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.