March Meeting Minutes

SHENANDOAH HOMEOWNERS ASSOCIATION Meeting Minutes March 12, 2009 Final

The meeting was held at Joe and Leetra Jurkens home in Shenandoah the meeting was called to order by Kurt Smith at 6:45 pm. In attendance were Kurt Smith, Joel Jurkens, Bob Woods, Rise Holt, Sheff Wilder, Jim Mackay, Rick Fawley, Connie Fawley, Jeff Wagner, Terry Burke, Erica Chopich, Gene Bradley, Bill Vaughn, Jigger Staby and Leetra Jurkens. Personal introductions were made by each member attending.

Minutes Approval The previous board minutes were approved by Kurt Smith and seconded by Leetra Jurkens.

Coyote Shooting Incident Kurt introduced Erika Chopich and she shared her personal account of the coyote shooting. She stated that she witnessed the shooter make multiple shots at two coyotes on her property. Then she observed the shooter drive down to the Highlands mail structure and park. Presumably to retrieve mail. Erica stated that she had a telephoto lens on her camera and was able to take a series of photos from her home of the vehicle of the shooter. The vehicle was a white suburban with a black push guard attached to the front grill. She called the police and Officer Todd Hitti and Corporal Bivens responded and made a report. Erica announced that she will prosecute and Jim Mackay agreed that he would do the same. Jim stated that he found the carcass of the coyote was on his property. A member suggested that the Department of Wildlife be contacted. Erica agreed that she had planned that as her next step. Kurt denounced this as a brazen act of trespassing and Rise voiced her concern for the safety of those who walk with or without dogs in the neighborhood. If notified,Terry offered to help track down the shooter at the Highlands mail structure which is in close proximity to his home. Jigger encouraged Ericka to talk to the police officers again and press for immediate action to this incident.

Emergency Evacuation, Fire Mitigation and Radon Education Jigger Staby and Bill Vaughn requested some time at the annual HOA meeting to update members awareness for the need to improve our emergency evacuation plan. Further, Jigger stressed that we need to continue to keep our evacuation lists current. Jigger reported that Shenandoah is at moderate risk for fire because of the perimeter of treeless meadow acting as barrier around our development. Nevertheless, Jigger

stated that fire mitigation on every property would be in the best interest of each owner in case of fire. Bill shared that he has information on the best way to control gamble oak. Terry agreed with the necessity of a clear plan with sensible strategies during a fire emergency. Further, Terry informed the group that fire trucks will not come to a house that has low lying tree branches as they could entangle the equipment nor will the firemen drive their trucks into properties lacking adequate turn around for the fire truck to make an exit. Jigger Staby and Bill Vaughn informed the attendees that we have a serious radon problem in La Plata County. Jigger asked that time be allocated at our annual meeting to educate the association about radon hazards. Wendy from an expert on radon would be available to give us general information at the annual meeting. Westwood Lawsuit Terry gave the group an update on the Westwood lawsuit. Once again, John Seibert is representing the association to file an appeal on March 23 for oral argument. If there is no resolve in the case. Then hearing would be scheduled in approximately eight months in Denver. Terry stated that this would mean extra costs to send our attorney. Thereafter, Mr. Westwood would not be able to file any counter claims against the association. Gene expressed the costly nature of the appeals and Rise offered the idea to countersue Mr. Westwood for damages. Terry stated that it would cost the association $2,500.00 to respond to Mr. Westwood's appeal and another $2,500.00 for the oral argument. It is further noted that the association could have settled with Mr. Westwood, but in so doing that it would have exposed many of the homeowners along the ditch to litigation from Mr. Westwood. Kurt encouraged the association to maintain a hopeful attitude while waiting for the negotiating process. Financial Update Gene Bradley distributed copies of the financial statement to the board for review. Gene asked that the first two pages of the financial statement be put on the blog, so all would be able to review the associations financial record. Their was extensive discussion about funds for road repair. Currently, there is no reserve in road repair in 2008. Kurt and Gene estimated the associations future funds with the adjusted increase in dues from the first quarter of 2009. Thereafter Jigger and Gene briefly discussed about how many lots were in the association. There are currently 52. Kurt reminded the group that Gene would like to step down from the responsibility of updating the financial records. If anyone has any experience in computerized bookkeeping this would be a great help to the association. Road Repair Kurt stated that he met with ELAM construction and Matt Leeder construction to assess the roads and gather estimates of repair. Again, Kurt stated that the estimated cost

would be about $149,000 to finish all road repair. The association would need to use two years worth of road repair funds in one year. He expressed a concern about a shortage of asphalt this year in the southwest United States. Gene suggested that we could put 50,000 toward road repair by dipping into account reserves. Sheff Wilder felt strongly that Mr. Robinson should pay for some of this road repair because Mr. Robinson signed a contract to fix the roads during his home construction. Bob and Sheff contended that they have physical proof that Mr. Robinson's construction crew damaged the road in front of their homes. Gene countered that roads that are well built should be able to withstand heavy construction traffic. Kurt admitted that he read the contract with Mr. Robinson and that their is a stipulation about the roads. However, Kurt has not chosen to confront Mr. Robinson because it is difficult to prove. Jigger suggested that we need to approach Mr. Robinson again about repairing the road because of the agreement is legally binding. Jim was concerned about moving toward any legal litigation with Mr. Robinson because it is counterproductive and drains the associations funds. Rick Fawley inquired if Mr. Robinson would consider contributing toward the road funds. The conversation moved forward by Bob Woods to focus on the best approach to get road work completed. Kurt raised the question of accruing debt as a means to fund road repair or to present the idea of a special assessment. Bob and Jigger felt that a special assessment would not pass within the association membership. However, they felt a campaign to get two thirds of the homeowners to approve a loan would be more feasible. Rick Fawley drove home the fact that this problem is not going to go away because of the expansive soils. He stated that the roads will be an ongoing project to some degree every year. Rick offered to get a professional opinion regarding the roads from a business associate. Terry stated that he was willing to investigate a legal background and litigation check on the two road construction companies. Kurt summarized the road repair discussion by restating that the group is leaning toward a loan instead of a special asessment to pay for road construction. Lake Durango Water Authority Bob Woods introduced Jeff Wagner as the new appointed board member of the water authority. Bob gave a brief history of the purchase of Lake Durango from Mr. Johnson. He stated that under Mr. Johnson, Lake Durango water had suffered from deferred maintenance and much neglect. Lake Durango Water Authority is a public utility with a board and oversight by the county. Bob stated that it will be expensive to renovate a troubled lake and to reconstruct it into a viable community water system; however, he stated that if we did not buy it we would not have any water and our home values would be in great jeopardy. Bob explained that a grant from the state for $500,000 will go toward purchasing the lake from Johnson for $2,450.000. Further, Bob explained that the agreement with Johnson is that he would be paid .45 for every 1000 gallons and later $1.30 per 1000 gallons. The Shenandoah HOA needs to understand that their water bill will increase $25.00-50.00 more a month. Every water tap is alloted 350 gallons. The new water system will support 1250 active taps hooked up to the treatment

plant. 1435 taps will maximize this water system. Gene and Bob stressed that there will be a need to seek more water resources in the future. Jeff Wagner asked for 10 minutes to share about the associations new water system at the annual meeting. That statement was noted by Kurt and the association secretary.

Kurt made a quick announcement about the community planting at the front entry which is scheduled for May 9th and May 30th. It was noted that Andie Davison is the contact person if you would like to help out. With no additional business, a motion was made by Kurt Smith and seconded by all in the meeting to adjourn. The meeting was adjourned at 9:00 pm.

Respectfully submitted, Leetra Jurkens SHOA secretary