Santa Fe Trail Ranch POA
BOARD MEETING
February 16,
2002
Sullivan Room, Trinidad State Junior College
| Board
Members Present: Ed Hockett Michael Hughes Rick Johnson Bob Santoro Mike Shelton Harriet Vaugeois Bill Wenstrom Jerry Whitington |
Absent: Paul Miner Also Present: Gail Thomas |
Guests: Matt Ciarlo Mario Ciarlo Gene Downs Dennis Malone Michelle Minion Frances Purswell-Montoya Carol Rawle Vaughan Roundy Dennis Scott Mary Jo Shelton Betty Withington |
Emergency Services: R. Johnson recognized guest, Dennis Scott, for the purpose of presenting the work of the Emergency Services' sub-committee on 911. Mr. Scott explained the goal of the sub-committee was to ensure a reasonable response to a 911 call especially in the case of a phone hang-up. Currently in such a situation a name and address will come up, but it is questionable whether the location of the address can be found. Unfortunately, there is duplication of sub-division names as well as street names within the county. In addition, the county's address numbering system is highly suspect. There is a county E911 Board chaired by Mike White, Assistant Fire Chief of the Stonewall District. Amiee Duran at the County and Quest are other key participants in trying to bring about a working system. They are attempting to resolve current problems. Ideally there should be a multiple console system with multiple operators on duty at any time. The state-of-the-art system would also have consoles in emergency vehicles with GPS directions. Potential impact of the implementation of an effective system could be the renaming of streets, renumbering of addresses, and replacing all maps currently in use. H. Vaugeois wondered if the Ranch should begin fund-raising efforts to help implement the necessary changes. Mr. Scott responded that the County Commissioners had just heard a first presentation on system implementation which would come at a high cost when the county has no funds budgeted for it. Consequently, there will be a delay of many months before implementation begins. Although it may be desirable to correct confusing street names and inappropriate numbering, the use of GPS addresses will probably eliminate the need for large scale change. At the moment, in order to ensure a proper 911 response it is best to have an escort waiting for the emergency vehicles when they arrive at the main gate of the Ranch. Meanwhile, the 911 sub-committee will concentrate on having a sub-division name attached to each current address in the 911 computer, and providing directions to these listed subdivisions. The Board thanked Mr. Scott for his work in this area.
R. Johnson then continued his report by noting that the lights at the Guard shack are not functioning properly, but repair is being attempted. Finally, he announced that twelve sets magnetic signs have arrived which can be attached to vehicles to promote Neighborhood Watch. The signs will be distributed to interested participants after training at the March Emergency Services meeting. He was encouraged to make sure that the community is well informed about them before their use begins.
Common Area: It was noted that M. Hughes had just distributed a thorough and highly informative report about work on the roads which will appear shortly on the web site. He, therefore, opened the floor for questions. B. Santoro then read a letter written by himself on behalf of several other property owners complaining about the icy conditions on Cottonwood Canyon Drive. Although some board members indicated their roads were the best they had been, everyone acknowledged there are shady and protected sections on roads all over the Ranch which can be hazardous. Mr. Hughes reviewed the Ranch's policy on plowing which does not begin until there is an accumulation of at least five inches. Even so, he had authorized a plowing of troublesome icy spots in January. Mr. Santoro asserted that the problem may be that several unplowed small snow falls could accumulate into a difficult icy situation. B. Wenstrom observed that additional money could always be added to Mr. Hughes budget for snow removal, but of course, it would be taken from some other project. Everyone declined to add additional funds for snow removal. Instead, everyone spoke of the need to always drive sufficiently carefully for the conditions that exist. Mr. Hughes accepted Mr. Santoro's letter and will remain alert to the problem.
Conservancy Contract: H. Vaugeois announced that at 10:00 A.M. on Monday February, 18 the President of Greenlands Reserve would be on the Ranch to tour the conservancy and write the final contract. It is a boiler plate contract with urban references removed that would allow Greenlands to own, and the POA to manage the conservancy. Ms. Vaugeois questioned the procedure for approval of the contract since the next scheduled Board meeting would be in June. R. Johnson moved that the final contract be passed around, reviewed by selected Board members, and approved by the President prior to March 1. If this can not be achieved, it will be brought to the next Board meeting. The motion passed.
Communication Committee: H. Vaugeois first collected the long lost sample new property holder handbook which had been passing for review. She will use the comments to compile a new version to be distributed to local realtors. She called on E. Hockett to give a progress report on the Board member recognition project which had been approved at the last meeting. He indicated current thinking was to buy or create a board with name plates for all members of previous Boards. This large plaque could be put on permanent display at the proposed Fire Department sub-station. Such a plaque with name plates could be purchased, or constructed possibly by a Ranch craftsman. He was encouraged to continue the project and to try to locate a craftsman to create a large plaque. Ms. Vaugeois continued her report citing the excellent improvements that had been made to the look of the web site by Pat Roehl and Kristin Spinning. She also noted that Mary Jo Shelton had contributed much time and effort to the creation of the ski page. The construction connection page continues to progress.
Covenant Committee: B. Santoro reported that the committee had met on Wednesday February 13. They had identified a focus goal of trying to change the percentage necessary to amend the Covenants. They had realized that approval of such a change required the permission of the Mortgage holders, also. This means a list of the mortgage holders must be collected at the Courthouse. Guest, Carol Rawle, pointed out that this might best be achieved by asking the appropriate office to compile a list over a limited amount of time rather than immediately upon demand. President Vaugeois instructed the committee to proceed quickly on the task, since it must be complete for other events to take place. In a related issue, E. Hockett had met with the committee to resolve voting procedures at Ranch elections. It was determined that the Covenants allow a property owner to vote in person or by proxy. The proxy may be submitted on paper or electronically. These are the methods that will be used for voting this year.
Sub-Committee on Fencing: J. Withington had spoken with Alan Walter who holds the grazing lease on the Ranch. They discussed the loss of cattle he was experiencing on the Western boundary of the Ranch where there is no fence. For this reason, Mr. Withington wondered if the Board intended to relieve this problem. B. Wenstrom estimates that it will take $45,000 to complete the project with the cost being shared by our Western neighbor, Ray Whitmire. It is possible that a bulldozer could be employed at the rate of $65.00/hour at the same time to clear a fire break along the fence line. It was determined the first step would be to do the surveying required by Colorado law. R. Johnson moved that the Board acquire a surveying proposal for fence along the Western boundary that would be brought back to the Board for the June 15 meeting. The motion passed.
Budget Committee: Treasurer, B. Wenstrom, had located a hidden reserve of about $20,000 in the Ranch's accounts. Since it had been located, it needed to be assigned to a category for proper accounting. Mr. Wenstrom moved to 1) Determine the exact amount of the surplus, 2) Place $9,000 in the budget to offset a potential shortfall caused by the unexpected completion of road work in December which prevented an anticipated carryover of funds, and 3) place the remainder in the Reserve Fund. In discussion of the motion M. Hughes observed that the Road Committee could always use additional money. The Board recognized the validity of Mr. Hughes point, but passed the motion as presented. Next. Mr. Wenstrom distributed a chart he had prepared comparing interest that could be accumulated in accounts at different banks. The chart showed that $937 of interest could be gained by changing accounts and using 7-day CDs. The only drawback would be the need to print new checks, but this would have to be done with the current account, also. Therefore, Mr. Wenstrom moved to switch the Ranch accounts to First National placing some of the funds into seven day CDs. The motion passed. Finally, Mr. Wenstrom asked if the Ranch should retain a charge account at Big R which was about to lapse. It was agreed by mutual consent to keep the account. The Board commended Mr. Wenstrom on his diligent performance of duty illustrated by his finding an accounting error that had existed for some time.
January 29, 2002
Mr. Bill Wenstrom
Santa Fe Trail Ranches
33222 Conifer Drive
Trinidad, CO 81082
RE: Representation of Santa Fe Trail Ranches Property Owners Association
I am writing to you as a Board member of the Association (the "POA") in response to our phone conversation regarding possible representation of the POA by this office.
In the past I have represented the Board from time to time. I often represent individual lot owners, sometimes concerning disputes between lot owners. Because of the potential for conflict of interest, and so that there is no misunderstanding of my role, I am making the following disclosures to comply with ethical requirements.
ETHICAL DISCLOSURES:
1. Our client would the POA Board acting on behalf of the Association as an entity. By acting in this capacity, we would not be deemed to represent each and every owner of a lot, nor each and every member of the POA. Our allegiance would be solely to the Board who may give directions through their officers or authorized agents.
2. We may be asked to render other advice or legal services to individual lot owners or POA members while representing the Board. Representation of the Board, by itself would not prevent us from representing individual lot owners or members, provided that such representation does not directly involve the Board, the POA as an entity, and does not challenge the Board or the POA's policies, governing documents, or actions. From time to time there be a need to sign a waiver of potential conflict of interest in order to proceed with other legal services, and upon full and proper disclosure, we expect that the Board will do so.
ATTORNEYS FEES:
Hourly fees for Dennis Michael Malone are: $200 per hour for non-litigation services, and $250 for per hour for litigation, whether administrative hearing, arbitration, mediation, or court filed litigation. Time is kept in 12 minute increments and the minimum charge for phone calls is $15. Long distance phone or fax costs, charged by the carrier, are estimated and are not exact. A minimum cost of $1.50 per long distance phone call or fax will be charged in addition to the attorney fee. From time to time we may require the deposit of a retainer to be used to pay costs (not attorneys fees). The cost retainer is kept in our trust account and we account for the money from time to time. We commonly send statements monthly, but may send statements more frequently if the amount of legal services warrants the extra invoicing. Payment is due within 10 days of the date of invoice, unless other arrangements are made.
Rather than charging on an hourly basis, we can perform many services, such as POA assessment collection, on a set fee basis, or a project basis, provided that the process is not contested. The Board should feel free to discuss and suggest alternative fee arrangements.
Please review this letter and discuss its contents with the Board. If the terms are acceptable, or if we agree to changes, I will prepare a form of waiver of conflict of interest for signature by a POA representative. Should you have any questions, please feel free to call. Thank you.
Sincerely,
Dennis M. Malone
DMM/tm
FISHER'S PEAK FIRE PROTECTION DISTRICT
109 West Main Street
Trinidad, CO 81082
January 16, 2002
Board of Directors
Santa Fe Trail Ranch
109 West Main
Street
Trinidad, CO 81082
Dear Board Members,
At yesterday evening's Fire Department meeting we were reviewing the mapping of the Santa Fe Trail Ranch, Trinidad Lake Ranches and other properties in the District in order to better familiarize our staff with the District, and improve our response time. During the training it was indicated that your Ranch uses a coded symbol for No Outlet signs.
I urge you to eliminate the use of a coded symbol for any purpose. In the case of an emergency on your Ranch, particularly a medical emergency or structural fire where moments may mean the difference between life and death, coded symbols may be overlooked or misunderstood by emergency personnel with potentially tragic results.
Emergency personnel are trained in universally understood directions and symbols such as No Outlet or Dead End. The symbol your Ranch is using is not appropriate and can be considered dangerous.
As Chief of the Fisher's Peak Fire Protection District it is my responsibility to help residents of the District identify possible impediments to safety. Therefore I urge you to correct this matter and provide universal signage to help insure that all emergency personnel will be able to fulfill their duties to provide the best possible emergency response to the residents of the Santa Fe Trail Ranch.
Thank you for your attention to this very critical matter.
Sincerely,
Buddie Curro
Fire Chief
Submitted by Ed Hockett, Secretary, February 21, 2002