Minutes

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

ZHA Annual Meeting

August 1, 2015 - 9:00am - 12:30pm JIM JONES’ RESIDENCE AT 214 BIG BEAR AgendaMinutes ZAPATA HOMEOWNERS ASSOCIATION ANNUAL MEETING AUGUST 1, 2015

The Zapata Homeowners Association held its Annual Meeting at 10:00 AM on Saturday, August 1, 2015, at Jim Jones’ property at 214 Big Bear Road. Prior to opening the meeting, a new member orientation was given by Anna Dvorak for Jack and Stacie Wrobel and Eugene and Velva De Leon. Board members present were: Chairman Jack Zeman, Co-Chairman Erin Smith, Treasurer Wayne Ross, Secretary Tyra Barnes, Members Anna Dvorak and John White. Member Troy Campbell was absent. Administrator Cindy Chapman was also in attendance. The following property owners attended: Jack and Stacie Wrobel, Eugene and Velva De Leon, Jim Jones, Bob Schultz, Blair and Lindsay Lockwood, John Barnes, Nancy Starling Ross, Peter and Anneliese Bekius, George Russum, Doug and Pam George, Joe Funk, Patti Carr, Carole Bieshaar and Jacqui Poe. Those members present, either in person or by proxy, constitutes a quorum.

WELCOME, INTRODUCTION OF CURRENT BOARD MEMBERS, AGENDA OVERVIEW

Chairman Jack Zeman opened the meeting and acted as facilitator for the meeting. Jack welcomed everyone in attendance and thanked them for coming. Introductions of current board members in attendance were made. Jack stated that there are two, 3-year board positions open for election at this meeting.

Jack presented the main accomplishments of the ZHA over the past year:

The ZHA continues to operate from a strong financial standpoint. Delinquent dues are continuing to be cleared up. Aggressive pine beetle fight continues. Applying to have the subdivision classified as a “firewise community.” The main benefit from this would be lower insurance premiums. Working with the USDA-NRCS to recognize the subdivision as a privately owned forest area to apply for 10-15 year funding to continue with forest management and mitigation.

BALLOTING

BOARD OF DIRECTORS:

The terms of Tyra Barnes and Anna Dvorak expire at today’s meeting but both have agreed to serve another 3-year term. Jack stated that the responsibilities of the ZHA board are to oversee ongoing operations of the Zapata subdivision. Yearly budget development is also a requirement of the Board. The committees now in place are there to support the Board and are becoming more active as well as proactive in their approach of committee duties.

 There being no other candidates to come forward for a board

position, Erin Smith moved to accept the following nominations by acclimation: Tyra Barnes and Anna Dvorak will each serve a 3-year term. Wayne Ross seconded and the motion carried unanimously.

BOARD 2015 STRATEGIC PLAN UPDATE

Jack stated that the strategic plan is a list of the goals for the Board to accomplish over a one-year period of time. It also outlines specific goals and objectives to be achieved for individual committees to be implemented. This plan follows the budget line items submitted by committee chairmen for a one-year period. A new mission statement was developed and adopted in 2015. It reads as follows: “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.”

COMMITTEE UPDATES AND REPORTS

Fire: Jack Zeman and Wayne Ross are currently co-chairing this committee. Jack recognized Adam Moore for the tremendous amount of assistance he has offered the ZHA community over the past year. A written forest management plan has been discussed and will be developed over the next year. This will aid in the ZHA becoming a “firewise community” and to apply for USDA-NRCS funding. The upper lake landscape is changing as there are many dead and dying trees on bordering BLM lands that could create a fire hazard to the subdivision. Adam and his assistant are currently working with the BLM on this issue.

A southern escape route off the subdivision in case of a fire has been completed thanks to an easement donated by Erin Smith for a road to be completed to exit the subdivision and on to an access trail out to Highway 150. A northern escape route is in development. Signage is being developed to easily identify these escape routes. Tyra Barnes was thanked for her tireless efforts on getting these escape routes in place.

An aspen harvest was recently done due to the decline in healthy aspen stands especially on Greenbelt U and Greenbelt G near California Circle. A resource to buy the harvested aspen had been found until the discovery of heart rot in many of the aspen and these logs cannot be used for building purposes. The harvest has been halted. Jack stated that he has a meeting scheduled with a potential buyer, Excelsior out of Hooper, who make log booms with chipped aspen that are used in oil spill cleanup. Joe Funk was thanked to giving this information to Jack.

There is currently one fire trailer on the subdivision with another one being built. These will both be housed in a shed offered by Wayne and Nancy Starling Ross. These trailers can be moved, should a fire occur, to the fire location.

Adam Moore, State Forester, then gave an informative talk on the following topics:

Outlined what is required to become a firewise community. First, an assessment must be completed to show beginning baselines. This assessment is being drafted now. Second, a task force committee must be identified in the community. Third, a yearly education event, engaging community members, must be conducted. Fourth, an annual report documenting activities must be filed. By becoming a firewise community, it reduces the ISO rating by 5.5 points, which is a huge benefit for savings on insurance premiums. Adam stated that the recent aspen harvest was a good, positive step in managing forest resources and eliminating aging aspen. There is much diversity of tree species on the subdivision which is good but this diversity also creates added issues. The program offered through the USDA-NRCS program has been in place for a number of years but forest management on subdivisions is a new area in the San Luis Valley. Being a non-profit HOA will also help when applying for these funds.

Nancy Starling Ross asked what the plan is for remediation to clean up from this harvest. Jack stated that the logs will be removed and the slash cleaned up. After efforts to sell the wood are exhausted the wood will be offered to members first to begin the cleanup and then the remainder will be removed from the subdivision.

Also a new grant through the Colorado Department of Natural Resources for individual home owners has been obtained. This will be a cost-share program to establish defensible space around individual homes.

Architecture: Committee Chairman Tyra Barnes stated that two sheds and one garage have been approved over the past year. Also, an addition was approved to an existing garage for living space. Tyra also mentioned that work has begun to find a remedy for sub-acre lot owners on the subdivision.

Communication: Committee Chairman Anna Dvorak stated that her committee will be putting out a Request for Proposal for a new website development due to ongoing problems with the current website. Jacqui Poe suggested a community Facebook page might be an option and would cost nothing. Discussion followed with Jack stating that the ZHA has to follow laws in place concerning notification of members and compliance.

Fees and Budget: Committee Chairman Wayne Ross stated that the ZHA is in a healthy financial situation. There has been a $13,000.00 Operating Reserve and a $22,000.00 Replacement Reserve account created. The operating reserve account amount is roughly 5% of the current operating budget and the replacement reserve account is to mainly cover the cost of culverts. There are currently 82 culverts on the subdivision and a schedule has been created to track what culverts will need to be replaced and when. This schedule is reviewed yearly.

Wayne shared that there are approximately 274 sub-acre lots on the subdivision. Of this number, there are 40 “orphans.” These are lots owned by individuals that do not adjoin other lots that could be consolidated. Currently about 20% of the delinquent dues are related to sub-acre lots.

The 2015 budget was recently amended to move monies around to cover the aspen harvest and beetle control patches, which were over budget. Wayne pointed out that when the 2015 budget was adopted, his committee projected ($19,000.00) net income. To date, the net income is $51,000.00.

When questioned as to how many beetle kill trees remain on the subdivision, the answer was “minimal.” A close watch will be kept on the areas where these infested trees were located.

Governance: Committee Chairman Erin Smith stated that she has a very active committee and thanked those committee members present. Erin also took this opportunity to thank Jack Zeman for all of his efforts over and above what is expected of a Caretaker and Board Chairman.

During the past year, her committee reviewed the Bylaws and Covenants to make sure the Association is compliant with recent state statutes. Revised policy on vehicles on greenbelts; budget process policy to reflect the meeting times a year the board now meets, from 12 to 6; revised camping policy; revised the residential and commercial architectural guidelines addressing outside storage and inserting wording to address culverts; suggested that 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. Several of these have a third, and final, reading at the August board meeting and the complaint issue will be addressed for the first time at that meeting.

Erin spoke about recent findings concerning a Covenants revision to bring the current 1975 and 1981 Covenants into a 21st century application. There is a new state law that was recently found by Nancy Starling Ross that may allow the ZHA options and the Governance Committee will begin research into this possibility. Doug George asked that the actual specific revisions be outlined prior to a revision. He and members present were assured that this will be a lengthy process but it is important that the Board show their attempts made and that these attempts are documented. There was a good response from the postcards that were recently mailed out to the membership along with the conviction letter showing the majority of property owners are in favor of revising the current sets of Covenants into one document more in line with how the subdivision is today. Carole Bieshaar stated that this has been an issue for the last 20 years and she would like to see a resolution made.

Sub-acre lots were again discussed. These lots are not buildable according to county requirements and consolidating can be costly. An ad hoc committee lead by John White will be looking into different scenarios and will report their findings to the membership…so stay tuned.

Physical Improvements: Committee Chairman Troy Campbell was absent but Jack gave a brief report on his behalf. This committee is charged with maintaining roads, culverts and water structures. There are three scheduled road gradings annually with some budgeted road improvements done as well.

Water: Committee Chairman John White stated that his committee had reviewed their directives for the year, evaluated where the ZHA is with these directives and were found to be in compliance. A summary judgment concerning commercial water in Unit 3 has yet to be completed. The pipeline at the upper lake, owned by TNC, was damaged but the repairs have been completed. The annual “Call for Water” has been filed with Water Division III. A mineral rights clarification was asked for and has been received. The spring runoff has been very good with a little light flooding. The water augmentation is being done for the year. The ZHA works with TNC to resolve water issues. This has been a good relationship over the past few years. The water is controlled by TNC but by letting South Zapata Creek run, as per Jack’s suggestion, provides a benefit to ZHA, TNC, and Alamosa County.

Welcome: Committee Chairman Troy Campbell was absent but in his stead, Anna Dvorak welcomed everyone to the subdivision for the Annual Meeting.

NEW BUSINESS

There was nothing under New Business to discuss but Nancy Starling Ross asked for a brief explanation on culturally modified trees. These are Ponderosa trees that have been identified as having human modifications done to them. These modifications were made by the Ute Indians as they made their migrations to mark and identify trails. Recently Ute elders visited the subdivision and examined such trees on the subdivision and have identified them as being culturally modified trees. A significant law is in place that states culturally modified trees found on federal lands cannot be destroyed whether alive or dead. The ZHA has no intention of destroying any of these trees found on the subdivision.

There have been sightings of bear and bobcat on the subdivision.

ADJOURNMENT: There being no further business to come before the membership, the meeting was adjourned for members to enjoy a potluck luncheon.


Tyra Barnes, Secretary

Governance Committee Meeting

July 30, 2015 - 6:30pm - 8:30pm THE HOME OF NANCY STARLING ROSS AgendaMinutes The governance committee of the Zapata Homeowners Association met at 6:30 p.m. Thursday, July 30, 2015, at the home of Nancy Starling Ross. Present were Chairman Erin Smith, Nancy Starling Ross and John White. Also present was Wayne Ross, chairman of the fees and budget committee.

Two items were on the agenda: a discussion on how to get new covenants and a request from Administrator Cindy Chapman for a letter to delinquent homeowners regarding turning delinquencies over to the collection agency. (Wayne said he would draft the requested letter and circulate it to F&B and governance. The letter is one that should be sent out May 15 to give delinquent property owners their balance on the delinquency and to remind them that if it is not cleared by June 30, it will go to collections.)

Since it has been only a short time since governance has been aware of the law regarding changing covenants, we have not had time to meet to work on new covenants. The law gives us an avenue—through the courts--to change covenants with less than 50 percent of the membership, in our case, 25 percent. There would be due process, i.e. sending out the proposed new covenants, etc. We feel there is hope for needed change. We have not done enough research yet but will keep the membership posted via the website.

Erin Macgillivray Smith, chairman, governance committee July 31, 2015

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.

Fire:

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.

Governance:

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.

ACTION ITEMS

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

Water Committee Meeting

June 10, 2015 - 9:30am - 11:30am 220 MILL RUN, ZAPATA AgendaMinutes ZAPATA HOMEOWNERS ASSOCIATION Water Committee Meeting June 10, 2015 Agenda

Call to Order: The Water Committee for the Zapata Homeowners Association held their second quarter meeting Wednesday, June 10 at 220 Mill Run at 9:30AM. Call to order at 9:38.

Committee Members Present: Pam George, Jack Zeman, John White (Wayne Ross showed after adjournment and was briefed)

Old Business: None New Business:

Stocking of the lake (and the correspondence with the Ranch and with the Water Division) Correspondence with Brett at the TNC is good and informal. No formal meeting has taken place. Bob Schultz has been notified of the communications. Status of pipeline meter repairs to the agenda. TNC is working on it. Does not affect ZHA operations Current runoff There is extra water in South Zapata Creek now. All drains/ditches are at full capacity. A good rain could cause some flooding. Spider Creek had some blockages which are now clear. We are trying to get TNC to consider using the current flow in South Zapata Creek to water their south pastures rather than take it from the lower lake.

Action taken: None

Recommendations to the Board: None

Action Items Review

DATE ACTION ITEM ASSIGNED TO DUE DATE 3/18/2015 Draft letter to TNC, Water Division, cc BLM regarding damaged water diversion pipe John done 3/18/2015 Submit water call to water division John done 3/18/2015 Add TNC reminders to end of season water shut down list Jack 8/31/2015 3/18/2015 Ask Erich for status update on current litigation Jack 6/30/2015 3/18/2015 Inquire has to who owns mineral rights under subdivision Pam 6/30/2015

Pam and Jack made initial contact on their items. They will follow up this month.

Open Forum:

Adjournment: The meeting was adjourned at 10:04AM. The next regular meeting of the Zapata Homeowners Association Water Committee will be held next quarter.


John White, Chairman

Board of Directors Meeting

May 15, 2015 - 5:30pm - 7:30pm MOSCA COMMUNITY BUILDING AgendaMinutes ZAPATA HOMEOWNERS ASSOCIATION Board of Directors Meeting May 15, 2015

Call to Order: The Board of Directors for the Zapata Homeowners Association held its regular meeting, Friday, May 15, 2015, at the Mosca Community Building at 5:30 PM.

Board Members Present: Jack Zeman, Erin Smith, Tyra Barnes, John White and Troy Campbell. Member Anna Dvorak attended the meeting via phone. Member Wayne Ross was absent but prior to the meeting gave his proxy to Erin Smith for voting purposes during the meeting. Administrator Cindy Chapman was present along with the following property owners: Joe Funk, Bob and Joyce Ausberger and Jim Ausberger.

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

Approval of Minutes from February 20, 2015: Erin Smith moved to approve the February 20, 2015, minutes as presented. Tyra Barnes seconded and the motion carried unanimously.

Approval of Bills to be Paid: The check detail included checks written in March, April and May, 2015. Erin Smith moved to approve the bills as presented. John White seconded and the motion carried unanimously.

Administrator’s Report: Administrator Cindy Chapman provided the following list of her activities from March-May 2015:

MARCH 2015

Formatted letter to George and Peggy Freeman and forwarded on to Tyra for signatures and mailing. Responded to an email received from Bob Kirkham inquiring about three lots on the subdivision they might be interested in purchasing and if dues are current. Updated address list for Jack Zeman for aspen tree mitigation letter. Sent updated 2015 Mission Statement/Strategic Plan to Terri for posting on the website. Provided information on PO Box replacement key to Blair Lockwood. Emailed February 2015 financials to Wayne Ross for his review. Reconciled accounts with Carlton Collections for February 2015. Emailed Covenants Conviction Letter information to O & V Printing to print. John White picked up and with his team of volunteers, assembled the mailing and mailed out to the membership. Sent letters to owners with lots having aspen regeneration concerns to ask for their inclusion in the upcoming forest management plan seeking permission to go onto their property to harvest mature aspen.

APRIL 2015

Forwarded aspen regeneration letter drafted by Tyra Barnes on to board members for their review and input. Emailed information of lots currently owned by Peter Bekius concerning yearly dues, status of account, when dues are billed, etc. Payment requests received from Margaret Chain and De’Luce. I gave them approval contingent on a vote being taken at the May board meeting. Also received a late payment request from Rick Silvers. They will pay their dues in full in May. This request was granted. Emailed Jim Ausberger Covenants Conviction Letter materials for his review. March 2015 financials emailed to Wayne Ross for his review. Reconciled April 2015 accounts with Carlton Collections. Fielded numerous calls concerning conviction letter mailing from concerned property owners. Received numerous change of ownership/address information from property owners. Provided ownership status information to Allpine Title concerning property to be sold by John Stump, Unit 2-Block 6-Lots 2 and 3. Closing date is set for 5/29/2015.

MAY 2015

Notified property owners amounts for reimbursing ZHA for pheromone pouches. Emailed Jack Zeman notification of termination of substation facilities from TNC concerning fire truck. April 2015 financials emailed to Wayne Ross for his review. Tabulated results from postcards received concerning conviction letter. To date 415 votes received: 378 in favor and 37 against support amending the existing Covenants. 925 total votes available; 51% total would be 472. 20 new liens prepared for filing for delinquent dues not paid by 4/30/2015. 80 liens are now on file with the County Clerk for delinquent property owners. April reconciliation completed with Carlton Collections.

Caretaker’s Report: Caretaker Jack Zeman presented a list of his activities for March-May 2015:

MARCH 2015

March 16 – Check Culverts for debris. March 17 – Pipeline Check March 21 – Pipeline Check and Upper Lake Shunt March 24 – Check Hydrant on Indian Hill, Install chain on E entrances, Escape Route with Joe March 26 – Cutting limbs on BLM for exit March 28 – Pipeline Check March 30 – Walk South Boundary fence with Wayne and Higher Ground Fence March 31 – Meet with Leon Montoya from BLM to examine south escape route

APRIL 2015

April 2 – Clear downed Cottonwood on Mill Run and South Zapata Creek April 4 – Flag greenbelts U, G and AA for mapping April 7 – Mapping U, G and AA with Sam Scavo, CSFS April 8 – MCH Doug fir pouches arrive April 10 – Deploy fir pouches on G and California Circle April 13 – Pouches on East Zapata Place Check Pipeline April 15 – Pouches on Hampton and F April 16 – Pouches on Big Bear and F, Grading and Rolling April 17 – Grading and Rolling April 20 – Grading and Rolling April 21 – Pouches on South Taos and F April 22 – Pouches Jim Jones and G April 23 – Pouches Jody DeJong April 25 – Pouches at Mike Makofske and G, flag beetle kill South Taos and F April 28 – Meet with Haggai in aspen areas, pouches on Jocelyn Russell property April 29 – Identify aspen boundaries April 30 – Aspen boundaries, Check Pipeline, Mark beetle fir with Sam at Mike Makofske and S Taos areas

MAY 2015

May 1 – Walk Wayne’s aspen with Haggai May 2 – Flag beetle kill areas for mapping, meet Sam Scavo, CSFS and CSU Students, Check Augmentation site, examine aspen being cut by Haggai May 4 – Check water from pipeline, observe aspen cutting, Map beetle kill with Sam Scavo May 5 – Check water May 7 – Front gate not working, check and call Theldon Smith, Check aspen cutting, clean out shunt to upper lake May 8 – Check water, Check on cutting down Doug Fir with beetle kill

Committee Reports:

Architecture: Jack Zeman reported for Chairman Tyra Barnes that the committee had approved a garage for Michael Makofske, a shed for Joe Funk and received confirmation that George Freeman had received the letter concerning the storage shed that George had moved without Board approval. George seemed okay with the action taken by the board to dismantle and remove the shed and move fire equipment to a storage shed offered by Wayne Ross.

Communication: Chairman Anna Dvorak stated that a newsletter will be put together and mailed out with the Annual Meeting notice in July. Anna requested that any articles be submitted to her within the next few days so that she can assemble into a final newsletter prior to the June 19th board meeting.

Fees & Budget: Cindy gave a brief report sent from Wayne concerning the ZHA financial status. As of today’s date, 92% of the dues budgeted have been collected. The only item over budget at this point is for snow removal which is approximately $1,000.00 over budget. There have been no major expenditures recorded through April for grading or fire mitigation and the majority of the expenditures through April have been administrative expenses including property taxes, deadwood removal and snow removal. Total expenditures through April of $21,920.00 versus the 2015 budget of $148,210.00.

Fire:

Update and New Emergency Exits: Cutting and rolling the path has been completed. Joe Funk cut the road through Erin’s property, through BLM property and all the way to Highway 150. Everything looks to be in great shape. Talk has started on the north evacuation route. Aspen Regeneration Progress Report: Haggai Logging Company has been on the subdivision for about a week. Cutting is being done on California Circle Loop and Mill Run by Greenbelt U. One skidder has been here a couple of days with another due to arrive shortly. The aspen harvested are being sorted by type of wood and what the use will be. Most of the aspen being harvested have heart rot of a ratio of five out of every six trees. This is not normal and the ratio is usually 1 tree with heart rot to six harvested so the economics may not be as thought. This will still be a viable operation if a large percentage can still be used for lumber. The mill is pleased with what they have seen so far and what cannot be milled will make good fire wood. Hazardous trees are being cut but healthier, smaller trees are being left in place for regeneration. Heart rot is a bacterial infection and spreads from tree to tree and the hope is that the younger trees will not have this bacteria. Sean Keller on California Circle and Wayne Ross along Mill Run have agreed to be included in this harvest. Lucinda Noakes above Greenbelt G and Rocky Cochrane have agreed to be included as well. In order to move this project along, an email vote was taken with Wayne, Tyra, John and Anna in favor. No response was received from Erin or Troy.

Anna Dvorak moved to formally approve the aspen regeneration project. John White seconded with Erin Smith, Tyra Barnes, John White, Anna Dvorak and Wayne Ross by proxy voting in favor. Troy Campbell voted against. Motion carried.

Aspen Regeneration/Fire Mitigation Letter: As the aspen regeneration project has begun, John White felt it was a moot point to mail a letter to the membership. It was decided to put an article in the upcoming newsletter informing the community of what has been happening and progress made. 31 Beetle Kill Trees Removed: Jack reported that new trees infested with beetles had been found in new areas while putting out pouches. Most of these are in the Big Bear/California Circle area. Thirteen Douglas fir have been found with beetles and will be taken out by the loggers. A pocket of 18 Douglas fir trees were found in Greenbelt F/South Taos Place area and will be removed as well by the loggers. Jack stated that these areas have been ringed with pouches to protect other trees in the vicinity. John stated that while at the Upper Lake yesterday, looking downhill to the west on BLM property he had spotted a large area of dead trees and asked if the BLM is doing any mitigation work on this problem. Jack stated that Adam Moore is trying to work proactively with the BLM for a winter harvest but there are no funds available so nothing has progressed. Adam is still working on trying to reach some solution with the BLM on this problem. The terrain is a big problem in trying to reach most of these infected trees. Pheromone Pouch Deployment: Jack stated that all Douglas fir pouches have been deployed and work has started on the Ponderosa pouches. Greenbelts E and F will be done within the next week. North Zapata Creek Mitigation: In the 2015 budget, $15,000.00 was budgeted to mitigate wood along the power lines below Hampton Run to the bubblers left by the original contractors of the power lines during installation. This mitigation work will be done at the end of the aspen harvest by Haggai. TNC Termination of Substation Facilities: Notification of termination of substation facilities was received from TNC as the fire truck housed in their building is now out of commission. Mosca/Hooper Fire Chief Blain Witherspoon has assured Jack that the subdivision will still receive excellent protection by his department as in the past. One clarification from ISO seems to be that the ISO rating is based on the number of hydrants in an area to cover a fire and not necessarily having a firehouse nearby. An action item for the Fire Committee will be to try and resolve ISO issues so that property owners can obtain insurance coverage on their homes.

Governance:

2nd Reading – Policy #014.010 Budget Process Revision: Wording was reviewed and the document will be prepared for the third reading at the June board meeting. 2nd Reading – Policy #030.010 Camping Revision: Revisions from 1st reading were noted and document will be prepared for the third reading at the June board meeting. 2nd Reading – Policy #032.00 Vehicles on Greenbelts: Property owner Joe Funk requested that the committee include wording in this policy to accommodate greenbelt access for disabled/handicapped property owners. The Governance Committee will meet prior to the June board meeting and third reading to include wording to accommodate such individuals. Report on Covenants Revision Postcards Received: Cindy reported that 415 votes have been received; 37 against, 378 in favor. Total votes available are 925 and 51% would be 472, so this is a good response. Discussion was held and Anna proposed dividing up a telephone list of property owners who did not respond and contact them by phone. Cindy will compile a database of property owners and phone numbers for the board.

Physical Improvements and Maintenance: Jack reported that the roads had been graded and rolled at the end of April and most are in good shape for this time of year.

South Zapata BLM Boundary Fence Repair: Jack and Wayne recently walked the south boundary of the subdivision along Highway 150 and determined that maintenance work needs to be done on the boundary fence. Just above Dan Curtis’ to Erin’s property, most of the fence is down and rotted. No repairs will be made to the portion of fence that is not part of the ZHA boundary. The northern boundary fence is in good shape with no needed repair. Jack obtained two quotes from Higher Ground Fence and Excavation out of Center, CO. One quote in the amount of $6,500.00 would be to rehab the existing fence line on the lower south boundary. Approximately 1.25 miles from highway fence up to Lots 51 and 52 boundary. Rehab will include new pipe braces where needed, new steel posts as needed, wood stays as needed, generally tighten and mend broken wires or replace old wire where needed. A new pipe gate with new braces will be installed on new emergency exit road. The other quote in the amount of $11,286.00 would be for approximately ¾ mile (3960 feet) of new fence. This will be a 3-strand barbwire fence with welded pipe braces and two wood stays between each T-post. Minimal clearing will be done for fence line. This will be to insure staying on boundary line and also reduce maintenance in the future. Wayne’s recommendation would be to do the $6,500.00 rehab portion working it into this year’s budget. John feels this should be a multi-year project beginning with the 2016 budget so that budgeted items for 2015 do not get shorted. He also suggested installing gating and just enough fencing to act as a deterrent. Erin stated that she wants her property protected and to insure that the exit on/off her property is used only for emergency purposes. It was decided to have the Fees & Budget Committee include the rehab costs in the 2016 budget and then discuss replacement fence costs later.

Water:

Pipeline Repair: The necessary repairs have been completed and a meter has been added for measuring water. John completed a water tour with Bob Schultz with a discussion on opening the water decree. The ZHA is still waiting on a summary judgment from the water judge concerning the designated commercial water on the subdivision. Bob shared some of his thoughts on this subject with John. Augmentation Site: John also looked over the augmentation site on Blanca Place. Jack will install the meter to begin measuring water as he removed it for the winter so that it would not freeze.

A letter was drafted by the Water Committee to send to TNC concerning the pipeline repairs, but the repairs were made before the letter was sent. Jack stated that he will order fish for both lakes.

Welcome: A welcome letter packet was sent to new owner Robert Magro.

Old Business:

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

New Business:

Lot Consolidation Request from Brent and Lori Ybarrondo – Unit 2, Block 39, Tracts 1-3 and Lot 35 for a total combined tract of 8.67 acres. Erin Smith moved to approve the lot consolidation request by Brent and Lori Ybarrondo. Tyra Barnes seconded and the motion carried unanimously.

Dues Payment Request De’Luce Inc.: Jackie Flores submitted a payment plan request for De’Luce Inc. De’Luce will pay $635.00 immediately with $300.00 per months following until their account is paid in full. Erin Smith moved to approve the dues payment request from De’Luce Inc. Tyra Barnes seconded and the motion carried unanimously.

Dues Payment Request Margaret Chain: Margaret Chain requested a payment plan of $155 per month until her dues are paid in full. Cindy stated that she had informed Ms. Chain that this plan must be strictly followed as she had not followed the agreement made last year and had waited until the very end of the year to pay her dues in full. Erin Smith moved to approve the dues payment request from Margaret Chain as per the agreement made with Administrator Cindy Chapman and policy guidelines. John White seconded and the motion carried unanimously.

ACTION ITEMS

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 5/15/2015 Newsletter Articles Board Members ASAP 5/15/2015 Phone List for Board Cindy ASAP

20-Minute Open Forum: Jim Ausberger made comments on the fencing issue and problems he is having with the website. Anna will look into the website issues for Jim.

John White stated that he is having a problem with the meetings not being held regularly and taking votes via email. He would like to see both of these issues revisited.

Executive Session: Administrator’s Anniversary/Job Evaluation: The Board went into Executive Session for personnel discussion and the Administrator’s annual job evaluation. Cindy Chapman left the room for this discussion.

Return to Regular Session: The Board returned to regular session and Mrs. Chapman returned to the room. Erin Smith moved to increase the Administrator’s salary from $1850.00/month to $1896.25/month for a yearly salary of $22,755.00 (this will be a 2.5% increase). Tyra Barnes seconded and the motion carried unanimously. Cindy was thanked for her job performance over the past year. She will also start working on an Administrator’s Handbook to help with the transition when she decides to retire.

Adjournment: The next regular board meeting of the Zapata Homeowners Association will be held on Friday, June 19, 2015, at 5:30 PM at the Mosca Community Building.

Open Meeting Aspen Regeneration/Fire Mitigation Project

March 20, 2015 - 10:00am - 12:00pm TYRA AND JOHN BARNES HOUSE. (LOCATED AT 33 MOKI COURT) AgendaMinutes Aspen Regeneration/Fire Mitigation Meeting

It has come to the attention of the ZHA Board that many of the Aspen in our community are reaching the end of their life cycle. This (along with some other factors) is causing our Aspen to die at an alarming rate. Dead Aspen create fuel for fires. Also, in these same areas, little or no Aspen regeneration is going on.

Education and a solution to this issue is now being addressed by the Board and Fire Committee.

Adam Moore from the Colorado State Forest Service, and other Board members, have been providing vast amounts of information for the Board to read.

One important piece of information the Aspen studies have shown, if we want to help with Aspen regeneration, we need to remove the dead and live Aspen in the areas that are overcrowded. Sun is essential for the sprouting and regrowth of Aspen. Right now very little or no sun is penetrating several of our Aspen groves.

Adam Moore has been helping the Board find a financially feasible solution.

He suggested that we see if any loggers would be interested in helping us with this project. Adam also pointed out another possibility. If the BLM decides to log the beetle-infested trees on the BLM side of Zapata, maybe the equipment used for that project could be used to remove selected Aspen.

Adam said there is no real hurry to start the Aspen Regeneration project but with each passing year, more Aspen die and that means less value and interest for the loggers willing to tackle this project and of course there is more fuel for fire.

An open meeting was held on March 20th concerning the Aspen regeneration/fire mitigation project. The purpose was to help answer questions and for a walk through the ZHA Aspen greenbelts. The guest speaker was Adam Moore. Adam’s assistant, Sam Scavo, also attended. We were also fortunate enough to have Larry Fuller and Don Bressan from Haggai Forestry Company attend.

Additional ZHA members attending were Jack Zeman, Troy Campbell, Erin Smith, John White, Wayne Ross, John Barnes and Tyra Barnes.

The event started with a sit down question and answer period followed by an Aspen walk period and then ended with another sit down question and answer period.

There was a lot of information shared at this meeting. I will try to hit some of the main points we talked about:

Basic Aspen information:

Aspen have a short life cycle. Average is 70 to 90 years. Many of the Aspen in our area have reached or will soon reach the end of their life cycle. Aspen are a disturbance-related plant. Aspen normally move into an area after such events as fires, avalanches or logging harvests. Many evergreens prefer to get their start in shaded areas, thus you will often see evergreens getting a start in Aspen groves. After an Aspen grove reaches maturity and starts dying, the evergreens can take over. In order for the Aspen to regenerate, there has to be a disturbance event that allows sun to penetrate to the ground. The sun allows the Aspen to sprout and grow from the Aspen roots. A shaded evergreen area or an over-crowded Aspen canopy will not allow for Aspen regeneration. Aspen management has been practiced for several years now with good results. In large part, that is due to the rapid growth of Aspen.

Information provided by the loggers that attended the meeting:

Loggers are looking for straight Aspen that are at least 10” to 12” wide for optimum harvest. If there is an agreement with the Zapata Board, the loggers would be willing to take out the dead Aspen, while harvesting some mature live Aspen. They would deposit the dead Aspen in a predetermined staging area. The dead Aspen could be left for the community to cut up as firewood or the logging company could take the logs and sell them for firewood. If the loggers take the dead Aspen out of Zapata that would help with the project costs for the ZHA. The loggers are willing to work with us and do selective cutting, leaving predetermined groups of Aspen as well as Aspen along the borders of roads. They are willing to be selective so that it would help with aesthetics, however they would still need to remove enough mature live Aspen to make it worth their time. The loggers have repeatedly seen very rapid regrowth of Aspen in areas that have been burned or logged. Adam also stated that he has seen or knows of several Forest Management/Aspen regeneration sites that were selectively logged. He said that after an area is opened up to the sun, the sprouting and growth from the Aspen root system is very rapid and you can quite often see Aspen regrowth waist high or higher within 2 years.

Observations on the walk through the Zapata Aspen

There were a few Aspen sprouts in the open areas around the edges of some of the Aspen groves. Within the areas that were thick with mature Aspen, very little or no Aspen sprouts were spotted. A vast majority of the Zapata Aspen are in the mature (end of life) stage. Little or no sun is able to penetrate many of the Aspen groves. Some of the younger Aspen, along the outside edges of the mature Aspen groves, were several feet tall but struggling to stay alive due to lack of sun and competition for nutrients and water. There were some less dense Aspen areas that had quite a bit of Juniper growing throughout. Adam mentioned that if we wanted Aspen regeneration, after clearing the mature Aspen, we would probably also need to remove many of the Juniper trees. He said that as the young Aspen are trying to establish themselves the Juniper can take over. He also added that Juniper take more water than most trees.

General Questions and answers:

Question: Would there be adequate water for Aspen regeneration? (Adam felt there would be, especially due to the fact that the mature Aspen would no longer be taking the water.) Question: If several Aspen were cut down, would that increase the chance for flooding? (Adam responded saying he did not think there would be any problem in Zapata for several reasons. The Aspen root system would still be in place and would act like a sponge. The soil here is coarse and water penetrates very quickly and the Aspen groves we are considering are not on a steep slope. Adam and the loggers mentioned that there would also be many Aspen that are left in place. Examples would be if the slope was to steep or rocky, or along the boarders of roads and in Aspen areas that are not overcrowded.) Question: In roadside logging loading areas, could special attention be given to the aesthetics of those areas? (Example, more attention to cleaning up slash debris.) Question: Would we need to protect new Aspen sprouts from deer or other animals? (Adam did not think that would be a problem but a fence could be put around areas that indicated the need.)

It was mentioned that whatever the Board decides, they would need to be sure there is transparency and education for the ZHA.

If you have any questions please contact, Tyra Barnes tyra@creativewave-llc.com, Secretary of the ZHA Board and Fire Committee Member

Governance Committee Meeting

March 19, 2015 - 7:00pm - 9:00pm HOME OF NANCY STARLING ROSS AgendaMinutes The governance committee of the Zapata Homeowners’ Association met for its first quarterly meeting of 2015 at 7 p.m. March 19, 2015, at the home of Nancy Starling Ross to review the policies and bylaws in reference to mention of the 1975 covenants.

Present were committee chairman Erin Smith, and members Nancy Starling Ross, Tyra Barnes and Troy Campbell. Member John White was absent but sent his comments. No other ZHA members were present although the meeting was advertised on the website for about two weeks.

John and Nancy did a search of both the bylaws and policies and found no further reference to the 1975 covenants other than in the camping policy which the board revised at its last meeting taking out reference to the unit numbers and the rational at the end of the policy.

The committee recommends that the first paragraph of the violations section of Policy Number 026.00 – Enforcement of Governing Documents/Fine Schedule be changed to read:

“VIOLATION: Alleged violations of the ZHA governing documents may be reported by telephone or in person, but must be followed up in writing by letter, email, or facsimile. 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. The responsible committee chairman will attempt to verify the allegation within one week.”

The meeting adjourned about 7:30 p.m.

Water Committee Meeting

March 18, 2015 - 10:00am - 12:00pm 220 MILL RUN, ZAPATA AgendaMinutes ZAPATA HOMEOWNERS ASSOCIATION Water Committee Meeting March 18, 2015

Call to Order: The Water Committee for the Zapata Homeowners Association held their first quarter meeting Wednesday, March 18 at 220 Mill Run at 10AM

Committee Members Present: John White, Jack Zeman, Pam George, and Jim Jones.

Agenda:

Damaged TNC water pipe and effects on the normal recharge in the northern portion of the subdivision until repaired on 3/14/15 Jack’s daughter took images of cracks in the diversion pipe coming down from Zapata Falls. The pipe is leaking water. The damage is due in combination of debris accumulation from the July 28, 2014 flood, and the failure to open the drain caps in the pipe for the winter. Any failure of the pipe should put water into South Zapata creek which should be able to contain it. Failure of water to properly flow through the pipe could affect our recharge numbers and timing, and have effects to our water decree responsibilities. Water call: The water call is due. John will submit the form to the Water Division.

Action taken:

Jack notified Duke Phillips Jr. and Bob Schultz of the cracked pipe

Recommendations to the Board:

Submit a letter to TNC, Water Division 3, cc BLM documenting the damaged water pipe and requesting what action will be taken by whom and by when to repair the pipe

ACTION ITEMS

DATE ACTION ITEM ASSIGNED TO DUE DATE 3/18/2015 Draft letter to TNC, Water Division, cc BLM regarding damaged water diversion pipe John 3/21/2015 3/18/2015 Submit water call to water division John 3/31/2015 3/18/2015 Add TNC reminders to end of season water shut down list Jack 8/31/2015 3/18/2015 Ask Erich for status update on current litigation Jack 3/28/2015 3/18/2015 Inquire has to who owns mineral rights under subdivision Pam 3/31/2015

Open Forum:

Adjournment: The next regular meeting of the Zapata Homeowners Association Water Committee will be held next quarter.


John White, Chairman

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:

Architecture:

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.

Fire:

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.

Governance:

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.

ACTION ITEMS

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.