Minutes - ECIA Governing Board

ECIA Board Meeting Minutes

Monday May 18, 2020

Call to Order

            Meeting called to order at 5:01 PM

Roll Call / Declaration of Quorum

  • BOD in attendance: Nancy Sulzberg, President, Melicent D’Amore, Vice-President, Sal Monaco, Treasurer, Carol Sanguinetti, Secretary, David Sorkin, Director
  • Staff in attendance: Mike Rogers, Operations Manager, Jessica Collins, Pool Manager, Rachel Turnbough, Executive Assistant, Sarah Skagen, Admin Assistant
  • Not in attendance: Julie Navarro, General Manager, excused absense

Approval of Agenda

            Amend to add Policy Review and Website

            Moved by Mel D’Amore, Second by David Sorkin, 5 in favor, no opposed

Announcements: Meeting is being  streamed  on ZOOM with the following rules:

  • Each ZOOM meeting is given a random Meeting ID
  • The “Waiting Room” feature is active so there is no automatic meeting entry
  • Participants cannot join before the Host
  • Guests are muted; questions can be typed in with responses given appropriate to the agenda
  • When recognized to speak, guests will state full name and address
  • Private messaging during the meeting will be been disabled.

CONSENT AGENDA ITEMS

  • General Manager’s Report
  • April Board of Directors’ Session Minutes
  • Covenant Compliance Report
    • Moved by David Sorkin, Second by Sal Monaco, 5 in favor, no opposed

PRESIDENT'S REPORT – see Appendix A

TREASURER'S REPORT – see Appendix B

HOAMCO REPORT

  • Waste Management Agreement – tabled
  • Dog Park – tabled as will be discussed in Open Forum
  • Parking lot drainage
    • Is complete and works – this is parking next to pool and drains all the way around and into trees north of the pool
  • Stables trail course
    • Completed what maintenance was to do – step course and mailbox and a few other obstacles
    • Stables people will be completing the rest of the work
  • Playground Equipment (CC in older kid section)
    • Equipment is on site and PlayScapes will be installing this week
      • New boogy board, new mulch and larger area
    • Parking lot lighting
      • Pushed out about one month due to electrician – he is currently installing phase converter and CC interior lighting
    • Cameras
      • Adding new cameras to courts, compadres park and stables
        • Bids from IntraWorks, Santa Fe Home Tech, and Richard’s Electrical Solutions

POOL UPDATE

  • Jessica Collins, Pool Manager
    • May 6 – F&G meeting there was discussion about opening with restrictions (used a pool in Colorado as example); lap swim only, share lane with members in household, appointments for swim time. Jeff Elison and Associates are certifying lifeguards because American Red Cross is not doing so. Use filter with mask when doing resuscitation, VeroMax filters, this protects lifeguard
    • May 7 – CAI webinar regarding opening pools and communities – highlights are:
      • Legal – Under governor, BOD makes decision about opening
      • Waivers – adjust wording to reflect how opening and will need “gate keeper” to ensure compliance
      • We can be sued – whether we have insurance or not if jury finds negligence in sanitizing
      • Need more lifeguards to patrons in the pool; need this ratio because less people allowed in the pool and need lifeguards available to ensure safety of pool, crowd control, sanitizing, checking pool passes, making appointments, etc. – have 5 certified lifeguards who are still willing to work
      • No lifeguard course/training right now because too close to each other when practicing water saves – have 5-10 candidates willing to work as non-certified pool attendents if able to open
      • No swim lessons this season
      • Guests – highly suggested no guests at all
    • May 15 – NM Environmental Department through May 31 no pools are opening meaning no pool inspections happening either – not scheduling anything, no wait list, nothing until Public Health Order says okay to open pools
    • City of Santa Fe – pools are still closed; looking at end of this month/beginning of June before making another decision
    • City of Albuquerque – might open outdoor pools for lap swim beginning June 6; dependent on next Governor’s address
    • No decision made about pool passes, lap swim availability, hours – wait and see how can do this
    • Can only do what we are permitted to do
    • Will have to be new restrictions in place if pool is able to open

VARIANCE REQUESTS

  • None

MOTIONS

  1. Motion to affirm electronic vote to approve Amelia Adair as a member of the Roads Committee.
    1. Moved by Mel D’Amore, Second by Sal Monaco, 5 in favor, no opposed
  2. Motion to approve Tara Debevec as a member of the Stables Committee.
    1. Moved by Carol Sanguinetti, Second by Mel D’Amore, 5 in favor, no opposed
  3. Motion to accept the resignation of Nina Harrison from the Architecture Committee.
    1. Moved by Mel D’Amore, Second by David Sorkin, 5 in favor, no opposed
  4. Motion to approve rock climbing policy in preserve.
    1. Moved by Carol Sanguinetti, Second by Mel D’Amore, 5 in favor, no opposed
  5. Motion to support the chip seal project of the SF County Public Works Department on RAP roads.
    1. Moved by Mel D’Amore, Second by Nancy Sulzberg, 5 in favor, no opposed

ECIA BOARD OF DIRECTORS ATTORNEY

  • Lynn Krupnik
    • Representing Community Associations for 23 years; representing Community Associations in New Mexico since 2006
    • Represent about 180 Homeowners Associations in New Mexico
    • Involved in CAI also – certified through CAI with College of Community Association Lawyers
    • Represent corporation through Board of Directors that is elected by the members
      • Do not represent individual Board member or individual Manager
    • HOA is corporate entity – who you pay assessments through, is corporation who runs everything; decisions are made through BOD on behalf of the corporation
      • Do not represent any management companies

 

COUNTY LIAISON

  • Status Report – Joseph Gutierrez, 9 Moya Loop
    • Capital Funds – Eldorado has three grants; money appropriated from Santa Fe County for use within Eldorado
      • $150,000 for road improvement within Eldorado; $100,000 for trails in Eldorado; $200,000 for extension of hike/bike on Avenida Torreon to Hwy 285
      • Funds have been frozen – have not been reverted yet but highly likely state will recoup these funds from county; 17 projects in county with funds frozen
      • Good position to secure funds in the future
    • County has committed and is investing their own funds on fixing the RAP roads with a chip seal
    • Decision will be made in next 30-60 days approximately
    • Working on easement with Water Department on Stable property

 

COMMITTEE PRESENTATION

  • Architecture – Katherine Mortimer
    • Committee – Ensuring the built environment is consistent with the covenants
    • Architecture application to make changes to structures on property
    • Submit drawings – what is there, what is changing, dimensions, scale
    • If proposal meets guidelines committee can approve; if not submit Application for Variance
      • Must have a reasonable reason
      • Variance is a Board decision not committee decision
    • Two vacancies on committee
    • County updated Land Use Code – increased side setback to 25 feet
      • Existing non-conforming in Eldorado – existing structures are grandfathered in but can not make change to
      • Big process to figure out
    • Are not architecture police – convenant violations are handled by staff

 

NEW BUSINESS

  • Vacation Rentals
    • Considered a change to the use of your property – negative consequences
    • Restrictions in current covenants – none right now; have trouble regulating it
      • Take a covenant change which is hard to do – next to impossible
    • Has been reviewed as a business and can slide in under that part of covenants
    • Lynn Krupnik – court case that was trying to imposing minimum lease term. Law states if there is a minimum leaseterm it must be in CC&R’s
  • Food Truck – Tara Woodruff
    • Tara not present during meeting – tabled
  • Policy Enforcement
    • Need to give guidance to policies that we write – how do we enforce it; what are the consequences; etc.
    • Monty VanderMay – enforce with owner not tenant; violate rule and fine schedule associated with violation
    • In July 2019 NM HOA Act was amended and HOA’s have authority to impose fines – violator have a chance to be heard before fine is imposed; ongoing violation vs recurring violations.
      • Owners need to comply with the covenants – in HOA Act
      • This does not need to be in CC&R’s – just rules adopted by BOD

OPEN FORUM

  • Dean Smith, 4 Floresta Dr – When will tennis courts open?
  • Don Clark, 2 Ensenada Dr – Would like to submit document regarding opening the tennis courts.
  • Ann Maes, 56 Verano Loop – Support opening the courts for daily exercise and coming up with a solution.
  • Mike Schneider – Open courts. People have been following rules and people want to be outside
  • Ann Maes, 56 Verano Loop – big dog park and little dog park now. Dogs should be allowed to have fun and people need to social distance. What can do to get the dog park open?
    • Nancy – dog park subcommittee to come up with COVID-19 rules to follow. Email Marie Aragon to make recommendations.

TASK GROUP REPORTS

  • HOAMCO Review - Monty VanderMay and Sal Monaco
    • Survey – 585 responses; lots of detail about what people like/don’t like
    • RFP – for Management Companies and is available under “News & Events” on website
      • For new contract starting January 2021
      • May 22 – questions due back to us
      • June 12 – proposals are due
      • Evaluation complete in July
      • Board decision made in August
      • Interviewed 4 companies
    • Mike Schneider – Look at another governing model?
  • Website Task Group – David Sorkin
    • Garrett was under impression this was dead
    • Begin process by discussing navigation and capability of what we currently have and where may go
    • Each member has been given a basecamp account
    • Not staying with current website format but is interchangeable
    • Use a management company website software vs using own
      • Everything needs to be compatible
    • Have looked at cybersecurity and malware and antivirus – is required
  • Policy Review Task Force – Mel D’Amore
    • See Appendix D

 

COMMITTEE REPORTS

  • Architecture Committee – Mel D’Amore
    • See Appendix D
  • Conservation Committee - Carol Sanguinetti
    • Temporary ban on rock climbing – biggest issue right now
    • No work days scheduled because of COVID-19
  • Election Committee – Sal Monaco
    • See Appendix E
  • Facilities & Grounds Committee – David Sorkin
    • See Appendix F
    • Pool – bottom repaired, shade structures needed adjustments after inspection, no swim lessons until 2021
    • Electrical – converter has been done
    • Parking lot – mid june
    • Basketball court – resurfaced/hoops removed
    • Volleyball court – new sand
    • Hike/bike – looking for mowers (Joseph Gutierrez)
    • R&R inspections – in process
    • What want state/county to do in the next year – grants/money for
    • Dog park annex – completed / new rules
    • 401 trail has been defaced
    • County – doing work on roads – 5/26 date of starting RAP roads
    • Card swiping for all amenities – discussed
    • Signage uniformity discussed
  • Finance Committee – Sal Monaco
    • See Treasurer’s Report (Appendix B)
  • Information Committee – Mel D’Amore
    • See Appendix G
  • Road Committee – Mel D’Amore
    • See Appendix H
  • Stable Committee – Carol Sanguinetti
    • Need fence variance – need to ask architectural committee about it
    • Will have work day – following CDC guidelines
    • New member – Tara Debrevec
    • Panels are delivered and upper arena can be completed
  • Ad Hoc Welcome Committee – Carol Sanguinetti
    • Creating Welcome Baskets as people move in
    • Creating list of important numbers to be included with HOAMCO escrow packet
    • 4th of July event discussion
    • Welcome Committee event – still being discussed

ADJOURNMENT

            Moved by Mel D’Amore, Second by Carol, 5 in favor, no opposed

Meeting adjourned at 5:21 PM

Executive Session

Upcoming Board Meeting:  June 15 at 5 PM via ZOOM

APPENDIX A – President’s Report

President’s Report

May 18, 2020

American existentialist psychologist, Rollo May once said “Communication leads to community, that is, to understanding, intimacy and mutual valuing.”   During this first year of membership on the Board [this Board meeting marks my anniversary], I have worked to do just that.  Honest, open and timely communication between and among our residents, our volunteer cadre, our HOAMCO staff and our ECIA Board of Directors has been my standard.  It’s not an easy process because like beauty being in the eyes of the beholder, words are understood through each person’s filters.

To some in the community, issues are a matter of yes or no, black or white, right or wrong.  Would that it was so.  I’ve yet to handle any decision that didn’t require  input from Board members, volunteers, members, staff, sometimes attorneys, vendors, and so on.  So tonight, as we hear about the pool, the management company selection process, or vacation rentals, please remember that as a Board of Directors, we  consistently work to keep all parties informed;  it takes time, effort, patience, and good sense.

For instance, let’s look at how to decide whether to open the amenities.  In this age of law suits, the Board must recognize ECIA’s liability.  Does anyone want the  community to be caught up in another long and expensive  law suit?  Sure, it would be easy to just say, ok, let’s open everything up and put restrictions in place.  But - who will monitor participation?  How can we be assured that those using the amenities, the tennis courts, dog park, playgrounds, basketball courts, will follow social distancing and mask requirements? Folks used the basketball courts even when they were closed … we had to take down the hoops to ensure compliance.

I know we are all tired of C19 statistics, predictions, restrictions, recommendations, and so forth,  but with that in mind, who among you is willing to risk illness and perhaps be the impetus for an increase in C19 cases in Eldorado?  To date, we have been spared a widespread infection rate … I believe it’s because we are adhering to the CDC’s recommendations and our Governor’s restrictions.  We will be discussing opening the amenities at this meeting, but no decisions will be made.  We want your input and ideas and will consider them as we make final plans.  But, please know that the Board will be working with our attorney to make sure whatever decisions are made are in accordance with appropriate guidelines and are in the best interest of the whole community. 

As I previously said, I am committed to honest, open and timely communication.  With that comes the expectation that we all strive to do so.   I totally support every persons’ right to express their opinions and concerns about ECIA, HOAMCO or any issue in this community.  But I hope that when they do so, they understand that it is their opinion and concern, not that of the whole community

For example, recently, a non-resident of Eldorado is quoted in the New Mexican saying “If this [the Dollar Store] goes through, Eldorado plans to incorporate, and we will take control of our own destiny …. We do not want to break from the county. We know where our tax dollars go, and it’s an appropriate spread now, but don’t make us tear away from the county.”  Said by someone who doesn’t reside in Eldorado, this comment is not based in any truth and yet now, it’s out there for the paper’s readers. The person had no right or responsibility to speak on behalf of Eldorado.  Public speaking on behalf of the ECIA community is reserved for the Board of Directors or our designee.  This is for the community’s protection – I don’t think we want false or misleading comments made in  public   So I ask us all, please, if you have concerns, issues, ideas, comments or reports, please send them to the Board or an appropriate Committee and know that you will get a response.

I will end this report as it started,  “Communication leads to community, that is, to understanding, intimacy and mutual valuing.” So, as we go forward, let’s work together to ensure the continued health, welfare, pleasure and pride in Eldorado.  Thank you to those who serve in so many capacities.  We wouldn’t be as vibrant and as connected without you.

APPENDIX B – Treasurer’s Report

Treasurer’s Report

5/18/2020

Financial Statement: April 30, 2020

Key Points:

~ $1.3M in Operating Fund Cash

~ $607K in Reserve Fund Cash

Total Cash ~$1.966M (up about $55K from Feb)

Accounts Receivable: ~$55K  (prior year assessments); $124K (2020 assessments)

92% of assessments have been collected

Actual vs. Budget YTD: $351K vs. $496K (we are $144K under budget, primarily from lower expenditures in capital projects and payroll)                       

Items from the Finance Committee:

  1. Due to the timing of barn owner invoices, the Finance Committee recommended that first late notices go out to barn owners after invoices are overdue 60 days – change from 30 days in current policy.
  2. FC noted that the revised Collection Policy recommended by the FC and approved by the Board should be posted on our web site.
  3. FC announced that committee 2021 budgets are due by June.
  4. FC recommended need for 5 additional security cameras at Compadres Park due to recent activities in violation of rules. CPR form will be prepared for 2020 installation.

APPENDIX C – Architecture Committee Liaison Report

Architectural Committee

The Architectural Committee met on May 12. It was another resident filled zoom meeting with a number of restucco approvals, requests for fences, PV systems and a carport (all of which were approved). 

The committee recognized the resignation of Nina Harrison.

There was a lengthy discussion regarding a 3 x 5 ft. lit LED American Flag that members of the committee would take a look at and report back to the committee which meets again on May 26th. Mark Young, Katerine Mortimor and I attended a meeting this morning with the County to discuss the County’s 25 foot setback rule issue. Details will be discussed at the next Architectural meeting on May 26. I will have an update for the June board meeting.

 

APPENDIX D – Policies Review 

Policies Review Update

May 18, 2020

Melicent D’Amore

As previously stated, I’ve completed my preliminary policies search with many found to be incomplete, without signatures, dates and/or policy numbers, with some no longer in force but never rescinded, and others that were simply missing. This meant prioritizing by category to determine whether to follow, update, rescind or initiate a new policy. With this process nearly completed, the next phase will be to compile a list of all policies no longer in force and present them to the board as a blanket motion to rescind, hopefully for the June Board Meeting.

In addition, all policies in need of updating will be re-written and re-motioned in order of priority, which will take some time. The Board is in agreement that policies dating back 5 years (2015) are considered “current”. 

When completed, a record of ALL current policies will be compiled within the “ECIA Policy Book of Governance,” the Board of Directors Board Books and on the ECIA website.

 

APPENDIX E – Election Committee Liaison Report

The EC met May 13, 2020.  In revisiting the Election Process, the Committee felt the modified procedures used because of the health emergency were successful.  The committee also requested that two additional procedures be modified as one-time alterations to the ECIA Election Procedures for the 2020 Annual Election:

  1. The process for Ballot envelopes received after the election dateline will be as follows:
    1. ECIA Staff will mark the outside of each late envelope with the date received via mail. Envelopes will not be opened.
    2. On May 21, 2020, ECIA Staff will count the number of Ballot envelopes received past the deadline, bind them with a rubber band, and place them inside the Ballot Box using keys from the safe. The Ballot Box will then be re-secured.  This will conclude all processing of late received Ballot envelopes.
    3. The count of the Ballot envelopes received after the deadline will be reported to the Chair of the Election Committee for statistical purposes.
  1. The processing of 2019 Election Materials according to the ECIA Record Retention Policy is to be postponed until September 1, 2020, upon which a further determination will be made regarding proper disposal of these materials.

The Board unanimously approved these revised procedures.

 

APPENDIX F – F&G Liaison Report

Facilities and Grounds Report   May 18, 2020

Submitted by David Sorkin, Board Liaison

  • Pool 
    • Pool bottom repaired
    • Shade structures inspected and minor adjustments were necessary.
    • State inspection is mandatory for pool opening and no word when that  will occur. (Public Health order).
    • Swim lessons will be deferred until at least 2021. A member voiced objection that insurance costs override the benefits of safety teaching children and residents to swim.
    • Plans being developed for opening.
  • Electrical
    • Installing 3-phase converter and upgrading circuitry in mechanical room.
    • Parking lot lighting should be completed by mid-June.
  • Resurfacing Basketball Court scheduled for June 6-12.
  • Volleyball court getting new sand.
  • Maintenance of hike/bike network.
    • Looking into 3rd party to assist in mowing, pruning, and remediation.
    • Staff has corrected (repaired) areas observed as hazardous.
  • Basketball courts had hoops removed due to disregarding closure notices.
  • Asset Inspections for R&R in 2021-2022
  • Dog park annex has been completed and the sub-committee is working on  drafting a new set of rules to be published on ECIA website, Vistas, and/or Eblasts.
  • Hike/Bike improvements are being addressed by Joseph Gutierrez following up with the County.
  • 401 trail has been defaced and Mike is in discussion with REI about  removing the destination from their maps & promotional videos.  F&G  recommends the Board retain legal council if REI doesn’t comply.
  • RFP soliciting management companies for the next 3 years.
  • County is doing work on our roads, (sweeping and beginning 5/26 chip  sealing our RAP roads.
  • Existing insurance provider’s contract expires in mid 2021 and the searchhas begun for a broker/carrier for Eldorado.
  • Discussion concerning enforcement of rules e.g. Dog Park, Pool, Courts,  Stables, Hike/Bike paths and reporting criteria.
  • Card swipe entries for some/all of our amenities is being discussed.
  • Signage templates for uniformity on common ECIA properties. 
  • Timeliness of progress status reports on maintenance, problem tickets, etc. prior to F&G meetings. 

 

APPENDIX G – Information Committee Liaison Report

Information Committee 

May 18, 2020

Melicent D’Amore

The Information Committee is handling the Vistas via email and phone communications. In order to save time and eliminate last minute changes and keep costs down, a revision of the editing process has been made. Articles must be submitted by the 5th of each month and circulated to the members for editing. All edits are returned to Pam by the 11-12th of the month and then sent to the author to check for accuracy/meaning and returned to the committee by the 16th. No changes are allowed past this date. Completed info will be sent to Sandra no later than the 18th for formatting and sent on to the printer. There will be a disclaimer stating that all articles contain current info as of Month/Day unless noted. The only late article allowed will be the board meeting report.

Three RFPs have been submitted for consideration containing several logo designs. The committee is discussing possible methods for a selection including that the committee make a recommendation or allow a “task group” made up of a few residents with graphic design, publication and artistic experience make a recommendation to the Board who will make the final decision. Once a decision is made, the actual development can hopefully be accomplished in a month or so. If anyone has a suggestion, please contact Pam Henline.

 

APPENDIX H – Road Committee Liaison Report

Road Committee Report

May 18, 2020

Melicent D’Amore

The Road Committee meeting was held via zoom on May 6, 2020. The committee welcomed its newest members Paul Ingraham and Amelia Adair, who is now the secretary and minutes taker.

Mr. Mason stressed that the RC is purely an advisory committee, whose function is to analyze technical problems with Eldorado’s roads and present this information to the attention of ECIA Board and to Santa Fe County Public Works Dept. for action.

The Road Committee respectfully asks residents to report a road concern directly to the Santa Fe County Public Works Dept. at: santafecountynm.gov/public_works/road_concern 

Scroll down to Submit Your Request and follow the instructions or call 505 986-6200. 

Unfortunately, $500,000 in Capital Investment funding for Eldorado has been lost due to an extreme drop in the price of gas. The good news is that there is $150,000 available funding which will be used for paving. A field visit by Mr. Mason and the County PW engineer, Mr. Diego Gomez along with ADT “average Daily Traffic” data determined that Cerrado Loop will be paved. A start date is pending. As soon as the information is confirmed, residents will be notified and kept informed during the process.

The RAP Town Hall was held on May 13, 2020. James A Mason and myself facilitated the 2 hour meeting with over 35 residents in attendance. SF County representatives included Commissioner Edward Moreno, Constituent Services Liaison Olivia Romo, Diego Gomez, Projects Manager, Gary Giron, Public Works Director, Ryan Ward, Roads Director, Richard Chang, Roads Superintendent and District 5 Roads Maintenance Foreman Chris Sena.

The purpose was to provide direct communication between Eldorado’s residents and the SF County Public Works Dept. staff regarding the County’s plan to chip seal over the 8 RAP’d roads: Juego Road, Court and Place, Glorieta Road, Chusco Road, Carlito Road, Demora Road and Estrambre Road with a start date of May 26th. The maintenance project must be completed by June 30th due to the County’s fiscal year ending July 1, 2020.

 A full summary of the Town Hall will be posted on the ECIA website within a few days, (as soon as I can complete the details).

The next Road Committee meeting will be held via zoom on Wednesday June 3rd at 5:30 p.m. Anyone who wishes to attend please watch for an ECIA Eblast for a zoom invitation or contact the office for information.