BATTLEMENT MESA SERVICE ASSOCIATION MEETING OF THE BOARD OF DIRECTORS April 21, 2009 Minutes

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BATTLEMENT MESA SERVICE ASSOCIATION MEETING OF THE BOARD OF DIRECTORS April 21, 2009 Minutes PRESENT: Chuck Hall President Sara McCurdy Vice President Ron Schelling Secretary/Treasurer Adam Ford Dan Cohen Eric Schmela Frank Oakley Jay Haygood Keith Lammey Also Present: Jane Chapman Association Manager Absent: Gordon Elliott John Shepherd Mike Stiers The meeting was called to order at 10:00 am by Chuck Hall, President. Chuck Hall Welcomed Adam Ford and Keith Lammey to the Board of s. APPROVAL OF MINUTES A motion was duly made by Jay Haygood and seconded by Keith Lammey to approve the March 17, 2009 minutes as amended to change Ron Schelling to Ray Barbour in the first paragraph of the second page, and to change the sentence regarding the manhole to say existing rather than new. Passed. Unanimous. COMMITTEE REPORTS Covenant Protection Committee: Keith Lammey provided the Board with a summary report of the year-to-date non-compliance letters sent. A total of 270 violations have been reported, with 98 of those reported in March. Jane Chapman provided a written report of violations within the Battlement Mesa Company rentals.

Architectural Committee: Written reports were provided. The committee still needs another member. There is the possibility of advertising for one in the Grand Valley Echo. Oil & Gas Committee: No report given. Roads Committee: Frank Lancaster provided a written report. The County has a plan for repairing many older streets within Battlement Mesa in 2009. Joint Advisory Committee: The Mayor of Parachute sees a long-range plan for creating one community of Parachute and Battlement Mesa. A communication plan is being formulated. The Activity Center is a costly endeavor so it is being considered to turn it over to Parks and Recreation and including citizens of Parachute in its usage. Landscape Committee: A written report from Gordon Elliott was provided. Eric Short of Baker & Associates attended the meeting. He said that dandelions are an issue in the area and there are some continuing sprinkler issues. The circle park has much vandalism and trash. Eric suggested that the area be cleaned up and clean dirt set in the area as an interim solution. Wildfire Restoration Project: No report given. Trails Committee: Dave DeVanney reported. The Garfield County staff has been directed to help us with the work on the Library Trail. A county engineer has been out to assess feasibility and new cost estimates. The county has money set aside specifically for community trails so there is the possibility of receiving funding from the county. Another easement workshop will be scheduled in light of the multiple updates. The enhanced easement agreement has been received. Something still needs to be put in the easement to protect longevity in case of property sale. A workshop has tentatively been set for Tuesday, June 2, 2009 at 10:00am. Associated Governments of Northwest Colorado: No report given. Audit Committee: Ron Schelling noted that the statements for April are not ready yet. Financial Statements and the Audit will be held off until they are completed. MANAGERS REPORT Jane Chapman submitted a written report. Ray Barbour has small claims court with the owner of 81 Talon Trail, Craig Chance, on Tuesday, April 28, 2009. 665 Battlement Creek Trail was also scheduled for small claims court but the owner cannot be found at the address on file and the company he owns cannot be found either so the action has been filed against Noah Gomez personally. Bruce Knuth has a landscape plan on file so Management will check with the landscaper to see if they have the address. The trial has been rescheduled in another 30 days. Ray Barbour will continue doing small claims court only if he does not receive a 1099 for his expense reimbursements. A lien will be put on 68 West Bonanza Place for unpaid assessments and fees.

Financial Report: A motion was duly made by Sara McCurdy and seconded by Jay Haygood to approve the March 2009 financials as presented, subject to audit. Passed. Unanimous. Jane Chapman will check with HindmanSanchez to see if the Association is paying them to garnish Andrew Kane s bank account for the fees on the property at 22 Cedar Circle. James Corcovelos of 37 Columbine Lane and Nancy Sandquist of 68 West Bonanza Place will be sent to small claims court. No work has been done at 22 Eagle Ridge Drive so previous fines will be reinstated. Correspondence A letter was sent to Bert Floyd on March 25, 2009 regarding his concerns about a tree on the property adjacent to his own. Chuck Hall spoke with him as well and Mr. Floyd still has concerns about the tree. A representative from the Association will check the tree to make sure that it appears safe. Mr. Clements of 98 Cedar Circle requested to remove the 6 Service Association fence in order to install a retaining wall on his property. He would then reinstall the 6 fence. A motion was duly made by Jay Haygood and seconded by Adam Ford to allow Mr. Clements to remove the Battlement Mesa Service Association fence and use the bike path to bring in and remove construction materials. The fence must be put back up in the original location. Passed. Unanimous. The Evans of 27 Mineral Springs Circle requested that the Board remove the $50.00 non-compliance fine assessed against them. A motion was duly made by Keith Lammey and seconded by Sara McCurdy to remove the $50.00 fine. Passed. Unanimous. Letters will be sent to Joyce Witte and David Grisso of Encana to thank them for supporting our street sweeping project and their support of the community. OLD BUSINESS Stone Ridge Entrance Consolidated Metropolitan District will reduce the cost of the water tap to $2,800.00. Battlement Mesa Company will not donate a pre-paid tap to the Service Association. A motion was duly made by Adam Ford and seconded by Ron Schelling to accept the $17,887.00 Stone Ridge Entrance landscaping proposal from ColorScape. Passed. Unanimous. Reserve Sign Proposal

A motion was duly made by Keith Lammey and seconded by Jay Haygood to approve the plan from ColorScape for the Reserve sign area, as amended to remove cone flower from the proposal. Passed. Unanimous. Spencer Parkway Path Extension A motion was duly made by Adam Ford and seconded by Keith Lammey to accept the proposal from Frontier Paving, not to exceed $7,196.90. Passed. Unanimous. NEW BUSINESS Landscaping Proposal A proposal was received from Baker & Associates to modify sprinkler heads with drip lines in the small median on North Battlement Parkway. A motion was duly made by Adam Ford and seconded by Keith Lammey to accept the proposal. Passed. Unanimous. Landscaping Contracts Eric Short has taken over Baker & Associates. They have requested a 3% increase to their contract. A motion was duly made by Sara McCurdy and seconded by Jay Haygood to accept the Baker & Associates contract with a 3% increase for the 2009 Season. Passed. Unanimous. Baker & Associates also requested a 3% increase to their Tamarisk Village contract. Adam Ford has formed a Tamarisk Village landscape committee. They will continue with Baker & Associates for landscape maintenance for the 2009 season. A motion was duly made by Adam Ford and seconded by Jay Haygood to keep the Baker contract at the current rate with no increase for the 2009 season. Passed. Unanimous. Adam Ford asked who owns the Tamarisk Village sign area. Jane Chapman stated that Battlement Mesa Partners owns the property but that Battlement Mesa Service Association maintains it. Fence Repair Proposal The wire fence along 300 Road needs repair. Jeff Tonder submitted a proposal to repair the fence for $500.00 with a possible discount of $100.00 if the job can be scheduled in conjunction with another job Mr. Tonder has in the area. A motion was duly made by Ron Schelling and seconded by Keith Lammey to accept Jeff Tonder s proposal. Passed. Unanimous. Change to 6 th Amendment A Special Delegate Meeting will be held prior to the Board of s meeting on May 19, 2009 to discuss the proposed changes to the amendment.

OTHER BUSINESS Colorado Big Country Chuck Hall informed the Board that the membership form and $500.00 check will be sent in to Colorado Big Country. Clarification on side yard, front yard, and rear yard parking as well as the definition of emergency vehicle will be discussed at the May Board of s meeting. Kids are building forts in the gully again. A fine was assessed against 17 Little Phoenix Way for a visible trash can. The listing agent corrected the problem and asked the Board to waive the fine. A motion was duly made by Sara McCurdy and seconded by Jay Haygood to waive the $50 fine. Passed. Unanimous. Eric Schmela will talk to Garfield County about the Grace Homes site across from the new Kum & Go to find out if it is in the P.U.D. With no further business to come before the Board, the meeting was adjourned at 12:30 pm.