Board of Directors Meeting

February 20, 2015 - 5:30pm - 7:30pm MOSCA COMMUNITY BUILDING AgendaMinutes ZAPATA HOMEOWNERS ASSOCIATION Board of Directors Meeting February 20, 2015

Call to Order: The Board of Directors for the Zapata Homeowners Association held its regular meeting, Friday, February 20, 2015, at the Mosca Community Building at 5:30 PM.

Board Members Present: Jack Zeman, Erin Smith, Wayne Ross, Tyra Barnes, John White and Troy Campbell. Member Anna Dvorak was absent. Administrator Cindy Chapman was present. There were no property owners in attendance.

Approval of the Agenda: Administrator Cindy Chapman asked that the 1st Reading of new Policy #032.00 – Vehicles on Greenbelts be included under the Governance Committee Report. Aspen Harvest will be included under the Fire Committee Report and the 2015 Mission Statement/Strategic Plan be included under Old Business. The agenda was approved as amended.

Approval of Minutes from November 21, 2014: Tyra Barnes moved to approve the November 21, 2014, minutes as presented. Wayne Ross seconded and the motion carried unanimously.

Approval of Bills to be Paid: Cindy requested that check #2616 to GT’S Trash in the amount of $440.00 for one trash pull in January, 2015, be included in the bills to be paid.

Wayne Ross moved to approve the bills as presented with the inclusion of check #2616. Erin Smith seconded and the motion carried unanimously.

Administrator’s Report: Administrator Cindy Chapman provided the following list of her activities for December 2014-February 2015:

December 2014

Account status report sent to Allpine Title concerning Unit 2-Block 49-Lot 11. Current owner is Manny Hemmerling. Account is current and property has been transferred to Robert S. Magro. Grant reimbursement check in the amount of $21,875.00 received from CO Department of Natural Resources. Contacted O & V Printing for a price quote on mailing to membership concerning Covenants conviction letter/return replay information. Sent solar panel application from Carole Bieshaar to A/C members for their review and approval. November 2014 financials emailed to Wayne Ross for his review. Reconciled collection accounts with Carlton Company. Had Terri post Water Committee minutes to the website. Chapter 13 Bankruptcy notice received concerning Michael Alan Spencer. Contacted Carlton Company to cease collection efforts. Received email correspondence from Peter West concerning a tax certificate he held on Unit 2-Block 27-Lot 1. The owner of record as of 12/31/2013 was Jay Scott Michaud.

January 2015

Ongoing email correspondence with Peter West. After contacting Lois Widhalm, Alamosa County Treasurer, this issue was resolved. Email received from Lois will outline what occurred concerning this property. 361 invoices totaling $143,530.00 were mailed to property owners for 2015 dues. December 2014 financials emailed to Wayne Ross for his review. 2014 QuickBooks file was be sent to Wall, Smith, Bateman to begin 2014 tax preparation. Tax return has been completed and ready to be filed. Emailed new HOA legislation taking effect 1/1/2015 to Jack Zeman and Erin Smith for their review. Contacted by Patrick Lopez concerning bill he is receiving under Creation Services Inc. He does not know who this entity is but the bill is coming to his address. Contacted the Treasurer to see if Creation Services are current on their property taxes on this property and to obtain a current mailing address. The taxes are delinquent and the Assessor had the same address as the ZHA. Sent status letter to Allpine Title concerning Unit 2-Block 25-Lot 1 currently owned by June Buell. Ms. Buell currently owed the ZHA $590.00 in current and back dues and late/lien fees. The sale of this property closed on 1/12/2015 to Jack D. and Stacie M. Wrobel and all dues were brought current. A lien release was prepared for signatures and filing. Reconciled month-end report with Carlton Collections. December financials were emailed to Wayne Ross for his review.

February 2015

A lien release was prepared for Andrew Valdez for board signatures. Lot consolidation request received from Keith Magowan for Unit 1, Block 1, Lot 1 @ 0.85 Acres; Unit 1, Block 1, Lot 2 @ 1.07 Acres; Unit 1, Block 1, Lot 3 # 1.05 Acres; and, Unit 1, Block 1, Lot 4 @ 0.81 Acres for a combined tract size of 3.78. A resolution was prepared for board approval and signatures. Emailed information to Wayne Ross concerning lots that are 3+ acres in size. Some of these lots were grandfathered in and pay only $155. Others that have been consolidated pay double dues. Issuance of Treasurer’s Deed notification received from Alamosa County Treasurer on Unit 2-Block 39-Lot 46 @ .52 Acres to Carl Brent Thompson on May 25, 2015. Second notice letter prepared to try and have Mr. Thompson reimburse the ZHA for payment of the 2013 property taxes in the amount of $53.48. Mr. Thompson has reimbursed the ZHA. Received notice from Betty Westbrook and John Needham that their lot consolidations were completed in 2014. Corrected dues invoices and sent out. January financials emailed to Wayne Ross for his review. January month-end reconciliation completed with Carlton Collections.

Caretaker’s Report: Caretaker Jack Zeman presented a list of his activities for December 2014-February 2015:

December 2014/January 2015

December 10 – Marked Emergency Escape route on BLM. December 17 – Contacted Dan Russell to arrange for marking along BLM/Zapata boundary @ South Zapata Creek. December 18 – Sand roadway at front gate. December – Dumpster check December 12 – Met with Adam Moore to assess beetle infestation, contacted Joe Funk about removing 25 beetle infested trees from subdivision. January 3 – Contacted Haggai Lumber about removing 25 beetle infested trees from subdivision.

January/February 2015

January 23 – Contacted Blaine Witherspoon, M/H Fire Chief regarding no heat in TNC building housing Engine Tanker January 24 – Review location of Beetle infested trees with Joe Funk January 29 – Observe beetle kill project. February 4-7 - Met with Erin Smith to review property line for South Emergency Exit and cut 2 trees and limbed trees along property line to BLM property Snow Plowing 17.5 Hours

Committee Reports:


Fire Trailer Shed: Chairman Tyra Barnes reported on the recent joint Architecture/Fire Committee meeting. The committees discussed the shed that was recently moved from Little Bear by George Freeman without prior approval, to house the new fire trailer that George is making for the ZHA. It was agreed that the size was too small and the appearance of the shed a bit shabby, and that this particular shed should be dismantled when weather permitted. Wayne Ross offered a storage shed located on his property off Hampton Run close to Lake of the Falls that would be centrally located on the subdivision and would have easy access. It was suggested that the fire trailer now owned by the ZHA be re-located on Unit 1-Block 16-Tract A, an 18 acre property owned by the ZHA. This location was suggested as there will be a fire escape route and defensible space created in this area in the very near future. Initially a tarp and simple overhead structure would be built to protect the trailer with the hopes that a shed could be built sometime in the future that would completely enclose the trailer and provide storage for other fire-fighting equipment. Discussion was also held on the need to create a group of volunteers from the community that could assist in the seasonal maintenance of the fire trailers and be trained in the use of the fire trailers.

Erin Smith moved to follow the recommendations mentioned above by the Architecture and Fire Committee members for the fire shed and fire trailers. John White seconded and the motion carried unanimously.

Alleged Violations: Current Policy #026.00 – Enforcement of Governing Documents was discussed for revision when a complaint is received and the follow through to resolution. The Governance Committee will look over this policy and report back to the Board. Troy Campbell recommended putting something on the website for formally filing a complaint. This suggestion will be evaluated by the Communication Committee.

Jack reported that the residence being constructed by Marc Cirrincione is progressing.

Communication: Chairman Anna Dvorak was absent so no report was given.

Fees & Budget: Chairman Wayne Ross reported that at the end of 2014, cash-on-hand was approximately $40,000.00. The Replacement Reserve Account balance is now $22,000.00 and the Operating Reserve Account balance is $13,000.00. Wayne requested that two line items be added to the 2015 budget under Fire: Grant Proceeds and Pheromone Pouch Reimbursements. Wayne also stated that he has reviewed the culvert replacement schedule provided by Jack. The different dues structure scenarios have been examined by Wayne and his committee will discuss and bring the committee recommendations back to the Board.


Update and New Emergency Exits: Jack stated that he, Wayne and Tyra had recently met with Erin on her property that will be used as one of the emergency exits off of the subdivision to look at the new boundary. Tree pruning has begun and a jeep trail will be flagged. More work will progress as weather warms up. Fencing options will be discussed once all the work has been completed as well as signage being installed. Pine Beetle Update: J & J Construction has harvested 25 fir trees that were identified as infected with pine beetle and removed from the subdivision. Also the area where these trees were removed has been cleaned out. Fire Trailer: This topic was discussed under Tyra’s report under Architecture. Signage will also be made to identify where the trailers are located. Pheromone Pouches Order: The committee agreed to split the order between pouches needed for the Douglas fir and pouches needed for Ponderosa. This will make is easier to keep from mixing up the different pouches as well as the timing of installation of the two kinds of pouches is different. A few property owners are interested and are adopting an area of trees and purchasing pouches for these trees. The plan is to put pouches on perimeter of areas that were mitigated last year. Discussion followed on the number required for each of the different pouches.

Wayne moved to purchase 1400 pouches for Douglas fir and 1000 pouches for Ponderosa trees. Tyra Barnes seconded and the motion carried unanimously.

Aspen Harvest: Jack stated that the California Circle area towards Mill Run has a lot of mature Aspen trees and presents a forest management concern as most are already dead or dying. Adam Moore, State Forester, believes this is a viable forest management project and that these trees should be harvested. This project would work much like the timber sale conducted last year. Alpine Lumber is La Jara is interested in the logged trees as they are used in log home construction. The Aspen in this area are also densely spaced which does not promote regeneration and harvesting would promote new Aspen regeneration. Discussion was held on how best to handle this situation.

Tyra Barnes moved to have Jack Zeman along with Adam Moore and a representative from Alpine Lumber visit the subdivision to look at the Aspen areas in question to see if logging them is viable. John White seconded and the motion carried unanimously.


1st Reading – Policy #014.01 – Budget Process Revision. Suggested revisions were reviewed and the document will be prepared for the 2nd reading at the May meeting. 1st Reading – Policy #030.01 – Camping Revision. Discussion was held around the 1975 Covenants not allowing camping in Unit 1. 1981 Covenants do allow camping in Units 2, 3, and 4. The current Board is endorsing the 1981 Covenants as the governing document for the entire subdivision. Suggested revisions were reviewed and the document will be prepared for the 2nd reading at the May meeting. 1st Reading – Policy #032.00 – Vehicles on Greenbelts. The wording for this new policy were reviewed and the document will be prepared for the 2nd reading at the May meeting.

Physical Improvements and Maintenance:

Independent Contractor Contract: Prior to the latest pine beetle infected trees being removed, Jack drew up an agreement with J & J Construction outlining the scope of work to be performed. All parties have signed this agreement. John would like to see more definition on what the scope of work performed would be and perhaps creating an agreement for each instance would be advised. Discussion followed with Wayne suggesting a standard agreement and adding an attached exhibit to each agreement with specific line items to be completed and dollar amounts. Jack will create an Exhibit for the current agreement now in place with J & J Construction.

Water: Chairman John White stated that he have reviewed the 2015 Water Directives in the current Strategic Plan. He and Jack Zeman visited Alamosa Land Use office to review plats filed with the County. The following: Directive 3: Research alternative uses and quantities of commercial, RV and dormitory water. Document method of converting permitted usage to individual homeowners (nothing can change here without opening the decree). Directive 4: Investigate opportunities to acquire/sell water (the ZHA as a whole does not own the water. The water is allocated to individual lot owners).

Welcome: Carol Sperling recently notified the Board of new renters Lindsey Pruett and Robert Pogue, in their residence @ 506 Mill Run. Welcome Committee Troy Campbell will contact the new renters to see if they have any questions about the subdivision. John White stated that Lindsey is a new ranger at the Park.

Old Business:

Covenants Revision – Conviction Letter: Discussion was continued on sending the Conviction Letter out to membership for their input on a possible Covenants Revision. It was decided that prior to sending this letter, information should be posted on the website in the forum section where property owners can review and post any questions they might have. Information will also be posted that the current ZHA Board is governing under the 1981 Covenants.

Erin Smith moved to send the Conviction letter to membership. John White seconded and the motion carried unanimously.

2015 Mission Statement: Discussion was held on revising the current 2015 Mission Statement/Strategic Plan. John White has suggested the following new wording for the Mission Statement: “It is the desire and intent of the Board to interpret the spirit, keeping in mind the letter, of the governing documents as they apply to the needs and character of our past, present, and future rural, mountain community.” It was also decided to add the following wording to the opening paragraph under Directives/Details: “in compliance with the 1981 Covenants.” This again states the current Board’s position on governing the entire subdivision under the 1981 Covenants.

Tyra Barnes moved to revise the current 2015 Mission Statement/Strategic Plan with the above mentioned wording. Wayne Ross seconded and the motion carried unanimously.

New Business:

Lois Widhalm, Alamosa County Treasurer, Email Unit 2-Block 27-Lot 1: Cindy provided the Board with a detailed email from Lois Widhalm concerning Unit 2-Block-27-Lot 1. In this email, Ms. Widhalm outlined the recent transfer of ownership by Treasurer’s Deed to Dan Gentile after an inquiry by Peter West. Mr. West purchased a tax certificate for this parcel in the tax lien sale November 17, 2011, for 2010 delinquent taxes. Mr. West endorsed the taxes for years 2011, 2012 and 2013. He applied for a Treasurer’s Deed on August 12, 2014. The Office of the Treasurer began the deed application process and ordered an Ownership and Encumbrance Report, which was received from Allpine Title. Review of the O&E Report showed that a Treasurer’s Deed had been issued on this property to D.J. Gentile a/k/a/ Dan Gentile. This Treasurer’s Deed was recorded on February 17, 2010, as reception

341408. Jurice Montoya, Chief Deputy, informed me of this and we

conducted a complete review of the file and the O&E received. I met with Sandra Hostetter, Alamosa County Assessor. Her review showed that this Treasurer’s Deed had not been changed in her office, changing the ownership from Jay Scott Michaud to Dan Gentile. This was corrected in the Assessor’s office and the ownership was changed in the county records. Because the owner name had not been changed, no tax notices were being sent to Mr. Gentile, which resulted in the parcel going back to tax lien sale and a lien was purchased by Mr. West. I informed the Board of County Commissioners of the chain of events regarding this matter. Mr. Gentile was notified and agreed that he does have responsibility for the outstanding taxes. Therefore, a redemption of the tax lien was processed and Mr. West was sent a full redemption of taxes paid, plus interest and a full return of his original payment to begin the Treasurer’s Deed process. This redemption was dated December 29, 2014. Lot Consolidation Request from Keith Magowan Unit 1-Block 1-Lots 1-4: A resolution to consolidate Unit1-Block 1-Lots 1-4 into a tract of 3.78 acres was created for Board signatures after a request from Keith Magowan.

Wayne Ross moved to approve the above lot consolidation request by Keith Magowan. Erin Smith seconded and the motion carried unanimously.

Glass Recycling: John White reported that he had no responses about glass recycling after posting the announcement on the website. Discussion was held on whether to continue this or not. Coordination will be needed if a lot of glass is coming in at one time so that glass can be crushed immediately. An announcement will be posted on the website with a two to three week lead time so that the Park can be notified and crushing can be done immediately upon delivery. Erin also announced that there will soon by glass recycling in Alamosa.


DATE ACTION ASSIGNED TO DUE DATE 10/18/2013 Organize Volunteer Work Days Tyra and Nancy Starling Ross ON-GOING 11/21/2014 Follow Up with ISO Jack Zeman 5/15/15 11/21/2014 Fence between ZHA/BLM Jack Zeman 5/15/15 11/21/2014 Fire Break ZHA/BLM Fire Committee 5/15/15 2/20/2015 Website Posting on Property Owner Complaints/Establish Chat Forum Anna 5/15/2015 2/20/2015 Draft Exhibit to J & J Construction Agreement Jack ASAP

20-Minute Open Forum: Discussion was held on procedures going forward on Board activities since there are fewer board meetings per year. It was decided that when an issue arises the Administrator will poll Board members on how they wish to proceed. Outcome of vote will determine how to proceed. It was also decided to have Anna work with Shane to set up a messaging function on the website where a chat forum can be established for membership to follow discussion if they so desire.

Adjournment: The next regular board meeting of the Zapata Homeowners Association will be held on Friday, May 15, 2015, at 5:30 PM at the Mosca Community Building.