Board of Directors Meeting

ZAPATA HOMEOWNERS ASSOCIATION

Board of Directors Meeting

April 16, 2010 

Call to Order:  The Board of Directors for the Zapata Homeowners Association held their regular meeting Friday, April 16, 2010 at the Mosca Community Building at 5:30 PM. 

Board Members Present:  John White, Jack Zeman, John Stump, Joe Funk, Marty Russum and Jim Jones.  Board member Jerry Grandey was absent but prior to the meeting gave his proxy to Jack Zeman for voting purposes for this meeting.  Administrator Cindy Chapman was also present as well as property owner Erin 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 March 19, 2010 Board Meeting:  A vote was taken to approve the minutes from the March 19, 2010 board meeting.  The vote was unanimous. 

Approval of the Bills to be Paid:  Jack Zeman moved to approve the bills as presented.  Marty Russum seconded and the motion carried unanimously. 

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

1. 197 reminder statements mailed out to property owners who still owe 2010 dues.
2. Contacted by Mosca Community Church concerning a conflict with the May 21, 2010 board meeting at their facility.  Emailed the board and the decision was made to move the meeting to THURSDAY, MAY 20, 2010.  This information was posted on the website for member information.
3. Financial information as of 12-31-2009 sent to Jack for Newsletter.
4. Newsletter sent to the printer for printing and mailing to the membership.
5. End of month financials for March sent to John Stump.  Discussion held with John Stump on current financial condition of the ZHA.
6. 2 lien releases prepared for signatures and recording.
7. Resolutions for lot consolidations prepared for signatures for Jocelyn Russell.
8. End of month reconciliation with Carlton Company.
9. Reminder:  Treasurer’s Deed issuance 5/3/2010 on lot in Unit 2, Block 45, Lot 07 @ .62 acres.  Back dues have not been paid by Mark Brown and Tom Blunt the certificate holders.  Lot is currently owned by Quasi Corporation.  For the ZHA to redeem this certificate and set the clock to zero the amount paid would be $2,114.96.  Board needs to decide how to move forward.
10. Reminder email sent to Erich Schwiesow concerning Joseph Roach letter.
11. New bank signature card needs to be filed with Alamosa State Bank as current signatories will be leaving the Board of Directors in August.

After review of the monthly activities, Cindy pointed out that the dues have been coming in at about the same rate as 2009 but she hopes that a large number will come in by the end of April or many new liens will need to be filed. 

     ▪Reminder May Meeting Date Change:  Cindy reminded the Board that the May meeting will be held on Thursday, May 20 instead of Friday, May 21 because of a scheduling conflict with the meeting room.  This date change has also been posted on the website. 

Cindy also reminded the Board that she has not received any money or correspondence to the letter that was sent to Mark Brown and Tom Blunt concerning the certificate they hold on Unit 2, Block 45, Lot 07 @ .62 acres.  They were given a deadline of April 15, 2010 to pay the back dues owed or the Board may take action to redeem this certificate which would keep the lien that is filed on this property in place.  The back dues owed at this time are $1,734.20 and if the Treasurer’s Deed is issued, these dues would be lost.  In order to redeem this certificate and keep the lien in place, the ZHA would need to pay approximately $2,114.96.  After doing this, the ZHA could then begin foreclosure proceedings if desired.  Cindy also presented a map showing where this lot is located.  Discussion followed on how to best handle this situation especially this is a sub-acre lot. 

     Jack Zeman moved to write a letter dated May 3, 2010 after the Treasurer’s Deed is issued to Mark Brown and Tom Blunt reminding them that as new property owners they will be required to begin paying yearly dues beginning January 1, 2011.  Marty Russum seconded and the motion carried unanimously. 

     ▪Bank Signature Card:  Cindy stated that all signatories on the bank account will be leaving the board in August.  Alamosa State Bank needs the minutes to reflect who the new signatories will be in order to have a new signature card issued.  John White asked that this be an agenda item for the June meeting allowing time to get the signature card changed before the August board meeting. 

Cindy also informed the Board that a notice was sent by United States Liability Insurance Company which holds the current D & O policy that they will not renew the ZHA in June, 2010 because of the Schwalm lawsuit that was filed on 09/11/09.  The Fees & Budget Committee will pursue looking into a new insurance company. 

An email correspondence was received from Kym Allison asking for a payment plan.  She owns three lots and will be mailing the first $115 by end of April, the second $115 by the end of May and the last $115 by the end of June or a lien will be filed.  Erin Smith suggested that perhaps a late fee should be charged because of the extra administrative work that is involved.  Cindy asked if this should be done with Ms. Allison.  It was suggested to advertise this procedure on the website and the newsletter and impose this fee on a case-by-case basis. 
 

Committee Reports 

Architecture:

     ▪Roach Update:  Chairman Jack Zeman stated that no letter has been prepared by Erich to date so there has been nothing done on this issue. 

Jack also stated that the Clark’s residence is coming along and they should be moving in early this summer. 

Communication:  Chairman Jack Zeman informed the Board that the newsletter had been put in today’s mail to all property owners.  Erin asked who had written the articles as we now have an outside person formatting the newsletter on a volunteer basis.  Jack stated that most were articles he had written for posting on the website.  Jack asked all board members to submit written articles for the next newsletter.  John W. asked if fishing licenses had been sent out to which he was informed that they had not.  Discussion followed on best way to get them out to the membership.  Decision on this will be made under Fees & Budget Committee action. 

Fees & Budget:  Chairman John Stump stated that there are three areas that will be addressed in his committee report.  They are as follows:

     ▪Lots Sale Notice:  Board approval of the notice presented in the Board packets for sale of three Rockwood lots acquired in the recent foreclosure to be first mailed out to all current property owners to bid.  Minimum bids are set as follows:  Unit 2, Block 33, Lot 3 @ $4,000; Unit 2, Block 36, Lot 4 @ $6,000; Unit 2, Block 36, Lot 6 @ $6,000.  The deadline to submit bids will be Wednesday, June 2, 2010 by 5:00 PM MDT.  The following wording will be added to the notice:  “The ZHA reserves the right to reject any or all bids.”   

Discussion was also held on including the 2010 Fishing License on this 8.5” x 5.5” postcard and mailing only to those members who are in good standing.  Cindy will check with O & V to see how this can be done. 

     ▪Policy on Treasurer’s Deeds:  A draft was presented on a new policy addressing tax liens with discussion held. 

    Jack Zeman moved to consider the draft presented on Treasurer’s Deeds as a first reading.  Jim Jones seconded and the motion carried unanimously. 

Board members will submit their recommendations for changes to John S. and Erin for a second reading at the May board meeting.  Fees & Budget Committee will track these Treasurer’s Deeds after getting a listing from the Alamosa County Treasurer. 

     ▪Budget Overview:  John S. pointed out that there have been large expenditures in a few budget areas for so early in the year.  He asked when the grant money reimbursement will come in for the fire mitigation work that has been done.  Jack stated that it should be about six weeks for a check to be cut after the State Forrester signs off on the work that has been completed.  Joe feels that he is right at the end of the work that was planned for this year.  He has piled firewood along the road and will leave them over the weekend and then will haul off anything that is left the first of next week.  Members were reminded to clock their time when removing wood piles as volunteer hours. 

Erin brought up the suggestion of charging homeowners a monthly fee to be added to their annual dues for trash services.  John W. asked that the Fees & Budget Committee work on a proposal to present to the Board at a later date. 

John W. also reminded board members that there is to be funds set aside under “Reserve Funds” for capital improvements that may need to be done on the subdivision. 

Fire:  Chairman Jerry Grandey was not present and had no report on his committee’s activities over the last month.  Jack did inform those present that a Code Red 911 test had been done to cell phones they have on record and it worked. 

Governance:

     ▪Covenants Update:  Chairman John White stated there was no update but that he is about ready to resurrect this issue again. 

     ▪1^st Reading – Change to the Voting Section of the Bylaws:  The Governance Committee presented a document for board review to change the voting section of the current Bylaws.  Sections d-f will be additions to the current voting section of the Bylaws:  d) will address abstaining; e) will address unaccounted for votes (assessments); and f) force majeure.  Under e) John gave the following example:  100 votes possible:  10% or 10 votes abstain; 30% or 30 votes show up for the meeting and 60% or 60 votes are unaccounted for.  Of the 30% that are present to vote 20% or 20 votes for an issue and 10% or 10 votes against an issue so of the 60% or 60 votes 40% or 40 votes would be for an issue and 20% or 20 votes would be against an issue. 

Wording changes will be made to present a second reading at the May board meeting. 

Physical Improvements:

     ▪Scrima Fence:  Chairman Joe Funk stated that he, John W. and Jerry had looked at the Scrima fence after the March board meeting but the measurements that were taken did not add up.  John W. stated he had looked for maps and where survey stakes should be and feel that the west end of the fence line along Lake of the Falls and Cottonwood are okay.  The eastern edge might be over but he would like to do a little more investigation.  Scrima had replied that he will be back on the subdivision at the end of May and will show the board where his stakes are.  The board is comfortable waiting until that time to make a decision. 

     ▪Ashes in Dumpster:  Joe stated that Walter had informed him that there were bags of fireplace ashes placed in the dumpster and they had caught fire.  Joe with Walter’s help had been able to put the fire out without any damage. 

Joe will be calling the road graders in after all of the wood piles have been removed and if it rains.  He also stated that the snow removal budget is usually expended in the first quarter of each year as this is because the temperatures are low and when the largest amount of snow falls.  Also because of the way the grant cycles run, the requested grants must be submitted by August but they are not awarded until the first of the next year.  Most grants available are for reimbursement of expenses that have already been incurred and usually only reimburse 50% of total expense. 

Water:  Chairman Jim Jones stated that the Call for Water has been filed for 2010.  Jim also handed out a draft of a Memorandum of Understanding written to Fidel of TNC concerning items that were discussed at the March 16, 2010 meeting.  Fidel asked that these items be put in writing so that he can present to his superiors.  Jim would like a check gate across North Zapata Creek to better control water flow.  If the two fire hydrants are placed in the North Zapata Creek pipeline, representatives from TNC should be there to approve the installation.  Jim would also like to know who has the key to the padlock put on the shunt at the Upper Lake.  Suggested changes were made to make this an official Memorandum of Understanding with the required two signatures from the ZHA board. 

     Jim Jones moved to approve his Memorandum of Understanding with the above mentioned changes.  Joe Funk seconded and the motion carried unanimously. 

No water yet coming through pipe at Upper Lake. 

Welcome:  Chairman Marty Russum stated his committee had no activity in the last month. 

Old Business:

     ▪Unit III – Application Filing Update:  No response has been received from Water Division III. 

     ▪Schwalm Lawsuit:  Nothing new to report. 

New Business: 

     ▪Lot Consolidation Request – Jocelyn Russell:  Emails were read from Jocelyn Russell requesting board approval of the following lot consolidations: 

First Tract:  Unit 2, Block 39, Lot 1 @ 1.13 acres; Unit 2, Block 39, Lot 2 @ 1.26 acres; Unit 2, Block 39, Lot 3 @ 1.05 acres; Unit 2, Block 39, Lot 4 @ 1.24 acres; Unit 2, Block 39, Lot 5 @ .89 acres; Unit 2, Block 39, Lot 6 @ 1.03 acres for a combined acreage of 6.6 acres. 

Second Tract:  Unit 2, Block 39, Lot 8 @ 1.03 acres and Unit 2, Block 39, Lot 9 @ 1.00 acres for a combined acreage of 2.03 acres. 

Third Tract:  Unit 2, Block 33, Lot 18 @ 1.79 acres and Unit 2, Block 33, Lot 19 @ 1.59 acres for a combined acreage of 3.38 acres. 

     Jack Zeman moved to approve the above lot consolidations for Jocelyn Russell pending approval of the Alamosa County Land Use office.  Marty Russum seconded and the motion carried unanimously. 

Jim voiced his concern that when fishing at the Upper Lake sometimes members are on private property.  Discussion followed on this with Joe stating the only way around this would be for the ZHA to purchase this land or John W. suggested asking for permission for people to fish or to have the owner post a “No Trespassing” sign on their property if they do not want people fishing from their lot.  This will be an agenda item for the May board meeting. 

ACTION ITEMS 

20 Minute Open Forum: 

Cindy again reminded everyone that the May meeting will be held on Thursday, May 20, 2010.  She also encouraged board members to be looking for four new board member positions to be elected in August at the Annual Meeting. 

John White:  He reported on his inquiry as an individual to Verizon concerning the erection of a cell phone tower.  He was told they would evaluate the information that John had provided them and will contact him if interested. 

John Stump:  Asked what the procedure is if a board member is unable to attend a regular meeting.  He was informed to either appoint a committee member to give the report at the meeting or send in a committee report to the Administrator as well as appoint a proxy for voting purposes for the meeting missed. 

Erin Smith: Erin offered up an additional option on handling Treasurer’s Deeds would be to offer to buy the certificate from the current certificate holder to use as leverage in not necessarily foreclosing on the property.  

Jack Zeman:  Reminded everyone of the election for the Alamosa County Fire Protection District in which he is running for a board seat. 

Adjournment:  The next regular board meeting of the Zapata Homeowners Association will be held on THURSDAY, MAY 20, 2010 at 5:30 PM at the Mosca Community Building. 
 

_____________________________

Joe Funk, Secretary