DRAFT

BRAZOS MUTUAL DOMESTIC WATER CONSUMERS ASSOCIATION, INC.

September 20, 2009 Meeting Minutes

Meeting was brought to order at 8:03 a.m. at Irv Lindemuth’s cabin.

Directors Present: Irv Lindemuth

Tom Petersen

Clay Kilmer

Deej Banister

Rubel Martinez

T.J. Allard submitted his letter of resignation from the Board, effective August 17, 2009. Irv Lindemuth made a motion to appoint Clay Kilmer to fill his position for the 2009-2010 term. Rubel Martinez seconded the motion. The motion unanimously carried.

Minutes of the August 16, 2009 meeting were read. Rubel Martinez made a motion to accept the minutes as read. Clay Kilmer seconded the motion. The motion unanimously carried.

Treasurer’s report:

The Community Bank balance as of August 31, 2009 is $102,950.40.

Monthly bills have been paid.

Nick Loftus, CPA, should have the taxes statement completed within the next few weeks.

Memberships:

The user membership transfers for Tom Coombs and Morys Hines are still pending. Correspondence was sent to these members by Deej Banister, Secretary—requesting immediate transfer if ownership has changed. Requests have not been acknowledged. (See Minutes of August 16, 2009 for details.)

Due to questions regarding membership transfers, procurement of fees and other pertinent legal actions, Ron Stafford obtained a copy of the Sanitary Projects Act to use as an aide in conjunction with our R/Rs and Bylaws in resolving these issues. Tom Petersen, President, has asked that all Board members become familiar with the document for discussion at our next meeting.

Deej Banister will contact Belinda Marcum, administrator of Marcum Trust, to see if they plan to transfer the user membership that goes with her purchase of the Rizika property, Lot 28, Block 2. Unit 1. BLE.

Deej Banister suggested that the Board have certificate forms printed. The current supply is almost depleted. Format will be discussed at the next meeting.

Delinquencies:

Late payments for this year’s water fees total approximately $10,000.00. The Aging Report will be detailed next month to see what can be done to resolve this deficit. Board members are to review the Sanctuary Projects Act for suggested methods and guidance in collection of these accounts. Rules and Regulations will need to be revised to include methods to be used by the Board for collection of water fees.

Lucy Moya, Lot 20, Block 2, Unit 1, Brazos Lodge Estates, is two (2) years delinquent. Decision as to continuance of water membership/property lien will be discussed at next meeting.

A request to waive a 2008 late fee for Tom Casias was again reviewed. (See August 16, 2009 Minutes for more detail.) Irv Lindemuth made a motion to deny a waiver of the 2008 late fee since there is no legitimate reason to substantiate this request. Clay Kilmer seconded the motion. The motion unanimously carried. Rubel Martinez is to contact Tom Casias and explain the Board’s decision regarding his request.

Construction/Maintenance Issues:

Irv Lindemuth reported that the leak detection company would be in our area on October 19 and 26. He will check to see if the leak detection company could send a technician to us at that time. If so, there would be no additional fee of $800.00. The cost will be in close proximity to last year’s. Irv Lindemuth is to contact the company to confirm our preferred dates and contract information. Clay Kilmer plans to GPS the water system for easy location and identification. Tom Petersen will assist.

Easement Regulations: Deej Banister checked with Planning and Zoning at Rio Arriba County and the easement boundary is: 7 feet from property line within lots—14 feet total easement, 7 feet on each side.

Water repairs have been completed for Marianne Robinson’s cabin. It is now unlocked. A stop/waste needs to be installed.

Silva/Garcia needs to install a stop/waste.

Baker repairs have not yet been made.

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

New Well:

New well discussion was tabled until the October meeting.

Other:

Levi Sandoval’s contract for 2009-2010 was approved.

Rubel Martinez made a motion to adjourn the meeting at 10:27 a.m. Irv Lindemuth seconded.

Respectfully submitted,

Deej Banister

Secretary

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.

Rules and Regulation need to bee revised to reflect any decisions made by the Board regarding methods to be used for collection of delinquent water fees.