May 2006 Minutes

CRESTED BUTTE SOUTH

PROPERTY OWNERS’ ASSOCIATION

MAY 10, 2006

REGULAR BOARD MONTHLY MEETING MINUTES

At 6:20 pm , Al Smith, President of the Board, called the meeting to order.

Board Members Present: Al Smith, Leigh Dillenback, Peter Carey, Bill Crittendon

Staff Member Present:  Chris Behan, Louise Johnson

Approval of Minutes:  Copies of the April 12, 2006 , Regular Board Meeting Minutes were presented to the Board Members prior to the meeting.  Three small changes were made to the minutes as presented. Leigh made a motion to approve the Minutes as corrected.  Bill seconded the motion to approve.  All Board Members present voted to approve the April 12, 2006 Minutes.

Treasurers Report:  Financial reports presented to the Board included the Monthly Budget Summary, Cash on Hand as of April 30, 2006 , additional reports of cash in the bank for the Money Market, Operating, Hockey Rink, and Performance Deposit Accounts for the period of April 1, 2006 , through May 9, 2006 , along with check registers showing expenses paid for that period.  Additionally, a summary of CD accounts was presented in the financial package.  Bill made a motion to approve the treasurer’s report as presented.  Pete seconded the motion.  All Board Members present voted in favor to approve the treasurer’s report.

Unscheduled Property Owners Comments: 

During this time period the question was raised as to whether it is possible to “un-cluster” lots that have been previously clustered, specifically referring to Lots 13-14 in Block 8.  The cluster agreement clearly states that it is a permanent arrangement.  It was suggested that the property owner could see a lawyer for his opinion and then schedule a time for the Board to consider the legal opinion.

Comment was made regarding application fees.  It was felt that fees should be consistent, based on square footage, without lower fees being given to single-family houses, because single-family houses can also be built for speculation, and because not all duplexes are built for speculation.  The majority of houses being built are trophy houses (according to the comment).  The Board did respond that the impact of a duplex on the community is greater than the impact of a single-family house.

Dale Duplex, Lot 24, Block 21, Filing # 3 – 1036 Cascadilla Street

The staff and the DRC have no issues with the current plans.  The symmetrical issue has been discussed but the project was submitted before the guidelines were changed.  Portions of the structure are dissimilar.  Colors are as they were presented to the DRC.  Pete made a motion to approve the plans.  Bill seconded the motion.  All Board Members present voted in favor of the motion.

Jobson Single-Family Residence, Lot 15, Block 15, Filing # 3 – 1556 Bryant Avenue

Neither the staff nor the DRC have any issues with these plans.  The owner changed the siding to cedar vertical ship lap 1” x 6”.  He also moved the house 4’ south on the lot, which takes it to the setback on that side.  The applicant noted that he would need to tap into the intercept drain of the neighbor.  Bill made a motion to approve the plans.  Pete seconded the motion.  All Board Members voted in favor or the motion.

Hamilton Single-Family Residence, Lots 16 and 17, Block 26, Filing # 4 – 171 Cisneros Lane

Items still needed are:  A landscaping plan, a confirmation of the cluster of the 2 lots, and a letter from REA indicating that the construction of a driveway retaining wall in the northern easement is permissible.  The owner was not represented at the meeting.  The Board agreed to put off approval discussion until the June meeting, and all materials must be presented.  The Board also needs to see proposed and existing grade on elevations.  Also, they expect the DRC to be more thorough, so plans that are missing information do not come in front of the P.O.A. Board for Approval.  The Board wants to relay to the DRC that everything should be complete when it comes to the Board Meeting.  Pete made a motion to continue consideration of this project next month or whenever final plans are complete and ready.  Leigh seconded the motion.  All Board Members voted in favor the motion.

Rubinoff Garage Addition, Lot 8, Block 27, Filing # 4 – 62 Barbara Place

The staff is concerned with the existing driveway and recommends that the garage addition be raised a few feet to help the existing driveway function better.  Additionally, the owner plans to add a window and replace metal siding with wooden siding, and agrees to raise the garage up some to help with the seemly steep existing driveway grade.  Bill made a motion to approve the project with the changes indicated on the drawings and the garage floor elevation change.  The changes will be presented to Chris for final approval.  Pete seconded the motion.  All Board Members voted in favor of the motion.

New Business:

Motion to Lien Delinquent Property Owners

When our attorney is back in town at the end of the month, the staff would like to begin the process of placing liens on property where owners delinquent in their dues.  There are approximately 50 such properties at this time.  Those owing $20 or less could be exempt.  Bill made a motion to implement the lien process with the exception of those owing less than $20.  Pete seconded the motion.  All Board Members were in favor of the motion.

CB South Noise Regulations – Adoption

The following revised noise regulation was presented:

Noise Guidelines-Crested Butte South

At the request of CB south property owners association (POA), I have prepared noise guidelines for current and future residential and commercial development. The POA is concerned about noise in CB South as the community grows and because of the commercial district’s close proximity to residential areas.

These Guidelines provide:

q       A brief overview of noise

q       How sound propagates

q       Noise Standards (dogs, outdoor music, construction noise and commercial activity)

q       Enforcement

Overview of Noise

Noise is defined as any sound you don’t want to hear. Although this is a subjective definition, it is possible to measure noise levels objectively and compare them to reference sound levels. Most noise guidelines refer to a maximum allowable decibel (dB) level, using an A-weighted sound scale (dBA). The decibel scale is a logarithmic expression of sound power; hand-held sound level meters read out in decibels or dB.

Examples of common sound levels at the source:

Normal conversation                 50dB                Band Music                  115dB

Vacuum cleaner                        74dB                Busy street traffic          70dB

Circular saw                             107dB              Power mower               92dB

Heavy truck at 90ft (40mph)     99dB                Tailpipe damage           109dB

Sound Propagation                                                                

Many factors affect sound propagation outdoors, including: ground surfaces, air temperature, altitude and relative altitude, humidity, wind speed and direction, and distance of sound source. Here are a few general rules about sound propagation:

• Sound travels easier through thin air at high altitude than through thicker lower altitude air.
• Sound travels faster through dry air than humid air.
• Sound moves faster when the air temperature is warmer than when it is colder. (ANSI S12.18-1994)
• Someverdana sounds are masked near a source, but clearly audible in quieter areas farther away.  Sound outdoors reaches a receiver by both direct and reflected paths. The magnitude of reflected sound depends on the ground surface and the angle. Hard ground has low porosity and tends to be highly reflective, absorbing very little acoustic energy upon reflection. At angles off the ground greater than 20 degrees, which occur in cases of elevated sources, even soft ground becomes a good reflector of sound
• For distances over 100 meters, termed long-range propagation, wind and its

direction play an important role. Wind pushes sound through the air faster and if a source is upwind and a receiver is downwind sound waves bend downward  resulting in a condition advantageous to sound propagation. This can explain why sound levels downwind of a noise source are more easily detected or heard as compared to the listening conditions upwind. The frequency content of sound also changes with distance—low frequency sounds such as bass travel further than high frequency sounds and are usually the cause of noise complaints.

• Relative altitude can affect the rate of propagation, along with wind and altitude. If a noise source is higher than a receiver, sound is less impeded due to thinner air, lower humidity and angle of reflection.
• The intensity of noise diminishes with distance. Outdoors, and in absence of any close reflecting surface, the effective decibel level diminishes at a rate of 6 dB for each factor of two increase in distance. For example , a sound measuring 100dB at 10 meters would be 94dB at 20 meters, 88 dB at 40 meters, and so on.

Noise Guideline Standards: (EPA, 1974)

Enforcement  

If an offensive noise exceeds the levels set in the guidelines or occurs outside the set time restrictions penalty notices can be given per the EPA’s Protection of the Environment Operations Act 1997. Individual fines may be up to $200.00 or business up to $400.00. The maximum penalty is $5000.00 per act.

Dealing with Community Noise Complaints:

1. First try to talk to people. Try to solve the problem amicably by talking to whoever is causing the noise. Often people do not realize they are being noisy and are happy to work with you to solve the problem.
2. Contact your Association Manager. They can serve various notices/warnings requiring the noise to be controlled and advising what noise levels are acceptable.
1. Use of a Sound Level Meter
2. Noise mitigation techniques for new development, residential activities and construction.
3. Noise control compliance
3. A noise abatement direction may be issued if the noise continues after warning/notices. It can be enforced up to 28 days from the time it was issued. Any person who fails to comply with it can be fined up to a maximum of $5000.00 per act or issued with a $200.00 on- the-spot fine ($400.00 for a business).
4. Unpaid fines will be collected via our property lien process.

Construction

 “Noise Generating Activities include,” but are not limited to, the following:

Operation of Heavy Equipment                                     Operation of Light Equipment

Tractors                                                                       Jackhammers

Backhoes                                                                     Vibratory Compactors

Graders                                                                        Generators      

Pile Drivers                                                                   Augers

Cranes                                                                         Etc

Forklifts

Dump Trucks

Water Trucks

Etc.

Use of Hand Tools                                                       Other Activities

Hammers                                                                      Loud Radios

Power Saws                                                                 Yelling

Drills                                                                            Whistling

Nail/Staple Guns                                                           Etc.

Etc.

Comments from last month’s meeting:  We could charge a large fine for anyone burning anything other than wood.   We could say no construction burning or make a list of things that could not be burned.  We could make the new regulation apply to new projects coming in.  It should be part of the construction regulation.  Let everyone know upfront to make it part of their construction budget.  The issue is air quality.  If you have children, do you want them to be breathing these fumes?  Ninety percent of other subdivisions in the County do not allow burning.  We do not want to say there can be no outdoor fireplaces or recreational bonfires. The Town requires contractors to keep a free pile of wood, so that people who burn wood can go around and collect it.  In conclusion we could say no construction burning and the possibility of a free wood box.

Comments from this meeting:   This regulation would not go against recreational fires.  The County says that backyard fire pits are okay if they are 6’ in diameter or less.  CB South is one of the last subdivisions left where you can burn construction waste.  Contractors are hauling in waste from other areas to burn here.  Bill made a motion to approve a no-burning construction debris ordinance.  Al seconded the motion.  All voted in favor of the motion.  The ordinance will be retroactive and apply to all current construction projects.  A warning will be given first.  A sign will be posted at the entrance of CB South.  The Fire District can give a warning, but it does not have a mechanism to pose fines.  The POA proposes a fine of $500 per violation.  There should be an educational time period.  The POA also recommends that a free wood box be placed in front of every construction site.  We could enclose a copy of the County’s ordinance in a mailer.  The Fire District says that if you are planning a recreational fire, you should call them first to notify them.

Camp 4 Coffee Tavern License Request

Al stepped down from the Board for consideration of this item.  Al is seeking a letter of approval to take to the County for a tavern license.  He wants to serve beer primarily for the summer and also expand his breakfast service, possibly adding Bloody Mary’s or Mimosas, etc. Food would be served with the drinks.  The following items have been defined as follow:

• Anticipated hours of service – 5:00 am to 9:00 pm
• An additional lighting would be reviewed by Chris before installation.
• No additional signage
• Outdoor music could be provided by a small boom box
• Sign would be installed as notification that alcohol must be kept on site.  Also, alcohol would be served in glass cups only

Bill made a motion to approve Al’s business change of use per the items outlined.  Pete seconded the motion.  All Board Members voted in favor of the motion.

Covenant Enforcement:  Temporary Structures, Trailers, RV’s

The covenant language (Appendix U) concerning Lot Appearance states the following:

“No trailer, mobile home, motor home, truck camper, camper van, camper bus or any other vehicle containing living quarters capable of habitation shall at any time be used as a residence, permanently or temporarily, or shall be stored on any Crested Butte South Lot or street for more than on consecutive overnight period.”

The question is, should the POA enforce this covenant section as written or pursue a covenant change?  The possible changes that were discussed at the meeting include:

• Saying you can park them but not live in them
• Saying you can park them but must screen them
• Saying it has to be a registered vehicle parked in a regular parking spot on your property
• Saying that in winter months you can have your snow mobile and in summer you can have your camper
• Modify the rule to say all trailers, but have a size limitation

When asked if we should just start enforcing the existing rule, the Board responded:  Bill, no; Al, no; Pete, yes; and Leigh, no.

It was concluded that Appendix U should be amended.  We should come up with language, put it on the ballot and let the people decide at the annual meeting.  We will find out what they want to do.  The process needs to be started now; a proposal should be mailed out to all property owners. In addition to the mailing, it should be put in the newspaper.  Property owners could mail in their ballot or vote at the annual meeting.  The proposed language of everything we want to vote on should be decided on at the next meeting.

Sunset Hall Use Discussion

Sunset Hall has been getting very little use.  Allowed uses could be re-evaluated to allow commercial or for-profit operations to rent the space.  Why not try to get some more community use out of it?

Ideas proposed in the discussion included:

• Screening the applicants to make sure the proposed use is a service to the community
• Setting a different fee structure for use on a regular basis
• Developing language to prohibit certain uses
• Allow community related uses commercial or otherwise, with prior review by Chris
• Make the parameter be community

In conclusion, a recap of the allowed uses of Sunset Hall would be any use that is educational, and benefits the community, but there should be no sale of goods.  Chris should put an ad in the newspaper to promote greater use.

360 Degree Architectural Requirement

The following language was proposed to be added to the residential design guidelines:

“360 degree” architecture is generally required.  All sides of all buildings are to be treated with the same architectural style, use of materials, and details as the front elevation of the building, as determined by the CB South Property Owners Association and/or its Agent(s).

The Board agreed with this proposed language.  Leigh made a motion to approve that it be added to the residential design guidelines as written.  Bill seconded the motion.  All Board Members voted in favor of the motion.

Property Acquisition Discussion – this discussion was postponed

CB South Playground Improvements

Instead of trying to fix what is out there, we could think about getting other/new equipment.  We can possibly get a price on an outdoor climbing rock like the one being done for Gunnison Middle School .  We might want to also address another age group.  For future park improvement, consider skate boarding things, but start small on a skating park.

Miscellaneous Issues

            Post Office Boxes – The boxes are installed but we are waiting for the post office to get the special locks so only postal employee can open the boxes for loading the mail.

            Hockey Grant Money – We have been granted $3800 for the hockey rink to conduct some electrical system improvements and construct a ADA ramp into the existing warming house.

            Board and Committee Member Dinner – It was decided that the dinner should be at the Timberline Restaurant following an abbreviated meeting on June 14^th.

            Fence Repair – Repairs on the perimeter fence have been completed. The cost is less than the budgeted amount.

With no further business to attend to, at 10:00 , the meeting was officially adjourned.

Respectfully submitted,

Crested Butte South Property Owners Association, Inc.

Louise Johnson                                                 Al Smith

Staff Assistant                                                   President