Bent Tree Property Owners’ Association

Board of Directors Meeting Minutes

October 9, 2006 – Monument Sanitation District Office, 130 2^nd St. Monument

Attendees:  Board Members:  Gail Bates, Duane Fitch, John Heiser, and Bill McDonnell

Others:  Bruce Bates, Steve Fuhrmann, Deborah Radke, and John Stahl.

Meeting was called to order at 7:07 pm. BTPOA President Duane Fitch presided. The draft agenda distributed by e-mail October 2, 2006 was reviewed, revised to include discussion of the status of the Bylaws and the Rules and Regulations. A motion by John to approve the revised agenda was seconded by Bill and unanimously approved.

1)        Review and approval of minutes

a)      The minutes of the August 13, 2006 Board Meeting as distributed by e-mail September 17, 2006 were unanimously approved without any changes. The motion was made by Gail Bates and seconded by John Heiser.

b)      The minutes of the August 20, 2006 Board Meeting as distributed by e-mail September 17, 2006 were unanimously approved without any changes. The motion was made by John Heiser and seconded by Gail Bates.

c)      The minutes of the September 14, 2006 Annual Meeting as distributed by e-mail September 26, 2006 were unanimously approved without any changes. The motion was made by John Heiser and seconded by Bill McDonnell. They will be distributed for approval by the membership at the next membership meeting.

d)      The minutes of the September 14 (& 17), 2006 Board Meeting as distributed by e-mail October 2, 2006 were unanimously approved without any changes. The motion was made by John Heiser and seconded by Bill McDonnell.

2)        Review action items from minutes of previous board meetings:

a)      August 13^th, 2006 Action Items:

                                                   i.      Action for John Heiser to contact management companies to solicit information regarding their ability and costs associated with supporting BTPOA covenant enforcement.  Awaiting direction from the CCC as to their needs.

                                                 ii.      Action for John Heiser to incorporate revisions from August 13th meeting into R&R’s to be reviewed at next BOD meeting.  Completed.

b)      August 20^th, 2006, Action Items:

                                                   i.      Announcement letter to be drafted by John Heiser. Completed

                                                 ii.      John Heiser to obtain hard copy of Treasurer’s Report by COB Tuesday, 8/22/06, for BOD review prior to enclosing in property owner’s meeting materials. Completed

                                                iii.      John Heiser to contact Claude Todaro for copy of financial review he completed of the BTPOA budget. Completed

                                               iv.      John Heiser to provide Executive Summary of Changes to Rules and Regulations to BOD for review prior to enclosing in property owner’s meeting materials. Completed

                                                 v.      John Heiser to provide single-sided copy of meeting materials for mailing to Debbi Maser by Wednesday, 8/23/06, for mailing on or about 8/25/06. Completed

                                               vi.      John Heiser to determine if needed, and if so, get projector for annual meeting. Completed.

c)      September 14th and 17th, 2006, Action Items:

(a)    Bill McDonnell should be added to Wells Fargo accounts.  All other names should be deleted.  Completed

(b)    Bill McDonnell to obtain bids from CPA firms for contacting an insured CPA to audit the BTPOA financial books. Continuing. The lowest bid so far is $1,500.

(c)    BOD liaisons (listed below) to contact committee volunteers, select a committee chairperson for each committee, and define and document the process that would be implemented by the committee. Specific action for the CCC to review pending CCC violation letters and send out notices to violators. See 5 below.

(d)    Duane to write a letter to Dean Hawk.  Completed

(e)    Debbi Maser to replace Kathy Decker as the Bent Tree “registered agent.” Pending

3)        ACC Report

a)      Bruce Bates reported that the ACC has acted on requests for approval of some fences, a deck, and a stucco change. He stressed the need for applicants to use the forms posted at www.btpoa.org.

b)      Bruce added that major landscaping work needs prior ACC approval because it involves construction and changes the look of the area.

c)      Resident Deborah Radke suggested there should be some minimal requirements for landscaping of houses.

d)      Bruce said the ACC is planning to develop Rules and Regulations governing its operations.

4)        Treasurer’s Report

a)      Bill distributed copies of the Wells Fargo bank statement dated September 21, 2006 for the working account and a report showing checks written and deposits made during 2006. He noted that the total cash balance for all accounts is $84,752 including $22,963 in the working account.

b)      A motion was unanimously approved that excess funds in the working account should be transferred to an interest bearing account.

5)        Committee Reports

(a)    BEAUTIFICAL AND TRAILS:  BOD Liaison - Gail Bates. John Stahl reported he has contacted the volunteers who signed up at the Annual Meeting and will be holding a meeting soon. He noted that the trails and entrances need work and said he has contacted some landscaping companies to obtain bids.

(b)    COVENANT COMPLIANCE:  BOD Liaison – Gail Bates. Gail said that Jim Maser, who heads the CCC, is currently out of town. Gail noted that the letter to Jack and Claudia Thomas regarding the bonfire on lot 2 elicited a response. Gail agreed to work with Jim Maser on issuing a notice that a hearing on the matter will be held at the next board meeting.

(c)    ENGINEERING:  BOD Liaison – John Heiser. John said he contacted Jerry Lopez. Jerry reported that he had conducted his annual survey of the detention ponds and found no major work required.

(d)    FOREST MANAGEMENT:  BOD Liaison – Bill McDonnell. Bill said he contacted John Anderson who told him that no new beetle outbreaks have been reported. The spread of mistletoe remains a problem.

(e)    NEIGHBORHOOD WATCH:  BOD Liaison – Bill McDonnell. Bill noted that a few additional neighborhood watch signs are needed. He suggested that a notice be put in the newsletter see who is interested in helping with neighborhood watch and to gauge interest in holding a neighborhood watch meeting.

(f)     NEWSLETTER/DIRECTORY:  BOD Liaison – Debbi Maser. In Debbi’s absence, board members noted that articles for the next issue should be turned in as soon as possible. The short-term goal is to mail an issue that includes the Annual Meeting minutes.

(g)    WATER AUGMENTATION:  BOD Liaison – John Heiser. John reported that Jerry Lopez is contacting each of the metered houses to get readings and will be preparing the annual water augmentation report this month. John added that attorney Steve Lebel stressed the importance of bringing over-consumers into compliance. The risk is that the State Engineers’ office could impose sanctions against all of Bent Tree. Those sanctions could include requiring installation of meters on every house. The board needs to plan what it intends to do to in the way of fines and other action to achieve compliance with the water allocations.

(h)    WELCOMING:  BOD Liaison – John Heiser. John reported Bob Hostetler told him the committee consisting of several volunteers met and will begin contacting new residents.

6)        Future Board Meeting Schedule – The next board meeting will be held on November 13, the second Monday in November, at 7 pm, in the Monument Sanitation District board room, 130 Second Street, Monument.

7)        Any other business

a)      Recording of the Bylaws – A motion by Bill McDonnell for John Heiser to contact Steve Lebel for a legal opinion as to the pros and cons of recording the Bylaws. The motion was seconded by Gail Bates and passed with Bill, Gail, and John voting in favor and Duane voting against.

b)      Revisions to the Rules and Regulation – Board members were urged to develop a list of changes needed to the Rules and Regulations. Duane said proposed changes should be circulated to the board members at least a week before the next meeting.

8)      Resident remarks, if any, on topics not on the agenda

a)      Steve Fuhrmann noted that some residents do not want their contact information included in the directory and he is making provision for that. In connection with that, he plans to develop a privacy statement for posting on the web site and inclusion in the newsletter. Steve also said he is working on a way to handle the e-mail notification list through the web site so people can add or remove their e-mail address.

b)      Deborah Radke said she thinks the fine levels in the Rules and Regulation are too high and may stop a potential buyer from buying property in Bent Tree. Duane Fitch responded that the fines are a last resort after other efforts to achieve compliance have failed. He added that he is thinking that the hearing board should include many residents, not just the board members.

9)      Summary of Action Items:

a)      Bill McDonnell to obtain bids from CPA firms for contacting an insured CPA to audit the BTPOA financial books.

b)      Debbi Maser to replace Kathy Decker as the Bent Tree “registered agent.”

c)      John Heiser to contact Steve Lebel to obtain a legal opinion regarding recording the Bylaws.

d)      Bill McDonnell to transfer excess funds in the working account to an interest bearing account.

e)      Gail Bates to work with Jim Maser on issuing a notice that a hearing on the Lot 2 bonfire will be held at the next board meeting.

f)        Board members to develop a list of changes needed to the Rules and Regulations and circulate proposed changes to board members at least a week before the next meeting.

g)      Steve Fuhrmann to develop a privacy statement and a way to handle the e-mail notification list through the web site so people can add or remove their e-mail address.

Meeting adjourned at 9:25 p.m.

Minutes prepared by John Heiser, BTPOA Vice President, 11/5/06