Board of Directors Meeting

Call to Order:  The Board of Directors for the Zapata Homeowners Association held their regular meeting Friday, May 15, 2009 at the Mosca Community Building at 5:30 PM.

Board Members Present:  John White, Jack Zeman, Joe Funk and Jim Jones.  Board member Jerry Grandey was absent but prior to the meeting gave his proxy to Jack Zeman for voting purposes during this meeting.  Administrator Cindy Chapman and the following property owners were also in attendance:  Sharon Mercier, Marvin McCarty, Mike and Kim Bennett and Bill Bevington.  Guest Henry Jacobsen of Viaero Wireless was in attendance.

Approval of the Agenda:  A vote was taken to approve the agenda as presented.  The vote was unanimous.

Approval of the Minutes of the April 17, 2009 Board Meeting:  A vote was taken to approve the minutes from the April 19, 2009 board meeting.  The vote was unanimous.

Approval of Bills to be Paid:  Jack Zeman stated that he had reviewed the bill from Roy Castleberry being paid by check #1909 and all of the work listed on the invoice had been approved and completed.  Administrator Cindy Chapman asked that check #1911 to Alamosa County Clerk for lien filings in the amount of $126.00 be included in the bills to be paid.  John White asked what check #1900 to Domain Renewal Group was for.  Cindy explained that is the renewal fee for the zapatahomeowers.org domain name.  Cindy also gave explanations of checks #1899 and #1910 each to Cooley and Sons.  These checks paid for snow removal, burning of the wood recovery lot, road grading and road improvement plan.

     Jack Zeman moved to approve the bills as presented as well as the additional check #1911.  Joe Funk seconded and the motion carried unanimously.

New Business:

     ▪Viaero Wireless Proposal:  Guest Henry Jacobsen representing Viaero Wireless had been asked at the April board meeting to prepare a proposal for the board’s review to begin negotiations on Viaero’s proposed erection of a cell phone tower.  Mr. Jacobsen presented paperwork that he would like to mail to the ZHA membership.  John asked Mr. Jacobsen the following questions:

1. How many sites have been obtained in the Valley for cell phone towers?  18-20 sites have been obtained but no towers have been erected to date.
2. Can a site simulation be included in this mailing to show how the tower will sit on the site?  This will be no problem and will be included.
3. How will access to this site happen?  Viaero will work on a Highway 150 access and no access through the subdivision will be necessary.
4. Viaero will provide service to AT & T and T-Mobile customers, how about Verizon?  Verizon could ask to put an antenna on this tower as this type of “sharing” is a common practice in the industry.
5. How do these towers affect property values?  This is addressed in the information being mailed out but there is no definitive information available.
6. What happens to property should this tower be abandoned?  The agreement will state that if this site is abandoned, the tower will be removed and the property will be returned to its original condition.
7. How does Viaero commonly acquire the land where the tower is to be erected?  It is usually an outright purchase or a permanent easement with a onetime cash payment.  Costs vary but usually run between $8,000-$12,000/site.  Viaero does not do a monthly lease amount.

After these questions were answered, discussion followed on how to handle the ballots, if the votes should be handled the same as in any other ZHA election and if there should be a minimum percentage of responses necessary to move forward with negotiations.  John questioned if there should be a pro/con page included, but Mr. Jacobsen felt that the most common questions have been addressed in what he has prepared.  John also asked for a little more response time other than May 30, 2009 as is on the paperwork submitted.  Kim Bennett asked how this would affect birds in the area.  Mr. Jacobsen stated that there is only a bird problem if the guide wires are lit, which Viaero’s are not.  John read the ballot presented by Viaero to the members present.  John stated that this ballot only gives permission for the board to move forward with negotiations to a cell tower installation.  If terms cannot be reached, there will be no tower erected. 

John polled the board to see if they have obtained enough information to begin negotiations with Viaero.  Jack Zeman felt that a minimum response of 25% of property owners, based on current assessments, should be obtained.

     Jack Zeman moved to have Viaero Wireless send out the proposed mailing provided the following information is also included in this mailing:  Highway 150 access only; site simulation; how site will be returned if tower is abandoned, and; 25% (based on ZHA current assessments) of ZHA members respond to this ballot.  Jim Jones seconded and the vote was unanimous. 

Discussion was held on when this mailing would go out.  Mike Bennett asked for some time so that a mailing could be prepared and sent out by property owners protesting this project. Mike wanted to delay this as long as possible.  He was reminded that this had been an agenda item for the last two months so it should not come as a shock to the membership that this mailing would be going out.  Kim stated that she had been told it was the opinion of one board member that this project would not be approved by the membership.  Mr. Jacobsen stressed his company’s desire to get this out as soon as possible so that if approved, erection can take place this summer but also wants to work with the membership to have a satisfactory outcome.

     Jack Zeman amended the above motion to have the return date (in the ZHA office, not postmarked) June 14, 2009 so that ballots can be tallied before the June board meeting.  Joe seconded; amended motion passed unanimously.

Administrator’s Report:  A listing of activities for the last month was handed out by Administrator Cindy Chapman.

1. Communication received from daughter of property owner Boyce Blakeney who is delinquent in dues.  Directed her to contact Carlton Collection Agency.  Also emailed Carlton Collection Agency providing contact information.
2. Sent communication to property owner Pati Brown concerning her ownership of a sub-acre lot and updated her on county’s case by case basis for possible building.
3. Talked with property owner Kym Allison providing information on consolidation of her three lots.
4. Provided Russell Surveyors (Pat Steenburg) with listing of lot consolidations since 2005 so that ZHA map can be updated.
5. Discussed with Sharon Mercier how billings are done for lot consolidations.  Letter received from Mercier attorney stating incorrect billing done 1/15/2009 for three lots instead of two (consolidation did not take place until late April, 2009).  Paperwork has not been received from Alamosa County Land Use with new legal description of two lots consolidated. 
6. Property Notice of Valuation received from Alamosa County Assessor.  RV-1 Tracts 16-18 increased in value from 9500 each to 10000 each.  RV-2 Tract 2 increased in value from 9000 to 10000.  Unit 2, Block 33, Tract 4 remained at a value of 11550.
7. Sent EOM financials and A/R listing to Treasurer, Jerry Grandey.
8. Liens filed on 20 past due accounts and late/filing fees invoiced in the amount of $3105.00.  Also two lien releases have been prepared.
9. Spoke with Shane to put finishing touches on PayPal dues payment option.  Shane also requested that each committee member get registered on the website so that personal contact information can be updated as needed.  Shane would like each committee chair to submit a listing of all projects now underway by their individual committees.
10. Continue to send and re-send documents to be posted to the website.
11. Dues paid to date $96,825.00 (89%); Back Dues $1010.00 (72%); Late/Filing Fees $550.00 (22%).
12. Handed out notice and agenda for annual meeting in August for board to begin formatting to send out the first of July.
13. Sent info to Ron Sievert concerning electrical hookup to building site and process to follow to begin construction.
14. I have foot surgery scheduled for June 2, 2009.  I will be in a cast and on crutches for four weeks so may need a driver to get to the June board meeting.

     ▪Rockwood Update:  There is no new information on this issue.  The foreclosure sale date is scheduled for June 18, 2009 @ 10:00 AM.  Place to be announced.

     Cindy included a letter from Larry and Sharon Mercier’s attorney protesting the fact that since they have completed their consolidation, they should not have to pay the dues fees on the third lot that was just consolidated.  Cindy asked if the board would like to write a response to the Mercier’s attorney.  John White asked if there had been any discussion at the April board meeting on this issue and he was informed that this is the first time this issue had been presented.  John stated that this issue had not been placed on the agenda but since Sharon Mercier was in attendance the board would go ahead and discuss this issue.

     Jack Zeman moved to waive Roberts Rules of Order and discuss this issue under the Administrator’s Report.  Joe Funk seconded and the motion carried unanimously.

Sharon Mercier stated that she felt a fair amount to be paid on this lot would be to pro rate the 2009 dues for January-April when the consolidation was completed.  John read a portion of the letter received from Mercier’s attorney (which Mrs. Mercier had not seen) that an invoice dated January 15, 2009 charging dues on three lots.  John asked Mrs. Mercier how many lots she owned as of January 15, 2009 to which she stated three.  The request for the consolidation was approved at the March board meeting and Alamosa County Commissioners approved this consolidation on April 29, 2009 (at this point in time, no paperwork has been received in the ZHA office confirming this consolidation).  Mrs. Mercier stated that Ken VanIwaarden had confirmed to her that she now had only two lots.  Joe Funk pointed out that Alamosa County had no input as to how the ZHA handles their dues billings.  Joe also pointed out that the dues billings are done in January of each year for the prior year.  John asked why nothing was said about waiving these dues when the consolidation request was made in March, to which Sharon replied that she had not thought about them at that time.  John also pointed out that Policy 009.02 states that members have until the April board meeting to present any billing issues.  Mrs. Mercier stated that she had not been given all of the documents governing the subdivision at the time she purchased her lots in 2007.  John informed her that dues billings are sent out on January 15th of each year based on the number of lots owned at that point in time.  If consolidations or any other changes in the number of lots owned change during the following year, the dues billing amount is corrected in January of the next year.   Mrs. Mercier was then asked by John if all of the paperwork had been completed and a new legal description and plat map have been filed, to which she replied that it was suppose to be which is not sufficient information.  Cindy stated that many times property owners have the board sign a consolidation resolution only to not follow through with the consolidation for whatever reason. John then asked if she realized that her dues on this one lot are now delinquent and are subject to a lien/late filing fee.  Mrs. Mercier was also asked why she had not followed up by contacting a board member on this issue as directed by the Administrator, to which she replied that she thought she was to do this at a board meeting.  She was then given direction on how to be placed on the agenda should she so desire.  If Mrs. Mercier does not follow up with contacting a board member with an issue after being given this direction by the Administrator, how is the board to know that there is a problem?

     Jack Zeman moved to waive the lien/late filing fees of $115 if the Mercier’s pay the dues still owed the ZHA by June 15, 2009.  Joe Funk seconded and the motion carried unanimously.

After the meeting, Mrs. Mercier paid the dues still owed of $115.00 to Administrator Cindy Chapman.

Committee Reports:

Fees and Budget:  Chairman John White stated that there had been no activity of this committee recently.  He has called a committee meeting for Saturday, May 23, 2009 from 10:00-11:00 AM on the south shore of the Lower Lake.

Governance:

     ▪Covenants Update:  Chairman John White stated that he has prepared a new draft of the proposed Covenants changes that he will be sending to Erich and Russell Surveyors to get their edits within the next week.  He hopes to get their comments/changes back so that one more open house can be held and then send the new Covenants documents out to the membership with the Annual Meeting notice so that the membership will have a full thirty days to look over this document so that a vote can be done at the August Annual Meeting.  These new Covenants will reflect an updated map of the subdivision as it is at this point in time.

Communication:

     ▪Logo Acceptance:  Nothing further has been done on this issue, so will be placed on the agenda for the June board meeting.  Kim Bennett stated that she felt nothing had been submitted to date that looks like a logo should look.

Some frustration on website postings and their format have occurred between the web designer and Terri.  Jack stated that as far as he knows Shane has done nothing to address the punch list of changes on the web design that was given to him over two months ago.

Physical Improvements:  Chairman Joe Funk stated that road grading and rolling had been done on Lake of the Falls clear up to the Upper Lake, Cedar Ridge all the way to Jerry Grandey’s residence, Hampton Run, and twice on Mill Run,  ½ mile of road base had been put down on the steep part of Mill Run.  Grading was done on Mill Run all the way down to California Circle twice as well as rolling.  Road base is needed on Mill Run to California Circle.  Joe stated that road base runs approximately $1500 per 1/2 mile and there is approximately two miles that need road base.  Rolling is a better approach if there is moisture present rather than grading.  John stated that if more money is needed for road improvements, to get the figures together and present at the June board meeting.

Culverts may need extending at Trails End and Mountain Spring off of Lake of the Falls as they are very narrow and could be dangerous.  Joe would like to place reflectors on culverts to mark them so that when grading they will not get filled up with dirt or snow.  He was also thinking of painting the front gate a forest green.  Sharon Mercier also asked about placing a culvert on Colima Place but she was told this had not been put into this year’s budget.  She was also asked to contact Joe when she had final plans for the area.  There is a spring coming out of the ground and runs about 1/5 of the way through the cul-de-sac and a 20’ culvert will be needed at the driveway location.

Water:  Chairman Jim Jones informed those present that the shunt that was put in at the Upper Lake last fall is working very well.  The Upper Lake is within four feet of spilling.  Joe asked if a lock had been put on the gate to which Jim stated no but it should be adjusted downward to avoid an overflow.  Joe was informed to contact Fidel if he does shut the gate down.

     ▪Update on May 8, 2009 Meeting with TNC:  Jim reported that there is a disagreement on where the Point B diversion gate has been put across the stream to control water flow.  There was only a culvert installed and not a gate.  Diversion Point A seems to be feeding most of the water to the Lower Lake.  Point B which is northeast of the dumpster does not seem to be providing much flow.

     ▪Update on May 12, 2009 Meeting:  This was a meeting held with the Executive Water Committee, Committee Chairman and Board Members and Erich.  Many topics were discussed, but one major topic was opening the current ZHA water decree.  Horse watering was also discussed with Pat McDermott stating that selling water to horse owners is not in compliance to how the current decree is written.

Jack stated that a letter needs to be written from the ZHA attorney to Water Division III explaining the re-zoning of Unit III stating that the ZHA is asking that the zoning be brought back to how it was zoned originally.  The commercial water would then be allocated to the 60 acres at the top of Unit III which will be zoned commercial.  This is necessary because Alamosa County Land Use needs to know that there will be water available for this commercial property.  The problem now is that there is only 28 acre feet of commercial water that would cover the 60 acres of commercial property.  This letter is necessary as the ZHA is asking for a proration of the 28 acre feet of water to those 60 acres.  The ZHA has in place a commercial well which ties up all of the commercial water.  If a commercial developer would come in, then that developer would have to buy shares from the ZHA commercial permit to provide water to that commercial site.

Jack went on to speak about the discussion held on opening the current decree and what would be gained by doing so.  Currently there is dormitory and RV water that is not being used by the subdivision.  In order to use this water, the ZHA may then be able to sell shares to horse owners for watering their horses, watering outside plants, water for roads and even the future fire station.  Right now as the decree reads, only a Bed and Breakfast would be able to gain use of the dormitory water.  The Water Committee is waiting for a response from Water Division III on these water uses but more than likely the Division will ask that the ZHA open the current decree which would be very costly especially if there are objectors.  Erich asked those present at the meeting to decide just what purposes they would want to use this water for.  Once these purposes have been decided on, then inform TNC, Rio Grande Water Basin and Water Division III of the possibility of opening the decree and what uses the ZHA would make of this available water.

Jim thought it interesting the figures that John had just sent out from Alamosa Water as to what different entities actually consume in a year.  When the subdivision was first developed, there were 870 well permits available with between 500-600 permits still yet to be used and with all of the consolidations that have occurred over the years, this drops the number of wells needed considerably.  Some of these unused permits could possibly be used for commercial development but the decree would have to be opened in order to do this.  Joe feels that the best alternative would be to have a B & B in the commercial area apply for the dormitory water (as this is the largest amount of water available on the subdivision) and not tie up the allocated commercial water.  This could be handled when the developer applies to the Architecture Committee.  The RV water is tied to the RV lots.  If the Covenants are changed and the RV zoning is removed, then perhaps the RV designated water could be allocated to other uses.  John stated that the draft Covenants now being drawn up; designate all properties but the small commercial area as residential.  Changing the RV zoning designation  does not mean that the subdivision would lose the RV water.

Architecture:

     ▪3rd Reading – Alternate Energy Sources – Commercial/Residential Architectural Guidelines:  Chairman Jack Zeman informed those present that this section needs to be in the existing guidelines to abide by State regulations.  Mike Bennett asked about height restrictions on wind turbines.  Jack stated there is nothing numerically but setback requirements are included.  Jack stated that height cannot be prohibited if it reduces its efficiency.  Clarification was asked on who is to determine noise tolerance as stated in line #54- is it the installer, the adjacent property owner or will it fall to the ZHA?  John felt what was stated is at this point unclear but did not think it would take much to get this clarified.  It was decided to include the decibel level of the wind generator on the building permit.  Discussion was also held concerning the wording in line #48 and it was decided to replace the word “small” with “residential” wind energy system.

     Jack Zeman moved to approve this section on Alternate Energy Sources in both the commercial and residential architectural guidelines with the inclusion of the decibel level of the wind generator on the building permit and to change the word “small” to “residential” in line #48.  Jim Jones seconded and the motion carried unanimously. 

Fire:  Chairman Jerry Grandey did not provide any updates to the agenda items listed.  Cindy did report that she had spoken with Alamosa Fire Protection District Chief Don Chapman and as soon as he has time to replace the necessary parts, the fire engine will be moved to TNC’s temporary storage.  Joe stated that he has not completed the signs that will be placed to give directions to the storage.

Old Business:

    ▪Unit III – Application Filing Update:  Joe stated that the first hearing on this re-zoning application has been moved from the June to the July 8, 2009 Planning Commission meeting.  All of the paperwork has been filed with Alamosa County and Joe stated that the County is considering sharing the fee cost for this change in zoning.  Joe also stated that the costs of the Mylar map of the subdivision just updated by Pat Steenburg of Russell Surveyors will be split between the ZHA and Alamosa County.

ACTION ITEMS

20 Minute Open Forum:  Kim Bennett commended the Board for the great job that they are doing.  Mike Bennett stated that the roads are in great condition.  Kim also stated that she had spoken with Phyllis Bovine at the Park concerning weed control on the subdivision but Phyllis has not gotten back with her.  Kim will contact Phyllis for more information on weed control.  John White stated he had information available from Sharon Mercier on a nozzle that when attached to a hose will put a wall of water around a house.  He also has information on a gentleman who can revive dry wells.  John asked permission to post these two informative items for a short time to any interested property owners.

Adjournment:  The next regular board meeting of the Zapata Homeowners Association will be held on Friday June 19, 2009 at 5:30 PM at the Mosca Community Building.

Executive Session:

     ▪Administrator’s Job Evaluation/Anniversary:  A motion was made to increase the Administrator’s salary by 5% to $1572.90/month which is a $74.90/month increase and will become effective May 1, 2009.  The motion was seconded and carried unanimously.  The board members will also take the Administrator to lunch on Secretary’s Day. 

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Joe Funk, Secretary