(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
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).
