Board of Directors Meeting 11/20/09

ZAPATA HOMEOWNERS ASSOCIATION

Board of Directors Meeting

November 20, 2009 

Call to Order:  The Board of Directors for the Zapata Homeowners Association held their regular meeting, Friday, November 20, 2009 at the Mosca Community Building at 5:30 PM. 

Board Members Present:  John White, Jack Zeman, John Stump, Joe Funk, Jerry Grandey and Marty Russum.  Board member Jim Jones was absent but gave his proxy for this meeting to Jack Zeman.  Administrator Cindy Chapman was also present along with the following property owners:  George Freeman, John Ferguson, Erin Smith, Sharon Mercier and Marvin McCarty. 

Approval of the Agenda:  It was requested to discuss a memorial contribution to Adams State College in memory of Jodine Ryan under Bills to be Paid. 

     A vote was taken to approve the agenda as amended.  The vote was unanimous. 

Approval of the Minutes of the October 16, 2009 Board Meeting:  A vote was taken to approve the minutes from the October 16, 2009 board meeting.  The vote was unanimous. 

Approval of Bills to be Paid:  Administrator Cindy Chapman pointed out that the check to GT’s Trash Service was for $880 instead of the billed amount of $440.  It was decided to use the extra $440 as a pre-payment for November trash charges.  John White stated that check #1983 for legal services has been reviewed and it correct.  Jerry Grandey stated that check #1989 to Russell Surveyors was a partial payment for the survey charges for the fire house site and that additional charges will be paid next month. 

John White informed members present that a fixture of the Zapata community, Jodine Ryan had passed away and that she would be greatly missed.  There is a scholarship set up at Adams State College in her memory called the Ryan McDaniel Scholarship.  Discussion was held on what amount would be appropriate to someone who had been so instrumental in the development of the subdivision. 

     Jerry Grandey moved to make a one-time $1000 contribution to the Ryan McDaniel Scholarship at Adams State College to be given to a student majoring in English in memory of Jodine Ryan.  Jack Zeman seconded and the vote was unanimous. 

Administrator’s Report:  Administrator Cindy Chapman presented a list of her activities for the last month: 

1. Prepared 2010 budget matrix to be sent out to membership and posted to website.
2. Prepared lien releases for D. Ilionyte, R. Torres and C. Albrecht.
3. Contacted the Alamosa County Treasurer’s office concerning delinquent property taxes on three lots acquired through Rockwood foreclosure to find out amounts owed and date due.
4. Followed up on notice in Valley Courier concerning taxes owed on three lots acquired during the Rockwood foreclosure.  Verified amounts owed on each and sent payment in.
5. Contacted Alamosa County Treasurer to obtain receipt for paid property taxes on land acquired from Rockwood foreclosure.
6. Received letter from Mike Vittoria concerning $600 currently owed on his account.  He would like the board to waive this amount as it is late/lien filing fee.
7. Received Water use Data Submittal Form for meter reading on meter #05-00413.2.  This report is then sent to the Water Division III office showing the actual amount of water used.
8. Telephone call from Tom Hansen on current amount owed in dues.  Informed him that his 2009 dues had not been paid and the amount now owed is his dues amount plus late/lien filing fees.  He asked for the late/lien filing fees to be waived.  He was informed to write a letter to the board asking for relief.
9. EOM financials sent to John Stump.
10. EOM report reconciled with Carlton Collections.
11. Ongoing correspondence with individual interested in purchasing property on the subdivision via email.  This individual obtained a great deal of information through the ZHA website.
12. Ordered flowers for Jodine Ryan memorial service.

Cindy pointed out that she had recently received payment in full on the account of Charles Albrecht, who has been stating for years that he was not the owner of the lot to which these dues were being billed.  Proof of his ownership had been investigated and found to be correct and this information had been sent on to Mr. Albrecht and now he has paid his dues in full. 

     ▪Michael Vittoria Letter:  Cindy presented copies to the board and read to the members present a letter received from Michael Vittoria asking that the late fees assessed to his account be waived.  Mr. Vittoria stated in his letter that he has a seasonal business operating from May to September and that he always pays his dues during the summer months.  It had been decided by the board approximately a year ago to contribute money on Michael’s behalf during an upcoming community fund raiser which was not held.  The money would be contributed with the intent that it be used to pay the ZHA what was owed on his account.  Jodine Ryan and Diana Steenburg had each paid $30 towards the late fees owed on his account of $660.  The $690 amount he mentioned in his letter is for the $600 still owed on his account and $90 owed to the collection agency.  John W. asked if any kind of agreement had been made between Mr. Vittoria and the ZHA concerning his history of late payments.  Discussion followed on drawing up an agreement with Mr. Vittoria stating that the ZHA is agreeable to extending his payment schedule to July 31^st of each year going forward.  Joe Funk voiced his concern with this type of agreement setting precedence for other property owners to ask for the same type of agreement.  Erin Smith suggested asking Mr. Vittoria to put money aside during the summer months for payment of his dues the next January. It was decided that John White will speak with Mr. Vittoria during the next month and this will remain an agenda item for the December meeting. 

     ▪Tom Hansen Email Request:  Cindy read an email from Tom Hansen where he stated that he did not know that he was delinquent on his 2009 dues until he received the most recent statement sent out.  He stated that he has always tried to pay his dues by the date due and that this had just been an oversight this year.  Mr. Hansen has paid his 2009 dues and is asking the board to waive the $115 late/filing fee.  John White will contact Mr. Hansen to try and gather more information on why his dues were paid late and this will remain an agenda item for the December meeting. 

John Stump brought up at this time the many delinquent accounts of over $1000.  John W. reminded him that the Fees & Budget Committee, of which John S. is chair, has begun discussion of foreclosure proceedings.  The collection agency has been very helpful in clearing up some of the delinquent accounts and has helped the ZHA become more proactive in getting monies owed to the Association. 

     ▪Form 6.1 Water Use Data Submittal Form:  Cindy received this form from Water Division III to obtain the meter reading on the Lower Lake well.  Joe Funk will gather this information and get the form back to Cindy so that she can submit to Water Division III before the December 1^st deadline. 

Committee Reports 

Architecture:  Chairman Jack Zeman stated that changes had been made to the Joseph Roach letter after the last board meeting and was sent out with no response.  Discussion was held on how to proceed with this issue.  John White stated that in addition to re-sending this letter to his work address to also look at the enforcement policy procedures to see what has been done to date and then to move forward with recommendations on a resolution.  Jack will review what procedures have been done to date and will email to board members what the next step should be.  This will remain an agenda item for December. 

Communication:  Chairman Jack Zeman stated there has been no activity in the last month for this committee.  He would like to remove the logo acceptance until further notice.  He will also try to meet with Carole Bieshaar concerning where she stands with being Newsletter Editor. 

Fees & Budget:  Chairman John Stump stated that his committee has had no action since the 2010 budget preparation. 

Discussion was held on more aggressive steps in collecting delinquent dues.  All delinquent accounts have been turned over to Carlton Collections except for those with Unknown Addresses.  It was suggested by Jerry Grandey to ask the collection agency for help in this matter.  Joe Funk and Cindy will work on trying to find information from the Alamosa County Assessor and Treasurer to see if ZHA delinquent members are also delinquent on property taxes.  The Fees & Budget Committee was asked to continue working on different solutions in trying to collect on these delinquent accounts, be it foreclosure, quit claim deeds, etc. 
 

     ▪2010 Budget – Membership Comments:  There were no vetoes submitted from the membership.  This budget will be approved at the December board meeting.  Sharon Mercier asked if money had been put in the 2010 budget to install a culvert on Colima Place.  Joe stated that one approach would be to divert the spring around the cul-de-sac.  John W. stated no money had been earmarked specifically for this project as no building plans had been submitted for building as of yet.  Ms. Mercier was asked to keep the Board updated on building plans so that necessary road improvements can been scheduled. 

Fire:

     ▪Resolution to Build Firehouse:  Chairman Jerry Grandey states that there had been only one reply from board members to draft of the Resolution presented at the October board meeting.  These suggested changes had not been acceptable to the Fire Committee so the same draft is being presented again at this meeting for the board to approve or reject.  John S. asked what the committee objected to in the changes submitted and Jerry stated it was the suggestion that a vote would need to be taken of the whole membership to approve taking out a mortgage to finance the building of the fire house.  This does not reflect the intent of the resolution which is trying to have the board make a statement as to whether to pursue the building of a fire house or not and if a fire house is built, it will be done so within the existing governing documents of the subdivision.  John S. stated his concern is the feeling that this project will move forward regardless of what the cost will be.  This project will be approved by the board and will be overseen by the Fire Committee, ZHA Board and the Treasurer of the ZHA Board.  Jerry stated that approval of this Resolution is only so that the Fire Committee can move forward with the planning.  John Ferguson stated that he is not happy with the fire house being a metal building at the entrance to the subdivision and is not in compliance with existing Architectural Guidelines.  Right now the thought is that the fire house will be built in phases as money becomes available.  John W. asked why a Resolution is necessary to obtain costs for building this structure.  He feels that this leaves the cost open ended and who it actually will benefit when a majority of lots are owned by vacant property owners.  Also he is not sure that approval should not be obtained from the membership prior to building on a greenbelt. 

Erin Smith feels there is no rush to build a fire house since we have an apparatus in place temporarily at TNC.  Jerry stated that the way the agreement reads is that either party can cancel this agreement with a 30 day notice.  She also asked if the Fire Committee had obtained permission from the County to build on a greenbelt and Jerry assured her that Ken Van Iwarden had stated that this is permissible.  Jerry was then asked why his committee could not obtain quotes without a resolution being passed.  Jerry stated that basic quotes have been started but not want to devote more time to this issue without a Resolution being put into place.  Erin stated that she would like to see a special assessment done and not increase the dues to pay for the fire house.  Erin asked that Jerry read the proposed Resolution to the members present.  It reads as follows: 

The Board of Directors (BoD) of the Zapata Homeowners Association (ZHA) hereby resolves to increase the safety of its members and protect the value of its members’ property, by building a permanent fire station on common land owned by the members of the ZHA; by accepting fire-fighting apparatus from the Alamosa County Fire Protection District (ACFPD) to be housed there; by allowing access to members of the Mosca-Hooper Volunteer Fire Department (M-HVFD) in order for them to train on, maintain, and operate the fire apparatus; and by encouraging its members and its nearby neighbors to volunteer with the M-HVFD.  

The land used for this purpose, and all structures constructed upon it, are to remain the property of the ZHA and its members.  

Costs to prepare for and achieve construction of this permanent firehouse are to be budgeted openly as a Special Project under ZHA Policy #19, approved by the BoD, and controlled by the Fire Committee with oversight by the BoD and the ZHA Treasurer. If funding by special assessment is deemed appropriate by the BoD, the BoD will inform the membership of this prior to creating a special assessment. If funding by borrowing is deemed appropriate by the BoD, the BoD will inform the membership prior to signing final loan documents. If a loan is part of or all of the selected financing alternative, the BoD, Fire Committee, Treasurer, et al will pursue securing such loan with expediency. 

Design and construction of the permanent firehouse will be aligned with pertinent firehouse standards of the International Standards Organization (ISO) in order to secure a positive ISO rating for the ZHA and its members. If staged construction is deemed appropriate in order to achieve expedient construction of a basic structure, every effort will be made to allow for future expansion of the structure to accommodate the needs of the ZHA and its members in the reasonably foreseeable future. Architectural guidelines of the ZHA for commercial buildings will be observed, and any variances requested will be processed as they would be for any other applicant. Energy efficiency will be planned for, either in the initial construction, or in planning for retrofitting. All pertinent building codes of Alamosa County and the State of Colorado will be observed. Costs of construction and finishing will be evaluated both for initial cost and for ongoing costs, the goal being to use the methods which are most cost-effective over time that are also affordable in the present.  

The BoD makes this resolution after the creation of the Zapata Wildfire Assessment and Mitigation Plan in 2002; after including the construction of a permanent firehouse in its Strategic Plan directives for 2008 and 2009; after the creation in 2009 of a temporary firehouse with apparatus from ACFPD and staffing from M-HVFD; after the publishing in 2009 of the Community Wildfire Protection Plan calling for such a firehouse and  also identifying our area as having the highest danger from wildfire in the San Luis Valley; after  the continuing occurrence of lightning strikes in the subdivision and nearby; after the historic and recent occurrences of man-made fires; and after recognizing the need of its members to be protected by the permanent housing of appropriate fire apparatus on the subdivision in a structure controlled by the subdivision. The Board of Directors thereby resolves to create a permanent firehouse for the Zapata Homeowners Association, and directs the Fire Committee to pursue this goal expediently while observing all the factors included in this resolution.

Further discussion was held with John Ferguson stating that he would be happy with the Resolution if it did not included financing and costs involved.  John W. suggested changing the last paragraph, last sentence with “resolves to create” to “resolves to pursue.” 

     Jack Zeman moved to adopt the Fire House Resolution as presented with the change in the last paragraph, last sentence to read:  The Board of Directors thereby resolves to pursue a permanent fire house for the Zapata Homeowners Association, and directs the Fire Committee to pursue this goal expediently while observing all the factors included in this resolution.  Jerry Grandey seconded and the vote was unanimous including the proxy vote from Jim Jones. 

George Freeman stated that he had been involved with the subdivision and the Fire Committee since 1992 with the board at that time following the same procedure and then new board members came on and the project was dropped. 

Joe stated that the burn pile is ready to burn as soon as significant snow fall occurs and he had posted an “Absolutely No Burning” sign at the entrance to the burn pit.  The Fire Siren has been tested.  The procedure will be that when the siren goes off, property owners on the subdivision are to meet at the fire siren location within 15 minutes.  After the 15 minutes, a search will be conducted for other property owners and the reverse 911 will also be activated.

Governance:

     ▪Covenants Update:  Chairman John White stated that he has no update on this item.

     ▪3^rd Reading – Copying Board Meeting Tapes Policy #2.02:  The changes suggested at the last reading were done. 

     Jack Zeman moved to approve Policy #2.02 as presented.  Jerry Grandey seconded and the vote was unanimous. 

     ▪Horse Waste Update:  John W. stated that notices had been sent out to all horse owners to resolve this issue without developing a policy.  There are currently four horse owners on the subdivision with three stating that they take care of their horse waste on their own.  The fourth response was that they would never dream of putting horse waste in the dumpster.  It was decided by the board that this had been enough to put these horse owners on notice and are done with this issue for the time being. 

Physical Improvements:

     ▪Steenburg Property Update:  Chairman Joe Funk stated that the repair work on Diana and Pat Steenburg’s property had been completed. 

Joe also stated that he had changes the amount of time that the gate remains open from 60 to 30 seconds.  Erin stated that she has a hard time seeing the numbers at night.  John W. informed her that if she presses the “star” key prior to putting in the numbers that this will light up the panel.  The measuring device has been changed at Blanca Place and the meter will be read on the Lower Lake well.  Joe has also started to work on the trail around the lower lake.  A survey was done so that none of the trail is on private property but cows have knocked over several of the pins and will need to be replaced with steel posts. 

Joe has placed sand and dirt by the gate so that when ice buildup occurs, residents can put down to help with traction.  “No Trespassing” signs have been posted. 

Jack stated that he and Joe had drawn up a Weed Control Program.  Most of the information was obtained from the state website and they have listed the ten most noxious weeds in the state.  This is also the most likely resource available should residents need more information.  Chemical and/or mechanical removal of weeds will be used on the subdivision.  Fact sheets are also on the website.  A map will be developed to show where weeds are located on the subdivision.  Discussion followed up the beetle kill situation on the subdivision and there are still trees that need to be removed.  A volunteer work day will be arranged during the winter months to get these trees tagged and removed. 

Water:  In the absence of Chairman Jim Jones, Jack Zeman updated those present on the recent meeting held with Craig Cotten of Water Division III on allocating water to the subdivision according to usage and not acreage.  Joe thought that Water Division III thought it was not fair to all to base on water uses so they based it on acreage.  It was decided to work with Bob Schultz to resolve his water issues and the state would most likely not take his commercial well away but an agreement would need to be reached between all parties involved. 

The water in the Upper Lake pipeline was shut off October 28 or 29, 2009. 

Welcome:  Chairman Marty Russum stated that his committee had met recently and developed guidelines for new property owners which were presented in the board packets at tonight’s meeting.  He would like board input over the next month as to changes or additions and asked that Jerry’s committee draft a protocol on fire recommendations. 

Old Business 

     ▪Unit III – Application Filing Update:  Nothing further has been done but it was decided to contact Ken VanIwarden to get the process started again.  Any negotiations presented will need full board approval. 

     ▪Schwalm Lawsuit:  John W. stated that all of the filings had been made on time and are now waiting from the courts as to the next step. 

New Business 

There was no new business to come before the board at this meeting. 

ACTION ITEMS 

20 Minute Open Forum 

John W. reminded all board members to look at their calendars in February to schedule a work session to develop the 2010 Strategic Plan. 

Adjournment:  The next regular board meeting of the Zapata Homeowners Association will be held on Friday, December 18, 2009 at 5:30 PM at the Mosca Community Building. 
 
 

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Joe Funk Secretary