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CRESTED BUTTE SOUTH
PROPERTY OWNER'S ASSOCIATION
OCTOBER 11, 2006
REGULAR BOARD MONTHLY MEETING MINUTES
At 6:00 pm, Al Smith, President of the Board, called the meeting to order.
Board Members Present: Al Smith, Dave DiBerardino, Peter Carey, Don Montgomery
Staff Member Present: Chris Behan, Louise Johnson
Homeowners Present (per sign-in sheet): Clair Haverland, Graham Ullrich, Joe Matyk
Approval of Minutes from Previous Regular P.O.A. Board Meeting: Copies of the September 13, 2006, Regular Board Meeting Minutes were presented to the Board Members prior to the meeting. A quorum of Board Members (who were in attendance at the previous meeting) was not present. Therefore, approval of the September 13th minutes will be reconsidered at the November 8th Regular Board Meeting.
Financial Report: Financial reports presented to the Board included the Monthly Budget Summary, Cash on Hand as of September 30, 2006, additional detailed reports of cash in the bank for the Money Market, Operating, Hockey Rink, and Performance Deposit Accounts for the month, and check registers showing expenses paid for that period. Additionally, a summary of CD accounts was presented in the financial package, showing interest earned. Following a brief explanation by the Staff of various items on the financial reports, Dave made a motion to approve the financial report as presented. Pete seconded the motion. All Board Members present voted to approve the financial report.
Unscheduled Property Owners Comments: No comments were generated during this allotted time period.
Final Architectural Project Review:
Moore Residence Detached 2-car Garage Addition
Lot 7, Block 29, Filing 4 - 55 Barbara Place
Plans were presented for final approval. The DRC had asked to see contour lines on the property and wanted verification that the driveway grade is according to regulation. The DRC also asked for elimination of the roof posts and the addition of a cricket on the roof. Details should be worked out, and the plans should be redlined in the P.O.A. office with Chris. The Builder needs to bring in stamped drawings for Chris to sign. Dave made a motion to approve the garage plans. Al seconded the motion. All Board Members voted in favor of the motion.
New/Continued Business:
Presentation on future pedestrian trail from Cement Creek Road to Brush Creek Road
Brian Dale, who is working to create a pedestrian trail from CB South to the Town of Crested Butte, made a presentation and answered questions. There are approximately 4-10 properties in CB South that border on the proposed trail's route. Brian is trying to contact the property owners to ask them to provide or donate an easement for the trail, and he is encouraging a fund that would reimburse the property owners. There will be a meeting t the P.O.A. office on Friday, October 13th, at 10:00am with an appraiser for easement donations. He will be able to explain the process that can yield tax benefits for the property owners donating their land. Brian showed a map of the proposed trail. When asked how the Board could help, it was suggested that the P.O.A. could lend money (maybe around $5,000 per lot) to the property owners who are in agreement to have the easement on their property. These property owners could pay back the P.O.A. when they get their tax credit money. There is also the possibility of getting grant money for the trail. Brian encourages everyone to support efforts to create the trail because it is an amenity that would benefit the whole community.
Motion concerning future action with the Crested Butte Land Trust's Niccoli Ranch Purchase (as it relates to the withdrawal of their request for a special assessment vote) The P.O.A. office received a message today that the Land Trust does not want the P.O.A. to pursue a special assessment or even put it to a vote. With that in mind, Pete made a motion that the CB South P.O.A. Board of Directors no longer pursues a special assessment, meaning we do not put a special assessment on a ballot for all of the CB South Property Owners to vote on in order to help the Crested Butte Land Trust with their purchase of the Niccoli Ranch. Don seconded the motion. All Board Members present voted in favor of the motion.
Performance deposit refund policy discussion
There was a concern about the language in the guidelines which states, "Any ground which is disturbed by any construction activity shall as a minimum be re-contoured to a natural form, top-soiled if necessary, seeded with native grasses and/or wild flowers, properly watered and cared for until the seed has matured." The question was asked, should the Board make a change and give money back before grass grows if all the preparation work is done? Joe Matyk is using a landscaping company that guarantees the grass will grow, and the same landscaping company may also do the maintenance. Joe also has installed a sprinkler system that should guarantee that the ground will be watered. Scott Hahn said that three-quarters of his property has grass growing. It is only a small strip at the back of the property that has not yet begun to grow. The Board agreed that there is not enough reason to change the rule, so the guidelines will remain as they are. Chris will use his discretion when doing inspections and refunding deposits.
Adoption of 2006/2007 CB South P.O.A. Goals and Objectives
The Board voted to formally adopt the following goals and objectives.
2007/2007 CB South P.O.A. Goals
- Align our Special Area Regulations by changing some existing covenant language.Obtain a Special Geographic Area Designation within Gunnison County.Achieve better community participation and involvement with the CB South Boards and Committees.Provide more clear and understandable height maximums and measurement guidance for all future residential and commercial construction within CB South.Design and begin to construct a sidewalk system for CB South, beginning with a separated sidewalk along Teocalli Road, and continuing to look at areas where a safer, vehicle-pedestrian interface is needed. This might incorporate a streetscape improvements planning element (i.e. a street tree planting/lightening program), and it would attempt to secure and build a pedestrian-oriented path that would ultimately connect CB South with the Town of Crested Butte.Modify our existing covenants to allow for residential housing unit alternatives by allowing detached accessory dwelling units on lots within CB South.Increase P.O.A. Staff to help better fulfill our obligations to all property owners.Develop 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.Create a shuttle or bus service between the Town of Crested Butte and CB South.
- Acquire land for future parks, schools, open space, trails, transportation and potential future parking needs, as we continue to grow.
2006/2007 CB South P.O.A. Objectives
All of the items listed below will require a vote of the property owners, supported by the majority, to change our existing covenants.
- Pursue a one-time increase of all Annual Dues Change the Commercial Height Measurement/RequirementChange the Residential Height Measurement/RequirementAllow for Detached Accessory ApartmentsAllow Board and Committee Members to be Compensated
- Create a Capital Projects Real Estate Transfer Fee
Al made a motion to adopt the goals and objectives as presented. Pete seconded the motion. All Board members voted in favor of the motion.
Adoption of P.O.A.'s Eight (8) Governance Policies - Per Colorado State Senate Bill 100, i.e. C.R.S. 38-33.3-209.5
The Board voted one by one to adopt the following governance policies. Copies of the adopted policies will be attached to the minutes.
1. Collection Policy. Dave made a motion to adopt this policy. Peter seconded the motion. All Board Members voted in favor of the motion.
2. Director Conflict of Interest Policy. Al made a motion to adopt this policy. Peter seconded the motion. All Board Members voted in favor of the motion.
3. Regarding Conduct of Meetings. Al moved to adopt this policy. Peter seconded it. All Board Members voted in favor of the motion.
4. Notice and Hearing and Enforcement Policy and Procedures. Al moved to adopt this policy with a revised fine schedule to be determined. Dave seconded the motion. All Board Members voted in favor of it. Dave seconded the motion. All Board Members voted in favor of it.
5. Policy Regarding Inspection and Copying of Association Records. Al made a motion to adopt the policy. Don seconded the motion. All Board Members present voted in favor of the motion.
6. Reserve Fund Investment Policy. Al made the motion to adopt this policy. Peter seconded the motion. All Board Members voted in favor of the motion.
7. Policy Regarding the Adoption and Amendment of Policies. Al moved to adopt this policy. Dave seconded the motion. All Board Members voted in favor of the motion.
8. Policy and Procedure Regarding Emergency Vehicles. Al moved to approve the policy. Peter seconded the motion. All Board Members voted in favor of the motion.
Approval of covenant change language for a 2006 Property Owners vote:
Specific language was proposed for each of the following items to be presented for a vote.
1. A one-Time Dues Increase for 2007 of more than 10%
2. A CB South Capital Projects Real Estate Transfer Fee
3. A Residential Height Measurement Modification
4. A Commercial Height Measurement Modification
5. Allowing P.O.A. Board and Committee members to be compensated
6. Allowing Detached Accessory Units in CB South
For Item 1, it was felt that the emphasis should be placed on the fulfillment of basic obligations as the reason the dues increase is needed. This item is the most important and should be mailed out first and by itself. The rest of the items may be mailed out together in one envelope at a later time. A period of six months should be given to get 51% of the property owners vote on the proposed dues increase. If the dues increase is approved after the statements go out in January 2007, the difference will be assessed in July 2007. For each item the existing covenant language should be presented along with the proposed change and new language.
Adoption of a regulation limiting trees and fences in CB South R.O.W.'s and easements
Adding language to the design guidelines to not allow trees, berms and fences in the right-of ways was discussed. Chris will bring some language to the next meeting that will include a discussion of easements.
Motion to limit the length of meetings (no new discussion after 10:00pm)
Dave made a motion not to start any new discussions or business after 10:00 pm in order to limit the length of meetings and stay on schedule. Peter seconded the motion. The Board Members voted unanimously in favor of this motion.
Motion to allocate all excess annual P.O.A. revenue to the next fiscal year's operating budget
Al made a motion to allocate any and all excess money at the end of each fiscal year to the following year's operating budget. Don seconded the motion. All Board Members present voted unanimously in favor of the motion.
Association Manager's Report:
Noxious weeds mitigation update:
The Metro office will contribute $5,000 for weed control next year within the CB South R.O.W.'s. The P.O.A. will try to match that amount when setting up the 2007 Budget.
Hockey Rink Improvements Update (and review of 2006/2007 Schedule):
Henning Electrical is rewiring the hockey rink and installing new switches and timers. The rink lights and the pond lights will be separately controlled. The advertising signs were removed so that the boards could be painted (and they have been). The inside of the warming house was also repainted.
October 26th Joint Meeting with Town of Crested Butte's Town Council:
This meeting is scheduled to take place from 4:00-5:30 pm on October 26th in Crested Butte. It will include discussion of transportation, an update on the Niccoli Ranch purchase, the town taxi, the proposed trail between CB South and the Town, and CB South's goals and objectives.
Delinquent Dues Collection/Lien Initiation:
In the near future, the office staff intends to contact our attorney, David Liensdorf, to begin the process of placing liens on delinquent properties. There are approximately 25 property owners who are delinquent in dues.
Preliminary 2007 Budget Discussion:
Chris has already started working on some budget items. Extra staff to enforce existing rules may be considered in the 2007 Budget. The Board requested a preliminary budget as soon as it is ready. A Master Plan for the park should also be considered.
Meeting frequency discussion:
Maybe 2 two-hour-long meetings twice per month would be better than one four-hour ling meeting. This will be considered on an as-needed basis.
At 9:30 pm the Regular Board Meeting was adjourned by Al Smith.
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