PINE RIVER RANCHES LANDOWNERS ASSOCIATION, INC.
ANNUAL MEETING – JULY 7, 2018,
CLAY RESIDENCE – 580 PINE RIVER RANCH CIRCLE, BAYFIELD, CO 811222
The meeting was called to order by President Jim Clay.
Richard Diedrich presented an overview of the Bridge Inspection Report which was mailed/emailed to all members prior to the annual meeting for their review. He presented the information regarding the grant process, the grants that are available, and the Upper Pine River Fire Department’s role. The Fire Department applies for the grant. Richard has worked closely with the Fire Department gathering information to be included in the grant itself. The Fire Department has no budget to pay for the grant writing process but can furnish in kind help such as a project manager to oversee the job. The FEMA grant is due in November and awarded in January 2019. The grant pays for 75% of the cost of a new bridge. Another grant that the Fire Department may apply for is one from the oil and gas industry. It pay 100% of the cost. The Association, if necessary, may finance the balance of the cost through a special assessment for capital Improvement, an infrastructure loan, or financing yet to be determined. One question asked “Why we don’t turn the road and bridge over to the county.” The road easements and the bridge do not meet current County requirements. The proposed bridge is 24 feet wide, can be installed in two sections with minimal disruptions to traffic. The easements needed are already in place. The Association probably must pay the cost of the grant writer since the Fire Department lacks funds for this position. Jim Clay expressed the Boards appreciation for all of the work that Richard Diedrich has done and the information that he has gathered.
Barbara Wickman announced that there are 49 Lots represented either in person or by proxy. A quorum has been confirmed and the meeting may proceed.
New lot owners introduced themselves: Larry Job, Ron and Jeannie Widner, Laurel Pate, Florian and Shelley Walchak, Dean Wells, and June Santon from Subd. #1.
Jim Clay asked for a motion to approve the minutes from the Annual Meeting held July 15, 2017. Ken Le Roy moved that the minutes be approved, second by Fred Brown. The vote to approve was unanimous.
Jim Clay asked for a motion to approve the 2018 Budget Meeting held October 7, 2017. Jeannie Widner moved that the minutes be approved, second by Barb Wickman. The vote to approve was unanimous.
Pat Le Roy presented an updated financial report: The General Account balance is $65811.62. Expenses outstanding $40602.50. The Bridge Inspection was $1776.00 and has been paid. One invoice Legal fees for $325.00 is outstanding. The Winter Account balance is $5762.21. $2000.00 was transferred to the Winter Account. Total of Liens filed is $7654.678. Total Road/Bridge Impact Fees collected year to date is $16424.30.
Discussion of the Amended and Restated CC&Rs was led by Chip Burkett. He explained that the committee reviewed the document with one thing in mind – make it compliant with CCIOA, Colorado state law and have clarity. The committee met weekly over several months. Once the committee felt it had amended and restated the document as they understood the law, the document was reviewed by the attorney, who in her opinion, felt some changes were needed for clarity. These recommendations were accepted by the committee. The Board of Directors reviewed the final document and deemed it finalized. Chip Burkett answered a few questions regarding the most important items restated or added. He explained the need for the Surface water paragraph; the budget process and how the assessment going forward will be determined; Bridge insurance. Shirleen Hendrix stated that she felt the CC&Rs should be changed to delete the Tier system for annual assessments and that all lots pay the same amount. Jim Clay explained that the committee was not charged to address the Tier system but that could be something that could be addressed at a later date. John Dustin moved that the members proceed to vote at this time, second by Barb Wickman. Vote to proceed with voting for the CC&Rs using the Official Ballot was unanimous. Jim Clay stated that official ballots received after the meeting will be counted. All members are encouraged to vote.
Discussion of Bylaws and vote – Chip Burkett again stated that the committee used the same process to review the Bylaws. After a short discussion period, Jeannie Widner moved to vote to approve the Bylaws, second by Barb Wickman. The motion to approve was unanimous. The ballots were collected and turned over to Barb Wickman, Angela Diedrich and Terri Bonham to count. The vote to approve the Bylaws was Yes – 46, No – 1, 1 abstention, 1 lot not voted. The ballots and tally sheet were then collected by Pat Le Roy.
While the Bylaw ballots were being tallied, Jim Clay updated the members on other items.
Fish Fund – donations are still being collected and may be delivered to Jim Clay or Pat Le Roy. Donations of $1300.00 were collected and fish were purchased for the river and the pond. One 5 lbs. trout was stocked in the pond for all to enjoy.
Internet – Still a work in progress. Talks are being held with Cedar Networks who cannot obtain an easement at this time and with AlignTech.
Addition to the Articles of Incorporation – The attorney recommended that CC&R Paragraph 22 –“No one acting in his or her capacity as a Board Member or Committee member shall be individually liable for acts or decisions or the results thereof made in that capacity and within the parameters of these Covenants or the Articles of Incorporation and Bylaws of the Association for any costs incurred in that regard.” be added to the Articles of Incorporation. Ron Widner moved that this addition to the Articles of Incorporation by approved, second by Stephanie McCain. Vote to approve was unanimous by voice vote per the attorney’s instructions.
DISCUSSION AND UPDATES
Asphalt Road Chip and Seal – Jim Clay reported that the work should take place July 16, 2018. Notices will be posted at the mailboxes.
Dust Abatement – Waterman Ormsby lll reviewed the bids for the DP 50 application from Desert Mountain and the grading and road work from CRG. The DP50 bid is $11149.60 for one half strength application, the road work bid is $5700.00. The 2018 Budget has a $10000.00 line item for road work whether dust abatement is done or just regular road work. The Board is suggesting that if the membership approves the dust abatement project that about half of the Road/Bridge Impact Fees collected ($16424.60) be used to pay the full amount due which is approximately $16000.00. Jim Clay explained that the Board would need to have approval to spend these funds since the impact fees were not part of the 2018 Budget. Discussion by the members indicated that dust abatement is needed at this time since there has been very little moisture this year and the roads are very dusty. The members would like notice of the date of the application and construction projects would be asked to limit delivery of materials during the application timeframe. Dede Shipman Applegate moved that the Board be allowed to use about half of the impact fees to do the dust abatement application and road work, and the remainder to be available for bridge expenses this year, second by Judy Bergman. The vote to approve was unanimous.
Jim Clay said that no road work has been done yet this year as the board was waiting to see if the association wanted to use some of the Road and Bridge Impact Funds for dust abatement. There would not be enough money to do the roads twice. He thanked Rob Mc Laughlin for grading the road a couple of times after rare rain storms. He used the box grader that the Association has owned for years. He noted that Rob had a difficult time grading because of the hardness of the road.
Although not on the agenda, Jim Clay thought it important to address the asphalt road and the southern shoulder areas that have steep drop-offs. Pick Bar Ranch owns the land and had cows grazing the sides of the road due to a shortage of pasture grass. Once the grass was eaten away it became clear just how steep the drop-offs are. This is dangerous and in his option, it would be advisable to bring in some road grade fill for the steepest areas this year. He has bids ranging from $4000.00 to $8000.00. He asked members to be aware of the situation and drive with caution. The 2019 Budget could contain additional funds for more work in 2019.
Draft of proposed 2019 Budget – Jim Clay reviewed the Draft of the 2019 Budget noting that expenses are in line with estimated income with the assessment staying the same as last year. Homes currently under construction will pay the full time resident assessment instead of the unimproved lot assessment. This will increase revenue by less than $1000.00. At this time carryover funds cannot be calculated. Bids need to be requested for snow removal and any road work for next year. There are many projects still pending which affect the carryover funds. The Bridge is a major concern. Also it appears that the Association will need to budget for a grant writer. Jim stressed that many of our regular budget items will not increase including the cost of insurance. The premium did not increase even though there was a lawsuit last year.
Members expressed some of their concerns and/or wants to be included in the 2019 Budget:
- Hire someone to maintain the roadsides and the entrance. Larry Job volunteered to mow the sides of the road this year.
- Have a reserve fund.
- Weed control for thistle at the pond and alongside the roads. This should be a yearly budget item. Jeannie Widner expressed concern about musk thistle as well and how to approach neighbors with large areas of this noxious weed.
- Dust abatement yearly
- Grant writer
- More budget items means possible increase in assessment.
- To change the assessment structure from a 3 tier system to all pay the same amount requires changes to the CC&Rs and Bylaws. This would increase revenue.
- In order to keep costs down, it requires volunteer labor. If we have to pay to have work done, the choice must be made to do one thing instead of another. If we choose to pay to have the work done, then the revenue must increase through an increase in the annual assessment.
Rules, Regulations and Guidelines – Pat Le Roy explained that CCIOA requires that the HOA have this new document. Items that were either in the CC&Rs or Bylaws were removed on the advice of the HOA attorney and this new document was then formed. Items in this document are: Use of Motorized Vehicles in Pine River Ranches (the membership voted on this document several years ago); Use of the Pond; Solar Panel Installation (Voted by the membership to be a Bylaws at the 2016 Annual Meeting); Design Committee; and Bridge Use – Liability Insurance Requirement. This document was reviewed and approved by the attorney. There was one question regarding solar panels and it was stressed that solar panels may not be denied within the subdivision but may have reasonable guidelines. This policy applies to solar panels going forward.
Policies and Procedure Document – Pat Le Roy reviewed the document pointing out the different changes required by CCIOA. This document was reviewed and approved by the attorney.
Enforcement – On the advice of the attorney and following CCIOA, a Fines for Violations was developed and has been added as Exhibit A. Fines are considered to be the final step after a period of time in which a violation has not been abated. Shirleen Hendrix asked what a reasonable fine is and the answer is $100.00 per month.
Collections – CCIOA requires that Associations offer a payment plan to all landowners who have liens filed against their property. The plan has to be paid over at least a 6 months’ timeframe. One landowner was offered the payment plan but refused it. Another landowner has accepted the payment plan and will begin to make payments over a period of about 8 months.
Records availability – Pat Le Roy mentioned to the membership that most if not all of the Association records dating back to 1988 are stored at her house. She invited any member who wants to review any of the records to contact her. Some records are also available on the website: pineriverranchesloa.com.
Nominations for Board of Directors – Jim Clay said that three current board members have expressed an interest in staying on the board – Jim Clay, Waterman Ormsby lll, and Pat Le Roy. Vicky Mullins said that she would be willing to serve on the Board. Florian Walchak also said that he was willing to serve on the Board as did Stephanie Mc Cain and Chip Burkett. 7 names are on the ballot with the 5 receiving the most votes to be the Board for the next year. O. D. Perry moved that nominations be closed, second by Carol Davis. Vote to close the nominations was unanimous. Ballots were distributed to the members. Ballots were collected and tallied by Barb Wickman, Angela Diedrich, and Terri Bonham.
Jim Clay announced that the hamburgers are ready and is there a motion to adjourn while the ballots are being tallied? Motion to adjourn was made and second. Vote to adjourn was unanimous. The results of the election will be announced once the ballots are all tallied.
The meeting was adjourned.
The results of the election for the Board of Directors was made by Jim Clay while the members enjoyed their hamburgers. The newly elected Board of Directors are: Jim Clay, Florian Walchak, Waterman Ormsby lll, Chip Burkett, and Pat Le Roy.
These minutes were approved by the membership on ________________________.