Winter Key Update 2018-19

Neighbors,

Hello there. Your BEPOA Board has carefully evaluated the effectiveness of last years plow activities. The BEPOA Board passed a motion on September 19th to keep the 2018-19 Winter Gate Key Fee at $600 per key.

We need to be prepared for a similar snow level this coming year if we are to keep the road open all season. We also need to try to create a modest reserve in case the tractor has an unexpected breakdown.

If you need a key you can contact Bridgette Meinhold via email: bridgettemeinhold@gmail.com. She will arrange to get you a key when we are fully prepared to begin sales.

Please expect to receive the Indemnification Agreement by October 3rd via an e-blast or on this web site. By that date we will be fully ready to begin selling gate keys. We expect that UDOT will lock the gate on or about November 1, 2018 so please buy your keys at your earliest convenience.

Thank you, Mark Fischer
President, Brighton Estates Property Owners Association

Plowing Key Agreement 2018-2019 FINAL

 

Winter/Spring Update: New Key Program Launches

WHAT A WINTER! It’s not over…

Hello Brighton Estates Neighbors!

What a deep winter it’s been, and we are not finished by any means with our plowing efforts. A big THANK YOU to our plowing team and for an involved and committed neighborhood for parking responsibly and for helping each other out during this deep season.

PLOW UPDATE & SPRING KEYS 

Snow Plow

(photos courtesy of Brad Lewis)

This year, BEPOA sold enough keys to successfully fund the plow program to date. BEPOA’s new blower was a much needed addition and has been used to its potential. With the incredible amount of snow in mind, and the road clearing we will still be doing for several more weeks, we are asking for additional donations to the plow program from YOU. Especially from those of you who live in Brighton Estates and constantly use the roads.

Riley in the deep of it

Side shot of plow with Riley in deep snow

In addition to donations (any amount helps), we are also selling spring keys to property owners who have been parking below the gate with their snowmobiles. The road to the Y is mostly pavement at this time, but many of us need snowmobile transportation to navigate Brighton Estates for many more weeks.  A spring key is priced at $250 (to property owners only) and are available now. Please contact Katie Eldridge to buy yours: 435.640.2554. 

Snow!

PARKING RULES & REMINDER AT THE Y

Earlier this winter, a bamboo rope perimeter was set up to mark the boundary between Park City’s property and the easement as shown in the above photo. The rope line was buried most of the winter – but the boundary still exists. If you have snowmobiles parked outside the rope line(as pictured above), please move them ASAP. We are being respectful neighbors to the City and need your helpful participation.

Thank you neighbors! Have a beautiful Spring. Look for all road updates on the GroupMe app. If you are not signed up, contact Bridgette Meinhold at 435.640.7558 to be added once you download the app on your phone.

From your BEPOA Board Members

Brighton Estates Water Share 2018

BRIGHTON ESTATES
PROPERTY OWNERS ASSOCIATION, INC. NOTICE OF AUCTION SALE OF A WATER SHARE

The Board of Directors, on behalf of the Brighton Estate Property Owners
Association, Inc. (“POA”) is offering at auction one share of stock in
Midway Irrigation Company (“MIC”) representing the right to
use water in the amount of 0.45 acre-feet per share, per year (the “Share”). This is the amount that is defined by the State of Utah as the minimum amount needed for a full-time, single- family residence for indoor, culinary usage (no exterior landscape
irrigation, etc.). It is also the amount required by Wasatch County as one condition to the issuance of a building permit.

The water rights underlying the shares in MIC have several established points-of-diversion in the Brighton Estates area. However, buyers of BEWUA shares acquire with the share only a right to a certain quantity of water. The share does not also carry with it the right to use any of the existing wells within Brighton Estates or provide access to water lines. In order to actually use this water, the purchaser must also acquire access to water source capacity from the owner of a well, and acquire necessary easements to deliver water from the point of diversion to the intended place of use.

MIC has an approved change application that must be perfected by putting the water to beneficial use. The State Engineer sets dates by which the applicant is required to demonstrate either that the water is in beneficial use or that substantial progress has been made toward doing so in order to obtain further extensions of time. The first such deadline was August of 2011. An extension was granted to May 31, 2021. Additional extensions are possible, but the conditions for an additional extensions are more demanding as time goes on. Therefore, it is in the shareholders of MIC shares best interest to get their water into use reasonably soon so that the water rights underlying the shares can be perfected under Utah law.

To be eligible to submit bids and to purchase this share, a buyer must:
1. Own real property within Brighton Estates, or generally the Bonanza Flats area.
2. Pay in full the purchase price determined by auction within three (3) banking days of close of bidding via cashier’s check or wire.

Water rights and shares with points of diversion in Brighton Estates are limited., and this is an excellent opportunity to gain ownership of this valuable resource. Many Brighton Estates property owners have purchased Shares in the past. The Board determined that a minimum selling price for this share sale would be $42,750.00. Bids will start at that figure, and higher bids will be accepted in minimum bid increments of $250.00. Prospective bidders should be advised that all shares in MIC are subject to assessments levied by the MIC.
Interested buyers may submit bids to Brighton Estates Property Owners Association, Inc. beginning now. The final date for submission of a bid is July 10, 2018 at 3:00 p.m MST.

Litigation summary: BEPOA vs Wasatch County regarding the dissolution of the Brighton Estates Special Service District / Pine Canyon POA interference is duly noted…

Attached is a Litigation Summary prepared by our legal team for our Annual Meeting which states where we stand with our lawsuit against Wasatch County regarding what we believe was the improper dissolution of the BESSD. Also attached is the filing we made with the Court on Wednesday. All filings are publicly available so I thought it best to share this information with our fellow property owners.

I am also requesting that you read the below excerpt from the last Wasatch County filing to the Court on November 22nd. It clearly states that Pine Canyon Property Owners Association, consisting of people who most certainly opted out of the BESSD because they have cabins and water, is working against the wishes of the Brighton Estates Property Owners Association. This group is costing us a lot of money and trying to prevent us from enjoying the benefits of home ownership which they currently enjoy. I find this to be very disappointing and hypocritical.

Of course, we will honor the Court’s ultimate decision but we are putting our case forward in hopes of eventually getting fair and equal treatment. We simply want the right to build on our platted lots. The County instructed us to form the Brighton Estates Special Service District which would provide a funding mechanism for us to construct needed infrastructure improvements, so we followed their lead. Then the Council abandoned us after intense lobbying from Pine Canyon and their associates. As a result, we have turned to the Court in hopes of getting fair and equal treatment… TBD.

Mark Fischer
President, BEPOA

2017-12-7 Litigation Summary for BEPOA v. BESSD

Litigation Summary: Brighton Estates Property Owners Associationvs Wasatch County regarding new gate on Pine Canyon Road

Litigation Summary

Brighton Estates Property Owners Ass., Inc. et al v. Wasatch County

Case No. 160500115

Judge Jennifer A. Brown

History of lawsuit:

The lawsuit was initiated by Brighton Estates Property Owners Ass., Inc. (“BEPOA”) and a handful of landowners[1] in December 2016.  The Complaint challenges the November 16, 2016 Decision of the Wasatch County Council ordering a gate to be installed across Pine Canyon Road to prevent snow plowing and seasonal road vehicle access to the Brighton Estates subdivisions.  The following causes of action are included in the Complaint: (1) breach of contract; (2) specific performance of contract; (3) equitable estoppel; (4) relief under the County Land Use, Development and Management Act; (5) declaratory judgment; (6) violation of the constitutional right to due process; and (7) violation of constitutional right to equal protection.

In January 2017 the County filed and Answer, Counterclaim and Third-Party Complaint denying that the council’s November 16, 2016 Decision was improper or illegal, and asserting affirmative claims that the use of snow plows and road vehicles on Pine Canyon Road, accept as expressly authorized by the County in writing, is wrongful and illegal.  The County asserted causes of action for declaratory judgment and to abate a public nuisance via a permanent injunction.  BEPOA, the landowners that are parties to the suit, and Access, LLC (brought into the lawsuit by the County), responded to the Counterclaims and Third-Party Complaint on February 21, 2017.

The County filed a motion for summary judgment on March 17, 2017.  After extensive briefing, the County’s motion for summary judgment came before the Court for oral argument at a hearing held June 23, 2017.  The Court granted, in part, and denied, in part, the County’s motion for summary judgment, the order for which was entered on July 20, 2017.  The result of the Court’s ruling was to dismiss BEPOA’s causes of action for breach of contract, specific performance of contract and violation of the right to equal protection.  All other causes of remain in the lawsuit.

The County filed its record of the November 16, 2016 decision with the Court on September 21, 2017.  Plaintiffs served their first set of written discovery requests on the County on October 6, 2017.  The County responded on November 13, 2017.

 

Summary of current claims:

The primary remaining claims against that County is that the November 16, 2016 Decision is illegal, arbitrary and capricious.  The County did not follow required procedures in making the decision, did not issue a written decision and did not provide an opportunity to appeal the decision. BEPOA and the landowners also claim that the County’s manager previously granted verbal permission for snow plowing Pine Canyon Road.  BEPOA and the landowners reasonably relied on the grant of permission and assumption that snow plowing/accessing homes using road vehicles would continue to be permitted in the future.

Upcoming events and deadlines:

The next step, if determined desirable by BEPOA, is to schedule the County’s Rule 30(b)(6) deposition, likely to take place in January 2018.  The current scheduling order permits fact discovery until February 6, 2018.  Follow-up written discovery, third-party subpoenas, depositions and other discovery involving fact witnesses must be completed by this deadline.  The conclusion of fact discovery triggers the commencement of expert discovery, requiring the parties to designate expert witnesses, disclose witness qualifications and elect the form of expert discovery (request a written report summarizing the expert’s opinions and testimony that will be offered or elect to depose the expert witness).

 

[1] Sean Brown, as Trustee of the Brown Revocable Living Trust, Henry Johnson and Lorraine Johnson.  Robert and Tanya Powel were originally named Plaintiffs in the lawsuit, but have since been dismissed as parties.

Annual BEPOA Meeting This Saturday

Winter 2017/2018
Dear Members,

Join us this Saturday, December 9th for the Brighton Estates Property Owners Association Annual Meeting. We will be in a large conference room at the Blind Dog (1251 Kearns Boulevard, Park City) for this event that starts at 2pm. Only active, up-to-date members can speak during the meeting, but non-members may attend. If your dues are paid, and you can’t make the meeting, please give your proxy to someone who will be attending. We have many exciting announcements to make, and Wendy Fischer from Utah Open Lands will also give a brief presentation, updating us on the city’s acquisition of Bonanza Flat.

Gate Keys
Do you have your gate key? If not, please contact Bridgette Meinhold at 435.640.7558. Keys are $600 per person (preferably per one car). You will need to sign the waiver as well. These funds help us pay for plowing services offering during the winter months, as well as equipment maintenance. Thank you for your support, and any extra donations for the fund that keeps our unique commute open during winter weather.

Parking Cars & Snowmobiles
This season, like last year, we are being allowed to park both snowmobiles & cars at the Y intersection. Please only keep one vehicle per person in this lot, and be conscientious of where you park snowmobiles so our plow drivers can do their job and keep the road clear. Snowmobile trailers should be parked at the lower end of the lot, by the Wasatch County Gate. There will be no plowing down Pine Canyon this winter, and the Wasatch County Gate at the lower end of the Y will be closed for the winter once there is enough snow for snowmobiling.

Road Updates
Like in years past, BEPOA members are encouraged to sign up for the GroupMe app to receive road updates. The app is not to be used for lost animals or general communication. Please contact people directly outside the app for other topics. To sign up for GroupMe, please contact Bridgette at 435.640.7558.

Sincerely,
The Brighton Estates Property Owners Association Board

2017 President’s Annual Letter/ Annual Meeting Announcement

ANNUAL MEETING ANNOUNCEMENT:

SATURDAY, DECEMBER 9, 2017 @ 2PM at the Blind Dog Restaurant

ANNUAL REQUEST FOR ATTENDANCE OR PROXIES AND DUES PAYMENT OF $200 PER LOT: MAIL TO: BEPOA, P.O. BOX 683010, PARK CITY, UTAH 84068

Dear Brighton Estates Property Owner, November 9, 2017

The purpose of this letter is to communicate with you about our upcoming Annual Meeting, which is scheduled at 2PM on December 9, 2017 at 1251 Kearns Blvd, Park City in the Blind Dog Restaurant. The meeting will be held in the same room as last year’s meeting.

As a reminder, if you cannot make the meeting please complete the proxy that will arrive in your mailbox next week and send it to our BEPOA P.O. Box 683010 with your annual dues check. In order to attend and vote or vote via proxy,, your annual dues must be post marked by December 4th or hand delivered to Warren Epstein, our Board Secretary, by December 4th. His phone # is 801-230-9944. Warren’s email is: wepstein667@gmail.com.

This year’s Annual Meeting will be restricted to members who have paid their annual dues and have the right to vote. Non-members and people actively involved in a lawsuit against our Association will not be allowed to attend because of proprietary information and the unruly behavior of several non-members in last year’s meeting. I personally accept and try to understand their viewpoint but we will not allow folks to disrupt the flow of our Annual meeting.

We have made progress during the past year in resolving the important long-term direction of our community. We are now engaged in 3 lawsuits because it has become apparent that this legally driven approach is the only way we will eventually determine the long-term direction of our neighborhood. I will explain in more detail as part of my remarks at the Annual Meeting.

Below are a few highlights explaining our current efforts:

  1. Building permits: In the BEPOA Board’s opinion, the Wasatch County Council has unlawfully dissolved the Brighton Estates Special Service District(BESSD). As a result, we are in a lawsuit against the County so this matter can be properly resolved. The Court has been engaged to review the case and eventually will rule on whether the District was properly or improperly dissolved. Once this decision is known everyone will have a better idea what to do with his or her Brighton Estates property from a personal planning perspective. As I stated in last year’s letter, you should know that we do have a group of neighbors that consists mainly of folks who already have cabins with water who have actively and aggressively tried to convince the WC Council and fellow vacant lot owners that there is 1970’s-era alternative to obtain building permits. Their incorrect implication is that BESSD is not necessary. This simply is not true because if it was then we would be getting building permits by now. Evidence of this situation is verified by the fact that the last building permit was issued in 2006.
  1. The Winter Plow Program went reasonably well in the 2016-2017 season, although we had to make adjustments (like plowing to the S-curves at times) because we ran low on funds due to a big snow year. As you probably know from a previous announcement, we have raised the key fee for the 2017-18-plow season to $600.00 so we have more money, if needed. Please know the key fee money goes into a specific plow fund account at Chase Bank and is only used for plowing activities.

As our gate key agreement states, the BEPOA will continue to plow as long as the plow program has funds. If we run out of money, we will stop plowing before the end of the snow season. The plow fund accounting will be managed independent of our general fund and will be fully transparent to anyone who buys a key. Our plow manager is long-time resident, Matt Meinhold. He can be reached at 435-640-3005. His email is: m_meinhold@hotmail.com. Your direct contact to purchase a gate key is long time resident, Bridgette Meinhold. Her cell is #435-640-7558 and her email is: bridgettemeinhold@gmail.com.

 Please buy a key and help support BEPOA’s effort to plow all season and maintain permanent access from Park City to our neighborhoods even if you rarely intend to use the key.

  1. Just like last year, your BEPOA Board has continued to meet on the third Tuesday of most months to handle our ongoing business. I am pleased to report that things have gone fine and that our finances are better than ever. We have sold 3 water shares in the past year at record prices and the Board is very careful in allocating how the money is spent. Our main focus continues to be centered on the effort to satisfy the County’s infrastructure requirements so our members who have legally platted vacant lots may get building permits. As stated above, the last such permit was issued in 2006. This is simply ridiculous.
  1. Annual Dues: They remain unchanged at $200/lot. Your invoice will be enclosed in a mailing that will go out shortly. Please be looking for that in your mailbox and contact me by email if you need direct assistance. You can also pay the dues on line by going to: brightonestatespropertyowners.org.

Of course, you also need to contribute your dues so you can attend the meeting and vote for new directors and vote on any other issues presented.

Can’t attend the meeting? Please send your check and proxy to BEPOA, PO Box 683010, Park City, UT 84068 no later than December 4th. The needed paperwork will arrive in your mailbox next week. If you do not receive the mailing, please reach out to me via my email, below.

  1. Original signature proxies (including those signed via DocuSign) and corresponding dues payments must be post marked and mailed to the above mailing address by December 4th, 2017. No payments or proxies will be accepted after the hard deadline or at the December 9th meeting due to past improprieties. Payment will not be accepted at the door in an effort to eliminate any conflicts or delays in starting the meeting like we have experienced at past Annual Meetings. No exceptions will be made in fairness to everyone who properly conforms to the stated deadlines.

Summary:

 We thank you for your ongoing support and assistance in helping the neighborhood improve in a thoughtful manner. If you haven’t been involved in the past, we now urge you to now get involved! The Board is committed to making appropriate and respectful decisions aimed at facilitating day-to-day business of the BEPOA and the issuance of building permits along with improved roads and water infrastructure for our neighborhood.

We are striving to be responsive and inclusive to all our members.

Thank you,

Mark J Fischer

President, Brighton Estates Property Owners Association, Inc.

Cell #: 435-640-6858

Email: mark@fischernetwork.com

Water Share Sale Announcement

  1. Full details can be seen here: download here
  2. All bids are confidential
  3. Offering for $32,000
  4. Bids accepted in $250 increments
  5. Auction closes August 15, 2017 at 5:00 p.m.

Confidential Bid Form

Your Name*

Your Email*

Bid Amount ($)

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