Bent Tree Property Owners Association (BTPOA)

Annual Budget Meeting Minutes

Saturday, February 12, 2005

 

The BTPOA 2005 Annual Budget Meeting was called to order at 2:15 pm. John Heiser, President of the BTPOA Board of Directors, presided.

 

1.      Introductions, Protocol, Determination of Quorum: John welcomed the group. Four of the five Board Directors present and the property owners in attendance introduced themselves. Colorado law, the Colorado Common Interest Ownership Act (CIOWA), and the BTPOA Bylaws require that we hold an annual budget meeting. Further the Bylaws do not allow the use of proxies and require a 15% quorum (minimum of 39 lots) to be represented (in person) at the meeting. To vote on matters that come before the meeting, the property owner(s) must be current on payment of the annual assessment of $72 per lot. The covenants specify that there is one vote per lot. Ensuring that all in attendance had the opportunity to register, including late arrivals, it was established that a quorum was present; the meeting would proceed with required discussion and any subsequent voting required.

 

2.      Minutes of 2004 Annual Meeting: The minutes of the September 18, 2004 annual meeting were published in the January 2005 Bent Tree Log. Extra copies of the newsletter were available for all in attendance. After brief discussion, Steve Fuhrmann moved and John Anderson seconded the motion for approval of the annual meeting minutes. The minutes were approved by unanimous consent.

 

3.      Board Vacancy: Due to Corinne Warren’s resignation from the Board, John Heiser announced that Corinne’s term expires September 2006 and requested nominations from the membership present. Donna Grosse moved and Judy Woodley seconded the motion to nominate Gail Bates for the vacancy. With no further nominations forthcoming, Bruce Temkin moved and Chet Sulewski seconded the motion for closing the nominations and Gail was elected by acclamation.

 

4.      Committee Reports:

 

a)      Architectural Control – John Heiser, in the absence of ACC representation, described the ACC’s charter, per the bylaws and covenants, as functioning independently of the Board and they are elected separately. Their function and responsibilities are specifically addressed and outlined in the BTPOA covenants. The powers of the ACC are separate from the Board, but their funds are drawn from the association. The ACC has no budget requirement for 2005.

b)      Beautification and Trails – John Heiser – the Committee’s provides for maintenance of the perimeter trail and landscaping (mowing) of the ditches, entrances and other common properties A significant portion of the trail lies in the easement or outside of Bent Tree property; actually on County property.. The missing “N” in the sign on BT’s southwest entrance “monument” is still missing.

c)      Covenant Compliance – Claude Todaro – Vehicles (of all kinds) parked outside (of enclosures) remain the largest issue of non-compliance. Remaining non-compliant issues are ATV’s without licenses and operating unsafely, dogs loose, trash cans out (or exposed), and garage doors open. The Rules and Regulations of Bent Tree were approved and went into effect January 9, 2005.

d)      Directory – Sally Lopez – reported that the 2004-2005 edition needs updating; approximately 35% of the residents listed are now incorrect, 70% of the business section is inaccurate. Reports indicate that some of the community likes the directory and some never use..

e)      Engineering – Sally Lopez, for Jerry Lopez – The engineering survey for 2004 is complete. Next cycle (survey period) is set for August 2005. All residents are asked to watch for ‘slash’ accumulation, erosion and/or burrowing near detention ponds and, if noted, to notify the Engineering committee. The purpose of keeping these ponds clear of debris and natural degradation is to preclude, during heavier watershed, more water downstream than the ‘historic flow’, in accordance with the original plans.

f)       Forest Management – John Anderson – John indicated that about 29 lots in Bent Tree are infested or show ‘beetle kill’; trees ‘browning’ (needles) evidence 2004 infestation, dead pines would indicate years prior. By law, “you must remove and destroy the tree(s) of concern…failure to comply could ultimately result in a lien being placed on your property by the County.” We need to be ‘proactive’ in preserving and protecting the health and beauty of our forest. The Forest Management Committee, the El Paso County Forestry and Noxious Weed Division, as well as a number of tree services in the area, can/will meet and work with all homeowners to determine if you have beetle infestation and make recommendations on how best to treat and remove the infested trees. Five of the major tree trimmers in our area say that mitigation can be started as late as July, however, earlier (April/May) is better. Pamphlets of information were sent out with a recent BT LOG addressing the beetle and mistletoe threat in our area. Reprints are still available. Because of these forestry concerns, the committee requested a doubling of their proposed budget for 2005. After further discussion, it was agreed that funds could be moved from reserve to cover any shortfall in the forestry budget.

g)      Neighborhood Watch – Jerry Wagner – Within the past year, we have had several reported burglaries in Northern El Paso County and two cases of vandalism in our Bent Tree community. Isolated areas have always faced a special vulnerability to crime and vandalism indicating a need for more positive measures in curtailing these activities. Bent Tree has had a neighborhood watch committee for some time now. Neighborhood Watch signs are in place at each of the seven entrances to the community. Throughout the country, dramatic decreases in burglary and related offenses are reported by law enforcement agencies in communities with active Neighborhood Watch programs. Active volunteers are needed. Lacking a formal budget or source of funding, volunteers donate their time and resources but 'Neighbors helping neighbors' are positive steps for positive results.

h)      Newsletter – Jerry Wagner – January’s issue was mailed to all Association members recently; special thanks to Corinne Warren (and her family) for ‘stuffing’, stamping and mailing.

i)        Water Augmentation – John Heiser – The annual Bent Tree Water Augmentation Administration Plan summary for the period of 1 Nov 2002 to 31 Oct 2003 was filed with the State Engineer, as required on 1 Nov 2003. A copy was sent to. The report summarizes water uses in each of the South Platte and Arkansas River Basins and the Augmentation Schedule required by all of Bent Tree. For last year, Bent Tree’s share of Operating Expenses and Capital Replacement Reserves was $12,214. This year, due to a reapportionment of Operation Expenses based on “Lots” versus shares, our share of the Great Divide Budget is $8,900.  Bent Tree wells typically get their water from the ‘shallow’ Denver/Dawson aquifers. Since the 1800's, all surface water in Colorado has been spoken for. The notion of doing no injury to downstream water rights holders is a fundamental tenant of Colorado water law. The water courts (lawyers) have determined that ten percent of the surface water gets lost to the water rights holders and must be replenished. These court rulings place responsibility on the BTPOA to protect downstream water rights holders. The Great Divide Water Company owns and operates the deep well (Arapahoe aquifer) pumps located in the Bent Tree area, used to provide augmentation water. Bent Tree is one of 24 members of the Great Divide. In overseeing the water augmentation program, the BTPOA’s “share” represents the greatest portion of our proposed budget each year.

j)        Website – Steve Fuhrmann – For our new BTPOA neighbors, and a reminder for all residents: All of the Association’s basic documents, Bylaws, Covenants and Rules & Regulations can be viewed on our website – www.nepco.org/benttree/. The Bent Tree Family Directory is also on the website and is password protected.  The password is monkey.

k)      Welcoming – Bob Hostetler – Twelve new families were welcomed in 2004.

 

5.      Treasurer’s Report: Kathy Decker presented the final 2004 Bent Tree financial report showing Total Assets of $84,583.08 and Total Liabilities and Equity of $84,583.08 (printout copies were available to all attendees). For 2005, to date, the BTPOA’s Total Income is $10,228.85 and Total Expenses are $9,706.16; a net income of $522.69.

 

6.      Budget Discussion: John Heiser reiterated the BTPOA Bylaws requirement for convening an Annual Budget Meeting on or about February 15 each year. All property owners had been mailed an Agenda for this Budget Meeting with the Draft BTPOA Budget proposal, as adopted by the BTPOA Board of Directors, on January 9, 2005 (additional copies were available for meeting attendees). More than 95% of the total revenue is derived from property owner’s dues ($72 per lot). Budgetary concerns and historic budgetary considerations were prime factors reflected in the Board’s “balanced” budget proposal. Rick Smith moved and Claude Todaro seconded the motion to approve the “Draft 2005 BTPOA budget, as proposed. The 2005 BTPOA budget was approved by unanimous consent and appears at the end of these minutes.

 

7.      Dave Scarboro’s complaints regarding Lot 5: John Heiser provided an overview of Dave Scarboro’s (resident Lot 4) letter, to all Bent Tree residents this week, requesting an Association response to the “construction of a detached structure on lot #5”. The crux of Mr. Scarboro’s complaint involved “fiduciary failure by the ACC”. John Heiser again reiterated the ‘broad powers’ and ‘autonomy’ of the ACC, per the BTPOA’s “Protective Covenants”. Dave Scarboro presented his concerns, as addressed in his letter, and raised some questions regarding the ACC’s ‘approval process’. Were any ‘variances’ requested? Is the owner (Lot 5) merely engaging in his ‘hobby’? Did the ACC consider associated hazards? County ordinances? Zoning restrictions? Burial of “material” (environmental)? Jean Freitas moved and Chet Sulewski seconded the motion to review the ACC’s decisions toward approval of the structure. The motion was unanimously approved. Since Mr. Scarboro’s  complaints allege several (potential) violations that need to be addressed, Chet Sulewski posed two questions: was the structure (plans for the structure) misrepresented to the ACC?; is there an impropriety/criminal consideration involved? Chet continued that the ACC address, specifically, as to “how the project was represented (to the ACC) and what materials were submitted”. Gail Bates moved to require this response (from the ACC) to be “written” and submitted within one week of this meeting. Sally Lopez seconded Gail’s motion; motion was passed. Mark Woish further moved, second amendment, that the Board of Director’s (BOD) act as the intermediary in conveying to the ACC and getting their response (to this issue) and distributing (by mail). Chet Sulewski seconded the motion (second amendment); the motion was passed. Gary Wright motioned the BOD be designated to assign an independent investigator to pursue environmental issues/fire restrictions/safety regulations/building codes (of governmental entities, outside of Bent Tree) and any other areas that would potentially affect this approval process; Ron Britt seconded and motion was unanimously passed. Gary Wright moved to hold a subsequent ‘special’ Association meeting, with the homeowner of Lot #5 present, to discuss the results (outcome) of preceding actions; John Decker seconded and the motion was unanimously passed.

 

8.      Schedule: Times and dates for future Association meetings have been set; location is to be determined, pending attendees and availability of sites, as follows:

 

a)      Annual meeting – Saturday, September 17, 2:00 pm (“on or about September 15^th”)

b)      Board meetings – 2 pm, 2^nd Sunday of the first month of each quarter and following the membership meetings: February 12, April 10, July 10 and September 17

c)      Other Events – July 4^th Potluck? No one expressed a willingness to organize such an event.

 

9.      Door Prize Drawing: Shirley Britt won a $50.00 gift certificate.

 

10.  No Other Business: Meeting was adjourned at 4:45 pm. With some people remaining, John Heiser presented an update of developments in the area: Home Place Ranch, Wal-Mart, Roller Coaster and Baptist Road. A short board meeting followed.

 

BTPOA 2005 Budget

Proposal adopted by the BTPOA Board of Directors January 9, 2005
and by the membership February 12, 2005

 

Minutes prepared by Jerry Wagner, Secretary, BTPOA, February 26, 2005.