RVRMA EXECUTIVE BOARD Record of Proceedings Regular Monthly Meeting Wednesday, June 29, 2011, 5:00pm The Ranch House Meeting Room A regular meeting of the Executive Board Members of the River Valley Ranch Master Association, in the county of Garfield, State of Colorado was held on Wednesday, June 29, 2011 at 444 River Valley Ranch Drive, Carbondale, Colorado 81623 with the following people present: Executive Board of Directors Jim Noyes, President Peter Frey, Vice-President Bill Grant, Treasurer Dick Heinz, Director-at-Large Lani Kitching, Director-at-Large Frank McSwain, Director-at-Large Ted Stude, Director-at-Large Management Representatives Ian Hause, Community Manager Suzie Matthews, Controller Pamela Britton, Recorder Homeowner Attendees Steven Wolff Lynn Fiegenbaum Call to Order RVR Executive Board President, Jim Noyes called the meeting to order at 5:00pm. A quorum was established. Approval of Agenda Director Lani Kitching moved and Director Bill Grant seconded to approve the agenda. The motion passed unanimously. Consent Agenda Director Ted Stude and Lani moved and seconded the adoption of the meeting’s consent agenda. The motion passed unanimously. Public Comment Homeowners Steven Wolff and Lynn Fiegenbaum expressed concern about the Thompson Park development and the impacts it would have particularly on those homeowners who live on North Bridge Drive. Steven stated that he was concerned that additional development might diminish the value of RVR properties by adding additional inventory to the real estate market. In addition, there would be construction impacts and obstruction of existing views. Jim indicated that ultimately, we (RVRMA) have no authority or power in decisions about this development. Expressions of concern are best directed to the Town of Carbondale. Ian suggested writing to Cathy Derby, the TOC Town Clerk and she could forward comments to the appropriate people. In addition, individuals can attend public meetings on this issue, voice their opinion and get it into the public record. Jim suggested that the Town is sensitive to citizens complaining about development issues and not to feel defeated in advance. Many developments have not occurred because citizens expressed opposition. Director Dick Heinz offered that their concerns about traffic impacts might be the strongest and most influential argument to make to the Town. 1 Director Peter Frey also offered that the developer is unlikely to start breaking ground right away. There may be three or four years before anything happens which gives citizens time to voice their thoughts. Steven and Lynn stated that they did not receive the letter of June 8th sent to all Settlement residents regarding the Thompson Park easement request. Suzie and Ian will make a follow up call to Steven and Lynn to double check their email and other information. Announcements Wine Tasting – June 30th, 5p.m.- 7p.m. Stars and Stripes Jubilee – July 3rd, 3p.m. – 7p.m. USTA Tournament - July 8 – 10 RVR will again host the USTA sanctioned Tennis Classic. The tournament typically draws about 150 entries from the Roaring Fork, Grand, and Vail Valleys and from the Front Range. Evan and Myles will run the tournament with assistance from the Tennis Committee and RVR Staff. We anticipate the five RVR courts will be reserved for the tournament from mid-day Friday to mid-day Sunday. The tournament will also use the hard courts at Triangle Park and other local courts, depending on the total number of entrants. Hard costs for the tournament will be covered by entry fees and sponsorships. Dive-In Movie – July 22nd 8:15 p.m. – 10 p.m., Finding Nemo Community Gathering – July 27th, 6 p.m. – 8 p.m. Board and Staff introductions, State-of-the -Union Committee Reports Design Review Committee Design Review Committee Meeting Minutes of June 16, 2011 were reviewed by the Board; no comments. Tennis Committee Tennis Committee Meeting Minutes of June 8, 2011 and June 22, 2011 were reviewed by the Board. Jim noted that installing a backboard on one of our courts may have noise issues. Ted suggested that there might some work-arounds that could be investigated. Ian suggested that we contact Plum TV about potential coverage or a feature program on the RVR Tennis Classic. Management Updates Management – Systems and Processes are being refined. SOP’s are being documented and recorded. Staff training and technical support are on-going. The Community Manager has successfully applied for Roaring Fork Leadership and will begin programming in late August. There is a Manager on Duty during the evenings Monday thru Thursday. There is a Manager on Duty on Saturday and Sunday. The Master Action Plan is available upon request. 2 Media – Remaining communication efforts for 2011 will include but not be limited to, on-going webblasts, posting, display and verbal communications. Primary functions for the balance of Summer Camp are the Stars and Stripes Jubilee, the USTA Tournament, The Community Gathering, SeptemberFest, Dive-In Movies, and Wine Tastings. Fitness, Tennis and Swim Programming will round out the schedule. All functions have a summary narrative, action plan, and budget and are documented regarding attendance, actual costs and hits and misses. This documentation will serve as the template for 2012 Planning and Budgeting. So far we have had a Wine Tasting, the Tennis Kick-Off, the Community Garage Sale and three day Gone Fishin’ program. All functions to date are considered a success. Subject to Board determination, we may include AVLT recognition of RVR at the Community Gathering. The Member Packet is complete and is being distributed. Political –Management has rescinded the request of the TOC being the recipient of the collected Open Space Transfer Fee and the assumption of Triangle Park maintenance operations. The Ranch House Liquor License was approved by City Council on 6/14. The Tree Board approved the 2011 Tree Maintenance Plan subject to minor conditions and a Board Resolution (included). The Town Attorney placed the RVRMA considerations and conditions regarding the proposed Thompson Park Access and Utility easement into the public record. There is a Board resolution regarding this matter (included). The 2012 Executive Board of Directors Election is not required due to the fact that the number of candidates did not exceed the number of term vacated seats. Technical – Ranch House Landscaping- The Phase 1 Ranch House Bike Plaza is on schedule and within budget. The Plaza opened for use on 6/24/11. The Red-Twig Dogwoods which were removed have been re-located to the Crystal Bridge Pond. The Phase 2 landscaping project is underway and will be under budget. Management is proposing utilizing the remaining budgeted funds to fulfill this year’s tree replacement obligation. See the included resolution for details. All pool landscaping is complete. The pool deck is repaired. The audio system has been upgraded. The VFD’s are in operation for the slide, waterfall, rec pool and spa pumps. There was no VFD planned for the lap pool pump. We have reduced the pump rpm’s by approximately 45%. We will be able to determine the realized cost savings once we have a full month of operation with the VFDs and have received the corresponding utility bills. Subject to this determination, management recommends that a VFD is installed on the Lap Pool pump. 3 The pool deck core samples have gone to the lab and test results have confirmed that there was not proper air entrainment in the concrete at the time it was poured. Improper air entrainment will result in the surface peeling and cracking that we are experiencing. Interpolation of the test results indicates that we will not need a pool deck replacement for the foreseeable future so long as the aesthetic of a patched deck is acceptable to the community. The deck has not been properly sealed in many years. We have properly sealed all decks and walks this spring and will do so again prior to winter. The annual cost to seal the deck properly 2X a year is $7500. Repair costs for this year were approximately $2500. We will budget for pool deck repair and maintenance accordingly going forward. Proper maintenance should defer a costly phased deck replacement. The pool area is landscaped, furnished, staffed and 100% operational. Ranch House Mechanical -Three firms received our request for a proposal for the services of a mechanical engineer, visited and toured the Ranch House, received electronic copies of the mechanical drawings, and submitted proposals. We have two strong candidate firms, Big Horn Engineering from Grand Junction and Resource Engineering Group (REG) from Crested Butte. (The third firm, Rader Engineering, has focused primarily on high-end residential projects.) The proposals for all three firms have been received. Bighorn Consulting Engineers has broad experience with a full range of commercial and institutional clients. They were recently involved in the retrofit of the Hot Springs athletic club in Glenwood. Blaine Buck P.E. was previously employed by McFall-Konkel-Kimball (MKK), the engineers of record, for the construction of the Ranch House. Bighorn's proposal is quite brief and proposes a flat fee of $4,500. REG, Inc. also enjoys a wide range of clients. Among their current projects is a modification of the Aspen Recreation Center (ARC); locally, they were the engineers for the renovation of the Third Street Center. They enjoy a strong reputation for their LEED certified design work. The REG proposal is comprehensive, provides a detailed schedule for fees, and estimates a range of anticipated expenses from $14,500 $25,000. Both firms are highly qualified for this engagement. Both firms are busy and will have to travel to provide their services. Both firms propose to begin their engagement with a load analysis, modeling the energy demands of the several elements of the building's systems. Next Steps It will be helpful for members of the Facilities Committee and Management to interview both firms in order to inform the Board's decision-making process. While each firm is qualified for this engagement, each will bring a different style and emphasis. Since it is possible that this engagement might be the beginning of a long-term relationship, the perspective of several homeowner/volunteers will be helpful to the Board. Both candidate firms have been scheduled for these interviews the week of 6/26. The Committee and Management will make a recommendation to the Board at their July meeting. Neighborhood Painting – After consultation with the Executive Board, the Settlement and Old Town Advisory Committees and the neighborhood Owners, the painting contractors are under contract and 4 proceeding with contract services in Old Town and The Settlement. The contractor prices for the Settlement were kept the same as the pricing as the last two years. The contractor pricing for Old Town was kept the same for trim and porch painting. The siding costs went up by $500 per unit due to an increase in material costs. There are 8 houses being painted in The Settlement and 20 houses are receiving various services in Old Town. The Settlement Homes are being entirely painted. The Old Town Homes vary in service received due to differing materials on the structure. Depending on the location, services can range from porches, to siding, to trim. Any home in Old Town which is scheduled to receive siding paint will be painted on all four sides. Irrigation System O&M and A/R transfer – The auto-cad as-builts for the community portion of the system are 90% complete. Their shared-cost off and on site irrigation ditch system as-built is underway. We are pursuing the golf course as-builts through several avenues to overlay shared irrigation facilities between pump stations and community valves. We are currently calculating the irrigated areas that are RVRMA property, Town Parks or Town R.O.W. This will confirm those areas after the valves that are to be covered by the Master Association as opposed to neighborhoods or individuals. The targets are to finalize an Agreement and Capture Billing this year and commence the first Process Billing in spring 2012. Negotiations are on-going. All processes are subject to the participation of Crown Golf. Irrigation Operations - Rich and his crew continue to operate and troubleshoot the system zone by zone. There is no general customer dissatisfaction regarding irrigation that we are aware of. Grounds – Prima Plant Services has completed tree spraying operations for 2011. Prima has commenced spraying for weeds throughout the community. Aspen Tree Service will begin removing the 45 identified trees subject to the included resolution. Turf - Four Seasons had submitted soils for analysis to aid in determination of the cause of ailing turf along Heritage and ancillary streets. Lab results came back inconclusive. We have some positive recovery in certain areas with warmer temps. We are testing thatch, soil prep and over-seed in specific areas and monitoring response. Subject to a successful practice, that practice will be introduced zone by zone and irrigation run times will be increased for grow-in. Triangle Park continues to be maintained at a base/park level. Facilities – The Tennis hard court repairs are completed. 13 Ranch House windows which had failed are now replaced and have been filmed with low-e and reflective film. Semi-annual window cleaning is complete. The door jamb upper trim pieces have been replaced on the exterior doors to further prevent the loss of cooled and heated air. All security cameras are operational and all activity is recorded. New towel shelves have been installed. Budget and Finance Budget – Based on my review of the operating budget and planned reserve allocation expenses, I am confident that the operation can remain within budget for 2011 barring any unforeseen circumstances. This will require diligence in revenue enhancement and cost control. A budget v actual variance report is included in the Board packet. 5 Finance – Collection matters will be addressed in Executive Session. An Accounts Receivable/Foreclosure spreadsheet is included in the Board packet. These accounts will be discussed in Executive Session. Member Services and Hospitality- Training with seasonal staff is on-going. We are exploring a hospitality and recreational management internship program with Colorado Mountain College. The Juice Bar has introduced Heidi’s Wraps and Sandwiches and personal or by the slice pizzas. We have introduced pre-mixed 100% natural margaritas. We are adjusting inventory and product based on sales. The Ranch House loops digital images of announcements, events, activities and functions. We are using Microsoft Access for the Member database which allows us to query and communicate in a number of ways and to specific groups. Additionally, the software allows us to track specifics for any given member. Based on the feedback that staff has received, I would non-scientifically place our customer satisfaction at 90%. Dick Heinz asked for additional information on the first bullet in the Management Report under the heading “Political” which was about the request for the TOC to be the recipient of the collected Open Space Transfer Fee and the assumption of Triangle Park maintenance operations which has been rescinded. Jim indicated that the request was causing some confusion and push back. Ian and Jim together decided it would be most effective to rescind that request at this time. Jim expressed appreciation to Ian and his team for the good work they are doing. Dick agreed, indicating that he felt a good team had been put into place. Peter commented on how quickly Ian has come up to speed, so much so that he thinks they are ready to tackle the revisions to the Covenants. The intent would be to provide RVR homeowners and update on the highlights of the work on the Covenants at the summer Homeowner’s meeting. Jim indicated that they are still working on the details of the water issue with Crown Golf. Progress is being made, and the end is in sight. Thompson Park Easement Ian indicated he has had conversations with Mark Hamilton, the Town of Carbondale Attorney regarding the Thompson Park Easement. Ian told Mark that the RVR Board and he, as Community Manager, were uncomfortable getting into the land use approval process. Ian asked Mark for a clarification regarding this request. Mark explained that when the RVR Developer deeded Triangle Park to the Town of Carbondale, the General Warranty Deed included Covenants which specified allowable uses. This type of Utility and Access Easement is not a specifically allowable use in the Deed. Mark indicated that the TOC could probably unilaterally execute this easement without RVR’s consent and would have done so with an indemnification from the Developer of Thompson Park, which the Developer was unwilling to provide. Ian indicated to Mark that the word “consent” is what is creating concern on the part of the RVR Board. Mark suggested the words “We don’t object” as an alternative. The following Draft Motion A reflects that verbiage. 6 Dick indicated that he is not happy that as homeowners we still have financial responsibility for the maintenance of the Triangle Park tennis courts. Jim stated that we are obligated to maintain the courts, which are part of the deeded Triangle Park property because the developer committed RVR to this as part of the original development approvals. We have no leverage at this point to require the town to take over maintenance of those courts. Further, maintenance of park facilities that are part of the Thompson Park Development will be the responsibility of that development, not RVR. Draft Motion A: Resolved, that the RVRMA does not object to the proposed 50’ Access and Utility Easement requested by Cerise Park LLC for the Annexation and Zoning Application for the Thompson Park Subdivision subject to the following conditions and considerations; The request is a result of the language in the General Warranty Deed for Triangle Park which does not specifically state this proposed easement as an allowable use of the deeded property. The proposed 50’ easement is a consolidation of the existing, platted 20 utility easement and the existing, platted 30’ access easement. The RVRMA is not a party to approving or disapproving a land use application by not objecting to the proposed easement. The easement is strictly intended for the stated beneficial use and enjoyment by Cerise Park LLC, its successors and assignees. There will be no more than 45 single family dwelling units. The project will be generally consistent the land plan submitted by the Developer, dated 4/19/11, drawn by Michael Hassig. The River Valley Ranch Master Association shall review and approve a construction plan in the subject area prior to commencement of any construction by Cerise Park LLC, its successors and/or assignees. Cerise Park LLC, its successors and/or assigns shall relocate, repair, replace, and re-establish any existing utilities, landscaping, irrigation, access, parking or drainage appurtenances which may be affected by installation of any access, utility, landscape and drainage improvements. Prior to abandonment of the existing easement, Cerise Park LLC, its successors and/or assignees, shall at its sole cost and expense, and in consultation with the River Valley Ranch Master Association, remove the roadway within the existing easement and re-establish or establish any utilities, landscaping, irrigation, access, parking or drainage appurtenances within the existing easement. There shall be recorded abandonment and quit claim of the existing 30’ Access Easement and the existing 20’ Utility Easement, Reception No(s). 498928, prior to commencement of any construction in the new easement by Cerise Park LLC, its successors and/or assignees. All construction traffic, including but not limited to, sitework, grading, utilities, storm drainage, infrastructure, landscaping and all residential construction, shall be required by the Town of Carbondale to access the site off of Hwy 133. A separate bike/pedestrian path shall be installed adjacent to the roadway, within the new easement. The Town of Carbondale shall prohibit on-street parking along North Bridge Drive from Settlement Lane to Holland Drive, specifically creating, painting, signing and enforcing a no-parking zone in this location. The easement should sunset with vesting at 5 years and be vacated by quit claim deed at that time. No future or present development in adjacent parcels shall be required (or allowed) to access Northbridge Drive from the new easement. There shall be no net increase in the RVRMA maintenance obligation in this location as a result of the new easement. 7 Ted asked a question about bullet number nine. Ian indicated that this ‘vesting’ is associated with the current proposed land plan. Having this sunset requirement protects us in case this plan doesn’t materialize so that someone with a new plan is not automatically vested with the same benefit. Peter moved and Bill seconded the motion. The motion passed unanimously. Tree Plan Draft Motion B: Resolved, that the RVRMA approves the 2011 Tree Maintenance Program as approved by the Town of Carbondale Tree Board, it’s Town Council Liaison and the Public Works Director. Furthermore, the RVRMA directs the Community Manager to proceed with execution of the 2011 Tree Maintenance Program. Ian provided an overview of our work with the TOC Tree Board on tree replacement at RVR. The Tree Board is a five person Board with Frosty Merriot as the Town Council liaison. The Board indicated that if we have 45 trees that are dead, diseased, dying or dangerous they want a tree-fortree replacement because part of our approval documents had a landscape plan with specific trees in specific places. The Board indicated that until we come back with a tree replacement plan, none of the indicated trees may be removed. Ian set about working with members of the Board and TOC staff to come up with a plan. The net result is that we can take out our 45 dead trees this year and have three years to replace them. The plan is to replace 15 each year. This fall, priority will be given to replacing trees in front of homes to help maintain property appearance and values. In the second year, we would address trees in the right of ways. In the third year, we would address the Crabapple trees struggling in Orchard Park. This will give us time to evaluate their health and determine if we want to replace them with the same species or another more viable species. The goal was to get this conversation out of the political environment and take it to a staff level conversation where more efficient progress could be made. In so doing, we managed to make progress and defer the cost across three years. Money saved from value-engineering employed in the development of the Bike Plaza will go to the first year tree expense. Peter and Bill moved and seconded Draft Motion B. The motion passed unanimously. Old Business None New Business Jim extended thanks to Dick Heinz for the two terms he has served on the RVR Board. Dick will attend the July Board meeting where a formal seating of the newly appointed Board members, Bill Grant and Amy Harvey, will take place. Executive Session Board moved to Executive Session at 5:39 pm. Board left Executive Session at 5:56. Peter and Frank moved and seconded the following Draft Motion C: 8 Draft Motion C: Resolved that, the RVRMA hereby releases all collected Open Space Transfer Fee funds totaling approximately $36,000.00 from all of 2010 and the first quarter 2011. These funds shall be released to the Aspen Valley Land Trust. However, this release is not an acknowledgement of, or concurrence that the Aspen Valley Land Trust is entitled to these funds as a successor to the Carbondale Agricultural Heritage Fund. Furthermore, in consideration of current open space demands and uses by the citizens of the Town of Carbondale, it is the intent of the RVRMA to amend its Declaration to provide for flexibility in allocation of these funds for purposes which fulfill the general intent of the Fee while realizing direct benefits for the citizens of the Town of Carbondale. The motion passed unanimously. Adjourn Frank and Lani moved and seconded to adjourn the meeting. Meeting was adjourned at 6:07pm. 9