DRAFT

BRAZOS MUTUAL DOMESTIC WATER CONSUMERS ASSOCIATION, INC.

August 16, 2009 Meeting Minutes

Meeting was brought to order at 8:05 a.m. at Rubel Martinez’s cabin.

Directors Present: Irv Lindemuth

Tom Petersen

Ron Stafford

Deej Banister

Rubel Martinez

Minutes of the June 21, 2009 meeting were read. Irv Lindemuth ask the minutes be amended under Membership Actions to identify Martha Allard’s user-membership property...Lot 7, Block 6, Unit 1, Brazos Lodge Estates. Irv Lindemuth made a motion to accept the minutes as amended. Ron Stafford seconded. The motion unanimously carried.

Minutes of the July 18, 2009 meeting were read. Ron Stafford asked that the minutes be amended under New Well to read: The BOR, Biowest Environmental Group and the BMDWCA will need to approve reseeding, refurbishments, etc. Rubel Martinez made a motion to accept the minutes as amended. Ron Stafford seconded. The motion unanimously carried.

Treasurer’s report:

The Community Bank balance as of July 31, 2009 is $104,909.55.

Monthly bills have been paid.

No information has been received from Nick Loftus, CPA, re the BMDWCA tax filing. Rubel Martinez will contact him next week for a follow-up.

Memberships:

Jack and Terence D’Angelo submitted a transfer of membership for Lot 7, Block 7, Unit 1, Brazos Lodge Estates. Irv Lindemuth made a motion to accept the D’Angelo transfer. Ron Stafford seconded. The motion unanimously carried. Deej Banister will send Terence D’Angelo a certificate of membership with a copy of the R/Rs and Bylaws. The property belonged to their father who is now deceased. There is no transfer fee.

David Sainz submitted a letter to the Board cancelling his non-user membership, Lot 5, Block 11, Unit 1, Brazos Lodge Estates as of July 18, 2009. The Board recognizes the termination of his non-user membership and no fees for 2009 will be charged.

Tom and Sherri Coombs are making the payments for Robert Lambson. Robert is Sherri’s brother. He gave the property, Track 5, Aspen Lake, that he received from his mother, Maxine Faulk, to his sister Sherri Coombs. Deej Banister wrote a letter to the Coombs and attached a transfer application. The Board has not received a reply to date. We have requested that the bookkeeper, Gretchen Denman, send billings to Robert Lambson in care of Tom and Sherri Coombs until legal documentation is processed.

The same issue applies for Genevieve Hines, Track 5. Unit 1, Block 4, Brazos Lodge Estates. She is deceased. Morys Hines, son, has requested that we change the membership over to him; however, he has not submitted a transfer application. Deej Banister sent Morys a letter/application explaining Board policies and procedures for membership transfer. The Board has not received a reply from Morys to date. Gretchen Denman has been notified that billings should be sent to Genevieve Hines in care of Morys Hines until legal documentation is processed.

Due to the questions arising regarding membership transfers, procurement of fees, and other pertinent legal actions, Ron Stafford will obtain a copy of the Sanitary Projects Actions to use as a legal aide in conjunction with our R/Rs and Bylaws.

Delinquencies:

The Aging Report for 2009 was reviewed. The following evolved:

Lucy Moya, Lot 20, Block 2, Unit 1, Brazos Lodge Estates, is two (2) years delinquent.

A late fee assessed to Robert Ambrose for 2009 was discussed. Documentation shows that Robert Ambrose notified the Board of a change of address in 2008. The new address was not placed into the system. Irv Lindemuth made a motion that the late fee for Robert Ambrose be waived due to an error made by the BMDWCA billing process. Ron Stafford seconded. The motion unanimously carried.

A request to waive a 2008 late fee for Tom Casias was reviewed. Mr. Casias indicated that he spoke with Mike Valdez by telephone in June 2008 regarding his membership type and that he thought Valdez had waived his late fee at that time. It was determined that to waive a fee takes a Board vote. No one Board member can authorize such an action. The Board’s conclusion is that a waiver of the fee was not made. Rubel Martinez is to contact Tom Casias and explain the Board’s decisions regarding his request.

David Sainz has asked that we cancel the delinquent membership fees due on his non-user membership. A discussion followed. His request will be reviewed at a later Board meeting after additional BMDWCA documents, R/Rs, Bylaws and the Sanitary Projects Acts has been reviewed. At present, the Board will continue to bill David for the past due fees on his non-user membership even though he has cancelled that membership as of July 18, 2009. It is a preexisting debt.

Mussleman/Laycock billings were discussed. Checks for membership fees were returned for lack of funds. Deej Banister will check with Gretchen Denman for current account balances. Ron Stafford will contact Mussleman/Laycock regarding the account balance and delinquent charge.

Billings for Rizika and Warren have been returned by the Postal Service as not forwardable. Deej Banister will check tax records with the County to see if they have a change of address.

Irv Lindemuth made a motion to send delinquency billings once a month to those members who have not paid their water fees. Rubel Martinez seconded. The motion unanimously carried.

Construction/Maintenance Issues:

Ron Stafford reported that the water system was in good shape!!!

Discussion was held regarding infrastructure leak detection. The Board feels that detection should continue on a yearly basis in order to enhance the reliability of our system. Irv Lindemuth contacted the leak detection agency that we used last year for cost and service dates. It will cost us approximately $800.00 more this year since we will not be included with other regional organizations. The cost is minimal considering the benefits—it enhances the reliability of our system. Deej Banister made a motion that we accept the $800.00 increase and confirm the appointment for early September. Rubel Martinez seconded the motion. The motion unanimously carried. Levi Sandoval and his assistant, Bidel Candelaria, will oversee the project.

Easement Regulations: The use of property easements for installation of water line/can was discussed. Ron Stafford will check with the County, Silviano Atencio, for the actual footage required for easements from a property line.

Repair and installation work is to be combined for the following:

1. Repair plumbing for both well houses,

2. Water can installation for Lawrence,

3. Cap off water line for Banister (Garage lot)

4. Install water line and can to Eugene Casias property,

5. Replace PRV, Falls Creek Road,

6. Cap off “old water” line at Bluejay

7. Replace identified broken water cans.

Levi Sandoval will search for organizations within our area to perform the work if Randy Terrazas is overloaded.

Tom Petersen indicated that Silva/Garcia have replaced a valve borrowed from the Board early this spring to make an emergency repair to their water system.

Robinson is still locked out. Repairs have yet to be made.

Baker repairs have not yet been made.

Kinzer is still locked out. Repairs have yet to be made.

New Well:

Cleanup of the well site is in progress. Damage to surrounding lot areas and culverts have been identified.

The pumping of the new well for clear water will begin next week. It will run for five (5) days. At present, the water is still pink in color. They may need to tie-into our electrical to operate their pumping equipment. The water will be diverted to the pond drainage ditch to drain into the river. Water will not go into the pond. After this completion, another analysis will be made for water quality.

The owner of the drilling company, Bill Whaley, is going to install a pit-less adapter this next week—about five (5) feet below ground level. It will cost approximately $1,000.00. Also, he is providing a bid to install a variable pump and piping at a cost of approximately $11,000.00 to $12,000.00.

A diagram by Levi Sandoval of the pump assembly was presented and discussed.

Capacity of the new well is approximate 10 gallons per minute; however, it could be at 15 to 20 gallons. The static level of water is 50 feet.

There is no stimulus money available for installation of cleaning/testing equipment for the new well.

Irv Lindemuth motioned that the meeting adjourn at 11:00 a.m. Ron Stafford seconded.

Respectfully submitted,

Deej Banister

Secretary

Action items: Need contract from Levi Sandoval for 2009-2010 year.