Board Meeting Minutes April 1 2013

Bridger Creek Subdivision Community Association

Board of Directors’ Meeting

Monday, April 1, 2013 

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, Dorick Savageau and Karin Jennings were present.

Members present: Adam Racow (Chair, Park & Trail Committee Committee) and David Andreassi (Chair, Design Review Committee), June Russell.

Approval of Agenda – Agenda was approved unanimously without modification.

Approval of Minutes – Minutes from the Board Meeting of March 4, 2013 had been previously approved by email.  Karin presented a revised version to that distributed by email, and time was provided to read the revised version. Motion to approve the revised version passed unanimously. 

Design Review Committee

Dave reported that the committee reviewed and approved plans submitted by Carrie and Tobias McClaughry for a house for lot 24, phase 3; review fee of $50 has been collected. 

Park and Trail Committee

Dorick reported that he discussed the proposed McIlhattan trail segment with Mark Holiday (Great Northern Golf), but was unable to meet and discuss with Golf Course Partners (for which he is the representative to the Board).

Adam reported that he discussed the project with Andy Kerr (City Engineering) and provided the design specifications prepared by Morrison Maierle (local engineering firm) as well as the bid documents. Mr. Kerr confirmed that the documentation was complete and no additional design work is needed. The City will likely confirm the project through the city commission, which would include public notice and comment. A motion was made to approve the McIlhattan trail project as proposed (from south St. Andrew’s Drive to the existing trail in the Phase 3 park), subject to the permitting process by the City and subject to the bid recommended by the committee at the March 4, 2013 Board Meeting.

It was noted that Board approval is necessary to start the permit process with the City. After discussion, the motion was seconded, and passed by majority, with Dorick abstaining and Tim opposing. Adam will initiate the permit process with the City. The committee will seek to contact and inform the adjacent four lot owners (including lot 1 which is across the street from the south terminus of the trail segment).

Adam reported that there is a Public Notice posted on the property near the corner of McIlhattan and Story Mill just north of the bridge across Bridger Creek, requesting a variance for a structure located within the setback from the right-of-way.  The meeting is set for April 16, 2013 at 3 pm at the Gallatin County Courthouse. The setback requires 35 feet and the owner is requesting a variance in the setback to 10 feet.

Finance/Treasurer Report

Erik provided copies of the Balance Sheet (as of April 1, 2013) and Budget to Actual for the current fiscal year as of April 1, 2013 and presented an overview.  There were no questions.

Annual Meeting – Monday, May 6, 2013

The draft Notice for the Annual Meeting was reviewed, which will present the budget for the next fiscal year for approval of the membership. The budget from last year was reviewed against the Budget to Actual for this year, and a budget was proposed as a group with input from Adam for park and trail related items. There was a motion to present the proposed budget, as developed, to the membership in the Meeting Notice, seconded and passed by majority with Tim opposed (because of the $5000 improvements line item).

The draft Proxy was presented and reviewed. Two additional names were added to the draft Proxy, as requested by those individuals. A motion was made to approve the Proxy as revised to include four names, seconded and approved unanimously. Sharyn (as bookkeeper) will prepare the materials for mailing to the membership.  

New Business

Dorick requested that Sharyn look into whether the owner of 1005 Boylan has gone through proper permitting with the City to advertise as a vacation rental.

There being no additional new business, the meeting was adjourned at 7:35 pm. 

The Annual Membership Meeting will be held Monday, May 6, 2013, at 7 PM, at the Beall Park Center (415 N. Bozeman Avenue).

The next Board Meeting will be held immediately following the Annual Membership meeting to elect new Board officers.

Public Documents filed with Gallatin County District Court

The following documents relate to a legal dispute filed by BCSCA member Bill Beebe, as co-trustee of the Katherine F. Beebe Revocable Trust. 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 October 16, 2012, member Bill Beebe filed a Petition for Declaratory Relief with the Gallatin County District Court. The Petition was amended twice after filing.
Original Petition
First Amended Petition
Second Amended Petition

BCSCA's Answer and Counter Claim
Respondent's Answer to Second Amended Petition

On February 13, 2013, Beebe filed a motion and brief for Declaratory Judgment, and then consented to an extension of time for BCSCA to file a response:
Motion for Declaratory Judgment
Motion for extension of time

On March 29, 2013, BCSCA filed a Cross Motion and Brief for Summary Judgment
Cross Motion for Summary Judgment
Brief in Support of Cross Motion for Summary Judgment

Scheduling Orders
Order for Stipulated Scheduling Order
Stipulated Scheduling Order

Board Meeting Minutes March 4, 2013

(this is an abbreviated version of the minutes, indicating only actions and general discussions. A copy of the minutes as approved by the Board is available upon request)
Bridger Creek Subdivision Community Association

Board of Directors’ Meeting

Monday, March 4, 2013 

The meeting was called to order at 6:30 at the Masonic Temple (14 S. Tracy Avenue). 

Board members:Sharyn Anhalt, Tim Russell, Dorick Savageau and Karin Jennings were present; Erik Steckmest was absent.

Members present: Adam Racow (Chair, Park & Trail Committee), Linda Schell, Cathy McNally, Bill and Kay Beebe.

Approval of Agenda –Motion to approve, confirmed unanimously

Approval of Minutes – Minutes from the Board Meeting of January 7, 2013 had been previously approved by email, and approval was confirmed unanimously.

Design Review Committee

Karin read the email correspondence between Dave and the owner of lot 24 in phase 3, providing an update on the installation of a well for irrigation and that plan submission and fee payment are still in process.

Reviewed the description and drawings for a requested landscape trellis from Linda Schell, owner in phase 2. Linda was present and provided a description.  Access to the lot for retrieval of golf balls is still provided.  Dorick and Tim approved the trellis as DRC; no board action was necessary for approval. 

Park and Trail Committee

Adam reported that a request for bids was put out from the PTC, for construction of a trail along the north portion of McIlhattan (south St. Andrews to the trail in the phase 3 park) in the road right of way as connection between sidewalk and existing city trail. Adam described the location of this segment and presented the design/engineering drawings.

Informal discussions with Dorick prior to this meeting indicated that constructing the north half of the project only may be amenable to Great Northern Golf and Golf Course Partners. Dorick stated that he personally would approve the project, but since he represents Golf Course Partners he will need to consult with that Board and Great Northern Golf before casting his vote. Sharyn made a motion to table the vote until the next meeting to allow Dorick to discuss with the necessary parties. Motion passed unanimously.

Adam continued, stating that the committee planned to volunteer labor for things like reseeding to help defray costs. The request for bids included a mid-project stop-work step for inspection by the Association and City prior to installation of subgrade and fines. Bids were requested with and without subgrade prep. Adam informed the Board that three bids have been received; all from reputable trail contractors. The PTC recommends selection of the lowest bidder and including the subgrade prep/install in the project. 

Other items from PTC – Adam reported that he still plans to explore the feasibility of the triangle park and will reconvene with Tim as discussed during a previous meeting. Adam inquired of Dorick about another project which was suggested from the park and trail committee survey and request for input last summer/fall. He would like to bring closure to the suggestion to plant a screening hedge along Boylan Road to screen the maintenance building from the neighborhood.  Dorick stated that any cost-sharing project between Golf Course Partners (GCP) and Great Northern Golf (GNG) needs to be brought from GNG to GCP, and suggested that Adam discuss with Dane Gambel (Maintenance Supervisor for GNG).

Finance/Treasurer Report

Erik, Treasurer, was absent from the meeting so Sharyn provided copies of the Balance Sheet (as of March 4, 2013) and Budget to Actual for the current fiscal year as of March 4, 2013.

 

Lien Filing

Sharyn requested that the Board reconsider the previous decision to file liens against delinquent homeowners that was approved at the June 4, 2012 meeting. Although the Covenants (Section 8, p. 16) provide a right to lien, any such liens may be extinguished in foreclosure. If we did record liens with the County, they would need to be updated and re-filed as new amounts became due on an annual basis. This would cause additional expense for relatively small amounts. Unpaid dues automatically become a debt against the property, and title companies regularly contact the Bookkeeper to make sure that outstanding dues are paid when a property is sold. Sharyn therefore recommends that the Board not proceed with filing a formal lien, particularly as our assessment dues are so comparatively low. Motion made to change the decision made at the June 4, 2012 Board meeting regarding filing formal liens approved unanimously.

Annual Meeting

            The Annual Membership Meeting will be held Monday, May 6, 2013, at 7 PM. The Beall Park Center has been reserved for the meeting. Materials will be ready for review and approval at the next Board meeting, and will be mailed to members the first week of April. 

Review of Records Request Policy

            Tim had requested that the Board review the policy adopted at the July 19 2012 Board meeting, as he felt the policy was more restrictive than Montana law allowed and he felt the membership should approve such a policy, pursuant to Article V.1 of the Bylaws.

No motions were made to modify the existing policy.

Correspondence with Attorney

            This item was added to the agenda at Sharyn’s request. Sharyn reminded Tim that it is inappropriate to provide contact information and/or invite members to contact Eric Nord, since he is not the Association’s general counsel. In addition, the Board has previously established that the Executive Committee is the point of contact with Mr. Nord. Mr Nord represents the Association with regard to the pending lawsuit with Bill Beebe.

Sharyn made a motion to reiterate the previous Board decision that Eric Nord is the attorney representing the Association for a specific lawsuit, for which a claim has been made against the Directors’ and Officers’ Insurance (a claim has been filed with our D&O Insurance), that he is not providing general counsel services to the Association, and the Executive Committee is charged with all communications with said attorney.  Dorick seconded the motion, and it passed unanimously. 

 

New Business

Dorick informed Karin that he reminded Jack Schunke this week to proceed on the warranty deed transfer of the trail in phase 1 from GCP to the Association. It was discussed that accomplishing the deed transfer is a formality. The City has confirmed (in their letter response dated July 26, 2012, previously provided to the Board) that transfer has already effectively been accomplished through designation as open space (or private open space) on the subdivision plat, combined with the Covenants/Bylaws which state that such designated areas are to be conveyed to the Association, and Section 76-3-307 of Montana Code Annotated. Karin stated that regardless of the law, she would like to have clear record of ownership to eliminate potential confusion at a later date, as Board composition changes over time. Dorick said GCP is not inclined to formally transfer the common open space area at the north Boylan entrance since they need to be responsible for maintaining the ditch/culvert as their water rights for the golf course flows through that area.  Sharyn suggested that since the ownership is not in question, per the City, perhaps we don’t need to push the issue regarding the warranty deed.  She further suggested entering into a maintenance agreement with GCP (or GNG), to be renewed annually. Dorick thought this would be a good solution and said he would bring this to GCP at their upcoming meeting. Karin interjected that this same ownership clarification issue relates to the common open areas adjacent to Augusta Drive (most are for water conveyance). Sharyn suggested communicating with the homeowners adjacent to these common areas to acknowledge that it is the responsibility of the Association to maintain them, but to request cooperation in maintaining, if reasonable. Karin mentioned that the utility easement (near hole 17, also a common open area owned by the Association) has been in need of maintenance for a decade. She would like to see maintenance improvements of this area this coming year. Dorick reminded the group that GNG uses this to access the course and suggested approaching Dane Gamble (GNG) about entering into a maintenance agreement with the Association for GNG to maintain this access in exchange for using it. All generally agreed with the direction of this discussion but no formal Board actions were taken. 

There being no additional new business, the meeting was adjourned at 8:25pm. 

The next regularly scheduled Board meeting is Monday, April 1, 2013 at 6:30 pm at the Masonic Temple (14 S. Tracy Avenue).