Board of Directors Meeting

ZAPATA HOMEOWNERS ASSOCIAITON

Board of Directors Meeting

September 17, 2010 

Call to Order:  The Board of Directors for the Zapata Homeowners Association held its regular meeting Friday, September 17, 2010, at the Mosca Community Building at 5:30 PM. 

Board Members Present:  Jack Zeman, Joe Funk, Erin Smith, Jim Jones, John Clark and Jerry Grandey.  Administrator Cindy Chapman was absent for this meeting.  There were no property owners present. 

Approval of the Agenda:  Jerry Grandey moved to approve the agenda as presented.  Joe Funk seconded and the vote was unanimous. 

Approval of the Minutes of the August 20, 2010 Board Meeting:  Erin Smith moved to approve the minutes from the August 20, 2010 board meeting.  John Clark seconded and the vote was unanimous. 

Approval of the Bills to be Paid:  Jerry Grandey moved to approve the bills as presented.  Jim Jones seconded and the motion carried unanimously. 

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

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  1. Budget spreadsheets formatted and sent out to Erin and other committee chairs.
  2. Mediation court date attended by Jack Zeman and me with ZHA attorney Erich Schwiesow concerning the lot Mark and Virginia Blosser acquired through an eBay auction in 2008 asking that fees the Blossers paid be reimbursed to them.
  3. Board meeting minutes from August dropped off at ASB for the third signature of John Clark be added to the bank signature card.
  4. Electronic version of topo map of Tract E obtained from Pat Steenburg to be sent on to architects for CR.
  5. Emailed Erich’s response to Water Division III to board members for their review.
  6. Formatted letter to Alamosa County Fire Protection District to be emailed and mailed announcing the hire of CR architect + design to begin the process of building a firehouse on the subdivision.  This letter was also sent to several other entities to keep them apprised as well.
  7. Monthly reconciliation of Alamosa State Bank account completed.
  8. Monthly reconciliation with Carlton Collections completed.

Jerry asked if Erich had sent the letter to Water Division III in item #5.  Jack stated that this letter had been sent but there has been no reply from Water Division III to date. 

Committee Reports 

Architecture:

     ▪Roach Update:  Chairman Jack Zeman stated that there has been nothing more done on this item. 

Jack also informed those present that the Scrimas have withdrawn their application to install an addition to their existing driveway and to add sand to an 80-foot horse-walking area.  They may pursue next year but are considering putting an addition on their home. 

Communication:  Chairman Jack Zeman stated that he had received a response from Shane concerning turning over the administrative rights to website and will follow up this next week.  The next newsletter will be sent out in October and will include the budget information for 2011.  There will also be an article on the recent agreement signed with CR Architecture + Design as well as the process so far with the Alamosa County Fire Protection District. 

Fees & Budget:

     ▪Rockwood Lots/eBay: Erin Smith has worked with two potential buyers for the lots and Jack Zeman will show them on Sunday.  Erin Smith asked to be excused from voting if they make an offer on the lots because she has been a long-time friend of the potential buyers.  Due to difficulties of placing a free ad with craigslist, Erin asked to be able to advertise on eBay.  

Jerry Grandey moved to authorize Erin Smith to advertise lots on eBay if an acceptable offer by the potential buyers is not received prior to the listing being posted.  Jim Jones seconded and motion carried unanimously.  Jack will poll board as offers come in as to whether to accept or not. 

Erin would like to have all committee budgets to her by September 23, 2010. 

Fire:

     ▪Update on Where Proposal Stands:  Chairman Jerry Grandey stated that he, Jack Zeman, and John Clark had a meeting with Mosca-Hooper Fire Chiefs to assess the needs of the fire department and the ZHA for the Zapata substation being planned.  The Chief and assistant chiefs there were very attentive and cooperative.  Questionnaire information has now been completed.  Jerry’s job now will be to compile and get to the architects by Monday.  He is hopeful to have all the information back soon and to complete the needs assessment by next month.  As of Monday, only two pieces currently missing will be in the architect’s hands.  He will plan to go through all of the information more this weekend but feels that the process is going quite well.  Jack stated that when Mosca-Hooper goes out on an emergency medical call or motor vehicle accident and they feel the first responders may not be able to handle the medical aid necessary, they have an arrangement to call a helicopter to come in from Pueblo, which can respond sooner than an ambulance from Alamosa.  If there is no need to transport, there is no charge; if they have to carry someone out, there is a charge.  Jerry stated that the reason Pumper #1 at the temporary Zapata station has not been used is that there are no responders on the subdivision.  Jerry is hoping to have some residents on the subdivision become certified to be responders.  The requirements are good health, willingness and 18 years of age or older.  Mosca-Hooper also shared some of their experiences in obtaining grant funding.  Jerry will raise with the architect reconfiguration of traffic patterns at our entrance as part of the siting of the new fire station.  Alamosa Fire Chief Don Chapman was not at this meeting due to late notice to him reminding of the meeting, but Mosca-Hooper will integrate Don into any future meetings and keep him in the loop.  Jerry also sent a note to Pete Magee, Emergency Operations Manager for Alamosa County, and has received a couple of responses back with the last response being quite helpful and to the point.  Jack wants to get the subdivision’s Community Wildfire Protection Plan maps updated, with the last maps being done in 2002.  Jerry would like to have the sources of water pinpointed on the maps as well. 

Jerry also reported on the recent Alamosa County Fire Protection District meeting which he and Jack Zeman attended.  They were well received and were given a proper hearing and given a positive response. Although no motion to support was made, no one said no either.  Jerry just wants to keep them in the loop.  Jerry wanted them to know that the ZHA is spending its own money to move forward at this stage, as they see the need for a community protection plan.  The ACFPD board members made several positive comments and gave no indication that they would not give the ZHA their support.   

Governance:   Chairman Erin Smith stated that she will contact Nancy Starling Ross to work on a budget figure for this committee for 2011. 

Physical Improvements and Maintenance:  Chairman Joe Funk stated that there had been a little water damage on Indian Hill; put some dirt in a little higher where needed.  Lake of the Falls has been gone over a couple of times for washboards.  It will need to be resurfaced sometime in the near future.  He has also worked on Mill Run to Cub Creek Loop for washboards.  There has been some packing done and may need to put gravel on Mill Run. 

Water:  Chairman Jim Jones stated that there is still water running through the subdivision but is starting to slow down.  Paul Crabtree of the Crabtree Group out of Salida will be coming to the subdivision with his team on Tuesday, September 21, 2010 at 1 PM to view the Upper Lake.  Because of the recent events with the state engineer, Jim feels that there is a need for a civil engineer to look at the entire Upper Lake situation.  Jim stated that there will be a break on their mileage charges as they are attending an event in Del Norte at 6 PM that same day.  Jim believes that things will be able to be smoothed out and he feels that TNC should be paying for part of this expense, but he won’t hold his breath.  Jim is looking forward to this meeting and has notified his committee members and has encouraged them all to be in attendance.  Joe thinks that if the dam needs to be torn out it would be best to do before the water level rises.  Jack stated that the state found soil below the dam had been saturated enough to have a failure and he is sorry to have missed the opportunity to test the soil while it had been saturated. 

Welcome:  Chairman John Clark had no update.  He will begin flying the U.S. flag tomorrow.  The flag was acquired by Erin Smith in 2002 from former U.S. Sen. Wayne Allard who had it flown over the Capitol in Washington, D.C., for the ZHA. 

Old Business: 

     ▪Unit III – Application Filing Update:  There is no update and has not pushed the issue as Jack Zeman has been tied up with the 2011 budget and other things.  He will check to see if the commissioners have assigned priorities with Alamosa County Land Use. 

Two weekends ago, volunteers worked on cleaning up the front entrance.  He has heard many positive comments and received a thank you note from Judy Sabbato. 

     ▪Schwalm Lawsuit:  The ZHA attorney filed a motion for summary judgment today asking to have this case dismissed.  The ZHA attorney met with Schwalm’s attorney and depositions of two witnesses (Walter Schwalm and Pat McDermott) had been taken last week.  If not dismissed, they there will be a pre-trial motion in October and the trial in December. 

     ▪Mercier No Trespassing Signs:  Jack asked for unanimous consent to put the Mercier issue back on tonight’s agenda and got it.  (Later Erin pointed out that the issue was on the Action Item list of the agenda.) He stated that a letter had been sent to the Merciers to remove the no trespassing signs but they are still up as of today.  Jack has seen Sharon Mercier driving around and he suspects it was to see if other signs are posted on other properties.  A decision needs to be made on how to proceed with this issue.  Joe wants them to be removed and suggested the Merciers either remove these signs or be assessed a fine.  Jack stated that according to Policy #26 – Enforcement of Governing Documents they can be fined $100 and if the signs have not been removed then a $50/day penalty could be assessed.  Joe stated that there are also no trespassing signs on the Dessain property.  Jack explained to John Clark that only a 4-square foot For Sale/Rent and state statute allows for political signs during a political season to be posted on a single property but the last is not addressed in the ZHA Covenants.  Joe expressed even filing a lien on these properties.  Jerry stated that the board needs to contact the Dessains and Merciers and give them an equal amount of time to get these signs down.  Erin suggested a certified letter with a return receipt be sent to the Merciers and Dessains. 

     Jerry Grandey moved to send letters to the owners of the Dessain and Mercier properties by certified mail with a return receipt stating that they have three weeks to remove the no trespassing signs from their property; after which the board will consider assessing the following schedule of fines:  $100 initial fine with a $50/day penalty if not removed.  John Clark seconded and the motion carried unanimously. 

     ▪Scrima Fence/Stable Waste Dumping:  Jack stated that he had invited the Scrimas to attend tonight’s meeting as the stable waste dumping issue was going to be on the agenda.  Response from Mr. Scrima was that if that is the way the board treats property owners, then he no longer wants to associate with the board.  Joe stated that the Scrimas had been putting stable waste dumping in the back arroyo to the north of their property, along the fence beyond their survey stake and dumping in other arroyos as well.  Jack stated that the Scrimas had complied with the request to remove the fence, subsequently had been asked to pick up materials from the fence removal along the Lake of the Falls right-of-way and that they have complied with that.  The Scrimas have not attempted to put the fence back up.  Jerry stated that if they do intend to re-install this fence, they will need architectural approval.  Scrimas said an employee made the mistake of dumping horse waste by the dumpsters to which Tom Scrima apologized and recognized what had been done.  Jerry stated that he would also like the Scrimas to recognize the long-term pattern of disregard to their neighbors and Zapata community.  Jack stated that Mr. Scrima feels he is being back-stabbed.   Scrima’s response to not associate with the Association was a disappointment because the board is only trying to uphold the rules and protect the membership.  The board’s position is to uphold the governing documents of the subdivision and fines may need to be imposed.  John feels that the Scrimas need to acknowledge what they have done.  Jack will take a stab at writing a letter to them addressing all of the above issues. 

New Business 

There was no new business to come before the board at this meeting.  However, Jim Jones stated he had been talking with an owner of property of the Zapata who had suggested having a wood fest on the subdivision that is open to the public.  Trinchera has been having them for years.  It would definitely need to be monitored and guidelines given.  Perhaps the membership should be asked whether they are in favor or not.  This would be for removal of dead and downed wood only.  Jerry has concerns with not being managed properly and that a lot of wood is inaccessible.  Joe has been working on opening up the greenbelts but more work needs to be done to make this wood accessible.  Discussion followed on perhaps only opening up one area and marking what can be taken.  Developing a wood fest idea will be put under Action Items and Jim suggested putting an article on the website. 

Joe stated that he would like to try using plastic on survey posts marking the openings to the greenbelts: green on one side, red on the other. 
 
 
 
 

ACTION ITEMS 

20 Minute Open Forum: 

Jerry needs a clicker for the front gate for the fire truck.  Joe will take one over and put in fire truck. 

Jerry would like a correction to be made to the Profit & Loss Statement showing the money received from the State for the $1500 received for burning the wood recovery lot.  Cindy will be notified to make this correction. 

Erin asked if she would need special approval to replace her septic tank if necessary. The board said it regarded a replacement as a repair but asked her if she would let them know of the activity.  She said she would, that she regarded the subdivision as a “family” and that such notification was only polite. 

Adjournment:  The next regular meeting of the Zapata Homeowners Association will be held on Friday, October 15, 2010, at 5:30 PM at the Mosca Community Building. 
 

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Joe Funk, Secretary