Property Owners’ Association
Board of Directors’ Meeting Minutes January 11, 2011
Monument Sanitation District Office, 130 2nd St., Monument
Commence Meeting at 6 p.m.
Directors John Heiser, Wayne Claybaugh and Jane King were present
Committee Chair’s present Jerry Lopez
Meeting called to order at 6:02 pm
1) Approval of the agenda – motion made by Jane King to approve agenda, seconded by Wayne Claybaugh, all in favor.
2) Resident remarks, if any, on topics not on the agenda
A homeowner had questions on water usage and metering. After some discussion the main issue seemed to be when would a meter be needed and that is when the square footage is over 2,000 square feet.
3) Excuse absences, if any – motion made by Wayne Claybaugh to excuse Mike Mastrodonato and Duane Fitch, seconded by Jane King, all in favor.
4) Review/approve April 12, 2010 and December 30, 2010 board meeting minutes, if available – motion made by Wayne Claybaugh to approve December 30, 2010 minutes, seconded by John Heiser, all in favor. Jane King will update minutes from draft form, add date Board approved minutes and send to Board and to Steve Fuhrmann for web posting. John Heiser still has action item to find or recreate April 12, 2010 minutes.
5) Review/approve hearing summary letters (0)
6) Rule regarding holding hearings in executive session – After discussion amongst Board members and getting homeowner input from someone there for a parking hearing, it was determined that each homeowner present for any type of hearing would be told that hearings are held in open session but if they felt more comfortable having their hearing in executive session then they would have that option. A motion was made by Wayne Claybaugh to modify the Rules and Regulations to reflect this information; it was seconded by Jane King, all in favor.
7) Hearings (4 water) and plans for hearings – There was one parking hearing (which was unknown to the Board due to lack of communication about the hearing from Red Oak to the Board) and four water hearings. The homeowner for the parking hearing was present. All four homeowner’s for the water hearings did not attend with some homeowner’s providing the necessary information prior to the meeting and others failing to provide the needed information. Jerry Lopez was present and provided any information he had as Water Augmentation chair.
8) ACC Report, if any - NONE
9) Committee Reports, if any
a) Beautification, Trails & Roads: BOD Liaison – Duane Fitch – John Stahl, Chair – No Update.
b) Communications, Directory & Web Site: BOD Liaison – Wayne Claybaugh – Steve Fuhrmann, Chair – more Google Docs space is needed and John Heiser will work with Steve Fuhrmann to make sure the additional space is purchased.
c) Covenant Compliance: Liaison - Duane Fitch – Open, Chair
d) Engineering & Water Augmentation: BOD Liaison – John Heiser – Jerry Lopez, Chair – No additional update besides hearings conducted.
e) Forest Management: BOD Liaison – Wayne Claybaugh - Larry Stevens, Chair – Wayne spoke with Larry Stevens and he is willing to be chair.
f) Neighborhood Watch & Welcoming: BOD Liaison – Wayne Claybaugh – Wayne Claybaugh, Chair – Elly Hostetler picked up some new bird houses and will be reimbursed for the cost and Wayne has a supply for meeting and welcoming new homeowners to Bent Tree.
10) Treasurer’s Report
a) Balance Sheet/2010 Budget – John Heiser passed out copies for review.
b) Review/approve 2011 Budget – John Heiser passed out a copy for review and input before February 17th budget meeting. Jane King made motion to approve 2011 Budget, Wayne Claybaugh seconded, all in favor.
c) Status of 2011 assessment payments – John Heiser gave update and indicated that there are only 5 lots for 2010 & 2011 that are unpaid.
d) Review/approve Red Oak Associates’ bill – there has not been a bill submitted to the Board for payment by Red Oak Associates.
e) Great Divide – Jerry Lopez provided the Great Divide bill to John Heiser for payment. Wayne Claybaugh made motion to make payment, Jane King seconded, all in favor.
11) Status of balloting of covenant change for vehicle parking – Besides the Board, one homeowner was present and participated in the discussion about the ballot voting wording and process. The Board is in favor of the attorney’s office handling all aspects of the ballot process to include receipt of return ballots, tallying results and communication to Bent Tree homeowners about the results.
a) Review of revised wording – Someone from the Board will fill in the “Explanation of Ballot” page and provide that to the attorney’s office. The sentence regarding who to contact if you have questions will be removed. The information at the bottom of the ballot will be filled in to give a time frame (so many days) to return the ballot and where to send the ballot.
b) Schedule for balloting – All lots will receive a mailed packet that includes the DRAFT ballot information relative to which covenant their lot is in. The packets will be mailed out by the end of January. At the February 17th Budget Meeting all homeowners will be encouraged to attend so that the Board can make sure the ballot is indicative of what the homeowners want voted on. In early March the finalized voting ballots and information will be sent to all homeowners by the law firm. Homeowners will be given a certain number of days to return their ballot. One consideration is making sure that the voting process is finalized well before May, 2011 in order to allow families who have college kids coming home to make the necessary covenant changes if the ballot does not pass.
c) Additional discussion – The homeowner present wants the Board to try and change the way the ballot process works in that he does not want any non-returned ballots to count as a no. John Heiser read the covenants as they are written and legally recorded and explained that it takes a 2/3 majority of yes votes (votes in favor of the change) in order for it to pass.
The homeowner present further indicated that he is a lobbyist and he and several other homeowners are working together and will be going door to door to talk to Bent Tree homeowners. The homeowner further indicated that they would have plenty of $10 bills and would try and convince the homeowner to fill out their ballot in their presence and to then give the ballot to them for stamping and mailing. The Board brought up the fact that this could be considered buying votes or pressure tactics and that legal input would be needed because this could cause the voting process to be tainted.
12) Status of updates to the Rules and Regulations
a) Verbiage change suggested by attorney – this is on hold for now until John Heiser has a chance to research this further.
b) Changes to comply with the latest state laws – John Heiser still has action item to make these changes.
Budget meeting: Feb. 17, 6:30 pm, Woodmoor Barn
Board meetings (2nd Tuesday, 6 pm): February 8, March 15, April 12, May 10, June 14, July 12, August 9, September 13, October 11, November 8, December 11
14) Executive session on contractual matters – Board went in to executive session at 8:30 pm and came out of executive session at 9:20 pm. Red Oak contract was discussed during executive session.
15) Action on Red Oak contract – Jane King will email Janice with Red Oak to follow up on an action item Janice had related to the contract.
16) Any other business
17) Summary of action items
Jane to make date change, change from draft to final changes on December 30, 2010 minutes and will send to Steve Fuhrmann for web posting.
John Heiser will work with Steve Fuhrmann to purchase additional Google Docs space.
John Heiser will pay Great Divide bill.
John Heiser to find or recreate April 12, 2010 Board minutes.
John Heiser to work on modifying Rules & Regulations based on changes to State law.
Jane King to email Janice at Red Oak to find out where additional contract information is that Janice
needed to provide to the Board.
John Heiser to further research the verbiage changes to the Rules and Regulations that the lawyer
Wayne Claybaugh to research how Google Docs does backup of the data on their site.
Duane Fitch to order, pick up and bring food for the February 17, 2011 Budget Meeting.
18) Adjournment – motion made by Wayne Claybaugh to adjourn at 9:30 pm, seconded by John Heiser, all in favor.
Submitted by Jane King, Secretary January 12, 2011
Approved by Board January 19, 2011