Executive Board Meeting

May 27th, 2017

Location: The Residence of Carolyn Dahlgren – 0034 Kings Row Avenue

Board Members in Attendance: Peter May, Carolyn Dahlgren, GR Fielding and Krystle Beattie (recording secretary)

Homeowners in Attendance: Carol Nieuwenhuizen, Adam Sahnow, Lee Leavenworth, Tom Hazard, Susan Cuseo

Professionals in Attendance: Leslie “Gay” Lewis representing Missouri Heights Mountain Meadows Irrigation Company

1.  The Meeting was called to order at 7:10pm – To accommodate the professionals and homeowners in attendance, the meeting did not follow the timeline of the agenda.

2.  Middle Ditch – MHMMIC Board Member: Gay Lewis

a.  Middle Ditch was compromising the home on Lot 9. Gay said that Dick Wells asked MHMMIC to ‘straighten’ ditch when he was Board President. MHMMIC could not get to project until 2017. The cost to straighten the ditch was $1,500.00 over the budgeted amount. MHMMIC is requesting that the Kings Row HOA, in a good faith effort, pay ½ of the overage. According to MHMMIC the erosion of the ditch was caused by someone, maybe the previous owners of Lot 9, placing a damn in the ditch. MHMMIC began the work on Lot 9 before speaking to the homeowners or Board. The Board requests that MHMMIC contact the HOA President before doing work so that the HOA can advise affected lot owners.

b.  Carolyn Dahlgren handed out Art. VII.A.1 of the By-Laws of MHMMIC for the Board to review.

c.  Ditch runs from Aspen Mountain View, through Spring Park, across driveway at Linda Lamas, through Hunt Ranch & Kings Row and ends at the divide box. Someday Ranch and Sterling Ranch have individually owned pipes.

d.  Kings Row has 211 “B” shares. Gay stated that the measuring device at our head gate is antiquated. The HOA currently does not use all allocated water.

i.  Gay Lewis suggested building a holding pond. Lee Leavenworth confirmed that CO laws allow for “irrigation regulating ponds,” without going to Water Court to get a “storage right.” Problems with pond: (1) cost (NRCS?) and (2) Where would be locate the pond? Table for future meeting.

ii.  The group discussed the variability from lot to lot in ditch usage and the fact that some lots need individual pumps in order to get ditch water at all. Tom and Gay and Lee, primarily, discussed the possibility of using less water per day and stretching out our 211 shares over more total days each season. Kings Row would need the cooperation of other B class shareholders to make such a “call” on the ditch. Table for future meeting.

e.  GR Fielding motioned to pay $750.00 towards the straightening of ditch on Lot 9 property after the irrigation company agrees to reseed; Peter May second. Assignment: Carolyn Dahlgren to write a letter stating that the HOA will pay $750.00 after the irrigation company reseeds. Do not pay until that has happened.

f.  Board is concerned with weed control on newly disturbed areas on Lot 9 and on ditch bank. Gay Lewis does not see growth of noxious weeds as an issue about which the ditch company is concerned.

3.  Approval of April 12, 2017 Minutes – Peter May motioned to approve minutes as is; GR Fielding second; all were in favor.

4.  Well No. 2 – is a poor performer - replaced pump and motor in 2011 at cost of about $2,000.00. Pump saver – override system to keep from overheating – replaced this year at a cost of $750.00. * JUNE MTG: on top of 1988 costs of around $18,000.00.

5.  CDPH&E

a.  EPC received a letter from the state stating that the HOA is out of compliance on “design review” after well # 4 “completed,” original Well No. 1 was plugged and abandoned, and changes were made to pump house and electronics to accommodate the new Well No. 4.

i.  Dick Wells and prior Board members apparently did not know that additional items needed to be filed with CDPH&E. Required reports were filed with State Engineer’s Office in the Department of Natural Resources. New as-built needs to be completed for well 4. Site plan and as-builds got dropped in 2011. The notes from 2011 were between Scott Leslie & Dick Wells – when Scott retired he handed over our HOA work to Alan Leslie. Alan may have dropped the ball. Alan, however, told Zancanella that Dick Wells did not want to spend the money – the minutes do not reflect that statement.

ii.  Carol reported that the 11/2012 meeting minutes showed that EPC performed the 1st water quality test on well 4 and were waiting on the state to get back to HOA – never hear back – Board thought the state might waive further testing in 2011.

b.  HOA needs to request an extension from CDPH&E. Lee Leavenworth stated that he agrees with Zancanella that if CDPH&E does not extend, the HOA would be better off shutting down Well No. 4 instead of being in a “corrective action” process with CDPH&E.

c.  After as-builds and water quality testing complete, the Board may need to have new contract talks with both EPC and the engineering firm or consider doing an “rfp” for new contractors.

6.  Water Tank Cleaning & Painting 2015

a.  The HOA did not obtain a permit for the water tank painting in 2015. Tony with Zancanella told Carolyn hat we should have done so. Carolyn Dahlgren did a small amount of research and believes that the regulations were put into place in 2016, after the tank painting project was completed. John Erickson of CDPH&E suggested to Carolyn that the HOA send a letter telling the design section of CDPH&E what paint was used and the cure time. Peter May confirmed that we used the right kind of paint – “TNEMEC.” Assignment: Carolyn Dahlgren to ask HOA attorney to find regulations regarding the need for a painting permit and draft the letter.

b.  EPC wrote a letter to Zancanella stating that a distribution system port (valve) got removed during the painting project. The port was there to allow testing of treated/chlorinated water from the exterior of the tank, before it is circulated around subdivision; otherwise first house has to be tested. Assignment: Krystle Beattie to pull bills from tank painting project to determine who might have removed the port. Carolyn to do follow – up phone calls. *JUNE – Zancanella told me about problems with “first house” process; we got proposal from Samuelson, but Z says hydrant may not be accepted by State.

7.  Curb Stops

a.  According to the 1991 minutes the curb stop valve belongs to the individuals not the HOA, and, the HOA has responsibility for everything “on the other side” of the CS Valve. HOA is responsible even if the line goes under a surfaced road to the main on the other side of the road and HOA responsible for the main and the actual “tap,” once made by lot owner (or original developer). Assignment: GR Fielding to reach out to water operators he knows to see how they handle curb stops and, specifically, what rights as the water operators they have to enter private property to maintain lines and equipment that are responsibility of HOA. Tabled for further discussion.

b.  Assignment: Krystle Beattie, Tom Hazard and Carolyn Dahlgren will work to get request out to the homeowners who have not responded about location of CSs.

c.  Tim T. is still willing to place blue flags on CS where lot owner has described the actual location.

8.  Cross Connection Update – the suggestion is: no response = no water – lock or remove valve handle until the homeowner proves that there is no cross connection potential or, if there is a possible cross connection, that a testable back flow device is in place.

9.  ARC

a.  Bader, Lot 7 – Approved: Peter May motioned to approve; GR Fielding second.

b.  Ashton/Bell, Lot 8 – Approved: GR Fielding motioned to approve; Peter May second.

c.  Friends of the Aspen Animal Shelter, Lot 49 – voting on metal storage shed between house and garage. ARC denied application as it was presented – ARC felt they needed more information on the application (i.e. location and exact shed). Denied: Peter May motioned to agree with ARC and deny approval as presented; GR Fielding second. Assignment: Adam Sahnow to meet with Friends of the Aspen Animal Shelter Exec. Director/resident, if need be. Carolyn to write follow-up letter.

d.  Lot 9 – application has not been received.

e.  Lot 1 – story pole was put up to verify that the garage will not impede neighbor’s views of Sopris. Approved: GR Fielding motioned to approve, Peter May second.

10.  Next Meeting – June 21st at 7:00pm – Peter May’s Residence.

11.  Adjournment at 9:30pm

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