Board of Directors Meeting

ZAPATA HOMEOWNERS ASSOCIATION

Board of Directors Meeting

February 19, 2010 

Call to Order:  The Board of Directors for the Zapata Homeowners Association held their regular meeting Friday, February 19, 2010 at the Mosca Community Building at 5:30 PM. 

Board Members Present:  John White, Jack Zeman, John Stump, Joe Funk, Jerry Grandey, Marty Russum and Jim Jones.  Administrator Cindy Chapman was also present and the following property owners came in shortly after the meeting began:  Erin Smith and Mark Smith. 

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

Approval of the Minutes of the January 15, 2010 Board Meeting:  A vote was taken to approve the minutes from the January 15, 2010 board meeting.  The vote was unanimous. 

Approval of the Bills to be Paid:  Administrator Cindy Chapman explained that check #2018 written to The Carlton Company, Inc. in the amount of $466.67 was to pay collection fees on money recently collected from Hugh Milyard, the certificate holder of two properties currently owned by Andrew and Susan Tippel.  Mr. Milyard has made current all of the delinquent dues owed on these two lots and will be allowed to have a Treasurer’s Deed issued in May. 

     Jerry Grandey moved to approve the bills as presented.  Jack Zeman seconded and the motion carried unanimously. 

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

1. 2009 financial information sent to Wall, Smith and Bateman for 2009 tax return preparation.  Tax return finished and signature required for filing.
2. Unit III rezone application notification letter taken to Ken VanIwaarden so that he has documentation that all property owners have been notified.
3. Sent building application with site plans to Architecture Committee and Board received from Joseph Roach.
4. Contacted Alamosa County Land Use concerning permits issued either in the past or recently to Joseph Roach.  Found he had been issued a building permit in 2006 for the purpose of constructing a house foundation.
5. Notified by Lois Widhalm, Alamosa County Treasurer that her office recently went through a conversion update and that for some unknown reason random property owners in Alamosa County have the wording:  “Please contact our office as additional fees may be owed against this property.”  She wanted me to be aware of this problem should I be contacted by any of the Zapata property owners concerning this problem.
6. Account status information emailed to Jaclyn Prall of Title Solutions concerning lien against property owned by Andrew Valdez in an effort to get his account current and have the lien released.  Provided information by no return response.
7. Contacted Chere Plane, Administrator for the Alamosa County Fire Protection District to have Jerry placed on the agenda for their February 10, 2010 meeting and to also send notice of these monthly meetings and places to both Jerry and myself.
8. Located flag certificate for Erin Smith and delivered the original to her and retained a copy for the ZHA files.
9. Contacted the Alamosa County Treasurer to obtain tax amounts that would need to be redeemed on the upcoming tax certificates coming due in May of 2010 as the ZHA holds liens on these properties for back dues.
10. Sent financial documentation to Mark Smith concerning lot he purchased in 2009 from Charles and Debra Alaniz on dues amount owed on this property.
11. EOM financial reports sent to John Stump.
12. EOM reconciliation done with Carlton Collections.
13. Visited Alamosa County Treasurer to research lot now owned by Mark Smith as to how transfer of title was done and to see if lien is still in place.
14. Contacted by Alamosa County Treasurer for assistance in research on a Quit Claim deed filed by Rafael and Viana Lara to Zapata Equities.  I emailed John Cooper to obtain information on this matter.  Followed up by phone.  John was not aware of the back dues owed on these properties.  Dues billing has been changed to reflect the above information and sent out.
15. Contacted by financial advisor for Margaret Hall concerning disposition of her property owed on the subdivision.  She may want to Quit Claim her property back to the Association.  Waiting for a response.
16. Contacted asking for assistance by Pati Brown concerning disposition of her lot to an environmental organization.
17. Questions asked by Suzanne DeVore for the Fees & Budget Committee answered.  Spreadsheet set up on property owners now in Collections with the Carlton Company will email that monthly to John Stump.
18. Hugh Milyard paid in full the delinquent dues and collection fees on the Tippel property he holds a tax certificate on.  Treasurer’s Deed may now be issued.  Lien release will be filed at the time the Deed is issued.
19. Out of the office after the March meeting Monday-Thursday but available by email.

Cindy pointed out that the 2009 tax return has been completed and a signature from John White is all that is required for it to be e-filed.  Cindy also pointed out the issue in Item #5 above was for board information in case a property owner has concerns.  Cindy also obtained the amount that the ZHA would need to pay on the tax certificate currently held by Mark Brown and Tom Blunt on Lot 7, Unit 2; Block 45 is $2114.96 if Brown and Blunt do not pay the delinquent dues in order to keep the lien in place.  This lot is .62 acres in size.  Information was also obtained that the current Treasurer does not force property to go to Treasurer’s Deed after a tax certificate has been held for three years unless the current certificate holder asks for that to happen. Lois Widhalm, the current Alamosa County Treasurer will only force a Treasurer’s Deed upon a certificate being held for ten years.  Notification will be sent to the ZHA at that time as a lien is always placed on properties that have delinquent dues.  In the recent property obtained by Mark Smith, he had held the tax certificate for ten years and when a lien search was done, the search for encumbrances went back only six years per Colorado State Statute 38.33.3.316(5) and even though there was a lien on the property, the date of the lien was in 2000; thus it did not come up in the search and the property went to deed.  Another added issue was that the lien was held in the former owner’s maiden name and not her married name making it harder to find any liens.  Discussion followed on better ways to handle this situation with Jerry Grandey asking that a policy of reviewing liens on properties every five years be developed.  Then it can be decided as to renewing the lien or beginning foreclosure action. 

     Jerry Grandey moved to create a policy for review of properties where a lien has been in place for five years and then make a decision to either renew the lien or begin foreclosure action.  Jack Zeman seconded and the motion carried unanimously.  Fees and Budget Committee will work on a draft policy to present to the Board. 

     ▪Mark Smith Collection Fees:  Mark Smith acquired a lot by Treasurer’s Deed in January of 2009.  When this was found out, Cindy sent Mr. Smith an accounting of the back dues owed on this property.  He had been shocked though when collection fees had been billed as well.  Cindy explained that the prior owners had been turned over to collections and that was the amount attached when they took over trying to collect.  Mark stated that he had contacted an attorney concerning this issue, and was told that Mark’s liability is only for six years.  John W. asked if Cindy can contact Carlton Collections to see if they can work with the ZHA to reduce the amount of collection fees owed on the Alainz account.  Erin Smith stated that it was the recommendation of the Fees and Budget Committee to waive the collection fees on this account. 

     John Stump moved to waive the collection fees of $293.13, Jim Jones seconded and the motion carried unanimously.  Cindy will re-do the billing on this property for Mark and he has until April 30, 2010 to pay. 

Jerry did point out that this is a onetime only recommendation and does not set precedence.  Any future waivers will be handled on a case-by-case basis. 

     ▪Pati Brown Lot Disposal Request:  An email was read from Pati Brown asking for board assistance in disposing of her two lots.  Her lots legal descriptions are Unit 2, Block 25, Lot 2 1.31 acres and Unit 2, Block 39, Lot 21 .86 acres.  Likewise a similar communication was received from Margaret Hall.  The lot legal description is Unit 2, Block 49, Lot 43 .67 acres.  Discussion followed with the board really not having any suggestions on disposal.  It was decided to have Cindy notify these two individuals stating that she can provide information on adjacent property owners to contact should that be something they would like to pursue. 

Jerry also asked Cindy to contact Chere Plane, Administrator of the Alamosa County Fire Protection District to also notify Jack Zeman of upcoming board meetings. 

Committee Reports 

Architecture: 

     ▪Roach Update:  Chairman Jack Zeman stated that Joseph Roach had passed the February 14 date to request a hearing before the board.  Mr. Roach had sent in two Form A applications (one for each shed that is currently on his property) and $250.  Jack had done some checking with Alamosa County Land Use and Mr. Roach had applied for a building permit in 2006 for a foundation only.  Mr. Roach is in clear violation of the Architecture Guidelines as there is no main house so the sheds are illegal.  Options were discussed on how to proceed. 

     Jack Zeman moved to have Erich Schwiesow draft a letter to Joseph Roach for removal of the sheds within 60 days of the date of the letter, the ZHA will remove them at Mr. Roach’s expense.  The $250 building permit fees will be returned along with a denial of his application.  Marty Russum seconded and the motion carried unanimously.  Jack will send Erich details on all that has transpired concerning this issue. 

Jack also stated that Clifton Curtis had asked for an extension on his current building permit to complete the plumbing and electrical, which was granted.  The extension is until the end of summer. 

Communication:  Chairman Jack Zeman stated that he has just not had time to get a newsletter together.  He would like to send out a plea to anyone in the membership who might be interested in becoming the newsletter editor. 

Fees and Budget:  Chairman John Stump stated that during the recent committee meeting held on February 13, 2010, his committee had looked over the delinquent accounts.  Erin Smith had looked at the county to see if delinquent property owners are also delinquent on their property taxes where found that there are very few who owe property taxes.  Discussion also followed when John S. requested that Cindy complete a monthly cash reconciliation.  Cindy stated that if the committee wants some way to check the financial work that she does, she should not be the person that does these monthly reconciliations.  Cindy as of now is doing a monthly A/R reconciliation that she sends to the Treasurer for review.  Cindy provided some guidelines to John S. on how he can complete this quick check without filling out a report. 

Fire:

     ▪Site Meeting with Colorado State Forest Service:  Chairman Jerry Grandey stated that a few board members had met with Jeff Burns, Colorado State Forester a couple of times since the last board meeting to take Jeff around the subdivision.  The good news is that there are grant monies available for fire mitigation.  Jack Zeman took over the presentation stating that volunteer hours can be logged at a reimbursement rate of $20.25/hour.  These grant monies would be on a 50/50 basis; the grant will pay for half and the ZHA will pay for half.  After the first meeting with Jeff, grant applications were filled out for three projects:  (1) Upper Lake Hydrant (to be installed below the Upper Lake on Lake of the Falls for fire water) $13,000; (2) Wood Recovery Lot burn $3000; and, (3) Community Wildfire Protection Plan (for fire evacuation routes) $36,000.  This would allow for mitigation along Lake of the Falls for ground fuels and tree trimming from approximately Hampton Rd to Navajo Rd, though the ultimate goal is to mitigate from the entrance to the subdivision all the way to the Upper Lake.  After talking with Jeff the last two projects were combined into one item and the hydrant was removed as it is classified differently.  The total grant monies could be $8,500 to $10,000.  If the award is $10,000, $1500 would be used to pay half of the wood recovery lot burn and the rest would go to the Lake of the Falls mitigation project.  Jeff will be making a determination on this within the next two weeks.  It had also been discussed to start at Navajo and working down to just about a mile north of Hampton Run on Lake of the Falls and then when more monies become available another area will be chosen for mitigation.  This mitigation will be done within both the 40 foot right-of-way plus the 15 foot utility easement on either side on the road centerline. 

Stevens Grant monies are also available for private lands that border federal lands and are considered landscape projects.  This would be for fire mitigation along these boundaries at 100% funding.  The ZHA plans to apply for this grant next spring as the bids are sent out and awarded by August and funds are released in September.  Any in-kind volunteer hours again can be tracked at $20.25/hour.  Any receipts for supplies or contractual items must be kept and sent in with the reimbursement request along with a time log for labor hours.  Trees that need to be removed can either be tagged by the ZHA, or by the State Forester at a cost.  It was decided that if any trees need to be removed, the State Forester will be the one to tag these trees.  Information will also be made available for individual property owners who are interested in doing their own defensible space fire mitigation on how to contact the Colorado State Forest Service on a 50-50 cost reimbursement will be posted on the website and bulletin boards.  Joe will also be available to haul off wood/brush debris if individual property owners contact him and this can be logged under volunteer hours.  Joe stated that Jeff also knows people who run chain saws that will pay the ZHA $15/cord to come in, cut up wood and remove. 

     ▪Report on Meeting with Board of Alamosa County Fire Protection District:  Jack Zeman reported that he had attended the recent Alamosa County Fire Protection District (ACFPD) board meeting.  He felt that it was productive having a ZHA member in attendance.  Jack provided information on what fire mitigation has been done and is being done on the subdivision.  Jack thanked the ACFPD for their cooperation in getting the tanker moved to the temporary firehouse at TNC.  Jack does feel that the ZHA will have to push to get any cooperation from ACFPD on fire issues.  The ZHA contact will be Blaine Witherspoon, Chief of the Mosca-Hooper Volunteer Fire Department.  Jack feels that it is important that a representative from the ZHA attend the ACFPD board meetings.   Jack found out accidentally that there are three seats open at the upcoming election of the ACFPD, each with a four year term, and Jack is planning on running for one of these seats.  ISO ratings were also discussed and it appears that all communities are struggling to have their ratings lowered.  Building a firehouse does not automatically lower an ISO rating.  If there is a firehouse within five miles, this seems to help lower the rating along with having an adequate water supply.  Discussion has been held between Fire Committee members to get permission from TNC to tap into their pipeline in key areas to allow hydrants to be installed and provide more water for firefighting purposes.  Jack stated that US Representative John Salazar will be contacted to raise the issue to develop a rural fire insurance fund to help with fire coverage, much as is now done with national flood insurance for those who live within a flood plain. 

Governance: 

     ▪Covenants Update:  Chairman John White stated he has no Covenants update. 

Physical Improvements and Maintenance:  Chairman Joe Funk stated that he had been doing some tractor work on washboards and snow removal around the subdivision.  He had done some tractor work on Mill Run and Cedar Ridge while the frost is still in the ground and it has been working well.  The Lower Lake pipeline needs work at the lower end to prevent freezing.  Joe has cleaned it out and water seems to be moving through. 

Water:

     ▪Legal Options on Water Issues:  Chairman Jim Jones stated that he, Joe and Jack had recently met with Erich Schwiesow concerning legal options on water issues.  Jim stated that he had recently re-read the water decrees that are now in place for the subdivision.  In W3345 dated in 1975 or 1976 there is an allowance for 870 domestic wells.  The water from these wells under the “domestic” description at that time could be used for in-house use, watering lawns and livestock. Erich stated that this is good as this gives the subdivision the clout needed to allow domestic use and in addition Water Division III is not in a position to enforce such use. In 1983 the domestic well classification had been changed for lands that are less than 35 acres.   If the current water decree is opened then the domestic classification would disappear.  When TNC opened their decree and changed their use of water from a golf course to a wetlands, this solidified the ZHA’s claim to the 116 acre feet of water that were allocated.  If the ZHA would take this to a judge to obtain a summary judgment, Erich felt that the judge would not rule against Water Division III in the ZHA’s favor.   The intent was for horses to be allowed and watered on the subdivision but is not addressed explicitly in either decree.  A draft letter was passed around for board review and will be addressed later under the Schwalm Lawsuit agenda item. 

Welcome:  Chairman Marty Russum is still waiting for Jerry Grandey to write up a short statement on the fire protection plan for the subdivision.  In light of recent meetings with Jeff Burns, the original order for property owners to gather at the fire siren is not the best plan and Jeff Burns has offered help to come up with a better plan. 

Old Business: 

     ▪Unit III – Application Filing Update:  Jack Zeman reported on his meeting with Pat McDermott of Water Division III to try and get a letter from the Division stating that there is water available to support commercial development.  McDermott balked at this request and suggested that the ZHA obtain a Summary Judgment from the court addressing this issue, and even hinted that the Division would support the ZHA in this action.  At the meeting with Erich, this subject was brought up and Erich stated that the letter he wrote the Division in 2006 has still not been answered.  Erich stated that a non-decision is good from Water Division III’s stand point as then nothing has been decided to enforce.  Jack has done some research in the ZHA’s decree where in Unit III there is mention of 28.41 commercial acres and found that 120 acres (this was a quick estimation made by Erich) had also been designated a source for commercial water use as this water could come from the SE corner of Section 30, the east half of Section 31 or the upper quadrant of the east half of Section 29.  Erich stated that he will write a letter with these new findings to Water Division III stating that there is more than enough water for the proposed re-zoning of Unit III to be completed.  If this does not happen, then Erich would like to go for the Summary Judgment from the court. 

     ▪Schwalm Lawsuit:   John W. stated that of the three options the board sent to the attorneys, only one will work as these attorneys are only hired to defend the ZHA against the lawsuit not to go on to water court.  The one option would be to offer commercial water for sale from the Lower Lake to horse owners.  The ZHA attorneys were to meet with Walter Schwalm’s attorney, Gordon Bosa on February 9, 2010 and then to go before the judge on February 15, 2010 and John W. has not heard anything about these meetings.  John W. will follow up with the attorneys on February 22, 2010.  The board felt they were reluctant to come to an agreement until hearing back from the 2/9 and 2/15/2010 actions.  Right now anything that has been verbally spoken with Walter is fine but nothing will be put in writing at this point.  It appears that Walter should apply for a domestic well for horse watering or require Water Division III to enforce the no horse watering.  

New Business: 

     ▪2010 Strategic Plan Adoption:  A draft of the proposed 2010 Strategic Plan was presented that had been worked on at the 2/13/2010 work session.  Discussion followed on whether the hydrant installation below the Upper Lake should be completed this year or wait for possible grant monies in 2011.  Jerry felts that it should be done this year as planned as this would show that progress is being done toward fire protection on the subdivision.  Grant monies, when they become available, can be used in other areas.  

     Jerry Grandey moved to approve the 2010 Strategic Plan as amended with the following insertion:  Under Directives for Committees: Fire: #2c.  Install hydrant below the Upper Lake on Lake of the Falls (Summer).  Seconded by Joe Funk and the motion carried unanimously. 

ACTION ITEMS 

20 Minute Open Forum:

     ▪John White:  National Park Expansion Rumors:  John W. stated that at this point in time this is only a rumor but Ken Salazar as Secretary of the Interior is looking into transferring all of the Rio Grande National Forest from the Park Boundary to Mt. Blanca into the existing Great Sand Dunes National Park.  John W. will keep the membership updated. 

     ▪Sand Dunes Cell Tower Update:  John W. stated that there seems to be a squabble between the entities involved in this installation and the project has been put on hold.  John W. asked if the ZHA would want to approach Verizon Wireless about installing a shorter tower disguised as a pine tree on the subdivision.  This will be addressed at an upcoming board meeting when it has been put on the agenda. 

     ▪Slow Internet:  John W. stated that anyone with a land line experiencing slow internet speed should file a complaint with their provider every time this happens as a log is kept on complaints and this would hopefully result in improved internet service. 

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

____________________________________

Joe Funk, Secretary