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1. CALL TO ORDER
President Linda Nuzum called the December 4, 2003 meeting of the CPN Master Association Board of Directors to order at 7:05 p.m. A quorum was established.
Attendance
Directors present: Linda Nuzum, Cheryl McDade, Sheri Brummett, Brian Stopps and Bruce Thompson
Directors absent: Maureen Shul
Delegates/ Representatives present: None
Delegates/Representatives absent: Ted Lohr, Elisa Trebilco, Bob Micho, Barbara Saenger, Doug Gilbert, Nancy Clarke, Mark Feilmeier, Connie Dahl, Kyle Linhardt, Chris Fellows, Debbie Smith, Steve Mimnaugh and Linda Sweetman-King
Staff: Alison Gibbens and Tim Gamble
Guests: None
This portion of the agenda was waived, as no guests were present.
MOTION by Brummett to accept the agenda, McDade seconded; motion approved carried.
2. MINUTES
MOTION by Brummett to approve the October 23, 2003 minutes, seconded by McDade; motion approved and carried.
3. OPEN FORUM
Nuzum noted that no homeowners were present requesting to speak during the Open Forum.
4. ELECTION
MOTION by McDade to appoint Doug Gilbert to the Board of Directors of the Castle Pines North Master Association to fulfill the position vacated by Linda Sweetman-King that will expire in 2004, Thompson seconded; motion accepted by acclamation.
MOTION by McDade for current officers to maintain their position with Director Gilbert being an At-Large member, seconded by Thompson; motion approved and carried.
2004 officer positions are as follows:
Linda Nuzum – President
Maureen Shul – Vice President
Sheri Brummett – Secretary/Treasurer
Cheryl McDade – At-Large
Bruce Thompson – At-Large
Brian Stopps – At-Large
Doug Gilbert – At-Large
Mark McDade will continue as the Master Association’s representative to the Parks Authority, and Linda Nuzum will continue as the Alternate representative.
5. MANAGEMENT/FINANCIAL
The monthly financial and statistics report, dues payment status, financials and payables was not presented at this meeting since the October statements were reviewed at the November 20, 2003 Annual meeting, and the bank statements for November had not been received. The next presentation of this information will be at the January 15, 2003 meeting. McDade noted the association sent out registered “intent to lien notices” to homeowners who have not paid their 2003 annual association dues. The lien notice included the mandatory late fee of $50.00 as outlined in the Master Association Declaration section 8.9.1. Liens will be filed in January 2004 for those properties which have not paid by December 31, 2003.
McDade reported that the association intends to bill for 2004 in mid-February with a 45 day payment window.
McDade presented the 2004 proposed budget with one recommended change, the accounting/tax prep line item should be $1000 not $2500. The higher amount in 2003 was for an audit and this year the board decided on a review. It was noted that the 2004 budget for Legal would be higher than 2003, due to the Hidden Pointe lawsuit. The dues for 2004 will remain at $216.00 annually.
MOTION by Brummett to approve the 2004 budget with the change noted above, Thompson seconded; motion approved and carried.
6. COMMITTEES – MASTER ASSOCIATION
Nuzum reported that there is no update from the social events committee.
Nuzum reported that the December ‘03/January ’04 Connection is in the process of being sent out in the next week. The next issue’s cut off date is January 15, 2004. Sub associations wishing to contribute content for this issue need to be aware of this date and have according information to the editor by the cut off.
Gamble reported that he has met with and talked to several HOA’s that are interested in utilizing the web services we provide. Nuzum reiterated the intent to have all sub associations use the web site to its fullest with pages being kept current and documents posted for easy resident access. Any changes or updates to the web site should be emailed to webmaster@cpnhoa.org. Nuzum reiterated that we continue to clean up dated material and improve the site. Anyone that has comments for website improvements is asked to pass their suggestions on to the webmaster.
7. COMMITTEES - COMMUNITY ACTION
Forest Park Golf Ball Screen
Stopps reported that the committee expects completion of this issue, weather permitting, by December 15. If the date is not met, the Forest Park HOA intends on taking the needed legal action to enforce the agreed upon landscaping modifications needed to hide the golf ball screen. The approval was given due to unique circumstances of this situation and under the guidance of our attorney. This approval is a one time approval of a golf screen within Castle Pines North as screens are not allowed under our declarations. The screen will be heavily vegetated and the DRC has given the homeowner direction on size, type and location of all plant matter needed to shield the screen from the view of others
Forest Park Emergency Vehicle Access Road
Stopps reported that there are no new developments on the EVA access that has been established between Castle Pine Village and CPN at the base of Forest Park Drive near the Castle Pointe area.
Community Weeds
Stopps reported that the Weeds Seminar was beneficial to those who attended and requested that this item be removed from the agenda as the seminar was held November 11. Presidents, Managers and landscapers from sub associations were invited to attend in an effort to make sure that all associations were represented to ensure that all are aware of state statues with respect to controlling noxious weeds in Colorado and specifically Castle Pines North
Gibbens read the report from committee chair, Janet Conner, which addressed the key areas she sees as needing to be addressed; Reverse 911, Emergency Preparedness, Traffic Problems, Vegetation issues surrounding areas with CPN and the removal of ambulance service from Station 36 (ours).
Conner reported that she has been in contact with several government bodies regarding the Cherokee Fire issues. The notification to evacuate and subsequent traffic issues that followed are two of the main issues that need to be addressed. She will continue to follow up on these community concerns and will meet as a committee after the first of the year.
Nuzum asked McDade to check with Dahl, Metro District Manager, on what avenues the district is taking to help in this matter. Nuzum expressed the need for a formal governmental process to be in place for preparedness in future emergencies.
8. PARKS AUTHORITY
The Parks Authority has not had a meeting since our Annual meeting and therefore, there is no new information to report on.
9. METRO DISTRICT UPDATE
McDade briefly addressed the Rocky Mountain News article that was based on several falsehoods about CPN’s water supply. The next issue of the Connection will cover and address the issues that were brought up in the article, and the Metro District will hold a Question and Answer session on December 15, 2003 where CPN residents will be able to discuss their questions with the District’s staff, water consultant and legal personnel. Residents that have questions or concerns about water/sewer in Castle Pines North are reminded to contact the Metro District directly.
Based on the misrepresentation in RMN article, both the Master Association and Metro District will use a media relations consultant for future dealings with the press.
McDade reported that about half of the District’s outstanding debt has been refinanced. The new bond structure will take this portion of the debt from a variable interest rate to a fixed rate, allowing for more certain future planning. The District is scheduled to pay off the variable rate bonds first in order to eliminate that fluctuating interest cost.
10. OLD BUSINESS
Nuzum reported on the status of the lawsuit that the Hidden Pointe HOA filed against the CPN Master Association in September, challenging the validity of the contract which Hidden Pointe signed with CPN in 1999.
In late October, the Master Association’s attorney presented copies of all of the documentation related to the case to the Hidden Pointe HOA’s attorney. This consists of communications prior to signing the agreement, including the correspondence from the committee of Hidden Pointe residents that requested the agreement, as well as contracts that were later executed as a result of the agreement, including the pacts signed by CPN’s Parks Authority and Metro District to take over responsibility for building and maintaining the portion of Coyote Ridge Park that Hidden Pointe would have built and maintained.
On November 14, Hidden Pointe’s attorney sent a letter indicating that the HOA Board intends to proceed with the lawsuit, and asked the Master Association’s attorney to prepare the legal pleadings that will be needed to prepare for the court case.
The Master Association’s law firm is now preparing for the court case. The CPN Master Association’s budget for 2004 appropriates additional funds to the “legal expenses” category to be able to defend the Association against the lawsuit.
Nuzum reported on Xcel’s application to rebuild one of the power lines in CPN:
Douglas County has approved Xcel’s county permit. About 200 people attended the Planning Commission meeting on November 17 at which a petition containing more than 1,300 names was also presented to the County. Nevertheless, the County, which had fought Xcel on another issue ten years ago and lost, determined that they did not wish to waste County resources on another battle with Xcel. The County's staff advised the Planning Commission that they had no choice but to vote for approval, stating that the County does not have jurisdiction over Xcel’s plans to upgrade an existing corridor. The County interpreted the Zoning Ordinance narrowly, saying that there are no zoning requirements for changes to a corridor that already has an 115kV line, and determined that the issues raised by property owners, such as noise nuisance, were not to be a factor in land use decisions. The narrow interpretation allowed the County to process Xcel’s request using a simplified application process that calls for the County’s decision to be made by the Planning Commission, and does not provide for action by the County Commissioners. CPN committee members had a follow-up meeting with County Commissioner Melanie Worley but there has been no response.
The Public Utilities Commission’s administrative judge has made a preliminary ruling (which could be overturned by the PUC Commissioners; their action is expected by early January). The ruling said that Xcel could build the line, but agreed with CPN arguments on a couple of critical points: The judge did not grant Xcel’s request to protect Xcel from private lawsuits regarding noise nuisance from this power line. The judge also ruled that Xcel would need to submit another application before it could operate the line at the higher 345kV voltage. CPN attorney Thor Nelson will continue with his efforts on the case until the issue is finalized.
Xcel’s engineers have completed their preliminary design for pole placement, have placed stakes in the ground to enable homeowners to view the exact location of the new poles, and have delivered aerial photo’s showing the current and future pole locations. Xcel sponsored a meeting in CPN on December 3, 2003 to discuss pole placement and possible minor pole location adjustments. Approximately 30 residents attended. Xcel’s engineers will be accepting comments on pole placement until December 13, 2003, and then will determine final pole locations, using criteria outlined by Xcel.
11. NEW BUSINESS
There was no new business brought before the board.
12. ADDITIONAL HOMEOWNER INPUT
No input.
13. MEETING DATES
January 15, 2004, 5:30 p.m. – Working Dinner – Planning for 2004
7:00 p.m. – Regular Board Meeting
MOTION to adjourn by Thompson; seconded by Stopps; motion approved and carried. The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Alison Gibbens
Recording Secretary
Approved ___________________________________, 2004
___________________________________ ________________________________________
Secretary President
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