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CRESTED BUTTE SOUTH
PROPERTY OWNER'S ASSOCIATION
AUGUST 8, 2006
REGULAR BOARD MONTHLY MEETING MINUTES
At 6:01 pm, Al Smith, President of the Board, called the meeting to order.
Board Members Present: Al Smith, Peter Carey, Dave DiBerardino, Erin Dellaporta, Don Montgomery
Staff Member Present: Chris Behan, Louise Johnson
Homeowners Present: Clair Haverland, Kent Berryman, Sue Schappert, Keith Bauer, Joe Currier, Vicki Church, David Baxter, Gerry Bartush, Barbara Bartush, Keith Bowers
New P.O.A. Board Members Oath of Office: Al, Erin, and Don signed copies the Oath of Office.
Election of Officers: Al was nominated to be President for one more year. Dave seconded the nomination. Al nominated Dave to be Vice President. Pete seconded the nomination. All Board Members voted in favor of the nominations.
Approval of Minutes: Copies of the July 12, 2006, Regular Board Meeting Minutes were presented to the Board Members prior to the meeting. It was noted that the lot number of the Little Red Schoolhouse should be correct to read Lot #38, as addresses 49 Gillaspey Avenue. Dave made a motion to approve the Minutes as amended. Pete seconded the motion. All Board Members voted to approve the July Minutes.
Financial Report: Financial reports presented to the Board included the Monthly Budget Summary, Cash on Hand as of July 31, 2006, additional reports of cash in the bank for the Money Market, Operating, Hockey Rink, and Performance Deposit Accounts for the period of July 1, 2006, through August 8, 2006, and check registers showing expenses paid for that period. Additionally, a summary of CD accounts was presented in the financial package, showing interest earned. Chris explained the calculations on the Monthly Budget Summary. Pete made a motion to approve the financial report as presented. Dave seconded the motion. All Board Members present voted to approve the financial report.
Unscheduled Property Owners Comments:
Discussion with the Crested Butte Land Trust: The Land Trust has a contract to purchase the Niccoli Ranch. They are asking CB South Property Owners to fund $4,000,000 of the purchase price of $6,200,000. The Town of Crested Butte has agreed to give the Land Trust $1,000,000 out of their transfer tax/open space preservation fund. Keith Bowers, Joe Currier, David Baxter, and Vicki Church were at the meeting to represent the Land Trust. Keith Bower opened the discussion. He was present to support the Land Trust in their goal to preserve open space. Brian Dale, who has lived in CB South for 25 years and has been a Board Member, felt that purchasing the Niccoli Ranch was a good opportunity to have something similar to the Town Ranch, and property values in CB South would increase. They think we are in danger of high density development in that area. The P.O.A. expressed the thought that CB South would benefit from a piece of the land for a Park and Ride lot. However, Land Trust representatives argued that they didn't think the people of CB South wanted a park and ride, and that the bus should come into CB South instead. The representatives added that we ought to send out a survey to see if the people want the Park and Ride. The Land Trust wants to stay away from the possibility of land for a parking lot by the intersection of Highway 135 and Cement Creek Road; they want to keep all of the land by Highway 135 as open space. Conversely, if they cannot raise the purchase money in other ways they would have to put a few homesite's on the land (closer to the East River and CB South), and that would limit what they can use the land for. In order to maintain the water rights on the land, they have to maintain its agricultural usage. Al Smith pointed out that the CB South P.O.A. does not have much money. If we are going to propose a transfer tax to our property owners, it would have to pass with a majority vote. In selling the Land Trust proposal to the owners, they would probably ask what they get out of it. The P.O.A. Board was asked what the time frame would be on coming up with the money, if a special assessment was approved by the CB South Property Owners. Chris answered that we first have to have a master plan to take to the property owners - to identify what we would be trying to get the Property Owners to vote for - or a picture of what CB South's participation will do for the future use of this property. The Property Owners Association would not likely be able to take action within the Land Trust's time frame. The Land Trust is scheduled to close on October 20th and needs to have 40% of the necessary funds to close. For anything to take place on the P.O.A. side, they would first have to get people together who identify with what CB South owners want, and then there would have to be a discussion between CB South and the Land Trust to see if those things were practical. It would then have to go to a vote and pass with 51% of the owners supporting a special assessment on themselves. In order to get the vote we would have to campaign and tell people what benefit they would get from the deal. If we lumped this proposal with the other proposed covenant changes, a mailer could go out in about a month. In support of the Land Trust's appeal, one property owner felt that this would be a great opportunity for CB South people to buy into the Land Trust's vision. They also believed that this should be a totally separate project, not linked to the transfer tax, and that it could perhaps be a mandatory assessment. The P.O.A. Board could possibly meet with the Land Trust to further discuss their wishes. The Land Trust asked the Board for a letter of support. The Board agreed that Chris could write a letter. An update on the Land Trust's status was requested for the September 1, 2006 Board Meeting. Additional information was brought out pertaining to the park and ride. Starting this winter, the RTA bus will be coming up and down Hwy 135 five times a day. The RTA is driving the discussion for five (5) park and ride locations along the 135 corridor, and this location is a very important one for that transportation route.
Final Architectural Project Review:
Lambert Single-Family Addition with Attached Garage
Lot 9, Block 10, Filing 2 - 108 Escalante Street
Plans were presented for final approval. They are removing the existing garage and proposing to construct and addition that will connect the existing house to a new 2-car garage. Dave made a motion to approve the plans as presented. Pete seconded the motion. All Board Members voted in favor of the motion.
Berryman Goble Detached Garage and Variance Request
Lot 9, Block 10, Filing 2 - 594 Bryant Avenue
Kent Berryman made a presentation outlining reasons for his variance request. CB South Covenants allow one residential structure and one garage or outbuilding per lot. This variance is requested to allow three structures on this lot (house, shed, garage). The owner does not feel he can build an unattached garage in an effective manner because of the way the house sits on the irregular shaped lot. He doesn't want to connect with a breezeway because he feels it doesn't work with the architecture of the existing house. The Board wants to be consistent in variance decisions and feels there is not sufficient hardship in this case to grant a variance. The owner can build an attached garage if he gets rid of or attaches the shed to the proposed garage. He agreed to sketch out the attachment of the shed to the garage. Dave made a motion to deny the variance. Al seconded it. All Board Members voted in favor of denying the variance request. Pete made a motion to approve two structures on the property within the setbacks and let Chris approve the sketch of the shed attachment or removal. Al seconded the motion. All Board Members voted in favor of Pete's motion for approval.
Continued Business:
Proposed Covenant Change Language for Ballot Consideration:
Dues Increases (of more than 10%)
Covenants do not allow the P.O.A. to increase dues by more than 10% per year without an affirmative majority vote of property owners. Dues increases of more than 10% could be justified by identifying the use of funds for capital improvements. The Board decided on the following capital projects:
1. Increase P.O.A. Staff to help better fulfill our obligations to property owners.
2. The construction of a sidewalk starting with one along Teocalli Road, along with continuing the design and construction of various other sidewalks in CB South, possibly a streetscape improvements plan i.e. a street tree planting program and possibly a few street lights, including installation, and a recreation path to town.
3. A Parks and Recreation Master Plan that would identify locations for potential projects, such as playground improvements, that could be phased in and constructed as funds become available.
4. A shuttle or bus service between Crested Butte and CB South
5. The acquisition of land for future parks, schools, open space, trails, transportation and potential future parking needs.
The Board agreed on the following proposed annual dues: Vacant land from $92.11 in 2006 to $175 in 2007; Residential units from $184.14 in 2006 to $300 in 2007; Commercial units from $379.87 in 2006 to $450 in 2007. In 2008 we could go back to the 10% annual increases if needed. The covenant change ballot could be a simple vote for or against the increase in the dues for all three categories as noted in order to help fund capital improvements projects.
Residential Height Measurement Change
The current covenant language regarding allowable height for residential structures is: "No single or multifamily structure may be erected or placed upon a residential lot which exceeds thirty (30) feet in height measured from the average grade surrounding the structure to its highest point." The Board agreed to recommend a new way to measure height that could be put to a vote of the property owners. The new language proposed would be: "No portion of any single or multi-family structure in CB South (except for chimney elements) shall exceed a true vertical dimension of 32 feet above the natural grade directly below. No exceptions shall be made for steep lots."
Commercial Building Height Maximum Prescription (in feet, not stories)
The current covenant language regarding allowable height for commercial structures is, "No structure on a commercial lot shall exceed two stories in height, exclusive of chimneys." The language agreed upon to be taken to a vote is: "No portion of any residential, commercial or mixed-use structure on the CB South commercial perimeter lots shall exceed a true vertical dimension of 32 feet above the natural grade directly below. No portion of any commercial or mixed-use structure on CB South commercial core lots shall exceed a true vertical dimension of 35 feet above the natural grade directly below, regardless of the number of stories."
CB South Capital Projects Transfer Fee
Toward the goal of ensuring the quality of life and benefits of existing and future property owners and providing amenities and services that will improve the conditions affecting health, safety, and the general welfare of the community of CB South, the following language was agreed upon to put to a vote of all property owners.
"All land included and shown on the plats of Crested Butte South, except land reserved for community uses and purposes, whether owned by the Company or by others, shall be subject to a CB South Capital Improvements Transfer Fee to be collected each and every time a property is sold. The charge shall be 1% of the total purchase price of said property, as verified with the Gunnison County Clerk and Recorder's Office, and with a copy of the purchase contract provided to the Property Owners Association. This fee is required to be paid to Crested Butte South Property Owners Association, Inc., prior to the transfer of title for said property.
The funds collected by this fee shall be for the purpose of creating and maintaining a Capital Improvements Fund. This charge may not be adjusted by the Committee without the affirmative vote of a majority of the then owners of lots, each owner being entitled to cast one vote for each lot owned and/or annual maintenance fee paid.
The Committee shall apply the funds thus received, so far as the same may be adequate, to the costs and expenses associated with Capital Improvements. A minimum of 75% of this fund shall only be used in the design and construction of Capital Improvements within CB South, and the remaining 25% shall be allocated for the purposes of operation and maintenance of these Capital Improvements as needed. The Committee need not duplicate any service available from any governmental agency, public authority or improvement district. The Committee shall exercise its discretion as to the expenditures from said Fund for any of the purposes anticipated, and its judgment in that regard shall be conclusive on all parties. The Committee does not insure or guarantee the adequacy of the Fund provided for hereby for the purposes hereinbefore set forth."
It was also suggested that there should be a date and timeline added to the language of this proposed amendment, such as it not going into effect for six months. It should not be specified whether the buyer or the seller pays the tax; that is a point of negotiation between those two parties.
Board/Committee Member Compensation
CB South Bylaws prohibit the compensation of any P.O.A. Board or Committee Member. A resolution was proposed to vote for allowing compensation. However, it was felt that this proposal might bring out negative votes, and it was decided to put it on hold. Compensation for the Design Review Board could be put into the Special Area Regulations.
Detached Accessory Unit Allowance
CB South covenants allow for only one residential structure and one outbuilding per lot. This doesn't allow for a detached accessory unit above a detached garage, or a stand alone accessory unit. To allow for detached accessory units, the following covenant change was proposed: Only one structure for use as a dwelling place shall be constructed on any lot or cluster development. One outbuilding which may be a garage or storage building or a combination of the two may also be constructed. (New addition) "An exception will be granted for accessory units that meet all of the requirements outlined in the CB South Residential Design Guidelines, as may be amended from time to time."
Parking Requirements as related to RV's, Trailers, and Outdoor Storage
This is a difficult issue because the covenants have not been enforced in the past regarding this matter. A covenant change was proposed that tried to balance the needs of residents and their desired lifestyles while at the same time protects the appearance and value of the neighborhood. After considering the proposed change the Board decided it might be best not to change the existing covenants in this matter. Rather they should work out a CB South reasonable rule that the Board can consider and adopt at the next available meeting.
Association Manager's Report:
Miscellaneous Business - Nomination of Joe Rem, DRC Volunteer
Joel Rem submitted a letter to be considered to serve on the DRC. After considering Joel's qualifications, Al nominated him to serve as an alternate on the DRC when needed. Pete seconded the nomination. All Board members voted to approve this motion.
The meeting was officially adjourned at 11:00 pm.
Crested Butte South Property Owners Association, Inc.
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