MR. CHRIS KOSTER
MR. ROBERT AHSENS
MR. STEPHEN HAWKE
MR. GREG PERRY
MR. DARYL HYLTON
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
C/O
SUPREME COURT BUILDING
P.O. BOX 899
221 HIGH STREET
JEFERSON CITY, MISSOURI
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, MISSOURI 65101
STATE REPRESENTATIVE MS. WANDA BROWN
MISSOURI HOUSE OF REPRESENTATIVES
201 WEST CAPITOL AVENUE
ROOM 134
JEFFERSON CITY, MISSOURI 65101
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 HAVE FRAUDULENTLY UTILIZED COMMUNITY FUNDS OF
AT LEAST $50,000.
MY NAME IS STEVE LARABEE AND I LIVE IN A COMMUNITY OF 175 HOMES
CALLED STERETT CREEK VILLAGE.
STERETT CREEK VILLAGE IS ABOUT 3 MILES NORTH OF WARSAW, MISSOURI
OFF HIWAY 65.
WE ARE A LAKE COMMUNITY; 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.
STERRET CREEK VILLAGE 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
STERETT CREEK VILLAGE.
THESE 40 ACRES WERE DEVELOPED IN THREE PHASES AND RECORDED AS
THE “SCV 40”. COMPLETELY SEPARATE FROM STERETT CREEK VILLAGE
AND DEVELOPED BY A DIFFERENT CORPORATION THAN DEVELOPED
STERETT CREEK VILLAGE..
THE DEVELOPER (L&F CORPORATION) IN CONJUNCTION WITH A TRUSTEE
(WHICH WAS ALSO A FORMER PARTNER IN DEVELOPING STERETT CREEK
VILLAGE) 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 ATTACHED TRIAL BALANCE SHEETS FOR
STERETT CREEK VILLAGE. ACCOUNTING SERVICES ARE PROVIDED BY
LARSEN AND COMPANY IN WARSAW, MO.
I AM ATTACHING A COPY OF THE STERETT CREEK VILLAGE TRIAL BALANCE
ENDING SEPTEMBER 2011 THAT IDENTIFIES THE $50,000 CD AS WATER FUND.
IN 2009 ALL 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 STERETT CREEK VILLAGE.
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 STERETT CREEK VILLAGE. (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 FUND CD).
(SEE ATTACHED UNDATED AND UNSIGNED NEWS LETTER THAT 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 BENTON COUNTY
PROSECUTOR 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
18095 ORCHARD ROAD
WARSAW, MO 65355
660-438-4446
660-221-0399 (cell)
660-553-7908 (cell)
slarabee@yahoo.com
slara98072@aol.com
(ALSO OWN)
26856 ANCIENT CEDAR
WARSAW, MO 65355
(WITHIN STERETT CREEK VILLAGE)
I AM LISTING THE CURRENT 5 TRUSTEES NAMES AND ADDRESSES.
*GLADYS BAKER
18368 SELWYN DR
WARSAW, MO 65355
TOM LAWRENCE
18302 ORCHARD ROAD
WARSAW, MO 65355
*JAMES RUBY
18292 SELWYN DR.
WARSAW, MO 65355
WADE ORICK
18234 ORCHARD ROAD
WARSAW, MO 65355
*MARLO ZEITLER
36874 JACKMAN AVENUE
WARSAW, MO 65355 (ALSO SELWYN DR)