Board of Directors Meeting

August 21, 2015 - 5:30pm - 7:30pm MOSCA COMMUNITY BUILDING AgendaMinutes ZAPATA HOMEOWNERS ASSOCIATION Board of Directors Meeting August 21, 2015

Call to Order: The Board of Directors for the Zapata Homeowners Association held its regular meeting, Friday, August 21, 2015, at the Mosca Community Building at 5:30 PM.

Board Members Present: Jack Zeman, Erin Smith, Tyra Barnes and Troy Campbell. Anna Dvorak attended via telephone. Prior to the meeting Wayne Ross gave his proxy to Erin Smith and John White gave his proxy to Tyra Barnes for voting purposes at this meeting. Administrator Cindy Chapman was present. There were no property owners in attendance.

Approval of the Agenda: The agenda was approved as published.

Approval of Minutes from June 19, 2015: Erin Smith moved to approve the June 19, 2015, minutes as presented. Tyra Barnes seconded and the motion carried unanimously with proxies.

Approval of Minutes for August 1, 2015, Annual Meeting: Erin Smith moved to approve the August 1, 2015, Annual Meeting minutes as presented. Anna Dvorak seconded and the motion carried unanimously with proxies.

Approval of Bills to be Paid: Erin Smith moved to approve the bills as presented for July and August 2015. Tyra Barnes seconded and the motion carried unanimously with proxies.

Administrator’s Report: Administrator Cindy Chapman presented the following list of her activities over the past two months. She also provided extra detail as to what she handled on a daily basis as well as the amount of time involved:

6/22/2015: (8 Hours) File lien releases with County Clerk and property search with County Assessor. Mailed certified letter to J. Marshall concerning upcoming issuance of Treasurer’s Deed and payment of delinquent dues. Emailed lot consolidation request to Alamosa County Land Use and DeLeon. Transcribe 6/19/2015 meeting minutes. Emailed ACFPD fire truck insurance company notification to ZHA insurance carrier and Erich.

6/23/2015: (1 Hour) Format and email Annual Meeting notification information to O & V Printing with address schedule. Emailed May minutes to Terri for posting on website.

6/24/2015: (1.5 Hours) Monthly A/R reconciliation. Emailed letter to Jim Mietz concerning lien and delinquent dues.

6/25/2015: (2.5 Hours) Review and required action on emails. Adjust 2015 budget categories per Wayne Ross. Pick up Annual Meeting notices from O & V Printing that require airmail postage and mail.

6/27/2015: (.5 Hours) Forward Pam George email on to Jack Zeman.

6/30/2015: (.5 Hours) Returned 2015 dues payment to property owner whose account is current. Post office mail check.

7/1/2015: (3 Hours) Prepare and deliver 2014 financial information to Martinez to begin 2014 Financial Review. File lien releases.

7/2/2015: (.5 Hours) Deposits to bank.

7/5/2015: (.5 Hours) Phone message follow up with Charles Albrecht concerning gate. Not a listed property owner but found out holds property under Emerson Properties.

7/6/2015: (3 Hours) Incorrect bill received from Alta Fuels, called and corrected. Reconciled bank accounts and sent June financials to Wayne Ross. Checking post office daily for proxy returns. Prepared lien released for M. Beiriger and J. Mietz. Forwarded Martinez engagement letter for 2014 financial review to Wayne Ross for his signature and emailed signed document to Martinez. Prepared 2015 financial report for annual meeting. Updated DORA registration on-line.

7/8/2015: (.5 Hours) Phone call from Teri Rogo @ 480-922-4026 who is the insurance contact for ACFPD concerning ZHA/TNC insurance claim on tanker. Claim #10079947. Reviewed dues payments with Robert Brownlow 2004-2015.

7/10/2015: (2 Hours) Email correspondence with Brent Thompson concerning property taxes and Treasurer’s Deed issued 5/2015. Called Mondragon to set up portajohn for Annual Meeting. Printed off J & J Schedule of Rates to include in August board packets. Called Joe Funk to submit a bill for July payment.

7/13/2015: (2 Hours) emailed sub-acre lot information to John White. Make deposit @ bank. Monthly collections reconciliation with Carlton Company for June. Insurance documents on fire truck emailed to Jack, Wayne and Erich.

7/14/2015: (1.5 Hours) Print checks and financials for July signing and email to Jack, Wayne and Erin. Deposit to bank. Called Southwest Title to obtain Warranty Deed on Schwalm sale. Emailed payment reminder to P. Chain for 2015 dues.

7/16/2015: (.5 Hours) Completed documents for D & O insurance renewal. Cut check for $1100.00, renewal amount to signing at annual meeting.

7/17/2015: (6 hours) Prepared database for annual meeting registration and documents prepared to handouts. Provided Mondragon with Wayne Ross contact info for delivery on portajohn to subdivision. Phone conversation with Joe Funk concerning L. Snodgrass properties.

7/18/2015: (.5 Hours) Phone conversation with irate property owner on late/lien fees assessed because on non-payment of 2015 dues.

7/20/2015: (2 Hours) Deposit to bank. Lien released filed with County Clerk. Multiple responses to emails.

7/21/2015: (1 Hour) Response to B. Westbrook concerning her recent Treasurer’s Deed acquisition. Lengthy phone conversation with M. Cassell concerning past due account and clearing it up.

7/22/2015: (3 Hours) Receipt of dues and late/lien fees on L. Snodgrass dues from J. Funk. Prepared lien release L. Snodgrass. Post Governance Committee meeting minutes. Emailed Policy #26 document to Governance Committee for edits to make revision and prepare for first reading @ August board meeting.

7/27/2015: (3 hours) Forms completed for USDA NRCS monies. Prepared proxy count for annual meeting. Recorded lien release emailed to J. Mietz.

7/28/2015: (2 Hours) Phone call from G. Duncan concerning sale of his property and called Southwest Title to receive copy of Warranty Deed. Prepared ballots for annual meeting.

7/29/2015: (4 Hours) Emailed Policy #9.04 to Governance and Fees & Budget to prepare letter to mail to 2015 delinquent property owners prior to turning accounts over to collections. Prepared final proxy count and proxy ballots. Covenants postcards received late gathered to give to Erin at annual meeting. Purchase food, etc. for annual meeting. Notice from Allpine Title of property transfer to T. Lindemann. Emailed Welcome Letter to T. Lindemann to confirm correct email address.

7/30/2015 (.5 Hours) Responded to draft letter written by Wayne concerning notice prior to turning accounts over to collections.

7/31/2015: (3 Hours) Emailed statement examples and explanations to Wayne for enclosure with delinquent property owner notification letter being drafted. Patio application submitted by J. White sent to A/C member for their review and approval. Copy of Warranty Deeds obtained from Southwest Title on property transfer from G. Duncan to D. Larkey as well as I. Schwalm to Pecan Grove Stables.

8/1/2015: (6 Hours) Annual Meeting

8/3/2015: (5 Hours) Emailed conviction letter documents to DeLeon. Emailed lot consolidation information to Wrobel. Transcribe annual meeting minutes. Emailed new property owner architecture guidelines information to T. Lindemann and answered additional questions.

8/5/2015: (.5 Hour) Governance minutes posted to website and emailed to P. George.

8/6/2015: (1 Hour) Correct and email back annual meeting minutes for final review. Prepared lot consolidation resolution for Wrobel for approval at August board meeting.

8/7/2015: (.5 Hours) Prepared draft agenda to email to board for additional items.

8/10/2015: (4 Hours) Reconciled bank accounts and email July financials to Wayne. Prepared budget spreadsheets to begin 2016 budget process for committees. Respond and edit delinquent dues letter for Wayne. Phone conversation concerning delinquent accounts for B. Werner and B. Bosche and answer questions concerning aspen harvest.

8/11-8/16: (3 Hours) Emailed Martinez questions on A/R and additional inquiries to Wayne to for review and input. Upon receipt from Wayne, reviewed and edited some comments and recommended A/R amount to be written off.

8/17/2015: (4 Hours) Prepare for August board meeting. Print checks, financials, and board packet documents.

8/19/2015: (.5 Hours) Received phone call from B. Kirkham concerning recent property purchases from B. Westbrook and B. Emerson. Explained how lot consolidations work and asked him to email lot consolidation request for an agenda item for September board meeting.

76 Hours Total for July-August

Caretaker’s Report: Caretaker Jack Zeman presented the following list of his activities for July-August 2015:

Date Activity Hours Start Mi End Mi Miles 22-Jun Pipeline running 0 0 23-Jun Check augmentation site 0.25 0 24-Jun Check upper lake and augmentation 0.25 0 25-Jun Check upper lake and augmentation 1 0 26-Jun augmentation and dumpster 1 608 615 7 27-Jun augmentation 615 616 1 28-Jun 0 29-Jun augmentation check ditches 1 628 637 9 30-Jun upper lake augmentation culverts 2 637 647 10 1-Jul Water 647 656 9 2-Jul 0 3-Jul pipeline check so Zapata check slash site 2 656 668 12 4-Jul 0 5-Jul 0 6-Jul 0 7-Jul 3/4" rain clean culverts aug site 2 688 700 12 8-Jul Dumpster 0 9-Jul water check, Albrecht lots research 1 700 710 10 10-Jul clean culverts side boards 1 710 720 10 11-Jul 0 12-Jul 0 13-Jul 0 14-Jul 0 15-Jul 0 16-Jul Adam work on Firewise Assessment 2 0 17-Jul cottonwood in road, check so Zapata 3 755 771 16 18-Jul no water check pipeline 1 771 788 17 19-Jul work on aspen sale 1 0 20-Jul check pipeline cedar posts check 1 0 21-Jul FSA NRCS meeting 1 0 22-Jul Augmentation 0.25 0 23-Jul sign repair on Big Bear 1 0 24-Jul 0 25-Jul aug, Hampton ditch, cut boxes in dump 3 0 26-Jul 0 27-Jul 0 28-Jul dumpster mess, cottonwood clean up 3 869 876 7 29-Jul 0 30-Jul Augmentation 0.25 876 879 3 31-Jul NRCS field trip 3 0 1-Aug 0 2-Aug 0 3-Aug Adjust shunt, board in aug ditch 1 903 911 8 4-Aug 0 5-Aug 0 6-Aug 0 7-Aug Augmentation water 0.25 937 939 2 8-Aug 0 9-Aug 0 10-Aug 0 11-Aug augment, dumpster, grader 2 949 958 9 12-Aug grader, mattress @ dumpster 2 958 975 17 13-Aug grader, mattress @ dumpster 2 975 988 13 14-Aug grader, 2 signs reset on Big Bear 2 989 994 5 15-Aug 0 16-Aug 0 17-Aug Augmentation, Dumpster, Grader 2 3006 3016 10 Totals 42.25 187

Committee Reports:

Architecture: Chairman Tyra Barnes stated that her committee had approved a 12’ x 20’ brick patio application submitted by John and Bonnie White.

Communication: Chairman Anna Dvorak reported that she had no updates since submitting Request for Proposals to vendors to work on a new website. She will also be working on a Zapata Zephyr newsletter to send out with 2016 budget information.

Fees & Budget: Chairman Wayne Ross was absent. Cindy presented update on 2014 Financial Review. Inquiry questions have been answered and an agreed upon amount of delinquent dues on accounts of five or more years will be written off per accountant’s recommendations.

2016 Budget: The 2016 preliminary budget spreadsheets have been emailed to committee chairmen. Wayne would like to have preliminary budgets sent to him by September 10, 2015, so that his committee can meet to work on the 2016 budget to present at the September 18, 2015, board meeting. Fire:

Update on Emergency Exits: Jack stated that signs still need to be ordered and posted at the emergency exits. Aspen Regeneration Report: Jack spoke with Excelsior representatives. The owner of the company out of San Diego visited the subdivision to examine the wood and will be submitting a proposal to purchase all good and rotted aspen. This could result in ongoing future wood purchases. Firewise Community Application: Jack stated that this is an ongoing project. The initial application has been submitted and are now waiting for a representative to set up a site visit of the subdivision. USDA NRCS Program Application: Jack reported that a meeting is scheduled on 8/30/2015 with a Forest Service forester in Colorado, per program application requirements, to review the subdivision and application. If approved, this may lead to funds for the ZHA in 2016. Wood Fest to Sell Aspen: Jack stated that he had asked for this agenda item if Excelsior did not take the wood. He asked to table the wood fest for now as he personally is opposed to having the general public on the subdivision without having controls in place. Exotic Plant Management Plan with Great Sand Dunes: An invitation has been received from Great Sand Dunes to participate in an exotic plant management plan from Phyllis Bovine sometime in September. Invitations were issued to TNC and BLM as well. The overall purpose will be to identify exotic plants in the area as well as noxious weed information. Beetle Kill Plan for 2016: Jack would like the Fire Committee to meet to create a budget for 2016 with projects identified by the committee. Two areas he feels need to be budgeted for would be ongoing harvesting of new beetle kill trees and the amount of pheromone pouches to purchase.

Tyra reported that she had received a call from Sharon Mercier concerning people Sharon knew who needed fire wood. Tyra showed her the piles that Troy Campbell left on the side of the road and Tyra also pointed to the two logs laying on the side of the road across from another property owner’s driveway. The logs had been there for a while and Tyra was not aware that this property owner had plans for these logs or Tyra never would have pointed them out to take. Tyra, unfortunately for the property owner, was going by the ZHA general agreement that logs on the side of the road are for the taking. Fortunately this property owner realized what was happening and moved them onto his property before the logs were taken. Discussion followed with members deciding to write a policy concerning downed trees on the subdivision. Jack volunteered to write something up to present to the Governance Committee for their review.

Jack received an email from the co-owners of the Jim Jones residence stating they were having difficulty obtaining affordable insurance on their half of the residence. Jack sent them information on wildland/urban interface insurance information.

Erin stated that because of the recent moisture the cottonwood trees on Indian Hill Road have become very overgrown and could present a problem in the future, especially in a dry year. Jack stated that he was aware of this problem and the Fire Committee will be addressing this in the near future.

Governance:

3rd Reading – Policy #014.01 Budget Process Revision: It was stated prior to voting on the three third policy readings, Wayne Ross and John White had voted in favor via email. Erin Smith moved to approve the third reading of Policy #014.01. Tyra Barnes seconded and the motion carried unanimously. 3rd Reading – Policy #030.01 Camping Revision: Erin Smith moved to approve the third reading of Policy #030.01. Troy Campbell seconded and the motion carried unanimously. 3rd Reading – Policy #032.00 Vehicles on Greenbelts: Erin Smith moved to approve the third reading of Policy #032.00. Anna Dvorak seconded and the motion carried unanimously. 1st Reading – Policy #26.01 Enforcement of Governing Documents: The following wording has been suggested for insertion into the current policy: “The allegation must cite a specific, direct reference, e.g., the article, section, and/or policy number in the Covenants, Bylaws, policy and/or state statute being violated.” This will move forward for a second reading at the September 18, 2015, board meeting.

Physical Improvements and Maintenance: Jack presented an hourly rate schedule to be an addendum to the contract with J & J Construction. It remains the same as this past year.

Because of the recent moisture on the subdivision, mowing along the roadsides may need to be done on a yearly basis. Jack and Wayne may do some trial mowing with Wayne’s bush hog. Anna stated that she would not want to see mowing done in the fall as this has the potential of spreading weed seeds. Jack reported that the roads had recently been graded and rolled. The grader also worked on areas overgrown with weeds with good results. 1.2 miles of Lake of the Falls from Hampton to just past Navajo Road have had road base installed as part of the road improvement plan for 2015. The main roads on the subdivision now have a good road base cover. One portion of Mill Run still needs to be done. Big Bear will most likely be the next for road base.

Water: Chairman John White was absent but Jack reported that augmentation is continuing following the ZHA water decree. TNC recently worked on the seal on the pipeline at the point of origin which has helped move water down on the subdivision instead of leaking out.

Welcome: No update. Anna stated that she feels this should become an ad hoc committee as there is not much activity. Cindy receives notice of new property owners and can email the Welcome packet at that time. This Welcome packet will need to be updated as needed. Personal contact with new homeowners is still necessary so Troy and Anna will work on a procedure going forward for this.

Old Business:

Sub-Acre Lots Update: In the absence of John White, Tyra reported that John White and John Barnes met with Alamosa County Land Use to discuss sub-acre lots. Tyra presented a map that shows all of the sub-acre lots on the subdivision: orphaned, multiple adjoining, etc. These sub-acre lots do not pose a problem with the County, only the ZHA. The county is 100% successful in recouping back taxes. The good news is that much can be done with a sub-acre lot. Lot lines do not have to be abandoned as with a consolidation. A closed septic system is now available that can be used but is costly. Unsaleable sub-acre lots next to greenbelts can be absorbed into that greenbelt. John Barnes followed up with a call to Sandra Hostetter, Alamosa County Assessor. She stated that with two adjoining sub-acre lots owned by one entity, a house can be built on one and the septic on the other without consolidating these two lots or using a closed septic system. However, these two lots would then be forever bound together if a sale would occur. This would also reduce the property taxes on these two lots. A sub-acre committee meeting will be held to discuss these findings and work on different scenarios and policies going forward. Caretaker Salary: Tyra feels strongly that Jack goes over and above what is required of a board chairman and caretaker for the ZHA. She would like to increase Jack’s monthly Caretaker salary to $600. Anna felt that it should be more per month if it fits into the 2016 budget. Anna will email Wayne with her feelings and a monthly amount for the Fees & Budget Committee to consider when preparing the 2016 budget.

Jack turned over the meeting to Co-Chairman Erin Smith. Tyra Barnes moved to increase the Caretaker Salary to $600.00/month. This amount should be increased if Fees & Budget can make it fit into the 2016 Budget. Troy Campbell seconded, the motion carried unanimously with both Erin and Tyra casting their proxy votes. Jack Zeman abstained.

New Business:

Election of Board Officers/Committee Chairmen: Erin Smith moved to approve the following slate of Officers/Committee Chairmen for 2015-2016: Chairman: Jack Zeman – Co-Chairman Fire Committee Co-Chairman: Erin Smith – Chairman Governance Committee Treasurer: Wayne Ross – Chairman Fees & Budget; Co-Chairman Fire Committee Secretary: Tyra Barnes – Chairman Architecture Committee Anna Dvorak – Chairman Communication Committee Troy Campbell – Chairman Physical Improvements Committee John White – Chairman Water Committee Anna Dvorak/Troy Campbell – Co-Chairmen Ad Hoc Welcome Committee

Tyra Barnes seconded and the motion carried unanimously with proxies.

Computer Equipment Administrator: Cindy informed those present that she had done research on this subject prior to the meeting. Right now, she can publish any document to a pdf for emailing out to board members. There is an advanced Acrobat product, at a cost of $293.00, which can then take all of the separate pdf documents and incorporate into one pdf document. However, if individual board members do not have internet capability to receive this big of a file, it would not be beneficial. There also is a problem with the ZHA purchasing software or office equipment for the Administrator, as she is an independent contractor and not an employee which would open up a whole new can of worms. It was decided to have the Administrator publish board packet documents to individual pdf files and email out to board members by the Wednesday prior to board meeting dates. Lot Consolidation Request – Jack and Stacie Wrobel: Unit 2, Block 25, Lots 1 and 2 @ 2.53 acres: Cindy presented an email from Jack and Stacie Wrobel requesting a resolution be signed to consolidate the above mentioned lots into a tract of 2.53 acres.

Erin Smith moved to approve the above consolidation request. Tyra Barnes seconded and the motion carried unanimously with proxies.

Covenants Re-Write Discussion: Tyra stated that at least two attorneys feel that the 1975 and 1981 Covenants are too ambiguous and the best path is to look at the re-write work done in 2009. Simplification is key but must follow the KIOWA Act and enforce existing zoning regulations. The following are a list of bullet points that Tyra feels need to be addressed in the new Covenants re-write:

1-More than 1 attorney has stated that our Covenants are poorly written and could cause the ZHA and Board members to be liable in a law suit. There would also be costs involved in litigation. The ZHA would be liable for that money.

2- The county Land Use office, where Ken VanIwarden is director and Rachel Baird is the assistant director, recently stated that if Malcom Stewart (creator of the ZHA Covenants) approached the county with the 1975 and 1981 Covenants drafts they would not be accepted today. They said that Mr. Stewart did not follow through on what he told the county he was going to do.

3- The Covenants are outdated and need to be brought in line with our current community and current laws. Examples: a- Instead of the envisioned resort-like community with water and sewage lines, a golf course and an RV park, the Zapata community actually unfolded into a more rural-like community. b- The Covenants do not include any reference to the CCIOA (Kiowa) which is a state law specific to HOA’s and we are legally required to follow those rules. c- There is no reference to the Federal law covering a person with disabilities.

4-Because of the real threat of fire in Colorado, a fire mitigation/healthy forest project needs to be included in the Covenants. This directly affects all property owners in Zapata. More fire risk = less value for land and homes and increased or no insurance.

5-The way the Covenants stand now, there is confusion as to what part of Zapata is being referenced. The Covenants need a clear legal description of Zapata so the rules apply to all of it equally.

Tyra Barnes moved to hand the re-write of the Covenants over to the Governance Committee. Troy Campbell seconded and the motion carried unanimously with proxies.

ACTION ITEMS

DATE ACTION ASSIGNED TO DUE DATE 8/21/2015 RFP Follow-Up Website Anna Dvorak 11/20/2015 8/21/2015 Emergency Exit Signs Fire Committee 11/20/2015 8/21/2015 Policy Wood on Subdivision – Suggested Wording Jack Zeman to Governance Committee 11/20/2015 8/21/2015 Covenants Re-Write Governance Committee On-Going

20-Minute Open Forum: Anna asked if the meeting schedule could be changed to hold a board meeting in April instead of May. Erin stated that the policy #14.01 had just gone through the third reading and the change should have been submitted sometime during the three readings. It was noted that a special meeting of the board can be held at any time if needed.

Adjournment: The next regular board meeting of the Zapata Homeowners Association will be held on Friday, September 18, 2015, at 5:30 PM at the Mosca Community Building.


Tyra Barnes, Secretary