Board Meeting Minutes

PAGOSA LAKES PROPERTY OWNERS ASSOCIATION, INC.
Regular Board Of Directors Meeting
Thursday, March 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
Pat Payne - Secretary
Fred Uehling - Treasurer
Bill Nobles - Director
Gerald Smith - Director
Fred Ebeling - Director
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:

• Adding to Committee Reports, Bill Ralston with a report on the Road Committee.
• Adding an item v. to New Business, “Potential Listing of a Lot”.
• Adding an item vi. to New Business, “General Discussion of Past Due Accounts on Properties”.

• A motion was made by Director Nobles to approve the agenda as amended. Motion was seconded by Director Ebeling. Motion carried unanimously.
• Minutes of the February 10, 2005 Regular Board Meeting– A corrected first page was provided to the Board members. A motion was made by Director Ebeling to approve the minutes as corrected, and seconded by Director Payne. Motion carried unanimously.

GENERAL MANAGER’S REPORT

• The Sheriff’s Department Animal Control statistics for the month of February show 2 reports taken, 5 dogs impounded, 0 cats impounded, 0 cruelty cases, 6 dogs returned to owners, 21 verbal warnings issued, 5 written warnings given, 15 miscellaneous citizen contacts made, 1 summons issued, 51 calls from dispatch to the animal control officer for service.

• We were previously informed that the Pagosa Springs Postmaster, Mr. Jim Fait, would not be able to attend the meeting tonight.
• Since Mr. Fait is in attendance, Director Nobles made a motion to amend the Agenda further to allow Mr. Fait to speak. Motion seconded by Director Ebeling. Motion carried unanimously. This item is added to New Business as Item vii.

• The joint work Session between the Archuleta County Board of County Commissioners and the Board of Directors of the Pagosa Lakes POA, previously scheduled for March 8 th, has been cancelled due to scheduling problems of our Board members. We are awaiting a list of potential dates from the Board of County Commissioners. When those dates are received, the Board members will be contacted for a possible reschedule date.

• Information regarding the ongoing Watershed Survey is being installed on the Pagosa Lakes POA website. This is a vital study affecting the entire Stollsteimer drainage area. The web site will contain a questionnaire for those owning property within the survey area. The questionnaire will be interactive allowing respondents to reply directly through the site.

• General Manager Lukasik will not be at the April Board Meeting as he will be attending a workshop of the Community Managers International Association in Hot Springs Village, AR. Don Arries will give the General Manager’s report.

PUBLIC COMMENTS

• There were no public comments at this time .

TREASURER’S REPORT

The February 2005 financial documents have been reviewed. No discrepancies or irregularities were noted. As noted in the General Manager’s report, the Association has received $499,000, or 49.5% of the total billed assessments through February 28, 2005. Collections are now 3.6 % ahead compared to the same period in 2004.

COMMITTEE REPORTS

• Recreation Center Committee – No meeting held since last Board report.
• Lakes, Fisheries & Parks Committee – No meeting held since last Board meeting.
• Ad Hoc Lake Study Committee–Minutes included.
• ECC agendas and minutes are included in the DCC report for your information. ECC board liaison Earl Eliason’s report is included.
• Road Committee – Road Committee Chairman Bill Ralston gave a synopsis of the Archuleta County Commissioners meeting regarding the road issue. During that meeting, the County attorney gave a briefing concerning the legalities of the two classifications of roads in Archuleta County. Roads classified as Primary receive HUTF from the state, are maintained to state standards, and have been formally accepted for maintenance by the County Commissioners. Roads classified as Secondary, or public, are not maintained and do not qualify for HUTF. The County is now trying to legally determine what roads are county roads and what roads are public roads. Director Ebeling noted that the cost to form a Metro district could run between $15,000 to $20,000.

OLD BUSINESS

• Agreement Concerning Use of Village Lake – General Manager Lukasik informed the board of the advice received during conversation on February 22, 2005 with counsel Elina Hindley and Accordia West insurance agent Don Whitehead. General Manager Lukasik had sent them photos and maps of the buoy line for their review. There were two possible solutions arrived at:

• If the individual property owners in the affected area unanimously accepted the previously offered release and waiver which would then be recorded on each property, the buoy line may be moved to the narrowest part of the lake. In addition, Pagosa Lakes POA must negotiate with the golf course to have us named as an additional insured to their liability insurance; and have additional signage placed near the golf course tee box informing the individual golfer of liability should an injury occur. Additionally, signage would have to be added to the shoreline, with language designed by counsel and approved by our insurance agent.

• The buoy line would stay where it was previously installed last year. Also, the additional insured requirement be put in place, as well as the noted liability signage. Additionally, more signage is to be added to the area shoreline, especially to the golf course and timeshare side noting the hazard area, and statements to the effect that no boating is allowed in the area. Also articles should be posted in the Association newsletter, on the website, in the fishing brochures, and in the local newspaper informing property owners and the public of the area, the purpose of the buoy line, and the need to avoid the area. The articles should conclude with language to the effect that “we have advised you not to use that portion of the lake, etc”. The language would be designed by counsel and reviewed by our insurance agent.
  
  General Manager Lukasik suggested that a copy of the original release & waiver be mailed to each of the affected property owners, as well as a summary of the two choices, with a 30-day period for their response.

• Copy of Senate Bill 05-100 – The bill has passed the Senate and is now in the House. General Manager Lukasik has been in communication with Representative Larsen and Senator Isgar. A copy of the Bill can be found on Orten & Hindman’s website, and on the state’s website as well.

RECURRING BUSINESS

• Property Owner Involvement and Input Initiative -A copy of the survey for the “Property Owners Involvement and Input Initiative” will be printed in the Spring 2005 Newsletter.

NEW BUSINESS

• Proposal for additional leased space to Colorado State Patrol. Director Ebeling made a motion to approve the additional leased space for the Colorado State Patrol and keep the lease fee at $1.00. Motion seconded by Director Smith. Motion carried unanimously.
• Proposal to utilize the law firm of Cavanagh, Richmond, and Holmes. General Manager Lukasik explained the advantages to using the law firm of Cavanagh, Richmond, and Holmes, in addition to Orten & Hindman. The new firm has lower fees in most respects, and Attorney Lauren Holmes is more familiar with our Association. Director Ebeling made a motion to allow the use of the new law firm in addition to Orten & Hindman, based on the General Manager’s judgment. Director Payne seconded the motion. Motion carried unanimously.
• Multiple Use Agreement between PAWSD and Pagosa Lakes POA concerning lake usage and maintenance. DPE Manager Lynch is requesting that the Board accept the agreement subject to PAWSD acceptance. Director Smith made a motion to accept the agreement, with the President’s signature. Director Nobles seconded the motion. Motion carried unanimously.
• Affirmation of 3 DCC unprotested fines . Director Smith made a few comments directed towards audience members Joseph Marion, and Rich and Joyce Beaudry regarding the list of unprotested fines. He stated that in the list of unprotested fines that were going to be acted upon momentarily, were three of the tow trucks, excepting only the one that has the one-year hardship variance. Director Smith explained that “The ECC Committee may allow reasonable variances and adjustments in restrictions in order to overcome practical difficulties and prevent unnecessary hardships”. Directors Bohl, Ebeling and Smith went before the ECC, who makes the rulings on these issues, and put forward the Property Owners points of view relative to commercial vehicles and tow trucks. The ECC Committee responded with two points: 1. We hear you. 2. Please ask any property owners with questions, comments, or inputs to give us relative to granting such variances to come and see us and talk to us. Director Smith made a motion to affirm the three DCC unprotested fines. Director Uehling seconded the motion. Motion carried unanimously.
• Pagosa Springs Postmaster Jim Fait. He would like to meet with the Association regarding the changing policies in this postal district, and potential cluster box units for the Association. The previous request from the Postmaster to move the cluster boxes from Sweetwater to Capitan has been rescinded. The Board suggested Mr. Fait schedule his meeting with the General Manager.
• Potential listing of a lot. Director Smith made a motion to allow listing and sale of a lot (31 Gala) that is owned by the Association, subject to taxes due being paid upon settlement of the property. Director Nobles seconded the motion. Motion carried unanimously.
• Discussion of past due accounts on properties. General Manager Lukasik explained the current process of collecting past due accounts, and wanted to keep the Board aware of the fact that a few more may be sent to the attorney for collection due to the fact that more properties are becoming current with their county taxes, but remain delinquent with the Association.

CORRESPONDENCE

• The Rec. Center and Staff received a glowing letter of appreciation from a property owner.

ADJOURNMENT

There being no further business, the meeting was adjourned at 8:27 P.M.

Respectfully Submitted,