MINUTES OF EXECUTIVE BOARD MEETING

COLORADO PUBLIC TRUSTEES ASSOCIATION

APRIL 10, 2008

President, Jim Covington, called the meeting to order at approximately 10:45 a.m. The meeting was held at Adams County.  Present in person were:

            Jim Covington

            Michelle Miller

            Sandy Berry

            Bob Sagel

            Carol Snyder

Present via phone conference (due to inclement weather) were:

            Linda Statz

            Patty Bartlett

            DeeAnn Stults

DeeAnn requested that someone else take minutes today because it was very difficult to do via phone. Carol Snyder volunteered to do minutes for today’s meeting.

Discussion was had about needing new, additional PT lapel pins because many of the newer PTs do not have them.  It was determined that Jim will order them and that they will have the hooks so that the bars for “Past President” and “Certified PT” can be added to them as necessary.

Jim pointed out that our “new law” training costs were not as great as anticipated.  We spent about $2,500.  $7,500 was donated for those costs.  It was determined by the Board that the money not spent for training costs would be moved to the “legal fees” budget because we had legal expenses over what was anticipated. Michelle has recently paid a $12,000 bill from Rich Krohn and some more bills are expected.  Discussion was held about the feelings of some counties that they would not be following Rich’s legal opinions and advice because they felt it was too rigid or too literal an interpretation.  It was agreed by the Board members that if an individual PT chooses not to follow Rich’s advice there’s not much the Association can do except try to encourage all PTs to follow it until some legislative changes can be made.

Carol mentioned that she now has the Training DVDs from the November 19, 2007 training class in Adams County.  There are 4 copies of the DVDs.  One copy will be sent to Bob Sagel and he will attempt to get it posted to the CPTA website.  The other copies will remain in Adams County and the members of CPTA will be advised (hopefully by Bob Sagel via blast email) that they can be checked out (library style) but must be returned so that they will be available for other counties to use.  This may not be as necessary if the recording can be posted to the website.

Patty pointed out that Rich Krohn’s 20+ page December 07 opinion has a couple of wrong citations:  On pages 8 and 9 the statutory reference regarding section 38-38-302 in the middle of page 8 should be to 38-38-103 regarding combined notice mailings (and not 38-38-104); and the time limits for supplemental and amended mailings lists set forth on page 9 should probably be set out in TWO different sections since the time limits are different for a supplemental vs. amended list.

Patty also brought up that perhaps we could combine the Initial and Supplemental mailing lists and the one mailing would be done perhaps a little later after recording of the NED.  We need to determine when the attorneys are doing their title searches to see if this could be workable. Also consider how many mailings need to be done for adequate notice to parties.

It was announced that Allyn Huffman may attempt to arrive at our meeting (weather permitting) to bring some forms for review and approval.  (However, she did not make it by the time the meeting was adjourned.)

Jim Covington informed the Board that Georgia Chamberlain had called him regarding the additional language for the Combined Notice regarding lienors.  Rich Krohn hasn’t been able to do the language due to illness.  It was determined that the CPTA would do it ourselves and we need to take it off the list of Rich’s list to do.  We could make it brief so it doesn’t increase the CN too much and it could be patterned after Dianne Bailey’s suggested language. We also need to be sure to get approved forms not only to GTS but to MTech as well.

Jim also advised that the IRS has reared its head again. Dianne Bailey (Douglas PT) wants them to have the additional 120 day redemption period through our offices under our State laws.  None of the Board agreed with this position and it was agreed that we would stick with Rich’s opinion that if the IRS wants to redeem through the Colorado PT offices they need to do it like any other lienor and then, if they wish to redeem under FEDERAL laws, they can do it thereafter and their Federal redemption would “trump” our deeds.

Carol mentioned that there is an appointed PT meeting scheduled for May 22^nd in El Paso County.  The 10 appointed PTs are working on getting some standardization to how their offices operate vis-à-vis the County Commissioners.  There are meetings planned later this summer and early fall with CCI and the Governor’s office to discuss some issues that have been brought forward about the appointed PT offices.

Discussion was held about possibly doing a “best practices guide” in the near future for all PTs.  It was agreed that would be a very good idea.

Carol brought up the fact that, with increased publication costs, the maximum $500 deposits that can be required under the law are not sufficient in many counties and we need to put that on the legislative change list to increase the maximum deposit that can be required.

It was discussed and determined by the Board that consideration of any fee increases in the 2009 legislative session would be discussed separately at another time with JUST the legislative committee and would not specifically be brought up by the PTs at today’s legislative committee meeting.

Michelle Miller reported that she still hasn’t heard anything regarding the tax exempt status, but we do have an EIN now.  Michelle or Bob Sagel may attempt to contact Roxy Huber to see about the tax exempt status.

There being no further business to come before the Board at this time, the meeting was adjourned at approximately 11:45 a.m.

Respectfully submitted,

Carol Snyder (for DeeAnn Stults)