A new report done for Lewis and Clark County called the “Infrastructure Economic Analysis” uses the 46 Degrees North subdivision, proposed for the area just south of TSA, as a case study to examine the issue of whether it is cheaper to build infrastructure for residential housing in the county, outside city limits, than it is inside city limits. It essentially determines that it is cheaper for developers to build outside city limits. To see a pdf copy of the report, go to this link.
Meanwhile, the Helena Independent Record recently reported that the Catholic Diocese of Helena has plans for a large retail development just north of Lowes and behind the Target store and cemetery. The development would include an extension of Sanders street. This is relevant to TSA residents because it might provide an access point to the 46 Degrees North subdivision, which is required to have two streets entering and leaving the subdivision. Current plans call for 46 Degrees North to tap into TSA's Beaverhead Road. Here's a link to the Helena IR story.
TSA Homeowners Association dues of $25 are due every summer. To pay, send a check (make it out to TSA Homeowners Assn) to Treasurer Terry Atwood, 4230 Wolverine Dr., Helena, MT 59602.
If you have a question on a TSA matter or want to get on our email list, let us know at: sshirleymt@gmail.com
Treasure State Acres sits just outside -- to the south -- of the county's proposed flood mitigation zone. To see a map of the zone, you can go here.
Those residents living within the proposed zone would be required to pay $100 a month to pay for the RID program.
If you want to see maps that show how 25-year and 100-year floods could impact the Helena Valley, you can go here.
Great West 2023 report on TSA storm drains
Peccia report on TSA storm drains.
To see revisions to our proposed new covenants, see this link. (Uploaded Nov. 3, 2019)
To get a look at the proposed new covenants for Treasure State Acres, go to this link.
To see a PDF copy of the covenants for Treasure State Acres, go to this link. This copy is a old compilation of all of the covenants for each of the districts within the subdivision. This map shows what zone you live in. To get the official covenants for your district, you can go to the county clerk and recorder's office.
To see a PDF copy of the Peccia & Associates analysis of our TSA drain problems and recommendations of what to do about them, go to this link.
To see a PDF copy of the Peccia & Associates planning document for future repairs and improvements of TSA streets, go to this link.
MINUTES FOR TSA HOMEOWNERS' ASSN MEETING OCT. 22, 2024
Steve Shirley, HOA President began the meeting with a discussion of the storm drain situation facing Treasure State Acres subdivision. The HOA is about ten petitions short of the signed petitions needed from TSA homeowners to start the process for county consideration of a new RID that would fund an improved storm-drain system. If you still have not sent in your signed petition, please do so ASAP so we can decide who needs to be contacted. If that process doesn’t work, we might also send a few volunteers door-to-door to seek the signing of petitions. If you are willing to help with that, please let Steve know. Several residents, at the meeting, voiced their concerns and described their efforts to remedy the flooding situation on their properties.
If you have an opinion, either way, on the storm drain project, you may contact Steve Shirley, at 4150 Bobcat or email him at sshirleymt@gmail.com to discuss the issue. Although we only need a few more signed petitions to start the process with the county, this will take some time before a new RID would be approved. There will be hearings where TSA residents will have plenty of opportunity to tell us and the county what they think – yes or no – about this proposed project.
The improvements to the playground equipment in our park should start in the next week or two. The work is behind schedule because the equipment is being shipped from the Southeast, which has been battered by storms. Park Board member John Wilkins said the contract called for the work to be completed by Oct. 31, but the City/County Parks Board granted TSA an extension due to the delay caused by the storms. More realistically the improvements might not be done until mid-November. One of the improvements will be a new base for the playground area, so TSA residents who want some of the pea gravel that covers the existing play area can help themselves before the work begins.
Kate Passage agreed to serve as chair of a committee that will oversee the community-wide TSA annual garage sale. Those at the meeting voted to hold the community-wide sale on the Saturday after Labor Day starting next September and going forward in future years. A set date will give residents a chance to gather their sale items throughout the year and to know exactly when our sale will be held each year. If you are willing to work with Kate on that committee – helping with signs, advertising, and so on – please let Steve know.
Steve will soon order the supplies needed to do our annual Christmas Eve luminarias show. If you have been one of the street reps in the past and are willing to serve in that capacity again this December, please shoot Steve an email or text message (457-1918) to let him know. If you haven’t helped in the past, but are interested in helping this year, let him know and he’ll line you up with the people in your area who are handling things there. Otherwise, he’ll be in contact in a few weeks.
Treasurer Terry Atwood reported that after paying the county for the playground equipment of 15473.89 (4473.89 of this was from donations) that the HOA has about $10,000 in the bank. Over the last year we have
spent money on legal fees, Christmas Eve luminaria supplies, printing costs for meetings and petitions and website costs.
Steve Shirley reported that the cost of improving Bobcat, Kodiak and Cayuse drives is expected to be around $65,000. He said the cost is considerably below the cost of other recent paving projects due to decreases in oil prices and other factors. He said the HOA may consider doing other paving projects in the spring if the costs continue to be low.
An election of officers was held and are as follows: Steve Shirley, President; Terry Atwood, Treasurer; and Edie Witham, Secretary.
-- Report by HOA Secretary Edie Witham
MINUTES FOR TSA HOMEOWNERS' ASSN MEETING JUNE 11, 2024
The meeting was opened by Steve Shirley, HOA president, with the introduction of Jessica Makus, Special District Program Coordinator with the Lewis and Clark County Public Works Department. Ms. Makus reported on the latest update from Great West Engineering regarding the subdivision’s stormwater drainage problems and their suggested resolution.
The HOA hired Great West Engineering to analyze the subdivision’s storm-runoff problems and suggest solutions. The Public Works Department has been working with Great West and the HOA to resolve those storm runoff problems. The study was prompted by flooding of properties in the subdivision, particularly in the northeast corner, that has occurred during heavy rainstorms. County road officials say that, in addition to preventing flood damage to some TSA properties, the project should help protect TSA roads from water damage.
After examining several possible solutions, Great West proposed the installation of infiltration structures under several TSA streets. (You can find a copy of the 2023 Great West report on these infiltration structures on the top right portion of our “report and docs” page on our website: www.treasurestateacres.com) These structures would be installed under streets in three areas of TSA. Then asphalt would be replaced with a 3-inch overlay and continue over the entire road surface at a 1.5-inch depth in the affected road segments.
Great West identified the three priority areas for installation of these structures which would catch the most water and keep costs down. It is estimated the structures would capture approximately 64 percent of runoff. The priority areas are 1) Buffalo/Wolverine; 2) Bighorn/Cougar; and 3) Redfox/Bighorn. The total cost of the project would be just over $1 million.
Ms. Makus handed out a sheet showing that, under one of the options recommended by Great West, the estimated cost for each homeowner would be $338 a year for 15 years – plus a permanent annual cost of $44 a year for maintenance. The county would look at two options for financing, with one being for 15 years and the other being for 20 years. The county also would have options for various interest rates and lenders. (Bear in mind, these are just estimates. The actual amounts could be higher or lower, based on what the interest rate would be, the length of the loan, costs of materials, and so on.)
Ms. Makus explained that, to implement this solution to mitigate flooding in the subdivision, TSA residents must petition county commissioners to create a new special rural improvement district (RID) to fund this project. TSA petitions must have signatures from at least 20 percent of TSA property owners, and so HOA officials said they are hoping to get volunteers to help gather signatures.
If enough signatures are gathered, the county would hold several hearings, giving TSA residents a chance to comment, and gather more information, and object if they chose to do so.
A motion was made and seconded that TSA move forward with petitioning the county commission for the creation of an RID to do the storm-water drainage project.
Larry Thomas of the Park Board reported on the progress of the playground equipment for the park. The county park board is providing a $45,000 grant for the project. The TSA homeowners’ association donated $10,000 to the cause, while individual donors gave $3,800 (some coming from their TSA garage sales.) The remainder of the money is coming from the park-maintenance fund that comes from taxes paid by TSA residents.
Game Time had the winning bid of $93,000 to provide the equipment and perform the installation. The only existing piece of playground equipment that will still be used is the slide. All other pieces will be new. The scheduled completion date is Aug. 10.
Terry Atwood, TSA treasurer, noted that, after the TSA HOA donated $10,000 to the playground project, it still had about $10,000 remaining in its account. He said the HOA recently spent about $1,500 on legal fees to address a covenant violation where multiple people were living on a property outside the home on the property. The people who were living outside the home have now departed.
Atwood also briefly discussed the subdivision’s RID account for street maintenance. Money in the fund also is used in winter months for street plowing, and Atwood noted that the HOA has been getting good feedback on the performance of its new snow plower, Mike Cote. Several in the audience agreed.
Atwood said the RID now has about $125,000. Some of that money could be used this summer to perform paving projects, which are yet to be determined.
HOA dues of $25 are due and payable to Terry Atwood, 4230 Wolverine, Helena, MT 59602. (Make your check out to TSA Homeowners’ Association)
-- Report by HOA Secretary Edie Witham
MINUTES FOR TSA HOMEOWNERS' ASSN MEETING, NOV. 6, 2023
The meeting was opened by Steve Shirley, HOA president, with the introduction of Jeremiah Theys from Great West Engineering. Mr. Theys, the firm’s Business Unit Manager, outlined the subdivision’s stormwater drainage problems.
Mr. Theys explained how, in recent months, his firm had divided the subdivision into basins to study the flow of water from both summer and winter storm events. The next step was to identify problem areas, then determine the best solutions.
Mr. Theys said one of the solutions he explored was reaching out to the Montana Department of Transportation to determine if the flow of storm water from the subdivision could be increased into the drainage ditch that runs along the interstate. However, MDT ruled out this option, and thus the runoff will need to be collected within the subdivision, he said.
Theys and his team also looked at the possibility of diverting excess storm water runoff to the TSA park. He said this option probably isn’t viable because of the cost of getting the water to the park, which is at a higher grade.
Theys said his firm’s study has led to the conclusion that the best solution is the installation of an Isolator Plus drainage system, which consists of elongated chambers buried under TSA streets to provide a place to store storm water as it filters into the ground. (You can find illustrations of the Isolator Plus chamber system and maps of where it would be installed at this link).
Theys said he hopes to get his final report completed in December, and it will include projections of the cost. Terry Atwood wondered if the project could be done in two phases, with installation of half the chambers furthest away from away from the northeast corner of the subdivision, in order to 1) Determine if that might solve the problem, and 2) Help ease the financial impact on TSA property taxpayers. Theys replied that that approach might be sensible.
Next, Matt Klara represented the TSA Park Board and reported on his meeting with Game Time, the company that has installed most of the playgrounds in the Helena area. Mr. Klara presented two design options for the playground and those photos can be found on the TSA website (www.treasurestateacres.com) with links to the two designs. The cost of both designs will be about the same (in the $94,000 range) and fundraising will begin when a design decision has been made. A motion was made that TSA HOA will donate $10,000 to the project. The motion was seconded and passed.
The old slide will be the only existing piece of playground equipment that will be saved, and it will be moved to the northwest corner of the playground area. All other equipment will be new and will be installed by Game Time.
Terry Atwood, TSA treasurer reported that just over $900 was donated from residents who participated in the community garage sale last September and will be given to the Park Board, in addition to the $10,000 from the HOA to kick off the fundraising effort.
A discussion of the Christmas luminaries showed strong support for continuing the luminary tradition. A motion was made and seconded that we continue putting the luminaries out again this year. There are a few streets that still need to have street reps to be in charge of the assembling and distribution of the luminaries. If you would be able to have the supplies delivered to your house and be in charge of notifying the residents on your street for help with filling the bags with sand and candles, please contact Steve Shirley.
It seems to bring the Christmas spirit to the neighborhood if we all pitch in and help with this lovely tradition that the entire area enjoys so much. The streets needing reps are Otter, Red Fox, Cougar, and The Buffalo area.
Luminary making is a good way to get to know the new folks who have moved into the subdivision in recent years.
Meanwhile, Mark Mobley, facility manager for the LDS temple, said the LDS church will resume its tradition of placing luminaries around its property as well as setting up a nativity scene and accepting donations for Helena Food Share.
-- Minutes prepared by HOA Secretary Edie Witham
MINUTES FOR TSA HOMEOWNERS' ASSN MEETING, JUNE 6, 2023
The meeting was opened by Steve Shirley, HOA president, with the introduction of Jeremiah Theys, from Great West Engineering. Mr. Theys is the Business Unit Manager for the firm and reported on their study of TSA’s storm water drainage issues. An analysis of the identified issues in the TSA subdivision and the possible solutions were discussed in depth. Mr. Theys said one solution might be to direct some drainage to the park area to relieve the amount of water flooding and clogging the drains in the Buffalo/Cougar area.
Residents living on Buffalo and Cougar reported that they have flooding in their garages and yards and must be outside during severe rainstorms to keep the drains clear of garbage and debris that washes down to them from other areas of the subdivision.
Mr. Theys reported that Great West Engineering is in the information gathering stage and encouraged TSA residents to email any comments they have regarding the water drainage issue along with pictures to him at jtheys@greatwesteng.com. A recommendation proposal is anticipated to be presented to Treasure State Acres HOA sometime in October, 2023. Mr. Theys would like comments and photos to be submitted to him by September, 2023.
When discussion of the water drainage ended, with Mr. Theys asking for feedback from the TSA residents, Mark Mobley was introduced.
Mr. Mobley is the facility manager for the Temple and reported on the progress that has been made regarding the outside lights around the Temple and the parking lot. He informed residents that the parking lot lights have been fixed and he will be able to control the brightness as much as needed. He stated that the parking lot lights would be dimmed considerably. They are motion controlled and come on 15 minutes before sunset. They will be set to turn off at 10 p.m. They will turn on again at 6 a.m. and shut off at sunrise.
The schedule for use of the Temple will be Tuesday through Thursday from 9 a.m. until 1 p.m. and from 5 p.m. until 9 p.m. Also it will be open Friday from 7 a.m. until 9 p.m. and Saturday from 7 a.m. until 1 p.m.
According to Mr. Mobley the dedication ceremony for the Temple will be held on Father’s Day weekend so residents should expect more traffic and activity around the Meetinghouse and Temple than in average weeks. He also said that the maximum capacity for the Temple is 100 people (he later clarified that’s for any three-hour period, but there might be up to 200 people a day during the week and 300 to 400 on Friday and Saturday.)
At any rate, future crowds, he indicated, will not be nearly as large as the ones that came to tour the tours of the Temple.
Mr. Mobley was asked what effect the new Meetinghouse and Temple would have on the TSA sewer system. He didn’t expect the Temple to cause any issues with the sewer system of the subdivision. (We asked him after the meeting to clarify, and he said that the sewer discharge from the LDS property isn’t monitored, but the water coming in is metered – under the theory that what comes in must go out. He said that if the LDS facilities exceed their allotted amount of water usage then they will pay a fine to the TSA district.)
The next presentation was given by Matt Klara who is a member of the TSA Park Board. He spoke to the fact that the Board was looking into updating the park and making it user friendly for all ages and also what was needed to make it ADA accessible. He has a meeting scheduled with Game Time, a company that has outdoor recreational products to help create a playground for all ages and abilities.
Terry Atwood, TSA treasurer reported that the HOA has about $19,000 available and could spend some of it to help fund the playground. Other funding options were also discussed, including a GoFundMe account, a community block party, and a community garage sale. Steve Shirley commented that the garage sale could be held in September, thus giving residents time to gather items they would like to sell. It was suggested that perhaps a percentage of each resident’s personal garage sale proceeds could be donated to the park fund to improve playground equipment.
There will be more information on the cost of new playground equipment after Mr. Klara meets with Game Time representatives and is able to get a proposal from them.
One of the last items on the agenda to be discussed was if we should suspend the yearly dues. Mr. Atwood reported that he had been able to collect back dues when homes were sold recently in Treasure State Acres, so the account was pretty flush at present. Some residents thought the dues were reasonable and should continue to be collected. Nan Cervenka made a motion not to suspend the dues and Jacquelyne Armstrong seconded the motion. The motion passed.
The final topic of discussion was the election of officers. The officers for the coming year are as follows:
HOA President Steve Shirley
HOA Vice President Jon Mannix
Treasurer Terry Atwood
Secretary Edie Witham
-- Minutes prepared by Edie Witham
MINUTES FOR TSA HOMEOWNERS' ASSN MEETING, OCT. 13, 2022
The Treasure State Acres Homeowners’ Association voted unanimously last Thursday to hire an engineering firm to further refine its plans to deal with water runoff and drainage issues in the subdivision.
Those attending the HOA meeting made the vote after a long discussion with Calob Marquis of the county public works department. One of the primary issues discussed was the installation of a larger drainage pipe or a ditch at the east end of Buffalo Road – a project an engineering firm could design.
The HOA has worked closely with the public works department on planning for maintenance and improvements in TSA’s streets. With the county’s help, the HOA hired the Peccia engineering firm to assess our streets and recommend a maintenance schedule in 2015.
In 2016 Peccia did another report that analyzed our street drainage problems and recommended improvements to our French drains. A portion of the work recommended was done last year when a number of drains were expanded.
During storms, excess water drains from south to the northeast corner of the subdivision, and some residents, particularly on the north end of Cougar, have experienced flooding in their driveways and even garages when runoff is particularly heavy.
Several residents along Cougar attended the meeting and said the situation has gotten better the last couple years in the wake of improvements recommended by Marquis, but they said they’d like to see more done.
Marquis agreed that more should be done, noting that was one reason he’d like to see an engineering firm hired.
We hope to meet soon with county officials and an engineering firm, and hopefully that would lead to some work getting done next year.
At last week’s meeting, we also learned from the county that our TSA RID fund currently contains about $90,000, with about $70,000 more expected to come in from 2022 property tax payments.
-- Steve Shirley, HOA president & Terry Atwood, HOA treasurer
MINUTES FOR TSA HOMEOWNERS' ASSN MEETING, MAY 25, 2022
The meeting at the West Valley Fire Hall opened with a presentation by Johnny Watson, an Idaho architect who is supervising construction of the LDS temple and meeting hall. Watson addressed questions from TSA residents that focused on the lighting of the temple, traffic and parking, construction impact on TSA streets, and landscaping.
Watson said church officials and those working on the temple’s construction recognize resident’s concerns about how bright the temple’s lights could be to the neighborhood once work is done. He said most temples are larger and some distance from homes, and may be brightly lit, even through the night.
Watson said that, when he met with the designers of the Helena temple, he emphasized that they should keep in mind it is in a residential neighborhood with homes nearby. He said he and his crew “are very cognizant of where this sits and how this affects your homes.”
Watson said the new temple was designed so the lights shining on it can be dimmed if they are too bright. He said LDS officials will listen to TSA residents once the project is done to get their input about levels and times of day the temple is lit. “It’s definitely going to be a trial-and-error process,” he said, adding that “Our goal is to be a good neighbor.”
Watson said there will also be lights in the parking lot, which is being expanded to 160 slots. They will be more energy-efficient LED lights. The landscaping also will be greatly improved, he said.
After hearing concerns about additional traffic, Watson said the new temple shouldn’t generate more traffic on Sundays – typically one of the busiest days on the LDS schedule. He said the temple will generally host things like weddings and baptisms that are family events and draw smaller groups.
Watson didn’t provide a deadline for completion of the temple but indicated the meeting house will be done by fall. He said there will be an open house at the temple for a month or so once it is completed so the public can tour the building. He said the construction crews, like those elsewhere, have been beset by supply problems. The pandemic has made it “impossible to schedule and manage costs,” he added.
Watson was also asked about the impact of the project’s heavy equipment on TSA streets, and whether the church could help when it comes time to pay to put a new coat of asphalt on Bobcat. Watson acknowledged that there could be an impact and said he’d bring the issue up on a meeting with LDS officials. He noted that the church helped pay for a study of TSA sewer issues as the sewer and water board considered the LDS request to have the temple added to the system.
Watson also introduced the new facilities manager for the temple, Mark Mobley.
Watson’s presentation was followed by a wide-ranging discussion of potential violations of TSA covenants. Several TSA residents complained about activities near their homes that they felt might violate covenants.
One involves an alleged marijuana-growing operation in the back yard of a TSA resident. The complainants said the operation generated a lot of late-night traffic, it was an eyesore due to a tall wood fence erected around the back yard, and it lowered property values. “When they (customers) are high they take off and they endanger kids,” said a neighbor.
Some TSA residents also raised concerns about a house that has been converted into an AirBnB rental property. “There’s a constant flow of cars coming and going,” said one nearby resident. “It’s made the character of the neighborhood go down the drain.”
The HOA’s attorney, Abby St. Lawrence, and other TSA officials provided a history of TSA’s covenants and addressed the complaints. TSA has about eight different sets of covenants since the subdivision was developed in different phases, and each set applies to different parts of the subdivision. The covenants are similar in most regards, but also can vary from one part of the subdivision to another.
Because of the differences, TSA officers wrote one proposed new set of covenants several years ago that could replace all eight old covenants and allow for a consistent set of standards. Those proposed new covenants came close to passing, but failed because of the high standard of approval (80 percent in some cases) required by the old covenants.
TSA officers had hoped to make another attempt at passing new covenants, but St. Lawrence noted that a new law passed by the last legislative session will make that difficult if not impossible. That law requires that any HOAs that want to upgrade or implement more restrictive covenants must get 100 percent approval of their residents.
St. Lawrence said TSA’s old covenants are unique compared to many you’d see in newer Montana subdivisions because they aren’t very prescriptive and they are more ambiguous. That makes them tougher to enforce. “Most subdivisions I deal with have much more prescriptive covenants,” she said.
She noted, for example, that our covenants don’t specifically preclude AirBnBs or marijuana growing operations – types of issues that arose long after the covenants were written.
Yet she indicated that the HOA may be able to use existing covenant language in some cases to deal with problems that crop up. She did warn that, if the HOA ever wants to pursue a case by using litigation, it could be costly.
For that reason, St. Lawrence said, her first choice is to see if she can work with government regulators who might have some leverage to stop activities that TSA residents are concerned about. For example, she has contacted government agencies to determine if the marijuana growing operation has the necessary state permits. In another case, St. Lawrence has been working with the state to determine if a new daycare operation also has the necessary permits.
HOA President Steve Shirley gave a rundown on street and drain improvement plans. He said the newly installed drains seem to be working well after storms. He said Bobcat and the west end of Kodiak are two streets that need new layers of asphalt but they won’t be done until after the LDS project is completed.
For the next year or two, he said, most of the focus will be on the Buffalo Road area, since Buffalo also needs work and most of the TSA’s water drains that direction. He said he’ll be working with county officials to determine what needs to be done to improve drainage off Buffalo and the north end of Cougar.
Treasurer Terry Atwood said the HOA fund normally has only $8,000 to $10,000 in it, but the fund has grown closer to $18,000 because so many homes have been selling in recent years and title companies are getting better about collecting past dues owed the HOA.
Atwood said the HOA has about $4,000 in expenses each year, mostly from distribution of Christmas luminaria material and legal expenses.
Those at the meeting were asked if they felt it was necessary to continue the $25 annual dues this year since the HOA fund is flush. It was decided by consensus to continue the dues because of the potential for costly litigation over covenant violations.
Several in attendance also asked if something could be done to reduce the impact of the fireworks shot off every Fourth of July in TSA, particularly in the park. Some described messes not cleaned up and damage, including destruction of foliage and dead birds, blasts well after midnight and for periods well beyond the holiday period. “It’s a war zone at our end of the neighborhood,” said one man, who added that he was told by a fire official that fireworks couldn’t be shot in public parks.
Larry Thomas of the TSA parks board, however, said it is legal to discharge fireworks in the park, although the county has set certain conditions in terms of days and hours.
President Shirley said he’d prepare a notice for TSA residents in a few weeks that urges those discharging fireworks to show more courtesy to those who don’t enjoy the fireworks at odd hours or beyond the 4th, and to clean up after themselves.
There was no election of officers as no one at the meeting expressed an interest an interest in running for any HOA office. Shirley and Atwood said they would continue to serve as president and treasurer, respectively, since no one else wanted to serve.
-- Report by TSA HOA President Steve Shirley
A NOTE TO TREASURE STATE ACRES RESIDENTS
October 14, 2020
Wanted to give you an update on Treasure State Acres events and news since we did not have an HOA meeting this spring due to the pandemic, and we’ve decided not to have one this fall. We don’t have anything particularly pressing, and we felt we can just fill folks in with emails, our web site and a Facebook note. Anyone who has questions can send them to myself or Terry Atwood and we’ll try to answer them as best we can.
A few folks have asked about payment of our annual dues of $25, which we remind people to pay when we send out meeting notices. We decided we would give TSA residents a one-year reprieve on the annual payment this year since so many people are feeling the financial squeeze due to a job layoff, and so on. Also, our TSA coffer has $12,000 in it, so we are not desperate for funds right now.
About 20 TSA families have paid their dues so far this year, and we will apply that money towards payment of their 2021 dues.
One TSA resident asked if we shouldn’t continue to seek payment of dues this year in order to build our fund for a possible future emergency. Our feeling is that, if we had an emergency along the lines of needing to pay for litigation, TSA residents would step up and answer our requests for additional donations, if we made a good case for the need. Also, if anyone wishes to make a “donation” rather than a dues payment this year, we won’t turn them down. Checks can be sent to Treasurer Terry Atwood at 4230 Wolverine, Helena, MT 59602. Or if you already paid this year and just want that to be a “donation,” let Terry know at terry@atwoodarts.com.
We haven’t spent much money in the past year from our HOA fund other than a few payments to our attorney, Abby St. Lawrence, who spent some time fine-tuning our proposed new covenants and a few other minor matters.
The last version of the new covenants was rejected by HOA voters last year (by a narrow margin) and we decided to try again earlier this year. That plan, however, was derailed by the pandemic. We are not yet sure when we will seek another vote on the new covenants. Much depends on how the pandemic plays out, as we may have to go door-to-door to collect ballots. We’ll keep you posted on those plans.
We were disappointed once again when our engineering firm didn’t get to our project to improve many of TSA’s French drains. We’ve planned for several years to add expansion tubes to many of our drains so they will have added capacity to cope with the heavy rain run-offs we sometimes get. The work is to be done on drains that have the worst problems in the subdivision. The engineers say they’ll get the project out for bid in the spring, so we’ll see. (Over to the right on this page, you can find a link to a copy of the plan for drain work.)
As some of you know, we’ve also had drain and flooding issues at the west end of Cayuse (across the street from the LDS Church) and at the northeast end of the subdivision, primarily on the north end of Cougar. At the west end of Cayuse, we’d usually get a pond of water after heavy rains or snowmelts because the pipe that carried water from the drain there was plugged with sediment and tree roots. This summer we hired a contractor who removed the old pipe and installed a new one, solving the problem.
We are also working with the county to clean out pipes and fix drainage issues along Cougar in order to stop flooding of yards, driveways and, in some cases, garages. This work, as well as the Cayuse work, is paid for out of our RID funds.
At some point, hopefully in the not-too-distant future, we will be doing more maintenance work on our roads, although they generally are in decent shape. However, we want to be sure we have our water issues resolved before we get to that work. We plan to drive through the subdivision this fall with county officials to assess our roads and prioritize the work to be done.
We also will have Mike and John Wieferich plowing our streets again this winter as we felt they did a much better job than the previous contractors. We join them in encouraging TSA residents to get vehicles, RVs, boats off the streets before the snow flies as it makes it easier and safer to plow. (BTW, John and Mike also do sprinkler system blowouts, if you have a need. Call them at 422-3724.)
One last thing: We’ll soon put in the order for candles and bags for the annual Christmas Eve luminarias display. Stay tuned for details on where and when you can pick those up. If you can help distribute or assemble luminarias, let us know. We have people who head up teams on many – but not all – TSA streets. And volunteers are often needed to assemble packages.
Report by HOA President Steve Shirley (sshirleymt@gmail.com) & Treasurer Terry Atwood (terry@atwoodarts.com
MINUTES FOR TREASURE STATE ACRES HOMEOWNERS' MEETING on JUNE 13, 2019
President Steve Shirley opened the meeting by introducing Tom Cavanaugh of Peccia & Associates, who previewed plans to improve French drains at eight intersections in the subdivision this fall.
Shirley noted that TSA officials began looking at improvements of the subdivision’s drains several years ago when Peccia did a plan for long-term maintenance of roads. It didn’t make a lot of sense, Shirley said, to do major repairs to streets if the drains aren’t working, allowing standing water to damage newly repaired roads.
Cavanaugh said: “Standing water is probably the worst thing for your roads.”
The engineer said the work will involve cleaning out the drains, then adding extensions to them as well as filter systems. He said the original idea was to place the extensions under road easements that would have gone under lawns and other landscaping installed by homeowners, but the engineers decided it was too complicated and costly to do it that way. Now Peccia has drawn up a plan to do all the work under TSA streets.
This will mean intersections have to be closed for a couple days, Cavanaugh said, and homeowners in the area will be alerted as the time draws near. He estimated the work will take about a month to complete and cost an estimated $75,000. He expects the work to be put out to bid soon.
Here are the intersections where they will be working on drains: Bighorn and Red Fox; Bighorn and Cougar; Otter and Red Fox; Kodiak and Red Fox; Kodiak and Cougar; Cayuse and Red Fox; Mustang and Red Fox; and Cayuse and Wolverine.
Attorney Abby St. Lawrence, Treasurer Terry Atwood and Shirley then provided a report on the proposed new covenants for Treasure State Acres. Atwood said the proposed covenants fell short in the vote held earlier this year in each of the eight different districts within the subdivision by varying margins. In some cases, they needed to be approved by as few as 50 percent of those voting, but in most districts the rules require that 80 percent of those voting approve in order to be passed.
(The percentages of those voting ranged from 37 in one zone to as high as 67 in another, with an overall average of 53 percent.) Shirley noted that the turnout was actually pretty high for an election, and the approval rate was strong as well, but it just wasn’t large enough given the 80 percent threshold required.
The officers then discussed how they have two options. One is to press ahead now and try to round up the necessary missing votes that would get the covenants passed. The other is to address concerns raised by voters about various provisions in the proposed covenants, and then conduct a second vote at a later date.
Shirley said that, after he conducted a survey by email of TSA residents of how to proceed, about a dozen responded. Nine of those said they preferred the second option, while the rest didn’t have any preference.
Shirley said he preferred that option as well, while St. Lawrence recommended attempting to complete the vote now. She said she’s concerned that people will find things to object to even if further revisions are made and a second vote is done.
Shirley and Atwood will meet to decide how to proceed and then let TSA residents know their decision.
Regardless of that decision, St. Lawrence noted that any new covenants could be impacted by a new law enacted by the last legislative session. That law, embodied in Senate Bill 300, declares that homeowners’ associations cannot enforce covenants that impose more onerous restrictions on the types of use of a member’s real property than the restrictions that existed when the member acquired the property.
“This is a terribly written bill, it’s a disaster,” said St. Lawrence. She said it is likely to be overturned by the courts at some point, but in the meantime it could cause troubles for subdivisions such as TSA. On the other hand, she noted, TSA might be able to fend off any challenges by arguing that its new covenants are less restrictive than the old ones, which is the case in many instances.
Shirley reviewed the problems TSA had with snowplowing this past winter and said he wanted to set up a small committee to find another contractor to do that work. ZooAnn Atwood, Ken Varns, Marilyn Kelly-Clark and Shirley will serve on the committee.
A new resident on Bighorn who has young children said he was concerned about cars speeding on the street and wondered if he could put up a picket fence to keep his kids off the street and if speed bumps could be installed to slow down drivers. Shirley said a fence was fine, and he had checked with the county and learned that speed bumps aren’t allowed because of the damage they cause snow plows. But the county will send out someone to analyze if some new speed signs or anything else could be done to slow down drivers, he said.
There was a brief discussion of reports of for-hire vehicle work being done out of a garage on Bighorn (covenants don’t allow car-repair businesses) but an attendee familiar with the situation said the resident only does occasional car work for himself and friends at no charge, so the issue was dropped.
Shirley and Atwood said they were willing to continue in their offices, but no one else indicated any desire to run for any offices so there was no voting on TSA offices.
Report by President Steve Shirley & Treasurer Terry Atwood
MINUTES FOR TSA HOMEOWNERS MEETING ON NOV. 8, 2018
President Steve Shirley and Attorney Abby St. Lawrence opened the meeting by talking about work that has been done to draft proposed new covenants for Treasure State Acres. They noted that the goal of the overhaul is to make it easier for homeowners to locate and interpret the covenants, as there are about eight sets of covenants now covering different parts of the subdivision.
“That’s the whole idea, to have one simple, straightforward document,” St. Lawrence said.
St. Lawrence went over some of the changes made to the proposed covenants based on comments received by the homeowners association to the first draft. Among the changes:
In the section that says trailers and mobile homes cannot be used as residences, clarifying that Capitol Mobile Estates is an exception. 2. Added minimum and maximum footage for utility easements on the rear of lots. 3. Took out a suggested restriction on fireworks due to inability to enforce it. 4. Added a requirement calling for the timely removal of pet waste.
Those at the meeting also discussed the content of the proposed covenants. Including one section that says no owner or occupant shall construct or maintain their own sewer or water system. Richard Chowning noted that several TSA homeowners have their own wells, and St. Lawrence noted that there is language in the covenants to grandfather in existing uses. However, the board decided to add language to the sewer/well section to make clear that existing uses are grandfathered.
Jed Breker had several questions, including why the covenants will restrict homeowners to three-car garages and why one section will give the board power to review “significant renovations” of properties – a phrase that seems somewhat vague.
St. Lawrence said the phrase was left purposely vague to give the board some discretion to act. Treasurer Terry Atwood said the garage restriction is there to prevent enormous garages that don’t fit the character of the neighborhood.
Breker also wondered if the new covenants shouldn’t define terms used such as manufacturing, commercial and industrial properties. St. Lawrence said TSA can rely on the definition of those terms in state code.
St. Lawrence noted that most of the existing covenants require the approval of 80 percent of the property owners to make a change while others need just 50 percent. Those working on the proposed covenants decided the 80 percent figure is “unworkable,” and so replaced it with a two-thirds vote in the proposed covenants.
More fine-tuning will be done to the proposed covenants and then they will made available on the TSA web site (www.treasurestateacres.com) on the reports and documents page. Probably early in 2019, the proposed covenants and ballots will be mailed to all TSA property owners for a vote. The new covenants would go into effect in the zones that pass them, and the association could try to come back in the future and pass them in the ones that don’t immediately enact them.
Shirley said work on TSA’s impaired French drains continues to run behind schedule. He said the original plan was to have contractors install expansions to a number of drains this year, but the engineering firm got busy with other projects. He said he hopes to have meetings with impacted homeowners this winter and see the work done next spring. Stay tuned for news.
The work would involve installation of horizontal drain tubes on to the barrel drains that would, in many cases, have to go under the lawns of nearby homeowners. Although the underground tubes would be under the homeowners’ lawns, they are located in the public right-of-way and not on private property. Nonetheless, any lawns, sprinkler systems or other property disturbed by the construction work would be restored.
Shirley said he would soon order candles for the Christmas candle luminarias display and distribute candles and bags in early December.
Atwood said homeowners association has about $13,000 in its account.
The officers at the meeting decided to delay election of officers until spring because there were so few attendees at the meeting. All offices will be up for election. We have two unfilled offices: Vice president and secretary. Please consider helping us out by offering your time (which isn’t a lot).
Report by President Steve Shirley & Treasurer Terry Atwood
MINUTES FOR TSA MEETING ON MAY 24, 2018
President Steve Shirley opened the meeting by talking about the work being done to overhaul the TSA covenants. He noted that TSA has no comprehensive set of covenants, but many covenants that cover different zones within the subdivision. The goal of the overhaul is to make it easier for homeowners to locate and interpret the covenants, he said.
Attorney Abby St. Lawrence noted that some of the existing covenants require the approval of 80 percent of the property owners to make a change while others need just 50 percent. This is a high bar to jump, she said, but it can be done. She said she helped homeowners in an East Helena subdivision revamp their covenants. She also said that, if some zones enact new covenants and others don’t it doesn’t invalidate the new covenants. The new covenants would go into effect in the zones that pass them, and the association could try to come back in the future and pass them in the ones that don’t immediately enact them.
There wasn’t an extensive discussion of the draft covenants that St. Lawrence and the committee have been working on. One provision that drew some discussion was item No. 8, which says “No noxious or offensive activity including public or private nuisance as the same are defined by Mont. Code Ann. 27-30-101 shall be allowed on any lot.” St. Lawrence said she will include the actual language in the state law in the covenants.
The committee decided not to include fireworks in this section because they felt it would be difficult to get 80 percent of the subdivision’s residents to support a ban on fireworks. One of the problems, they felt, was that the homeowners’ association had no ability to enforce such a ban if one was written into the covenants.
Another item that was discussed (No. 12) says that residents shall not park RVs, boats or trailers on TSA streets for more than 24 hours between Dec. 1 and April 30. It also says that they cannot put inoperable vehicles on their lots unless they are enclosed in a garage. St. Lawrence said language will be added to note that the definition of inoperable vehicles will be expanded to RVs and boats, so that residents can move them off streets and onto their lots in winter months.
One of the homeowners in attendance said a structure on his property would not be in compliance with the setback requirements in the covenants. St. Lawrence said the covenants will apply only to “things going forward” and old practices and structures will be grandfathered in.
St. Lawrence said one of the major changes in the covenants is that the Architectural Control Committee called for in some of the covenants will be eliminated as it is rarely used. The officers of the homeowners association will instead approve or disapprove requests for variances in covenant codes.
St. Lawrence will make more refinements in the covenants, and she will prepare a cover letter. In several weeks, when they are all final order, they will be sent out to TSA property owners for approval.
Owners will be given a certain amount of time to get their ballots back. Those at the meeting discussed how volunteers will have to be recruited to go door to door to get TSA residents to return ballots. (If you want to volunteer for this project, let us know). This probably will take place later this summer or fall.
If and when covenants are approved, finalized copies will be distributed to homeowners.
One couple expressed concern about vegetation and other problems caused by their neighbor’s property. They were advised that they should be able to cut back vegetation that grows on to their property, and that other problems may require them to get legal assistance.
Others at the meeting expressed concern about potholes and curb problems that developed during the winter. President Shirley said he’d contact the county to find out what their schedule will be for filling potholes this summer and, what, if anything, they can do about broken curbs.
TSA officers Shirley and Terry Atwood also noted that plans for work on TSA’s impaired French drains are running behind schedule. The plans call for repair of about 16 drains this fall at a cost of about $120,000. TSA’s RID currently has about $130,000, but that amount will grow as spring and fall tax collections grow.
The work would involve installation of horizontal drain tubes on to the barrel drains that would, in many cases, have to go under the lawns of nearby homeowners. Although the underground tubes would be under the homeowners’ lawns, they are located in the public right-of-way and not on private property. Nonetheless, any lawns, sprinkler systems or other property disturbed by the construction work would be restored.
Shirley and Atwood said the affected landowners will be contacted at some point for a public meeting at which the work involved will be described in greater detail by representatives of the county and the Peccia engineering firm.
Shirley also noted that the homeowners association is hoping to hire someone to work on a plugged drain on Kodiak across from the LDS Church that carries water to the common area to the north.
Treasurer Terry Atwood said homeowners association has about $11,500 in its account. Some of it will be spent on lawyer’s fees and the effort to get covenant ballots distributed, he said.
The officers at the meeting decided to delay election of officers until the fall because no one has expressed interest in running for vacant offices. We have two unfilled offices: Vice president and secretary. Please consider helping us out by offering your time (which isn’t a lot) when we have elections in the fall.
Report by President Steve Shirley & Treasurer Terry Atwood
MINUTES FOR TSA MEETING on NOV. 2, 2017
President Steve Shirley opened the meeting by introducing Attorney Abby St. Lawrence, who provided an overview on the process of overhauling the TSA covenants. She noted that TSA has no comprehensive set of covenants, but a series of covenants that cover different zones within the subdivision. She said that, to change the covenants, some will require the votes of 80 percent of the homeowners while others need just 50 percent. She said one of the reasons for rewriting the covenants is to harmonize differences between the covenants that cover different parts of the subdivision.
She said the homeowners association began looking at changes in the covenants after encountering troubles with getting the fireworks stand at the entrance to the subdivision to comply with covenant rules. She noted that some of the covenants are quite old and may be outmoded. She noted, for example, that the Architectural Control Committee called for in some of the covenants isn’t used in a consistent fashion. She asked whether it should it even be included in a new set of covenants.
The covenants also have vague definitions for topics such as “noxious” activities and parking that make them difficult to enforce, she added.
St. Lawrence suggested reconvening a committee to create a new set of covenants that would consolidate the half a dozen or more covenants that cover the different districts in TSA. She said she learned the job won’t be easy from helping the Eastgate subdivision in East Helena, which also updated its covenants, but it would be a worthwhile endeavor. Even if only a portion of the districts in TSA approve the changes, she said, it would be an improvement and it would lay the groundwork for getting the change in other districts.
When asked, St. Lawrence said any changes would only affect future construction and uses and would not be applied retroactively.
There was some discussion of how the covenants aren’t always consistent with county zoning rules, and there’s a need to iron out those differences. TSA resident Ken Varns analyzed that problem in a report for the subdivision that could prove useful in putting together a new set of covenants.
Those in attendance talked about assembling a committee that would meet in early January to review our current covenants and recommend changes and ways to consolidate them into one document. (If you have any interest in helping with that project, which could involve several evening meetings, please let Steve Shirley know by email.)
Shirley and TSA treasurer Terry Atwood also outlined plans for work on TSA’s impaired French drains. They said the Peccia engineering firm was preparing a plan to repair about 18 drains next summer at a cost of about $110,000 – an amount that would fit within the subdivision’s RID budget.
They said the work would involve installation of horizontal drain tubes on to the barrel drains that would, in many cases, have to go under the lawns of nearby homeowners. Although the underground tubes would be under the homeowners’ lawns, they are located in the public right-of-way and not on private property, they said. Nonetheless, any lawns, sprinkler systems or other property disturbed by the construction work would be restored.
Shirley and Atwood said the affected landowners will be contacted at some point this winter for a public meeting at which the work involved will be described in greater detail by Peccia officials.
(As most of you probably noticed, Otter from Bobcat to Wolverine was recently reconstructed. Similar work was scheduled to be done on that same stretch of Kodiak, but the weather dashed plans. It likely will be done now in the spring.)
Some homeowners wondered about the status of Beaverhead and other TSA roads that might be impacted by 46 Degrees North. When the county approved the new subdivision, it did so with the condition that the developers would pay money into TSA’s RID fund for impacts to our roads from traffic coming out of 46 Degrees North.
Dwight Rose suggested that TSA might offer to forego the funds from 46 Degrees North if the money would help construct a bridge over the irrigation ditch that would allow Sanders Street to be extended on north into the new subdivision. It was also suggested that TSA might want to get a traffic counter put on Beaverhead to determine levels of traffic before and after the new subdivision comes in.
Shirley said he’d talk to county officials about those ideas.
Shirley said he’d also soon order bags and candles for Christmas luminaries. He said that, while interest in the Christmas tradition has waned some in recent years, there still seems to be enough to keep it going. (If you have any interest in helping with the assembly and distribution of Christmas candles on your street, let Shirley know so he can put you in touch with your street representative.)
Report by President Steve Shirley & Treasurer Terry Atwood
MINUTES FOR TSA MEETING ON MAY 25, 2017
President Steve Shirley opened the meeting by introducing Attorney Abby St. Lawrence, who provided an update on work that had been done so far by a small group discussing the overhaul of the TSA covenants. She noted that TSA has no comprehensive set of covenants, but a series of covenants that cover different zones within the subdivision. She said that, to change the covenants, some will require the votes of 80 percent of the homeowners while other need just 50 percent.
St. Lawrence said one of the reasons for rewriting the covenants is to harmonize differences between the covenants that cover different parts of the subdivision. Some residents also have expressed concern that the current covenants aren’t adequate to address problems such as rentals, parking on streets of RVs and other vehicles, and other issues.
St. Lawrence said that TSA resident Ken Varns produced a report that took a look at how the subdivision’s covenants compare to the county’s zoning rules – a valuable starting point for doing a rewrite of TSA covenants.
After some discussion, those at the meeting authorized St. Lawrence to draft a set of comprehensive draft covenants to be presented to the homeowners’ association in the fall. She estimated the cost of the project at around $1,000. Some discussion was done on how we will get homeowners votes on the new covenants, with the hope that most of the work will be done by mail, but may require door to door canvassing. Treasurer Terry Atwood will work with the water and sewer treasurer to make certain we have valid addresses for all homeowners.
Those at the meeting then discussed a letter sent earlier this year by the developers of the 46 Degrees North subdivision to the county asking for a change in the way the funding for impacts on TSA roads is handled. St. Lawrence said it appears the developers want to modify the payment schedule so they can use lot sales to pay for road impacts.
(After the meeting, Lindsay Morgan of the county planning staff confirmed St. Lawrence’s reading of the letter. She said the developer is asking that he not be required to make the payment for impacts to roads such as Beaverhead up front, but to delay payment. The money will always be there via a line of credit when it is need to repair TSA roads, she said.)
Steve Garrison gave a short presentation on the county’s new flood mitigation plan. He noted that TSA sits just north of the flood mitigation zone, which covers a 100 year flood zone. That means homeowners here won’t be hit with a special fee the county plans to charge. He said most home insurance policies don’t have flood insurance but some do. It is up to homeowners to decide if they want to add coverage for floods.
Shirley said TSA got finance numbers too late to come up with a plan this summer for reconstruction of its faulty French drains and streets. The county says the TSA RID fund currently has about $122,000 in it, which does not include the May receipts of around $40,000.
Shirley said he’s been talking with Jess Whitford of the county road department about reconstructing short sections of TSA roads with money available in the RID fund. The most pressing need is to rebuild Otter from Bobcat to Wolverine, as it was badly beat up over the winter. Parts of Kodiak, Cayuse and Appaloosa also were ID’d in a previous engineering report as high priorities for repair. Whitford told Shirley it would cost $50,000 to $60,000 to fix that section of Otter.
Steve Garrison wondered if that cost would include a subgrade fix of Otter.
(After the meeting, Whitford told Shirley that the $60,000 figure includes subgrade work. Whitford also said that he doesn’t recommend doing more than $80,000 in repairs this summer because rules would then require that TSA would have to pay a lot more for engineering fees, etc. Shirley asked him to do as much as he could while keeping the cost under $80,000.)
Marilyn Clark briefly discussed a web site sponsored by nextdoor.com that includes a discussion board that covers TSA, and said she finds it contains useful information on the subdivision. Those at the meeting also heard a brief discussion on potential improvements in the park and that some of the repairs have not been done to swings because of the need for a special tool that is several hundred dollars to purchase.
Report by President Steve Shirley & Treasurer Terry Atwood
MINUTES FOR TSA MEETING ON NOV. 7, 2016
President Steve Shirley opened the meeting by introducing Attorney Abby St. Lawrence, who provided an update issues related to the 46 Degrees North subdivision. She said that, given the county’s date of review for the new subdivision, it will have multiple small wells providing water to homes. If the developers of the subdivision applied for any new water rights for 46 Degrees North it would be posted on the Department of Natural Resources website, but TSA residents wouldn’t necessarily get direct notice. They would have a chance to object unless and until DNRC made a preliminary determination to grant the application.
St. Lawrence noted that the county planning commission has scheduled a hearing Wednesday, Nov. 16, on a variance request for the subdivision’s wastewater treatment system. She said the county required that developers to come in for the variance when they approved the preliminary plat for the subdivision in 2015.
(Shirley said later in the meeting that he had talked to Robert Much, manager of the sewer and water board, who felt the variance request was a routine matter and not something that could pose a threat to TSA’s water supplies.)
St. Lawrence also noted that the site for the new subdivision’s wastewater treatment plant was already reviewed and approved by the state.
She was asked why the developers are able to do so much construction on the site when they don’t have final approval for their plat from the county. She said that is a common practice when it comes to subdivision development.
St. Lawrence also discussed TSA’s covenants, which the homeowners’ association has debated rewriting. She noted that some have been in place for about 30 years, and that there are about half a dozen covenants covering different parts of the subdivision, with some requiring 80 percent approval to be changed and others needing just 50 percent to be overhauled.
She reviewed some of the arguments for reform: The covenants don’t reflect current practices. The Architectural Review Committee is rarely used. There is a lack of uniformity in enforcement. And there are questions about how covenants are to be enforced.
St. Lawrence told how she helped a East Helena subdivision rewrite its covenants several years, a process that took about a year.
Shirley said he had names of TSA residents who had offered to serve on an advisory committee, and he would try to arrange a meeting in early December of the group to talk about whether it makes sense to try to rewrite the covenants and, if so, how to go about it. (If you have an interest in helping with that process, let him know)
Shirley also said he wanted to appoint a committee to plan the new stage of road and drain repairs in the subdivision. Larry Thomas said he was willing to help out, and he would check on another TSA resident. The committee hopes to meet over the winter and have a plan by spring. (If you are willing to help with this project, let Shirley know)
The meeting finished with a short discussion of Christmas candles/luminarias. Some residents expressed concern about how there’s less interest in the Christmas tradition.
Shirley said he has ordered fewer candles and bags the last few years because fewer people are participating. He said he’ll soon put in another order for candles. He will distribute candles and bags to representatives on streets where they deliver them door to door. For residents who live on streets where there are no representatives, TSA residents will be able to pick up candles and bags on designated days before Christmas Eve.
MINUTES FOR TSA MEETING ON JUNE 13, 2016
President Steve Shirley opened the meeting by introducing Attorney Abby St. Lawrence, who provided an update on concerns about a house on Appaloosa Drive where rooms are allegedly rented out as apartments. She said the owners of the home are violating not only covenants but two county zoning rules. One that restricts parking and another that bans apartment buildings in single-family housing districts.
She has been in contact with county officials who have been investigating and will soon send a letter to the owners demanding action to bring the house in compliance with county zoning rules. The owners will have 14 days to comply once they receive the letter, she said.
St. Lawrence also talked briefly about the 46 Degrees North subdivision. Among other things, in response to a question she said she didn’t know if the homes in the subdivision will end up with individual wells or community wells as because of uncertainty over the legal status of new wells in Montana. The issue has been litigated recently in the Montana courts.
Shirley, meanwhile, said he recently received a letter from the state Department of Environmental Quality stating that it had reached a decision to issue a permit to approve a groundwater discharge permit to the developer, effective Aug. 1. The letter did add, however, that the state would be changing and strengthening requirements in the permit for monitoring any potential accidental discharges from the new subdivision’s treatment system. Shirley said TSA wrote to DEQ several months ago encouraging the agency to do just that.
St. Lawrence and Shirley also talked briefly about plans to renew efforts in the fall to rewrite covenants for the subdivision. St. Lawrence said the current covenants are outdated and were designed for a much small subdivision. She added that a rewrite would be a very involved process and would require all owners of property in the subdivision, not just those who show up at a homeowners’ meeting, to vote.
Engineer Tom Cavanaugh of Peccia & Associates, who provided an overview of the study just completed for TSA of selected storm drains at eight intersections. TSA’s drains, he said, are under-sized and clogged and can cause damage to the roads when they allow too much water to saturate the sub-base.
The report done by his firm (which is available for viewing on the documents page at www.treasurestateacres.com) suggests a plan for repair of the drains at the eight intersections that could be done for about $110,000. It involves the installation of lateral pipes in the drains that resemble drain fields.
During a general discussion of TSA’s road and drain issues, Culver Varnado asked Cavanaugh what it would cost to fix the drains, rebuild the roads that need to be rebuilt, and do annual maintenance of roads. An earlier Peccia report estimated the annual cost of maintaining TSA roads at $128,175 a year for all treatments.
Cavanaugh estimated the one-time costs of fixing drains and rebuilding at $750,000, in addition to the annual maintenance costs of $128K. Varnado said TSA might want to consider asking the county to set up a SID in order to take care of the costs all at once.
Meanwhile, the county commissioners have scheduled a June 30 hearing on TSA’s request for a 50 percent hike in residents’ payments into the RID that pays for road and drain work. Shirley asked if anyone at the meeting objected to that request for an increase, and no one did.
Representatives of Montana Internet gave a presentation on services they offer. They said that, if TSA residents were interested and if the subdivision were rebuilding its roads, they’d like a chance to install fiber optics wires in the streets. However, they said, they can also provide service by tower. They said they will be launching a phone service next month and a TV service in the next six months to a year. They also said they can offer speed services that a lot of customers like.
Treasurer Terry Atwood said he hoped some progress could be made on improvements to playground equipment in the park. Varnado, who is a member of the park board, said the board is planning improvements in the near future. Varnado also said the park’s fund is in good shape and so the board has asked the county to not charge TSA residents for one of their regular park levies.
There was a question whether anything more was being done about the “box-car” lot at the corner of Montana and Bobcat. Shirley noted that St. Lawrence had made several attempts to contact, by letter and phone, the owners of the lot to tell them they were not complying with TSA covenants. St. Lawrence also had investigated county rules so see if they were violating any county rules, but apparently there were none. The only option left, he said, was to sue the owners, and that would likely cost the homeowners’ association a lot more money than it has in its fund. No one pressed to sue at the last homeowners’ meeting when the topic came up. Shirley said the only option left may be for TSA homeowners to not patronize the business, and encourage neighbors and friends to do the same.
There also was a short discussion of the Christmas luminaries. Shirley said residents of some streets, like Red Fox and Cougar, are no longer organizing to distribute bags and candles. But there’s still interest on many of the streets in continuing the tradition. He said that what happened this past Christmas – giving out fewer candles, skipping those houses where residents didn’t want them, but giving reduced numbers to those that did – seemed to work OK.
This report was prepared by Steve Shirley
RESULTS OF SURVEY OF TREASURE STATE ACRES RESIDENTS
Here are the results of our survey, which was sent to all 350 or so property owners in TSA earlier in 2015. We received 63 responses – for a response rate of 18 percent.
PARK IMPROVEMENTS
Those surveyed were very split in their views on what improvements they most want to see in the park. Their two favorite options were a gazebo and a running track, with more playground equipment their third choice and a basketball court their fourth.
Eighteen respondents made the running track their first choice while the same number listed the gazebo as their first choice.
Eight said the gazebo was their second choice, while seven said a running track was their second choice. Eight had a gazebo as third choice, and one as a fourth choice. Five listed the running track as their third choice, and three as a fourth choice.
A basketball court was the first choice of five people, while six more had it as their second choice. Two more had it as their third choice, and three as a fourth choice.
Eleven people listed more or better playground equipment as their top priority. Six put it as their second choice, two more had it as a third choice, and six as a fourth choice.
Those who wanted to see more playground equipment suggested various types: A fort, better swings, tunnel, climbing wall, see saws, merry go round, jungle gym, climbing tube, replace rocking horses, replace rocks with chipped rubber, and so on.
There were also other suggestions for improvements in the park: garbage cans for dog poop and so on, a fence on perimeter to keep out vehicles, tennis courts, picnic shelters, baseball field, benches.
At the same time, a number of those surveyed were complimentary of how well kept up the park is. Some said the park doesn’t need any improvements and the subdivision should focus on other areas, such as improving the streets. (those are separate pools of money, by the way)
Some sample comments: “We like it just the way it is, it looks great. It seems like the kids’ play area has been vandalized already after the new improvements, which is too bad.”…..”Enough, no more equipment, maintain what’s there now.”…..”We are not in favor of the gazebo and we are concerned the people will leave garbage after their picnic….”….”replace the rocks with chipped rubber”….”Lets put park benches or picnic tables around the park.”….baseball diamond and fence around playground to keep dogs out….gliders, tunnels and things to climb and crawl into …..
CHRISTMAS EVE CANDLES
Here, too, sentiments of TSA residents were mixed.
Fifteen said discontinue the candles, while ten said keep up the tradition as done in the past.
The largest number – 28 – said keep doing the luminaries but make changes.
Four liked the idea of hiring a group or asking a volunteer organization to take over the task. A similar number suggested cutting back the candles to the TSA entrance and near the LDS church. And 11 liked the idea of making candles and bags available ahead of time to anyone who wants to pick them up to put them out on their streets or property. Some folks picked more than one option.
Some sample comments: “I never know about this until they deliver the bags. Better notification/announcement needed.”…..”Make it a community event or a specific date. Bighorn Road does it on Christmas Eve at 10 am. We can finish it in 2 hours. Maybe the church will allow us to fill bags in their parking lot.”…..”I think it is a great tradition but it seems I’m never well on Christmas Eve and it has been challenging to light them each year…”….”I would help I just never know where to meet and when.”….”
Some people suggested getting LED lights to replace regular candles, which don’t always work well when it is windy and can be difficult to light. We’ve looked into them and they are a lot more expensive than regular candles. There’s also the problem of getting LED lights collected after Christmas Eve, as many people don’t pick up their candles after the event and the LED lights are too costly to let go to waste.
If you are wondering why the numbers don’t add up in each category to 63, some respondents had opinions on one category or not the other. A few just wanted us to know they were concerned about other issues, such as repair of roads or covenant violations, rather than improvements to the park.We are taking those comments under consideration as we make plans for maintenance of our roads. We also expect to be acting on covenant issues, and will keep you alerted on that. We appreciate the time you took to fill out the survey and consider your input valuable. We will pass on the park information to the Park Board, and use the rest of the information to help us make decisions as we move ahead on TSA issues.