Timberdale Ranch Owners Association

Board of Directors Meeting Minutes

Location:        Timberdale Ranch, CR 504, CO

Date:               09/24/2019

Time:              6:02 PM

Directors Present

Tim Block, Lucy Bryson, Jamie Enns, Kelly James, Elizabeth Lutes, Jim Tencza, Brad Treadwell

Guests Present

Fran Block, Gary Macklin, Cathy Macklin, Debra Hendricks, Peggy Treadwell, Joan Hedemark, Jason Kaminsky, Mariah Kaminsky, Cindy Moore, John Hedemark, Robin Linde, James Thomas and Marla Underell

  1.    Report on Board business conducted since last meeting. Update was given by Elizabeth.

a.    Jamie has sent out communications about FireWise grant requests

b.    There have been emails with regards to the dumpster contracts

c.     Discussions with Tracy Cross (TROA legal counsel) regarding the Kaminsky/Hedemark case

d.    There have been emails discussing Preston and the caretaker house

e.    Kelly circulated a check list for the ARC(Architectural Review Committee) for us all to  review.


2.  Jim confirmed that the minutes from the August 20, 2019 meeting were reviewed by all board members and approved before posting to the TROA website.


3.    Jamie gave the financial report.  Our main category which is over budget is the Road Maintenance and this is mainly due to the fact that snow removal and signs get assigned to it. Equipment maintenance is also over budget due to repairs on the tractor.  Income from gas royalties is down by almost 50%.  Everything else is on budget.  We discussed creating a separate line item for snow removal next year and agreed this was a good idea.


4.    Jim discussed the two offers we have from the dumpster companies.  Waste Corporation of America offered $8,100/yearly contract and Waste Management offered $7,106/yearly contract which includes one free month if we pay the year in advance. Since we’ve heard conflicting reports of service quality from WCA and their price was higher we elected to stay with WM.  Elizabeth made the motion and Brad seconded it.  The motion carried and passed.


5.   Caretaker transition:

a. Kelly reported that Ashes Away came out and looked at the fireplace and chimney in the house. In their report, they recommend it not be used due to its age and construction.  They suggested the chimney be lined. Their biggest concern was CO getting into the house.  Jim commented that it’s worked for years with no problem and we all agreed to leave it as is and see how it works this winter.  Preston said he was fine with that decision and we all agreed it would be a good idea to install CO detectors in the house.  Jim will buy these when he’s at Lewis Merc during the next week.

b. Jim discussed the two quotes he has received for replacing the windows in the cabin. Durango Glass quoted $6,667($4,218 for windows and $1,876 for labor plus equipment expenses) and Charlie Minkler quoted $5,290.  Both quotes were for 7 all wooden windows.  Brad has spoken to Preston about hiring him as a contractor to do the job and Preston is interested.  He will get pricing on vinyl windows and get back to the board with that amount. We all agreed the windows need to be replaced and we were fine with vinyl instead of wood windows.

c. Jim addressed the propane issue. TROA paid $600 to fill the propane tank when Jay (past caretaker) originally moved into the house with the agreement Jay would pay TROA back over the course of his employment.  Upon Jays departure, a deal was made where he would pay $300 still owed to TROA off the original $600.  As he was moving out, he located receipts in the approximate amount of $300 which he was owed for small incidental items he had bought over the year for TROA business.  Because of this, the $300 he owed was forgiven.  Unfortunately, he allowed the propane tank to run empty so TROA will cover the expense of having the lines checked once Preston finds a propane provider and has the tank filled.

d. Preston discussed items which need to be addressed immediately on the house.

                                        i.    Since snow builds up against the north wall of the kitchen, the exterior boards have warped and allow light and air into the house.  He will need to tear off the existing boards and replace them with new lumber.  He will get pricing on the lumber and give us this amount before the next meeting.

                                       ii.    The base of the toilet is leaking and Tim noted that the gas heater in the kitchen appears to be vented incorrectly or needs to have the orifice changed from natural gas to propane.  Jim has spoken to Steve Zwart about both of these items since he was the plumber who installed them.  Jim is still waiting to hear back from Steve.  Jim will follow up with Steve.

                                      iii.    The dryer is vented into the bathroom which causes condensation to build up in the bathroom and could cause mold.  While Steve is out looking at the other items listed above, Jim will have him look at the dryer venting system and see if there is a better way to vent it.

                                     iv.    Brad has spoken to a bee keeper in Bayfield to determine what we should do with the bee colony living in the eaves of the house.  Preston has also spoken to a local bee keeper.  Both individuals suggested that the best practice would be to leave the bees where they are over the winter and then rehome them in the Spring.  We all agreed this was a good idea.

                                       v.    Preston would like to take the plywood off inside the main living area of the house and return it to natural log.  We decided to discuss this at a future meeting after we get the items listed above done which are more urgent.


6.    Caretaker expenses

a.    Because of past issues, the board discussed how to handle Prestons’ TROA expenses. It was agreed that he should have a petty cash fund and that we would set up accounts with Southwest Ag, Lewis Merc and Napa in Bayfield.  Jim and Kelly were going to talk to these vendors to see if it’s possible to set up accounts with them.

b.    Preston will turn in receipts for petty cash expenses monthly

c.     Items over $100 need approval of all board members.  We approved Preston buying new batteries for the plow truck which will cost approximately $250.00


7.    Snow removal

            a. Elizabeth initiated the conversation by reflecting back on the last meeting when the board agreed that Preston would not be allowed to use TROA equipment to plow driveways of individual property owners.  Since Jim was not present at the meeting when we made this decision and it was an offer that was presented to Preston when he was hired, she felt we should revisit the issue.  Brad feels strongly that the caretaker shouldn’t offer this service with TROA equipment because of the wear and tear and the time it will take.  James reflected that in the past when the caretaker offered this service it became a huge headache.  He supports Brads position. We also realize there is another homeowner (Jason Carter) who offers snow plowing services to homeowners and this would take away business from him.

                                i. Jim and Preston reached an agreement which allows Preston to use Jim’s

                                   Jeep snow plow for individual driveways and we all agreed this would be okay.

                                ii. Tim will send out an email giving homeowners both Prestons’ and Jasons’

                                    contact info.  This way they can hopefully share the load.


            b. The policy for residents running off the road and getting stuck in the ditch during a snow storm is as follows; Preston will tow them out after he’s done plowing the roads or if he’s right there and it’s easy, he’ll pull them out immediately.


8.   Fire mitigation report

a.    Jamie has requested a grant from the Forest Service for fire mitigation.  TROA hasn’t received it for 2 years but he feels it’s worthwhile to try and get the funds. So far 10 residents, 2 TROA common areas and Skystone have submitted requests for the grant. Jamie has asked for $26,000 - $30,000 in matching funds. Even if we don’t get the grant, we all agreed that it will be a good idea for the individuals requesting grant funds to still do fire mitigation on their property.  Jim mentioned that we might be able to get funds from another source if the Forest Service doesn’t offer us funding.


9.     Lot #40 site

a.    Jim began the conversation by stating that the Hedemark’s have requested site plans/documents with regards to the Kaminsky’s.  As a board we have deferred from providing these until we spoke with an attorney.  In accordance with Article 33.3 CO Revised Statutes, TROA will not be providing the documents to the Hedemarks’ at this time

b.    Kelly and Tim as representatives of the ARC walked the Kaminsky lot to see if the work which has been done matches the initial plans they submitted to the ARC.  The lower driveway is in a slightly different position than the site map.  The ARC doesn’t have any official plans for the shop at this time.

c.     No building permit has been officially issued by the county for the Kaminsky property

d.    The ARC gave their initial approval based on a site plan map not the actual building permit as this hasn’t been issued.

e.    The ARC requires the actual building permit before a decision can be made with regards to the size and location of the shop building.  Until the building permit has been submitted to the ARC the discussion will be put on hold.

f.      Jim went to San Juan Basin Health and confirmed that a septic system building permit has been issued to the Kaminskys.


10.  Marla Underell (Hedemarks legal counsel) spoke on behalf of her clients.  She began by emphasizing what a beautiful sub-division Timberdale is and understands why it’s important to maintain this quality.  She quoted from the TROA CCR’s with regards to the clause “care when planning construction and not to block views”.  She believes it’s an issue that approving the site plans submitted by the Kaminskys’ goes against the “care when planning construction” clause. The Hedemarks’ are concerned that the location of the Kaminskys shop building will block their views and a realtor has informed them that this may depreciate the value of their property. As the Hedemarks counsel she doesn’t want to file an injunctive suit but that is an imminent possibility.  She feels every document pertaining to the Kaminskys building process should have been submitted to the ARC at the same time, before any work was allowed on the lot.  After she spoke, Jim restated that at this time the board can only answer questions specific to the site plans as that is all the info we have.  As the Hedemarks and Marla were leaving the meeting, Elizabeth reached out on behalf of the board to say we are committed to finding a solution that works for everyone.


11.  TROA attorney meeting

a.    Jim and Jamie met with Tracy Cross on August 21, 2019. They learned the rules

have changed since 2017 with regards to altering and updating covenants.  We only need 67% of owners’ approval to make changes. Since the CCR’s are dated back to the beginning of the subdivision we all agreed this is a project that needs to be done.  Our long term goal is to make the updates within the next year.

b.    Tracy also told them that our governing documents need to be updated.  Elizabeth and Lucy will be the committee which works on this project.  They plan to have the by-laws updated by the end of the year.

c.     Tracy’s initial invoice of $484.50 has been paid.


12.  Horse containment

a.    Brad began the discussion by explaining to Erika how her horses escaping all summer has been an issue for some TImberdale residents.  Erika knows her horses are getting out and she’s tried everything to keep them in the pasture. She felt attacked by the board by being placed on the agenda without us reaching out to her first and talking the matter over in private.  We apologized for handling the issue so poorly. She also informed us that the entrance to her barn was blocked all winter because Jay plowed the snow into it.  Brad didn’t realize this and apologized.  Preston understands where to plow so this won’t be an issue this year.  Preston agreed to help her find a solution to keep her horses contained.

b.    Erika also stated that Circle Drive crosses her lot line so Jim suggested hiring a surveyor to survey all Timberdale Roads since this might be an issue elsewhere in the ranch.  After a small discussion it was agreed that surveying all roads would be very expensive so we will only survey the section of Circle Drive which encroaches on Erikas property.

c.     There was a small discussion regarding the 7.5 foot utility easement and where Erikas fence should be located but that was put off until a future meeting. It will be a board decision where she puts her fence.

13.  Duties and responsibilities of Communication Manager

a.    Jamie discussed why the TROA website went down this week.  Once he decided to change providers, the past provider cancelled our service even though it was paid through the end of September.  He’s in the process of getting our site back up on Go Daddy and this should happen by the end of September.

b.    Jason brought up the fact that we should have ssl vs http for security but the board agreed we don’t post anything that has a need for high security so we decided to stay with http.

c.     It was suggested that group emails should be sent using bcc no cc.  This way everyone’s email address is not visible.

d.    Jim delegated the Welcome Packet to Tim as one of his duties.

e.    If someone has an alert (gun shots being fired, cows in the subdivision, bear sightings, etc…) this will be posted on Facebook.

f.      Meeting agendas will go out through email.

g.    If someone has an issue, it will be posted on Facebook after being approved by the board.

14.  Jim ended the meeting by stating we are committed to transparency as a board and as a community.  Elizabeth re-iterated this.

Meeting was adjourned at 7:55. Next meeting is scheduled for October 22, 2019 at 6:00 pm