Board of Directors Meeting

November 21, 2014 - 5:30pm - 7:30pm MOSCA COMMUNITY BUILDING AgendaMinutes ZAPATA HOMEOWNERS ASSOCIATION Board of Directors Meeting November 21, 2014

Call to Order: The Board of Directors for the Zapata Homeowners Association held its regular meeting, Friday, November 21, 2014, at the Mosca Community Building at 5:30 PM.

Board Members Present: Jack Zeman, Erin Smith, Wayne Ross, Tyra Barnes, Anna Dvorak and Troy Campbell. Member John White was absent but prior to the meeting, gave his proxy to Anna Dvorak for voting purposes during the 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 September 19, 2014: Tyra Barnes moved to approve the September 19, 2014, minutes as presented. Wayne Ross seconded and the motion carried unanimously.

Approval of Bills to be Paid: Administrator Cindy Chapman requested that the following two checks be included in the bills to approve for this meeting: Check # 2592 to J & J Construction in the amount of $665.00 to remove rocks and slash from the greenbelts. Check #2593 to Mountain West Insurance in the amount of $7261.50; $6,025.50 for liability insurance premium from 12/28/2014-12/28/2015 and $1236.00 for umbrella insurance premium from 12/28/2014-12/28/2015.

Erin Smith moved to approve the bills as presented with the inclusion of check numbers 2592 and 2593. Wayne Ross seconded and the motion carried unanimously.

Administrator’s Report: Administrator Cindy Chapman provided the following list of her activities for October-November, 2014:

Finalized 2015 budget, board strategic plan and Zapata Zephyr and sent to O & V Printing to prepare and mail to membership. Finalized and mailed response letter to Gary DeSpain for Architecture Committee. Gary never received mailed copy, so emailed the letter to him for review. Emailed rejection letter from CO State Forest Service concerning the forest restoration grant application submitted by the ZHA. The CO State Forest Service received 47 applications requesting over $3 million. Through a competitive process within the State of CO only 39 of the applications were eligible to compete for available funds. Unfortunately, the 39 applications totaling more than $2.7 million in funding requests far exceeded the $1.1 million of available funds. September month-end financials emailed to Wayne Ross for his review. Emailed 2014 Augmentation Report to Water Division III. September month-end reconciliation completed with Carlton Collections. 1 lien release for Werner Family Revocable Trust prepared for signatures.

November 21, 2014

Emailed 2014 Water Use Data Submittal Form to Water Division III. Emailed proof of payment to Haggai Forestry ($13,457.19) and Conservation Legacy ($28,800.00) to Jack Zeman to begin grant reimbursement submittal for fire mitigation work completed. Sent Fire Committee meeting information to Terri for posting on the website. Emailed court documents to Jack Zeman and John White concerning third amended water rights application on commercial water. Emailed Jack Zeman and Wayne Ross for signatures on letter to send Martinez and Associates to begin the 2014 financial review process. Sent certified letters to Adolph Muniz and Gary Curley to obtain permission to mitigate any dead/diseased trees on their properties for ongoing fire mitigation. Permission received from Adolph Muniz but Gary Curley declined giving permission on his properties. Emailed Governance Committee meeting information to Terri for posting on the website. Emailed past Covenants re-write proposals to board to prepare for discussion at the November board meeting. Emailed documents requested by Governance Committee to begin editing or creating new policies/bylaws changes necessary to address number of meetings required of the ZHA Board, camping policy, both sets of Architectural Guidelines and the policy template. Emailed October financials to Wayne Ross for his review. Reconciled October month-end delinquent accounts with Carlton Collections. Status letter sent to Allpine Title for lot Unit 2-Block 49-Lot 11 for a closing of 12/1/2014. Composed letter to be sent to Carl Brent Thompson concerning Unit 2-Block 39-Lot 46.

Caretaker’s Report: Caretaker Jack Zeman presented a list of his activities for October-November, 2014:

October/November – Trim branches overhanging roads along Lake of the Falls between Navajo and Blanca Place; Big Bear before Bennett’s driveway. November 3 – Cleared a sight line along south boundary of Erin Smith’s property for emergency exit. November 3 – 7 – Worked on Request for WRRG Reimbursement documentation, accomplishments, before and after pictures, proof of payment for $21,875 50% match of SWCC mitigation work ($28,800) and Haggai Forestry mastication ($13,457). September 29 – Completed Evaluation Survey for 2 SWCC hitches this summer. October 17 – Completed subdivision culvert survey and created spreadsheet detailing location, size, and replacement costs. October 25 – Created D-Space Application Form for Fire Committee to review. October 26 – Met with Marie Zanowick at her property on Mill Run to explore mitigation opportunities. November 1 – Contacted Blaine Witherspoon, M/H Fire Chief, to arrange meeting to show fire access improvements. Talked about ISO. October – Contacted Hoby Dixon and Adolph Muniz (Thanks Erin) for permission to cut beetle kill on property Cedar Ridge and Uracca. October 23 – Met with Verlyn Boese from Higher Ground to discuss harvesting Juniper for cedar posts.

Jack stated that contact had been made with a person from ISO to do an evaluation of the subdivision. Verlyn Boese has made an offer of $10/post for any juniper harvested from the subdivision. The fence between the ZHA and BLM properties will need to be replaced at some point in the near future. Discussion was held as to whether this fence even needs to be there and if the subdivision is required to repair this fence. Jack will contact the BLM concerning this issue.

Committee Reports:

Architecture: Chairman Tyra Barnes stated that a meeting with Gary DeSpain has still not happened. She stated that three property owners had been sent letters concerning some of DeSpain’s observations. A response has been received from one property owner.

Communication: Chairman Anna Dvorak stated that work on the website has stalled due to her not getting any response from Shane. She is re-thinking designing a new website due to this issue. Jack will see if he can make contact with Shane concerning his lack of response to Anna.

Fees & Budget: Chairman Wayne Ross stated that the cash position of the ZHA is looking good and on track with his projected year-end balance. Wayne is projecting around $40,000 excess cash with the grant monies still to come in (excluding $10,000.00 to be placed in replacement reserve account and $13,000.00 to be placed in the operating reserve account). He has looked into different options for investing excess cash but with the interest rates so low, the excess likely will remain in the bank account.

Fire: Jack stated that a committee meeting had been held on November 19, 2014. The beetle kill assessment requested from Adam Moore had not been received. Upon receipt of this assessment, the ZHA will need to make a decision on whether to order more pheromone pouches for next spring. The clearing of the south border of Erin Smith’s property for one of the escape routes turned out to be easier than anticipated. Work will take place over the next few weeks to cut a trail for the escape route. Width will be between 6 feet to 7 feet (approximate width of a front-end loader) and fill or rock removal may need to be done. Signage will also be necessary.

Jack handed out an application for defensible space matching grant monies that he created for property owners’ use with instructions. These grant monies are just for homeowners at this point in time. He will check to see if undeveloped property is eligible. Each application will be submitted to the Fire Committee for review and the committee will approve/decline the proposed work. A form will need to be submitted showing hours involved with mitigation work if individual does the work or proof of payment to a contractor showing payment amount. Each application will then be submitted for reimbursement to the Department of Natural Resources. Clarification is needed if machinery is used for the mitigation project and what that reimbursement amount would be.

Due to all of the mitigation work completed on the subdivision greenbelt, a greenbelt access restriction/enforcement is being developed by the Governance Committee.

The 2014 mitigation/timber sale was discussed during the committee meeting and thoughts for a 2015 timber sale. The scope of work is drawn up by the Colorado State Forest Service. Jack felt that all mitigation work completed was a benefit to the subdivision. It was a big endeavor with hopes that future work will not encompass such large areas.

The boundary between ZHA property and BLM property has many dead Douglas fir in the area along S. Zapata Creek. Discussion needs to be done between the two parties to see if a fire break can be made to protect property on the subdivision with most of the work being done on BLM property side. Possibility would be to clear cut this fire break as most of the trees are dead in the area. Before any large scale mitigation work, the ZHA will allow Forrest Ketchin to do a Culturally Modified Trees (CMT) survey first.

Governance: Chairman Erin Smith reported that her committee met on November 6, 2014. Many topics were discussed during this meeting. They were: 1) Policy on Vehicles on Greenbelts – a first reading will be done at the February board meeting; 2) Revision of Policy 14 – Budget Process -- to reflect the budget process now that the board is meeting six times per year. This will be revised for a first reading at the February board meeting; 3) Revision of Policy 30 – Camping – to insert wording that no camping on greenbelts will be allowed at any time. This will be revised for a first reading at the February board meeting; 4) Revision for both the Residential and Commercial Architectural Guidelines addressing outside storage and insertion of wording to address culverts; 5) Revision of the Bylaws to address Section 4 – Board Meetings – changing number from 12 meetings per year to 6 meetings per year as approved at the Annual Meeting.

The committee also thought it would be a good idea when a property owner lodges a complaint about violations, that the Board ask the property owner to cite the violation in the Covenants, Bylaws, Policy, and/or state statute.

Wayne Ross moved to amend the current Residential and Commercial Architectural Guidelines to address outside storage and culverts as follows:

Strike – Outside Storage – “The open storage of a motor home or travel trailer, either with or without wheels, on any parcel of property is prohibited. A motor home, trailer, motorboat, houseboat, or similar water-borne vehicle may be maintained, stored, or kept on any parcel if housed completely within a structure that has been approved as an outbuilding. Retain – Any outside storage areas must be shielded from public view by approved screening. Insert the following under Culverts – “Landowners who improve a driveway to their lot that passes over a drainage ditch established by the ZHA shall provide a culvert under the drive in that ditch. Maintenance and replacement of the culvert will be the responsibility of the ZHA. For driveways that do not cross an established ditch, no culvert is necessary until such time as a drainage ditch is established. That culvert shall be provided by and maintained by the ZHA.” Anna Dvorak seconded and the motion carried unanimously.

Physical Improvements: Jack stated that as mentioned in his Caretaker Report, he has completed the culvert survey showing where all culverts are located on the subdivision. The fall grading has been completed.


Update on Court Case: Chairman John White was absent but Jack gave an update on the commercial water court case. The water judge ruled with TNC that they disagreed with language in the water decree that the Lower Lake water is for fire protection. The ZHA attorney has advised not to object to this ruling but reserve the right to object at a later date in order to move this issue along. The ruling that the ZHA is still waiting on is the change of commercial water usage based on acreage to actual use.

During the summer flooding, the pipeline at the Upper Lake became plugged. Unplugging of the pipeline is TNC’s responsibility and they have stated they will not do any work on this structure at the Upper Lake until spring. Jack is concerned if an early run off should occur but the ZHA does not have any say in how the pipeline is managed.

Welcome: Chairman Troy Campbell had no report.

Old Business:

There was no old business to come before the Board at this meeting.

New Business:

2015 Budget Approval: Wayne Ross moved to approve the 2015 Budget as published and sent to the membership. Tyra Barnes seconded. Anna Dvorak voted John White’s proxy in favor. The motion carried unanimously. Covenants Revision Discussion: Tyra gave a history on how this topic was brought up again. During the Architecture Committee meeting to discuss the DeSpain observations, discussions were held on the current Covenants and the topic of trying to change them to bring them into a more current version addressing the subdivision as it is now. Tyra presented a handout on steps discussed for a possible Covenant change. Tyra’s son-in-law, an attorney, had presented his insights into this issue from a legal point at no cost or obligation of the ZHA. A conviction letter had been drafted by Tyra, John White, Jack Zeman and John Barnes and she handed out for board review and input. It was decided to have Erin edit and try to get content down to one page. Upon approval, this letter would be mailed out to property owners with a stamped, return envelope to try to get enough positive response to move forward with this project. Two documents from the ZHA attorney, Erich Schwiesow, were emailed out to board members, for their review and history as to what had been done in the past few years regarding a Covenant revision. Jack advised all board members to review these documents to get a good idea of what can be done. In a January 11, 2013, memo to the Board, Erich suggested that the current Board adopt a position on the 1975 and 1981 Covenants, “As set forth in my memo of May 5, 2006, it is fairly clear that only the 1981 Covenants are applicable to Unit 2. Any of three positions with respect to which Covenants are applicable to Unit 1 may be made: The 1981 Covenants amended and superseded the 1975 Covenants with respect to Unit 1, and are the only Covenants applicable to Unit 1. The 1981 Covenants did not supersede the 1975 Covenants but rather are in addition to them, and thus both sets of Covenants are applicable to Unit 1. Where there is a conflict the 1981 Covenants as the move recent would control; Only the 1975 Covenants are applicable to Unit 1. “As noted in my earlier memo, all three positions seem about of equivalent merit to me.” Discussion was held on the different ways to pursue this issue.

Wayne Ross moved that the current ZHA Board establish the following guidance in regard to the 1975 and 1981 Covenants. The 1981 Covenants amended and superseded the 1975 Covenants with respect to Unit 1, and are now the only Covenants applicable to Unit 1. That Units 2, 3, and 4 are covered by the 1981 Covenants and supersede the 1975 Covenants. Anna Dvorak seconded. Anna Dvorak voted John White’s proxy in favor of the motion. The motion carried unanimously.


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 2/20/2015 11/21/2014 Fence between ZHA/BLM Jack Zeman 2/20/2015 11/21/2014 Pheromone Pouches 2015 Fire Committee 2/20/2015 11/21/2014 Fire Break ZHA/BLM Fire Committee 2/20/2015 11/21/2014 Review Documents from Prior Covenants Revision Attempts ZHA Board Members 2/20/2015

20-Minute Open Forum: Glass recycling is not recommended by the ZHA to use the Dunes facility. Following the meeting, it was decided that the Dunes would allow glass recycling from ZHA residents. Guidelines/restrictions on this use will be posted on the ZHA website and must be strictly adhered to or the privilege will be revoked.

Adjournment: The next regular board meeting of the Zapata Homeowners Association will be held on Friday, February 20, 2015, at 5:30 PM at the Mosca Community Building.

Tyra Barnes, Secretary