Board of Directors Meeting

ZAPATA HOMEOWNERS ASSOCIATION

Board of Directors Meeting

March 19, 2010 

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

Board Members Present:  John White, Jack Zeman, John Stump, Joe Funk, and Marty Russum.  Board member Jerry Grandey entered the meeting late and it is noted in the minutes as to when he arrived.  Board member Jim Jones was absent for this meeting.  Administrator Cindy Chapman was also present and there were no property owners 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 February 19, 2010 Board Meeting:  A vote was taken to approve the minutes from the February 19, 2010 board meeting.  The vote was unanimous. 

Approval of the Bills to be Paid:  Administrator Cindy Chapman asked that check number 2029 in the amount of $2000.00 to Cooley and Sons for the burning of the wood recovery lot be included in the bills to be paid.  The check for Joseph Roach for building permit fee reimbursement has been prepared to send to Mr. Roach when Erich Schwiesow has prepared the written response to Mr. Roach on his shed violations.  For the charges from Roy Castleberry for fire mitigation work, grant money will be coming shortly in the amount of $10,000.00 to reimbursement for 50% of the mitigation work done and 50% for burning of the wood recovery lot. 

     Jack Zeman moved to approve the bills as presented with the inclusion of check number 2029.  Joe Funk seconded and the motion carried unanimously. 

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

1. Credit adjustments made to property Mark Smith acquired by Treasurer’s Deed to remove collection fees and dues prior to 2004.  Invoice mailed.
2. Emails sent to Pati Brown and Margaret Hall’s financial advisor concerning adjoining property owners’ information to contact to possible sell their lots and the board had no other advice on disposal.
3. Contacted by Dan Gentile concerning sale of two properties.  The database reflected that he was not the owner of these lots.  Contacted the owner of record in the database and was told he had not sold these lots.  Visit to Alamosa County Assessor resulted in the fact that David Isaac had done a transfer deed of three of his properties on January 26, 2009.  Information sent to Mr. Isaac concerning this matter.  After more research, found that David Isaac had lost his five lots because of non-payment of property taxes and Treasurer Deeds were issued on these five lots and also a lot owned by Annie Evergreen had this happen as well.  Ms. Evergreen had already paid her 2010 dues so a check was written to reimburse her.  Contacted the new owners concerning payment of 2010 dues.
4. Contacted the Alamosa County Assessor to obtain price for a printout of ZHA lots and their owners.  A listing was sent by email from the Assessor’s Office and after cross checking with this report, found two other lots that had gone to Treasurer’s Deeds in 2009.  Corrected 2010 dues billings on the two property owners involved.
5. Contacted by David Guerrero concerning delivery of 2010 census information.  He needed gate code to enter subdivision.  Notified Joe Funk concerning this with a description of the vehicle and license plate.
6. Contacted by Habitat for Humanity concerning a lot that was just donated to them from Dan Gentile.  Obtained new contact information and provided information on dues assessed and timeframe for payment.  Invoice sent for payment of 2010 dues.
7. Provided Architectural Guidelines to Keith Magowan for possible new roof installation.
8. 4 Lien Releases prepared for signatures and filing.
9. 4 Statements were prepared and sent to property owners who had paid delinquent dues through Carlton Collections but still had a balance with the ZHA.
10. Contacted Charles Gray of the Carlton Company on the Charles and Debra Alaniz account.  He waived the collection fees on this account.
11. EOM reconciliation completed with Carlton Company.
12. Email received from Mark Blosser stating that he did not feel he should have paid the delinquent dues owed on a lot he purchased online through EBay in a bankruptcy proceeding for Ruth Gourdine in 2008. He requested a reimbursement of $335 by April 1, 2010.  Contacted Erich Schwiesow for guidance in this matter to which Erich replied that Mr. Blosser was indeed responsible for the fees he paid in 2008 and would welcome having a conversation with Mr. Blosser’s attorney on this matter.
13. 2010 Corporate Report filed on 3/17/2010.
14. Vacation request for April 17-24.

Cindy also informed the board that she had spoken with Charles Gray of The Carlton Company and he has agreed to waive the collection fees on the Alaniz account.  Four lien releases have been prepared for board signatures. 

Discussion was held on a response to Mr. Blosser concerning Item #12 above.  It was decided that John White would draft an email response to Mr. Blosser addressing Mr. Blosser’s claim that he had overpaid on delinquent dues owed on a lot that he had acquired through a bankruptcy sale in the amount of $335.00.  After consulting with Erich on this matter, Mr. Blosser will be informed that only in very rare circumstances would a bankruptcy wipe out a pre-existing lien and any fees associated with that lien unless notification had been received from the court, which in this case had not.  Mr. Blosser was encouraged to have his attorney contact Erich and Erich’s contact information will be included in the email response. 

Cindy also informed the board of her research in lots that had gone to Treasurer’s Deed in 2009.  As there were no liens on these properties, the ZHA was not notified of these transfers.  2010 dues billings were corrected on the accounts affected by this occurrence and Cindy will speak with the County Treasurer to see if the ZHA can be notified any time a ZHA property will go to Treasurer’s Deed. 

Cindy also requested a vacation from April 17-24, 2010 which the board granted.  A message will be left on the answering machine and she will check emails during this time. 

Committee Reports 

Architecture:

     ▪Roach Update:  Chairman Jack Zeman spoke with Erich on the status of the reply to Mr. Roach as well as a letter to Water Division III.  Erich jumped on the completion of the letter to Water Division III and the Roach letter should be completed shortly. 

Ken Hanson had also contacted Jack on procedures for building on the subdivision.  Jack and he were supposed to meet but an emergency had called Mr. Hanson back home before the meeting could take place. 

Communications:

     ▪Newsletter Editor:  Chairman Jack Zeman stated that Terri Dorsey had expressed interest in becoming the Newsletter Editor.  Jack had communicated with Terri and she would be able to do it for between $40 to $50/page.  Jack had also contacted a friend whom he had worked with previously and she has a daughter that is interested in doing the Newsletter on a volunteer basis to gain experience.  Jack’s friend would mentor her daughter during her learning process.  

Board member Jerry Grandey entered the meeting at this point. 

Jack continued by stating that Terry Dorsey is familiar with the subdivision so it would not take much for her to start publishing the Newsletter.  John White stated that he would be willing to have Jack’s friend’s daughter publish the Newsletter on a volunteer basis to see how it goes for a while.  John also suggested putting a notice on the website to let the membership know that the Board is seeking outside sources to be editor of the Newsletter as no members have come forward to act as such. 

Jack also asked Jerry for his assistance in contacting Shane as Jack would like to do some website changes and Shane has not replied to any of Jack’s emails. 

Fees and Budget:  Chairman John Stump informed the board that Erin Smith had been involved in an automobile accident and had volunteered to work on a policy addressing liens but John S. had not received anything from her so hopefully by the April board meeting there will be a first draft available for board review.  John W. also reminded John S. that his committee is still in charge of selling the three lots acquired by the ZHA in the Rockwood foreclosure as the sale of these lots had been included in the projected income for 2010.  Cindy will mail all of the information she has on what has been researched so far to John S.  John W. reminded everyone that property owners who find it necessary to postpone payment of their 2010 dues have until the April 16, 2010 board meeting to file such a request. 

Fire:

     ▪Survey Results:  Chairman Jerry Grandey asked for the survey results on the firehouse questionnaire.  Cindy had totally forgotten about bringing those questionnaires to the board meeting but she stated that 78 had responded in favor; less than 10 had responded no and one response had not voted either way.  These responses cannot be tallied by assessments as some had not identified who they were when voting.  This being the case, this results in an approximate 25% response of all property owners. 

Jerry asked where the expense had been placed for the fire mitigation work.  Cindy informed him that it has been put in Downed Trees (Fire Mitigation) in Physical Improvements budget for now.  This expense will then be offset by grant monies of $10,000 when received.  This money should be received as soon as Jeff Burns visits the subdivision to review the mitigation work done. There is now a clear shot below Hampton Run on Lake of the Falls after the removal of the cottonwoods. 

The wood recovery lot has been burned but because of wind, Joe had to call out Mosca/Hooper Fire Department to water down the hot spots.  The next day the lot was smoothed out and the recent snow has put all of the smoldering areas out. 

Governance:

     ▪Covenants Update:  Chairman John White stated no update for this meeting. 

     ▪Change to Bylaws Voting:  John stated that there needs to be a change in the current Bylaws to include votes of non-participating property owners at the Annual Meeting.  His thought is to include a line for abstentions in the mailing information for the Annual Meeting, and which would allow those members not represented either in person or by proxy to have their votes thrown into a pool of the members assembled to vote as they see fit.  This would allow for the conduct of voting at the Annual Meeting.  Logistics on how this would be implemented would still need to be decided.  John stated that the board had adopted the Community Associations Institute’s Rights and Responsibilities in which Item #4 states that it is the responsibility of members to vote in community elections.  John is hoping by the April board meeting, his committee will come up with a suggested procedure to implement this change.  John stated that other options would be to have a judge decide for the membership which Covenants apply or to have a campaign blitz to get people out to vote.  When Erich was asked about this subject, Erich stated that there is no precedence either way on how to handle this situation. 
 
 

Physical Improvements: 

     ▪Scrima Fence:  Chairman Joe Funk stated that in the recent fire mitigation, he had discovered that the Tom Scrima fence is in the road right-of-way.  Discussion followed on how to handle this situation.  The feeling is to have Scrima re-survey his lot to get the fence line in compliance with the Architectural Guidelines.  Jerry stated that if Mr. Scrima opposes this, then have Mr. Scrima show where he was given permission to erect his fence where it is now.  Joe stated that this needs to be done soon as the Colorado Fence law states that a fence does not have to be removed after a set number of years.  The first step is to give Mr. Scrima informal notification of this violation.  John W. will make the first contact after viewing where the fence location is now with Joe. 

Joe went on to state that roads had been widened where necessary, culvert extensions had been installed and ditches had been cleaned.  Fill dirt was moved and placed on roads where needed.  Snow plowing had been done where necessary.  He also took the flag down at the front gate as it had become frayed.  Joe found the stakes and flags had been installed along the runway.  A culvert may need to be installed to bring the road on out to the proposed fire house site. 

Water:  In the absence of chairman Jim Jones, Joe Funk reported on the recent meeting with Fidel at TNC.  Fidel was asked about head gates and hydrants along the pipeline that the ZHA would like to install.  Fidel felt that this was logical and asked the ZHA to write a letter to TNC attorney and Fidel will present it to them. 

At the recent Water Committee meeting, the Schwalm lawsuit was discussed with the committee feeling that Schwalm should be suing Water Division III and not the ZHA.  The grant money for fire mitigation was also discussed.   

Jack presented the recent notification received of a new filing by TNC in District Water Court to amend their water decree.  This is a joint effort of TNC and the Rio Grande Water Conservation District.  When Erich was asked about this filing, Erich stated that he thought this would be good for the ZHA but that he would file a protest if that was the wish of the ZHA.  The filing change would be to amend the water decree of North Zapata Creek from the bubblers to Highway 150 and Lower Lake to act as a recharge for TNC’s water.  This would benefit the ZHA as they are using ZHA land for the recharge.  Most board members were concerned that the Lower Lake would be drawn down too low.  The ZHA has until the end of March to file an objection.  John W. asked Jack to contact Erich to obtain an explanation of what the filing involves.  If Erich does not have time or if an explanation is given and the board still does not understand what is involved to have Erich go ahead and file an objection. 

Welcome: Chairman Marty Russum stated that his committee has had no activity.  Marty was also advised if a New Member Information Packet needs to be sent out before fire evacuation information is obtained, to do so.  After a brief discussion, it was decided to have Cindy notify the Welcome Committee when a homeowner files a building application so that the committee can contact them. 

Old Business: 

     ▪Unit III – Application Filing Update:  Jack presented a letter written by Erich to Water Division III asking for them to support the fact that there is sufficient water to accommodate the Unit III re-zone application that the ZHA has filed with Alamosa County.  Jack stated that the information Erich provided to Water Division III is concise and a good argument for the re-zone.  The letter states that permits issued are based on use and not acreage and that the Unit III lots are larger than other areas of the subdivision.  Jerry felt that perhaps Erich should have done a summary statement as a reminder of what is to be achieved at the end of the letter.  This at least sets the groundwork if Water Division III does not reply or to then ask the Water Court for a summary judgment.  The ZHA needs to keep pushing for an answer to this letter and not let it drop as in the past. 

     ▪Schwalm Lawsuit:  There is no update on this issue.  

ACTION ITEMS 

20 Minute Open Forum:  Cindy included letter from Colorado Division on Wildlife asking for permission to do a Prairie Dog study on the subdivision.  It was decided to go ahead with this study when the Division contacts Cindy. 

Cell Phone Tower:  This project with the Park is still on hold.  John White will contact Verizon as a property owner and not a board member to obtain information from them on cell phone tower and height necessary to service the area.

Jerry stated that recently Alamosa County Land Use has done some back pedaling on allowing the fire house to be built on a greenbelt.   Will keep everyone updated. 

Adjournment:  The next regular board meeting of the Zapata Homeowners Association will be held on Friday, April 16, 2010 at 5:30 PM at the Mosca Community Building. 
 

_____________________________________

Joe Funk, Secretary