Annual Meeting

ZAPATA HOMEOWNERS ASSOCIATION

ANNUAL MEETING

AUGUST 7, 2010 

The Zapata Homeowners Association held their Annual Meeting at 10:00 AM on Saturday, August 7, 2010 at Jim Jones’ property at 214 Big Bear Road.  Board members present were:  Co-Chairman Jack Zeman, Treasurer John Stump, Secretary Joe Funk and members Jim Jones and Jerry Grandey. Board Chairman John White was not in attendance.  Administrator Cindy Chapman was also in attendance.  The following property owners attended:  Erin Smith, Pam George, Mark Smith, Hobart and Ruth Dixon, Bob, Joyce and Jim Ausberger, Jack and Mary Lou Carmichael, Kelly Crone, The Blake Harmon’s, John and Lynn Clark, Jim and Bev Jones, Patti Carr, Sharon Mercier, Marvin McCarty, Wayne Ross and Nancy Starling Ross, Michael and Kim Bennett, Carol Sperling and Bill Stalker, Linda Duffy, Bruce Bosche, Dodie Day, Rockyscape Holdings LLC, Chris Kopka, Scott and Karla Stockley, Greg Konrad, Forrest Ketchin, Robert Schultz, Carole Bieshaar, Perla Kopeloff, Matt and Rachel Sabbato-Estrada. 

WELCOME, INTRODUCTION OF CURRENT BOARD MEMBERS, AGENDA OVERVIEW 

Co-Chairman Jack Zeman opened the meeting and acted as facilitator for the meeting.  Jack welcomed everyone in attendance and thanked them for coming.  Jack thanked Jim Jones for hosting the meeting.  Jack introduced the current board members:  Treasurer John Stump, who chairs the Fees and Budget Committee; Secretary Joe Funk, who chairs the Physical Improvements Committee; Jim Jones, who chairs the Water Committee; Jerry Grandey, who chairs the Fire Committee; and Marty Russum, who recently resigned from the board and who was not in attendance for his efforts in establishing the new Welcome Committee.  Chairman John White was not in attendance and chairs the Governance Committee.  Jack chairs the Architecture and Communications Committees. 

ACCOMPLISHMENTS OF THE HOMEOWNERS ASSOCIATION/RECOGNITION OF BOARD MEMBERS AND VOLUNTEERS 

Jack gave a brief summary of the Board’s accomplishments over the last year and felt that Board members had worked well together.   Some of the highlights were:  initiated an on-going plan to identify and access the subdivision greenbelts and began fire mitigation efforts on these greenbelts.  Members were encouraged to collect dead and downed trees in these greenbelts areas for personal use.  A relationship has also been established with State Forester, Jeff Burns who will be an excellent grant money source both for the ZHA and for individual property owners.  This will enable the ZHA to begin compliance of the county-wide Community Wildfire Protection Plan.  This plan will hopefully be adopted both on the state and federal level to provide more grant money for continued fire mitigation efforts.  Fuel breaks have also begun along fire evacuation routes on the subdivision.  Identified routes are Lake of the Falls and a portion of Mill Run going to the south.  This year’s mitigation efforts were focused on the upper portion of Cottonwood Loop all the way to Navajo Road, which was a 50/50 match from the State. 

NUMBER OF BOARD MEMBERS/RESPONSIBILITY OF BOARD MEMBERS AND COMMITTEE MEMBERS

There are currently seven board positions of which five are available to fill.   One two year term to complete Marty Russum’s term; one two year term which Jerry Grandey has volunteered to fill; and, there are 3 three year terms which Erin Smith, Jim Jones and John Clark  have volunteered to fill. 

The responsibilities of the board members and committees are to support and defend the Covenants and begin projects within the bounds of the Covenants and State/Federal regulations.  The board also has a fiduciary responsibility to manage the funds of the Association.  Jack explained that income has virtually stopped coming in for 2010.  Current dues are close to prior years but what has not come in as budgeted are back dues and late/lien filing fees.  Also $16,000 had been included in this year’s budget for the sale of the foreclosed Rockwood properties that have not yet sold.  Fire mitigation efforts were not budgeted but when it was discovered that grant monies were available at a reimbursement rate of 50%, these efforts had been started in which $9500 has been reimbursed by the State. 

BALLOTING—VOTING SECTION OF BYLAWS 

Members were sent and also handed out at this meeting proposed changes to the voting section of the current Bylaws under Article II Members.  The two paragraphs D and E are the proposed additions to the voting section.  An opinion has been given by the ZHA attorney Erich Schwiesow that there are no statutory limitations on this proposed change and there is no case law to act as precedent either so new territory is being entered if the Association decides on this proposed change.  Member Doug George has sent an opinion to board members as to why this would not be a good move for the ZHA to make at this time.  Pam George stated that she has this available to anyone interested as well as Erich’s response.  Erin Smith gave a brief explanation of what this change is trying to accomplish.  Nancy Starling Ross stated she is unclear on how this interacts with a quorum as she feels Item E does not distinguish how votes cast could affect the quorum.  Having no precedent concerns her and that if a change is made how a challenge would impact this change.  John Barnes feels that the Covenants document is “holy” and changes should be hard to make and perhaps another item, F. pertaining to a Covenants’ change vote only should be added.  At this point, Jack stated that 25% of all members need to be present either in person or by proxy for general business to be transacted at the Annual Meeting.  On a Covenants change for the ZHA, it would require that 51% of the entire membership vote in favor.  Because of a lack of participation by ZHA members, Jerry Grandey feels that participating members should not be hijacked by non-participating members when trying to implement necessary changes.  Pam George stated that right now she has confidence in current board members but that has not always been the case.  ZHA monies should be used for necessary improvements on the subdivision not on legal fees and she would urge that a vote not be taken at this time.  Chris Kopka also stated his nervousness on voting on this Bylaws change as now drafted.  He feels that members need to support the board and committees to make necessary changes.  Jim Jones stated that the subdivision needs to keep moving forward and implement necessary changes that will better the subdivision.  He feels that anything done will touch on legality and by members withholding votes that hold the subdivision hostage to being able to move forward.  Many other members voiced their concern about this not being the right time to vote on this Bylaws change.  Jack brought everyone back to subject at hand by stating that there is sound reasoning behind changing the voting section of the Bylaws.  These proposed changes have been on the agenda for the last four months’ board meetings and notification for the Annual Meeting has to be sent out 30 days prior to the meeting date.  The reasoning behind a new set of Covenants is not to benefit but to give clarification and guidance.  Erin Smith suggested  members think about filing an emergency proxy at the beginning of the year, giving another member the right to vote in case he or she can’t be at a meeting, thus  allowing their vote to count toward the 51% quorum needed to do business.  She also stressed that a person has a right not to vote.  Mark Smith stated that if yes, no, abstain only established a quorum that he feels there is a problem with this.  Erin also stated that a mail ballot for changing the Covenants has not ever been done to which Jack responded that even by providing necessary postage for a ballot to be returned, the response rate would be very low.  At today’s meeting, there are 251 of the available 936 votes in attendance either in person or by proxy for a 27% with an additional 19 abstaining votes by proxies sent in. 

     Pam George moved to table amending the Bylaws voting section at this time, Erin Smith seconded.  33 members voted in favor, no votes against.  Motion carried. 

BALLOTING BOARD MEMBERS 

Erin Smith stated she is running for a three-year term for the ZHA Board of Directors.  She is willing to serve as chairman of the Governance and Fees and Budget Committees. 

John Clark has recently moved to the subdivision from Houston and has been a property owner since 2002. 

Jerry Grandey and Jim Jones both have unfinished business that they would each like to complete so are re-upping; Jerry for a two- year term and Jim for a three- year term. 

     Jim Ausberger moved to elect Jerry Grandey to a two- year term; Erin Smith, John Clark and Jim Jones to a three- year term each by acclamation.  John Clark seconded and motion carried unanimously. 

2010 STRATEGIC PLAN UPDATE 

Jack stated that the 2010 Strategic Plan for the ZHA board is posted on the website.  The board meets each February to develop a Strategic Plan for the following year to which Jerry Grandey added that the yearly budgets are driven by each year’s Strategic Plan. 

COMMITTEE UPDATES AND REPORTS 

Architecture:  Committee Chair Jack Zeman stated that there has been one new residence built in the last year –on Indian Hill.  There have also been various other smaller applications reviewed and approved by his committee.  He updated members on the property owned by Joseph Roach being out of compliance by having two sheds and a portajohn on his property without prior approval.  The board has gone through the necessary steps with the next step being obtaining a court order to have these structures removed at Mr. Roach’s expense. 

Communication:  Chair Jack Zeman stated that the Newsletter is now being delivered on a regular basis.  The website is established but there are on-going improvements being made.  Jack requested that members log in and establish themselves by registering.  Members were also encouraged to send their email addresses to the Administrator to also expedite communication efforts.  Kim Bennett stated that she would like to improve on the phone book now available for the subdivision. 

Fees and Budget:  Chair John Stump recognized his committee members Suzanne DeVore, Erin Smith and Wayne Ross.  His committee is in charge of working on an annual budget and financial oversight, collecting delinquent dues.  The 2010 budget is roughly $134,000 and that the sale of the foreclosed properties had been included in the income budgeted for 2010.  Notification had been sent for members to bid but there was no response.  The next step will be to offer these lots to the public through an ad on craigslist.  The Collection Agency chosen by the board in 2009 has been making steady progress on collecting past due accounts.  The $9,500 in fire mitigation grant monies has been received and the $15,000+ CD was recently cashed out to pay expenses through the end of 2010. 

Fire:  Chair Jerry Grandey recognized his committee members: Jack Zeman, Joe Funk, Jim Mietz and new member Bruce Bosche.  There are three areas he would like to update members on that were his committee’s activities over the last year. 

1. Fuels Reduction:  Surveying of greenbelts for better access to members has been on going but any future surveying has been put on hold because of budget constraints.  Deadwood removal has been on going over the past year.  Joe also has been bringing wood out to the roads for members to take and use.  Fire evacuation routes have been identified with the help of Jeff Burns.  Information is also available through Jeff for private owners to obtain grant monies.  Also because the subdivision borders BLM lands, there are also Stevens grant monies available at a reimbursement rate of 100%.
2. Access to Water Source:  When it became necessary to replace the pipeline at the Upper Lake it presented a great opportunity to install a hydrant for firefighting purposes.
3. Fire House:  Earlier in the year a questionnaire was sent out addressing building the firehouse on greenbelt property.  There was a good response with approximately 34% of the members responding in favor of the selected site.  When initially asked, the Alamosa County Land Use office had stated that there was no problem building on a greenbelt but since this survey, the Land Use Office may go back on this approval.  Jerry feels that one way to reach resolution on this matter would be to pull a building permit and call the question.  There also may be a helipad erected at some future date down the road.

The fire house building will be relatively compact 40 x 70 structure initially with there being expansion capabilities if needed in the future.  Renewable energy will also be implemented.  The ZHA will own the building; Alamosa County Fire Protection District will own the apparatus with Mosca/Hooper Volunteer Fire Department running the equipment. Individual volunteers will also be needed with necessary training to obtain a Firefighter 1 designation.  Jerry also stated that the agreement with The Nature Conservancy (TNC) for the temporary firehouse was to cost share the electrical expenses 50-50 but to date the ZHA has not been billed for any electrical.  

Nancy Starling Ross asked if Jerry had an operating cost projection and how will funding be obtained to pay for construction.  Jerry stated that operating costs will be as low as possible with a sustainable structure that will not require much outlay for maintenance and he has been looking into grant money available both State and Federal to obtain for construction, education and an apparatus with the assistance of Alamosa County Fire Protection District.  

Governance:  Erin Smith gave a short report in Chair John White’s absence.  This committee has not had much activity over the last year with no work being done on a new Covenants document over the last year.  Hopefully the new Covenants will become a simplified document that will govern the entire subdivision; and Erin asked for all members’ input and for as many as possible to sign up for this committee. 

Physical Improvements:  Chair Joe Funk stated that road maintenance is an on-going project of his committee especially recently with the road damage created by the recent rains.  His committee has been working on the fire evacuation route from upper Cottonwood Loop to Navajo Road as 85% of accidents during fire events are vehicle related.  Also much fire mitigation work has been completed over the last several months in many of the greenbelt areas.  There have also been improvements done to Big Bear Road over the last year as well as Colima Place.  He feels that Lake of the Falls is in good shape as any grading done has been followed by a roller.  

Culvert and ditch improvements and clean out has been on going and has helped control major flood damage on the subdivision. 

     ▪Commercial Property on the Zapata Subdivision:  This was an item that should have been discussed under Architecture, so Jack wanted to update the members on the Unit III Re-Zoning issue.  Not much has occurred since a year ago this time.  Recent correspondence was sent to Darius Allen, Alamosa County Commission Chairman to push for a review of the ZHA application so that this issue can be resolved.  Jack encouraged property owners to send thoughts to Alamosa County Land Use/Alamosa County Planning Commission/Alamosa County Commissioners/Water Division III on this issue to try to get this process completed.  The Land Use Office had been concerned that not all property owners had been informed on this issue, so in January along with the yearly dues a mailing had gone out to 100% of the subdivision property owners explaining what was trying to be done with an accompanying map showing where the proposed commercial property would be after the re-zoning of Unit III.  An announcement of the progress on this issue will be posted on the website. 

Water:  Chair Jim Jones thanked his committee members Jack Zeman, Joe Funk, Dan Curtis, Pam George and Mark Smith for their assistance during the last year.  Jim stated that his committee had worked over the past year to develop a good relationship with The Nature Conservancy (TNC) concerning water issues.  Meters have been installed on the different measuring devices on the subdivision and readings are being done annually. 

Kim Bennett asked about the recent leak at the Upper Lake.  It was explained that the recent pipeline replacement to an 18” pipe had resulted in much of the vegetation being moved in this area where the leak had formed.  Water Division III had recently had a dam engineer inspect this area and a written report will be forthcoming.  It has been ordered by Water Division III that in the meantime the pipeline be closed and the Upper Lake level has been dropped to below the outlet.  After this was done, in a four-five day period the seepage had stopped.  There is fresh water being circulated in to keep existing fish alive.  TNC’s only involvement with this area is where the shunt has been installed for a diversion point.  There is also an annual meeting in March between Water Committee members and TNC that has been set up to keep communication lines open concerning water issues. 

Welcome:  Chair Marty Russum was not present but members present were notified that materials have been drawn up by this committee on how the ZHA operates and are ready to hand out to any new members upon request. 

NEW BUSINESS  

There was no new business to come before the membership at this meeting.  Newly elected board members Erin Smith, John Clark, Jerry Grandey and Jim Jones were congratulated. 

ADJOURNMENT:  There being no further business to come before the membership the meeting was adjourned for members to enjoy a potluck luncheon. 
 
 

_____________________________________________

Joe Funk, Secretary