Board Meeting Minutes

PAGOSA LAKES PROPERTY OWNERS ASSOCIATION, INC.
Regular Board Of Directors Meeting
Thursday, February 10 , 2005
MINUTES

President Bohl called the regular monthly meeting of the Pagosa Lakes Property Owners Association Board of Directors to order at 7:00 P.M. in the Pagosa Lakes Community Center, 230 Port Avenue, Pagosa Springs, Colorado.

Board & Staff Members Present
David Bohl - President
Hugh Bundy - Vice President, absent and excused
Fred Uehling - Treasurer
Pat Payne - Secretary
Bill Nobles - Director, absent and excused
Gerald Smith - Director
Fred Ebeling - Director, absent and excused
Walt Lukasik - General Manager
Gloria Petsch- Recording Secretary
DPE Manager, Larry Lynch

APPROVAL OF AGENDA & MINUTES

Agenda-General Manager Lukasik requested that several items be added to the agenda, due to information being received after the Board packets were distributed on Friday:

• Adding an item A to Old Business, discussion of “Agreement Concerning Use of Village Lake”
• Adding updated information to Recurring Business, “Property Owners Initiative - Owner’s Questionnaire”.
• Adding an item D to New Business, “Proposal From the Post Office”.
  
• A motion was made by Director Smith to approve the agenda as amended. Motion was seconded by Director Payne. Motion carried unanimously.
  
• Minutes of the January 13, 2005 Regular Board Meeting, and Minutes of the January 28, 2005 Special Board Meeting– A motion was made by Director Payne to approve both sets of minutes as written, and seconded by Director Smith. Motion carried unanimously.

GENERAL MANAGER’S REPORT

• The Sheriff’s Department Animal Control statistics for the month of January show 0 reports taken, 10 dogs impounded, 0 cats impounded, 0 cruelty cases, 11 dogs returned to owners, 10 verbal warnings issued, 3 written warnings given, 35 miscellaneous citizen contacts made, 0 summons issued, 49 calls from dispatch to the animal control officer for service.

The Animal Control contract for 2005 has been signed and entered into by all parties.

• Owners Initiative – This item will be discussed under Recurring Business.

• Agreement Concerning Use Of Village Lake – Information received since the General Manger’s report was written, will be gone into this evening.

• All articles for the Spring 2005 Association Newsletter are due immediately.

• Postal Boxes – In my January report to the Board I stated I had sent a letter to the local Postmaster clarifying the position of the Association as to the placement of individual mail boxes (A copy of that letter was included in the January Board packet). My letter asked questions as to the clarification of the issues so that property owners can be informed of approved processes enabling them to place individual mailboxes for reception of mail. A new Postmaster has been appointed for Colorado and Wyoming. It is the understanding of the Pagosa Springs Post Office that the new Postmaster will allow property owners to install their own cluster boxes and that mail delivery would be made to those boxes. In order to help clear up misunderstandings and direction for property owners, the local Postmaster, Mr. Jim Fait, has stated he would attend an Association Board meeting where he could present parameters for mail delivery. We have tentatively scheduled the Board meeting of March 10 th for his presentation. I will keep the Board informed when the date is confirmed.

• I have recently attended several meetings of the Board of County Commissioners of Archuleta County. The BCC has discussed the possibility of having a work session with the Association Board of Directors to discuss several items of mutual interest to both organizations. Some topics discussed include our continuing of dog licensing to assist in the Animal Control process and the clearing of snow from fire hydrant areas and other items of mutual concern. Since the current Boards of both organizations have not met since the change in County Commissioners I informed the BCC that I would present our Board with the proposal for a meeting. Would our Board agree to such a meeting? Emails will be sent out to try to schedule meetings with the commissioners.

• Accountant Mike Branch has completed the audit process for the Association’s 2004-year end. Copies of the audited report are included for your review. Please note his favorable comments as to the general ledger, internal controls, financial condition and collection efforts. Treasurer Uehling discovered a mathematical error and a typo in the audit. Mr. Branch’s office will be supplying corrected reports.

PUBLIC COMMENTS

• Mr. Joseph Marion, of 43 Bonanza Avenue, expressed his and his neighbors concern regarding the number of commercial vehicles, specifically wreckers that are allowed to park at residences in the Vista area. He is concerned about precedents being set regarding this issue. President Bohl responded that we are waiting to see if a proposed Senate bill passes that is currently in the Colorado legislature, and how they will classify first responders and vehicles. General Manager Lukasik stated that he would have to research each individual instance to see how the variances were granted. He stated that if an owner applies for a variance the issuance of a variance falls upon the ECC. If a hardship can be proven, under the Declarations the ECC can grant a variance. If a property is rented, the owner can apply for the variance on behalf of the renter. Director Smith took objection to any process that allows the establishment of commercial businesses in residential areas, variance or no. General Manager Lukasik suggested setting up a joint work session with the ECC, because variances have been given in various subdivisions for commercial vehicles.

TREASURER’S REPORT

The January 2005 financial documents have been reviewed. No discrepancies for irregularities were noted. The Association has received $307,000, or 30.5% of the total $1,008,000 2005 billed assessments through January 31, 2005. Collections are now 2.0% ahead compared to the same period in 2004. A one-year CD maturing on January 12, 2006, in the amount of $97,000 paying 2.9%, was purchased in the restricted reserve account. This takes the place of the Morgan Stanley CD that was cashed on Dec. 13. The balance of the money to purchase a CD in the amount of $100,000 came from the restricted reserve money market account.

COMMITTEE REPORTS

• Recreation Center Committee – No meeting held since last Board report.
• Lakes, Fisheries & Parks Committee – The Committee presented the basics of a proposal to convert Lake Hatcher into a Trophy fishing lake.
  Michael Piper, Chairman of the Lakes, Fisheries & Parks Committee, spoke about the pros and cons of this conversion. He and the committee will start putting together a questionnaire to be distributed to the property owners to gain public input. At this point, he believes that the costs would be a wash; that the current funds would just need to be redistributed. He also stated that an increase in the enforcement aspect of the Conservation Officers time needs to be addressed regardless of what happens on the trophy fishing lake issue, as better enforcement needs to be addressed.
• Ad Hoc Lake Study Committee – No meeting held since last Board meeting.
• ECC agendas and minutes are included in the DCC report for your information. ECC board liaison Earl Eliason’s report is included.

OLD BUSINESS

• Agreement Concerning Use of Village Lake – John Hoehnof 140 Peninsula Place, presented the board with3 alternatives proposed by the property owners that are affected by the sight of the buoy line. Since they cannot get a consensus of the owners to sign a recordable instrument, several homeowners in the area said they would like the line removed and replaced with 2 small unobtrusive buoys with wording to the effect, “Hazardous Area -Enter at your own risk”. They would also like small, visible signs posted around the lake notifying everyone that this is a hazardous area. Director Smith explained that the purpose of the buoy line is not only to demarcate a hazardous area, but to protect the Association from litigation in the event of injury. Doug Berkhold of 924 Monument, requested that the buoy line be removed, and that he and other property owners be allowed to fish there on their own recognizance. President Bohl explained the liability factors involved with removal of the buoy line. It was also explained to Mr. Berkhold that the property lines extend into the lakes to an extant, and in some cases the property owners survey lines extend into the water. Walking along the shoreline may actually be trespassing onto certain properties. The lake surveys being conducted will hopefully address the property line issues. The buoy line issue was tabled pending input from the Associations attorney and insurance agent.

RECURRING BUSINESS

• Property Owner Involvement and Input Initiative - Director Smith requested that examples of problems be included in the questionnaire. He also asked that there be clarification, in regards to the difficulty of describing differences of opinion about the issues. He further requested that the lead paragraph site examples where the Declarations are now outside of legislation and that these are some of the issues that the Association is now facing. The Board requested these changes, subject to space requirements in the newsletter.

NEW BUSINESS

• Resolution Regarding the Sale of the Parcel known as 3G – A Resolution authorizing the Board President to sign all documentation regarding the sale on behalf of the Association. Director Smith moved to approve the Resolution. Director Uehling seconded the motion. Motion carried unanimously.
• Discussion of Submitted Colorado Senate Bill 05-100 – “ A Bill for an Act Concerning Increased Protection for Homeowners”, and accompanying news articles. Director Smith made a motion that the Board make known its opposition to the Bill. Motion died due to lack of a second.
• Affirmation of 2 DCC unprotested fines . Case #94-609 went before the appeals Panel, and was resolved. Director Payne moved to affirm the remaining fine. Director Smith seconded the motion. Motion carried unanimously.
• Proposal From the Post Office – The local Post Office has requested the Associations help, in moving and reinstalling a set of cluster boxes. Discussion was tabled until such time as the local Postmaster attends the Board meeting in March. Director Uehling moved that discussion be tabled until the March Board meeting. Director Smith seconded the motion. Motion carried unanimously.

CORRESPONDENCE

• Anonymous editorial cartoon mailed to the Association regarding roads, which the Association has no jurisdiction over.

ADJOURNMENT

There being no further business, the meeting was adjourned at 8:37 P.M.

Respectfully Submitted,

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