Santa Fe Trail Ranch POA
Regular Board Meeting
February 6, 2010
Lazaro Martinez Station

Directors: Present Absent
  Bob Scott, President  
  Jim Davis, Vice President  
  Al Tucker, Vice President  
  Nancy Allred, Treasurer  
  Doris Noard, Secretary  
  John Albert  
  J Alan Aufderheide  
  Linda Brown  
  Fred Streiff  

Guests:  John Parker, Lynne Parker, June Stephens, Tom Stephens, Flora Martinez, Steve Thompson, Donna Garrett, John Noard, Rick Kinder, Rob Coopet, Susan Coopet, Mary Ghormley, Monte Beaver, Val Allred, Ernie Parker, Kim Pronovich.

  1. Bob Scott called the meeting to order at 9:00 am.
     
  2. Proof of notice:  Bob Scott gave proof that proper notice of the meeting had been given.
     
  3. Roll call:  Eight Directors were present which made a quorum and all business official.
     
  4. Jim moved to approve the minutes of the 5 December 2009 regular meeting. The motion carried.
     
  5. Committee reports:
     
    1. Common Area - - Progress on the railroad crossing is moving very slowly. Linda talked to Andy Amparan of Burlington Northern Santa Fe RR. He needed to verify information before responding, and hasn’t called Linda back.
       
    2. Roads – John Albert reported good resident turnout at the Road Committee meeting on 1/16/10. Plans were made for the years’ roadwork. Minutes of the Road Committee Meeting have been sent to the webmaster for posting on the ranch site. The cost for road base from Leone Sand & Gravel will remain the same as 2009. When weather permits, the first road work will be on Hidden Meadow. Snowplowing: There have been requests to get snow off icy roads that get little sun and remain a sheet of ice all winter. This priority is being worked into snowplow routines. John has been investigating the possibility of speed dips in the roads to control speeding. The Communications Committee suggested the Road Committee have its own page on the ranch web site for all road information. A spread sheet of completed road work for every road has been mentioned previously. J Alan suggested reflectors in strategic places on the roads for snow white outs during night driving. The cost of the reflectors was mentioned as well as the numerous dangerous places on mountain roads. J Alan commented that the ranch roads and water are remarkably good, yet he is concerned with the trees that overhang the road in the road right of way, obstructing views and creating a wildfire risk. It was reported the RC Ghormley has applied for two grants that could be used for this type of purpose, if received. The result of one grant application should be known shortly. The Board recommended the Forest Mitigation Committee call a meeting of interested parties regarding the road right of way project. Volunteers would be needed because some work would be done by hand with chainsaws. For future Board meetings, the Forest Mitigation Committee report will be included in the Community Preparedness report.
       
    3. Covenant Committee – Jim Davis will have a Covenant Committee meeting immediately following the Board meeting today. The Committee will be looking at getting SFTR Covenants in line with Colorado Common Interest Ownership Act of ’05 & ’06.
       
    4. Finance – Nancy presented Year-To-Date P & L Comparison to Budget for 2009. The years net income was $129,778. The year started with $119,710 carry forward for Roads & Bridge from 2008. This means finances are stable. Total Accounts Receivable at the end of the year: $26,882. More residents are asking for payment plans on POA dues. Foreclosure sale scheduled for 2/3/2010 was cancelled when property owners’ payment was received.
       
      1. Budget – The revised 2010 budget was presented and compared to 2009 budget. Total General Expenses budgeted for 2010: $329,366. Jim moved to approve the 2010 Budget. Motion carried.
         
    5. Communications – J Alan reported how Patrick Roehl transferred the ranch web site to a new host. Thanks to Patrick for all his work on this project. The new host has more storage for less cost. The data base project for the ranch is in the end stages of planning. They are working on fields property owners can change or update and what fields have security. Patrick is working on the data base on a volunteer basis. J Alan has asked that questions to be added to the Frequently Asked Ranch Questions List, be sent to him.
       
    6. Community Preparedness – The Committee met 12/19/2009 and discussed moving the boundary of Area 7. Area 7 needs a volunteer leader. Area 4 needs a full time area leader and assistants. Volunteers are needed to represent areas. The revised CPC Handbooks are available online. John Sanders is checking on pricing for cameras for the guard shack. The residency list is in progress; John Albert needs the list when it is complete. CP information needs to be posted so residents know what to do in an emergency.
       
    7. Weed Control – John Noard suggested making signs to put on roads when weed spaying was in progress for volunteer safety. Suggestion to use orange road cones. This year we will be testing a different chemical for use on thistle, once current chemical supply is depleted.
       
    8. Water report – Currently Elk Ridge Trail, Coyote Trail and Squirrel Lane water lines are frozen.
       
  6. New Business – Linda contacted Howard with the Greenlands Conservancy regarding chemical use on cattails in the pond. John Noard needs to follow up on chemical safety with the Department of Ag.

    The Board received a position statement from Carol Phillips concerning the POA lawsuit and Lot 7B. The POA lawsuit is being dealt with by legal counsel and not discussed at an open meeting. Lot 7B is not a POA issue. Her statement will follow the meeting minutes.

  7. Next regular meeting 3 April 2010, 9:00 am, Lazaro Martinez Station, SFTR. Meeting adjourned 9:45 am.

1.       

a.       Common Area

                                                                                            i.            Phillips Lawsuit – The Board moved to approve the settlement agreement as drafted and presented to the Board by the attorneys for both sides [cjd] (this is referring to an original agreement drawn up by the POA attorney Dennis Malone that we refused to sign.  The Board moved to accept this agreement even though members of the Board were informed that we were not going to sign this original agreement! Our attorney, Todd Kettelkamp, also notified Dennis Malone that the original agreement was unacceptable and created and presented a different agreement to Dennis Malone on Dec. 7, 2009.  We are still awaiting the Board’s response to the agreement drawn up by our attorney.)  Until finalized, the Phillips lawsuit is confidential.  Once finalized, the Settlement Agreement will be public information for SFTR residents.
 

                                                                                          ii.            Lot 7B [cjd] (there was NEVER a Lot 7B on the platted map of SFTR)– Jesse Manzanares presented to the Board the history of Lot 7B.  Mr. Manzanares is the attorney representing the Withington’s and Noard’s acquisition of Lots 7, 8, & 9 in forclosure sale.  Lot 7B was part of the SFTR developer’s property [cjd](NO it was NOT…it was ALWAYS listed as Lot #B, Unit #1 and sold by Raton West-Baldwin, Ltd. To Ronald Ray Perry and Bette Nell Perry on a separate Deed dated Nov. 12, 1992.  Bill and I are in possession of every warranty deed that exists on Lot B, Unit 1, Santa Fe Trail Ranch, Las Animas County according to the Plat thereof Recorded April 30, 1990 at Reception No. 588333, under Book 873, Page 261, Records of Las Animas County, Colorado).  Lot 7B has been included in Lot 7 transactions through three  property owners since 1992  [cjd] (Incorrect, it was sold to Stephen and Carol Bolton on 10/16/2000 along with Lot #7 but listed separately, and then sold to Todd A. Nathan on 5/4/2001 along with Lot #7, but listed separately).  SFTR Covenants do not allow the sale of less than 35 acres of property.  Lot 7B is 1.967 acres.  In the final foreclosure proceedings initiated by the POA Board, parcel 7B was not included[cjd] (Because Parcel 7B DOES NOT EXIST!!).  This legal action was initiated to rejoin parcel 7B to the deed for Lot 7.  Lease pen dens [cjd] (this is actually a lis pendens which initiates a foreclosure action.  By definition, Todd Nathan still has possession of Lot B and has the right to sell or refinance the property.  And, by definition, should Lot B be successfully foreclosed on, then it should go up for public auction.  However, according to the Treasurer’s office, Lot B was NOT part of the SFTR POA…so how can it be foreclosed on?  What everyone should really be questioning is WHY did a Board Member, that being Doris Noard through her husband John Noard, misrepresent to all of the POA Members that they owned Lot B and were willing to DONATE Lot B to the POA for a COMMUNITY CENTER…and by the way, John Noard stated, under oath in Las Animas County Court, that he owned Lot B…I have a copy of the official court transcripts should you need to see them) have been filed on the deed so parcel B is tied up.  Action is being taken in the manner described to avoid further legal expenses to the POA Board due to the omission of Parcel 7B.