Board of Directors Meeting

ZAPATA HOMEOWNERS ASSOCIATION

Board of Directors Meeting

July 16, 2010 

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

Board Members Present:  John White, Jack Zeman, Joe Funk and John Stump.  Board members Jerry Grandey and Jim Jones arrived after the meeting was called to order and their arrival will be noted later in the minutes.  Board member Marty Russum was absent.  Administrator Cindy Chapman was also present along with the following property owners:  Erin Smith. 

Approval of the Agenda:  John White asked to have the agenda item Mark Blosser added to New Business. 

     Jack Zeman moved to have the agenda item Mark Blosser added under New Business.  Joe Funk seconded and the motion carried unanimously. 

    A vote was taken to approve the agenda as amended.  The vote was unanimous. 

John White reminded members present that the agenda was long this evening so asked that remarks remain brief and on point and that there will be no personal attacks on individuals. 

Approval of the Minutes of the June 18, 2010 Board Meeting:  A vote was taken to approve the minutes from the June 18, 2010 board meeting.  The vote was unanimous. 

Approval of the Bills to be Paid:  Administrator Cindy Chapman informed members that check #2072 written to Mary Comer was a refund check for overpayment of 2010 dues.  Discussion was held on check #2070 for road repairs to Pine Valley Loop.  Jack explained that there had been an Xcel truck doing work on the subdivision and the truck had become stuck and in trying to remove this truck, serious damage had resulted that required emergency repairs be made to the road. 

     Jack Zeman moved to approve the bills as presented.  John Stump seconded and the motion carried unanimously. 

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

1. Received final payment from Kym Allison for 2010 homeowners’ dues as promised.
2. Contacted by Larry Overbee concerning the Sand Dunes fire and the possibility of putting up a fire camp on the Zapata subdivision.  Jack and Joe were to meet with him concerning this issue.
3. Took necessary information to Alamosa State Bank to get a new bank signature card.  Card prepared for signatures at the July meeting.
4. Prepared a lot consolidation request from Chris Lippard for board approval and submittal to Alamosa County Land Use.
5. 1 lien release prepared for Mark and Lisa Young who have paid the balance owed on their account.
6. Annual Meeting documents completed and emailed to the printer to be sent out to the membership by the deadline of July 7, 2010.
7. Annual Meeting article and financials emailed to Jack Zeman to be included in the upcoming Newsletter.
8. June month end reconciliation done with Carlton Collections.
9. June month end financials completed, reconciled and sent to John Stump.
10. Firehouse information sent from CR Architect and Design sent out to Jerry, Jack and Joe for their review and follow up.
11. Documentation gathered concerning Mark Blosser lot acquired through BKAssets on Ruth Gourdine bankruptcy.  Protesting that he should not be liable to pay any of the back dues/late fees associated with this lot.
12. Vacation Request:  September 8-20, 2010.  I will be out of the country and will miss the September board meeting.  Will arrange to get meeting materials to Chairman prior to leaving.

Cindy pointed out to the board that Kym Allison had paid her account in full as per the agreement the board had made with her earlier.  She also had one lien release prepared for board signatures.  Cindy also asked the board to approve a vacation request as outlined in item #12.  The board approved this request.  Cindy also stated that the proxies are coming in slowly and the majority received so far is abstentions which come as a surprise to her. 

Committee Reports 

Architecture:  Chairman Jack Zeman stated that a hearing on the lot consolidation that was approved by the board for Jocelyn Russell will be held on August 4, 2010 beginning at 2:00 PM at the Alamosa County Land Use Office. 

     ▪Roach Update:  Jack stated that nothing had been received from either Erich Schwiesow or Joseph Roach.  The 30 day period granted by the board for the removal of the sheds has passed so Jack will get in touch with Erich and will report back at the August board meeting. 

     ▪Preliminary Approval Home Based Business:  John Stump asked to have this on the agenda as he is planning on constructing a home in the future.  His wife Perla is a fiber artist and Spanish teacher.  They are planning on building a studio and she would have occasional students and customers which require that the gate code be given out.  John W. stated that the same type of guidelines for a home-based business by the County would be followed and each application would be reviewed by the Architecture Committee on a case-by-case basis with review of the impact to the subdivision being reviewed as well.  John S. was encouraged to pursue and present his proposal to the Architecture Committee for a variance approval. 

Board members Jim Jones and Jerry Grandey entered the board meeting at this time. 

Communication: 

     ▪July Newsletter:  Chairman Jack Zeman stated that he had just received the first draft of the July newsletter so would like to email it out for board review and approval after which it will be sent to the printer for printing and distribution. 

     ▪Web Site Updates:  Jack stated that he had thought he had removed the PayPal option from the website for payment of dues but had found it mentioned in another section so will get that removed as well.  He has had the polling section removed and the ability to post announcements is being worked on.  Jack has had a problem making connections with Shane so he is in the process of obtaining the administrative controls from Shane so that website updates can be done without Shane’s involvement. 

Fees and Budget:  Chairman John Stump stated that the budget status has become grim.  The sale of the Rockwood lots was projected as income for 2010 which has not yet occurred.  John S. did state that there is a $15,000 CD that can be cashed in and the $9,500 fire mitigation reimbursement monies should be coming in shortly.  John W. stated that the $15,000 is excess money from previous years and can be used and that perhaps a freeze on spending for the time being with any spending needing to be approved by two or three board members.  Decision on these items will be held until discussion on the Rockwood lot sales has been completed. 

     ▪Rockwood Lot Sales:  John S. asked if the bidding process would work with the public to sell the Rockwood lots or if a set price for each lot should be set.  Erin Smith stated that Craig’s list might be an option to try and sell these lots.  She stated that if a Realtor is used, there would probably be a 10% fee.  John W. also asked what an auctioneer would cost.  Erin stated that with Craig’s List you can pick the areas in which you want to advertise these sales.  EBay sales were also suggested but Erin state that there is an insertion fee if using EBay.  Discussion was held on how best to handle this situation.  Lot prices were set at $6,000, $8,000 and $8,000.  Jerry will work on getting necessary pictures of these lots and Erin will get them listed on Craig’s list with responses coming in to Cindy and then she can forward on to board members for their review. 

     Jerry Grandey moved to list the three lots for the prices of $6,000, $8,000 and $8,000 on Craig’s list with pictures of each from different views in selected areas of the country.  Responses will come in to Cindy to be forwarded on to the board for their review.  The Fees & Budget Committee will manage this activity.  Jack Zeman seconded and the motion carried unanimously. 

Discussion then followed on how to budget for the rest of 2010.  Jerry stated that his committee can put $6500 of his budgeted expenditures on hold; the other committee chairs will review their budgets to see where cuts can be made.  All committees were encouraged to be frugal and the $15,000 CD will be cashed out at the 7/28/2010 maturity date and deposited into the Alamosa State Bank account. 

Fire:

     ▪Architect Contacts:  Chairman Jerry Grandey stated that contact had been made and information received from CR Architecture and Design on firehouse structures.  Cindy also told Jerry that Don Chapman had given her the name of Tracy Reynolds, an architect out of Durango.  Jerry stated that he had sent the recent email to Don so that he would know that the ZHA is going forward with the possible building of a permanent fire house. 

     ▪Fire Engine at Annual Meeting:  Jerry felt it might be a good idea to have the fire engine at the annual meeting for membership security and for display to the Membership. 

     ▪Signs to Zapata Temporary Substation:  These signs have yet to be installed at TNC. 

     ▪Recent Contacts with Mosca/Hooper VFD:  This has not been done. 

     ▪Recent Contacts with Alamosa County FPD:  Jerry has been in contact with Chere Plane, Administrator for the ACFPD but no one on the board. 

     ▪2011 State Forest Grants:  Jack stated that if there are interested property owners who would like to begin the grant process for individual fire mitigation, the form is posted on the website.  Jack can help with filling out these forms and then to contact Jeff Burns if they need additional assistance.  The board needs to decide on continuing fire mitigation efforts on lower Lake of the Falls and Mill Run north and south parallel to Hwy. 150 to the boundaries of the subdivision.  The deadline for grant applications is August 11, 2010.  The Stevens grant also available at 100% reimbursement to be used for fire mitigation efforts along the subdivision boundaries bordering BLM lands needs to be looked into.  This grant can be applied for at any time. 

     Jack Zeman moved to apply for grant monies to continue fire mitigation efforts along the western portion of Lake of the Falls and the north/south portion of Mill Run running parallel to Hwy. 150 to the boundaries of the subdivision and to inquire about the Stevens grant monies available.  Jerry Grandey seconded and the motion carried unanimously.  The 50% fire mitigation expenses to be paid by the ZHA will be included in the 2011 budget. 

Governance: 

     ▪Covenants Update:  Chairman John White stated that after some thought, he decided to wait on further Covenants updates until the outcome of the Bylaws changes vote at the Annual Meeting.   

     ▪Campers – Business or Pleasure:  Jim Jones stated that he had a camper trailer in his driveway that was being used by contractors for 10 or 11 days while putting in flooring in his residence.  They were only using the camper for sleeping purposes.  John W. stated that the Covenants allow for camping if the property is located in Unit II.  This issue had been brought to the board’s attention by board member Marty Russum who was not present at this meeting.  Jim stated that he had spoken to Marty personally about this issue.  Jack stated that the Architecture Guidelines suggests no camping be allowed anywhere on the subdivision so the wording in these documents needs to be clarified.  It was the consensus of the board that this incident was not in violation. 

     ▪3^rd Reading – Change to the Voting Section of the Bylaws:  The suggested changes that were mailed out to the membership for voting purposes at the annual meeting were presented for the third reading. 

    Jerry Grandey moved to approve the 3^rd reading of the proposed changes to the voting section of the Bylaws as mailed to the membership.  Jim Jones seconded and the motion carried unanimously. 

Physical Improvements: 

     ▪Entrance Modification:  John White had asked to have this as an agenda item for this meeting.  He presented a drawing for his proposal for the entrance sign at the front entrance.  John W. suggested having a volunteer work day to remove the big sign and split rail fence at the entrance to the subdivision and then allow the natural vegetation to begin to grow into this area.  He also proposed to add the wording HOA to the two Zapata signs that are in place now.  An example of these proposed changes were handed out for Board review.  The members will review and this will be addressed at the August board meeting.

Chairman Joe Funk stated that he had ordered the roller to begin work on Mill Run but there had not been any rain so the roller work has not been done.  It may be necessary to do this roller work even if there is no rain. 

Water:  Chairman Jim Jones stated that his committee had held their quarterly meeting on July 14, 2010.  The first priority set up by the committee was to meet with Pat McDermott to clarify the recharge for 5 wells under 3345 which encompasses 50 lots.  Continue trying to contact Darius Allen to see if the County can get Water Division III to respond to the Unit III rezoning issue which has stalled due to not receiving any response from WDIII.  Several items were also listed to discuss with Erich Schwiesow, Water Attorney for the ZHA.  Main issues were to get affirmation that the ZHA assume responsibility of the Ryan Stipulation; claim unappropriated water should be applied to ZHA in S. Zapata Creek and Spyder Creek for beneficial use on the subdivision for sustaining environment, native fish, wildlife and forest; and, the ZHA should manage water systems from the bubblers and including inlets and outlets to the Lower Lake. 

As has been stated many times, there has not been any response from Water Division III on any issue the ZHA has asked for.  The feeling is that no response means that WDIII wants the ZHA to open its decree to clean up conflicting water issues.  Joe’s feeling is that if the decree was re-opened that the domestic use of water would be gone and water use would be “in house” only.  John W. suggested that when possible a domestic well permit should be filed with WDIII and if it is denied then push for a response.  Erin Smith also suggested asking for assistance from our state legislators to which she added that Gail Schwartz would be hosting a community coffee at Erin’s Zapata residence in the near future.  

Some committee members feel that perhaps Erich does not want to pursue committee outlined water issues.  John W. stated that the ZHA should give him a list of expectations that they expect to get resolution on and Erich will accomplish these items for the ZHA.  

     Jerry Grandey moved to have the Water Committee pursue the water issues as outlined in the July 14, 2010 committee minutes with the full support of the ZHA Board of Directors.  Joe Funk seconded and the motion carried unanimously. 

Welcome:  No report. 

Old Business: 

     ▪Unit III – Application Filling Update:  There has been no movement on this issue and John W. is ready to call the question with the Alamosa County Zoning Commission for an answer.  The ZHA Board has done everything that has been asked and the governing entities have been uncooperative.  Contact with Water Division III through Darius Allen should also be pushed. 

     ▪Schwalm Lawsuit:  Nothing new. 

     ▪Curtis/Park Place:  John W. stated that a letter had been sent to Mr. Curtis outlining the Board’s position on this issue.  Mr. Curtis responded that he does not feel he should have to pay anything to have this road installed and will be in contact after discussion with his attorney.  The Board will wait to hear from Mr. Curtis on this issue. 

     ▪Trespassing Signs – Mercier Property:  A review of this situation still needs to be done by the Board to determine if there are violations.  Jack will speak with Marvin. 

     ▪Scrima Fence:  John W. stated that he, Joe and Jack had met with Mr. Scrima and Mr. Scrima had agreed that his fence was in violation.  It was agreed that Mr. Scrima would have until the August 20, 2010 board meeting to bring his fence into compliance.  If this work is not done then the formal violation process will begin.  John W. also agreed to speak to Mr. Scrima on the numerous violations that have occurred over the last years. 

New Business: 

     ▪Strategic Plan Check Up:  The 2010 Strategic Plan was reviewed by board members so that a report of all of the accomplishments can be presented to the membership at the Annual Meeting. 

     ▪Board Policies:  Marty Russum had asked for this agenda item and is not present for further discussion.  John W. believes that Marty was concerned that Policy #14 has not been followed in reference to obtaining bids for projects that are over $5000 in cost.  The road maintenance is ongoing and does not require obtaining bids every time the roads need to be graded. 

     ▪Horse Riding on the Subdivision:  This was also an agenda item asked for by Marty Russum.  Mr. Russum had sent out an email addressing the trespassing of Scrimas on his property especially along the greenbelt while on horseback.  Further discussion followed with the following motion being adopted: 

     Jerry Grandey moved to allow Marty Russum to post “No Trespassing” signs on his property line facing the greenbelt.  Jack Zeman seconded.  Joe Funk, Jerry Grandey, John Stump and Jack Zeman voted in favor; Jim Jones voted no.  The motion was carried.  John White will prepare a response to Mr. Russum. 

John S. questioned that maybe a tougher stance on horse riding on the subdivision should be taken by the Board.  Jerry felt the difficulty is with property owners playing fast and loose with the policies that are in place.  Discussion was held on perhaps contacting property owners with horses to act as good members while on horseback.  Joe stated that Mrs. Duffy had asked him to show her where all of the exits/entries to the greenbelts are located so that she will not be trespassing while riding.  It was decided to perhaps point these suggestions out to those in violation as not all horse owners on the subdivision are guilty. 

     ▪Spraying on the Subdivision:  John W. stated that Forrest Ketchin, a resident of the subdivision has severe allergies to products used in spraying weeds on the subdivision and needs to have prior notification before spraying so that she can leave the subdivision.  Joe and Jack have spoken with Ms. Ketchin and notice will be given to her when spraying is being done by the ZHA.  Individuals will be harder to track but Jack stated he will run an article in the Newsletter asking for property owners cooperation in this matter. 

     ▪Lippard Lot Consolidation Request:  An email request was received from Chris Lippard and Tiffany Rousculp asking to consolidate Unit 1, Block 12, Lot 6 @ 1.04 acres; Unit 1, Block 12, Lot 7 @ 1.06 acres; and Unit 1, Block 12, Lot 8 @ 1.22 acres for a combined acreage of 3.32 which would be subject to a double dues billing amount. 

     Jerry Grandey moved to approve the above lot consolidation request.  Jack Zeman seconded and the motion carried unanimously. 

     ▪Mark Blosser:  John W. brought up the emails that have been sent by Mr. Blosser requesting that since he purchased his property through a bankruptcy sale, that he should be reimbursed for the fees that he paid in back dues and late/lien fees in 2008.  Erich has been brought in on this email stream and has repeatedly stated that the fees are attached to the property and not to the person.  Mr. Blosser’s last request was to have a check in hand by 7/19/2010 to reimburse him for these fees or he would begin legal proceedings. 

     Jerry Grandey moved to not refund these fees.  Jack Zeman seconded and the motion carried unanimously. 

     Jerry Grandey moved to send Mr. Blosser a short response from the Board.  Jack Zeman seconded and the motion carried unanimously. 

ACTION ITEMS 

20 Minute Open Forum:  John W. reminded those board members going off the board this year that their terms do not officially expire until the August 20, 2010 board meeting.  Also clarification will be obtained from Marty Russum as to whether he is still willing to serve as a Board member.  John W. will also not be at the Annual Meeting so Jack Zeman will be the moderator for the meeting. 

Jerry Grandey:  Concerning the firehouse proposed site, the necessary steps have been taken; the membership has been polled concerning the proposed building site; applying for a building permit is the next step to obtain clarification from Alamosa County on the site chosen as to whether building can actually take place on this location. 

Joe Funk:    Owners had informed him of a tent on 229 California Circle.  Joe looked into this and found it was just a shade canvas while Bruce Bosche is cleaning up his property and he is not camping.  Bruce Bosche a new committee member for Physical Improvements and Fire Committees has gone through the necessary channels to obtain an address for his ZHA property. 

Jerry Grandey:  Asking for input on the Medano Fire.  He was told that the community was very pleased with the firefighting efforts.  John W., Jack and Joe spoke with Larry Overbee concerning his department’s request for a large campsite for future firefighting efforts if needed.  John W. stated that Wayne and Nancy Starling Ross have expressed an interest and will give the Ross’ the BLM contact information.  The board will be kept apprised of this situation by the Ross’. 

There has also been a bear sighting on the subdivision by Forrest Ketchin and other homeowners.  

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

___________________________________

Joe Funk, Secretary