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To: Beaver Creek Property Owners Association Members
From: Dawn Friedman – President
Date: July 14, 2010
Re: Beaver Creek Property Owners Association – Quarterly Newsletter
Annual Summer Picnic
The BCPOA Summer Picnic took place July 4, 2010 at the Beaver Creek Club. It was a sold-out event and 500 homeowners joined in to celebrate the Fourth with good music, good food, and the great company of neighbors and friends. The rain held off until 8:15 when everyone moved inside and some stayed to enjoy the fireworks. We offer many thanks to the Social Committee and all the helpers from the Board who volunteered for the event and special thanks to Sue Brandl and her team from the Beaver Creek Club.
Kenny G Concert
The BCPOA co-sponsored the Kenny G Concert at the Vilar Center on March 24, 2010. A cocktail party for BCPOA members, preceding the party, was well attended. Many members were offered the opportunity to chat with Kenny G before and after the event.
New Fire Engine
The Beaver Creek Metro Board has completed the purchase of the new state of the art, wildfire fighting fire engine. It is in residence at the Beaver Creek Fire Station. It was available for viewing at the Fourth of July Event and a number of the children received a tour of the engine from the firefighters.
Village Road Replacement or Repair
All BCPOA members should have received notification of the Public Meeting on July 16, 2010 at 2:00 in Village Hall to discuss the issue of whether Village Road needs to be replaced or whether it can continue to be repaired. If it is replaced, it will necessitate a six million dollar bond issue which will have to be voted on by Beaver Creek residents who are eligible to vote. This is an important issue since it can mean an increase in property taxes. All homeowners will be given the opportunity to questions the engineers about their recommendations. The engineers’ report can be accessed at: www.beavercreekmetro.com If there is a “call in” telephone number for the meeting, it will be published on the Metro Board website. A video tape of the meeting will be available. Please contact the BCPOA at dcfried@hotmail.com for a copy.
Changes in Administration in Beaver Creek
John Garnsey is moving out of the day to day operations of Beaver Creek. He will be the co-president of the Mountain Division of Vail Resorts in charge of Vail and Beaver Creek. His office will be in the Seasons in Avon. A new person will be named to run the day to day operations of Beaver Creek for Vail Resorts.
Tony O’Rourke, Executive Director of the Resort Company for the past 14 years, will be leaving for a position in South Lake Tahoe starting the first week in August. We wish Tony the best of luck in his new job. An interim Executive Director will be named while a search is made for the new director.
Dead Lodgepole Pines on the Mountain
Vail Resorts and the Beaver Creek Metro District continue to cut down and dispose of dead lodgepole pines on the mountain. Some of the trees will be able to be recycled. Vail Resorts has purchased their own equipment for this process so that they do not have to be at the mercy of sawyers’ schedules. Some reseeding and replanting is also being accomplished.
Alpine Slide
The lawsuit involving the Alpine Slide is currently in “administrative closure” (i.e. the case is on the shelf and in abeyance until one party to the lawsuit chooses to reactivate it). The reason for the administrative closure was to allow the parties to investigate alternative activities and alternative locations other than on Haymeadow (i.e. elsewhere within the Beaver Creek ski permit area). There are no active discussions on this subject. The BCPOA is pleased that it has been able to defer any construction activities on the Haymeadow site since this issue first arose back in 2006.
Bachelor Gulch Litigation
A number of members have asked how we got involved in the litigation with Bachelor Gulch and what it is all about. The following is a brief summary and up date.
When the Strawberry Park area was being developed in the mid 90’s, there was an agreement reached that no construction traffic would be allowed up Village Road or on Borders or Holden Road. Construction traffic for Strawberry Park had to go through Bachelor Gulch and across the construction road at the top of Bachelor Gulch. This agreement was included as a covenant in the Bachelor Gulch deeds. After eight years and after most of the houses in Strawberry Park were completed, the Bachelor Gulch Metro District passed a resolution banning construction traffic to Strawberry Park. The Bachelor Gulch Metro District hired guards to warn contractors and subs that they could not use the construction road to Strawberry Park. This was in violation of the covenant in the Bachelor Gulch deeds.
The Bachelor Gulch Village Association (the counterpart of the Beaver Creek Resort Company in Bachelor Gulch and the entity in charge of security in Bachelor Gulch) sued for an injunction against the Bachelor Gulch Metro District. They also named as defendants all parties affected by the breach of the covenants, BCPOA, Vail Resorts and the Strawberry Park Homeowners Association. That is how BCPOA became involved in the lawsuit.
The court ruled against the Bachelor Gulch Metro District and for the BCPOA and the other parties by granting an injunction and summary judgment in 2007. The summary judgment required all new construction traffic destined for Strawberry Park to travel through Bachelor Gulch rather than through Beaver Creek.
The remaining portion of the case (Bachelor Gulch Metro District’s claims against Vail Resorts for road repair damage) was decided in April, 2010. The court ruled in favor of Vail Resorts and did not require Vail Resorts to reimburse the Bachelor Gulch Metro District for any “road damage”.
Unfortunately, after four years of litigation, the Bachelor Gulch Metro District has now filed its claim of appeal to the Appellate Court on a number of issues. The only issue that continues to affect the BCPOA is Bachelor Gulch Metro District’s challenge of the award of attorney’s fees and costs in favor of the BCPOA in the amount of slightly over $180,000. The BCPOA has filed with the Appellate Court its responsive papers to protect its rights to receive the payment of its attorneys’ fees and costs. The appellate process may take an additional 12 to 18 months.
Thank you to all of the BCPOA members for supporting the BCPOA in its efforts to protect the interests of the property owners in order to continue to make Beaver Creek the special place that it is.
Your continued support of the BCPOA is appreciated. If you have any questions or concerns, please contact me at dcfried@hotmail.com.
Dawn Friedman
President, BCPOA, Board of Directors
PRESIDENT'S WINTER UPDATE (2009)
January 16, 2010
THIS WILL BE THE LAST QUARTERLY UPDATE MEMORANDUM THAT I WILL WRITE AS PRESIDENT. FUTURE UPDATES WILL BE PROVIDED BY THE NEW BCPOA PRESIDENT, DAWN FRIEDMAN. WE ARE WORKING TO MAINTAIN AND ENHANCE THE QUALITY OF LIFE IN BEAVER CREEK.
Alpine Slide: This project is on hold until further notice.
Tubing on Hay Meadow: The Beaver Creek Resort Company has introduced “Tubing” in the Hay Meadow area at the base of the mountain. The winter tubing has been well received by the families of both Beaver Creek residents and tourists. The BCPOA has expressed some concerns for summer tubing and this is being discussed with BCRCO. The BCRCO has agreed not to run the tubing during the summer of 2010.
Bachelor Gulch Litigation Report: The lawsuit is basically settled in favor of the BCPOA. The BCPOA is now in the process of going through the courts in order to receive all or a major part of our attorney fees for this matter.
Annual Summer Picnic: Plans are already underway for the Summer Picnic. The BCPOA social committee has assumed responsibility for the 2010 Summer Picnic and I assure all that it will be a gala event.
Beaver Creek Legacy Project: This project is still on hold indefinitely due to a lack of funding by the Beaver Creek Resort Company at this time.
The Original Beanos Cabin: Several members of the BCPOA Board and the BCRCO were at the building site recently. A dedication ceremony was held on December 31, 2009 to celebrate the completion of this effort.
Modification of “Construction Hours”: Beaver Creek is attempting to follow the lead of Arrowhead and prohibit construction work on seven holidays in addition to all Sundays. New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day are the seven holidays when we wish to prohibit construction work. A presentation was made to the BC DRB which was favorably received; however, no new information is available. Thank you Bonnie Vogt. We will keep you posted.
The Vilar Center: Ceil Folz of the Vail Valley Foundation proposed that the VVF assume a more permanent role in the management of the Vilar Center. After considerable discussion by the BCPOA Executive Committee and subsequently by the entire BCPOA Board, the proposal was unanimously approved by both bodies. We are now awaiting a legal document that we are in agreement with, to complete this change. We will keep you posted.
Vilar Donation: The BC Metro Board had proposed a continuation of the $250,000 per year donation to the Vilar Center for capital improvements. The BCPOA Board had unanimously supported their donation proposal. In November the BC voters supported this proposal 106 in favor and 26 opposed. The BCPOA BOD discussed again giving an “underwriting fee” to the Vilar. The Board unanimously approved a sponsorship of $2,500. Candice Palmer is working on the details and will contact the Treasurer to approve payment of funds for a selected performance.
BCRC Assessment: A BCRC assessment of $200 per million dollars of assessed property value was given to all BC property owners. Commercial properties have been assessed $750 per million of assessed value. The language in the assessment letter is soft regarding the expiration of the assessment however; we have been informed that it is expected to be in existence for approximately two years.
BCPOA/BOD Nominations: For 2010 the following nominations were approved unanimously by the BCPOA Board:
1. President – Dawn Friedman
2. Vice President – Tim Maher
3. Secretary/Treasurer – Lou Krieg
Safety and Security: Dan Fitchett is pursuing a road dip near the entrances to the Beaver Creek golf course. Dan Fitchett will follow up with the Beaver Creek Metro Board. We will keep you posted.
Garbage Containers: Please continue to lock down the garbage containers. They are not only for protection from bears, but protection from all wild animals.
New Fire Engine: The BC Metro Board is in the process of reviewing the purchasing of a new water pumping Fire Engine for our Community. This should be accomplished in the near future. We will keep you posted.
Thank you for your continued support of the BCPOA. If you have any questions please do not hesitate to email me at charliecamp1@aol.com or Dawn Friedman at dcfried@hotmail.com.
Sincerely,
Charlie Campisi
President, BCPOA Board
BCPOA BOARD OF DIRECTORS MEETINGS (2010)
The BCPOA Board of Directors meets quarterly in the Park Hyatt Hotel.
Meetings for 2010 are as follows:
- February 18th at 3 P.M. in Gore Range Hall - this is a special meeting date replacing the March meeting
- June 24 at 1:30 P.M. in Gore Range Hal
- August 19th at 1:30 P.M. in Gore Range Hall
- December 23rd at 3 P.M. in Gore Range Hall
All BCPOA members - and indeed the general public - are encourage to attend.
For information, contact the Secretary (Lou Kreig) at 970-949-3287.
TIPS TO PREVENT BEAR INCIDENTS May 08, 2006
Spring time means bears in Colorado are waking up after a winter-long hibernation. They are emerging from their dens on the hunt for food.
Caramie Schnell, in the May 4th (2006) issue of the Vail Trail, offers these suggestions on how to avoid bear problems around your home:
- Take down, clean and put away bird feeders.
- Keep garbage in airtight containers inside your garage or storage area.
- Clean trash cans periodically with ammonia or bleach.
- Use "bear proof" containers
- Place garbage for pick-up outside before collection -- and not the night before.
- Do not leave pet food or dishes outside at night.
- Clean up and store outdoor grills after use. Sticky barbecue sauce and grease can attract bears to your yard.
- Never intentionallly feed bears to attract them to your yard for viewing. It is illegal to feed bears in Colorado.