MR. CHRIS KOSTERC/O
MR. ROBERT AHSENSSUPREMECOURTBUILDING
MR. STEPHEN HAWKEP.O. BOX 899
MR. GREG PERRY221 HIGH STREET
MR. DARYL HYLTONJEFERSON CITY, MISSOURI
MS. KARA JOHNSON
MR. THEODORE BRUCE
MR. FRANK JUNG
MR. EVAN BUCHHEIM
MR. BRECK BURGESS
MR. EDWIN STEINMAN
MR. CARLETON DAVIS
MR. TIMOTHY DUGGAN
MR. BART MATANIC
MS. KAREN WILSON
MS. SARAH PARKER PAULEY
DIRECTOR OF MISSOURI DNR
P.O. BOX 176
JEFFERSON CITY, MISSOURI 65102
STATE SENATOR MIKE PARSON
201 W. CAPITOL AVE. ROOM 224
JEFFERSON CITY, MISSOURI65101
STATE REPRESENTATIVE MS. WANDA BROWN
MISSOURI HOUSE OF REPRESENTATIVES
201 WEST CAPITOL AVENUE
ROOM 134
JEFFERSON CITY, MISSOURI65101
U.S. REPRESENTATIVE VICKIE HARTZLER
1023 LONGWORTH HOB
WASHINGTON, D.C. 20515
U.S. SENATOR ROY BLUNT
260 RUSSELL SENATE OFFICE BUILDING
WASHINGTON, D.C.20515
SENATOR CLAIRE McCASKILL
506 HART SENATE OFFICE BUILDING
WASHINGTON, D.C.20515
J. ERIC MITCHELL
JOHNS, MITCHELL & DUNCAN LAW
102 WEST JEFFERSON
CLINTON, MO 64735
DECEMBER 26, 2011
WE NEED SOME HELP! WE BELIEVE THE ADMINISTRATORS OF OUR COMMUNITY HAVEFRAUDULENTLY UTILIZED COMMUNITY FUNDS OF AT LEAST $50,000.
MY NAME IS STEVE LARABEE AND I LIVE IN A COMMUNITY OF 175 HOMES CALLED STERETTCREEKVILLAGE.
STERETTCREEKVILLAGE IS ABOUT 3 MILES NORTH OF WARSAW, MISSOURIOFF HIWAY 65.
WE ARE A LAKECOMMUNITY; THE MAJORITY OF RESIDENTS LIVE HERE FULL TIME WITH SOME “WEEKENDERS”. PRIMARILY OUR RESIDENTS WOULD BE CONSIDERED TO BE IN THE UPPER AGE DEMOGRAPHIC.
I AM ATTACHING DOCUMENTS WHICH WE BELIEVE PROVES OUR CONTENTION OF FRAUD.
STERRETCREEKVILLAGE IS “GOVERNED” BY A TRUST INDENTURE CREATED IN JULY OF 1986. THERE ARE 5 TRUSTEES. THE PRIMARY RESPONSIBILITY OF THE TRUSTEES IS TO ACT IN THE BEST INTEREST OF THE MAJORITY OF BENEFICIARIES OF THE TRUST – THE PROPERTY OWNERS. (SEE ATTACHED COPY OF TRUST INDENTURE)
THERE ARE NO GUIDELINES WITHIN THE TRUST INDENTURE REGARDING RESIDENCY REQUIREMENTS, ANYONE. ANYWHERE CAN BE A TRUSTEE.
WHEN THE TRUST INDENTURE WAS RECORDED, THERE WERE ONLY 92 LOTS. OVER THE NEXT 14 YEARS, AN ADDITIONAL 10 PLATS WERE ADDED, BUT WERE NOT ADDED LEGALLY. (ANOTHER LONG SORDID STORY)
IN THE LATE 1990’S A DEVELOPER PURCHASED 40 ACRES AJACENT TO STERETTCREEKVILLAGE.
THESE 40 ACRES WERE DEVELOPED IN THREE PHASES AND RECORDED AS THE“SCV 40”. COMPLETELY SEPARATE FROM STERETTCREEKVILLAGE AND DEVELOPED BY A DIFFERENT CORPORATION THAN DEVELOPED STERETTCREEKVILLAGE..
THE DEVELOPER (L&F CORPORATION) IN CONJUNCTION WITH A TRUSTEE (WHICH WAS ALSO A FORMER PARTNER IN DEVELOPING STERETTCREEKVILLAGE) TAPPED INTO THE VILLAGE’S WATER SYSTEM FOR ALL OF THE “SCV 40” DEVELOPMENT.
IN 2006, THE DNR INVESTIGATED A COMPLAINT FROM A COMMUNITY RESIDENT REGARDING LOW TO NO WATER PRESSURE. AMONG OTHER ISSUES
THE DNR ACKNOWLEDGED THAT THEY HAD MIS-CLASSIFIED THE COMMUNITY AND STATED THAT THE ADDITION OF “SCV 40” TO THE WATER SYSTEM WAS NOT APPROVED BY THE DNR.
THE DNR REQUESTED THE COMMUNITY PREPARE A PLAN TO BRING THE COMMUNITY UP TO DNR APPROVED WATER SYSTEM REQUIREMENTS.
THE DNR ALSO RECOMMENDED THE COMMUNITY EMPLOY A DNR LICENSED WATER ENGINEER TO DEVISE SUCH A PLAN.
THE COMMUNITY DID HIRE A WATER ENGINEER. THESE FACTS ARE DOCUMENTED IN ATTACHED DNR LETTER DATED JUNE 7, 2006.
AS PART OF THE PLAN SUBMITTED TO AND APPROVED BY THE DNR, IT WAS RECOMMENDED THAT THE COMMUNITY RAISE WATER RATES AND ESTABLISH A DEDICATED WATER FUND.
ON JANUARY 1, 2007 THE TRUSTEES OF THE COMMUNITY NOTIFIED PROPERTY OWNERS(BENEFICIARIES OF THE TRUST)THAT BEGINNING WITH THE FIRST QUARTER OF 2007, WATER RATES WERE BEING INCREASED FROM $45 PER QUARTER TO $75 PER QUARTER. THE ADDITIONAL $30 PER QUARTER WAS TO BE USED TO ESTABLISH A DEDICATED WATER FUND. (SEE 01/01/07 VILLAGE UPDATE -ATTACHED)
THE NEW RATE OF $75 WAS: $45 BASE WATER RATE, $30 DEDICATED WATER FUND.
BY 2011, THE TRUSTEES HAD PURCHASED A $50,000 CD AT HAWTHORN BANK IN WARSAW AND THE CD WAS IDENTIFIED AS WATER FUND.
THIS IS IDENTIFIED ON THE ATTACHEDTRIALBALANCESHEETSFORSTERETTCREEKVILLAGE. ACCOUNTING SERVICES AREPROVIDED BY LARSEN AND COMPANY IN WARSAW, MO.
I AM ATTACHING A COPY OF THE STERETTCREEKVILLAGE TRIAL BALANCE ENDING SEPTEMBER 2011 THAT IDENTIFIES THE $50,000 CD AS WATER FUND.
IN 2009ALL 5 OF THE TRUSTEES OWNED PROPERTY IN “SCV 40” AND UTILIZED OVER $30,000 OF STERETT CREEK VILLAGE TRUST INDENTURE FUNDS TO CHIP N SEAL THE ROADS IN “SCV 40”. “SCV 40” AT THE TIME WAS NOT EVEN A RECORDED PART OF STERETTCREEKVILLAGE.
IT WAS USING ONE OUR TRUST INDENTURE ASSETS TO PAVE AN ADJOING COMMUNITIES ROADS.
I TRIED TO STOP IT AND WAS SUCCESSFUL FOR A COUPLE OF YEARS.
THEN IN 2010, THE TRUSTEES “SECURED” A VOTE THAT “ANNEXED” 10 OF 11 PLATS INTO STERETTCREEKVILLAGE. (INCLUDING THE DEVELOPMENT “SCV 40”.WHERE THE TRUSTEES RESIDED)
THE PROPERTIES THAT WERE “ANNEXED” NEVER EVEN KNEW THEY WERE BEING “ANNEXED”.
IN OCTOBER 2011, THE TRUSTEES DECIDED TO REDEEM THE WATER FUND CD AND USE IT TO ASPHALT THEIR ROADS IN “SCV 40” WHERE THE MAJORITY OF THE TRUSTEES LIVE OR OWN PROPERTY. (30 OF THE 175 HOMES ARE IN “SCV 40”).
IN OCTOBER OF 2011, THE TRUSTEES SPENT $91,208 PAVING THE ROADS IN “SCV 40” (WHICH INCLUDED THE $50,000 DEDICATED WATER FUNDCD).
(SEE ATTACHED UNDATED AND UNSIGNED NEWS LETTERTHAT WAS SELECTIVELY DISTRIBUTED IN EARLY DECEMBER 2011)
I HAVE A BLOG AND I POSTED WHAT WAS HAPPENING WITH THE WATER FUND CD. OTHERWISE PROPERTY OWNERS PROBABLY WOULD NOT HAVE KNOWN ABOUT THE REDEMPTION OF THE WATER FUND CD. I BELIEVE THE BLOG POSTING GENERATED THE NEWS LETTER
WE DO NOT BELIEVE THE REDEMPTION OF THE WATER FUND CD AND THEN USED FOR PURPOSES OTHER THAN WATER RELATED ISSUES IS LEGAL.
WE BELIEVE THE TRUSTEES USED TRUST INDENTURE FUNDS TO IMPROVE THEIR OWN PROPERTIES.
THESE ACTIONS, WE BELIEVE ARE FRAUDULENT AND CERTAINLY A BREACH OF FIDUCIARY DUTIES.
THE DNR HAS TOLD ME THAT THERE IS NO DNR REGULATION THAT GIVES THEM ANY AUTHORITY IN THIS MATTER.
I FORWARDED ALL OF THIS INFORMATION TO THE BENTONCOUNTYPROSECUTOR AND RECEIVED NO RESPONSE. WHICH WAS PREDICTABLE.(SHE IS A CLOSE FRIEND OF ONE OF THE DEVELOPERS)
BY THE END OF SEPTEMBER 2011, 19 QUARTERS OF WATER RATES OF $75 A MONTH HAVE BEEN COLLECTED.
19 QUARTERS X THE BASE RATE OF $45 X 175 HOMES = $149,000+ BASE REVENUE
19 QUARTERS X THE DEDICATED WATER FUND INCREASE OF $30 X 175 HOMES = $99,750 IN DEDICATED WATER FUNDS.
THE WATER FUND TODAY IS $0.
SEE ATTACHED OCTOBER TRIAL BALANCE
I APOLOGIZE FOR THE LENGTH OF THIS LETTER BUT I BELIEVE IT IS NECESSARY.
AGAIN, THE DRIVING PRINCIPLE OF THE TRUST INDENTURE IS THAT THE TRUSTEES MUST ACT IN THE BEST INTEREST OF THE MAJORITY OF THE PROPERTY OWNERS.(BENEFICIARIES OF THE TRUST)
THERE ARE ONLY 30 OF 175 HOMES IN “SCV 40”. OVER $120,000 HAS BEEN SPENT ON ROAD IMPROVEMENTS ON THESE 30 HOMES WHERE THE MAJORITY OF TRUSTEES RESIDE OR OWN PROPERTY.
THIS IS NOT IN THE BEST INTEREST OF THE MAJORITY OF THE PROPERTY OWNERS/BENEFICIARIES.
WE SINCERELY WISH THAT YOU WILL INVESTIGATE OUR COMPLAINT.
WE WOULD LIKE TO SEE THE TRUSTEES BE HELD PERSONALLY LIABLE FOR FRAUD, AND BE HELD PERSONALLY RESPONSIBLE TO MAKE RESTITUTION TO THE TRUST INDENTURE FOR A MINIMUM OF THE $50,000 DEDICATED WATER FUND CD. REALISTICALLY, RESTITUTIONSHOULD BE MADE FOR $99,750.
IF THE TRUSTEES ARE ALLOWED TO ADMINISTER THE TRUST BY IGNORING THE BEST INTEREST OF THE MAJORITY OF THE PROPERTY OWNERS, WE ARE IN REAL TROUBLE.
UNFORTUNATELY, IT IS MY UNDERSTANDING THAT THE ONLY WAY TO RESOLVE ISSUES WITHIN A COMMUNITY GOVERNED BY A TRUST INDENTURE IS THROUGH THE COURTS.
IS THAT CORRECT?
I AM ALSO LED TO BELIEVE THAT A TRUST MUST HAVE A LEGAL LIFE AND THAT LEGAL LIFE IS 21 YEARS.
IS THAT CORRECT?
OUR TRUST IS OVER 25 YEARS OLD.
WE HAVE BEEN TOLD IN ORDER TO SET ASIDE THE TRUST WE NEED TO GO THROUGH AN EXPENSIVE AND EXTENDED PROCESS THROUGH THE COURTS.
SOMETHING WE CANNOT AFFORD TO ENDURE.
AS I STARTED THIS, I WILL END IT THE SAME WAY.
WE NEED HELP!
STEVE LARABEE (ALSO OWN)
18095 ORCHARD ROAD26856 ANCIENT CEDAR
WARSAW, MO65355WARSAW, MO65355
660-438-4446
660-221-0399 (cell)(WITHIN STERETTCREEKVILLAGE)
660-553-7908 (cell)
I AM LISTING THE CURRENT 5 TRUSTEES NAMES AND ADDRESSES.
*GLADYS BAKERTOM LAWRENCE
18368 SELWYN DR18302 ORCHARD ROAD
WARSAW, MO65355WARSAW, MO65355
*JAMES RUBYWADE ORICK
18292 SELWYN DR.18234 ORCHARD ROAD
WARSAW, MO65355WARSAW, MO65355
*MARLO ZEITLER
36874 JACKMAN AVENUE
WARSAW, MO65355 (ALSO SELWYN DR)