[VCHPOA Agenda] Minutes, February 14, 2006

[Agenda distribution list]

[As received from VCHPOA Secretary, 3/6/06]

Virginia City Highlands Property Owners´ Association
Minutes - Monthly Meeting 
Tuesday, February 14, 2006
Virginia City Highlands Firehouse

Present:  Richard Woolley, Richard Bent, Debra Gravenstein, and Rita 
Lumos
Absent:  Martin Landaburu


I.	Call to order, declaration of a quorum, and approve meeting agenda 
(Action)
Declaring a quorum present, President Woolley called the meeting to order 
at 7:05 pm.  


II.	 Approve minutes of January 10, 2006 regular meeting (Action)
A motion by Bent, seconded by Lumos to approve the minutes with the 
correction of one name spelling was approved unanimously.


III.	Financial Statements (Action)
A.	Monthly Cash Report 
B.	Monthly Financial Statements  

President Woolley stated that the budget for road work is largely 
expended so not a lot of road work has been done in the past month other 
than snow plowing and sanding.  

Lydia Hammack went over the financial report.  The cash balance as of 
February 12, 2006 is $31,127.29 and the reserve account balance is 
$26,686.79.  Estimated normal expenses for February are $16,046.  

The second invoices will go out in March to those who have not yet paid 
their dues.  Dues have not yet been received for about 300 lots, but dues 
are still being received regularly.   

There is a large additional vehicle insurance bill to cover the new 
vehicles and drivers, but this amount falls within the budget amount.  

The area has been declared a disaster area by the FEMA as well as by 
state and local agencies so there is hope that some expenses caused by 
the January flooding may be reimbursed.  Included will be cleaning out 
culverts, road repairs, equipment rental, etc.  

Transfer fees for sale of lots are very low.  

    A motion by Lumos, seconded by Bent to accept the financial statements 
    was approved unanimously.


IV.	Comments by association members (NRS 116.3108(3)) (Discussion only)

Dave Abel reported that he had talked to Fire Chief Gary Hames about 
eliminating fire permits for any open burning in the highlands.  Chief 
Hames reportedly suggested that if the POA requested this measure it 
could be considered.  The issue would have to be put on a future agenda 
for consideration.  Mr. Abel stated that there has been burning at a 
construction site near his house which required the fire department to 
respond, although a burn was permitted.  President Woolley stated that he 
does not believe that it is allowable to burn construction debris.  This 
item will be put on the agenda for the next regular meeting.  Keith 
Judson suggested that Chief Hames be invited to the meeting to discuss 
the issue.  Commissioner Flanagan stated that if the association 
requested it, the County Commissioners would consider a ban on open 
burning.


V.	Committee reports: (Discussion/Action)

A.	Architectural Committee

Minutes from the Architectural Committee meeting of the previous week 
were submitted. Eileen Craig has resigned from the committee and will 
need to be replaced.

The committee would like to require applicants to obtain an approved 
grading plan prior to submittal of building plans.  Currently a plot plan 
is submitted showing the location of the proposed building or addition on 
the lot.  Property owners are required to flag their property lines, 
proposed building lines, and clearing area.  A member of the committee 
inspects the property to ensure that proper setbacks are maintained.  
Rita Lumos suggested that if the plan is stamped by a licensed engineer 
or surveyor perhaps the inspections can be discontinued.  Board members 
expressed concern about the committee members being responsible for the 
inspections.  It is not known whether the Storey County Building 
Department inspects for proper setbacks.  

Lydia Hammack stated that Dean Haymore had mentioned at a Planning 
Commission meeting that grading plans would be required if there is a 
large amount of earthwork required.   

Rita will talk to the Building Dept. to verify what their requirements 
and inspection policies are and report to the next meeting.  This item 
will be continued until more information is gathered.  

At future meetings of the Architectural Committee applicants will be 
reminded to make sure that they are in compliance with the building dept. 
requirements.  

Keith Judson submitted a complaint about a fence that is under 
construction at 2549 Cartwright.  He went through the minutes of the 
architectural committee and did not find a permit for it.  It appears 
that the color will be white, which is in compliance with the current 
Architectural Guidelines, but not the CC&Rs.  

B.	Road Report

Cleaning of ditches from flood damage is continuing although some areas 
are still too soft to work.  Grading has been done on the north end of 
Empire, although stone is still needed.  A complaint about the condition 
of Hermit, on the north end of Sazarac has been received.    A complaint 
was also received about the condition of Morgan.  A property owner would 
like it graded and wants to know if it´s on the schedule.  No grading has 
been done since last fall other than for flood repairs.  

A backhoe was rented in January to do repairs.  The County has not yet 
replaced the sand they borrowed during flooding.  John DuFresne reported 
that it is scheduled for replacement.  Keith stated that the last time 
the association purchased sand it was done through the County.  This may 
no longer be feasible.  DuFresne said he has been working with the County 
Public Works folks to settle this matter.

The Highlands Ranches POA has a civil engineer who is a resident and has 
volunteered to do an engineering study and road maintenance plan for 
their subdivision.  It was suggested that we might talk to him about 
looking at our roads as well.  A proposal has not yet been received from 
the engineer Lumos has contacted.

President Woolley has talked to road engineers at the BLM who specialize 
in gravel roads.  Due to the clay soils in the area, all the stone 
applied to the roads sinks and will continue to sink, causing muddy 
conditions during wet weather.  He has been told that unless a geotextile 
fabric or similar is installed the mud conditions will continue.  This is 
very expensive, but could be used in some problem areas as a test.  

He would like to begin road work in March and would like to have the 
engineering study complete at that time. 

C.	Park Report 
There are no members on the park committee and volunteers are needed.  
Several in attendance stated that there is a plan already developed and 
the park impact fees are available.  Commissioner Flanagan suggested that 
the association submit a list of what development is desired to the 
County Commission.  They will then place the request on their agenda and 
vote on approval of the construction.  He said that now is the time to 
submit the list since budgets are being prepared at this time.  
Gravenstein and Lumos will take responsibility for the submittal to the 
County Commission.


VI.	Old business (Action)
A.	Fire Station: Lease Approval
The proposed lease was reviewed by volunteers attending the meeting.  The 
Fire Dept. is asking for a 10 year lease term.  They are also asking for 
shared costs for future repairs on the water and septic system.  Under 
the current lease these are the County´s responsibility. All agree that 
the current provisions should remain in effect.  The private residence is 
the association´s responsibility.  

It was suggested that a sentence be added to Section 11:  Use of water 
which says that any use of water other than by the Fire Department needs 
specific approval of the VCHPOA.

It was also suggested that a sentence be added stating that the lease 
becomes "month to month" when expired until a new lease agreement is 
completed.

Ray McPartlin questioned the language in Section 12 regarding termination 
of the agreement.  He commented that the language makes it too easy to 
get terminate.  It was pointed out that this is boilerplate language 
present in most lease agreements.  Most agreed that this is not an issue 
at this time.  

Dave Abel asked if water from the well can be used on the roads.  
Currently it is not allowed.  The well is just a domestic well and is not 
permitted for quasi-municipal use.  President Woolley stated that putting 
water on the roads during dry weather is a waste of water and 
ineffective.  The association will look into other means of dust 
abatement.  

President Woolley will make the suggested changes and return to Gary 
Hames to obtain County approval.

B.	MOU with HRPOA regarding equipment use
President Woolley stated that this might be a moot issue since the HRPOA 
has passed a special assessment for the purchase of equipment.  Shelley 
Hansen, secretary of the HRPOA, says the recently approved special 
assessment for that subdivision is for road work and not equipment; 
however they are planning to buy a grader in the future.  They will not 
be using our equipment at all for road work.  She commented that she did 
not find a rate quoted for the water truck in the proposed MOU.  In prior 
years the rate was $35/hr.  

C.	Long Term Road Plan 
A proposal for the engineering study was due today and not received.  A 
special meeting will likely be called to formulate a plan for the study 
and repairs.  Repairs need to be done in the spring in order to be 
effective.


VII.	New business (Action)

A.	Sale of surplus vehicles/equipment
There are two of the older trucks that are no longer needed and are no 
longer in very useable condition.  The plows on them may be worth more 
than the vehicles at this point.  President Woolley would like to obtain 
approximate values for them, sell them, and put the money back into the 
reserve account.  The money could be then used to purchase gravel for the 
roads.  

    A motion by Lumos, seconded by Bent, to authorize President Woolley to 
    obtain values for the vehicles, advertise, and sell the excess equipment 
    was approved unanimously.  

Dave Abel said that if an advertisement is placed in the Comstock 
Chronicle it automatically goes into the Big Nickel and Sparks Tribune.  
Woolley will also look into advertising on Craig´s List on the internet.

The front loader that was purchased last fall is not working as expected. 
 The loader is too big for its intended use.  A substantial amount has 
been spent in upgrading and repairs.  It is the opinion of several 
present that a back hoe would be a better piece of equipment for the 
necessary work.  President Woolley stated that we could possible rent a 
backhoe when needed over a 10 year period for the amount a good used hoe 
would cost.

John DuFresne has approached the association about trading rock for the 
loader.  He has apparently purchased or obtained rights to a quarry near 
Virginia City.  A written agreement would have to be signed by both 
parties stating the value of the vehicle and the amount of rock to be 
delivered.  Legal ramifications would have to be investigated prior to 
entering into any such agreement.

Dave Abel asked how the loader was purchased.  It was purchased with 
funds from the special assessment, so if sold, the money would have to be 
put to a similar use.

No action was taken on this item at this time.

B.	 Reconstruction due to flood damage; possible transfer of funds from 
reserve account to operating fund.
Emergency repairs from the January flooding amounted to about $8000.  
There are still issues to be resolved on many roads.   Money for the 
repairs could possibly be obtained from the sale of excess equipment, 
transfers from the reserve account, or a special assessment.  State law 
requires that a certain amount must be maintained in the reserve account. 
 
No action will be taken until a report from an engineer on road 
maintenance is received.

President Woolley stated that the ditches along the sides of the roads 
need to be stabilized.  This may require the installation of rip rap, 
gabions, or small weirs.

Keith Judson stated that he feels it is appropriate to tap the reserve 
fund to do repairs in the short term and defer sale of equipment until 
later.
  
C.	 Attorney response to questions from Board
A response to the questions sent to the association´s attorney has not 
yet been received.  If received soon this may be added to the agenda of a 
special meeting within the next few weeks.


VIII.	Adjourn
There being no further business the meeting was adjourned at 9:00 pm.
Respectfully submitted,

Rita Lumos, Secretary