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Eagle Ranch Property Owners Assoc. Board Meeting – November 4, 2018
Location: Chris Robinson’s home
Called to order at: 12:10 pm
Members Present: Bob Robler, President; Chris Robinson, Vice President; Debby Graham, Treasurer;
Becky Robler, Secretary; Karla Thielbar, Member At Large.
Approval of Agenda: All members present approved the agenda with an addition of the addition of the insurance policy as item 3.
Approval of Minutes: Debby moved to approve the minutes from October 16th as e-mailed to Board Members with corrections. Chris seconded the motion. Motion passed unanimously.
Updates:
- Lot 30 - The title insurance company wants 1. A supplemental affidavit from someone that knows Rocco Culvalt that the he is the same person on the death certificate. Our attorneys are looking into this. 2. A Certified copy of the death certificate - Bob obtained this from California. 3. A release of deed of trust that secured a line of credit from Sovereign bank. Difficult to obtain since they don’t exist any more. But there is a state statute that states that if the deed of trust hasn’t seen any action for 15 years it can be declared invalid. We will get the attorneys to write the public trustee to that effect. 4. A certified copy of a resolution. 5. Warranty deed. These costs will be covered by the purchase price of the land and will apply to the other lot currently for sale.
- Solar Plant - Rocco and Jack explained the stakes along the road. The 2nd red stake is 20 feet, the 3rd red stake is 200 feet and the 4th - green one is ¼ mile. The green one is what they are asking for as a setback. They are also pushing for a fire district to be developed. This would include a building, equipment and a 90,000 water tank and a pipeline from St Charles fire well to fill the tank. They may have to pick up additional land to make up the loss to maintain their output. The county owns adjacent land that may work.
- Open space insurance - Our agreement with St Charles says that we don’t pay them for the use of the open space, but we do provide liability insurance. Our current policy does have a rider that covers them. So, Eagle Ranch Property Member are allowed to use this area. The gate lock combination can be obtained by calling a board member.
Treasurer Report: See attached.
*Correction on the date on the report to “Through October 31st.
*There was a suggestion to include recovery of legal, lien and transfer fees on the balance sheet so members can see that we are recovering these from the property owners that generate them.
*Another suggestion was to explore making the balance sheets and other books electronic using excel. Karla will work with Debby on this.
Business:
- Resolution on Lot 30 – The resolution to allow Bob and Debby to sign paperwork for closing on the land sale was presented. Becky moved we accept the resolution and sign it, Chris seconded, passed unanimously, then signed.
- Grazing – Bob presented a letter we had received from Joe O'brien. Basically, it said we should take care of the cattle guards. Bob read information from the Cattlemen’s association, State statutes, and case law. All information shows that the stock owner, county and vehicles that hit livestock are responsible. Debby read from the lease agreement - item 4 states that the leasee is responsible for all fences, barriers and gates. After discussion it was agreed that the ERPOA cannot and should not take responsibility for the cattle guards. The guards do not meet County standards and are deteriorating. They will be a major expense in the future. They would also be a legal liability. Joe implied that if we didn’t take care of them, gates may be put up across the roads. Because of first responder access, deliveries and residents’ physical limitations, gates that are not automated would be safety and Americans with Disabilities Act (ADA) issues. Bob will draft a letter to Joe stating our position on this issue.
- Bylaws – Bob asked if we should think about changing the bylaws to stagger Board terms? Currently the whole Board could turn over at the same time and this could lead to confusion and lack of carry over. After discussion it was decided this would be a good idea for consistency in the future. Bob will bring forward a bylaw change proposal for the next annual meeting.
Meeting was adjourned at 1:20 pm
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Eagle Ranch Property Owners Association Board Meeting
Date: October 16, 2018, 7:00pm
Location: Main Library, Bret Kelly A Room
Members Present: Bob Robler, president; Debby Graham, treasurer; Karla Thielbar, member at large; Becky Robler, secretary; Mike McDonnell, owner. Absent - excused: Chris Robinson, vice president
Call to Order: 7:00pm
Approval of Agenda: The agenda was approved unanimously without changes.
Approval of Minutes: Debby Graham made a motion to approve the 2-20-18 minutes, seconded by Becky Robler, carried unanimously. After reading the 6-16-18 minutes, Debby made a motion to approve, seconded by Karla, vote passed unanimously. Debby made the motion to approve and post the Annual meeting minutes online to be approved at the next Annual meeting, Becky seconded, carried unanimously.
Updates
1) Lot 30 and 32 - there has been a lot of interest in these lots. Zillow is where most of the referrals came from. There is a contract on lot 30, which we will discuss later.
2) Recent grading report - The routine grading has just been completed. The contractor and Bob will get together soon to talk about improvements to the roads this year. It was noted that Nolan and Eagle Ranch Road had some damage by the cattle guards and culverts due to the rain. Rye telephone did some work there because their culvert plugged up, but they have not cleaned it up. Bob will contact them to finish the job.
3) Industrial Solar Plant (County Commissioner’s meeting 10/16) - Has been tabled for now. The Commissioner’s have heard what the persons’ from St Charles River Estates have been complaining about and are considering ways to mitigate their concerns. Eagle Ranch POA has not taken an official position either way on the development. Any individual can write to the commissioners to voice their views. Karla has heard from Jack Rink, who is part of St Charles River Estates. He is working with the developers to mitigate concerns by asking for a ¼ mile set back from Burnt Mill Road and set up a fire district facility.
Treasurer Report: See attached copies. Note: the legal fees will all be returned to the association through charges to the property owners involved.
Business:
1) Contract on Lot 30 - The offer is for the full $40,000. They are asking for ½ closing costs and a commitment for title insurance. Karla made a motion to authorize both the President and Treasurer to represent the ERPOA, and to sign the contract and all paperwork involved in the closing for lot 30. Becky seconded the motion and it passed unanimously.
2) Delinquency list - The list was presented. The delinquency list is currently down from the $20,000 range to $8,400. Some owners are new to the list with low amounts. There are a couple persons on payment plans. Updated ledgers need to be sent to the attorneys when new charges and assessments are made - at least once a year.
a) Lot 66 Gonzales - in 2013 filed bankruptcy and was ordered to surrender the property. Sovereign bank had a mortgage of $26,000. The Sovereign bank was sold to a Spanish bank - Santander - which has Offices in Spain or Ft Worth. They have not foreclosed on the property. It may have been lost in a crack, but someone has been paying the taxes on the property - it is not on the delinquency lists. Should we contact the bank? Should we foreclose? A motion was made by Debby to authorize Bob to talk to the attorneys and pay their fees to determine the best course of action for us to take concerning Lot #66. Karla seconded the motion. It carried unanimously.
b) No other properties meet the requirements for proceeding with foreclosure at this time.
3) Date for mailing out assessments - Recommendation: send one billing early in the year giving ample time to pay. We currently have 21 people signed up for e-billing. We can also post the billing notice on the Website. A motion was made to send out the assessment billing and past due notices as one mailing on February 1st with a due date of April 1st. Karla seconded the motion and it carried unanimously.
4) Web address domain discussion - Karla: The current website is hosted by HostGator. It costs $45/3yrs to host the domain erpoa.us. The webpage itself cost $250.20. Google has webhosting and would transfer the domain for $12. It costs nothing for the webpage if you have a gmail account. Google also has many more functions than HostGator and is easier to use. Debby made a motion for Karla to transfer the web domain from current one to Google and the ERPOA will reimburse her for any expenses incurred. The motion was seconded by Becky and passed unanimously.
5) Insurance policy, approval for payment - Insurance cost has gone up this year about 20% from $741 to $885/year due to national disasters according to State Farm Insurance Company. Through them we have comprehensive coverage and they were the only company that would insure us when we looked 2 years ago. A motion to pay the insurance bill was made by Debby and seconded by Karla, then passed unanimously.
6) Roads and Bridges
a) Kaitlyn Bridge Update - A soils test was done. Recommendations were given to ARC construction - Wes Faris - who is working on a proposal.
b) Fill needed for bridge work - getting fill from a close property will save money in the construction of Kaitlyn Bridge. If a property owner close to the construction site offered to provide the fill we can offer an incentive of a wavier of assessments for several years - ½ the cost of what it would cost for the company to purchase and haul off-site.
c) Snow Plowing - Reminder: we do not have a contract with anyone to plow snow.
7) Grazing lease, Cattle Guard discussion. Bob has had discussions recently with the rancher and Joe O’Brien about cattle getting out. The Rancher indicated that he thought they were getting out over the cattle guards and these were the responsibility of the home owner’s association. Bob has done some research on the websites of the Cattleman’s association and the State of Colorado. He then told the rancher that cattle guards and fences are the responsibility of Joe O’Brien as the holder of the grazing rights and the rancher as the lease. The county also shares responsibility to fence the cows off the roads since the state law is to fence out, not in. If someone hits a cow on the road the responsibility is primarily the driver, the person responsible for the fence to fence the cows off the road and then the owner of the cows. The lease agreement says the Rancher is responsible for the perimeter fence and the interior fences and cattle guards are never discussed. Joe O’Brien also indicated that if ERPOA purchased the grazing lease we would then be responsible for the cattle guards. Therefore, our stance is the cattle guards are part of the fence and not the ERPOA’s responsibility. Someone cleaned the cattle guards in the past, but it wasn’t the ERPOA.
OTHER: Mike made a suggestion to change the annual meeting date to another weekend so more people will come as this is Father’s day weekend. The Board agreed and will research a better date and time.
Adjournment - 8:10pm
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Eagle Ranch Property Owners Assoc. Annual Board Meeting – June 16, 2018
Location: Rawlings Library, Brett Kelly Room B
Called to order at: 1:40pm
Members Present: Bob Robler; Chris Robinson, Karla Thielbar, Becky Robler, Debby Graham
Agenda: Elect officers
Through discussion it was decided that Bob Robler would remain President, Chris Robinson would remain Vice President, Karla Thielbar would take on Member at Large, Debby Graham would remain Treasurer and Becky Robler would remain Secretary.
Adjourned at 1:50pm
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Eagle Ranch Property Owners Assoc. Board Meeting – February 20, 2018
Location: Rawlings Library
Called to order at: 7:18 pm
Members Present: Bob Robler, President; Chris Robinson, Vice President;Jim Sandusky, Member At Large; Lyndon Newland, Dan Tobin, Mike McDonnell, Cathi Scriven, Horst and Betty Armbrust, Nelson and Jackie Siler, Matt and Karla Thielbar,
Board Members Absent/excused: Becky Robler, Secretary. Debby Graham, Treasurer;
Approval of Agenda: All members present approved the agenda
Approval of Minutes: Jim moved to approve the minutes as corrected. Chris seconded the motion. The motion passed unanimously.
Updates:
1) Foreclosure actions: Lots 30,32,31,70 were turned over to the attorneys for foreclosure to collect on owed assessments. As a result, we have obtained ownership of lots 30 and 32. Those lots are on the market currently. Price was calculated so as not to affect the current market value of other properties. The other two lot owners have worked out payment plans with us.
2) We are seeing more activity on sales. Lot 6 recently sold. Lot 31 is under contract to sell soon. Lot 13 was repossessed by the mortgage holder, who is asking the previous owners to clean up the lot.
3) A new home is being built on lot 17.
4) Questions: What are lots selling for? Some are listed for anywhere from $45,000 to $145,000. Recently lots have sold for $45,000 to $55,000.
Treasurer’s report: Debby is absent, so there is no formal report. Question of when the assessment was coming out has been asked by some members. It will come out after this meeting and combines the original assessment and the special assessment.
Business:
1. Resolution 2018 – 1. Setting fees, Penalties and Collection Policy. Fees need to be approved to cover our administrative costs.
-The filing fee for a lien, amending the lien and releasing the lien are increasing. (please see attached Resolution). -Invoicing is covered in the next section; late charges and interest for late payments are included, along with clarification that collection costs will be borne by the late payor. Payment plans are covered as an option.
- We have added a new property transfer of ownership fee to cover costs of researching property owners contact information.
- Another new item on the resolution: Road use fee. We are trying to collect road use fees from persons who are not lot owners and use our roads for grazing access, or accessing land just beyond our borders, and those that use the roads more than the usual lot owners.
-Complaint and penalty process. In the past we haven’t had a way to address covenant violations. This section spells out the process. If someone is in non-compliance and the neighbors don’t object, a variance can be awarded to allow the non-compliant violation.
-Chris made a motion to approve the resolution and make the effective date March 1. Seconded by Jim. Passed unanimously.
Note: A copy of the Resolution is posted on the website.
2. Entrance Improvements, set date for volunteers, lunch and water for volunteers- Three entrance improvements were completed last year. We have three more to complete this year. It is likely to take all day to complete the improvements to the three remaining entrances with volunteer labor. We would like to provide the volunteers with lunch and drinks for the day since they are saving the association thousands in labor. After discussion, Dan, Mike, Lenny, “Si” Siler, Jim, Bob, Chris volunteered to help. Debby and Becky will arrange lunch for that day. The day for the work to be done will be announced later. Chris made a motion for the Association to pay for lunch for the volunteers, seconded by Jim. Passed unanimously.
3. Roads and Bridges
a. Chip Sealing – Jim looked into this and reported: Davis paving is the only one that works on asphalt and they don’t do chip sealing anymore. We would have to get a contractor from Springs. All the gravel would have to be removed. No one gave a specific price, but it seemed that it would be very expensive.
b. Weed Spraying for 2018 – Jim looked into this and reported: He called several companies who wanted specifics on length of the roads, how wide, and what you wanted to kill. He did not get anyone to come out and give a specific price. Chris added that for the POA members to do it, someone would have to get a special license.
c. Snow Plowing – Heavy plows will tear up the roads when they are wet and soft, so it is best to have a small plow/truck. Currently we do not have a contract with anyone do it. We do have a resident interested in plowing.
d. Kaitlyn Bridge update: We have submitted the plans for a box culvert design to EVRAZ, they have not yet responded. We currently do not have enough money to replace the bridge. The cost is estimated to be $200,000 to $250,000. The bridge is bowed and restricted to 25 tons currently.
4. Delinquent accounts - We have resolved the 4 worst delinquent accounts, therefore it is proposed to go after the next three (Lots 5, 66, 82). All attorney fees are borne by the delinquent land owner. After discussion, Chris made a motion that the POA go after the next 3 delinquent accounts, (Lots 5,66, 82). Jim seconded the motion. The motion was passed unanimously.
Meeting was adjourned at 8:13pm
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Eagle Ranch Property Owners Assoc. Board Meeting – January 12, 2018
Location: Graham residence
Called to order at: 1:08pm
Members Present: Bob Robler, President; Chris Robinson, Vice President; Debby Graham, Treasurer;
Jim Sandusky, Member At Large; Becky Robler, Secretary.
Approval of Agenda: All members present approved the agenda with the addition of combined bills
Approval of Minutes: Debby moved to approve the minutes as corrected. Jim seconded the motion. Motion passed unanimously.
Business:
General discussion: We received payment from the Lot#31 garnished bank acct of just under $700. She has not kept up on her payment plan, so we will be pursuing foreclosure.
1. Combined bills - We agreed to combine the common assessment of $200 and the special assessment of $100. Debby read the statement that will be sent out. Corrections and additions were suggested. Debby will finish the statement and will send to Bob for approval then wait until after the February 20th meeting to send it out.
2. Draft resolution -Fees, Penalties, Charges discussion - The resolution was presented in draft form. Suggestions for revisions were made. Bob will bring the resulting revised draft to the next open meeting for a vote. If anyone has further suggestions, please email him prior to the February meeting.
3. Lots 30 and 32 discussion – We have acquired these two lots and can now sell them. Bob found out the amounts of the most recent sales and what properties are listed for in Eagle Ranch. Sale prices range from $35,000 to $59,000 Recent sales average $44,750 sales price. Listed properties range from $45,000 to $145,000. There is one person expressing interest in the properties currently. It was discussed what amount we should accept for them so as not to undercut property values, but to move them from our ownership in an acceptable amount of time. $40,000 per lot was the amount agreed upon. They will be advertised through email and on the website to the POA members. Signs will be put up on the properties. Web-based platforms will be investigated for advertising as well. Jim made a motion to sale the lots for $40,000 each, Becky seconded. Passed unanimously.
Meeting was adjourned at 2:35 pm
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