Sunday, December 29, 2013


Bridger Creek Subdivision Community Association
Special Meeting of the Board of Directors
Thursday, December 5, 2013


The meeting was called to order at 7:30 am.
Board Members present were Sharyn Anhalt, Dian Bottcher, Dorick Sauvageau and Karin Jennings; absent was Bill Ranard.

Executive Committee
The District Court issued a Ruling (Order Regarding Cross-Motions for Summary Judgment) on November 25, 2013 in the legal proceedings with member Bill Beebe. The Ruling will be posted to the web site, as with other court documents. The Ruling will not be final until the Board’s counterclaim for attorney fees has been settled. The Board is reviewing the Ruling and considering options, including appeal. 

Court Order
 
Records Request from the Russells
Following provision of the check register as agreed at the November 4, 2013 Board meeting, additional information was requested by Tim and June Russell.  Karin and Dian offered to meet to discuss their request but the offer was refused, as was the original offer to meet with Dian.  The Board discussed the December 2, 2013 email request and agreed that Dian (Treasurer) would mail the items requested to the Russells. 

There being no further business, the meeting was adjourned at 8:30 am.

Tuesday, November 12, 2013

Board Meeting Minutes, Nov 4th 2013

Bridger Creek Subdivision Community Association
Board of Directors’ Meeting
Wednesday, November 4, 2013 

The meeting was called to order at 6:30 at the Masonic Temple (14 S. Tracy Avenue). 
Board members:  Sharyn Anhalt, Bill Ranard, Dian Bottcher, Dorick Savageau and Karin Jennings were present.
Members present: Adam Racow (Chair, Park & Trail Committee Committee), Dave Andreassi (Chair, Design Review Committee), and Tim Russell. 

Approval of Agenda – Karin noted an error in the Agenda sent, and the request to add Tim Russell’s continued request for records.  Karin made a motion to approve the revised Agenda, seconded by Dorick, which passed unanimously. 

Approval of Minutes – Sharyn made a motion to approve the minutes from the Special Board Meeting of October 2, seconded by Bill, and approved unanimously.   

Continued Records Request from Tim Russell
The Board discussed with Tim his requests for financial records from 2006 & 2007. After receiving certified letters requesting these financial records, the Board had replied to Tim in writing requesting further information. After not receiving a clear response from Tim, Dian (Board Treasurer) attempted to set up a meeting with Tim to clarify his request; Tim declined to meet with Dian. Tim has stated he believes there is money missing from the Association. Sharyn noted that Tim was provided with financial records and a general ledger when he previously requested records in July 2012, and had possession of the historical records from 2008 and earlier when he served on the Board. Following discussion, Bill made a motion to provide Tim with the check register (detail of deposits and disbursements) covering the period January 2006 through present.  Dorick seconded and the motion was approved unanimously. Sharyn (as bookkeeper) will send that document by email. 

Design Review Committee
Building plans have been submitted to the committee for Phase 1, lot 11 (1025 Boylan Road).  The plans do not include a landscaping plan. The committee recommends approval subject to receipt of the missing plan. Sharyn, on behalf of the Board,  will contact the owner to collect the design review fee ($50) and inform the owner that a preliminary landscape plan must be received prior to construction.   

Park and Trail Committee
Adam confirmed that the drainage easements/catchments in Phase 2 (Augusta Drive) do need cleanout.  He will proceed to implement the drainage and trail maintenance as approved by the Board at the September 9 meeting.
Sharyn provided an update that Grass Chopper winterized the sprinklers in the Phase 2 Park and also completed spot spray with round-up for weed control within the Phase 3 trail.  

Executive Committee
There has been no news or activity on the legal proceedings with member Bill Beebe. The decision is still pending with the District Court.                             

Finance/Treasurer Report
The Board reviewed the Profit & Loss Budget to Actual statement for July 2013 through today. Sharyn reported that as Bookkeeper she sent reminders for payment of assessments/member dues in early October.  To date there is only approximately $700 remaining in outstanding receivables; and only one owner with overdue assessments >1 year.  

Communications with New Owners of 12 Acre Parcel adjacent to Phase 1 Park
Dian met with the new owner and representatives from the architecture firm he is working with and provided a summary of their meeting and the 3 proposals discussed. Following discussion by the Board, Sharyn made a motion to provide the owner (Tom Murphy) with a written response that the Board is not interested in discussing an easement to his property across the park/trail at this time; seconded by Dorick; approved unanimously.

Acceptance of Certified Letters
            The Board agreed not to discuss this item. 

Update on City Landfill Issues (VOCs)
There is a Public Meeting scheduled for Wednesday, November 6, 2013 at the Holiday Inn at 6:30 pm.  The membership was notified by email (those that have provided email addresses) on October 30th.  Additionally, the City sent letters to owners in Phase 2 and 3.  Sharyn (as Bookkeeper) is working with the City to make sure they have current addresses.  The Board will continue to monitor and communicate information on this issue. 

New Business
            The Board discussed the memo received from attorney, Eric Nord, addressing the questions posed by the Board as discussed at the October 2 Special Board of Directors’ Meeting. It is available to members upon request.
            Dorick informed the Board that two residents of near the corner of Birdie and Boylan in Phase 1 approached him with concerns about the need for a stop sign at this intersection.  Sharyn volunteered to contact the City to request a stop sign at Birdie and Boylan.   

The meeting was adjourned at 8:00 pm. 

The next Board Meeting will be held January 6, 2013 at the Masonic Temple (14 S. Tracy Avenue) at 6:30 pm.

Tuesday, October 29, 2013

Special Board Meeting, Oct 2 2013


Bridger Creek Subdivision Community Association
Special Board of Directors’ Meeting
Wednesday, October 2, 2013 

The meeting was called to order at 8:00 at the Jennings’ residence. 
Board members:  Sharyn Anhalt, Dian Bottcher, Dorick Savageau and Karin Jennings were present; Bill Ranard was absent.
Members present: Adam Racow (Chair, Park & Trail Committee Committee). 

Approval of Minutes – Sharyn made a motion to approve the minutes from the Board Meetings of September 9, with modification to remove first name of owner in Phase 3, seconded by Dorick, and approved unanimously.   

Park and Trail Committee
Adam reported that the thistles in one of the Phase 2 drainages (discussed at the last meeting) have been cut.
Dian reported that she spoke with the homeowners adjacent to the mailboxes at the entrance to Phase 2 (Augusta Drive) about mowing around the mailboxes and they were happy to to help out.  (Thank you, Bob and Wanda!) 

Legal Advice for the Association
            Dian proposed two questions with the request that they be addressed with a legal opinion. Following discussion Sharyn made a motion to consult with Eric Nord for legal advice regarding the association’s disclosure obligations regarding the VOC/landfill issues, which was seconded by Dorick and approved unanimously.                           

Update on Landfill VOCs
There have been no new communications from the City since the public meeting held August 27 which was summarized in an email to the membership on August 28 and recaptured in the September 9 BOD meeting minutes. The date for the upcoming public meeting is still pending. 

Records Request from Tim Russell
            The Board discussed the follow-up request received from Tim Russell and will prepare and send a response. 

The meeting was adjourned at 9:00 pm. 

The next Board Meeting will be held November 4, 2013 at the Masonic Temple (14 S. Tracy Avenue) at 6:30 pm.

Tuesday, September 17, 2013

Board Meeting Sept 9, 2013 - Minutes


Bridger Creek Subdivision Community Association
Board of Directors’ Meeting
Monday, September 9, 2013 

The meeting was called to order at 6:30 at the Masonic Temple (14 S. Tracy Avenue).
Board members:  Sharyn Anhalt, Bill Ranard, Dian Bottcher, Dorick Savageau and Karin Jennings were present.
Members present: Adam Racow (Chair, Park & Trail Committee Committee), David Andreassi (Chair, Design Review Committee), Les Fisher, Erik Stechmest, Linda Schell.
Non-members present: Tom Murphy and Susie Hutchinson (both of Bridger Center LLC).
Approval of Agenda – Agenda was modified to add Records Request from Tim Russell ahead of New Business.  Dian moved to approve the agenda with modification, seconded by Dorick, and approved unanimously.
Approval of Minutes – Bill made a motion to approve the minutes from the Board Meetings of June 3 and June 21, 2013, seconded by Dorick, and approved unanimously without modification. 

Design Review Committee
Dave provided a written report on committee activities since the last meeting:
·         Nothing new with Benson residence.  (In June, reviewed and gave preliminary approval for house plans for a single family home to be built on phase 3, lot 2.) No final approval or fees collected at this time.  Project is on hold. (edited to correct - fees have been collected)
·         Approved small privacy fence around hot tub at Dan and Carolyn Hopper, 3120 Augusta Drive.  No fee collected.
·         Approved exterior color change to house at 1057 Boylan Road (James Martin). Pain shutters, garage door, trim, siding facing golf course in back yard.  House is mostly brick. No fee collected.
·         Reviewed and approved house plans for a single family home to be built on phase one lot 59, 2425 Birdie Drive (corner of Birdie and Boylan) (George McDowell). Plan on starting in October. Check for $50 paid.
Additional items discussed: Dorick approved the patio extension and window awning for Jim and Dian Bottcher in phase 2; Sharyn approved (per email agreement by the Board) installation of an air conditioning unit for Pat Templin, as it met the requirements for utilities to be screened.

Park and Trail Committee
Adam reported that Sharyn passed on a complaint about thistles in the drainage swale at the north end of Augusta and that he recommended Grass Chopper address during next mowing, which hasn’t yet been done. Bill offered to investigate tomorrow morning and report back to Adam whether it can be mowed as he’ll be mowing the golf course near there. It used to be mowed by the adjacent condo association. Discussion ensued about all of the phase 2 drainage collection points needing review and probably cleaned to ensure proper drainage.
The trail segment adjacent to McIlhattan Road has been impacted by several large rain events shortly after it was constructed.  It likely needs a culvert or two installed as well as adjacent ditch work.
Adam proposed to set a meeting with park and trail members to review both projects and bring a proposal to the Board. Sharyn moved to approve up to $1k to be spent to fix the trail as described and clean out the drainage grates, if/as needed. It was seconded by Bill and approved unanimously.
With regard to the 12 acre parcel adjacent to the association park at the west end of Boylan, Sharyn reported that park and trail committee members met on site with members of the City, GVLT and TPL on July 22, 2013 to discuss possibilities to protect the property as additional parkland, as requested by the Board during the June 21 meeting.  In the meantime, the property was recently purchased.  Sharyn reported that she had received a call from Susie Hutchinson, introducing herself and inquiring about possible access easement across the trail and parkland. Sharyn had provided the same information to Susie as for other inquiries received, that the Board has denied previous requests and could not grant such an easement without member approval. Tom Murphy and Susie Hutchinson were present at this meeting to simply learn more about the association. Tom was invited to speak and stated that they are in the very early stages of determining what they plan to do with the property. They are working with ThinkTank Architects and plan to have the property annexed into the City as in-fill. They are open to input from the association and association members. Sharyn recommended to Tom and Susie, depending on the timing for their project, that they could present to the membership at the annual membership meeting which will be held May 5th.  The Board would need to know before the end of March whether they wish to be included in the agenda for the membership meeting.
Tom and Susie left the meeting.

Executive Committee Report
            Sharyn informed the Board that there is nothing new to report on the legal proceedings with member Bill Beebe.  The most recent activities have been posted to the web site.  The decision is still pending with Judge John Brown and there is no deadline that the committee is aware of.

Finance/Treasurer Report
Dian and Sharyn have reviewed financials and Dian asked Sharyn to provide the report to the Board as the bookkeeper.  Sharyn provided copies of the Balance Sheet (as of June 30, 2013) and Budget to Actual for the prior fiscal year (July 2012 through June 2013).  She outlined that we were over budget on bookkeeping as well as supplies, postage & mailing due to the extra membership meeting that was held in Fall 2012. We were also over budget on mowing and weed control due to additional weed spraying and mowing that occurred last fall and this spring (past fiscal year) in the Phase 3 park; also due to the planter maintenance that was completed in the Phase 2 park last fall. We were under budget on snow removal. Subdivision improvements totaled $1035 over the current year’s budget, so that amount should be deducted from the Subdivision Improvement Reserve account.
Per previous Board discussions, an adjustment to correct the presentation of the Phase 2 well and Phase 1 bench from Membership Equity was recorded as June 30, 2013.  Previously both were shown as assets.This adjustment corrects the presentation of membership equity.
Sharyn also provided copies of the Balance Sheet (as of September 8, 2013) and Budget to Actual for the current fiscal year (July 2013 through June 2014) as of September 8, 2013. The current financial statements were reviewed and there were no questions from the Board.
Bill asked a clarifying question. Following discussion Bill made a motion that excess funds spent on subdivision improvements over current budgeted amounts shall be deducted from the balance in the Subdivision Improvement Reserve as of June 30, 2013.  The motion was seconded by Dorick and approved unanimously.
Sharyn reported that she received a request from a member for the final financial statements for the 2012-2013 fiscal year.  Now that they have been reviewed and discussed by the Board she will make them available to the member.  Any member may request current financial statements (once they are reviewed by the Board) by sending an email request to the BCSCA email address. The Board discussed again whether to post the financial statements on the web site.  No motion was made.

Update on City Landfill Issues (VOCs and waste consolidation station)
The Board recognized the excellent job that Sharyn is doing to communicate with the membership. The City held a public meeting at the Holiday Inn on August 27. Sharyn summarized the discussion during that meeting and sent it to the membership August 28, which is presented below for the records. 

From: Bridger Creek Subdivision Community Association <bridgercreekboard@gmail.com>
Date: Wed, Aug 28, 2013 at 9:42 AM
Subject: Report from the VOC meeting with the City
To: Bridger Creek Subdivision Community Association <bridgercreekboard@gmail.com>

Wanted to provide everyone with a report from our neighborhood meeting with the City last night. Thanks to all that attended; it is important that the entire Bridger Creek Subdivision be involved in this process, as it does have an impact on everyone in our neighborhood. There is a stigma now associated with the name "Bridger Creek", and this could affect property values in our entire area - even for homes in phase 1, far away from the problem.
Info presented -
25 of the 26 homes in Phase 3 have been tested for VOC levels in indoor and outdoor air. 4 of those homes have levels high enough that the City is designing mitigation systems to be installed as soon as possible. Other homes in Phase 3 will have sub-slab sampling done to help determine the best course of mitigation. The levels detected were not consistent from home to home; there were 11 total compounds detected, but no home had all 11.
The City is assuming that the gases are coming from the landfill, and will be covering all costs of testing and mitigation even though they have not determined the exact source of all the compounds. Many of these compounds can occur in homes from attached garages, paint and solvents, dry cleaned clothing or draperies, off gases from carpets and wood products, etc.
At the same time, the City is working with their consultants to determine the best course of correcting the problem at the presumed source - the landfill. Individual home mitigation provides the fastest results for each homeowner, mitigation at the landfill site is to help with the long term solution. More information will be coming. Their ultimate objective is to control VOC at the source.
         Testing has started in Phase 2, to determine if the gases have spread that far. Four homes along McIlhattan Rd have been selected for sub-slab sampling. If these results show high levels of any compounds, the City will proceed with testing all of Phase 2. If the levels detected are low, the City will continue to monitor those sample sites, as levels can change during winter months. In addition, 3 groundwater monitoring wells will be installed in phase 2 (there are already groundwater monitoring wells in phase 3). If at anytime high levels are detected at any of these sampling sites, the City will proceed with full testing in Phase 2.
        Two big concerns expressed by those attending - health risks and property values. There are obviously some long term health risks with exposure to these compounds, and some sensitive individuals can have immediate effects. That is why the City is taking the most conservative approach and arranging for mitigation in the Phase 3 homes as soon as possible.
        Regarding property values - this is difficult. The reality is that these compounds may be present in homes across our entire City from the other sources mentioned above. People don't realize this, though, and it would help to have some type of public education. After the meeting, I spoke with the City Engineer, Rick Hixson, and he agreed that the suggestion from the audience that the City test for averages in homes across Bozeman was a good one, and he is going to follow up in doing that. I will continue to communicate with him about this.
        It appears that the City has been thorough in contacting homeowners in Phase 3 and working directly with them. However, I'm not sure if they have followed up completely with owners of vacant lots. If you own a vacant lot in Phase 3 and have not been contacted, please let us know.
        The Association has been working with the Public Works Director and City Engineer to ensure that they have a complete and accurate mailing list for all our members. Tax rolls are slow to be updated, so we are providing them with our mailing list. We will also continue to use this email list to distribute information as it's provided - but not everyone is on this list. Please share this with your neighbors; if they are not getting these emails, tell them to send their email address to bridgercreekboard@gmail.com.
        The Association is here to help and support individual homeowners in whatever way we can. Please let us know if anything is needed.
Shanyn Anhalt
BCSCA Board of Directors, President 

Since this meeting Sharyn added that several test probes have been recently installed by the City in Phase 2.  The results from the testing will be communicated directly to each homeowner. To her knowledge, no one has received results yet from these tests.
Erik Steckmest and Les Fisher inquired about support from the Board for these issues. There was consensus among the Board that it continue to act in a communication role and that members are welcome to bring specific issues to the Board. Les specifically asked about free-standing outbuildings to reduce VOCs in homes related to storage of homeowner-related VOC-producing materials in attached garages. Could these be allowed although the covenants specify against them? The Board would consider individual requests for free-standing outbuildings on a case by case basis, as with any request for a variance.

Update on Subdivision Boulevard Tree Status
            Dian recently completed an inventory of the status of boulevard trees within our neighborhood, and also investigated whether the City/County could assist with enforcement of boulevard trees. Planting boulevard trees is required by our covenants and also of the City.  At the time she spoke with representatives the answer was that there was no assistance available.  However, since her discussions the City has created a new position of a code enforcement officer through the police department.  It was agreed to put any activity on hold until next spring, when Dian will update the inventory, contact the City’s code enforcement officer, and plans to present information at the annual membership meeting. 

Records Request from Tim Russell
            The Board received a certified letter requesting financial records, as per the terms of the Records Request Policy. The request was discussed, and the Board agreed that the requirement for a specific purpose was not clear. Dorick made a motion to request additional information from Tim in order to provide the appropriate financial records.  The motion was seconded by Karin and approved unanimously.  The letter will be drafted for Board approval prior to sending.

New Business
Bill reported on his discussions with Dane Gamble/Great Northern Golf.  The Phase 1 park boulevards are watered manually by GNG employees.  There is no timer as they need to monitor their water needs across the golf course.  He also discussed the lack of mowing by GNG near the mailboxes on Augusta Drive. GNG changed their mowing process there in order to protect the newly planted boulevard trees. That area can no longer be mowed with the ride-mowers. Dian offered to ask the adjacent neighbors if they wouldn’t mind extending their mowing activities to include the small area around the mailboxes.
Adam raised the issue that the Phase 2 park is being watered in the afternoon/evening which is not appropriate. He will obtain the controller box key from the adjacent neighbor.  It was agreed that Sharyn, as bookkeeper and who also lives nearby, would become the keeper of the key.
Dorick reported that boulevard trees have been replaced on Golf Course Properties leased by Great Northern Golf on both Boylan and Augusta (near entrances) through a cost-share between GCP and GNG.   

There being no additional new business, the meeting was adjourned at 9:10 pm. 

The next Board Meeting will be held November 4, 2013 at the Masonic Temple (14 S. Tracy Avenue) at 6:30 pm.

Tuesday, July 9, 2013

Park & Trail Committee Meeting June 27 2013


BCSCA Park and Trial Committee Meeting
June 27, 2013
Present:  Adam Racow (Chair), Sharyn Anhalt, Stuart Jennings, Karin Jennings, Steve Enoch, George Durkin.  Absent:  Lessa Racow and Rollie Rounds. 

McIlhattan Trail Segment
Update: segment was completed and drainage swales crossing the trail were redone with rock lining to prevent erosion from heavy rains. Committee agreed to organize a volunteer work party to reseed trail edges in the fall, and to place rocks/sod at the downhill edge of the trail to retain the trail fines/gravel. 

Maintenance Updates
Stuart reported that he recently applied round-up to weeds within the new McIlhattan trail segment and also to about half of the Phase 3 trail before emptying the backpack sprayer tank.  He also spot-sprayed the Phase 1 trail last week.

Sharyn reported that she confirmed with Grass Chopper that they will be applying round-up to all trail surfaces as well as applying broad-leaf weed killer to all park areas. This work is in their original bid.  In the Phase 3 park they will be mowing to the park boundary markers to the south, adjacent to the homeowner properties.  Also, the will be working to repair the sprinklers in the Phase 2 park.

12 Acre Property adjacent to Phase 1 Park off Boylan Road
Sharyn and Karin updated the committee on the June 21 Board meeting discussion regarding the ~12 acre property adjacent to the Phase 1 Park near Boylan Road and City property which the East Gallatin River flows through (trail in the woods to the East Gallatin Recreation Park).  The Board tasked the committee to look into options/avenues for partnerships to protect it from future development. The committee discussed several local groups that they might initiate discussions with, including:
·         Trust for Public Land (TPL; involved in redevelopment of the trailer park property south of Bridger Drive and east of Story Mill and protection of the wetlands and Bozeman Creek adjacent to the property);
·         City of Bozeman (new Open Space Bond funds/application process);
·         National Park Service (working on the Bozeman Creek Corridor Enhancement Project); and
·         Gallatin Valley Land Trust (GVLT; possible access to grant funding, conservation easement). 

New Projects
Hidden/Triangle Park in Phase 1 – committee discussed that a willing donor for an access easement to the park from Par Court still needs to be identified if improvements to this park are to be recommended to the Board.  The committee agreed to direct a letter to the one or two key landowners identified to explore interest.
 
The Committee also discussed other potential trail projects, including connecting the trail in the Phase 3 park to McIlhattan Road within the road right-of-way along the west side of Story Mill Road.  Ways to cross Bridger Creek and the safety issues with the existing (County) bridge were also discussed generally.

Special Board Meeting Minutes June 21 2013


Bridger Creek Subdivision Community Association
Special Meeting of the Board of Directors
Friday, June 21, 2013 

The meeting was called to order at 7:00 am at Sharyn Anhalt’s home.
Board Members present were Sharyn Anhalt, Bill Ranard, Dian Bottcher, Karin Jennings, and Dorick Sauvageau. Guest, Dennis Balian  

Request for Fence – Kelleher Property, Phase 3, lot 22
The board reviewed the perimeter fence plan and request, previously submitted to the Design Review committee. Discussion ensued resulting in modification of the plan to pull the fence south toward the house and away from the parkland and trail, in order to avoid fence lines bordering parks and trails. The modified layout was approved unanimously by the Board, pending discussion with the homeowners.
[Post meeting update: Sharyn discussed the modified layout, as approved by the Board, with Dave Andreassi, Chair of the Design Review Committee.  Sharyn offered to discuss the modification with the owners, as Dave was not available to do so.  Sharyn reported that it was agreed that the fencing at the front of the property needed to stay as originally proposed in order to accommodate the entrance to their deck. At the back of the house (along the parkland and trail) the fence will extend further east than the Board discussed in order to include the back door entrance to the garage; and will meet the north property line in just one spot rather than all along the property line.] 

Access Easement Across Trail in Phase 1 Park - Requested by Dennis Balian
            Dennis Balian arrived at about 7:10 and presented his request for an access easement from Boylan Road, north of the Village Green Condominiums, to cross the trail and parkland in phase 1 in order to provide access to the 12 acre parcel outside of the subdivision and adjacent to the parkland.  He described the easement as approximately 40 feet wide and 60 feet long, to cross the trail at the narrowest point of the park, where the trail currently enters the park and crosses the storm drainage ditch across a culvert.  The 12 acre parcel is currently for sale and he is simply exploring options with the Association in order to better inform his decision whether to buy the property. The only access to the parcel currently is from the industrial area behind Panda gas station and Ziggs (Industrial Drive). The parcel is in the county and is currently zoned AS (agricultural suburban). The immediately adjacent areas of the Bridger Creek Subdivision are zoned R3.  The industrial area to the south is zoned M1. The west boundary of the parcel is owned by the City and is designated parkland.
            Dennis discussed that options for developing the property are limited due to the access issues as well as wetlands/high water table. One could build a single family home with only the one access from the industrial area, but two access points would be required if multiple units were to be possible. He was provided a letter from the parcel seller indicating approval for access across the trail from a prior Board in 2005, but indicated he recognizes that such approval is not necessarily still applicable or granted.  He is willing to discuss exchange of “easement for easement” such as additional trail access easements on the parcel for the grant of the access easement requested. Dennis left the meeting about 7:30 to allow the Board to further discuss his request.
            Following discussion a motion was made to deny the access easement requested, which was seconded.  Following additional discussion the motion was amended to the following: the Board denies the requested access easement across the Phase 1 trail and parkland because of 1) concern that multifamily development is not appropriate next to the existing homes as well as the existing parkland; 2) disruption to the existing trail system; 3) concern for potential traffic increase along Birdie Drive and Boylan Road; 4) concern about impact to adjacent (spring-fed) wetlands and wildlife habitat; 5) the Board would need to study the covenants and determine if member approval is needed before granting an access easement across homeowner-owned parkland; and 6) it is the desire of the Board that the “wetland” under study by Balian will eventually become park, and that providing a road access easement would be in conflict with that aspiration. The amended motion was approved unanimously.
            A second motion was made to direct the Park and Trail Committee to pursue options to work with the landowner/seller to protect that 12 acre parcel from development through the City’s open space bond fund initiative or other partnerships with the Association; which was approved unanimously.
            It was agreed that Sharyn would communicate the decision with Dennis Balian, as he is under a deadline with the seller, and would draft a letter for review by the Board prior to following up with Dennis in writing.  

Vacation Rentals in the Subdivision
            The presence of vacation rentals was recently brought to the attention of the Board by a concerned neighbor. Vacation rental, or renting one’s home for short term use, is not addressed in the Association’s Covenants.  It is, however, a permitting and compliance issue for the City, which has recently stepped up its enforcement efforts in this regard. The Board has a responsibility to work with the City to make sure properties are in compliance with the City’s ordinances/regulations, similar to weed control and snow removal, for example.  A motion was made that since the Board does not have authority to support or deny vacation rentals in the subdivision per the Covenants, the Board will work with the City to ensure that any vacation rentals it has or becomes aware of are in compliance with the City’s rules and regulations; which was approved unanimously.   

New Business
            Dorick informed the Board that he is following up regarding replacement of trees within boulevards fronting Golf Course Partners’ properties.  The City will be removing dead trees this week.  They have about 18-20 trees to replace, which will amount to approximately $7-8k. They are discussing cost sharing with Great Northern Golf. They do have some tree vouchers from the City for reduced cost for suitable street. Also, the lots on either side of Birdie Drive were mowed; weed spray (by Grass Chopper) is to happen soon, weather permitting.  Grass Chopper will work it into their schedule with the other work they are doing in the subdivision for the Association.
            Sharyn reported in response to a previous inquiry from Karin that Grass Chopper will be spraying the trail surfaces with Roundup to eliminate all vegetation, where present.  Additionally, they plan to mow all of the Phase 3 park – to the park delimiters – as bid and budgeted. 
            Per general discussion, Bill was requested, and agreed, to discuss with Dane Gamble (Great Northern Golf) several items:  1) trimming the grass around the trees and mailboxes in the August Drive boulevards fronting the golf course (they were mowed but not trimmed); 2) whether they would be willing to regularly mow and weed control the easement off Augusta Drive between lots 21 and 22, which they use to access the golf course near hole 17; and 3) confirm whether the sprinklers have been or are being turned on for the boulevard fronting the phase 1 parkland off the west end of Boylan Road.   

There being no further business, the meeting was adjourned at 8:20 am.

Wednesday, June 19, 2013

Additional documents filed with Gallatin County Court

The following documents related to a legal dispute filed by BCSCA member Bill Beebe, as co-trustee of the Katherine F. Beebe Revocable Trust have been filed in Gallatin County Court since May 1, 2013. These supplement the information provided in this post.

The BCSCA Board has appointed an Executive Committee to coordinate with our legal representation. Please direct any questions you have about this issue to a member of that committee by phone, at their phone numbers listed on the Annual Meeting Notice:
Sharyn Anhalt, BCSCA President
Karin Jennings, BCSCA Secretary
Dorick Sauvageau, BCSCA Golf Course Partners Rep
On May 3, 2013, Bill Beebe filed a Reply Brief and Affidavit to the Motion and Cross-motion:
Brief in Reply to Motion and Cross Motion
Affidavit

On May 13, 2013, BCSCA filed an additional reply Brief and Affidavit. At this time, all documents will be reviewed by the court for decision on summary judgment.
Brief and Affidavit in reply to motion and cross-motion

On May 22, 2013, Bill Beebe filed a Motion for Temporary Restraining Order to delay construction of the McIlhattan Trail.
Motion for Temporary Restraing Order

BCSCA's reply to the Motion for Temporary Restraining Order
Oppostion to Motion for Temporary Restraining Order

The Court denied the Motion for Temporary Restraining Order
Order Denying Motion



Community News June 2013

Project to work towards a cleaner Bridger Creek, sponsored by Montana Fish Wildlife and Parks, Greater Gallatin Watershed Council, and others. Meeting on Thursday June 27th, more info here:
Bridger Creek Car Removal Cleanup

Conditional Use Permit Hearing Notice, Monday June 24 6pm.
The Bozeman City Commission will consider an application for conditional use as a Vacation Home Rental for property located at 1005 Boylan Rd. Recommendation from Planning Department
Public comment may be submitted in writing or in person at the Commission Meeting.

Board Meeting Minutes June 3 2013


Bridger Creek Subdivision Community Association
Board of Directors’ Meeting
Monday, June 3, 2013 

The meeting was called to order at 6:30 at the Masonic Temple (14 S. Tracy Avenue). 
Board members:  Sharyn Anhalt, Bill Ranard, Dian Bottcher, Dorick Savageau and Karin Jennings were present.
Members present: Adam Racow (Chair, Park & Trail Committee Committee) and David Andreassi (Chair, Design Review Committee).
Approval of Agenda – Agenda was approved unanimously without modification.

Approval of Minutes – Minutes from the Board Meeting of April 1, 2013, which had been previously approved by email for posting to the web site, and the minutes from the May 6, 2013 Special Board Meeting (immediately following the Annual Membership Meeting) were both approved unanimously without modification. 

Design Review Committee
Dave reported that an existing condo unit off Birdie Drive (2413A) in Phase I has requested extension of the existing deck to meet the other corner of the housing unit.  Because this is a project Dave is involved with he brought it to the Board for review.  The deck extension is within all setbacks and does not front the trail.  After reviewing photos and plans Bill made a motion to approve the extension of the deck, which was seconded and approved unanimously. 
Second, Dave reported that lot 2 in Phase 3 has submitted final plans for new construction. This project was approved by majority vote of the committee and is good to go after the $50 design fee has been submitted/received. 
The committee membership was discussed and remains unchanged:  Dave Andreassi (committee chair), Dorick Savageau and Tim Russell.
Sharyn asked that the repainting/trim project at 3119 Augusta in Phase 2, which was approved by majority vote of the Board via email just prior to the Annual Membership meeting be captured in the minutes. 

Park and Trail Committee
Adam reported that the trail segment adjacent to McIlhattan Road (from south St. Andrews Drive to the park in Phase 3) has been constructed. The project came in under budget. Following recent heavy rains there has been some erosion which is being addressed. Additionally, he reported that volunteer weeding had been done in the Phase 2 park.
Discussion ensued about the erosion on the recently constructed trail segment.  Dorick suggestion that there will be asphalt laid (soon) in Phase I (one of the condo unit access drives) and suggested that if there was extra asphalt material that we might be able to request and utilize it on the trail.  Adam will contact the City (Engineering) to determine whether that would be acceptable, then will contact the asphalt contractor to determine whether any might be remaining and whether it could be placed in the trail location.
Adam reported that the sprinkler heads in the Phase 2 park will need to be raised, they have dropped to below grade. Dorick offered to look at them and fix them if it’s a simple fix. (Update after meeting: Dorick and Bill determined that the sprinkler heads will need major work to fix. Sharyn will begin the process to get three bids for the work.)
Sharyn reported that Grass Choppers had submitted their invoices for the first month of lawn care this season, and there were questions about frequency of mowing in the Phase 1 large park, and whether the sprinkler line had been repaired in the Phase 2 park. She will follow up on those items.

Executive Committee Report
            Sharyn provided an update on the legal proceedings with member Bill Beebe. Most recently a Request for Temporary Restraining Order to halt construction of the trail was filed prior to trail construction, which the Court denied (therefore the trail construction proceeded).  Sharyn (as bookkeeper) will post the recent Request and the Board’s response to the web site the next time minutes and other documents are uploaded. 
            The board agreed that the Executive Committee should stay in place to handle the legal issues, and no changes were made to the committee membership.
 
Finance/Treasurer Report
Sharyn provided copies of the Balance Sheet (as of June 3, 2013) and Budget to Actual for the current fiscal year (July 2012 through June 2013) as of June 3, 2013 and, since Dian is new to the position of treasurer, presented an overview.  She noted that we are currently over budget on mowing due to increased mowing and weed control in Phase 3 at the end of last year, which is balanced by being under budget on snow removal. There were no questions. 
Sharyn and Dian will review budgets and discuss budgetary reserves as raised at the Annual Membership meeting.  They will present their recommendations to the Board.
The schedule for mailing annual dues invoices was discussed.  There was a motion to mail them near the end of June, which was approved unanimously.  Annual dues are $75/lot.
Dian and Karin will follow up with the bank to change signature authority with the recent Board changes. 
 
Set Board Meeting Schedule thru April 2014
The calendar was reviewed and it was agreed to set the schedule for regular Board meetings as follows:   September 9, November 4, January 6, March 3.  Note all meetings are the first Monday of the month (except September, which was delayed due to the Labor Day holiday). Meetings will continue to be held at 6:30 pm, at the Masonic Temple (14 S. Tracy Avenue).  Meetings are open to attendance by all members. 
The Annual Membership meeting is the first Monday in May (per the BCSCA Bylaws) and will be May 5, 2014.  Sharyn has reserved the Beall Park Center for this date. 

New Business
Dorick mentioned that he will be discussing the need to replace boulevard trees along streets fronting golf course property with Golf Course Partners and Great Northern Golf.  He is particularly aware of tree replacement on both sides on the north Boylan Road and the Augusta Drive entrances.
Karin asked him to also follow up with Jack Schunke regarding finalizing the outstanding property ownership transfers. Jack is out of town lately with work.  Karin asked him to follow up with the GCP attorney, as it is the same paperwork as was filed previously.
Dian offered to investigate locations of missing boulevard trees and to discuss with the City Code Enforcement department about planting encouragement assistance.  

There being no additional new business, the meeting was adjourned at 7:45 pm. 

The next Board Meeting will be held September 9, 2013 at the Masonic Temple (14 S. Tracy Avenue) at 6:30 pm.