Board of Directors Meeting

ZAPATA HOMEOWNERS ASSOCIATION

Board of Directors Meeting

October 15, 2010 

Call to Order:  The Board of Directors for the Zapata Homeowners Association held its regular meeting Friday, October 15, 2010, at the Mosca Community Building at 5:30 PM. 

Board Members Present: Jack Zeman, Joe Funk, Erin Smith, Jim Jones, Jerry Grandey arrived late and will be noted later in the minutes.  Board member John Clark was absent for this meeting but gave his proxy to Jack Zeman for voting purposes for this meeting.  Administrator Cindy Chapman was also present along with the following property owners:  John Ferguson and Wayne Ross 

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

Approval of Minutes from September 17, 2010:  Joe Funk moved to approve the minutes from the September 17, 2010 board meeting.  Erin Smith seconded and the vote was unanimous.   

Approval of Bills to be Paid:   Administrator Cindy Chapman asked that check #2105 in the amount of $150.90 to Erin Smith for lot listing fees on eBay be included in the bills to be paid for this meeting.

     Jim Jones moved to approve the bills as presented with the inclusion of check #2105.  Joe Funk seconded and the motion carried unanimously.

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

1. Certified letter mailed out to Sharon Mercier and Marvin McCarty regarding the removal of no trespassing signs.
2. Building application materials sent out to Dan and Susan Curtis.
3. Letter from Margaret Chain sent out for board review with possibility of contents being an agenda item for the October board meeting.
4. Letters sent to L. Earl and A. Valdez thanking them for their recent back dues payments through The Carlton Company and reminding them that their 2010 dues still need to be paid before the lien of their individual properties can be released.
5. Budget questions posed by F & B answered.
6. 2011 budget matrix prepared for mailing to membership for their review.
7. Clifton Curtis septic application copied and mailed out to A/C members.
8. Sharon Mercier reply letter sent out for board review.
9. Questions answered and information sent to Suzanne DeVore concerning 2010 grant monies received and how it was accounted for.  Updated financial reports sent as well.  Suzanne would like to see the income from the grant reflected on the Income Statement and leave the actual expense for downed trees and wood recovery lot.
10. A/R listing with breakdown information sent to Suzanne DeVore for F & B committee information.
11. Reply letter from Erich Schwiesow to Nancy Lake, Sharon Mercier’s attorney concerning No Trespassing signs.

Committee Reports 

Architecture:

     ▪Roach Update:  Chairman Jack Zeman stated that he had seen a “For Sale” sign on Mr. Roach’s property.  Northing further has been done concerning the architectural violations.  This item will be removed from the agenda until further action is taken if necessary. 

Clifton Curtis submitted a septic application which has been approved by the Architecture Committee for site prep and timber clearing on Unit 2, Block 33, Lot 32. 

Communication:   

Chairman Jack Zeman stated that the fall Newsletter will go out Monday with the proposed 2011 budget information matrix as well as logo submittals from Linda Duffy for member review and input. 

Fees & Budget: 

     ▪Rockwood Lots/eBay:  Chairman Erin Smith stated that the lots owned by the ZHA through the Rockwood foreclosure have been listed on eBay, one question on Covenants has already been received and she has answered.   Upper lot is listed for $6000 and other two lots are listed at $8000/each.  H.C. Land Company, the current owner of the lot in between these two lower lots might be approached as this owner is delinquent on dues.  Erin suggested that if this takes place and the three lots are consolidated the board consider charging one fee if consolidated to sweeten the deal to sell.  She will keep board updated on progress on these lot sales. 

The Fire Committee Report will be moved to later in the meeting as Chairman Jerry Grandey has not arrived at the meeting yet. 

Governance:  Chairman Erin Smith stated there had been no activity of this committee over the last month.  John White is discouraged the Covenants re-write has not moved forward. 

Physical Improvements and Maintenance:  Chairman Joe Funk informed those present that he has repaired the most current rain damage along Lake of Falls between Indian Hill and Arrowhead with more work also done on Indian Hill between Hampton and Mill Run. 

Water:  Chairman Jim Jones stated the process of examining the Upper Lake dam by placing a measuring board to be placed by the Crabtree Group, an engineering company recently hired by the ZHA, the gate will be shut down and filling of the lake will begin and monitoring will begin on the drop in the lake level to see if excess seepage around the discharge pipe by the toe of the dam will satisfy Water Division III to be able to keep filling the lake for homeowners enjoyment.  When the last change was made the pond where excess water had been going into was eliminated and this is when the seepage problem began.  WDIII ordered the ZHA to have this examination.  Wayne Ross asked if repair or discontinue use are only alternatives if report is negative to which the reply was yes. 

Quarterly committee meeting was held on October 9, 2010 where several issues were discussed.  There is overall satisfaction of committee members on the progress being made on water issues addressing the ZHA. 

Jack stated there had been discussion on the latest water decree changes from the filing of TNC and RGWCD accepted by the court clarifying the recharge areas.  The ZHA attorney was asked to prepare a written report on how this newest filing with affect the ZHA.  The area in question is from the bubblers to the Lower Lake.   

Welcome:  No report as Chairman John Clark was absent for this meeting.  His mother-in-law passed away this last weekend after visiting them on the subdivision. 

Old Business 

     ▪Unit III – Application Filing Update:  No update.  Crabtree Group, the engineering group recently hired by the ZHA for the Upper Lake dam, stated there is a good argument to make with Alamosa County that the rezoning of Unit III in 1999 was illegal because no thought of impact on water and no signature from ZHA on application filed for the re-zoning.  Jack will speak with Erich to vacate the 1999 zoning issue.  John Ferguson stated that if this happens the Covenants could then go forward with a re-write of first pages to help begin the process again.  Plat is still a problem.  Erin stated that the additional lots to be put in as commercial property to act as a barrier as required between commercial and residential property as mandated by county regulations.  Joe Funk stated that one problem is that Water Division III is trying to tie to acres instead of acre feet.   

     ▪Schwalm Lawsuit:  No update.  Motion for dismissal was filed for summary judgment and judge is reviewing this now.  Decision should come down by end of October what the decision will be. 

     ▪Scrima Fence/Stable Waste Dumping:  Jack has not been able to get to letter but will soon. 

     ▪ZHA Logo:  Ideas were submitted for board review and these ideas will be sent out in fall newsletter for members review as well. 

Mercier “No Trespassing” signs have not been removed.  Letters were sent to the Merciers concerning their removal and the ZHA received a reply letter stating they did not have to remove these signs and to address this issue through the ZHA attorney to their attorney. Erich has written this letter and a copy was included in the board packets. Jack stated he had found two more signs in the Upper Lake area on private property which he will contact the property owner to have them removed.  Jack stated that the board had made an exception to this for property owners who have property bordering any greenbelt to post “No Trespassing” signs along this border to warn individuals that they are entering private property.

New Business  

     ▪Margaret Chain Letter:  Request was received from Margaret Manson Chain to be released from late/lien fees and have liens removed.  She has to date paid $350 of the $805 assessed in January. Erin expressed she would like to negotiate with Ms. Chain on this issue so that everyone will win.   

Erin Smith moved to respond by letter to waive late/lien fees if she pays the remaining balance on her account by December 31, 2010 and have her pay the $12 for the original filing and lien release fees.  If she does not pay the balance by December 31, 2010, then the late/lien fees will be re-instated.  Jim Jones seconded and the vote was unanimous. 

Erin also suggested that when the 2011 dues billings are sent out next January, to outline Policy #009.02 for property owners information. 

     ▪2011 Budget:  Jack stated that he had done some more cuts to the initial committee budgets totaling $21,000 but there is at this point still a $30,000 shortfall between projected revenues and expenses. 

Wayne Ross expressed that perhaps the Fees & Budget Committee and the Board should look at different fee structuring where homeowners are assessed higher fees because they are benefiting the most from the amenities offered than the vacant land owners.  Other fee structure scenarios were discussed with a decision being made to work with Fees & Budget over the next months to present at the Annual Meeting a new dues fee structure that is fair and equitable to all property owners.  The ultimate decision will be with the Board of Directors.

Board member Jerry Grandey entered meeting at this time. 

Jack asked if board members decision would be to raise dues and then fit expenditures into that budget to which Jerry responded that he thought the board should decide on expenditures required and then make income fit. 

Jerry suggested raising dues and then see what it does to the bottom line, and then what expenditures will need to be cut and what the minimum would be to get by for 2011.  Much discussion followed in how best to handle the monetary needs of the subdivision and maintain a 10% reserve as mandated by policy. 

Jerry Grandey moved to raise the 2011 dues to $155 per lot and $310 per consolidated lot of 3 or more acres and to accept the committee budgeted amount as outlined in the column “Board 2011 Budget.” Jim Jones seconded with Jerry Grandey, Jim Jones, Joe Funk, Jack Zeman and John Clark by proxy voting for and Erin Smith voting against.  Motion carried. 

Cindy will update the 2011 budget matrix to have it ready to send to the printer on Monday along with the Fall Newsletter. 

Fire:   

     ▪Most Current Information on Firehouse Planning:  Planning and evaluation has been completed and next step will be preparation of space required but confirmation is needed.  Because this is a small project, CR just wants to confirm that questionnaire needs is really what is wanted.  One more step will be needed to meet with ZHA, Fire District and Architects to confirm what is really needed.  Jerry was to meet with the architects at the Newcastle Firehouse to look at features of this structure for a feeling of different kinds of finish materials but was unable to make that appointment so this will be done in the near future. There is also another firehouse in Montrose that Jerry will be taking a look at.  Jerry will be sending photos of the Tract E site soon to the architects.  In order for this process to continue moving forward, Jerry would like the following: 1) to continue further with these architects; 2) approve optional additional services #1 which will include a site visit, and; 3) approve optional additional services #2 contingent on the first optional additional services #1 being completed.  Each of these two options will total $5000 each for a total of $10,000.   

     ▪Request to Continue Further with CR architect+design: #1 and #2 Options requested now @ $5000/each.  Jerry outlined what would be expected during these two options. 

Jerry Grandey moved to continue on with CR architect+design with Optional Additional Services #1 and upon successfully completing #1 be approved to continue on with Optional Additional Services #2 at a cost of $5000 for each option for a total of $10,000.  Joe seconded and the motion carried unanimously. 

Jack or Jerry were unable to attend last ACFPD meeting but will plan to attend the November meeting to update them on the ZHA progress on building a firehouse. 
 

ACTION ITEMS 

20 Minute Open Forum: 

Erin:  Her septic system only required repair and did not need to be replaced. 

Adjournment:  The next regular board meeting of the Zapata Homeowners Association will be held on Friday, November 19, 2010 at 5:30 PM at the Mosca Community Building. 
 
 
 

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Joe Funk, Secretary