Board of Directors Meeting

ZAPATA HOMEOWNERS ASSOCIATION

Board of Directors Meeting

January 15, 2010 

Call to Order:  The Board of Directors for the Zapata Homeowners Association held their regular meeting Friday, January 15, 2010 at the Mosca Community Building at 5:30 PM. 

Board Members Present:  Jack Zeman, John Stump, Joe Funk, Marty Russum.  Jim Jones and John White entered the meeting late and arrival times will be noted in the minutes.  Board member Jerry Grandey was absent but gave his proxy for this meeting to Jack Zeman.  Jerry also joined the meeting by phone when the Fire Committee discussion began and remained on the phone through the Executive Session.  Administrator Cindy Chapman was also present along with the following property owner:  Erin Smith. 

Approval of the Agenda:  An executive Session will be added after the regular meeting is completed to discuss the attorney’s report on the Schwalm lawsuit.  A vote was taken to approve the agenda as amended.  The vote was unanimous. 

Approval of the Minutes of the December 18, 2009 Board Meeting:  Jim Jones entered the meeting at this point.  A vote was taken to approve the minutes from the December 18, 2009 board meeting.  The vote was unanimous. 

Approval of the Bills to be Paid:  Administrator Cindy Chapman explained check #2002 written to The Carlton Company, Inc. in the amount of $470.42.  This check is to pay for collection fees on payments sent directly to the ZHA.  Cindy explained that she has discussed with Charles Gray how to better handle these fees and will in the future send all checks sent by property owners who are on the collections listing to Carlton for them to process.  The fees will be recouped through the individual property owners as they pay their delinquent dues.  She also explained that check #2008 written to Wood, Ris & Hames PC in the amount of $1000.00 is for the deductible portion on the D & O policy for attorney’s fees incurred for the Schwalm lawsuit. 

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

1. Contacted by Stephanie Dingfelder and Code Red information has been posted to the website for members to list their cell phones on the Reverse 911 calling notifications.
2. Nothing received from Mark Smith concerning lot he purchased in 2009 from Alaniz which had back dues and a lien.  Board action required.
3. Reconciled EOM with Carlton Collections.  Collection fees will need to be paid on accounts that mailed their dues checks directly to the ZHA if they are on the collections record.  Discussed with Charles Gray how better to handle this situation.
4. Email received from Whaler concerning late/filing fees.  The address on record was correct but the post office had returned as address unknown.
5. Dues billings completed.  Firehouse questionnaire and Unit III notification sent to printer to be included with dues billings.
6. EOM financials reconciled and sent to John Stump.
7. Filled out and submitted credit application to Alamosa Building Supply.
8. 1099 tax forms completed for Independent Contractors and Attorney.
9. Letters prepared to send to tax lien holders on property owned by Tippell and Quasi Corporation making them aware that back dues and liens on the properties they hold certificates on.
10. Emailed De La Cruz and Ilionyte concerning collection fees still owed to Carlton Collections before they are members in good standing.

Cindy had a few items that she wanted highlighted for this meeting.  The 2010 dues billings have been completed and mailed along with the Firehouse questionnaire and Unit III rezone application notification letter.  In December, she reported that Mark Smith had purchased property from Charles and Debra Alainz in January of 2009.  After learning this, Cindy had sent an email to Mr. Smith notifying him of the back dues and lien held by the ZHA on this property.  She has heard nothing from Mr. Smith so asked that the board take action on this issue.  John Stump will contact Mr. Smith on this matter and Cindy will forward the email sent in December to Mr. Smith to John S. along with a schedule of the dues amounts owed on this property. 

Cindy has also prepared letters to the tax lien holders on property currently owned by Tippell and Quasi Corporation notifying them of the delinquent dues that are currently assessed to these properties.  They will have until April 15, 2010 to contact the ZHA concerning these dues. 

     ▪Ken Whaler Late/Lien Fee Waiver Request:  A copy of an email received from Ken Whaler was placed in each board member’s packet where Mr. Whaler asked that the late/lien fees assessed on his account for 2009 be waived.  Cindy explained that the January 2009 dues invoice had been returned to her as “address unknown.”  Mr. Whaler explained that he had lived at his current address since 1987 and did not know that this had happened.  He has since paid his 2009 dues. 

     Joe Funk moved to waive the 2009 late/lien filing fees assessed to Ken Whaler since his invoice had been returned as “address unknown.”  Jim Jones seconded and the vote was unanimous. 

Committee Reports: 

Architecture:

     ▪Roach Update:  Cindy reported that she had received the “Return Receipt” on the letter mailed to Joseph Roach at his work address in Colorado Springs as delivered on 1/4/2010.  Mr. Roach has 30 days from 1/4/2010 to request a hearing on his violations by the Board.  If nothing is heard after this 30 day period the Board will pursue with the ZHA attorney imposing fines on these violations.  Jack will also contact Ken VanIwaarden at the Alamosa County Land Use office to see what, if any, permits were issued to Mr. Roach and if Ken had been able to look at the property. 

Communication:  Chairman Jack Zeman stated that he has started gathering articles for a newsletter and hopefully will be able to get the newsletter published shortly. 

Fees & Budget:  Chairman John Stump stated that he will be calling a meeting within the month to discuss the delinquent dues situation.  He and Erin decided to call a meeting on February 13, 2010 at 10 AM at Erin’s Zapata residence. 

Fire:  Chairman Jerry Grandey joined the meeting at this point in time via phone.  He stated that the Firehouse questionnaire has been mailed out.  Jack stated that he, Jim Jones and Jim Mietz had attended a regional fire mitigation meeting on January 13, 2010 in Del Norte, CO.  Jack was encouraged by issues presented at this meeting.  One area under review is having the ISO assessments done in a more timely fashion and to find out what impact building a firehouse on the subdivision will have on this rating. 

Chairman John White entered the meeting at this point. 

A flyer was handed out by Jack on the Community Assistance Programs for Fire Management and Fire Protection in Colorado outlining the mitigation action tables for each county in the San Luis Valley.  Developing plans for fire mitigation must be done before grants can be awarded.  Stream lining the grant process is being developed with the following five areas of interest:  (1) flood plain; (2) outreach information – Code Red, disaster shelters and meeting points; (3) drought; (4) regulations – building code regulations; (5) emergency infrastructure – communicating effectively between counties in the San Luis Valley. A second power transmission line (even though heavily opposed) is necessary in the San Luis Valley as there is no back up at this point in time should the first transmission line go down.  Jack also was able to meet and excited to begin networking with Jeff Burns, Colorado State Forester.  Jack will be meeting Jeff on the subdivision on January 28, 2010 at 10:00 AM to give Jeff a tour of the mitigation being done on the subdivision.  There is money available for fire mitigation and defensible space.  The ZHA will also be there to assist Jeff in contacting property owners to work individually on fire mitigation and the resources available.  

The ZHA has been identified at the most critical fire area in Alamosa County.  Once the ZHA has met the Community Wildfire Protection Plan (CWPP) requirements, there is grant money available for mitigation and possibly money to build a firehouse.  FEMA money may also be available for building a firehouse.  The state funded programs are for private entities (including HOA’s) whereas FEMA money is for government entities where the ZHA will have to rely on our government agencies to secure grant money.  There are also grant monies for equipment and training as well.  Kimberly Bryant from the Baca subdivision has stated she will help the ZHA in the grant writing process.  There are five programs through the State that the ZHA would be eligible to receive on a 50/50 cost share basis.  The Emergency Manager for Alamosa County is Pete Magee and CWPP is part of the fire protection plan for Alamosa County.  It was decided to notify FEMA representatives to have the ZHA be included to obtain FEMA funds.  Networking is vital to obtain funds from both state and federal agencies. When asked if funds would be available for work previously done, Jack felt that this would be hard to obtain.  Jack has also spoken with Erin Minks the Alamosa County contact for Representative John Salazar and will try to schedule an appointment with her in the near future. 

Governance:  Chairman John White had no report. 

Physical Improvements:  Chairman Joe Funk stated that he had been touching up the washboard areas with his tractor and will probably not call the grader onto the subdivision until the spring.  Fire mitigation is continuing to be done on California Circle greenbelt. 

Water:  Chairman Jim Jones stated that he had scheduled the following dates for Water Committee meetings for the following year:  January 23; April 10; July 10; and, October 9, 2010.  All of these meetings will be held at the Conference Room at the Dunes.  Times to be announced.  Water Division III letters will be the discussion for the January 23, 2010 meeting.  Jim will also set up a spring meeting with TNC as there are a few items that need to be worked out.  There is still some work left to be done on the Blanca Place measuring device. 

Welcome:  Chairman Marty Russum had no report. 

Old Business: 

     ▪Unit III – Application Filing Update:  Jack stated that he has set a meeting with Pat McDermott of Water Division III for January 18, 2010 beginning at 10:30 AM to obtain a letter of support for the Unit III rezone application.  A letter outlining the Unit III rezoning application is being sent out to all property owners with the 2010 dues billings.  Cindy will drop off this notice to Ken VanIwaarden of Alamosa County Land Use to show his office that all owners have been notified of the rezoning application. 

     ▪Schwalm Lawsuit:  John White stated that the following claims of relief had been outlined in the Schwalm lawsuit:  (1) Suffering injury for loss of enjoyment of their property; (2) Deceptive trade practices causing loss; (3) Breach of contract.  The last claim has been dismissed by the judge.  The other two claims and how best to work these out with the Schwalm’s will be discussed during Executive Session at the conclusion of tonight’s meeting.  Patti Swift is the judge hearing this case. 

New Business: 

     ▪Pick Date for Strategic Planning Session:  Chairman John White asked board members what date would work for the 2010 Strategic Planning Session.  The date of February 13, 2010 beginning at 1:00 PM at the Sand Dunes Conference Room was set.

ACTION ITEMS 

20 Minute Open Forum:  Jerry Grandey stated that the last two times he had visited the Zapata, he had gone by the temporary firehouse at TNC.  Both times, the entry/walk door was open, making the apparatus vulnerable both to vermin and freezing, and causing the heater to run more. The first time, there had been potatoes scattered about that he had cleaned up.  The second time, there had been children playing with the potatoes in the building.  Jerry had contacted Fidel about this situation and Fidel stated that he would find out what was going on.  Jerry asked others to also check on the temporary fire house as well, to be sure the building is kept closed and the apparatus is secure. 

Erin Smith stated that she has the flag that was given to the subdivision that had flown over the national capital in 2002 but does not have the certificate that goes with it.  Cindy stated that she has this certificate and will get it to Erin for safe keeping. 

Jack wanted to make sure that property owners have been notified on how to register cell phones to be used in a 911 emergency calling. Property owners will need to do this on an individual basis.  Information on this has been posted on the website.

Adjournment:  The next regular board meeting of the Zapata Homeowners Association will be held on Friday, February 19, 2010 at 5:30 PM at the Mosca Community Building. 
 
 

_____________________________

Joe Funk, Secretary