Board Meeting Minutes

PAGOSA LAKES PROPERTY OWNERS ASSOC
Thursday, September 9, 2004
MINUTES

President Bohl called the regular monthly meeting of the Pagosa Lakes Property Owners Association Board of Directors to order at 7:02 P.M. in the Pagosa Lakes Community Center, 230 Port Avenue, Pagosa Springs, Colorado.

Board and Staff Members Present
David Bohl –President
Hugh Bundy – Vice President
Fred Uehling – Treasurer, absent and excused
Pat Payne – Secretary
Bill Nobles – Director
Gerald Smith – Director
Fred Ebeling – Director
Walt Lukasik - General Manager
Larry Lynch - DPE Manager
Margaret Gallegos - DCC Manager
Gloria Petsch - Recording Secretary

Approval of Agenda and Minutes
Agenda - Item E under New Business was amended, as four of the violations have either been corrected or resolved. A motion was made and seconded to approve the agenda as amended. Motion carried unanimously.

Minutes of the August 12, 2004 Regular Board Meeting – A motion was made and seconded to approve as written. Motion carried unanimously.

General Manager's Report

• Sheriff’s Department Animal Control statistical report for the month of August 2004 shows 3 reports taken, 5 dogs impounded, 0 cats impounded, 0 cruelty cases, 7 dogs returned to owner, 6 verbal warnings issued, 1 written warning given, 14 miscellaneous citizen contacts made, 0 summons issued, and 16 calls from dispatch to the animal control officer for service.
• We spoke with Mike Alley of La Plata Electric Association. They continue to investigate possible alternative routings for the electrical service at Hatcher Dam near South Shore Estates subdivision. Mr. Alley will contact us in the near future to present proposals.
• Association property, lakes, liability, auto, O&E, umbrella, and workers comp. insurance packages expire on September 22nd. Our insurance agent, Mr. Don Whitehead of Accordia Insurance is currently gathering bids for the separate packages. He has told me that the rate increases of the past have appear to have peaked, and he is not expecting any major increases on any components of our policies.
• At the July Board meeting, property owner Michael Piper recommended that a letter be sent to San Juan Basin Health Department and to the Colorado Department of Public Health and Environment to inquire if Pagosa Lakes could be included in the state air-quality testing program. The State office has replied that one testing unit throughout all of Pagosa Lakes may not give any definitive indicators of air quality. Mr. Piper is continuing research in the matter.
• Advertisements continue for ECC members.
• General Manager Lukasik will not be in attendance at the October Board meeting as he has a continuing education class in Denver on that evening. It is the only time this year that a Community Associations Institute class will be held in a nearby location. Don Arries will present the General Manager’s report at the October meeting.
• 123 intents to lien were sent out on delinquent properties.
• The swimming pool at the Rec. Center will be closed from 9/13 through 9/17 for draining, cleaning and repair.

• Anne Allison of 660 Twincreek Cir. requested an update on the formation of the Road Advisory Committee and was informed that discussion of reactivation of the Road Advisory Committee was on the agenda as item B under New Business.

Treasurer's Report
The Treasures report was read into the minutes by General Manager Lukasik.
The August 2004 financial documents have been reviewed. No discrepancies or irregularities were noted.

As noted in the General Manager’s report, the Association has received $908,000, or 90.1% of the total $1,008,000 2004-billed assessments through August 31, 2004. Collections of dues payments through August 31, 2004 are 1.3% ahead compared to 2003.

Director Ebeling requested clarification of “Settlement Account – Ranch Community – not for PLPOA use” and was informed that this is a pass-through account of monies held by the PLPOA for Ranch Community, and not to be used by the Association. He also asked where the “Parks & Trails Fund” monies have come from. General Manager Lukasik informed him that the Association had made contributions of $50,000 in past years to this account.

Committee Reports

• Recreation Committee Report –No meeting was held since last Board Meeting.
• Lake, Fisheries & Parks Committee – Meeting was held Sept. 8th. Minutes will be distributed next month.
• Ad Hoc Lake Study Committee –No meeting was held since last Board Meeting.
• ECC agenda and minutes were included in the DCC report for information. ECC appointed Ray Finney as Board liaison. His report was included in for review.

• None

Recurring Business

• There was continued discussion of the POI3 (or, Property Owner Involvement and Input Initiative.) Director Smith read into the record his updated and corrected “Motions to Ascertain Owner/Voter Desired Association Current, Futures and Long-Term Directions.” He then made a motion to have a work session on this issue scheduled in the first three weeks of this month. Director Ebeling seconded the motion. The motion passed unanimously. General Manager Lukasik will facilitate the scheduling of said meeting.

• On Thursday, August 26, General Manager Lukasik and DPE manager Lynch met with the North Village Lake Property Owners who are objecting to the placement and appearance of the buoy line. The Property Owners have requested that the line be moved to the narrowest part of the channel. The Association has agreed to move the line if all property owners behind the line will sign a statement to the effect that they realize that there is to be no boating behind the line. The Property Owners present objected to signing a written, recordable instrument stating that they realize that no boating behind the buoy line would be permitted. They will be meeting again with General Manager Lukasik to decide on one of the three alternatives given. The topic was tabled pending return input.
• Director Ebeling stated that a delay in formation of the Road Advisory Committee until January would be in order due to the two lame duck Commissioners remaining on the Board of County Commissioners until the beginning of 2005.
  
  Bill Ralston, in attendance, was the prior head of the Road Advisory Committee, and declined the position as head of the new Road Advisory Committee, stated he agrees with Director Ebelings’ position. Mr. Ralston then presented the past history of the Committee. Jerry Baier of Twincreek Village stated that this was a useful summary of the problem. However, he insisted that the Board do something to fix the roads. The Board informed him again that it is illegal for anyone other than the County to do anything to the roads, as the county owns the roads. The Board again requested that Mr. Baier attend the Commissioners meetings, and get his neighbors to attend the meetings as well.
  
  Mr. Ralston informed the meeting that the county will soon be starting on their regularly scheduled grading of all roads in the county prior to snow removal season. This is done by the County at this time to facilitate snow removal for emergency access, and is required by the County for liability purposes. Director Smith stated that when the Directors were at past County Commissioner meetings, the Commissioners stated that they thought the Directors were just trying to further their own agendas, as their constituency was never in attendance.
  
  Property Owner Jim Carson suggested drafting a letter from the directors to the County Commissioners on behalf of the property owners asking for an estimated date for the completion of the grading. Director Bohl stated that the schedule for County road grading was published at the beginning of the year Mr. Ralston then stated he would consider chairing the Road Advisory Committee since it would not start until the 1st of the year.
  
  Director Bohl then made a motion recommending tabling the issue until the December Board meeting, when they would reactivate the Road Advisory Committee. Motion was seconded by Director Payne. Motion carried unanimously.
  
• General Manager Lukasik requested a replacement cost increase on our property insurance for the Rec. Center, as the structure would currently cost 2.1 to 2.2 million to replace. Director Ebeling requested that all Association property only be insured for the replacement costs, as he feels that some of the property is over-insured. GM Lukasik stated he would have all properties adjusted to the cost estimate amounts. Director Payne made a motion to approve the increased limit on the Rec. Center, and Director Smith seconded. Motion was carried.
• George Esterly has requested that the DCC enforce trash covenants more stringently. He has also stated that he expects the Association to come out and put up the trash receptacle when summoned. He was informed that due to trespassing laws, the Association is not allowed to go onto people’s property to put up the receptacles. The Board also informed him that not only is increased patrols for this a budgeting concern, but that there is more than one trash company doing pick-up in Pagosa Lakes, each with varying schedules, and therefore would be very difficult to patrol for this without increased inspectors. Director Smith informed Mr. Esterly that the Board has no problem in working on correcting the situation when it is brought to the DCC’s attention, or when the inspectors see infractions during the course of their regular inspections. Topic was tabled until General Manager Lukasik gets together all of the current Rules, etc. pertaining to trash and propane tanks that are currently on the books to present at the next meeting.
• Regarding the concern about dust/speeding brought to the attention to the Board at the Annual Meeting; Director Smith informed the Board that this is beyond the authority of the Board, that the Sheriff would have to handle speeding issues. He further stated that the County Commissioners are the ones who set the speed limits in the county, and that this is not within the scope of discussion for the Board.
• There were four remaining DCC fines. Director Smith made a motion to uphold the fines, and Director Bundy seconded. The motion carried unanimously.

• Regarding the email from A. W. Jones requesting relief from his assessments, the Board requested that General Manager Lukasik respond to him to the affect that to subsidize one or more property owners assessments was not a viable option, as the property owner knew when the property was purchased that these fees would be assessed.
• General Manager Lukasik brought to the attention of the Board the correspondence between two property owners who came up with an amicable solution, between themselves, regarding outdoor lighting. Congratulations to both.

Adjournment
There being no further business, the meeting was adjourned at 8:36 P.M.

Respectfully Submitted,
Gloria Petsch/Recording Secretary
Pat Payne/Secretary

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