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Home My WebLink AboutBIGHORN TERRACE BIGHORN MUTUAL SANITATION AND RECREATION COMPANY MINUTES 2003 TO 2008 BIGHORN MUTUAL SANITATION AND RECREATION COMPANY Minutes of Certificate Holders Meeting : June 21, 2008 The annual meeting of the Certificate Holders of the Bighorn Mutual Sanitbation and Recreation Company was held on June 21, 2008 on the front deck of Ted Stockmar's Unit D-25- 26, in the Cul-de-sac , Bighorn Terrace, Vail, Colorado. The meeting was called to order at 1:10 pm by President Mark Campbell who conducted the meeting. The roll was called with the following Certificate Holders present: Name Unit Certificates Represented Joe Sobin A-3 1 Ronda Woodall D-2 1 Susan& Alan Pachmayer D-4 1 Joe Skolasinski D-5 1 Linda Schindel Moore D-6 1 Kathryn Benysh D-7&8 2 Amy& Chip Domke D-15 1 Pam&Dave Adams D-18 1 Catherine Petros D-19 1 Ginny&Tom Fowler D-20 1 Mark& Sherry Campbell D-24 1 Total 12 The following proxies were received in a timely manner by the Secretary, appointing Allen Pachmayer, and Joseph Sobin, who were present as lawful agents for and with proxies for the following Certificate Holders: Name Unit Certificates Represented Judith May A-1 1 Cherri Higgins &Michael Jones A-2 1 Mark Mills A-4 1 Cynthia Scott A-5 1 Norman& Imogene Cherry A-8 1 Diana Donovan B-4,6,8 3 Courtney& Joe St. Jon D-1 1 Beth&Korry Kuntz D-3 1 Deborah&Johru�ie D. Odum D-9 1 Robert Essin D-11 1 Taggart Howard D-16 1 Francis & Sharon Cassanova D-23 1 Total 14 It was stated at the meeting that legal notice of the meeting had been properly given by Allen Pachmayer, as a member of the Board of Directors, and that a quorum was present. The minutes of the Certificate Holders meeting held June 16, 2007 were reviewed, and a motion duly made by Cheryl Post and seconded by Allen Pachmayer and approved. The Board of Directors nominations were as follows: Joseph Sobin Allen J. Pachmayer Thomas Fowler The following officers were nominated to serve for the following year: President Mark Campbell Vice President Ronda Woodall Secretary Linda Schindel Moore Treasurer Allen J. Pachmayer A motion was made and seconded and the slate was unanimously approved by those in attendance. Mr. Allen Pachmayer, Treasurer of the Company, was present at the meeting and gave the Treasurer's report, dated December 31, 2007 , a copy of which had been appended to the notice of the meeting sent to all of the Certificate Holders. The Treasurer's report was discussed in full and accepted with a motion from Ronda Woodall and a second by Sue Pachmayer. Again, Allen was praised and given a hand for the great job he does as treasurer of the Company, this year and years past. Mark Campbell performed a thorough audit prior to the meeting. The books were found to be in good order. Again, special thanks to Allen Pachmayer and Joe Skolisinski for all the on site work that they do throughout the year. It is through their dedication and caring that the financial and physical matters of the association are in such good order. Allen also sent a gift card of$100.00 each to Ted Stockmar and Joe Hanlon, for their many years of service. They appreciated the gift. A motion was made by Tom Fowler and seconded by Ginny Fowler to accept the Financial Report and it was approved by the members. Allen also reported that the snow plow contract and expenditures from the winter of 07- 08 reflected a savings over the previous year and commended the contractor/neighbor Chip Domke for a wonderful job in an extraordinary snow year. Several members repeatedly praised Chip and he was given two rounds of applause. It was stated he did an exceptional job that allowed the association to not hire a front loader and truck for off site removal. Similar contract arrangements for the upcoming winter will be made later this summer. There was a discussion about the broken split rail fence across from the fire department. After several suggestions, it was decided to put the posts in sleeves that would allow for their removal before the snow season and store 3 sections of the fence on the pond property to prevent ' them from being damaged in routine snow removal. It was noted that this was an exceptional year and the damage most likely resulted from excessive snow load. There was a lengthy discussion regarding tenant parking at the pond house. A car was left unattended and it created a difficult situation for snow removal and trash removal. It was stated that the occupant of the lower level could not have more than 1 vehicle and this would be strictly enforced this coming winter. Diana Donavan, by memo, and occupants of Building B felt the parking area was clearly impacted by this problem. It was also suggested to explare the cost to pave the existing gravel area between Buildings' A&B. It was stated by Allen the rents for the pond house are currently$1,100 for the upper unit and $925 for the lower unit with tenants paying all utilities. He also reported the current occupants are stable and timely when paying their rent. It was agreed that a good tenant is worth a lower rental fee in the long term. The rental fees will not be raised. The necessary repairs of common property include the rock retaining wall at the pond not to exceed $25,000.000, an estimated $15,000 for the slurry sealing of the paved areas and an unknown amount for the floor repair in the pond house for this calendar year. Allen will obtain bids for the sealing and floor repair. Allen assured everyone would be given notice when the sealing project will begin. These items were carried over from the previous year. The large lodge pole pines around the pond have been and will continue to be on a regular spraying schedule to prevent them from succumbing to the pine beetle infestation. The continuing job of monitoring the water supply and beaver activity in the pond was discussed. The beavers are active and destructive creatures and their presence needs to be watched to guard against further damage. The association has purchased a trap for use if activity is observed and it was noted that there is currently a large beaver and muskrat inhabiting the pond : and the trap has been set and monitored by Gordon Rowe. : There was a brief summary of last year's discussion regarding the rock wall repair, the integrity of the building, the assessment of the damage and anticipated repairs, the extent of the repair and need for permits and the estimate from a contractor. Joe Sobin, Board Member from Building A, will work to coordinate this repair effort. New member, David Adams, aka Dr. Dirt who is a geo-technical engineer, will be happy to lend his expertise in evaluating the proposed repair. Another matter of business addressed the analysis, recording and storing of documents relating to the development and structure of the company. These documents were recently , handed over from Allen Pachmayer and Ted Stockmar to Tom Fowler. It was suggested that Cheryl Post, a former colleague of Ted, and Tom Fowler try to arrange a meeting and identify and clarify issues that are important to the business of the company. Cheryl Post was willing to pursue this business. After this is done, then all relevant minutes and documents should be filed with Eagle County. This is still pending and hopefully will be completed this calendar year. The company does have the ability to reissue stock certificates to those who never received a certificate. There have been several inquiries regarding this matter. It would not be appropriate, however, to cancel and reissue all certificates. Anyone who is interested in receiving a stock certificate is asked to make a formal request in writing to the association. The Town of Vail Department of Community Development had suggested in 2007 that the company obtain an"as built" survey using the existing plat and file it with the Town of Vail and the county to give notice to prospective buyers and current owners that the paved areas are seen as dedicated parking and private land paved over in 1980 is not retrievable. This survey would also reflect all utility and access easements. A motion was made last year to get an estimate for this work. Linda Moore obtained an estimate for $1,700 and the survey was completed. There was debate as to its relevance. After a brief discussion, the decision was made to file the survey with other relevant documents to put prospective owners and buyers on notice of the existing circumstance relating to parking and paved areas. Kathryn Benysh stated she inquired about burying the utility lines. This has been a topic of discussion over the years and she was told by a neighboring complex who is currently doing it that a program was available that allowed payment in 3 parts, one by the land owners, one by Holy Cross and the other by the Town of Vail. It was decided to informally explare this information for further discussion in the future and if possible, to pay the land owner fees with association funds. There was a discussion about the ongoing dog problem in D-16. Kathryn Benysh volunteered to write a letter on behalf of the association to the owners, copying the tenants, and citing the Town of Vail Ordinances relating to waste removal from one's pet. There being no further business to come before the meeting, upon motion duly made, seconded and approved,the meeting was adjourned at 2:25 pm. � __� � Linda Sc ' del Moore, Secretary J BIGHORN MUTUAL SANITATION AND RECREATION COMP ANY Minutes of Certificate Holders Meeting June 16, 2007 The annual meeting of the Certificate Holders of the Bighorn Mutual Sanitation and Recreation Company was held on June 16, 2007 on the front deck of Ted Stockmar's Unit D-25- 26, in the Cul-de-sac , Bighorn Terrace, Vail, Colorado. The meeting was called to order at 1:00 pm by President Mark Campbell who conducted the meeting. The roll was called with the following Certificate Holders present: Name Unit Certificates Represented Joe Sobin A_3 1 Cindy Scott A_5 1 Kathy Wilson A_7 1 John Donovan B-3 1 Joe St. John D-1 1 Alan Pachmayer ll_4 1 Linda Schindel Moore D-6 1 John& Debbie Odom D-9 1 Gary& Cheryl Post D-10 1 Bob Curfman D_13 1 Howard&Ginny Sherr D-1'7 1 Mark& Sherry Campbell D-24 1 Total 12 The following proxies were received in a timely manner by the Secretary, appointing Allen Pachmayer, and Joseph Sobin, who were present as lawful agents for and with proxies for the following Certificate Holders: Name Unit Certificates Represented Judith May A_1 1 Norman& Iznogene Cherry A-8 1 Diana Donovan B-4,6,8 3 Kerry Donovan B-5 1 Ronda Woodall D-2 1 Joseph& Lauraine Skolasinski D-5 1 Robert Essin D-11 1 John&Barbara Chambers D-12 1 Taggart Howard D-16 1 Catherine B. Hoover Petros D-19 1 Neal Llewellyn D-21 1 Mary Sue Hockmuth D-22 1 Francis & Sharon Cassanova D-23 1 Ted Stockmar D-25,26 2 Total 17 It was stated at the meeting that legal notice of the meeting had been properly given by Allen Pachmayer, as a member of the Board of Directors, and that a quorum was present. The minutes of the Certificate Holders meeting held June 17, 2006 were reviewed, and a motion duly made by Cheryl Post and seconded by Allen Pachmayer and approved. The Board of Directors nominations were as follows: Joseph Sobin Allen J. Pachmayer Thomas Fowler The following officers were nominated to serve for the following year: President Mark Campbell Vice President Taggart Howard Secretary Linda Schindel Moore Treasurer Allen J. Pachmayer A motion was made and seconded and the slate was unanimously approved by those in attendance. Mr. Allen Pachmayer, Treasurer of the Company, was present at the meeting and gave the Treasurer's report, dated December 31, 2006, a copy of which had been appended to the notice of the meeting sent to all of the Certificate Holders. The Treasurer's report was discussed in full and accepted with a motion from Debbie Odom and a second by Gary Post. Again, Allen was praised and given a hand for the great job he does as treasurer of the Company, this year and years past. The Directors performed a thorough audit prior to the meeting. The books were found to be in good order. Again, special thanks to Allen Pachmayer and Joe Skolisinski for all the on site work that they do throughout the year. It is through their dedication and caring that the financial and physical matters of the association are in such good order. Allen also thanked Ted : Stoclrnlar and Joe Hanlon, who recently sold his interest in Unit A-4, for their many years of service. After a brief discussion, it was decided that a special thank you with a $100 gift card for each would be sent to them expressing the shareholder's appreciation. Allen also reported that the snow plow contract and expenditures from the winter of 06- 07 reflect an average snow fall during this time period, with a minimal increase over last year. Similar contract arrangements for the upcoming winter will be made later this summer. It was stated by Allen the rents for the pond house are currently$1,100 for the upper unit and $925 for the lower unit with tenants paying all utilities. He also reported the current occupants are stable and timely when paying their rent. It was agreed that a good tenant is worth a lower rental fee in the long term. The necessary repairs of common property are not anticipated to be expensive this calendar year. Other than the resealing of all the paved areas and a new floor in the upper unii, repairs will be minimal. Allen will obtain bids for the resealing. The large, dead trees were removed from the east end of the pond area and the hillside access to the pond was completed. The wood chips from the trees were used on the pathway. It was noted that the wood rather than gravel would be a safer material to walk on and would weather better over time. The continuing job of monitoring the water supply and beaver activity in the pond was discussed. The beavers are active and destructive creatures and their presence needs to be watched to guard against further damage. The association has purchased a trap for use if activity is observed. Again, a lengthy discussion ensued regarding the integrity of the south rock wall of the pond. There was a brief summary of last year's discussion, the integrity of the building, the assessment of the damage and anticipated repairs, the extent of the repair and need ofpermits and the estimate from local contractor, Mike Baskins. Last year, after a discussion between Linda Moore and JR Mondragon, TOV Community Development, it was stated the work could be accomplished as a repair, not requiring permits and done with routine equipment and processes. It would entail shutting off the water to the pond to lower the water level but not draining the area, and repairing the existing wall structure. John Odom was willing to look into this matter and help assess the need and type af repair. Joe Sobin, Board Member from Building A, will work to coordinate this repair effort. Another matter of business addressed the analysis, recording and storing of documents relating to the development and structure of the company. These documents were recently handed over to Allen Pachmayer from Ted Stockmar. It was su�gested that Cheryl Post, a former colleague of Ted, and Tom Fowler try to arrange a meeting and identify and clarify issues that are important to the business of the company. Cheryl Post was willing to pursue this business. After this is done,then all relevant minutes and documents should be filed with Eagle County. It is to be made clear that no self appointed individual represents the business of the , company, only the designated representatives such as BOD members and Officers. Common areas are open to all members and it was noted that we need to respect those who share our ' common areas. The company welcomes the use of the pond by the Town of Vail firefighters who reside on the "reverter" property across the street from the pond. Also, not only children but adult members who want to throw a line into the pond and catch and release are welcome,too. The company does have the ability to reissue stock certificates to those who never received a certificate. There have been several inquiries regarding this matter. It would not be appropriate, however,to cancel and reissue all certificates. Several comments were made regarding the new wildlife resistant containers and new ordinances that were passed that went into effect spring, 2007. Those ordinances will be actively enforced. It was encouraged that all members be careful and dispose properly of their trash so as not to attract wildlife. It was conf'irmed a mountain lion was spotted in the neighborhood. For those part time residents who might have an interest in sharing the use and expense of the dumpster that is currently shared by Buildings A&B,please contact Joe Sobin. The Town of Vail Department of Community Development had suggested the company obtain an "as built" survey using the existing plat and file it with the county to give notice to prospective buyers and current owners that the paved areas are seen as dedicated parking and private land paved over in 1980 is not retrievable. This survey would also reflect all utility and ' access easements. A motion was made last year to get an estimate for this work. Linda Moore obtained an estimate for $1,700 to complete this survey and presented it to those in attendance. There was debate as to its relevance. After this discussion, Allen Pachmayer made a motion to proceed with a survey of the cul-de-sac. The decision to file or not to file the survey would be made in the future when other relevant documents are filed with the county. Debbie Odom seconded and it was passed by those in attendance. Some general housekeeping discussions involved maintaining the appearance of owner's property and the necessity to keep the bottle neck located at the east end of the cul-d-sac unblocked for safety reasons. There being no further business to come before the meeting, upon motion duly made, seconded and approved,the meeting was adjourned at 3:00 pm. � Linda Schindel Moore, Secretary � ' BIGHORN MUTUAL SANITATION AND RECREATION COMPANY Minutes of Certificate Holders Meeting June 17, 2006 The annual meeting of the Certificate Holders of the Bighorn Mutual Sanitation and Recreation Company was held on June 17, 2006 at the home of Dr. Joseph Hanlin Unit A-4 , Bighorn Terrace, Vail, Colorado. The meeting was called to order at 1:00 pm by President Mark Campbell who conducted the meeting. The roll was called with the following Certificate Holders present: � Name Unit Certificates Represented Jeff May A-1 1 Cherry Ann Higgins A-2 1 Michael W. Jones Joe Sobin A-3 1 Joe&Jan Hanlin A-4 1/2 Ronda Woodall D-2 1 Alan Pachmayer D-4 1 Joe& Lorraine Skolasinski D-S 1 Linda Schindel Moore D-6 1 Kathryn R. Benysh D 7 & 8 2 Gary& Cheryl Post D-10 1 Bob Essin D-11 1 Bob Curfman D-13 1 Taggart Howard D-16 1 Howard and Ginny Sherr D-17 1 Catherine H. Petros D-19 1 Tom and Virginia Fowler D-20 1 Mark Campbell D-24 1 Total 171/2 The following proxies were timely received by the Secretary appointing Tom Fowler, Allen Pachmayer, and Joseph Sobin who were present, as lawful agents for and with proxies for the following Certificate Holders: Name Unit Certificates Represented Mark Mills A-4 1 Cynthia Scott A-5 1 Lorine B Skaer A-6 1 Carolyn S. Riordon D-1 1 Deborah&Johnnie. Qdtun D-9 1 Neal Llewellyn D-21 1 R E&Mary Sue Hockmuth D-22 1 Francis& Sharon Cassanova D-23 1 Total 8 It was stated at the meeting that legal notice of the meeting had been properly given by Allen Pachmayer, as a member of the Board of Directors, and that a quorum was present. The minutes of the Certificate Holders meeting held October 22, 2005 were reviewed, and a motion duly made by Catherine Petros and seconded by Taggart Howard and approved.. The Board of Directors nominations were as follows: Joe Sobin Allen J. Pachmayer Thomas Fowler The following officers were nominated to serve for the following year: President Mark Campbell Vice President Taggart Howard Secretary Linda Schindel Moore Treasurer Allen J. Pachmayer A motion was made by Bob Essin, seconded by Mark Campbell and the slate was unanimously approved by those in attendance. Mr. Allen Pachmayer, Treasurer of the Company; was present at the meeting and gave the Treasurer's report, dated December 31, 2005, a copy of which had been appended to the notice of the meeting sent to all of the Certificate Holders. The Treasurer's report was discussed in full and accepted. Again, Alien was praised and given a hand for the great job he does as treasurer of the Company, this year and years past. The Directors performed a thorough audit earlier that morning and stated they make very specific inquiries regarding expenditures, and routinely receive detailed explanations. The books were found to be in good order. Tom Fowler stated that the company owes a special thanks to Allen Pachmayer and Joe Skolisinski for all the on site work that they do throughout the year. It is through their dedication and caring that the financial and physical matters of the association are in such good order. Allen also reported that the snow plow contract and expenditures from the winter of OS- 06 reflect the larger amounts of snow fall received during this time period, with an approximate 20% cost increase over last year. Similar contract arrangements for the upcoming winter will be made later this summer. It was stated by Allen the rents for the pond house are currently$1,100 for the upper unit and $925 for the lower unit with tenants paying all utilities. He also reported the current occupants are stable and timely when paying their rent. It was agreed that a good tenant is worth a lower rental fee in the long term. The lower unit recently changed occupants. The previous tenant had ongoing complaints about waste material deposited by unsupervised dogs, primarily from Building B. The discussion was lengthy. In summary, this becomes a business issue for the association by contributing to the loss of a tenant. It also becomes a health matter when waste is not removed and is a violation of the Town of Vail code, 6-4-6 G, Failure to Control Animal, removal of waste material from public or private property. A lengthy discussion ensued regarding this ongoing problem and possible offenders were identified and solutions proposed. As stated in the past, there was a reminder to be considerate of one's neighbors in regards to the emotive issues of animal control and parking vehicles. It was suggested a letter be to drafted to dog owners, reminding them of their responsibilities to their neighbors. The necessary repairs of common property including the wind gust in February that caused damage to the pond house, leaving an upstairs window blown out and a storm door torn off, was authorized. Due to the earlier date of the annual meeting, the pond access proposed with stairs on the north east slope discussed last year was revisited, and a suggestion made by Joe Skolisinski to improve the existing path across the hill to encourage access from the dumpster area between buildings A and B. This would encourage access to the pond across the hillside rather than hetween Units D-1 and D-26, even though it has been an established route for 30 plus years for residents of the cul-du-sac, according to Ted Stockmar, who owns D-26. It was noted this easement should be in writing to provide notice to future owners and to preserve it for future use. He would not grant or recognize an easement on the northeast side of his property, however. Kathy Benysh suggested, for safety reasons, the use of wood chips rather than gravei on this pathway. It was recommended wood chips be used that are generated from dead tree removal in the common areas for this purpose. Bob Curfman motioned to approve this plan and it was seconded and passed. The continuing job of monitoring the water supply and beaver activity in the pond was discussed. The beavers are active and destructive creatures and their presence needs to be watched to guard against further damage. : Jeff May volunteered to purchase, with association funds, 3 park benches made from recycled plastic materials to be used around the pond. Some participants missed the old bench built into the west bridge of the pond. There was a questionraised by Bob Essin as to whether an attractive nuisance wi1T be created by placing benches in the area. "No trespassing, private property" signs are currently posted around the perimeter. A lengthy discussion ensued regarding the integrity of the south rock wall of the pond. All 42 residents own the pond, the adjacent property and are responsible for its upkeep. It was degraded by the beavers and flood of June 2003. Sink holes exist and there was concern for Building A. After consulting with a professional engineer, Joe Hanlin's son, it was established there was not a threat to the integrity of building A. Howard Sheer cautioned that this could evolve into a costly project dealing with retention walis and water issues. Joe Skolisinski agreed to get an estimate frorn Mike Baskins, a local contractor, to proceed with the repair of the rock wall. Joe asserted he has worked with him for many years and he gave an informal assessment to Joe last year regarding this work, adding he thought it could be accomplished with routine equipment and processes. It would involve shutting off the water to the pond to lower the water level but not draining the area, and repairing the existing wall structure. Another matter of business addressed the dead trees on common proper. Ronda Woodall expressed concern about a large, dead tree near her home that she feels is creating a fire hazard. Catherine Petros recommended we adapt a fares�mitigation plan for the area, to include spraying live trees and removing dead trees. Allen and 7oe stated the trees around the pond have been sprayed for several years. They will investigate removing the dead trees and if necessary, contracting with Bob Bernot to take down the larger trees. The wood that is chipped from this project can be used on the proposed path to the pond. Another point of business involved the encroachment onto paved areas in the cul-de-sac. It is Ted Stockmar's position that the pavement has been in place for 25 years and to recapture this as personal property is not valid under adverse possession. Everyone gave up property when the area was paved in 1980. Kathy Benysh disagrees with this position Concern was expressed by adjacent neighbors that if everyone tried to recapture the property that lies under the pavement, we would create access issues for everyone. After a lengthy discussion, this issue was narrowed down to the existing paved areas in the cul-de-sac. Cheryl Post outlined the importance of creating a record for future legal matters, to include the filing of previous minutes and documents that outline the use of the paved areas. A motion was made by Bob Essin stating, the association takes the position there will be no further encroachment into the asphalt areas adjacent to the duplexes in the cul-de sac. The motion was seconded by Bob �urfman. It was suggested by the Department of Community Development at the Town of Vail, that the paved area by surveyed and that survey filed with Eagle County in order to create axecord and give notice that this area is seen as parking area by the association. A second motion was made by Linda Moore to get an estimate for the cost of this project and present this estimate to the directors for examination. It was seconded by Ginny Sheer. A third motion was made by Bob Essin to file all relevant documents, dating back to 1980, including minutes of the association that deal with this paved area. Cheryl Post seconded this motion. All motions passed unanimously with one objection to the first motion by Kathy Benysh. There was one instance where access was blocked to clearing the dumpster between Buildings A& B that occurred last winter. It was noted that the association does have the right to tow a vehicle from common property. It is best to have the appropriate>signs to give proper notice, however. A letter will be drafted to occupants of Building B to address animal control and parking issues. For the record, there were no representatives or proxies from owners in Building B. Some general housekeeping discussions involved maintaining the appearance of owner's property and the necessity to keep the bottle neck located at the east end of the cul-d-sac unblocked for safety reasons. Commercial equipment is not allowed to be parked in the parking � easements on the property according to the by-laws of the association. It would be impossible to : get fire or medical emergency equipment into the area when vehicles park across from D-15. : This matter will be addressed on a case by case basis. It was also stated that owners should not invite friends to park in the area for day skiing. This occurred when the lot was being cleared by a front loader and dump truck. The work was impeded by a vehicle that was left on the premises. All other owners and renters were given notice and had cleared the area for the day. Parking is difficult in the area and free parking is available at the lot just off the east Vail e�t along the frontage road. There was a general consensus that BJ and Gordy Rowe have contributed greatly over the years and should be invited to attend annual meetings and use the common areas. Concern was expressed regarding the changing of the corporate structure regarding the company. Therefare, they are welcome to participate but would not assume any deeded benefits or liability of the corporation. There was a lengthy discussion involving snow removal and the snow dump on the pond property. Allen was going to discuss the repair of the fence that was damaged by the Town of Vail snow plows across from the fire station with Gordy Rowe of Vail Public Works Department. It was suggested by 7oe Sobin that the fence be moved several yards north of the existing road shoulder to avoid damage in the future. Allen will explore this further. In conjunction with that topic, Joe Skolisinski suggested we explore the use of a portion of the pond property for overflow guest parking. This will be explored by Joe and Allen. The need and cost would have ta be analyzed to determ.ine if this would be practical. There being no further business to come before the meeting, upon motion duly made, seconded and approved,the meeting was adjourned at 4:00 pm. , �� Linda Schindel Moore, Secretary BIGHORN MUTUAL SANITATION AND RECREATION COMPANY Minutes of Certificate Holders Meeting � October 22, 2005 The annual rneeting of the Certificate Holders of the Bighorn Mutual Sanitation and Recreation Company was held on October 22, 2005 at the home of Dr.Joseph Hanlin Urut A-4 , Bighorn Terrace,Vail, Colorado. The meeting was called to order at 1:00 prn by Dr. Joseph Hanlin, who conducted the meeting. The roll was called with the following Certificate Holders present: Name Unit Certificates Represented Dr. Joe Hanlin A-4 1/2 Joe Skolasinski D-5 1 Linda Schindel Moore D-6 1 Allen Pachmayer D-4 1 Kathryn R. Benysh D 7& 8 2 Michael Jones A-2 1 Bob Curfman D-13 1 Catherine H. Petros D-19 1 Tom and Virginia Fowler D-20 1 Total 9 �/2 The following proxies were timely received by the Secretary appointing Dr.Joe Hanlin,Tom Fowler and Allen Pachmayer, who were present, as lawful agents for and with proxies for the following Certificate Holders: Name Unit Certificates Represented Judith May A-1 1 Norman Cherry A-8 1 Beth and Kerry Kuntz D-3 1 Gary and Cheryl Post D-10 1 David E. and Nonnie E. Cooper D-18 1 Ted& Suzanne Stockmar D-25 &26 2 Ronda S. Woodall D-2 1 Lorine B Skaer A-6 1 Mark Mills A-4 1 John Chambers D-12 1 Estate of Harriet Lubchenco D-14 1 William Robert Essin D-11 1 Deborah E. Odum D-9 1 Elyse&Taggart Howard D-16 1 Joe Sobin A-3 1 Total 16 It was stated at the meeting that legal notice of the meeting had been properly given by Joe Hanlin, as a member of the Board of Directors, and that a quorum was present. The minutes of the Certificate Holders meeting held October 23, 2004 were reviewed, and a motion duly made by Jenny�'owler and seconded by Michaei Jones and approved.. The Board of Directors nominations were as follows: Joe Sobin Allen J. Pachmayer Thomas Fowler The following officers were nominated to serve for the following year: President Mark Campbell Vice President Taggart Howard Secretary Linda Schindel Moore Treasurer Allen J. Pachmayer A motion was made by doe Hanlin and the slate was unanimously approved by those in attendance. It should be noted that Mark Campbell was not present at the meeting but agreed the following day to serve as president. Dr. Joseph Hanlin announced that he would resign from his role as a director after 33 years of service. He enjoyed his roll and is actively encouraging other members to}oin in active participation as an officer or director. He reflected on the many good neighbors in Bighorn Terrace and how things always got done when needed. Allen Pachmayer and all those present praised the work of Joe Hanlin and his many contributions over the years. Dr. Hanlin has been in communication with Ted Stockmar who has agreed to continue to serve as an advisor on legal matters pertaining to the company. A special thanks to Ted for his continuing work. Mr. Allen Pachmayer,Treasurer of the Company,was present at the meeting and gave the Treasurer's report,dated December 31, 2004,a copy of which had been appended to the notice of the meeting sent to all of the Certificate Holders. The Treasurer's report was discussed in full and accepted. Allen was praised and given a hand for the great job he does as treasurer of the Company, this year and years past. The improved financial health of the company was praised. Allen also reported thax a snow plow contract has been secured and the terms have changed from the previous year. The rate reflects a substantial increase over last year to $5,200.and the prepaid discount decreased that fee by 10%to approximately$4,800. It was stated the rents for the pond house are currently$1,100 for the upper unit and$925 for the lower unit with tenants paying all utilities. Joe Hanlin commented that Allen does a good job in screening tenants and the current occupants are stable and timely when paying there rent. It was stated that a good tenant is worth a lower rental fee in the long term. Repairs of common property including painting of the pond house and rebuilding the foot bridge at the west end of the pond were completed u�der the direction of Allen Pachmayer and Joe Skolisinski. A gracious thank you was extended to both for their ongoing contributions to the upkeep of the common property. The continuing job of monitoring the water supply and beaver activity in the pond was discussed and encauraged by home owners when enjoying the pond in an effort to guard against further damage by these two elements of nature. The Board of Directors serves as the audit committee of the Company. The committee, composed of Joe Hanlin and Tom Fowler, reported that it had conducted an audit of the books and records for the last calendar year and had found everything to be in ozder. It was again stated that Tom Fowler takes this responsibility very seriously and in detail. The Board of Directors will continue as the Audit Conunittee of the Company. This audit is done to protect the Company and to protect Allen in his role as treasurer. Kathy Benysh moved to accept the report and Jenny Fowler seconded. The desirability of stairs or cribbing on the east end of the pond was revisited. Ted Stockmar, in his legal opinion, stated in writing to Joe Hanlin that the easement does exist and has existed for 30 plus years,is valid and would stand in a court of law. There are currently a few stairs, installed by the Stockmars,to assist in descending to the pond and help prevent erosion of ' soil and vegetation.This is adjace�t to the Stockmar's personal property which does not extend far from the house. The stairs would be located primarily on common property. He would not, however, grant an easement on the south/east side of his property. Joe Skolisinski and Allen Pachmayer will supervise the installation of additional stairs to the pond on the east side of the pond between Stockrnar's and Riordan's in the spring of 2006. Bob Curfman moved ta proceed and Michael Jones seconded. Joe Hanlin did obtain from Ted Stockmar all historical documents that Ted had in his custody since the begiruiing of the development. Allen Pachm.ayer is now in possession of those documents. This includes reverter information pertaining to the East Vai�Fire Station property which was discussed again at the meeting. A lengthy discussion ensued regarding the integrity of the south rock wall of the pond. A1142 owners own the pond,the adjacent property and are responsible for its upkeep. It was degraded by the beavers and flood of June 20Q3. Sink holes exist and there is concern for Building A. It was discussed and decided that a professional engineer would l�e enlisted to give an opinion as to the proper repair of the retaining wall. Joe Hanlin and Joe Skolisinski are pursuing this information. After collecting the needed information,the BOD was authorized to proceed with repairs if those repairs did not exceed$25,000. If the estimates exceed$25,000 a special meeting of the association would be called. It was also stated by Joe Hanlin that Building A would contribute additional dollars if needed since they benefit the most by proximity to the pond. After discussing the Beaver issue, it was decided to purchase a live trap and contract with Gordon Rowe to store the trap, and trap the Beavers that enter the pond to mitigate the damage caused by these active creatures. They would then be relocated to a more Beaver friendly area, such as Homestake or Gypsum Creek drainages. Another point of business involved the encroachment onto paved areas in the cul-de-sac. Kathy Benysh desires to place planters in front of her property that would cover existing pavement. It is Ted Stockmar's position that the pavement has been in place for 25 years and to recapture this as personal property is not valid under adverse possession. Everyone gave up property when the area was paved in 1980. A concern expressed by adjacent neighbors was that if everyone tried to recapture theirproperty that lies under the pavement,we would create access issues for everyone. It is her position that it is her property and she never intended to vacate it. It was encouraged by Joe Hanlin that the parties most impacted meet to resolve this issue. It was decided to draft and send a letter to all members regarding same ongoing housekeeping issues as well as inform members about the scheduTed meeting in June of 2006. The first matter involves maintaixung physical(leash)or immediate(voice)control of dogs on common property and picking up waste material after dogs. There have been several complaints to Allen Pachmayer about this matter, especially from tenants at the pond house.The second matter involves parking during winter months. Vehicles left unattended during snow plowing in the paved areas or those parked on common property(the unpaved area in front of the dumpster between Buildings A&B) can be towed by the association. There were also concerns expressed about ongoing construction on D-15. Allen Pachmayer and Linda Moore will draft a letter to the owner,Bob Bemot,regarding his timetable. Tt was also suggested,that in order to get better participation at annual meetings, the date be changed to the third Saturday in June. The first such meeting would be June 17, 2006. This would be the scheduled annual meeting, a potluck picnic to follow and a clean up day at the pond. Another matter discussed was the issuing of certificates for ownership of comrnon property. Some members haue certificates while others have never received one. Joe Hanlin reassured everyone,even if you do not possess a certificate, you are still an owner. There was some discussion about reissuing all certificates since many contain errors but there was no final ' decision made at the meeting. There being no further business to come before the meeting,upon motion duly made, seconded and approved,the meeting was adjourned. Linda chindel Moore, Secretary ✓ BIGHORN MUTUAL SANITATION AND RECREATION COMPANY Minutes of Certificate Holders Meeting October 23, 2004 The annual meeting of the Certificate Holders of the Bighorn Mutual Sanitation and Recreation Company was held on Qctober 23, 2004 at the home of Dr. and Mrs. Joseph Hanlin Unit A-4 , Bighorn Terrace,Vail,Colorado. The meeting was called to order at 1:OQ pm by the Vice-president, William Robert Essin. The roll was called with the following Certificate Holders present: Name Unit Certificates Represented Joseph Sobin A-3 1 Dr. Joe and Jan Hanlin A-4 1/2 Kathy Wilson A-7 1 Linda S. Moore D-6 1 Allen Pachmayer D-4 1 Kathryn R. Benysh D 7& 8 2 Debbie Odum D-9 1 William Robert Essin D-11 1 Hope Curfman and Bob Curfinan D-13 1 Elyse and Taggart Howard D-16 1 Catherine H. and Raymond L. Petros,Jr D-19 1 Tom and Virginia Fowler D-20 1 Mark and Sherry Campbell D-24 1 Total 13 'h The following proxies were timely received by the Secretary appointing Dr. Joe Hanlin, Tom Fowler and Allen Pachmayer,wha were present, as lawful agents for and with proxies for the following Certificate Holders: Name Unit Certificates Represented Judith May A-1 � 1 Michael Jones and Cherri Ann Higgins A-2 l Cynthia Scott A-S 1 : Norman Cherry A-8 1 Carol and Hale W. Moore B-7 1 ' Beth and Kerry Kuntz D-3 1 Lauraine K. and Joseph Skolasinski D-5 1 Gary.and Cheryl Post D-10 1 Dr. &Mrs. Howard Sherr D-17 1 David E. and Nonnie E. Cooper D-18 1 Neal Llewellyn M.D. D-21 1 Dr. Richard E and Mary S. Hockmuth D-22 1 Francis & Sharon Casanova D-23 1 Ted& Suzanne Stockmar D-25 & 26 2 Total 15 It was stated at the meeting that legal notice of the meeting had been properly given by Joe Hanlin, as a member of the Board of Directors, and that a quorum was present. The minutes of the Certificate Holders meeting held Octaber 1 l, 2003 were reviewed, and a motion duly made by Dr. Joe Hanlin and seconded by 3enny Fowler and approved.. The Board of Directors nominations were as follows: Dr. Joseph Hanlin Allen J. Pachmayer Thomas Fowler A motion was made by Hope Curfman and seconded by Debbie Odum to retain the three nominees for the Board of Directors. The following officers were elected to serve for the following year: President Dr. Robert F. Finnegan Vice President Taggart Howard Secretary Linda Schindel Moore Treasurer Allen J. Pachmayer Tt was noted that the President-elect was not present at the meeting and also was not able to be reached prior to the meeting. Therefore, current Vice-president William Robert Essin, who presided over the meeting, also agreed to assume the Office of President if Dr. Robert F. Finnegan was unwilling ar unable to carry out the duties of the Office. Dr. Joseph Hanlin and those present praised the work of Ted Stockmar who has served as Secretary of the Company since its inception. He has offered to continue to serve as an advisor on legal matters pertaining to the company. A special thanks to Ted for all his work over the years and to Suzanne for so graciously hosting the annual meetings in their home for so many years. Mr. Allen Pachmayer, Treasurer of the Company, was present at the meeting and gave the Treasurer's report, dated December 31, 2003, a copy of which had been appended to the notice of the meeting sent to all of the Certificate Holders. The Treasurer's report was discussed ' in full and accepted. Allen was praised and thanked for the great job he does as treasurer of the Company, this year and years past. Allen also reported that the common parking areas have been sealed and $3,600 was spent to accomplish this job. He also reported that a snow plow contract has been secured and the terms have changed from the previous year. The rate increased by$50 and the prepaid discount decreased by 10%. It was stated the rents for the pond house are currently $1,100 for the upper unit and$925 for the lower unit with tenants paying all utilities. Repairs needed on common property include paint/stain the pond house and rebuild the foot bridge at the west end of the pond. Allen Pachmayer was designated to authorize this bridge repair not to exceed$1,000 by the authority of the Board of Directors. Kathryn Benysh moved and Jan Hanlin seconded and it was approved to repair the west bridge. It was also noted that the water supply to the pond needs to be monitored and beaver patrol needs to continue by home owners to guard against damage. The Board of Directors serves as the audit committee of the Company. The committee, composed of Joe Hanlin and Tom Fowler, reported that it had conducted an audit of the books and records for the last calendar year and had found everything to be in order. Tom Fovcrler stated he does this seriously and in detail. It was discussed and agreed that the Board of Directors should continue as the Audit Committee of the Company which is done to protect the Company and to protect Allen in his role as treasurer. The desirability of stairs or cribbing on the east end of the pond was discussed. There are currently a few stairs, installed by the Stockmars, that assist in descending to the pond and help prevent erosion of soil and vegetation. Joe Hanlin will explore the feasibility of installing more stairs contingent upon there location on private or common property to create access to the pond. There being no further business to come before the meeting, upon motion duly made, seconded and approved,the meeting was adjourned in Schindel Moore, Secretary BIGHORN MUTUAL SANITATION AND RECREATION COMPANY Minutes of Certificate Halders Meeting ' October 11, 2003 The annual meeting of the Certificate Holders of the Bighorn Mutual Sanitation and Recreation Company was held on October 11,2003 at the home of Mr. and Mrs.Ted P. Stockmar, Unite 26, Bighorn Terrace,Vail, Colorado. The meeting was called to order at 1:00 pm by the President, Dr. Robert E Finnegan. The roll was called with the following Certificate Holders present: Name Unit Certificates Represented Dr. Joseph Hanlin A-4 �2 Joseph Sobin A_3 1 Dorothy Burks B_6 1 Dr. Robert Finnegan g_g 1 Linda S. Moore D_6 1 Allen Pachmayer D_q. 1 Kathryn R. Benysh D 7& 8 2 William Robert Essin D-11 1 Hope Curfman&Jim Curfman D-13 1 Elyse& Taggart Howard D-16 1 Tom&Virginia Fowler D_2p 1 Total l l Ih The following proxies were timely received by the Secretary appointing Dr. Joe Hanlin and Allen Pachmayer, who were present, as lawful agents for and with proxies for the following Certificate Holders: Name Unit Certificates Represented Judith May A_1 1 Charlie Wilson A-2 1 Mark Mills A-4 �Z Arthur S Kaer A_6 1 Cynthia Scott A-5 1 Norman Cherry A-8 1 Carol Moore B-7 1 Kerry Kuntz D-3 1 Joseph Skolasinski D-5 1 Johnnie&Deborah Odum D-9 1 Gary Post D-10 1 Estate of Harriet M. Lubchenco D-14 1 Dr. & Mrs. Howard Sherr D-17 1 Catherine H. Petros D-19 1 Neal Llewellyn M.D. D-21 1 Mary Hockmuth D-22 1 Francis & Sharon Casanova D-23 1 Ted& Suzanne Stockmar D-25 & 26 2 Mark& Sherry Campbell D-24 1 Total 19 '/2 It was stated at the meeting that legal notice of the meeting had been properly given by Joe Hanlin, as a member of the Board of Directors, and that a quorum was present. The minutes of the Certificate Holders meeting held September 28, 2002 were reviewed, discussed, noting a name change for William Rabert Essin aka Bob Essin, and a motion duly made, seconded and approved, with that change. The following officers were elected to serve for the following year: President Dr. Robert F. Finnegan Vice President William Robert Essin Secretary Ted P. Stockmar Treasurer Allen J. Pachmayer Mr. Allen Pachmayer,Tr.easurer of the Company, was present at the meeting and gave the Treasurer's report, dated December 31, 2002, a copy of which had been appended to the notice of the meeting sent to all of the Certificate Holders. The Treasurer's report was discussed in full and accepted. It was stated by Joe Hanlin and agreed by all present that Allen has done a terrific job managing the business of the Company and was particularly challenged this year. The Board of Directors serves as the audit committee of the Company. The committee, composed of Joe Hanlin and Tom Fowler, reported that it had conducted an audit of the books and records for the last calendar year and had found everything to be in order. It was discussed and agreed that the Board of Directors should continue as the Audit Committee of the Company. ; On June 1, 2003 diverted water from a culvert under I-70 flooded the area and damaged several private properties in Bighorn Terrace as well as the common property. The Pond House and the inlet to the Private Children's Pond incurred major damage. Due to the damage to the Pond House and a delinquent tenant, we did have a loss of rent for approximately 3 months. We do not have this coverage on our current policy and it was determined that the cost to insure this loss over the past several years would exceed the actual loss that was incurred. It was therefore decided that the company would not insure for this type of loss. The actual cost for our insurance,which covers all common property is $1,330.30. After researching the loss on personal property, it was deternuned that diverted water is a coverable loss in Colorado under a regular home owner's policy. Linda Schindel Moore passed this information to Sue and Allen Pachmayer who made a claim for the Pond House damage. Joe Skolasinski and Allen Pachmayer spearheaded the effort to clean up and oversee the necessary repairs. After approximately$17,000 in repairs, the Pond House is now rented. The morning of the meeting, October 11,the water was turned on and the pond was refilling for the first time since June 1. It was a welcome sight as the inlet repairs were almost completed. Joe Hanlin will draft a letter of thanks for the fine work that was completed under the direction of Larry Pardee of the Town of Vail. A verbal thanks was given to all those known and unknown who assisted that day. Gordie and BJ Rowe were notable with all they did with shovels and heavy equipment the day of the flood. It was agreed that again, snowplowing contracts would be prepaid in order to save approximately 20%of the contract fee. The D Units were happy with the service from G H Daniels and would continue this service. B Units were exploring other contractors. There was a continued discussion to reseal the paved areas. It was noted that they were beginning to deteriorate and needed attention within the next year. A motion was duly made, approved and seconded, and it was agreed that Allen Pachmayer could explore some sealing options and act upon this business, including a special assessment if necessary,without additional approval from the Certificate Holders or Board of Directors. Jim Curfman offered suggestions regarding types of sealant. Linda S. Moore agreed to contact Larry Pardee with TOV Streets and Roads to explare the possibility of joining neighborhood public paving projects if the timing was right. There was a general discussion regarding Unit D-15 which was currently in a redemption period since the owner had defaulted on his loan. Kathryn Benysh stated that she was in contact with the mortgage company within the last week and their intention was to rehab the unit and put it on the market. It was also reported that all D Units were physically measured by the Eagle �, County Assessor's Office to establish correct square footage. There being no further business to come before the meeting,upon motion duly made, seconded and approved, the meeting was adjourned. in Schindel Moore far Ted P. Stockmar, Secretary ;; (VC�TES: ` � , i> ��,��. �� s��r. �/a2/a� 2) SURVEYf�R HAS t�ADE NQ lNbdESTIGAII�h� �}R IPJD�PENDENT SEARGFI FOR AMENRED ��rst ��s��ervrs �� o-r�e� -r�iar� ��:a�r-r��)> ��cur��n��s; REST€�ICTIVE �(�VENAGVTS, 0 ER�fi1P �17LE EVIDEP�CE> ��'ANY:t�THE� fACTS TMAT AN A�CURA1'E ANC} GURREiVT TkTl.� SEARCh� MAY DlSCL�SE:, 3} NCJTICE: ACCQRDit�� TC� C4LQRADCJ L.A�d YC9U MUST �C�!�AMENCE A,NY LE�RL. ��Tlt}t� 6ASED 11F'C1iV A�IY DEFEGT fN THI� SU�VEY NllTHlP� THREE YEARS ,4F7ER YOIJ FIRSi' DIS��d/ER SUCN �EEECT. IN t�Ct'EVEPfT, t�AY A1�Y � A�T��t 6A5ED tJ�bN ANY pEFECT fl� °fHIS SURVEY �E CC}MMENCE� PADR� "FHAf� TEN YE�RS FRC�t� T}-fE €�ATE 0� THE C�RTiFtCATiC}N SiiC}VJN; �IEf�E�N. �R) 6A,S€� t�F PR(3PERTY LENE �.E?�A�iCs�l: t�C�NUt�ENTS'AT N. 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