FORBES PARK LAND OWNERS ASSOCIATION
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The Board of Directors Meeting was held on July 29, 2000 at 9:30 a.m. at the Forbes Park Center. Present were Henry Knox, Bob Nichols, and Ron Trujillo, via telephone conferencing. In the absence of Leonard Fialkowski, Henry was acting chairman for the meeting. The first hour of the meeting was set aside for landowners input using the Robert's Rule of Order allowing 10 minutes per speaker. Acting chairman, Henry Knox, called the Board meeting to order at 10:17 a.m. A quorum was present. A unanimous consent form was entered into the records, signed by Leonard Fialkowski, Henry Knox, Bob Nichols and Ron Trujillo appointing Pat Martinez as Secretary of the Board. The June 24th Annual Meeting minutes and the June 24th Board of Directors minutes were approved as submitted. The minutes of the June 10th Board of Directors minutes will be amended to show some corrections. Bob Nichols moved that the Board accept the resignation of Bruce Carpenter dated June 24, 2000. Ron seconded the motion. All three Board Members present voted unanimous to accept this resignation. Names submitted for the appointment of a new Board Member to fulfill the void left by the resignation of Bruce Carpenter were: Pat Sacket, Donna Atkins, Marge Bonariczyk and Art Vest. Three Board Members, Henry, Bob and Leonard voted to appoint Donna Atkins to fill in the l year term left. Ron Trujillo abstained. The Chairman stated that the Board could handle it two ways. They could either open the floor for nominations or have someone nominate Donna and Ron could nominate Marge or the Board could simply appoint Donna as a Board Member. Ron explained that the reason he had abstained and nominated Marge for the Board is because Marge is a hard worker, has a lot experience, has attended all the classes for Board Members and has been involved with just about every committee in the Park. Marge is also familiar with our By-laws and Covenants. He stated that she is more aware of the budget and budget process than anyone and her experience is invaluable to the Board. "I'm not saying anything against Donna, I think Donna is a hard worker and we need hard workers on the Board". "That's my reason for picking Marge over Donna." The Board appointed Donna to fill the un-expired term of Bruce Carpenter. Donna joined the other directors for the rest of the meeting. This current Board felt that the Association should have a President and after some discussion among the Board Members, Art Vest was appointed as President of the Association. All committees from this day forward, will answer to the President of the Association, not to a Board Member. This way there will be only one clearinghouse for all the activities going on in the committees. At the June 24th Board Meeting, Phil Stuart, Treasurer indicated that he wished to resign. He was asked to consider staying on until the end of this quarter, which he agreed to do. The Board appointed Don Peeples as Treasurer for FPLOA. After Mr. Stuart gives his report today, he and Mr. Peeples will get together and have a hand-off on all the material. Henry thanked Phil for all the fine work he had done while holding this office. Don Peeples accepted the position of Treasurer. Resignations were accepted from Chris Williams, Finance Chairman, Carol McElmurray, Association Secretary and Chairman of the Welcoming and Picnic Committee, Charlie Johnsen, Chairman of the Community Awareness, Sue Ferguson from the ECC Advisory Committee, Karen Mensaros, Assistant Association Secretary, Mary Ann Chenworth, Chairperson and Association Editor of the Bugler and Tracey Wetzler the Bugler Editor and Jim Brooks from the Common Lands Committee. Bob Nichols moved that the Board accept these resignations. Donna Atkins seconded this motion. The vote was unanimous. Henry recommended that the Board adopt the 2000-2001 budget as submitted by the Treasurer, Phil Stuart, with provisions to be approved at a later date. The provision to be approved at a later date is in the Capital Improvement Funds. Under the Capital Improvement budget, the Directors felt that some of those funds should have been designated. They had not, as yet, been designated. Bob made a motion that the Board adopts this budget with the revisions that Mr. Knox has indicated. The motion passed unanimously. There will be no increase in assessments this year. Ron had indicated that he felt that we should increase the dues. He felt we could live with the present budget, but that an increase was necessary in the areas of Capital Improvement and Reserve Study and felt that if we did not increase them, we would be ignoring the advise of that study.
Under cattle grazing, the question "is the Association required to fence out cattle even though the property within the Association is residential and recreational?" Colorado law says that if you do not want cattle on your property, under Colorado Open Range Law, you must fence those cattle out. However, at the same time, when you fence those cattle out, it must be a legally constituted fence. The Association is not obligated to fence out cattle to prevent them from grazing on Association properties. The Association governing documents does not require the Association to maintain a fence or otherwise prevent cattle from other areas from entering your property. This only arises if the Association wants to recover damages caused by the cattle while on the common areas and the Park is properly fenced. However, the Association may also experience benefits from the grazing such as weed control and fire suppression. In addition, the presence of the cattle contributes to the rural attributes of Forbes Park, which may be desirable to many residents. The legal fence, as defined for cattle by the Colorado Open Range Law, is a three-strand barbwire fence with the post being no greater distance than 20 feet apart. There are three facets, as far as the Board is concerned, having to deal with cattle at the present time. We have a legal opinion and at the October 28th Board Meeting, Dr. Stan Smith will address the environmental aspect of cattle grazing. It will then be turned over to the Finance Committee in order for them to come up with the cost and funds to legally fence Forbes Park as a whole. The boundaries around Forbes Park cannot be definitely established at this time. Forbes never staked out the boundaries so that it could be fenced; therefore, this would necessitate hiring a surveyor to survey the Park boundaries prior to any fencing being done. This would be a lengthy and costly process. It is an ongoing problem and it is being dealt with. Under camping, the Board had not received the new legal opinion from the attorneys requested some three weeks ago. Under new business, the Treasurer advised the Board that a resolution is needed to carry over unspent monies from the operating budget into the Capital Improvement Funds for the next year. Bob moved that the Board do that. Ron seconded and vote was unanimous. When Leonard examined Association papers, he found that four different mailboxes were being used for the Association business. From today forward, all Association mail will be sent to Box 46 in Forbes Park with the exception of mail for ECC business, which goes to Box 21. There will be no other mailboxes used for Forbes Park Land Owners Association mail. There also needs to be better coordination between the Road Advisory Committee and the Park Managers. The Board advised the Road Advisory Committee, that whenever they find a problem with the roads, they should refer that problem to the President of FPLOA and the Park Managers. In the Park Managers contract, they are responsible for directing the services of ACI, the road contractors. Donna Atkins made a motion that the Board eliminates the By-laws committee. This was an ad hoc committee and is no longer needed. The motion was seconded by Bob and passed unanimously. A request was read from Marvin Herring, Lot #681 - that San Isabel Electric Company be granted a utility easement right-away from the Wagon Creek Trail pole to the corner of his property. Previous Boards have granted a utility easement right-away on two different occasions. Ron pointed out that although this has been done in the past, it might not necessarily be legal. After much discussion, this was tabled until the Board Meeting of October 28, 2000 in order that this matter can be referred to the attorneys for a legal opinion. Dr. Les Boyer was called upon to give a report on a long range-planning panel. This is not a committee and required no Board action. The purpose of this group came about because Henry and Leonard felt the need for long-range planning ideas. After meeting with some of the Board Members, he was asked to draw up what was talked about and make an official document which constitutes a proposal to begin such a planning group. The next item on the agenda was the appointment of committees. They are as follows:
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COMMON LANDS COMMITTEE John Gethen
COMMUNITY AWARNESS Cathy Adolph
FIRST RESPONSE TEAM Pat Boyer - Chair Marietta Hammer Co-Chair Donna Atkins Bill Hammer Jean & Charlie Johnsen
ENVIRONMENTAL CONTROL COMMITTEE Elfriede Roeder ECC SUB-COMMITTEE Genette & Eric Freeman Dorothy Colvin Jim Hotchkiss Kenny Maly
FINANCE COMMITTEE Hal Phillips
ROAD AVISORY COMMITTEE Lindell Elfrink
WELCOMING/PICNIC COMMITTEE Pat Boyer COMMITTEE REPORTS: Common Lands - Bill Armfield The Common Lands Committee is doing a survey around the boundaries of the Park to see what condition the fences are in. They will find out the cost of constructing a new fence as well as the cost of repairing the old one. This information will then be submitted to the Board for their action. Barbara Rohren announced that they were having a boundary walk on Thursday, August 3rd at 9:00 a.m. It will be a social, nature and informative walk. The starting point will be the big lake and bring your own lunch. They also plan to remove all the old fences within the park. Some of the material can be reused. When repairing the fence, some of the work cannot be done with volunteers therefore; it will require that a contractor be hired. Bill also mentioned that one dry fire hydrant is operable. Another has been installed at the big lake and it's just a matter of getting the Fire Department to come check and certify it. Bill has the paper work to apply for lower the fire rating which, if approved, would lower the fire insurance premiums for homes in the Park. Bill went on to say that the Common Lands Committee wants to go on record as being opposed to the utility easement for lot #681, which is before the Board at this time.
Fire Response Team - John Gethen John stated that new maps for the year 2000 have been complete and distributed to the Fire Department in Ft. Garland, the Ambulance Service in Blanca, the Sheriff in San Luis, the ECC and the Park Managers. This year they have designated two areas as fire brush burns. This year so far there are 106 brush piles. This is more than we had last year and there will probably be a great deal more before we burn in November or December.
Treasurer's Report - Phil Stuart Phil gave the Financial Report for the third quarter ending June 30, 2000. He reported that several of the accounts are running higher than anticipated, but that reserve funds were available. He also stated that he was resigning as Treasurer.
First Response Team - Pat Boyer The first response team is volunteers who work under the auspices of the Costilla County Ambulance Service. They are offering a CPR course on Monday July 31st and Thursday, August 3rd at the Forbes Park Center from 6:30 to 10:00 p.m. Anyone interested was asked to sign up after the meeting. A fall class may be offered, if the instructor, Tim Daly is available. The members taking the first response course will finish their classes and graduate on August 26th. They are Jo Cole, Eleanor Harmacek, JoAnn and Loren Franke, Karen and Aurel Mensaros, and Scott Brooks. She stressed that for all emergencies you are to call 911.
ECC - Aurel Mensaros He wanted to mention that on the bulletin board there was a letter saying that the ECC had given permission to start a fire at an individual's lot. He wanted to go on record that there must have been a misunderstanding and that the ECC had not given this permission. Mark Conley, Tree Cutting Contractor, has been in the park and has surveyed 20 lots. He is to start cutting the trees, for fire protection, on these lots in August, one lot per day. Aurel suggested that if you are planning to do any construction on your lot next year that you contact him to get your paper work started as soon as possible. Even though they have a good working relationship with Costilla County, the permits will take time to get approved. The ECC is still trying to resolve several Covenant violations. These have been on the books for several months and need special attention from the Board. Aurel asked the Board for their support and stated that most of the problems in the past have been due to lack of communication.
Road Advisory Committee - Scott Brooks He stated that when preparing their budget, they included all the roads that they felt need the most work. They made up a list of all the roads they felt needed to be graveled. He questioned why two roads were graveled that were not on the list and was told that landowners were building on their lots and the roads were so muddy that they had trouble getting in an out.
Communication Committee - Ann Gethen She reported that four newsletters would be printed sometime during year. A newsletter will be going out very soon. The deadline for the articles for this newsletter is August 10th, and thereafter deadlines will be November 10th, February 10th, and May 10th. The newsletter will then be mailed out to the landowners about four weeks after those dates. People wanting to write letters to the Bugler are being asked to restrict them to 50-75 words, so that they can get as many people's opinion as possible. Committee Reports should be kept to 1/4 page, but if more space is necessary that will be allowed. She suggested that committees list all committee members with at least one phone number for contact. The minutes of the Board Meetings will be edited for the Bugler, but a complete report will be posted on the Web Page. She hopes to have a Managers Report, with information on how to get keys, direction, maps, storage of campers, and all other things that managers deal with. Advertising space will also be available.
The next Board Meeting will be October 28th, 2000 at the Forbes Park Center, followed by the Semi-Annual Meeting on January 27, 2001, and then a meeting on April 28, 2001. With no further business Bob made a motion to adjourn the meeting and Ron seconded and the vote was unanimous. The meeting was adjourned at 11:40. An executive session with the ECC will follow.
Respectfully submitted, Patricia G Martinez
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