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2010 Annual Meeting Minutes
August 15, 2009 - Sunset Hall, 3 pm
Crested Butte South, Gunnison County, Colorado
Board Members Present: Al Smith, Patrick Wallace, Cathy Frank and Ty Minnick. Absent: Shawn Olson
Staff Present: Chris Behan, Linda Roberts
Property Owners Present (per sign-in sheet): Angie Dumas, Robert & Courtney Baker, Barbara & Gerry Bartush, Kathy Norgard, Jack Dietrich, Kieth & Joy Henning, Ilene Spector, Virginia Roark, Pat DelTredici, Peggy and Jim Moore, Dennis Conlin, Joann Reynolds, Carl and Judy Jones, Jim Starr, Jeff Hanggi, Angie and Bob Kray, Randall and Teresa Heitz, Dennis Conlin, Berek Novak, Bill Meier, Patricia Guthrie, Craig Williams, Jeff Kaumeyer, Noah Wight, Chris Ward, Ric Ems, Sue Schappert and Fran Wickenhauser. Total head count: 46.
Call to Order, Welcome, Introductions
Al Smith, current President of the P.O.A. Board of Directors, called the meeting to order at 3:05 PM. Al introduced himself and Board Members Patrick Wallace, Cathy Frank and Ty Minnick. Chris Behan, Association Manager introduced himself and Linda Roberts, Association Accountant.
Reading of the Minutes of the 2009 Annual Meeting
Reading of the Minutes of the 2009 Annual Meeting was waived. Time was allowed for members to ask questions or comment on the 2009 Annual Meeting Minutes, as copies of the minutes were available at the meeting for all in attendance. The minutes are also available on the website. The 2009 Annual Meeting minutes were approved by the Board of Directors at the August 26, 2009 Board Meeting. The Annual Meeting Minutes and monthly Board Meeting Minutes are available to read on-line at www.cbsouth.net.
Year-to-Date Financial Report
Income statements with Budget and Actual amounts for 2006, 2007, 2008, 2009 and year-to-date 2010 were available for property owners to examine on-line at www.cbsouth.net. The Budget-to-Actual for 2010 was available at the meeting. Chris informed the members that on June 11, 2010 the Association purchase approximately 20 acres of open space adjacent to CB South/River Rim on the east side of the East River for $16,000. It consists of 2 parcels and is often referred to as the Huckeby Parcels. The South Parcel, approximately 12 acres, has access off of Cement Creek Road and through an easement belonging to the Association abutting 263 Kubler Street. The 2 newly acquired parcels are subject to a conservation easement held by the Crested Butte Land Trust. We are in the process of developing a passive use plan addressing both pedestrian usage and fishing usage of the South Parcel. Currently the P.O.A. does not have access to the North Parcel. The North Parcel does not lend itself to usage due to the fact that it has significant undergrowth and marshland. We have not arranged an access easement at this time. Although this purchase was not budgeted for in 2010, it was an important opportunity which required action. The Association already owned approximately 3 acres at the bottom of the Kubler Street easement which could be developed to include a bench and/or picnic table.
Chris explained that the P.O.A. has about $120,000 in reserves. The Board prepares the next year Budget each year, October to December, and all members are welcome to participate.
Officers’/Manager’s Report
Chris reviewed some of the accomplishments of the P.O.A. over the past year.
- We continue to spray the right-of-ways (spot specifically) for thistle and scentless chamomile.
- Last winter the Hockey program was in the black.
- We have a 3-year lease with Spann Ranches for groomed Nordic trails.
- We purchased a groomer and snowmobile for use on the Spann Nordic trails and “poop loop” Nordic trail set in the Park. We’ve raised about $1,200 in donations for Nordic.
- We improved/relocated the pump track and installed a half pipe in the Park.
- The Community Garden space was created in the Park and it is fully leased. It will have a 2-4 year payback period.
- The local mail boxes are popular and we still have boxes available to rent.
- In co-operation with CB South Metro, we have created additional green space in the Park in place of an old parking area.
- We installed new (to us) NHL-style Hockey Boards with glass on the Ice Rink, which were paid for entirely by private donations and grants.
- Over the past 5 years, we have raised over $50,000 in grants and donations to help pay for various capital improvements such as the hockey rink boards, play ground equipment, and the community bikes.
- The RTA bus now is stopping in CB South, at the P.O.A. Office, as part of their regular schedule. We are working on options to get bus service into CB South during the winter when the ski resort is operating.
- Many of these accomplishments were with the assistance of great volunteers and a list was available and read. Thank you to all that have helped!
- Chris thanked the Board members for their service.
- Alpenglow will have its final concert of the summer in CB South. Rubens will be the food purveyor.
- The Board is seeking input from the membership regarding what they would like to see developed for usage and guidelines for the Huckeby Parcels while not degrading the fragile nature of the parcels.
Related Reports
Chris asked Jack Dietrich from CB South Metro District (Metro) to give an update. Jack explained that Metro has completed the Waste Water Treatment Plant Expansion. Since February they have been using a new process that works well in cold climates and has reduced the amount of ammonia discharge. The Expansion has been approved by the State. Metro has received a State revolving loan for $2.3 Million at 2% to finance the expansion.
Metro just started a second project with a $1 Million State revolving loan at 2%. They are installing a water tank on Tract 3 of The Ridges, just above Block 29 of CB South. The 300,000 gallon tank will increase water pressure and will complete the water system for CB South. The tank will not be visible (i.e. buried) and Metro will re-vegetate the lot once installation is complete. Metro’s next project will be a lined pond at the end of Brackenbury Street to augment the water plan. This should be completed in 2011 or 2012. It will hold water year round and take (and give) the water from East River Ditch #2. Finally, in the future, Metro will be installing one more well by the shop which will be tied to the system. This will provide sufficient water for 70-80% build-out of CB South. We are currently at about 48% of build out. Regarding individual metering, it will be at least 3-5 years before this happens. Also, in the future the EPA will be requiring backflow preventers on all domestic water services. The rate increase in 2008 will cover the current debt service and there are no anticipated fee increases in the near future.
Chris introduced Jeff Hanggi from Gunnison County Electric Assn. (GCEA). Jeff noted that there has not been any activity in CB South this year. In 2009, GCEA spent over $300,000 to replace 2 transformers in an effort to provide more reliable service and to minimize the amount of people affected when the power goes out.
Chris explained that he invited both candidates for County Commissioner District #3 to make a presentation to CB South members. Republican Candidate Phil Chamberlain was not able to attend. Chris introduced incumbent, Democratic (incumbent) Candidate Jim Starr. Jim gave his background and stressed the importance of building our economy and keeping families in the Valley. As a commissioner, he has sought to keep the County fiscally strong, and have capital improvement projects utilize local businesses as much as possible. He is working with CB South to find ways to bring a bus into CB South in the winter, including the possibility of a contribution of funding from the County in order to make it happen. Safety is of key concern. In the recent past, the County has designated CB South as a Special Geographic Area which has shortened/streamlined the process for building in CB South. He noted that CB South has much to be proud of.
Chris introduced Rick Ems, Crested Butte Fire Protection District. Rick noted that the District is building another station at Buckhorn Ranch. Volunteers fire fighters are always sought.
Property Owner Questions
Jim Moore suggested that the Board consider not raising dues in 2011. Al noted that for $22 a month, members receive a lot of amenities which we would like to continue, such as fishing, bus service, Nordic skiing, ice skating, green space, Park maintenance, etc.
Bob Baker asked if there were plans to build a swimming pool in CB South. Chris explained that the cost to build/operate a pool far exceeded our budget, so it is not in the top 10 P.O.A. priorities at this time.
Jim Starr inquired about the status of reviving Pioneer Ski Area. Chris explained that it was not something the P.O.A. was pursuing. Al explained that personally, he has been involved in exploring this. Meetings with the Forest Service have left him with cautious optimism. The old lift was not on Pioneer Guest Cabins property and there are 2 roads designated for motorized use on Cement Mountain.
Covenant Enforcement/Covenant Change Vote Status
Chris stated that he has sent out 50-60 letters to property owners citing Covenant violations. Most of the violations involve parking in unauthorized spaces. This Board views its duty is to actively and consistently enforce the Covenants. The Board will comply with the Notice and Hearing and Enforcement Policy and Procedures for Covenant Enforcement.
Regarding the outstanding Ballot to change Covenant section 7.01, Chris stated that 46% of the ballots have been returned. In order to have a legally binding decision, 50%, plus one, of the membership must vote either for or against the proposed ballot change. The vote will remain open until 12/31/2010 or until the requisite number of votes are obtained, whichever occurs first. Bob Baker inquired whether members who do not return their ballots will be contacted. The Board stated that “this Board” will not pursue the follow up. Further, “this Board” has determined that the P.O.A. will not release information as to who has or has not voted and will not release phone numbers or e-mail addresses of members. Members may have the right to obtain names and addresses of the membership through the P.O.A. Policy Regarding Inspection and Copying of Association Records. Carl Jones questioned how the Board could suspend enforcement of Section 7.01. Ty and Cathy explained that the language in Section 7.01 “capable of habitation” is gray which gives them discretionary authority to interpret the language. Fran Wickenhauser and Carl Jones expressed their frustration that the Board is trying to find a way to not enforce this Covenant. They asked what the Board will do if the Ballot for change does not pass by 12/31/2010. The Board explained that the new Board being elected today will make that determination. It was noted that in the future, the Board will be more cognizant of only voting for major changes when the item has been specifically set forth on the published Agenda’s.
Postponed Vote on River Rim Membership
Chris explained that River Rim was granted Associate Membership in CB South P.O.A. by way of the By-Laws, as opposed to the Covenants. Associate members pay CB South dues and must comply with our rules and regulations but they do not have a vote nor can an associate member sit on the Board of Directors of CB South P.O.A. In order to amend the By Laws “at all meetings of the Association, either regular or special, members in good standing, representing at least ten percent (10%) of the lots or clusters in Crested Butte South…shall constitute a quorum.” Fifty percent plus one of the quorum can change the By Laws. The Board decided to postpone the vote to give River Rim owners full membership rights, pending discussion of the vote by the Board prior to placing it on the ballot and a resolution of River access on the newly acquired Huckeby Parcels.
Election of Directors – Three (3) Seats
Al Smith, Patrick Wallace, Duane Johnson, Angie Kray and Sarah Baskfield are the candidates. The majority of votes cast were mailed in prior to the meeting. Those who had not voted were given the opportunity to vote at the meeting. A tally of all votes showed that Al Smith, Duane Johnson, and Sarah Baskfield were each elected to a 2 year term. The final count will be verified, and results will be announced on the website.
Al Smith adjourned the meeting at 4:40 pm. The picnic commenced with attendance much higher than at the meeting. |
