Monday, December 31, 2012
Story Mill Project Survey and Info
Minutes of Special Membership Meeting Nov 26 2012
Wednesday, November 28, 2012
Board Meeting Minutes Nov 13 2012
There is no further information to provide regarding the potential Triangle Park project.
Special Board Meeting Nov 1 2012
Friday, November 2, 2012
Minutes Special Board Meeting Oct 18 2012
Minutes Special Board Meeting Oct 8 2012
Tuesday, October 9, 2012
Special Board Meeting Oct 5 2012
Board Minutes October 1, 2012
Thursday, September 20, 2012
Special Board Meeting, Sept 12 2012
Minutes from the Special Board Meeting held at Karin Jennings' house, 1075 Boylan Road, on September 12, 2012
The Special Meeting of the Board of Directors was called to order at 5:20 pm.
Attending were Sharyn Anhalt, Erik Steckmest, Dorick Savageau, and Karin Jennings; absent was Tim Russell.
Discussion was held regarding whether to form an Executive Committee of the Board of Directors, as advised by the attorney currently representing the Board in the current potential legal issue.
Following discussion, Erik made the motion to form an Executive Committee of the Board as advised by the attorney currently representing the Board, consisting of Sharyn Anhalt, Dorick Savageau and Karin Jennings, for the purpose of handling the current potential legal issue; having the authority to do all things it deems necessary with respect to handling such issue, including the resolution thereof and, if necessary, litigation. The motion was passed unanimously.
The Executive Committee will report to the full Board as does any of the other committees.
The meeting was adjourned at 5:50 pm.
Sunday, August 26, 2012
Park & Trail Committee meeting notes
BCSCA Park and Trail Committee
Minutes from Project Prioritization Field Tours and Meeting
June 21, 2012
Members of Bridger Creek Subdivision:
The following list of concepts for subdivision improvements was generated at the meeting held on June 21, 2012 (7 attendants). Prior to the meeting two subdivision walking tours were held on June 18 (17 attendants) and 20th (14 attendants). The meeting and tours were open to all Association members. Announcements were provided via email.
Members attending the field tour June 18 were:
Susan Hunter, Erik & Dian Steckmest, Karin & Stuart Jennings, Sharyn Anhalt, George Durkin, Tom & Joyce Carne, Ron & Lynn Wabel, Linda Schell, Dan & Joyce McQueary, Tim Russell, Lesley Bredvik, Adam Racow.
Members attending the field tour June 20 were: Karin Jennings, Adam Racow, Rollie Rounds, Sharyn Anhalt, George Durkin, Tim Russell, Jim & Mary Alice Chandler, Paula Deigert, Barb Ping, Joyce & Tom Carne, Linda & Eric
Members attending the meeting June 21 were: Adam Racow, Karin Jennings, Tim Russell, Jim Chandler, Erik Steckmest, Tom & Joyce Carne.
The Park and Trail Committee welcomes submission of any additional concepts and members interested in joining the committee to help see their ideas through the process. For those who would like to add their name to the list or make suggestion and participate in the committee, please request so by email to the board at bridgercreekboard@gmail.com. Comments should be received prior to September 15, 2012.
IMPROVEMENT CONCEPTS IDENTIFIED:
- Connectivity with and between subdivision phases
- Board/subdivision-sponsored Social event (potluck)
- Trails for pedestrian access among the phases
- Story Mill Road from Phase 1 to Phase 3 trail (segmented)
- Explore options for pedestrian bridge over Bridger Creek
- Explore engineering and costs for construction of trail (depending on feasibility of bridge)
- Explore engineering and costs for construction of trail (depending on feasibility of bridge)
- Discuss with landowner to connect sidewalk gap on Story Mill Road
- Work with City to install pedestrian signs and striping across Story Mill Road at Boylan Road (to Legends Subdivision) (New information since meeting: City has signed and striped the north intersection of Boylan & Story Mill.)
- McIlhattan Road
- Augusta Drive north to Phase 3 trail (approved by membership at Annual Meeting)
- Follow-up on status of preliminary engineering designs, obtain costs, explore construction in phases (i.e., St. Andrews to Phase 3 trail), present to Board
- address pros/cons
- Follow-up on status of preliminary engineering designs, obtain costs, explore construction in phases (i.e., St. Andrews to Phase 3 trail), present to Board
- Augusta Drive south to Story Mill Road/Phase 1
- Clear brush for better pedestrian access within right-of-way behind guard railing
- Clear brush for better pedestrian access within right-of-way behind guard railing
- Board/subdivision-sponsored Social event (potluck)
- Phase 1 Triangle Park
- Explore access easement to park from Par Court (the following concepts depend on whether access easement may be available)
- Re-grade park surface
- Explore possibilities/costs to extend and bury culvert within park boundaries
- Screen park from neighboring commercial properties
- Re-grade park surface
- Subdivision Signage
- Community effort to rebrand our subdivision – new logo
- Install uniform entrance signs for connectivity among the subdivision phases
- Street entrances: Augusta Drive, St. Andrews (x2), Boylan Road (x2), Birdie Drive, and Caddie Court
- Street entrances: Augusta Drive, St. Andrews (x2), Boylan Road (x2), Birdie Drive, and Caddie Court
- Install uniform signs designating parks and usage category (i.e., private/subdivision vs. public/City); designate names for the parks (and trails?)
- Community effort to rebrand our subdivision – new logo
- Maintenance (other than already planned and budgeted on-going maintenance)
- Subdivision-wide boulevard trees (covenant-related and to be dealt with by the board)
- education campaign to remind/request for replacement of missing/dead or initial planting of trees
- pruning responsibilities
- education campaign to remind/request for replacement of missing/dead or initial planting of trees
- Common Open Space (drainage easements) between lots on Augusta Drive
- Need to follow up on ownership transfer from Golf Course Partners
- Need to follow up on ownership transfer from Golf Course Partners
- Phase 2 Park (off Augusta)
- Install bench(es) and/or picnic table(s)
- Install bench(es) and/or picnic table(s)
- Phase 1 Park (west end of Boylan)
- Construct Pavilion (e.g., Creekwood Subdivision)
- Tot lot – need to conduct survey for demographics and need. (New info since last meeting: There is a city park in the Legends Subdivision (east side of Story Mill on Boylan) that had playground equipment installed in July. It is a City park and is open to the public.)
- Construct Pavilion (e.g., Creekwood Subdivision)
- Phase 3 Park (City park)
- Install bench(es) and/or picnic table(s)
- Install limited plantings near benches/picnic tables
- Expand trail to create a loop within this park
- Install bench(es) and/or picnic table(s)
- Phase 2 Trail Easement
Survey easement boundaries and explore construction of trail to access the river
Board Meeting Monday Aug 13 2012
The meeting was called to order at 6:30 at the Masonic Temple (14 S. Tracy Avenue).
Board members: Sharyn Anhalt, Tim Russell, Erik Steckmest, and Karin Jennings were present; Dorick Sauvageau was absent.
Members present: Dave Andreassi (Chair, Design Review Committee), Paul Gianas, June Russell, Bill Beebe, Jarek Bukowski, Joyce & Dan McQueary, and George Durkin.
Approval of Minutes
Sharyn made a motion to approve the Agenda for this meeting; Tim seconded. Agenda was approved without modification. Sharyn made a motion to approve the minutes from the July 19, 2012 Special Board meeting; Erik seconded. Tim requested modification to the first sentence of the first paragraph. Karin made a motion to approve the amended minutes; Sharyn seconded; which unanimously approved. The revised minutes, as approved, will be posted to the web site.
Sharyn noted that there will be no fee for the meeting room tonight since the Masonic Lodge had to cancel our use last Monday on short notice due to floor maintenance.
Design Review Committee
Golf Ball Netting, Phase I, Lot 25
Member, Jarek Burkowski, presented his request to erect netting in his back yard to protect against errant golf balls. Details were discussed, such as materials, height, placement, and removal during months when the golf course is not operating. Dave agreed to review existing netting on other properties for consistency, since the design regulations for the subdivision do not provide direction. Jarek agreed to locate his property pins.
Sharyn made a motion to approve the plan as presented, provided a) it is installed at least 1 foot inside the property line (with identification of property pins), and b) that the height does not exceed 15 feet( pending Dave's review of other existing netting) and that the netting be removed from the posts during the winter months. The motion was seconded by Tim, and passed unanimously.
Landscaping, Phase 2, Lot 17
Sharyn provided a summary of the discussions with the Member regarding landscaping of the property. It was brought to the attention of the Board at the June 4 meeting that the lot was staked and landscaping was in process. On June 5, Sharyn, Karin and Tim met on-site and reviewed the landscaping plans with the owner. The plans included a landscaping structure on one property corner and a privacy screen, neither considered continuous fencing. The plans were approved during the site visit.
Fence, Phase 3, Lot 31
In response to the question raised by Dorick during the June 4 Board meeting, Dave summarized the history of his review of the landscaping and fencing plans submitted during the summer 2011. Dave confirmed that following discussions with the owner, at least one neighbor, and review of other fences present in the subdivision, including the fact that this property is not contiguous with the golf course, that this fence was approved.
Statute of Limitations on Approvals
Sharyn inquired of Dave whether there is a time limit for approved plans? Dave is not aware of any time limit. Sharyn was contacted by the owner of a lot in Phase 3 that had plans approved 3-4 years ago, but then never built at that time. The owner indicated to Sharyn that there were no changes to the plans that were approved, and Sharyn told the owner to proceed. It is now staked for construction. Dave will review the plans and monitor the construction for any modifications.
New Plans
Dave received new plans for approval from the owners of Lot 24 in Phase 3, but they are missing information and not in compliance with the design covenants. Once he receives a complete set of plans, the DR Committee will meet for review. Since there are only two members of this committee, Dave asked for direction on who should be reviewing plans. Until such time as a third member can be appointed, Sharyn requested that Tim assist the committee with review of this project. Tim volunteered to serve as the permanent third member of this committee, and Sharyn suggested that it would be appropriate to appoint a non-member of the board. Tim questioned why Dorick, a board member was on the committee, and Sharyn explained that his position on that committee is per the covenants. Tim agreed to review just this project with the committee.
As a reminder to the Membership, per the covenants, all exterior changes to structures or landscaping must be approved by the Design Review Committee or the Board of Directors
Park and Trail Committee
Maintenance Updates
Karin provided the committee report in Adam's absence. The maintenance work to replace two park boulevard trees on Boylan Road, trim shrubs/planting beds in park on Augusta Drive, and to lightly regrade the trail in the Phase 3 park have been completed. In response to a request from the committee, the City has signed and striped a cross-walk at the north intersection of Boylan and Story Mill Road that ties to the trail in Legends Subdivision to the east of Story Mill Road. The City declined striping the south intersection of Boylan and Story Mill Road.
The sprinkler controller for the Phase 2 park has not been operating consistently, likely due to a power failure. Adam is working to reset and readjust the controller.
The City Parks Department has not yet sprayed the Phase 3 park, but plans to do so in early fall, which is a good time for thistle and leafy spurge since they translocate energy (and therefore herbicide) to their roots.
Minutes from Field Trips and Prioritization Meetings
Adam requested that the minutes from the Field Trips and Prioritization Meetings held in June be mailed to the Membership with their annual dues notices, along with a request for additional input and/or comments, with a deadline. Board discussion ensued regarding this request. Tim requested the priority designations be removed so members who didn't participate wouldn't be confused that they are Board priorities. Additionally, Tim requested that the names of members attending the field trips and meeting be included in the minutes. Mention was made of the letter the Board received from Joan Michlin regarding her suggestions for Phase 1 park improvements, including the Triangle Park. Many homeowners in Phase 1 reported receiving Joan's letter to the Board by mail. Sharyn made a motion to simply include a general request for input with the Annual Assessments, and to revise the minutes to add participants, remove the prioritization, and simply post the minutes to the web site. Karin seconded; motion was passed unanimously.
Clarification from City
Sharyn provided the Board with copies of a letter received from the City July 26, 2012 in response to questions from the Park and Trail Committee that were raised in January regarding ownership of parklands and trails, easements, and responsibility for maintenance of the Phase 3 park. No action was taken at this time, and it will be reviewed at the October Board meeting.
Finance/Treasurer Report
Sharyn, as bookkeeper, provided copies of 1) the Balance Sheet (as of June 30, 2012), 2) Budget to Actual for the current fiscal year (July 2012-June 2013), and Budget to Actual for the past fiscal year (July 2011-June 2012), and provided a summary overview for the Board. Discussion ensued. Tim inquired about the process currently being undertaken with mail and check writing. Sharyn informed him there is a separation between her serving as bookkeeper and Board member, as Erik (Treasurer) picks up the mail, and is therefore aware of incoming bills, and Erik and Karin have signing authority. A second board member always reviews bills for accuracy and authorizes their payment by signing the check.
Board Meeting Schedule
Karin inquired of the possibility to change the Board meeting schedule to every month instead of every other month. Discussion ensued regarding the ability to hold a special board meeting as needed, providing more flexibility. We may not be able to cancel a meeting if scheduled. Karin retracted the issue. Meetings remain as originally scheduled during the June Board meeting (first Monday of October, November, January, March and April).
Proposal to Post Subdivision Documents to the Web Site, with Link for Download Access
Sharyn informed the Board that she was able to get electronic versions of the Bridger Creek Subdivision Covenants and Restrictions, Bylaws, Design Regulations, as Amended December 10, 1996, April 10, 1997 and May 5, 2008, as well as the final plat maps, electronically from the County Clerk and Recorder's Office. These are the same documents that the Title Companies are supposed to supply to every owner during property transfer. Sharyn requested approval from the Board to post these documents electronically, as a link from the web site, so people could have easy access. Sharyn informed that we no longer have any hard copy versions of the Covenants/Bylaws books available for purchase by members. The Board approved posting a link to the documents on the web site.
Finance/Treasurer Report - Revisted
Tim requested that the Board return to the Finance/Treasurer report item in the agenda. He stated that he would like the full Balance Sheet, as well as Budget to Actual information mailed with the Annual Assessment notices. Sharyn and Erik countered with concerns about increased costs for mailing with additional pages, as well as time for stuffing the envelopes. Instead Sharyn suggested adding a note to the additional page regarding parks and trails that will already be included with the mailing. BCSCA financial statements are always available upon request to the members. Tim made a motion to send the full reports with the Annual Assessments. There was no second and the motion died on the floor.
Insurance
Sharyn reported that the annual premiums are due in September for both the General Liability and Directors and Officers insurance. The General Liability policy cost has increased, and she requested our agent, First West, to review the policy and obtain new quotes. They were not able to find any lower rates with the same coverage.
New Business
No new business was raised.
Executive Session
Sharyn informed the members present that the Board needed to go into Executive Session in order to discuss a demand letter received from an attorney representing Bill Beebe. Because of the board's fiduciary requirement for confidentiality, the members present were asked to leave. Bill Beebe objected to being asked to leave the meeting and cited Montana state law and the provision in our Bylaws that provides for Board Meetings to be open to the membership. Sharyn explained that the Board did hold an open meeting, but under the law has a fiduciary requirement to maintain confidentiality regarding this subject.
The open meeting adjourned at approximately 8:00 pm, and the Executive Session was called to order. The agenda for the Executive Session was discussion of legal concerns regarding Mr. Beebe's demand letter and fiduciary responsibility of Directors.
The Executive Session was adjourned at 9:20 pm.
The next regularly scheduled Board meeting is Monday, October 1 at 6:30 pm at the Masonic Temple (14 S. Tracy Avenue).
Thursday, July 26, 2012
Minutes of Special Board Meeting 7-19-12
The meeting was called to order at 6:00 pm at the Bozeman Public Library large meeting room.
Board Members present: Sharyn Anhalt, Tim Russell, Erik Steckmest, Karin Jennings, and Dorick Sauvageau.
Members present: George Durkin, Bill Beebe and Kay Beebe.
Establishing Policy and Procedure for Requests for Records under the Bylaws
A request for inspection and copying of all BCSCA financial records was received by Sharyn, as President and Bookkeeper, from Tim and June Russell on July 9 via Registered Mail. The BCSCA Bylaws, Article IX on page 29 states: "The books, records, and papers of the Association shall, at all times during reasonable business hours, be subject to inspection by any member". The Russell's request demanded that the BCSCA bookkeeper provide inspection and copies within 5 business days under Montana state law. Sharyn, as BCSCA bookkeeper did not feel she had the authority to release the records without direction from the Board.
Sharyn, as President, presented a draft policy for Board review based on our Bylaws, state law and similar record request policies from other homeowner's associations. She presented an overview of the draft policy. The Board was allowed time to review the draft. Discussion ensued. Tim inquired about his specific request for records and how the policy would apply and whether he would need to re-request records. Discussion was redirected back to the current agenda item. Dorick made a motion to accept the policy as drafted; Karin seconded. There was no discussion of the motion. The motion was passed with four votes in favor and Tim opposed. The policy, entitled "Board Policy Regarding Inspection of Records as Provided in Bylaws Article IX" has been adopted. The Board directed the bookkeeper to post the policy to the web site.
Tim was unclear on how adoption of this policy relates to the Association's Covenants and Bylaws. Sharyn explained that the Covenants allow for the Board to establish rules and procedures, and that this policy was now the guideline for the Board and Members to operate with regard to any request to inspect records. The policy stays in effect until this Board, or a future Board, amends or repeals the policy.
Consideration of Whether or Not to Account for Expenses by Phase
This agenda item also relates to Tim and June's request for records to determine expenditures for each individual phase of our subdivision. Sharyn opened the discussion by reminding the Board that the common areas managed by our Association are for the benefit of all members. The labels used to identify park and trail areas (phase 1, 2 etc) are just labels, not indications of benefit or ownership. Bill Beebe suggested that the association could implement proportional billing, even of liability/insurance costs. Sharyn replied that we are legally one subdivision according to the City and our Covenants and cannot legally allocate or bill for HOA dues separately by phase. Dorick asked Tim about his goal in reviewing the records and what his underlying purpose is in wanting to separate expenses per phase. Tim replied that his concerns surround the high level of monies that have been reserved for future improvements and the amount of maintenance costs that are being spent per phase. Karin reminded Tim that decisions have been made historically by previous Boards about improvements of the various parks and trails that now require the Association to provide certain levels of maintenance in different areas. Additionally, as Tim is aware due to his high level of participation, discussions on additional improvements throughout the subdivision are in process through the Park and Trail Committee.
Sharyn, as bookkeeper, informed the Board that the mowing of the Phase 2 park is the least expensive per mowing of all park areas since it is a smooth surface compared with the parks in Phase 1 or 3. Sharyn also pointed out that the Association is not in possession of all early financial records; the previous bookkeeper did not transfer all the historical records, although multiple requests have been made, so we do not have detailed historical bills available. The Association does have a complete record, though, in the computerized general ledger. This record does not provide the detail needed to allocate expenses by phase. Also, bills are generally not broken down by phase, so that information is unlikely to be available even through thorough inspection of all records.
Tim again complained that currently there is simply too much money set aside for parks and trails. Karin retorted with a reminder that projects are expensive and will often cost more than the roughly $5,000 set aside through the budget, approved by the membership at the Annual Meeting each year; and that no improvement projects of note have been accomplished for years due to one Boards' complete depletion of all association funds (taking years to rebuild); and more recent Boards' inability to approve and implement any projects. Bill Beebe commented that there are ways to break down all costs (insurance, maintenance, bookkeeping, etc.) by phase, and restated his desire to see proportionate billing.
Sharyn made a motion that there would be "no retroactive accounting by Phase, but that moving forward expenditures could be provided by Phase to the Board for decision making purposes, and that financial statements would remain reflective of the subdivision as a whole"; Dorick seconded the motion. Discussion was opened.
Bill Beebe stated the Board was making a big mistake. Karin inquired what purpose such an exercise provides to the Board since the primary (if not only) expenses/expenditures that can be separated by phase are related to parks and trails. These park and trail expenses can easily be reviewed by the Board without going through the exercise of separating these costs by phase. Tim questioned why the Board did not review and approve all maintenance contracts. Sharyn commented that previous Boards have tasked the Park and Trail Committee Chair with contracting for the annual maintenance, including obtaining bids for services on an annual or semi-annual basis, and have not required micromanagement. The contracts are within or below the amount approved in the budget. As a volunteer Board with volunteer committees, it's important to maintain efficiency. Each year, this information is available to the Board.
Following discussion Sharyn amended her motion to remove the statement "but that moving forward expenditures could be provided by phase to the Board for decision making purposes". The amended motion stated that there would be "no retroactive accounting by Phase and that financial statements would remain reflective of the subdivision as a whole"; the amended motion was seconded by Dorick. There was no further discussion on the amended motion. The amended motion was passed with four votes in favor and Tim opposed.
New Business
To follow up with Tim regarding his request for records, the Board confirmed that his current request does not comply with the enacted Policy, and that he and June would need to resubmit a request per the Policy. Specifically, his original request did not identify the records they wished to inspect and copy, since it stated merely "all records". They must also provide a purpose for seeking the records and show why the records are connected to that purpose.
Tim also questioned the Board on why he could not personally make copies of the records, since he did not want to pay the Association for the cost of copying. Sharyn replied that the originals could not be released to anyone for photocopying.
In order to keep all Board members informed of current and historical information, the Board agreed that the following information be emailed to each Board member. Karin will provide (by email) a copy of the presentation that Stuart Jennings, previous Chair of the Park and Trail Committee, prepared and presented at the 2011 (and 2010) annual meeting. This presentation provides historic improvement expenditures by year and by location. Additionally, Sharyn will provide (by email) a copy of the general ledger (going back 2 years) which lists all association expenditures. Sharyn will also provide (by email) a copy of the contract with Grass Chopper for maintenance for the current year.
Meeting was adjourned at 7:15 pm.
The next regularly scheduled Board meeting is Monday, August 6 at 6:30 pm at the Masonic Temple (14 S. Tracy Avenue).