Telluride Mountain Village Owners Association Board Meeting Agenda Wednesday, March 18, 2015 at 4:00 p.m. Mountain Village Town Hall 455 Mountain Village Boulevard, 2 nd Floor Time Agenda Item Time Allotted Type Topic 4:00 pm 1. Call to Order and Determination of Quorum 4:05 pm 2. 5 Action 4:10 pm 3. 20 Informational 4:30 pm 4. 10 Motion Consideration and the Approval of the Following: Minutes from the January 29, 2015 Board Meeting TMVOA Updates Q1 Consent Resolutions - Economic Stimulus Funding - TCC Screen and Projector Economic Stimulus/Q1 Event Update Membership Data Maps Residential Survey Dial-A-Ride Update Dial-A-Ride Charges Agenda Item Submitted by John McIntyre (Attachment) 4:40 pm 5. 5 Motion Finance and Budget Committee Member Appointment 4:45 pm 6. 5 Informational New Business/Other Business 4:50 pm 7. Executive Session pursuant to CRS Section CRS 38-33.3-308(3) & (4) for consultation with legal counsel 8. Motion Adjournment Please note that the Agenda and Times are approximate and subject to change 113 Lost Creek Ln, Suite A, Mountain Village, CO 81435 Phone (970) 728-1904 Fax (970) 369-7656 Individuals with disabilities needing auxiliary aid(s) may request assistance by contacting TMVOA: sara@tmvoa.org at least 48 hours in advance of the meeting date so arrangements may be made on the requested auxiliary aid(s).
MINUTES OF THE TELLURIDE MOUNTAIN VILLAGE OWNERS ASSOCIATION BOARD OF DIRECTORS MEETING JANUARY 29, 2015 BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: STAFF PRESENT: STAFF ABSENT: OTHERS PRESENT: Jon Dwight, Jeff Proteau, Jeffrey Badger and Pete Mitchell Chuck Horning (Jon Dwight voting by Proxy) and Brent McLean Anton Benitez, Garrett Brafford and Sara Larsen None Joe Solomon 1. Call to Order and Determination of Quorum Chairman Dwight called the meeting to order at 4:00 p.m. MST. Chairman Dwight stated that he held a Proxy for Director Horning, and announced that a quorum had been established. 2. Consent Agenda-Consideration and the Approval of the Following: a. Minutes from the December 17, 2014 Board of Directors Meeting Chairman Dwight asked for a MOTION to approve the Consent Agenda. On a MOTION by Director Mitchell to approve the Minutes from the December 17, 2014 Board of Directors Meeting, seconded by Director Badger, the MOTION passed (5-0.) b. Minutes from the January 19, 2015 Special Board of Directors Meeting Chairman Dwight asked for a MOTION to approve the Consent Agenda. On a MOTION by Director Proteau to approve the Minutes from the January 19, 2015 Special Board of Directors Meeting, seconded by Director Badger, the MOTION passed (5-0.) 3. Delinquent Accounts Update per Collection Policy Mr. Solomon stated that he has worked closely with staff on collections and that the strategy of noticing delinquent owners with a formal Notice of Board Hearing has brought most of the delinquent accounts current. Mr. Solomon presented a breakdown of the collection efforts on the four pending collection lawsuits. This document has been made a part of the minutes. Mr. Solomon stated that there is one additional owner that was summoned to appear before the board in the 1/29/2015 Board Meeting. Although this Owner had signed a repayment agreement in September of 2014, TMVOA has not yet received any payments and therefore he recommends that the Board authorize legal action to collect the delinquent dues.
TMVOA BOARD OF DIRECTORS MEETING January 29, 2015 On a MOTION by Director Mitchell to approve the following: 1. The Board has considered authorizing formal collection action against John David Thomas, Trustee of the 2010 Adams Ranch Road Trust. This Owner has not paid dues since January 2011. He has been repeatedly noticed according to TMVOA s written collection policies, including being offered a payment plan, and agreeing to a written payment plan but immediately breaching the plan by failing to make any payments. 2. This Owner was noticed to this Board hearing by certified mail at least ten days prior to this meeting. 3. Is Mr. Thomas present and requesting to be heard before the Board? 4. Mr. Thomas not appearing, and the Board finding that action is appropriate, Motion is made to approve formal legal collection action be taken against John David Thomas, Trustee of the 2010 Adams Ranch Road Trust, for all delinquent dues, penalties, interest and attorney s fees, currently in the amount of $4200 (rounded), including a personal financial claim and an action for foreclosure on the Trust s property, Lot 638-AR. Seconded by Director Proteau, the MOTION passed (5-0). On a MOTION by Director Mitchell, seconded by Director Proteau, the meeting entered into Executive Session at 4:12 p.m. MST. 5. Executive Session pursuant to CRS Section CRS 38-33.3-308 (3) & (4) On a MOTION by Director Proteau, seconded by Director Badger, the meeting came out of Executive Session at 4:55 p.m. MST. 6. New Business/Other Business Director Proteau stated that he has been working with a task force to evaluate the employee housing situation and to rank TMVOA s developable sites. Director Proteau stated that there is a possibility TMVOA may want to hire an architect to do some concept planning to determine the land potential and get a better understanding of a needs assessment. Chairman Proteau added that TSG has been asked to support the Town of Mountain Village s Employee Housing project, but that they would like to see further analysis before they comment. 7. Adjournment On a MOTION by Director Mitchell, seconded by Director Proteau, the meeting adjourned at 5:04 pm MST. 2
MEMORANDUM Joseph A. Solomon, Esq., Attorney at Law Solomon Law Firm, P.C. 227 West Pacific Avenue, Suite A (physical) PO Box 1748 (mail) Telluride, Colorado 81435 office (970) 728-8655 / cell (970) 729-2225 / fax (775) 703-9582 E-mail: jsolomon@montrose.net To: Telluride Mountain Village Owners Association (TMVOA) Board From: Joe Solomon, Esq. Date: January 27, 2015 Re: Collections As you know, I have been working closely with Garrett Brafford on collection matters. We are pleased to report that our strategy of noticing delinquent Owners, followed by TMVOA having me issue the formal Notice of Board Hearing, has brought most delinquent accounts current. There are however a few accounts that have required additional action. Pending Lawsuits We now have four pending collection lawsuits. TMVOA v. Matthew Witt, Lot 147-C: Mr. Witt lost his property to foreclosure by his primary lender on 12/5/14. We filed a personal action against Mr. Witt for the balance due. Mr. Witt was served with the lawsuit, but he failed to file an Answer. As such, we have moved the Court to enter a default judgment against Mr. Witt, in the amount of $5700. That judgment should be entered within a month, at which point we will work to collect on it against Mr. Witt s personal assets. TMVOA v. Kenneth Bryan Koda, Franz Klammer Unit E4: Mr. Koda still owns this property. He has not paid dues since January 2010. The amount due at this point is $1400. The process server has been having difficulty locating Mr. Koda, who resides in Napa Valley, California. We went so far as to retain a private investigator, who is assisting in locating this individual. We have kept tight reigns on charges, just a few hundred dollars in basic investigative services. We have what we believe is a good address, and the process server is working on achieving service. We could serve by publication after a few more attempts, but, for many reasons, including the fact that the ultimate goal is payment, we are better off making personal service. TMVOA v. Maris Madigan Trust, Lot 209: This Owner still owns this property. She has not paid dues since October 2013. The amount due at this point is $850. The process server has been having difficulty serving Ms. Madigan, as she lives in a gated community in Bakersfield, California. We have asked our private investigator to assist in getting this individual served. Again we are keeping tight reigns on charges. Again, we could serve by publication after a few more attempts, but, again, for many reasons, including the fact that the ultimate goal is payment, we are better off making personal service. TMVOA v. Maris Madigan Trust, Lot 628-M: This Owner still owns this property as well. She has also not paid dues on this property since October 2013. The amount due at this point is the same as the other Lot, $850. Same service issues as stated above. TMVOA Memo Collections p. 1 of 2
Owner Set For Board Action at the January 29, 2015 4:00 p.m. Board Meeting at TMVOA Offices We initially noticed four Owners to this Board meeting. Three of the four Owners have now paid their dues in full to avoid the hearing. One Owner has not responded, and is thus slated for action as follows: John David Thomas, Trustee of the 2010 Adams Ranch Road Trust, owner of Lot 638-AR, aka 220 Adams Ranch Road: This Owner has not paid dues since January 2011. We initially noticed him to a Board hearing back in September 2014. Prior to the hearing, Mr. Thomas signed a repayment agreement, agreeing to pay off the $4000 delinquent dues at the rate of $700 per month. However, Mr. Thomas never made one payment on this agreement. As such, we noticed him to this Board hearing. At this point, we are recommending that the Board authorize legal action to collect the delinquent dues. As such, following is a draft motion for approval: 1. The Board has considered authorizing formal collection action against John David Thomas, Trustee of the 2010 Adams Ranch Road Trust. This Owner has not paid dues since January 2011. He has been repeatedly noticed according to TMVOA s written collection policies, including being offered a payment plan, and agreeing to a written payment plan but immediately breaching the plan by failing to make any payments. 2. This Owner was noticed to this Board hearing by certified mail at least ten days prior to this meeting. 3. Is Mr. Thomas present and requesting to be heard before the Board? 4. Mr. Thomas not appearing, and the Board finding that action is appropriate, Motion is made to approve formal legal collection action be taken against John David Thomas, Trustee of the 2010 Adams Ranch Road Trust, for all delinquent dues, penalties, interest and attorneys fees, currently in the amount of $4200 (rounded), including a personal financial claim and an action for foreclosure on the Trust s property, Lot 638-AR. Second to motion? All in favor - - - [take vote] TMVOA Memo Collections p. 2 of 2
Board of Directors Meeting March 18, 2015 1
Notable Accomplishments Q1 Net Suite Grant renewed ($25K) New auditors ($15K savings) Upgraded network
Economic Stimulus Update (12) $223K + Planning for Success + Partnering with recipients of stimulus grants to promote success and outcome maximization $524 (20) Contracts in place Meetings with 9 of 12 for follow-up & planning Telluride AIDS: +$2.5K (total of $10K) Telluride Yoga Festival: +$2.5K (total of $7.5K) 3
Economic Stimulus Update Meetings with Mountain Film & Telluride Film Festival we learned that TCC is hampered by not having: Drop-down screen High quality projector $524 (20) Currently, event organizers spend consider time (2-3 days) and money to set-up an outdated screen and rent/bring a projector Economic Benefits of new screen & projector Improved venue for existing film festivals World Class cinema experience Attractive new venue for other film organizations Meetings & conventions Community events (i.e. dinner and a movie) TMVOA events & expense reduction TMVOA made capital investment of ~$133K (screen: $40K, projector: $93K) TMVOA to maintain ownership Balance sheet transaction; apply annual depreciation expense 4
May LAUNCH of new cinema experience 22-25 th
Jan Fire Festival 15-19 th
Jan Fire Festival Concert 15-19 th
Feb Sweetheart s Week 7-15 th Partnering with Merchants Swanky Buckle Alpenglow Beauty Telluride Ski & Golf Rev Restaurant at Madeline Madeline Spa The Spa at the Peaks Resort The Village Table Siam s Talay
Feb Telluride Gay Ski Week 22-3/1
Feb Club RED LETTUCE 13-14 th SOLD OUT (both nights)
Feb 26-28 th
Mar 20 Year Anniversary Celebration 10 th
Mar 28-29 th Mountain Town Get Down & Winter Concert Series COLD WAR KIDS
Membership Maps Class A Residential Working diligently to broaden our understanding of our diverse, but interconnected membership Class B Lodging Improved understanding of each membership class will enable TMVOA to better serve Class C Class D Commercial Mountain Special Member Systematic approach to gathering data - existing databases - previous survey results - identify gaps - new surveys - communication
Membership Maps Residential Single Family Condos Empl Dorm Units Emp Condo/Apt Units Built units* 384 684 149 387 1,604 Unbuilt units* 246 343 19 73 681 Total units* 630 1,027 168 460 2,285 # of emails 585 725 3 122 1,435 % of emails 88.8% 89.6% 100% 83.0% 88.7% FT residents - - - - 1,357 PT / Second homeowners how often in MV, when, how long? Vacant land owners what are plans? Build, when? For illustrative purposes only (snapshot shown only). Population from State Demography Office *TMV data from 2010; partnering with TMV to get updated data.
Mar Residential Survey 17-31 Link to be emailed to Residential Members Survey takes only 1-2 mins 4 membership segments (unique surveys) Full Time Resident Part Time Resident / Second Homeowner (may include rental) Rental only Vacant lot COLD WAR KIDS
Dial-A-Ride 13,994 vehicles trips this winter: +29% 41,386 passenger trips this winter: +44% Overall feedback on service has been positive 5,000 4,000 3,000 2,000 1,000 0 Vehicle Trips +22% +20% +42% 4,000 3,596 3,618 2,992 3,288 2,549 +55% +36% 2,449 1,800 Current Winter Last Winter 331 213 Nov Dec Jan Feb Mar (mtd 15 th ) +29%
1 15 29 43 57 71 85 99 113 127 141 155 169 183 197 211 225 239 253 267 281 295 309 323 337 351 365 379 393 407 421 435 449 463 477 491 505 519 533 547 561 575 589 603 617 631 645 659 673 687 701 715 729 743 757 Dial-A-Ride: Nov 14 Mar 15 300 250 200 25% 50% 769 unique addresses used Dial-A-Ride 150 75% 100 100% 50 0 23 71 151 769
Dial-A-Ride: Nov 14 Mar 15 Avg Avg # # rides # rides /wk High 23 149 9.1 High - Med 48 73 4.4 Med - Low 88 40 2.4 Low 610 6 0.35 769
RETA Update Year-to-Date (January & February) $647,997 $594,635 $640,678 $386,574 2015 Actual 2015 Budget 2014 Actual 5 Year Average
Thank you for attending 21
Meeting ~ Agenda Item Submission Application Agenda Item: Date of Meeting for Agenda Item: Type of Agenda Item: Action items: the Board will need to make a decision on a proposal contained in that item. Other Business items: These items are included for the information of the Board. No decisions or motions to be made. Presenter Contact Information Name Company Phone: Cell ( ) Office ( ) Address City State Zip Code Background: (if more room is needed please submit on additional paper) Core Issues (describe how item supports TMVOA goals and mission)*: *Mission: Our purpose is to preserve and promote property values, sustainability, and a vital resort community for all members. Action/Purpose of Request Discussion item or Consideration for approval: Date Submitted to Staff: Please submit via email to Willie Wilson: willie@tmvoa.org or call 970-728-1904 Please attach additional information to this form either electronically or on paper.
Annexure A to the Agenda Item Submission re Dial A Ride The current agreement with Telski to operate Dial A Ride on behalf of TMVOA provides for the payment by TMVOA of a fixed fee for winter 2014/2015 and summer 2015. On that basis a ridership limit imposed by TMVOA cannot be justified because increased ridership on an individual property basis or overall does not incur any additional cost to TMVOA. In addition, ridership limits work counter to the philosophy of using Dial A Ride in conjunction with the gondola as a means of reducing the environmental impacts of excessive car use in Mountain Village and Telluride. Increased use of the gondola by owners and visitors to Mountain Village is encouraged for a number of valid environmental reasons and increased use of Dial A Ride should be encouraged for the same reasons. The imposition of ridership limits discourages usage. The current ridership limits have been set in an arbitrary fashion and do not take into account likely usage from a full time resident or even a part time resident. For example the winter 2015 season is 135 days in length. 100 rides in the season equates to approximately 5 rides per week. Since most journeys on Dial A Ride involve return trips to places such as the gondola, the market and shops and restaurants in the core, that amounts to approximately 11 return trips a month over winter. This cannot be regarded as excessive usage. The current ridership limits do not provide an adequate number of rides for a member or guest who genuinely uses Dial A Ride to avoid driving their own car. The imposition of ridership limits generally is based on the dubious and unsubstantiated argument that without an individual property ridership limit, Dial a Ride is subject to abuse leading to reduced service levels. Even if the Board genuinely believes that to be the case, fairness dictates that the ridership limit be imposed on an annual basis not per season. Separate ridership limits for Dial A Ride for summer and winter is unfair, inequitable and discriminatory. Currently one member can have 200 rides spread equally over summer and winter and pay nothing and another member can have 200 rides in winter and none in summer and pay $800 for the exact same service. Dial A Ride usage is higher in winter than summer. There are a numbers of factors to explain that including snow covered roads and adverse weather conditions that discourage or prevent walking or bike riding from homes to destinations in Mountain Village. TMVOA records show that the ridership limit that applied in winter 2013/2014 was exceeded by 28 properties. The majority of those properties are located a considerable distance from Town Hall and the core. By comparison, in summer 2014, the ridership limit was exceeded by only 5 properties. The effect of not allowing a combined ridership limit is that members whose homes are located the greatest distance from Town Hall and the core or who use their homes for longer times in winter than summer are being discriminated against when it comes to paying for Dial A Ride. The amount of money that TMVOA billed to members for Dial A Ride in winter 2013/2014 was $10,048 and in summer 2014 $856, a total of $10,904. The administrative costs of collecting the usage data and invoicing members makes the financial sense of the imposing charges highly questionable.
With the increased limits of 100 per property per season and assuming the same projected ridership numbers,tmvoa will incur the same administrative costs and will recover an estimated $6824 in winter 2014/2015 and $664 in summer 2015, a total of $7488. Prior to the Board meeting, directors should ask the Executive Officer to provide an estimate of the staff costs involved in the administrative and accounting process in recording, billing and recovering these very modest amounts on a twice annual basis. It is likely that the cost of recording and recovering ridership charges exceeds the actual amount billed to members.
Annexure B to the Agenda Item Submission to TMVOA (1) That the Board resolves to rescind its resolution of 19 November 2014 in relation to ridership limits on Dial -a -Ride of 100 rides for summer and 100 rides for winter with no combining of limits. (2) That the Board resolves that, in light of the fact that increased usage of Dial a- Ride is its goal and that increased usage will incur TMVOA in no additional cost, no ridership limits be imposed, effective 21 November 2014 (3) if motion (2) fails, that the Board resolves that the ridership limit be combined to allow 200 rides per property over winter season 2014/2015 and summer season 2015 with additional rides in excess 200 being charged to members at $8.00 per ride, effective from 21 November 2014.