Board of Directors Meeting

June 19, 2015 - 5:30pm - 7:30pm MOSCA COMMUNITY BUILDING AgendaMinutes ZAPATA HOMEOWNERS ASSOCIATION Board of Directors Meeting June 19, 2015

Call to Order: The Board of Directors for the Zapata Homeowners Association held its regular meeting, Friday, June 19, 2015, at the Mosca Community Building at 5:30 PM.

Board Members Present: Jack Zeman, Erin Smith, Wayne Ross, Anna Dvorak, John White and Troy Campbell. Member Tyra Barnes was absent but prior to the meeting, gave her proxy to Erin Smith for voting purposes at this meeting. Administrator Cindy Chapman was present along with the following property owners: John Barnes and guests Theresa Hendricks and Robert Greathouse.

Approval of the Agenda: Jack Zeman asked to include Jim Mietz Lien Waiver be included under New Business. John White stated that a vote can be taken to include agenda items not published to the membership and the vote must pass by 2/3. Wayne Ross, Troy Campbell and Anna Dvorak voted in favor of including; Erin Smith, John White and Tyra Barnes by proxy voted against. Jack Zeman broke the tie vote by voting in favor but this did not pass by the 2/3 necessary, so this will be an agenda item for the August 21, 2015, board meeting. It was also decided to move agenda item “Llamas on the Subdivision” right after the approval of the agenda to accommodate visitors Theresa Hendricks and Robert Greathouse. The agenda was approved as published.

New Business:

Llamas on the Subdivision: Theresa Hendricks and Robert Greathouse are interested in purchasing the Tom Scrima properties but first must find out if llamas would be permitted on the subdivision. The llamas are necessary therapy tools for both Ms. Hendricks and Mr. Greathouse. They must also purchase a VA approved residence. John White explained that as the Covenants are currently written, llamas are not permitted on the subdivision. John asked if the llamas would fall under the same criteria as a seeing-eye dog being necessary for a blind person. There was no one in attendance that could answer that question. Explanation was further given but at this point in time, the Board’s hands are tied on this issue until a Covenants revision is approved by the membership. Jack suggested that they contact the Veterans Administration to see if there are any federal laws currently in place addressing this issue as federal law supersedes subdivision Covenants. Hendricks and Greathouse will investigate and report back to the Board.

Approval of Minutes from May 15, 2015: Erin Smith moved to approve the May 15, 2015, minutes as presented. John White seconded and the motion carried unanimously.

Approval of Bills to be Paid: Question was raised on the Russell Surveyors bill explanation given charges were to survey the boundaries for the south escape route recently created. John asked if the aspen harvest recently completed by Haggai had met expectations and conditions agreed upon. John is concerned by the height of the stumps left and the amount of slash that will need to be cleaned up. Jack stated yes to both questions and also said that there had been no guarantee on the number of sellable logs or the amount of fire wood generated. Wayne stated that he has a contact to help with the removal of the fire wood but not all of the conditions have been agreed upon as of this date.

Wayne Ross moved to approve the bills as presented. Anna Dvorak seconded and the motion carried unanimously.

Administrator’s Report:

Linda Snodgrass Letter: Administrator Cindy Chapman requested that this item be discussed prior to her report. A letter was received from property owner Linda Snodgrass stating that she is no longer financially able to maintain ownership of her four lots on the subdivision. These lots are: Unit 2, Block 45, Lots 22-25. Discussion followed with the Board deciding to let Erin Smith, as a property owner, contact Ms. Snodgrass and outline what her options are in trying to dispose of her properties.

The following are a list of activities for June 2015:

Emailed Ybarrondo lot consolidation approval to Alamosa County Land Use. Received Warranty Deed from Allpine Title on the sale of lots Unit 1, Block 6, Lots 2-3 by John Stump to Eugene and Velva DeLeon on 6/18/2015. Ongoing email communications concerning removal of dead trees and new pump in their existing well. Resolution for Lot Consolidation prepared for Board signatures to begin consolidation process on these two lots. Posting of Open Meeting Aspen Regeneration/Fire Mitigation Project Letter from Tyra to website. Emailed list of property owners not responding to recent conviction letter with phone numbers for board members to begin calling. Posted Governance Committee meeting notice on the website. Contacted Carlton Collections concerning Emerson Properties, who have paid their past account in full. Carlton will update their account. Received notice from Alamosa County Treasurer concerning Treasurer’s Deed recently issued to Betty Westbrook for Unit 2-Block 19-Lot 35 on 4/27/2015 previously owned by Jillian Poette. Prepared letter to Jesse Wayne Marshall concerning delinquent dues owed on lot in Unit 2-Block 36-Lot 35 going to Treasurer’s Deed on 9/9/2015. Emailed Martinez & Associates to bee if they would like to begin the 2014 Financial Review. No response to date. Invoiced $3750.00 in late/lien fees to 16 new delinquent property owners. Notified by Southwest Title on upcoming sale of 29 lots owned by Iris Schwalm to Pecan Grove Stables LLC. Closing date is scheduled for 6/19/2015. Emailed May financials to Wayne Ross for his review. Reconciled May accounts with Carlton Collections. Email communications with Brenda Penser concerning lot consolidations and dues payments. Emailed financials to Jennifer Baker @ Mountain West Insurance and obtained Jack’s signature for renewal of the D & O Policy. Updated John White’s phone contact information on board and committee spreadsheets and had Terri post to the website. 8 lien releases prepared for signatures and filing. Updated sub-acre lot information for Fees & Budget Committee review.

John White asked Cindy if she could begin keeping a ledger of time actually spent on ZHA activities for her future replacement when the time comes.

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

May 18 – Met with Brett Wolf, CSU Restoration Grant Admin and Adam Moore. May 19 – 1” rain, check culverts, upper lake structures May 22 – Checked quality of Aspen with Larry Fuller, Haggai May 23 – Take delivery of fish in upper lake May 26 – 30 – Observe Aspen work. May 26 and 28 – Met with new owners of Margaret Chain lot on Hampton. May 30 – Run Off starting up. June 1 – June 12 – Check culverts twice a day, 4 hours and 12 miles per day. Local flooding events checked. Opened Spider Creek with Bob Schultz, cleared trash from culverts. Fell in Spider Creek, very cold. June 13 – Outlined repair work for Joe on roads and ditches from flooding. June 14 – Run Off slowing in both channels.

Jack stated that all creeks and streams are running full at this point in time.

Committee Reports:

Architecture: Chairman Tyra Barnes was absent. New owners Eugene and Velva De Leon had contacted Cindy on a couple of things and Tyra provided guidance: Contacting Water Division III concerning the installation of a pump in the existing well and the removal of dead trees on their property.

Communication: Chairman Anna Dvorak stated that communication with Shane is not going well. She will be calling a committee meeting sometime in the next week to discuss options on this issue. The newsletter will be ready next week to be sent out with the Annual Meeting notice.

Fees & Budget: Chairman Wayne Ross stated that his committee met on June 16, 2015. The main conversation centered on the cost of the recent aspen harvest. The committee reviewed the budgeted amounts under Fire for Deadwood Removal and Escape Routes/Mitigation. The Deadwood Removal is approximately $8000.00 over budget at this point prior to possibly receiving any matching grant funds. Discussion followed.

 Wayne Ross moved to amend the 2015 Budget by reducing the Escape

Routes/Mitigation budget category from $18,000.00 to $10,000.00 to compensate for the $8,000.00 overage in Deadwood Removal. Erin Smith seconded and the motion carried unanimously.

Wayne reported that approximately 50% of the current delinquent dues relates to sub-acre lots and that 31% of all delinquent lot owners own sub-acre lots. There are 270 sub-acre lots currently on the subdivision.

The Capital Replacement Reserve account was also analyzed and most of the money in this reserve account will be used for culvert replacement. Wayne feels that the $23,000.00 currently in this fund is adequate for the time being. His committee will keep a close eye on this as culvert replacements are required.

The current dues structure was analyzed as well. His committee came up with hypothetical amounts in these categories: House; Sub-Acre Lot; Lot of 1-4.99 Acres; Lot of 5+ Acres. Voting rights are a major issue when changing the current dues structure and will have to be resolved prior to a new fee structure being adopted.


Update and New Emergency Exits: Jack and Wayne have removed the slash created when the south emergency exit was constructed. The upper emergency exit is in the works. Jack and Wayne have also removed the fire storage shed that was in disrepair and the fire trailer will be moved to a shed on Wayne’s property soon. Aspen Regeneration Progress Report: The aspen harvest project has been completed. There is an abundance on fire wood available now and the Fire Committee will discuss how to best get it removed off of the subdivision.

Jack stated that he wants to pursue with Adam Moore a forest management plan. The Ponderosa trees are not looking very healthy in some areas. He would also like to see anything growing under the canopy of a Ponderosa removed as this is potential fire fuel (mainly these are junipers). There are two new areas of Douglas fir that need continued management. Jack predicts that most of the aspen in the California Circle area will be dead within two years. The pinon trees have been neglected but need to be addressed as most pinon are being affected by a root disease and not beetle kill. The cottonwoods will be managed along roadways. The adjoining BLM area is growing with dead/beetle infected trees and growing on to the subdivision. Jack anticipates that nothing will be done by the BLM and the ZHA may have to create fire breaks in these areas to protect the subdivision.

A letter was received from Glatfelter Claims Management, Inc. on behalf on the insurance agency insuring Alamosa County Fire Protection District stating they feel that the ZHA and TNC are legally responsible for the damage sustained on the pumper truck housed on TNC property and are asking both to reimburse them for the outlay of insurance monies. This information will be passed on to the ZHA insurance company as well as Erich Schwiesow, ZHA attorney.


3rd Reading – Policy #014.01 Budget Process Revision: The third reading was tabled until the August 21, 2015, board meeting as all board members were not in attendance. 3rd Reading – Policy #030.01 Camping Revision: The third reading was tabled until the August 21, 2015, board meeting as all board members were not in attendance. 3rd Reading – Policy #032.00 Vehicles on Greenbelts: The third reading was tabled until the August 21, 2015, board meeting as all board members were not in attendance.

Chairman Erin Smith stated that her committee met on June 3, 2015. They drew up wording to accommodate persons with disabilities for the third reading on new Policy #032.00. Discussion was also done on the postcards received concerning Covenants revision. There was enough interest to begin a campaign. The next step would be to contact property owners who did not respond and find out what it would take to get their support. Sub-acre lots were also discussed.

John handed out a comments summary sheet comprised of comments received on the postcards mailed back on a possible Covenants revision. There were only a couple of absolute no’s to re-writing the Covenants. For a Covenants revision to be approved, each property owner in entitled to one vote each and the vote is not based on the number of lots owned as is the case with other voting matters. There were approximately 156 postcards returned, which is just a little of short of the necessary 51% requirement for a Covenants revision to be approved.

Physical Improvements and Maintenance: Jack reported that the current run-off has created a couple of flooded areas on the subdivision. Cedar Ridge by the Edmondson property as well as water above the Keller house. Joe Funk patched these areas and cleaned up the driveways. There was also flooding by Brownell’s cabin and went down the Yuma Court cul-de-sac, Mill Run to California Circle. The culverts in these areas will need to be cleaned out after the water recedes.

Water: Chairman John White stated his committee met on June 10, 2015. Items discussed: Stocking of the lakes; status of pipeline meter repairs; current runoff. Action Items were assigned to committee members for follow up and resolution.

Welcome: Chairman Troy Campbell was informed that the Welcome Letter sent to new owners has been updated with current contact information. A “New Members Orientation” will only be necessary prior to the Annual Meeting if a request is received.

Old Business:

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

New Business:

Lot Consolidation Request: Cindy presented an email from Eugene and Velva De Leon requesting a resolution be signed to consolidate the following lots: Unit 1, Block 6, Lots 2-3 for a combined tract size of 2.25 acres.

Wayne Ross moved to approve the above consolidation request. Anna Dvorak seconded and the motion carried unanimously.

Working with Alamosa County on Sub-Acre Lots: John would like to approach Alamosa County to begin discussions on the sub-acre lot issue on the subdivision. The big issue is the requirements for setbacks for wee, septic, etc. cannot be met on these small lots. John would like to form an ad hoc committee to start working on this project and he has volunteered to serve as chairman of this committee and will ask others to join as needed. An article on this will be published in the upcoming newsletter.

Erin Smith moved for the formation of this ad hoc committee. Wayne Ross seconded and the motion carried unanimously.

Preliminary Discussion – Pay Increase for Caretaker: The Fees & Budget Committee presented this topic for discussion. They would like Jack to start documenting hours spent doing Caretaker duties as well as a mileage log to begin possibly implementing mileage reimbursement. This log will also help to develop a job description for any future replacement.


DATE ACTION ASSIGNED TO DUE DATE 10/18/2013 Organize Volunteer Work Days Tyra and Nancy Starling Ross ON-GOING 11/21/2014 Homeowner Insurance Coverage Issue Jack Zeman 8/1/2015 2/20/2015 Draft Exhibit to J & J Construction Agreement Jack ASAP

20-Minute Open Forum: Nothing discussed.

Adjournment: The next regular board meeting of the Zapata Homeowners Association will be held on Friday, August 21, 2015, at 5:30 PM at the Mosca Community Building.

Tyra Barnes, Secretary