Issue #11 November 2008

Eagle Ranch Property Owners Association

5000 Nolan Road, Box A-11

Pueblo, CO 81004

November 2008 —Issue 11

The Official Newsletter of the Eagle Ranch Property Owners Association

A Covenant Controlled Community

Presidents Message:

After careful consideration and primarily for personal and health reasons, I have resigned from the ERPOA Board of Directors, effective September 12, 2008.

I am not one who can easily vacate a commitment and consequently, do not take my decision lightly, but, recent events within the association have persuaded me that I can no longer effectively maintain the level of leadership necessary to properly manage Association affairs.

I sincerely thank those Board members and property owners who have supported me over the four years of my involvement in Association affairs.

Kenneth Simpson

Note: Tom Ossner, Vice President, has assumed the duties of the President. Tom Atchley (Lot 53) has volunteered to fill the vacancy on the Board.

Wishing you a peaceful holiday season

And the happiest of New Years

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

Roads / Bridges Report

Trail Access - St. Charles River Estates

Volunteer Fire Department Update

Trail Access - St. Charles River Estates Update

New Business

Ratification of 2009 Budget

2009 Annual Meeting

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.