Randy Mae, President, called the meeting to order at 3:00 p.m. All were present and a quorum was established.
General Office and Budget Updates:
Water & Sewer Association
A Glacier View Meadows resident who is not on any of the community systems (Membership class A0) has complained about the transfer of money from the 001 account to the 002 account. The grounds for the complaint are as follows:
1. Money paid by membership category A0 members should not be used for the purpose of financing projects on the community system. They cite Water and Sewer By-Laws (Article 7.1.2) and Master Declaration (Section 4.4) as the reasons why.
2. Transferring money between accounts sets a bad precedent which would justify transferring money between any accounts in the future. However, a loan could be made between accounts with favorable terms.
3. By using money in the 001 account for a project in the community system, Glacier View Meadows is ignoring the rights of an entire class of membership (A0 – residents not a community system with private wells and septic systems).
The board believes that this action is legal and ethical since it does not violate two specific stipulations in the Water and Sewer By-Laws(Article 7.1.2) and Master Declaration (Section 4.4) for the use of Association funds. The board also believes that the combined funds of all three budget accounts constitute the total funds available to the board to execute their responsibilities as defined by the By- Laws and Master Declaration. They also believe the Master Declaration clearly gives them the responsibility and authority to use these funds in the best interest of the community. The waste water treatment project is a repair and not a "new function". They also believe that completing this project clearly benefits the general public health and environment and protects property values of all residents regardless of membership category. The applicable sections from the By-Laws and Master Declaration are shown at the bottom.
After discussion the Board agreed by consensus to seek
professional legal counsel on both the decision to transfer funds and on the objections of the member. Further discussion tabled until September Meeting.A. Limited use of water from Crellin or Batterson Lake for Demonstration Garden drip irrigation system: In order to observe the watering restrictions imposed by the water augmentation plan, the Ecology Committee requested permission to use water from Crellin or Batterson lakes. Municipal use is permitted by the water rights for these two lakes. The Board discussed the Xeriscape Demonstration Garden and questioned why the Garden should be supplemented with water. It was explained that a Xeriscape garden is a low water garden and will not survive with out supplemented water during the dry months.
Randy Mae moved to allow the Ecology Committee to remove up to 500 gallons of water per year from Crellin or Batterson Lake for irrigation. Unanimous- motion passed.
B. Review of legal requirements for November Local Improvement District (LID) vote: The vote on the LID will be on the ballot for November 6, 2007 election. The vote will be mail-in ballot only. Ballots will be mailed to eligible residents around October 12th by Larimer County. To be eligible to vote residents must be active, registered voters in Colorado and must have lived (as owners or renters) in the LID for at least 30 days. One is inactive if they did not vote in the last general election, November 6, 2006 or have moved and had a change of address and did not notify the election office. If you believe you might be inactive call the election office at 498-7820 to update your information.
Adjourned at 3:42 pm