Special Board Meeting July 6, 2016

Bridger Creek Subdivision Community Association

Special Board of Directors’ Meeting

Wednesday, July 6, 2016

The meeting was called to order at 5:35 pm. Board members:  Sharyn Anhalt, Bill Ranard, Dian Bottcher and Karin Jennings were present; Dorick Savageau was absent.

Approval of Minutes – The minutes from the Board Meetings of May 2, May 16, June 6, and June 15, 2016 were approved unanimously without modifications. 

Amendments to Covenants

Upon further review and discussion of the amendments needed to be made to the Covenants, the Board realizes there are too many intricacies involved with preparing an accurate Amended and Restated Covenants. As such, the Board agreed to reverse its decision and will not be recommending Amended and Restated Covenants for a vote of the membership. The August 22 special membership meeting (set at the June 6 Board meeting) is therefore cancelled.

Termination of Association

The Board revisited its discussion of terminating the Covenants and the Association, particularly in light of the status of our Covenants and the decision not to pursue amendments. Following this discussion, a motion was made to proceed to research the viability of dissolution of the Association in accordance with the Covenants (page 17, section 2) and the City of Bozeman ordinance 38.38.030 (see June 6 Minutes); approved unanimously.

Phase 3 Park Disturbance

Karin emailed the City on June 28^th requesting an update on the status of the remediation work in the Phase 3 park. She hasn’t received a response yet, and will follow-up next week if still no response.

The meeting was adjourned at 6:30 pm.

Special Board Meeting June 15 2016

Bridger Creek Subdivision Community Association

Special Board of Directors’ Meeting

Wednesday, June 15, 2016

The meeting was called to order at 5:15 pm. Board members:  Sharyn Anhalt, Dian Bottcher, Dorick Savageau and Karin Jennings were present; Bill Ranard was absent. 

Review of House Plans – Plans were submitted for new home construction for lot 4 in Phase 3. The Board reviewed instead of the Design Review Committee because the plans included a variance in secondary roof pitches that were preliminarily approved by the Board via email on April 25, 2016. Sharyn will follow up with the builder on a few items, including provision of review fee.  

The meeting was adjourned at 6:00 pm.

Board Meeting June 6 2016

Bridger Creek Subdivision Community Association

Board of Directors’ Meeting

Monday, June 6, 2016

The meeting was called to order at 6:05. Board members present:  Sharyn Anhalt, Dian Bottcher, Dorick Savageau and Karin Jennings were present; Bill Ranard was absent.

Amendments to Covenants

As mentioned at the Annual Membership Meeting in May, it was also recognized that the specified classes of members in the Covenants (single-family and multi-family land classifications) also need to be amended. Sharyn reviewed the recordation dates of the various Association documents, which were variously filed with the County Clerk and Recorder. Based on this additional information and discussion with Eric Nord, Association attorney, the Amended and Restated Covenants that will be presented to the membership for vote will indicate that the changes only affect the Covenants and that the Bylaws and Design Regulations remain unchanged (as they are all filed together and recorded as one document on April 10, 1997).

Termination of Association

            Page 17, Section 2 of our Covenants provide for termination of the Covenants and Association. As specified in that section, the Covenants are automatically extended for successive periods of 5 years, unless ¾ (or 75%) of the membership votes to terminate them within 1 year of each successive 5 year period. Since the Covenants were recorded April 10, 1997, the current window for such a vote opened April 10, 2016 and closes April 10, 2017. City of Bozeman ordinance 38.38.030 – Covenants, provides for transfer of assets from a non-profit like the Association to the City.

The Board discussed pros and cons of presenting termination of the Association to the membership along with the vote to amend the Covenants, since the window is currently open. The Board decided that since the Board was not unified such a vote being in the best interests of the owners that it would not pursue a termination vote.

Amended and Restated Covenants Vote – and Setting of Special Membership Meeting

As described in previous Minutes (May 2 Annual Membership Meeting and May 16 Board of Directors’ Meeting), the Board will be pursuing a second vote of the membership to amend the Covenants to provide definitions for “improvements” and bring the Covenants into alignment with consistent practices and the 2015 Court ruling. Notices for this vote must be sent within 50 days prior to the meeting date. It was discussed and decided that the membership meeting for this vote would be Monday, August 22, 2016. Notice of the meeting, along with Proxy, Ballot and the Amended and Restated Covenants will be mailed out July 5^th or shortly thereafter.

The Annual Assessment dues notice will be included in the mailing packet to make it easier for members to return both together.

New Business

            Dorick mentioned that he received notice from the County for a zoning change request to the Churn Creek property east of the old landfill entrance off Story Mill Road.

            Sharyn informed the Board that she received a notice to apply for a property tax exemption for the Association as a non-profit for any land held by the Association. This came into effect from the 2015 Legislature and House Bill 389. It is a $15 fee and she will take care of it.

            Karin mentioned several Design Review items which Dave Andreassi (Chair of the D/R Committee) has informed the Board about: 1) in an April 30 email committee approved replacement of a French door and new deck on Augusta (Karin missed this for the report to the members at the May 2 meeting); and 2) in a May 20 email the committee approved construction of a stone patio for a residence on Putter Court.

            Regarding the City’s disturbance of the Phase 3 park for their monitoring and extraction wells related to the landfill, she was informed that GVLT (Gallatin Valley Land Trust) is also in contact with the City regarding the disturbance of the trail and rehabilitation work to be done. Sharyn mentioned that it looked like the equipment was moved recently.

There being no further business, the meeting was adjourned at 7:50 pm.

The next regularly scheduled meeting will be held September 6th @ 6:00.

For any members wishing to attend the meeting, please contact the Board via email at BridgerCreekBoard@gmail.com and you will be notified of the meeting location. The Board elected not to pay for meeting space again this year and will instead hold meetings at Board members’ homes unless a larger space is needed for a given meeting.

Board Meeting, May 16 2016

Bridger Creek Subdivision Community Association

Board of Directors’ Meeting

Monday, May 16, 2016

The meeting was called to order at 6:00. Board members present:  Sharyn Anhalt, Dian Bottcher and Karin Jennings (by phone) were present; Bill Ranard and Dorick Savageau were absent.

Set Tentative Schedule for Board Meetings through April 2017

Regularly scheduled meetings were set for 6:00 pm on the first Monday of the following months: June, September, November, January and March.  Special Meetings may be called in the interim if business arises.

Due to Holidays, September and January meeting will be moved from Monday to Tuesday. Meeting dates are as follow: June 6, September 6, November 7, January 3 and March 6.

The Annual Membership meeting will be Monday, May 1, the first Monday of May as required under our Bylaws.

Covenants Vote

As more fully described in the Minutes from the Annual Membership Meeting held May 2, 2016, the Covenants require approval by 75% of each voting class of members (single and multi-family). Although the vote tally was encouraging because 85% of the returned ballots were in favor of changing the Covenants, the vote to approve the Amended and Restated Covenants did not pass. A total of 205 ballots needed to be returned, but only 171 were received.

The Board discussed pursuing a second vote of the membership to amend the Covenants to provide definitions for “improvements” and bring the Covenants into alignment with consistent practices and the 2015 Court ruling. Sharyn made a motion to draft a new set of Amended and Restated Covenants which would additionally address the single-family and multi-family land classification issues identified just before the Annual Membership Meeting, to be reviewed by the Association’s attorney, Eric Nord; seconded and passed unanimously.

At the June 6 meeting the Board will set the date for a Special Membership Meeting for August and will review the revised Amended and Restated Covenants as well as the Proxy and Ballot information for a mailing to the members. 

There being no further business, the meeting was adjourned at 6:30 pm.

The next regularly scheduled meeting will be held June 6th @ 6:00.

For any members wishing to attend the meeting, please contact the Board via email at BridgerCreekBoard@gmail.com and you will be notified of the meeting location. The Board elected not to pay for meeting space again this year and will instead hold meetings at Board members’ homes unless a larger space is needed for a given meeting.