer Hosts are solicited and announced on Glennet”. (Underline font added by Dana Tucker.

Our Management & Operating Agreement gives our BODs an option to present alternative ways to help meet the goals set forth in our agreement with Westmoreland County. Have they ever given you one option Mr. Chairman, that did not include raising our Recreational User Fee?

If not, then why not Mr. Chairman? It is hard to believe that nine people, whom most if not all, are Collage Educated people, cannot come up with one single idea, that does not require raising our Recreational User Fee! Why are there no committees formed to look for these possibilities?

As far as the President of the Glebe Harbor – Cabin Point Associations statement of “unsupported allegations, misleading statements and errors of fact”, I hope the information I have provided you attached to this letter, will show you who is trying to mislead who, concerning my involvement with my Community.

Page 9 of 11.

At this point of this letter Mr. Chairman, I am asking you to reply back to me, concerning the rest of my statements. This situation seems to be heading for resolution within a Westmoreland County Court, if questions go unanswered and our Community keeps going in this same direction. I can assure you that this will only be done as a last resort.

At this time I would like to address the issue of the petition that was signed to get the matter of becoming a Sanitary District into a Westmoreland County Court. The following information was taken from the Official Petition filed on November 23rd, 2015, with the Westmoreland County Clerks Office. This is the petition the President of the Glebe Harbor – Cabin Point Association is referring to in her letter.

Out of the total of eighty-nine signatures on the Petition that was needed to bring this matter into a Westmoreland County Court, this number only represents sixty-one physical addresses. That means that twenty-eight residents, had two or more signatures assigned to their property.

Out of the (61) sixty-one physical addresses, (47) forty-seven of these properties, have waterfront addresses and the majority of the people who signed this petition, were already members of the POA!

It gets worse Mr. Chairman. Out of the eighty-nine signatures, seventy-two signatures where from waterfront property owners. I am curious Mr. Chairman as to the total amount of signatures on this petition, who were not of the Glebe Harbor – Cabin Point Property Owners Association when they signed it.

Did our Board of Directors really want this Sanitary District to help improve our community as a whole, or did they use their positions for their own personal gain, which is strictly prohibited under Chapter 10, Title 13.1, sections 870 and 871 of the Code of Virginia.

This is an excerpt from Chapter 10, Title 13.1, sections 870 and 871 of the Code of Virginia. “ Board members shall avoid any action which might result in or create the appearance of: using membership on the Board for private gain; or giving unjustified preferential treatment to any person or Organization”. (Bold font added by Dana Tucker)

The fact that seventy-two signatures out of eighty-nine signatures, own or reside at waterfront properties, and the majority of these signatures were already dues paying members of the Glebe Harbor – Cabin Point Property Owners Association, and the majority of our three Association Board Members own or reside on waterfront property, seems to support the statement that our Board of Directors did in fact, use their positions for private gain as well as give unjustified preferential treatment to their dues paying members.

Page 10 of 11.

In closing Mr. Chairman, I would like to see Westmoreland County put together an oversight committee, to look into the information I have provided to you, as well as my accusations/concerns, concerning the behavior of my Board of Directors and the formation of the Glebe Harbor – Cabin Point Sanitary District.

We are all human and transparency will go a long way when people are disgruntled. We deserve the truth so we can plan our own financial futures. These truths need to be based on facts, not hearsay. I am sure you would agree with me Mr. Chairman, that every citizen in Westmoreland County deserves to be told the truth, when it comes to possible future expenses, that will most certainly effect their financial planning, as well as their right to have peace of mind.

I am requesting that Westmoreland County responds to this letter Mr. Chairman. The last thing this Community needs is to have these issues made more public then they already are as well as have these accusations resolved in a Westmoreland County Court.

Sincerely,

Dana Tucker.

cc.

 

W.W. Hynson. Election District #4.

 

Russ Culver. Election District #2.

 

Dorothy Dickerson Tate. Election District #3.

 

Larry Roberson. Election District #5.

 

Norm Risavi. County Administrator.

 

Virginia State Corporate Commission.

P.O. Box 1197

Richmond, VA 23218.

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