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.