Eagle Ranch Property Owners Annual Meeting
Held - June 14, 2008
(Transcribed by Debby Graham)
The meeting was called to order by ERPOA President, Ken Simpson, at 11:05 a.m.
Annual Meeting Disclosure Statement – Read by Teresa Ager
Final Notice of the 2008 Eagle Ranch Property Owners Annual Meeting being held today was given to all property owners of record via first class mailing on May 14, 2008 and details included in the Eagle Ranch Messenger No. 10 – May 2008. The Agenda for today’s meeting includes:
Eagle Ranch Property Owners Association
7th Annual Meeting Agenda
June 14, 2008
Call to order @ 11 a.m. sharp by Board President Ken Simpson
Meeting Disclosure Statement
Minutes of the June 23, 2007 Annual Meeting
Treasurer’s Report
Old Business
o Roads / Bridges Report
o Trail Access - St. Charles River Estates
o Volunteer Fire Department Update
o Trail Access - St. Charles River Estates Update
New Business
o Ratification of 2009 Budget
o 2009 Annual Meeting
o Ballot - New Board of Director’s for 2008 – 2010 Term
Adjournment of Business Meeting
Brief meeting of new Board members to select officers
Lunch served shortly after Business Meeting Adjourns
The minutes to the 2007 Annual Meeting were read by Theresa Ager and stand approved as read.
Cathi Scriven read the Treasurer’s Report, covering the period from 04/01/08 to today (June 14, 2008). The report was accepted as read. (Report follows minutes.)
Old Business:
Roads / Bridges Report by Tom Ossner
A report was obtained from an engineer; since the engineer was not knowledgeable about railroad car bridges, another source was recommended. Note: Several years ago a firm wanted $6,000 just to look.
The Reba Court Bridge is an immediate concern due to erosion on the ditch canal. The Kaitlyn Bridge, an 80 foot span, has no cantilever on the bridge and is more of structural concern, with erosion and some holes. The Nolan Drive Bridge has developed more holes, since repairs were made a couple of years ago.
The Matrix Design Corporation is very familiar with railroad car bridges. The car is strong, but the deck is rotting off; holding water and rusting. Matrix will provide three or four options to improve the structure(s). We have been waiting for the new board to be in place to make a decision about proceeding, due to the expense involved.
In addition, Shadow Lane was never addressed with road base properly; the poor quality, cheaper, round rock, turns to washboard quickly and our sources for material are getting scarce. It was noted that materials have increased in cost from $2.71 to $3.10 this year, plus a fuel surcharge (difference between $3.50 contract price and $5.05 cost of diesel) for delivery of road base, plus the cost of about $120 per load.
T-Zack fractured rock locks together better; it costs about $40 more per load, but it holds up better over time. Our ranch roads have at best about 4 inches of road base and the clay is coming through. The dust that you see is the fines of the road base blowing away. Keeping speeds down is one way to save the road base. Note: The county roads have more than 10 to 12 inches of road base with additional road base added regularly..
Prairie dog activity has been noticed on Shadow Lane, Eagle Ranch Road and the north end of Siegel Way. Eradication of prairie dogs is the responsibility of the individual property owner.
Teresa Ager interjected that several neighbors on Siegel Way discussed their concerns regarding (1) expense and (2) long-term effects of road maintenance. These individuals would like to offer help with road maintenance investigations and finding material and repair options. Ken Simpson requested that Teresa provide the Board members with a written statement of what the neighborhood group plans to provide to the Board. In addition, it was noted that all property owners are welcome and have been encouraged to attend board meetings and provide positive input.
Mrs. Polk offered her tractor to grade the roads, if that would be helpful. It was noted that (1) it would be beneficial only if it were done properly and (2) a volunteer (for free) might not be available when needed, not to mention (3) personal liability.
There was also discussion about grading the roads after a rain and / or adding water during a rain. The need for sufficient moisture to mix and compact the road base was noted.
Theresa Ager made a motion for the Board to entertain ideas on the road and bridge maintenance. It was seconded by Ed Scriven and Nicole Swartwood. Ed Scriven then complimented the board about their good research. He noted that as money gets tighter the homeowner’s want to be part of the process and feel like they have input.
It was again noted that everyone is welcome at every board meeting and input of property owners has been solicited; good ideas come to surface with additional participation. Meeting dates and times are noted in the newsletters, when known at the time of print and posted on the website.
Jim Carlo suggested that property owners assist with road maintenance activities and trash pick-up. He suggested that dates for activity be posted in the newsletter and/or on the website. It was also noted from the attendees that a Neighborhood Directory would be helpful with contacting people.
Regarding the condition of the roads, Ken Simpson requested that property owners drive some of the road on Sikes, Hatchet (East & West), Mountain View and St. Charles River Estates, other Red Creek Ranch developments. In the four associations with gravel roads, he noted that our roads are in the best shape.
Tom Ossner indicated he sent bids to seven vendors, only three responded; and only two bids were received. The winning bid was $1,000 less than the other bid. They are still trying to maintain good quality work, which also helps keep property values up.
Ken Simpson noted that if there is a problem with the roads, it is a slight inconvenience. However, if there is a problem with one of the bridges, it becomes more critical. A problem could close down all activity and restrict movement of propane deliveries, UPS, Fed-X, etc. The bigger problem is that over one-half of lot owners have to cross a bridge. Things are always more complicated than you think – in his experience.
Dan Tobin noted that the group of Siegel Way neighbors offering help would also include bridges and looking at them. Tom Ossner noted that another property owner is an engineer, but there would be too many liability issues for him to assist as an individual.
Cheryl Polk questioned who was responsible for maintaining the cattle guards, since she passes over two cattle guards. The cattle guards work like a mini-bridge. The fence and cattle guards are the responsibility of Mr. Snell, who has the cattle lease and/or Red Creek. Cheryl noted one fence divides her property and that she had received no response from Red Creek.
Ken Simpson noted that he had received two calls in the last two weeks regarding Mr. Snell and the grazing least. It was agreed that the Board would look into the grazing lease and confirm that the lease is recorded. Sections 7.1 and 7.5 of the Covenants indicate the lease is “in perpetuity”.
Trail Access - St. Charles River Estates
Some residents of St. Charles River Estates wanted to deny access of Eagle Ranch property owners to the trail; this has been an ongoing issue for three years now. The Conservation Easement allows guests of Red Creek Ranch, which Eagle Ranch Property owners are considered. Two years ago the Board met with St. Charles River’s Board and agreed to participate in the additional liability insurance associated with the trail and to help maintain the trail. Ken Simpson read a draft letter to St. Charles Board; no objections were voiced.
Cathi Scriven noted that a permission slip had been considered, but it was determined to be just paperwork of no actual legal value. Everyone was reminded that there are wild animals, including bear, and cliffs that you could slip and fall on.
Volunteer Fire Department Update
Ken Simpson recently received a call from the cement plant, GCC of America - Pueblo Plant, regarding their interest in petitioning the County to build a south side fire station. Ken will be attending meetings with representatives of the area developments in the near future.
Fire Protection Feasibility: By Debby Graham
At this time I do not feel that it is feasible for Eagle Ranch to pursue a volunteer fire department on our own, or even with St. Charles River Estates. However, we are hopeful that a recent contact from the Cement Plant regarding a move to petition the County to add a fire station on the South side of the county may provide favorable results in the future.
I visited the Beulah Volunteer Fire Department Open House – May 3, 2008.
I spoke with several of their volunteers and they confirmed, what I already knew, that it is difficult to find (1) adequate staffing and (2) to get donations – since no tax revenue is received. There is considerable training involved, which is completed on personal time – there is no payment for being a volunteer. And (3) having a volunteer fire department does not mean that there would be any benefit on our homeowners insurance ratings and/or premiums.
Their budget is about $17,000 for the year; operating funds come primarily from donations. There are between 25 to 50 regular donors. They do get some small grant money – but nothing substantial. They find grants are a lot of effort for a small return – generally hundreds of dollars, not thousands, and the grants are usually restrictive on what the funds can be used for.
Expenses Include, but are not limited to:
First you must have a building and fire truck(s)
Special Protective equipment and clothing for each volunteer (Helmet, Boots, Jacket, etc.)
Training materials and / or cost of attending specialized training classes
Insurance for fire department - building(s) and equipment
Workman’s Compensation
Fuel
Routine truck maintenance
Building and parking lot Maintenance
Water/ Well; Electricity; Heat (required for equipment safety)
Radio system for communication will all volunteers– they have base units in more than one home.
Telephone system – Beulah’s separate fire dept. number rings in at 6 or 7 different homes. 911 will also contact them if they receive the call.
*Fire Districts are ZONED by the County.* If a volunteer department were formed in the future, it would appear that the County would have to recognize the organization and assign a fire protection territory.
The Pueblo County Sheriff, by law, is the fire warden for wildland fires in the unincorporated areas of Pueblo County, under the PUEBLO COUNTY EMERGENCY OPERATIONS PLAN
FIRE DEPARTMENTS RESPONDING IN PUEBLO COUNTY
Beulah Fire Department Volunteer
Boone Fire Department Volunteer
Bureau of Land Management Paid staff
Colorado Division of Parks and Recreation Paid staff
Colorado Division of Wildlife Paid staff
Colorado State Forestry Paid staff
Edison Fire Department Volunteer
Fort Carson Fire Department Paid staff
Fowler Fire Department Volunteer
Pueblo Chemical Depot Fire Department Paid staff
Pueblo City Fire Department Paid staff
Pueblo Emergency Response Teams Paid Coordinator, volunteer staff
Pueblo Rural Fire Department Paid staff
Pueblo West Fire Department Paid Chief, paid & volunteer staff
Red Creek Volunteer Fire & Rescue Volunteer
Rye Fire Protection District Paid Chief, paid & volunteer staff
Transportation Technology Center Fire Dept. Paid staff
West Park Fire Department Volunteer
08/10/2004 ANNEX N – APPENDIX 1
New Business
Ratification of 2009 Budget:
$300 was proposed for the Common Assessment (annual dues). It was noted that a ballot containing a vote to abstain would count as a No vote. If nothing is received – then there is no vote included in the base; a ballot must be returned.
Changes in legal requirements were noted in prior newsletters covering legal changes. (Senate Bill 05-100 signed into law on June 6, 2005, as amended by Senate Bill 06-089 signed into law on May 26, 2006, primarily amends and adds new provisions to the Colorado Common Interest Ownership Act (CCIOA). It also adopts other new laws, outside of the CCIOA, which affect home / property owners and homeowners associations.)
There was much discussion concerning the proposed budget and indication that Special Assessments would be required in the future to cover known road maintenance expense. Ken Simpson noted that with our current budget we are not building a sufficient reserve to address future expected and unexpected maintenance; the current assessment barely covers current expenses. The target would be to have $60,000.00 in reserve. The $38,000 currently in reserve will be depleted to $8,000 by year-end. Tom Ossner also noted that they prefer to avoid the band-aide effect for repairs. The estimated cost of repairs for the Shadow Lane complex have doubled in just three years, when it was put off to avoid the additional expense. It was the opinion of the majority of the property owners in attendance that they would prefer any special assessment be dedicated to a specific project and that no attempt be made at this time to increase the amount of the annual dues, which would require 62% favorable vote, per Colorado Law.
Mrs. Nedergaard noted that the Board we have voted into office has acted in a very reasonable manner in the past and we should put our trust in them on how they spend the money.
Of the 95 paid properties, 50 ballots were returned. There were 29 Yes and 21 No votes, which equals 58% of the required 62% to increase the budget and corresponding annual assessment. The $200 Common Assessment (annual dues) stands for 2009. A Special Assessment of $100 will apply for 2008.
Ken Simpson noted that there may be a change of venue for the 2009 Annual Meeting. It may be moved to a location in town, due to the work involved in preparing space for the meeting.
Ballot - New Board of Director’s for 2008 – 2010 Term
Nominations were solicited from the floor; all declined. The five members running for the Board were uncontested. Phyllis Acker made a motion that the ballot be ratified; Tom Ossner seconded the motion.
Ken Simpson commended departing board member, Nicole Swartwood, for her four years of service to the Board, noting that she was very good at being the devil’s advocate. He also thanked Theresa Ager for her two years of service and her good recommendations.
The meeting adjourned at 1:00 p.m. Everyone was welcomed to enjoy the picnic lunch. The POA provided the meats, buns, condiments and bottled water. Everyone enjoyed sampling the salads and desserts contributed by those attending.
Note: After the general meeting the new Board met and determined their offices.
Ken Simpson, President Tom Ossner, Vice President
Horst Armbrust, Secretary Cathi Scriven, Treasurer
Alan Lucas, Member-at-Large
If you have an inquiry concerning activity at Eagle Ranch, please contact any member of the Board of Directors, or through The Eagle Ranch Property Owners Association Website at: http://erhoa.org.
Board of Directors
Correspondence to board members, annual dues payments and change of address notices should be addressed to:
Eagle Ranch POA Tom Ossner, President
5000 Nolan Road, Box A-11 719-568-3107 or pres@erhoa.org
Pueblo, CO 81004
Horst Armbrust, Secretary Cathi Scriven, Treasurer
719-676-2641 or secretary@erhoa.org 719-676-3199 or cathi@erhoa.org
Alan Lucas, Member-at-Large Tom Atchley
719-252-7871 or mal@erhoa.org 719-676-3232 or TomA@erhoa.org
Newsletter Editor: Debby Graham
719-676-2964 or news@erhoa.org
ERPOA Board Meetings: Meetings of the Board of Director’s are scheduled for the 2nd Monday of each even numbered month (i.e. February, April, June – Annual Meeting, August, October and December). Property owners can attend ERPOA Board Meetings; however, only board members participate in decision making. Should you wish to introduce a topic at an upcoming board meeting, you must contact a board member prior to the meeting to be included on the agenda.
Meetings have historically been held at the home of a board member. If a large number of property owners wish to attend board meetings, we may have to make other arrangements so that all can participate.
ERPOA Treasurer’s Report
June 14, 2008
Cathi Scriven, Treasurer
Beginning Balance April 1, 2008
US Bank CD $12,447.72
Pueblo Bank & Trust
Checking 7,356.88
Savings 22,007.87
Total $41,812.47
Income: April 1 – June 14, 2008
2008 ERPOA Dues and late fees* $1,575.00
CD Interest ___373.26
Total Income $1,948.26
Expenses:
Roads and Bridges
Spring Grading $4,508.00
Engineer’s consult on bridges 150.00
Newsletter 189.69
Mailing labels – newsletter and treasurer _____8.56
Total Expenses $4,856.25
Ending Balance June 14, 2008
PB&T Checking $2,500.63
PB&T Savings (Redeemed CD of $12,820.98 included) 36,403.85
Total $38,904.48
$41,812.47 + $1,948.26 - $4,856.25 = $38,904.48
* 12 lots have not paid 2008 dues ($2,400 due payable plus late fees, and lien fees if necessary). Also, 2 lots still owe dues, late fees and lien fees for 2007 ($484.00).
Snow Removal: As a general objective, snow removal from the traveled portion of ranch roads will be scheduled when snowfall reaches 4 to 8 inches of depth, dependent upon its moisture content. Please feel free to call any Board Member to report snow depth and moisture conditions at your property, as conditions vary across the ranch.
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webmaster's note: unofficial and partial synopsis of the annual meeting follow. Board-approved minutes of the meeting posted above.
Eagle Ranch Property Owners Annual Meeting
Held- June 21, 2008 at 4723 Burnt Mill Road (Notes by Theresa Ager)
ERPOA President, Ken Simpson called the meeting to order at 11 a.m.
Theresa Ager read minutes of 2007 annual meeting. Minutes stand approved.
Cathi Scriven, Treasurer Reported:
• Beginning balance: See Treasure report.
• Twelve lots unpaid
• $4500 for spring grading
• Treasurer’s report accepted
ERPOA Treasurer’s Report
June 14, 2008
Cathi Scriven, Treasurer
Beginning Balance April 1, 2008
US Bank CD $12,447.72
Pueblo Bank & Trust
Checking 7,356.88
Savings 22,007.87
Total $ 41,812.47
Income: Apr.1, 2008 – June 14, 2008
2008 ERPOA Dues and late fees * 1575.00
CD interest 373.26
Total income $ 1948.26
Expenses:
Roads and Bridges
Spring Grading $ 4508.00
Engineer’s consult on bridges 150.00
Newsletter 189.69
Mailing labels – newsletter and treasurer 8.56
Total expenses $ 4856.25
Ending Balance June 14, 2008
PB & T Checking $ 2500.63
PB & T Savings (Redeemed CD of $12,820.98 included) 36,403.85
Total $ 38,904.48
$41,812.47 + $1948.26 - $4856.25 =$38,904.48
* 12 lots have not paid 2008 dues ($2400 dues payable plus late fees, and lien fees if necessary). Also, 2 lots still owe dues, late fees and lien fees for 2007 ($484.00).
Roads and Bridges Report : Tom Ossner
• Engineer: Darlene of Abel Engineering, upon site inspection, recommends certified railroad car engineer for further assistance. - Matrix Design Corporation
• Matrix Design Corporation as communicated to Tom Ossner reported that there are several options on implementing needed improvements
o One would be to take off road base and replace with wood to reduce weight on bridge.
o Biggest problem is erosion
o Foundation is floating
o Reba Court bridge is in worse condition – dirt around the bridge was not correctly grated.
o Underside of Reba Court bridge needs immediate attention
• Shadow Lane
• It needs proper road base
• Different type of road base
• Road base is getting scare
• Gas prices affect cost
Road and Bridge Committee Motion
• Theresa Ager made a motion to have a road and bridge committee formed. Motion was seconded, third, fourth and finally fifth by Nicole Swartwood.
• Motion was affirmed by a majority of homeowners present
• Committee members named: Brian Bowers, Dan Tobin, Alan Lucas, Ron Swartwood and Mike and Theresa Ager.
• Committee will assist in problem solving, research and compiling information so that more homeowners can be involved in road and bridge spending
• Ken Simpson asked Theresa Ager for detailed report of proposed road and bridge committee responsibilities
• Discussion followed
o Suggestion made by Jim Carlo for volunteers for road, repair and maintenance crew
o Tom Ossner stated that he called seven excavators. Only three responded and of those he received two bids for road grading and maintaining
of roads
o Ken Simpson states that his biggest fear is bridge failure and that half of the homeowners in Eagle Ranch need the bridge for access.
o Ken is also concerned with liability issues
o Dan Tobin stated that he is in favor of having and being on a road committee. He said, “ with more eyes looking at the problem there are more solutions”.
Grazing Lease
• Research needed to find if the lease is recorded or not
Trail Access
• Three year conflict with St. Charles River estates: The end result is that we are guests of Red Creek Ranch. According to Joe O’Brien, owner/developer, we are granted access to trail system only, we are to stay on the trail.
• Eagle Ranch is named as additional insured specifically for our access to trail system
• Letter regarding trail access to St. Charles Board by Ken Simpson – to be attached
Volunteer Fire Department- Debby Graham
• Not feasible
• Need adequate staff
• Considerable training with no payment
• No benefits/insurance for volunteers
• Grants for Volunteer Fire Departments to be in the hundreds, not thousands of dollars
• Need a very expensive 911 telephone system
• Expenses include:
o Truck, gear, training materials, workman’s comp and a building.
• Volunteer Fire Departments are zoned by county, not community specific
Ratification of Budget
o $300 was proposed for annual dues
o Out of 95 dues-paid properties there were 50 votes”
o 29 yes, 21 no
o Vote does not meet majority needed
o Discussion of special assessment
o Special assessment would be specific to projects such as road work/road base on Shadow Lane or bridge work
o Ken Simpson states special assessment is needed for contingency reserve for unforeseen circumstances. The majority of homeowners in attendance were agreeable to a special assessment, but would like to have it earmarked for specific projects.
Election of Officers
• Proposed elect: Ken Simpson, Tom Ossner, Cathi Scriven and Alan Lucas and Horst Armbrust
• Present homeowners voted and accepted above members as officers. These persons will determine their specific office.
• Ken Simpson thanked Nicole Swartwood for serving for four years and Theresa Ager for her service as secretary this past year.
Meeting Adjourned: 1:00 p.m.
New Board met after the regular meeting to determine officers.
President – Ken Simpson
Vice President – Tom Ossner
Secretary – Horst Armbrust
Treasurer – Cathi Scriven
Member-at-Large – Alan Lucas
Eagle Ranch Property Owners Annual Meeting
Held- June 21, 2008 (Notes by Theresa Ager)
ERPOA President, Ken Simpson called the meeting to order at 11 a.m.
Theresa Ager read minutes. Minutes stand approved.
Cathi Scriven, Treasurer Reported:
• Beginning balance: See Treasure report.
• Twelve lots unpaid
• $4500 for spring grading
• Treasurer’s report accepted
Roads and Bridges Report : Tom Ossner
• Engineer: Darlene of Abel Engineering, upon site inspection, recommends certified railroad car engineer for further assistance. - Matrix Design Corporation
• Matrix Design Corporation as communicated to Tom Ossner reported that there are several options on implementing needed improvements
o One would be to take off road base and replace with wood to reduce weight on bridge.
o Biggest problem is erosion
o Foundation is floating
o Reba Court bridge is in worse condition – dirt around the bridge was not correctly grated.
o Underside of Reba Court bridge needs immediate attention
• Shadow Lane
• It needs proper road base
• Different type of road base
• Road base is getting scare
• Gas prices affect cost
Road and Bridge Committee Motion
• Theresa Ager made a motion to have a road and bridge committee formed. Motion was seconded, third, fourth and finally fifth by Nicole Swartwood.
• Motion was affirmed by a majority of homeowners present
• Committee members named: Brian Bowers, Dan Tobin, Alan Lucas, Ron Swartwood and Mike and Theresa Ager.
• Committee will assist in problem solving, research and compiling information so that more homeowners can be involved in road and bridge spending
• Ken Simpson asked Theresa Ager for detailed report of proposed road and bridge committee responsibilities
• Discussion followed
o Suggestion made by Jim Carlo for volunteers for road, repair and maintenance crew
o Tom Ossner stated that he called seven excavators. Only three responded and of those he received two bids for road grading and maintaining
of roads
o Ken Simpson states that his biggest fear is bridge failure and that half of the homeowners in Eagle Ranch need the bridge for access.
o Ken is also concerned with liability issues
o Dan Tobin stated that he is in favor of having and being on a road committee. He said, “ with more eyes looking at the problem there are more solutions”.
Grazing Lease
• Research needed to find if the lease is recorded or not
Trail Access
• Three year conflict with St. Charles River estates: The end result is that we are guests of Red Creek Ranch. According to Joe O’Brien, owner/developer, we are granted access to trail system only, we are to stay on the trail.
• Eagle Ranch is named as additional insured specifically for our access to trail system
• Letter regarding trail access to St. Charles Board by Ken Simpson – to be attached
Volunteer Fire Department- Debby Graham
• Not feasible
• Need adequate staff
• Considerable training with no payment
• No benefits/insurance for volunteers
• Grants for Volunteer Fire Departments to be in the hundreds, not thousands of dollars
• Need a very expensive 911 telephone system
• Expenses include:
o Truck, gear, training materials, workman’s comp and a building.
• Volunteer Fire Departments are zoned by county, not community specific
Ratification of Budget
o $300 was proposed for annual dues
o Out of 95 dues-paid properties there were 50 votes”
o 29 yes, 21 no
o Vote does not meet majority needed
o Discussion of special assessment
o Special assessment would be specific to projects such as road work/road base on Shadow Lane or bridge work
o Ken Simpson states special assessment is needed for contingency reserve for unforeseen circumstances. The majority of homeowners in attendance were agreeable to a special assessment, but would like to have it earmarked for specific projects.
Election of Officers
• Proposed elect: Ken Simpson, Tom Ossner, Cathi Scriven and Alan Lucas and Horst Armbrust
• Present homeowners voted and accepted above members as officers. These persons will determine their specific office.
• Ken Simpson thanked Nicole Swartwood for serving for four years and Theresa Ager for her service as secretary this past year.
Meeting Adjourned: 1:00 p.m.
New Board met after the regular meeting to determine officers.
President – Ken Simpson
Vice President – Tom Ossner
Secretary – Horst Armbrust
Treasurer – Cathi Scriven
Member-at-Large – Alan Lucas