Bent Tree Property Owners’ Association, Inc.

P.O. Box 2631

Monument, Colorado 80132-2631


2010 Annual Meeting Minutes

Thursday, September 16, 2010


1) Determination of Quorum

Approximately 60 lots represented – quorum met.


2) Call to Order, Introductions

Introductions completed.


3) Conduct of the Meeting

John Heiser reviewed conduct and Robert’s Rules and informed everyone that the meeting would be kept informal but if things got heated we would revert to Robert’s Rules.


4) Motions to approve the agenda and accept the election officials

A motion Mark Wester to approve the agenda was seconded by Keith Limbird and unanimously approved.


5) Review/Approve September 17, 2009 Annual Meeting Minutes and Notes from

 the February 18, 2010 Budget non-meeting

Motion by Duane Fitch to approve September 17, 2009 Annual Meeting Minutes, seconded by Ron Restanio. All approved.


Motion by Duane Fitch to approve notes on the February 18, 2010 Budget non-meeting, seconded by Wayne Claybaugh All approved.


6) ACC Report

Mark Wester gave overview of the things they do and the things they don’t do. Mark reviewed the two forms used by the ACC and purpose/use of each form. The ACC is trying to automate and move to an online process. If a homeowner’s project is large, a note goes out to adjacent lots so they can be aware of project. Mark reiterated that on parking issues the ACC could consult with the homeowner and work with them on the most effective method for addressing the issue so covenant compliance can be met. Mark mentioned that in most cases the parking issue could be addressed with minimal effort and cost to the homeowner. Mark reminded everyone about fire danger and addressed property owners thinning trees. Mark asked that everyone read election sign covenant since election time is approaching. ACC is working on standard approvals for things like resurfacing driveways and coming up with a pallet of colors that are standard and if a homeowner picks a color from that pallet it is a standard approval.


7) ACC Election

Fill one 3-year position currently vacant as a result of Patrice Stevens’ resignation. The new term ends at the 2013 Annual Meeting.


Pedro Canellas was nominated to fill position vacated by Patrice Stevens. Motion to approve by Keith Limbird seconded by Bill Dunston. All approved.


8) Board of Directors Election to Fill Vacancies

Fill two 3-year positions currently occupied by Wayne Claybaugh (appointed by the board) and Duane Fitch. The terms of these positions end at the 2013 Annual Meeting. Fill one 3-year position currently occupied by Jane King (appointed by the board). The term of this position ends at the 2012 Annual Meeting.


Wayne Claybaugh said he is willing to continue in his Board position.

Motion by Pedro Canellas to approve, seconded by Keith Limbird. All Approved.


Duane Fitch said he is willing to continue in his Board position. Motion by Wayne Claybaugh to approve, seconded by Ron Restanio. All approved.


Jane King said she is willing to continue in her Board position. Motion to approve by Steve Fuhrmann, seconded by Keith Limbird. All approved.


9) Water Committee Report

Jerry Lopez reviewed that the State Eng. Office has guides for us to use in report filing. When you receive a yellow card about water usage – that must be returned and it is a legal requirement to file the report accurately. In some instances, homeowners will need to provide a map. Jerry offered to come out and help with measurement if needed. The allowable irrigated area is a maximum of 2000 square feet per lot. The amount of water to the Front Range is decreasing and there is not a lot of wiggle room and what was is being removed. This translates to higher costs for the BTPOA since water is purchased through Great Divide Water Company. One of the wells is 27 years old and the other one is 32 years old. Bent Tree buys around 54% of all the water in these two wells.


10) Forest management update

Larry Stevens has been working on this for the past year. The Forest Service came in last year and this process was skipped in 2010 but they will be back in 2011. The Forest Service checks lots and trees for disease and homeowners need to give approval to have their lot accessed in order to have this check done. The main concern is beetle kill but they will also make note of mistletoe issues. The Board receives a report and tries to work with property owners on removing beetle kill. The Bent Tree position on mistletoe is that it is a forest health issue, it does spread, and it is subject to management. A tree does not have to come down if it has mistletoe.


11) Financial Report

John Heiser reviewed BTPOA financial statements and CD rates. Question was brought up about mowing the fronts of properties to give a neat appearance and can the money left in the beautification budget be used for this. A motion was made by Keith Limbird. to proceed with finding someone to mow and use remaining funds; this was seconded by Ron Restanio. All approved.


Several were disgruntled about the fees we are paying Red Oak, the tone of the letters, the lack of respect in the letters and on the phone and advised us to fire Red Oak.


12) Vehicle Parking Variance Procedure Announcement

John Heiser reviewed the Rules & Regulations and explained those versus covenants. On July 20, 2010, the window closed on changing Bent Tree I & II covenants by a simple majority. At this point, to change any covenants would require 2/3 of the property owners to return affirmative votes. A motion was made by Mike Mastrodonato and seconded by Herb Wetzel to have the Board spend up to several thousand dollars to hire an attorney to conduct a mail ballot of the following change to the vehicle parking section of the covenants: Allow a maximum of two registered, operational vehicles in plain view. No on-street parking. In a show of hands, approximately 30 voted in favor and 12 voted against the motion. Motion passed.


13) Schedule


Annual Budget Meeting Date: Thursday, Feb. 17, 6:30 p.m. (“on or about

 Feb. 15th”)


Board Meetings: Second Monday of each month, 7 pm, Monument Sanitation

District board room, 130 Second Street, Monument.


14) Any Other Business



15) Adjourn


16) A brief board meeting will held following the annual meeting

All items were postponed to the next regular Board meeting October 11, 2010.


17) Education about Bent Tree for those interested – John Heiser

No takers.


Submitted by Jane King, BTPOA Secretary, October 2, 2010.

Approved by the BTPOA Budget Meeting on February 17, 2011.