Special Board Meeting Oct 23, 2008

Bridger Creek Subdivision Community Association

Board of Directors

Minutes of Special Meeting – October 23, 2008

 

The meeting was called to order at 6:00 PM at the home of Ernie Vyse by President Jerry Nelson. Also in attendance were the following Board members: Lindy Halverson, Sharyn Anhalt, Ernie Vyse, and Dorick Sauvageau, representing a quorum. Members Shirley Hinz, Carmen Wietlispach, Dan Semsch and Golf Course Partners representatives Rex Easton and Jack Schunke also attended.

 

The purpose of this meeting was to reach a financial agreement regarding drainage improvements between the Village Greens property and Golf Course Partners property. The estimated total cost of the project is $18,000.

 

Carmen indicated that Village Greens wished to expand the drainage system beyond that shown on the plans; their association would bear the cost of the addition. Of the total $18,000 needed, Village Greens was willing to pay $10,333.34 and Golf Course Partners was willing to contribute $4,333.33.

 

A motion was made for the BCSCA Board of Directors to authorize a $3,333.33 payment to Village Greens Townhome Association to pay for installation of the drain tile system, provided that Golf Course Partners and Village Greens contributes the stated amounts above. The drain tile system will improve storm water and ground water issues along the BCSCA linear trail, and possibly eliminate the need for Village Greens to pump ground water into Boylan Rd, thus providing a direct benefit to the BCSCA. Village Greens will execute a hold harmless agreement in return for this payment, releasing BCSCA from future ground or surface water issues. The motion was seconded and approved unanimously.

 

The meeting adjourned at 6:30pm. The next regular Board Meeting is scheduled for Tuesday Nov 18, 2008, 7PM at the home of Jerry Nelson, 1017 Boylan Rd.

 

Submitted by: Sharyn Anhalt, Secretary

Board Meeting Oct 14, 2008

Bridger Creek Subdivision Community Association

Board of Directors

Minutes of Meeting – October 14, 2008

 

The meeting was called to order at 7:00 PM at the home of Jerry Nelson by President Jerry Nelson. Also in attendance were the following Board members: Lindy Halverson, Sharyn Anhalt, Ernie Vyse, and Dorick Sauvageau, representing a quorum. Members Shirley Hinz, Carmen Wietlispach, Susan Hunter and Golf Course Partners representative Rex Easton also attended. Ed Guza, an attorney representing Village Green Townhomes was also present.

 

The minutes of the Sept 9, 2008 meeting were read and approved unanimously. Reports from the Design Review Committee and Parks Committee were not available.

 

The Nemelka fee arbitration hearing was held on Tuesday September 23^rd. Ernie and Jerry attended. Mr. Nemelka agreed to turn over our file in exchange for a $4,750 payment in settlement of his fees; the board was not required to sign any non-disclosure agreement as previously proposed.

 

Ed Guza started the discussion on the proposed drain system installation between Village Greens and Links Condo. He feels that a determination needs to be made regarding who is responsible for the cost. He is in the process of reviewing covenants for BCSCA and Village Greens regarding maintenance of common areas. The board pointed out that although the trail system between the two properties is designated a common area, Golf Course Partners has never deeded ownership to BCSCA and is still the legal owner.

 

Rex Easton then reported that the board of GCP feels that they have already made a significant contribution by arranging for the engineering and bid for the proposed system, and sharing the cost of the review done by Nicklin Earth & Water. The GCP board would like to hear how Village Greens will contribute before committing to further participation.

 

The board of BCSCA expressed interest in contributing to the project financially, but does not wish to be involved in negotiations or details. BCSCA has a vested interest in seeing this project completed, because it will improve the appearance of Boylan Rd by removing the water discharge from Village Greens.

 

The Village Green homeowners and attorney Ed Guza stated that they still needed to gather information and discuss the issue with their association. Ed feels that responsibility for the groundwater problem may lie with the City of Bozeman or the engineers on the projects, Morrison Maierle. The engineer on the Village Green project was Morrison Maierle, who also has a financial interest in Golf Course Partners. Village Greens would like Nicklin Earth & Water to review the engineering done by Morrison Maierle for the drain system, and they will contact Michael Nicklin.

 

All parties agreed to a follow up meeting on Thursday Oct 23^rd, 6pm at the home of Ernie Vyse, 2507 Valhalla Ct. The regular board meeting adjourned at approximately 8pm. The BCSCA board remained to meet in private regarding possible financial contribution. The private meeting adjourned at 8:45pm.

 

The next regular Board Meeting is scheduled for Tuesday Nov 18, 2008, 7PM. The library meeting room is not available, and Jerry Nelson will once again host the meeting at his home.

 

Submitted by: Sharyn Anhalt, Secretary

Minutes of September Board Meeting

Bridger Creek Subdivision Community Association

Board of Directors

Minutes of Meeting – September 9, 2008

 

The meeting was called to order at 7:00 PM at the Bozeman Public Library by Vice-President Lindy Halverson. Also in attendance were the following Board members: Sharyn Anhalt, Ernie Vyse, and Dorick Sauvageau, representing a quorum. Design committee chair Les Fischer and members Adam Racow, Shirley Hinz, Carmen Wietlispach, and Golf Course Partners representatives Rex Easton and Jack Schunke also attended.

 

The minutes of the August 12^th and 28th, 2008 meetings were read and approved unanimously.

 

Ernie reported that the insurance policy has been renewed and our coverage reviewed. We appear to have adequate and proper insurance coverage. Ernie also provided a Treasurer's report, stating that quite a few annual dues have not yet been paid. He will instruct the bookkeeper to send statements for all unpaid dues at the end of September.

 

The Nemelka fee arbitration hearing has been scheduled for Tuesday September 23^rd. Sharyn will send our statement to the State Bar, and Ernie will plan on attending the hearing. Lindy will possibly attend.

 

Sharyn suggested that the Board re-elect officers in order to assign new positions before the terms of Sharyn and Ernie expire in May 2009. It would be beneficial for the continuing Board members to learn their current duties. We will visit this issue at the next Board Meeting.

 

The engineer's report from Michael Nicklin of Nicklin Earth & Water was presented. The Board, along with Golf Course Partners, hired Michael to provide an independent evaluation of the ground and surface water situation at the Links Condo Project site. The report concluded that higher ground water existed this year, but that there was still a chronic problem in the area of the Links Condos and Village Green Townhomes. The report suggested that the best long-term solution for both would be to install drain tile along the west side of the Links Condo property, which would help reduce the ground water level for both properties. Golf Course Partners proposed that the cost of this installation be shared between their project and the Village Green Townhomes owners, since it would provide a solution to the ground water problems they experienced prior to this year. The Village Green members present agreed to consider this, and asked the BCSCA Board if any financial assistance would be available from our Association. The Board declined to offer any assistance until a firm cost is known for the project, but would consider helping since it would eliminate the water that currently flows onto Boylan. Jack Schunke agreed to get a proposal together before our next Board meeting.

 

The plans for finishing the concrete lift station structure were presented by Golf Course Partners and reviewed by the Board and Design Committee. A motion passed unanimously to accept these plans and grant permission for the Links Condo project to resume construction.

 

Ernie reported that he determined the deed for the trail easement in Phase 1 was never transferred to BCSCA. All other deeds for park land have been transferred. Since the installation of the drain tile discussed previously may require disturbing the trail, Golf Course Partners will complete that project and then arrange for transfer of the deed to BCSCA.

 

The meeting adjourned at approximately 8:00 PM. The next regular Board Meeting is scheduled for Tuesday October 14, 2008, 7PM location to be determined.

 

Submitted by: Sharyn Anhalt, Secretary

Special Meeting of the Board of Directors and Design Committee

Bridger Creek Subdivision Community Association

Board of Directors & Design Committee

Minutes of Special Meeting – August 28, 2008

 

The meeting was called to order at 6:30 PM on the site of the Links Condo Project on Birdie Drive. The purpose of this meeting was for the Design Committee to review the site plan and additional information submitted by the applicant, and for the Board of Directors to determine if the application has met the conditions of the covenants. Present at the meeting were Board Members Lindy Halverson, Sharyn Anhalt and Ernie Vyse, representing a quorum. Design committee chair Les Fischer and committee member Adam Racow were also present, along with BCSCA members Shirley Hinz, Susan Hunter, Dave Andreassi, and Rex Easton as a representative of Golf Course Partners.

 

Les Fischer and Adam Racow reviewed the revised site plan and determined that the setbacks were now within the requirements of the covenants. In addition, all architectural aspects of the project meet the covenants, except for the concrete block structure associated with the lift station. Since construction has begun on the site, a walk-through of the existing site plan was conducted. Residents of Village Green Townhomes described the water drainage problem that occurred after the storm in July, and options were discussed on how to alleviate the problems.

 

The applicants, Dave Andreassi and Rex Easton, felt that all requirements of the covenants had been met, and since they had already received a building permit from the City of Bozeman requested permission to continue construction the next morning. After discussion, the Board of Directors agreed unanimously that permission could not be granted, due to the lack of any plans or specifications for finishing the lift station structure. The Board also expressed a desire to have an independent engineer review the site plan and storm water design to ensure that it would not affect neighboring homeowners in the future. The Board requested that the Secretary detail the additional information needed from the applicant in a letter, and the issues will be reviewed again at the next Board Meeting on Tuesday September 9.

 

The meeting adjourned at approximately 8:00 PM. The next regular Board Meeting is scheduled for Tuesday September 9, 2008, 7PM at the Bozeman Public Library.

 

UPDATE – After the meeting, the Board of Directors and Golf Course Partners agreed to jointly hire an independent engineer to review the site plan and storm water drainage. The engineer should complete his review and provide us with a report by September 9^th.

 

Submitted by: Sharyn Anhalt, Secretary

Minutes of Aug 12th Board Meeting

Bridger Creek Subdivision Community Association

Board of Directors

Minutes of Meeting – August 12, 2008

 

The meeting was called to order at 7:00 PM at the Bozeman Public Library by Vice-President Lindy Halvorsen. Also in attendance were the following Board members: Sharyn Anhalt, Ernie Vyse, and Dorick Sauvageau, representing a quorum. Design committee chair Les Fischer and members Dave Casto, Shirley Hinz, Susan Hunter, and Carmen Wietlispach also attended.

 

The minutes of the July 8, 2008 meeting were read and approved unanimously.

 

Sharyn reported on the status of the Nemelka fee arbitration. The arbitration had been rescheduled for August 12^th, but then the lead arbitrator resigned. A new arbitrator was appointed, but it happened to be Ernie Vyse's personal attorney. We did not have an objection, but did inform the arbitration panel. The new arbitrator did resign to prevent any potential conflict. A new arbitrator has not been assigned yet. The board statement that will be sent to the arbitration panel has been prepared.

 

Sharyn reported that our insurance policy is up for renewal in Sept, but it is unclear what coverage we currently have. Lindy offered to call First West insurance and review the policy before we pay the premium.

 

Ernie presented the Treasurer's Report. Dues are still being collected from the assessment sent in July, and our bills are being paid currently. We have sufficient cash available for operating expenses and budgeted Park improvements.

 

Parks Committee – Stuart was not available to attend the meeting, but sent his report by email. His email updated the status of the Augusta West trail construction along McIlhattan; Stuart has spoken to the City and they agreed that the trail could be constructed in the right of way. The Board was asked to assess whether a gravel/natural fines trail was preferred over a paved asphalt trail. The gravel trail is less expensive to build, but the paved asphalt has less maintenance cost. After discussion, a motion was seconded and approved to direct Stuart to proceed with the gravel/natural fines trail. Construction may begin this fall.

 

Design Committee – Les reported that the design committee met with Rex Easton of Golf Course Partners and Dave Andreassi, builder for the Links Condo project last week. Complete plans and specifications have not yet been provided, but some progress was made on approval of the building plans. The plans will be revised to accommodate the required setbacks, and no fence will be included along the trail corridor. The committee still needs a complete site plan and elevation in order to review and approve the project.

 

Despite a lack of approval from the Design Committee, site construction has commenced on this project, including interior drives and sidewalks, utilities, site grading, water retention ponds, and a sewer lift station. The Board has sent a letter to Golf Course Partners informing them of this covenant violation and requesting that all construction cease until plans have been approved.

 

The Village Green townhomes to the northwest of Links Condos, have been experiencing very high ground water levels this spring and summer. Shirley, Susan and Carmen attended the meeting as their representatives and to voice concern over the water retention design on the Links project. Even though the townhomes have had high ground water in the past, the problem has increased multifold since construction has started. The location of the water retention pond may be adding to the ground water on their property. According to the site plan available, it appears that snow storage is also designed to drain into the retention pond.

 

The Board and Parks Committee also have concerns over the retention pond overflow; it is designed to drain towards the trail easement and through a pipe to the drainage easement on the other side. However, recent rain storms have shown that the water is directed over the trail in some areas. The Board also expressed concern over the concrete enclosure for the lift station generator. The covenants do not allow for any free-standing storage buildings. Once the complete plans and specifications are received from Golf Course Partners, the Design Committee and Board of Directors will hold a joint meeting to assess the plans and review the construction that has already been completed.

 

Dorick mentioned that Golf Course Partners was holding a meeting the next evening. He invited Shirley, Susan, and Carmen, Village Greens representatives, to attend.

 

New business – Sharyn reported that many of the boulevard trees in front of homes have died and should be replaced. She will contact the city and the homeowners if necessary. There are also some boulevard trees with low hanging branches and overgrown landscaping on homeowner lots that make it difficult to walk down the sidewalk.

 

The meeting adjourned at approximately 8:50 PM. The next regular Board Meeting is scheduled for Tuesday September 9, 2008, 7PM location at the Bozeman Public Library.

 

Submitted by: Sharyn Anhalt, Secretary

Board Minutes July 8 2008

Bridger Creek Subdivision Community Association

Board of Directors

Minutes of Meeting – July 8, 2008

 

The meeting was called to order at 7:00 PM at 1017 Boylan Dr by President Jerry Nelson. Also in attendance were the following Board members: Sharyn Anhalt, Ernie Vyse, and Dorick Sauvageau, representing a quorum. Design committee chair Les Fischer and members Ruth Vyse and Arlyss Nelson also attended.

 

The minutes of the May 21, 2008 meeting and June 2 and June 24, 2008 special meetings were read and approved unanimously.

 

Jerry reported that he had called Mr. Nemelka to inform him that we could not sign the Hold Harmless agreement as written. The Board felt that a settlement that prevented us from disclosing the terms to our membership would not be in our best interest. Sharyn reported that the State Bar had not rescheduled the arbitration hearing, pending a possible mediation with the lead arbitrator, Gerry Higgins. The Board discussed the pros and cons of continuing with the arbitration vs. exploring mediation, and a motion to continue with arbitration was approved. Sharyn will contact Mr. Higgins and request that the arbitration proceed.

 

The landscaping issue with the Sobrepena house that was brought to our attention by a member has been resolved satisfactorily.

 

Ernie presented the Treasurer's report – we currently have just over $16,000 in cash available. Expenses for the January – June financial period were within budget.

 

Parks Committee report – Stuart Jennings, Parks Committee Chair, was unavailable to attend but did send a statement by email. Mowing is ongoing in the parks, and a combination of mowing and spraying is used to control weeds. Stuart mentioned that the source of many of the weeds may be the unmowed vacant lots that have not been properly cared for – Ernie volunteered to survey the lots and contact homeowners, or the city for enforcement. Stuart also reported that the proposed walking path along McIlhattan is in the works, and the Gallatin Valley Land Trust may be interested in assisting with the project.

 

Design Committee report – Les Fischer presented these updates:

The Thorsen and Patton homes in phase 3 are both occupied, but pending completion of landscaping.

The Steckmest home in phase 3 has an issue with an exposed meter that is being addressed.

The Woloszyn home in phase 3 was just approved. An average of roof elevations was used to meet the covenant height restriction.

Andreassi condo project on Birdie – Les requested that the Board clarify several issues:

1. How to apply setbacks within the condo development
   
2. The definition of a "unit" to apply the 8 units per acre requirement and application of the building fees.
   
3. The plans included a fence, which would be denied by the Design Committee.
   

The issues were tabled until the next meeting so that these issues could be addressed. Sharyn offered to contact City Planning.

 

New Business – Les suggested that the BCSCA obtain a storage unit to house the numerous building plans currently residing in his garage. These plans have been passed among Committee chairs in the past, but have become too bulky to continue to store. Sharyn suggested that a storage unit could also be used for other BCSCA property, such as the mower/snowblower used in phase 2. We will continue to look into this.

 

The meeting adjourned at approximately 8:00 PM. The next regular Board Meeting is scheduled for Tuesday August 12, 2008, 7PM at the Bozeman Public Library.

 

Submitted by: Sharyn Anhalt, Secretary

Minutes of Special Board Meeting, June 24 2008

Bridger Creek Subdivision Community Association (BCSCA) Board Meeting.

 

Minutes of the special board meeting held June 24, 2008, 6:00PM at 2507 Valhalla CT. Present Jerry Nelson, President, Ernie Vyse, Treasurer, Dorick Sauvageau and Lindy Halverson board members representing a quorum. The sole purpose of this special meeting was to discuss the proposed settlement agreement between Nemelka and Restum PC and the BCSCA.

 

Old Business

President Nelson brought the meeting to order and opened the discussion about the proposed settlement agreement. Ernie Vyse read an email from the absent secretary Sharyn Anhalt and then read article seven from the agreement which prohibits disclosure of the terms of the agreement to any third party. Discussion of this article revolved around the obligation of the board to inform the members about the amount of the settlement. Discussion then switched to the possibility of any problems with the performance of the lawyers since the contents of the file has not been disclosed to the present board and we are totally unaware of the content of the file. After this discussion, Lindy Halverson moved that the proposed agreement be not accepted. This motion was seconded by Dorick Sauvageau and the motion was passed unanimously. President Nelson agreed to phone Mr. Nemelka about the board's decision.

 

New Business

President Nelson asked that we seek advice from former Board members to guide our deliberations. After some discussion a motion was made by President Nelson and seconded by Lindy Halverson to ask Karin Jennings and Bill Ranard to assist us in the future. This motion was passed unanimously. President Nelson then closed the meeting.

 

Submitted by Ernie Vyse, Treasurer

Board Meeting Minutes May 21 2008

Bridger Creek Subdivision Community Association

Board of Directors

Minutes of Meeting – May 21, 2008

 

The meeting was called to order at 6:00 PM at the Bozeman Public Library by President Jerry Nelson. Also in attendance were the following Board members: Sharyn Anhalt, Ernie Vyse, Lindy Halverson, and Dorick Sauvageau, representing a quorum.

 

The minutes of the May 5, 2008 Board Meeting were read and approved.

 

The minutes of the May 5, 2008 Annual Membership Meeting were also presented. Sharyn explained that when preparing the minutes, a discrepancy was discovered with one of the Bylaws amendments approved at the meeting. The Bylaws amendment regarding Roberts Rules of Order for all membership and director meetings was presented as an amendment to Article IV, but Article IV only deals with membership meetings. An amendment to Article VI would be needed for this to apply to director meetings. A motion was presented to strike the reference to directors meetings from this amendment. Motion was seconded and approved. The minutes of the Annual Membership meeting have been updated to reflect this new language.

 

The result is that the Bylaws will not specify Robert's Rules of Order for director meetings, only for membership meetings. Therefore, a motion was presented to follow Robert's Rules of Order or all director meetings during this next year, and to present an amendment for vote at the next Annual Membership Meeting to amend the bylaws. Motion was seconded and approved.

 

The Bylaws Amendments approved by the members will need to be recorded at the Gallatin County Clerk & Recorder, and mailed to all members. The procedure for recording at the county is to document the voting, prepare the exact wording of the amendments (exact wording appears in the minutes to the Annual Membership Meeting), and have the signature of the President of BCSCA notarized. Sharyn will prepare the documents and send to Jerry, who will deliver to the Gallatin County Clerk & Recorder. Copies of the amendments will be mailed to all members with the next dues assessment.

 

Sharyn updated the board on the status of the fee arbitration with Rhett Nemelka. The arbitration is scheduled for May 29^th, and the board has sent a written statement to the arbitrators.

 

The next dues assessment will be mailed in July; the assessment will stay at the minimum $75 per lot. Along with the dues assessment, a newsletter will be included. The Board will prepare this mailing at our next meeting on July 8^th, 7pm. Jerry offered to host this meeting at his home, 1017 Boylan. Any members who wish to help stuff envelopes are welcome to attend.

 

Discussion was held regarding a regular monthly board meeting. A motion was presented to schedule the second Tuesday of each month, 7pm, as the regular meeting time. There will be no meeting in June, since we are holding this meeting in late May. The next meeting will be July 8^th as previously discussed. Motion was seconded and approved.

 

New business – the construction started in Phase 1 on the recently re-zoned lots is infrastructure. No buildings have been started, but plans should be given to the Design Committee soon.

 

The meeting adjourned at approximately 6:55 PM.

 

Submitted by: Sharyn Anhalt, Secretary

Park and Trails Planning Meeting

Bridger Creek Subdivision Community Association

Park and Trails Special Meeting

Minutes of Meeting – May 21, 2008

 
 

The meeting was held at 7:00 PM at the Bozeman Public Library Meeting Room. In attendance were Board members: Ernie Vyse, Sharyn Anhalt, Dorick Sauvageau as well as Park and Trails Chair Stuart Jennings and several homeowners. 

The goal of the special meeting was to identify Park and Trail improvement opportunities for the next several years and to prioritize the projects for implementation. The following Park and Trail improvements were discussed:

• Working with the City/County and adjacent private landowner to complete the Boylan Road walking loop by installing a trail or sidewalk across the dirt gap along Story Mill Road.
  
  • Priority ranking: 4
    
  • Rationale/Plan: The safety of this section was greatly improved by the installation of the sidewalk and curb at the adjacent corner of Boylan and Story Mill. If this property is annexed to the City the City would require future installation of the sidewalk at no expense to the Homeowners Association.
    
• Install a sidewalk or trail along McIlhattan Road west from Augusta Drive to the Phase 3 linear trail. This pedestrian trail would be installed in the 60 foot wide road right-of-way.
  
  • Priority ranking: 1 (construction during 2008 dependent on construction cost and agreement with the City)
    
  • Rationale/Plan: This connection would allow Phase 2 and 3 residents a safe non-motorized walking route and take pedestrians off of McIlhattan Road. Begin design and solicit construction bids.
    
• Install a sidewalk or more probably a trail along McIlhattan Road east from Augusta Drive, across Bridger Creek, along Story Mill Road to connect to Phase 1.
  
  • Priority Ranking: 2
    
  • Rationale/Plan: Since the original conception of the Bridger Creek development a pedestrian connection between all 3 phases of Bridger Creek has been planned. This route will be difficult to design and expensive to construct. A plan was initiated to begin discussions between the City, Golf Course Partners' engineer and the Park and Trail Chair.
    
• Improvements to the small triangular Park in Phase 1 near Bridger Blacksmith.
  
  • Priority Ranking: not ranked
    
  • Rationale: This project is a low priority and will be done in future years with the participation of nearby residents.
    
• Improvements to the Phase II Park along Augusta Drive.
  
  • Priority Ranking: not ranked
    
  • Rationale: Substantial investment (~$21,000) has been made in this park to date and no apparent improvements are required.
    
• Improvements to the Phase I Park at the west end of Boylan Road
  
  • Priority Ranking: not ranked
    
  • Rationale: Substantial investment (~$7,000) has been made in the park and no apparent improvements are required.
    
• Improvements to the Phase I trail from Bridger Blacksmith to the East Gallatin Recreation Area.
  
  • Priority Ranking: not ranked
    
  • Rationale: Approximately $5000 was spent in 2006 to resurface the trail. It is currently in good condition. The original plat approved by the City shows landscaping along the length of the trail which has not been installed. As the adjacent lots on Birdie Drive are currently under construction it was determined to wait for their completion and landscaping prior to revisiting the landscaping issue.
    
• Improvements to the Phase III City Park adjacent to the landfill including a small bench/viewing area/ trees shrubs/weed control/reseeding etc.
  
  • Priority Ranking: 3
    
  • Rationale/Plan: Develop a plan for landscaping to pursue matching City of Bozeman Parkland Improvement Grants. The trail constructed through this park was built using a 50/50 match of $5000 each from the Homeowner's Association and City.
    

The meeting was adjourned with the goal of developing the number 1 priority project during 2008 and collection bids for Board approval. Planning for the priority 2-4 projects will be initiated in 2008 with periodic updates to the Board on progress.

 

Directors meeting to elect Officers

Bridger Creek Subdivision Community Association

Board of Directors

Minutes of Meeting – May 5, 2008

 

The meeting was called to order at 10:20 PM at the Northwestern Energy Meeting Room. In attendance were the following Board members: Ernie Vyse, Sharyn Anhalt, Dorick Sauvageau, Lindy Halverson, and Jerry Nelson, representing a quorum.

 

The meeting was held to elect officers to the Board of Directors. Nominations were as follows:

Jerry Nelson, President

Lindy Halverson, Vice President

Sharyn Anhalt, Secretary

Ernie Vyse, Treasurer

These nominations were seconded and approved by the Board without objection. The next meeting of the Board will be Wednesday May 21, 6pm-7pm, at the Bozeman Public Library. The Parks & Trails Committee presentation will immediately follow.

 

The meeting adjourned at approximately 10:25 PM.

 

Submitted by: Sharyn Anhalt, Secretary

 

Minutes from Annual Meeting

Bridger Creek Subdivision Community Association

Annual Membership Meeting

Minutes of Meeting – 7pm, May 5, 2008

 

The meeting was called to order at 7:10 PM at the Northwestern Energy meeting room by President Kim Janzen. Secretary/Treasurer Sharyn Anhalt announced that a quorum was present with 164 votes present in person or by proxy. 162 votes are needed for a quorum.

The treasurer's report was presented by Secretary/Treasurer Sharyn Anhalt. The 2007 profit/loss statement was distributed with the notice of annual meeting sent to all members. Sharyn reported that as of March 31, 2008, the association had a cash balance of $17,287.33. The Board was able to reduce expenses over the past year, by cutting back on watering and mowing of the phase 1 park grounds, minimizing mailings to members, and by performing some administrative functions with volunteers. Members were reminded that the next dues assessment will be sent July 1, 2008, which will put the association on track for reporting income/expenses on a fiscal year July-June period.

There was a question from the membership regarding the disputed legal fees with Rhett Nemelka. The Board has filed with the Montana State Bar for fee arbitration regarding these legal fees, and the hearing is scheduled for May 29, 2008. Mr. Nemelka has refused to provide the Board with the Association's legal file.

Parks & Trails Committee Report – presentation by Stuart Jennings, committee chair. Stuart provided a very informative history of Parks & Trails projects since 2002, along with some ideas for future improvements. Stuart would like to present the future plans in more detail, and has scheduled a meeting to discuss Parks & Trails planning. The meeting is scheduled for Wed May 21, 2008 at 7PM at the Bozeman Public Library meeting room.

Community Design Committee Report – Les Fischer, committee chair, gave a brief report regarding plans that were approved over the past year. The three lots owned by Golf Course Partners along Birdie Drive have been rezoned for multi-family units, and construction will begin shortly. A reminder was given to members that improvements to the exterior of homes must be presented to the Design Review Committee prior to beginning any projects.

Covenant & Bylaw Review Committee – this was a new committee formed this past year to review our Covenants and Bylaws, and suggest possible changes. Paul Gianas worked on reviewing the Bylaws, and his suggestions formed the basis of the survey that was sent to members last January. Based on the mixed results of the survey, the Board decided to not prepare any items for a vote at this annual meeting, but Paul informed the members that he planned to present a motion to have the members vote during the "new business" section of the agenda.

The July 2008 to June 2009 budget was presented and approved unanimously by the membership.

Board elections – two Board positions were open, but prior to the meeting no nominations had been made. Ernie Vyse nominated member Lindy Halverson; the nomination was seconded and the election was unanimously approved. Paul Gianas offered to run for the second board position, but informed the members that he would resign within the month, allowing the Board to appoint a replacement. Before that could be discussed, Meredith Tate nominated Jerome Nelson for the second position; the nomination was seconded and the election was unanimously approved.

The new business section of the agenda was opened, and Paul Gianas moved to present amendments to the Bylaws. The Secretary of the meeting, Sharyn Anhalt, explained to the members that these amendments could be voted on at the meeting, even though they were not listed in the Notice of Annual Meeting, as long as 60% of the members present approved that they be added to the agenda for a vote. The vote was taken to approve adding these items to the agenda; 103 votes to approve, 44 opposed. 99 votes (60%) were needed for approval, so these items were added to the agenda for voting. 98 votes, or 60% of a quorum of members, are required for approving amendments to the Bylaws.

 

Item #1

Bylaws Article IV Section 4 Quorum and Proxy Voting to be amended as follows:

    At any membership meeting, a quorum for the transaction of business shall consist of at least 40% of the eligible voters either by their presence in person or by proxy.

And

Bylaws Article X Amendments to be amended as follows:

1. Amendment procedure. The bylaws may be amended at a regular or special meeting of the members by a 36% vote of the total membership or a majority of those present in person or by proxy, whichever is greater. Provided further that any matter stated herein which is not in accordance with the restrictive covenants may not be amended except as provided therein.
   

 

The intention of this amendment is to reduce the quorum requirement for the annual meeting to 40%, while maintaining the minimum voting requirement for amending the bylaws. The bylaws currently provide for amending with approval of 60% of a quorum – 60% of 60% equals 36%. The added provision for "a majority of those present" provides that the bylaws amendment could never pass with a minority vote of those present at the meeting. Voting results = 115 in favor (98 required for approval). Amendment passed.

 

Item #2

Bylaws Article VI Section 4, Directors Meetings, 4. Quorum to be amended as follows:

    At all meetings of the Board, three members of the Board of Directors shall constitute a quorum and, except as otherwise provided by law or the bylaws, the act of a majority of the Directors shall be the act of the Board.

 

The intention of this amendment is to reduce the Board Meeting quorum requirement to 3, while still requiring the approval of 3 directors to take any action. Voting results = 150 in favor. Amendment passed.

 

Item #3

Bylaws Article IV, Meeting of Members, amend by adding section 6:

    6. Parliamentary Procedure. The parliamentary procedure to be followed at the Annual or Special Meetings of the members shall be Robert's Rules of Order, latest edition.

    

The intention of this amendment is to establish an accepted method of conducting meetings for members. The amendment as voted at the meeting included language that applied to Director's meetings; since Article IV only applies to members meetings, that language was deleted from the final version. Voting results = 152 in favor. Amendment passed.

 

Item #4

Bylaws Article VI, amend by adding section 5:

    5. Attendance at Directors Meetings. Directors meetings shall be open to all members, and minutes of any Directors meeting shall be available to all members.

 

Voting results = 152 in favor. Amendment passed.

 

Item #5

Bylaws Article VIII Officers, to be amended as follows:

1. Officers. The officers of the Association shall be a president, one or more vice presidents, a secretary, and a treasurer. The officers shall be members of the Board of Directors, with the exception of Treasurer, who must be a member of the association.
   

 

The intention of this amendment is to allow the Board of Directors to appoint a treasurer who may have greater expertise than the Board Members in financial matters. Voting results = 115 in favor. Amendment passed.

 

 

 

Other new business:

    A member asked whether reduced fees for golfing could be negotiated for members. Dorick Sauvageau, the Golf Course Partners representative, noted that it was doubtful, but he would check.

    A member requested that the covenant requirement for lighting be reviewed. There are many lights on homes that appear to not point downward as required.

    Carl Olsen asked that the minutes reflect the appreciation of the members for the efforts of the Board this past year.

 

The meeting adjourned at approximately 10:15 PM.

 

Submitted by: Sharyn Anhalt, Secretary/Treasurer

Board Meeting Minutes, March 4, 2008

Bridger Creek Subdivision Community Association

Board of Directors

Minutes of Meeting – March 4, 2008

 

The meeting was called to order at 7:00 PM at the Bozeman Public Library by Vice-President Ernie Vyse. Also in attendance were the following Board members: Sharyn Anhalt, Lynn Perkins, and Dorick Sauvageau, representing a quorum. Kim Janzen did not attend. Member Les Fischer was also present.

 

The minutes of the December 11, 2007 Board Meeting were read and approved. The scheduled Board Meetings for January and February lacked a quorum, so no minutes are available.

 

Les Fischer presented the Design Review Committee report. The Committee received one request for a porch roof addition to 1050 Boylan Rd, Unit 16 from Carmen Wietlispach. The addition was denied, due to conflicting setback requirements. The Committee wrote the homeowner a letter suggesting that the issue be presented to the Board of Directors for clarification.

 

Stuart Jennings was not available for a Parks & Trails Committee report, but emailed Sharyn information before the meeting. Parks & Trails will need to present a proposed budget at the Annual Membership Meeting on May 5^th, and Sharyn will contact Stuart to coordinate the information.

 

With respect to Parks & Trails and annual assessments, there have been questions from members regarding the history of our current $75 per lot assessment and whether an amount was to be reserved for Parks & Trails. The assessment was increased to $75 at the 2002 Annual Membership Meeting. The Board reviewed all information available from that meeting and agreed that the approval of a $75 assessment was an increase to the minimum annual assessment, as provided in article V of the Bylaws. Therefore, the Board is authorized to enforce $75 per year. Regarding a reserve for Parks & Trails, the Board felt that this was not included in the 2002 membership vote. Any Parks & Trails improvements will need to be approved on a year to year basis by the Members at the annual meeting. The Parks & Trails Committee should consider including a proposed reserve amount in each annual budget that can be used for future expenditures.

 

Sharyn presented a financial budget for the Association for the period January 1 to June 30, 2008. A motion was made to approve the budget, seconded, and approved unanimously. A proposed budget for July 1, 2008 to June 30, 2009 will be presented at the Annual Membership Meeting on May 5^th for member approval.

 

The results of the Member Survey were presented by Sharyn, and are attached to these minutes as part of the record. 76 of the 250+ surveys were returned. The Board discussed each item on the survey, and the pros/cons of bringing any of the topics to a vote of the members. None of the topics had clear support. No motions were made to prepare any of the items for a vote at the Annual Membership Meeting. Members may still bring these items to a vote at the meeting, provided that 60% of the members in attendance approve of discussing and voting on the items.

 

The location for the Annual Membership Meeting was discussed. Les Fischer will check if the Northwestern Energy Meeting Room is available. This location would be convenient and is available for no cost. If that room is not available, we will book a hotel meeting room as in the past. Sharyn will confirm the location with Les. The notice of Annual Meeting, along with all meeting materials will be sent by early April.

 

Sharyn has been working on updating Membership Records for addresses, votes, and quorum requirements. Now that Golf Course Partners has had the 3 commercial lots in phase 1 rezoned to Multi-family residential, the number of total votes will change. Dorick reported that 18 dwelling units were approved for this property, so Golf Course Partners will now have 18 votes instead of the 21 votes previously counted.

 

The Board received an email from Erik Henyon regarding snow removal issues, in particular the city ordinance that prohibits placing snow from sidewalks and driveways in the city street. Erik requested that the Board contact the City Street Dept to coordinate a snow removal plan. The Board declined to discuss this item, since snow removal is each property owner's responsibility.

 

The next regular meeting of the Board will be Tuesday April 8, 2008, at 7:00 PM, location will be announced prior to the meeting. The meeting adjourned at approximately 8:45 PM.

 

Submitted by: Sharyn Anhalt, Secretary/Treasurer

Bridger Creek Subdivision Community Association

Board of Directors

Minutes of Meeting – December 11, 2007

 

The meeting was called to order at 7:00 PM at 707 Bridger Drive by President Kim Janzen. Also in attendance were the following Board members: Sharyn Anhalt, Ernie Vyse, Dorick Sauvageau, representing a quorum. Lynn Perkins did not attend. Member Paul Gianas was also present.

 

A reminder to all members that city code requires sidewalks to be cleared of snow within 24 hours of a snowfall. Board members will report back at the January 8, 2008 meeting with any sidewalks that remain covered with snow. The city will be contacted for enforcement.

 

A motion was made to maintain the annual dues assessment at $75 per lot, motion was approved unanimously. According to the covenants (article VI Section 3 on page 15) the Board shall fix the amount of the assessment 30 days prior to the fiscal year, and prepare a roster of lots. Since the covenants do not clearly specify when statements must be mailed to members, annual dues assessments will be mailed in January in order to provide the Board with more time to prepare additional items to insert in the mailing. This will help reduce mailing costs for the association.

 

Paul Gianas, a member of the new Covenant and Bylaw Review Committee, was in attendance to present his recommendations on the Bylaws. Our current budgeting year of Jan-Dec along with the annual members meeting in May requires the Board to prepare a budget and dues assessment without any input or voting from members. Paul recommended that the Board adopt a new fiscal year for financial purposes only (the association's tax year will remain on a calendar year) of July-June. This will allow the Board to present an annual budget for the upcoming year to the members for approval at the annual meeting, and allow adoption of the annual dues assessment as provided by the Bylaws (Article V, 3.) The Covenants and Bylaws do not specify the fiscal year for the association, leaving the Board free to set the period for financial reporting. A motion was made to change the Association's financial year to a July-June period, beginning with July 1, 2008. This will require a short year period of January 1, 2008 through June 30, 2008. The dues assessment of $75 per year will be prorated for this period, and a six-month budget will be prepared at the January 8, 2008 meeting of the Board of Directors. This motion was passed unanimously.

 

Paul also presented issues regarding the voting requirements for changes to the Covenants and Bylaws. As those documents read now, it takes fewer members to approve a change to the Bylaws than a change to the Covenants. There are also many inconsistencies between our Covenants and Bylaws, and in many cases, the Covenants contain procedural requirements (such as adoption of dues assessments) that belong in the Bylaws. Paul also indicated that his research indicated that Board powers should only be given in the Bylaws, but additional Board powers are given in our Covenants.

 

Paul also looked into common quorum requirements for Associations of our type. In the past, we have had difficulty reaching a quorum at the annual member's meeting and at some Board of Directors meetings. Many Associations use a simple majority to constitute a quorum (we currently have a quorum requirement of 60% at a meeting of members, and 4 out of 5 Directors at a Board Meeting). Paul recommended that the Association consider a 50% level for a quorum at members meetings, and a 3 out of 5 quorum for Board Meetings.

 

Based on Paul's presentation, the Board will prepare a survey for inclusion in the dues assessment mailing in January. This survey will poll the members on these issues, and provide the Board with information for a possible vote on these items at the Annual Members Meeting in May 2008. Sharyn will draft a survey for discussion at the next Board Meeting.

 

The next regular meeting of the Board will be Tuesday January 8, 2008, at 7:00 PM, location will be announced prior to the meeting. The meeting adjourned at approximately 8:30 PM.

 

Submitted by: Sharyn Anhalt, Secretary/Treasurer