BRAZOS MUTUAL DOMESTIC WATER CONSUMERS ASSOCIATION, INC.

July 5, 2014 General Meeting Minutes

Meeting was brought to order at 8:07 a.m. at the cabin of Rubel Martinez

Directors Present: Tom Petersen

Deej Banister

Rubel Martinez

Paul Walenciak

Irv Lindemuth

Mike Doyle

Jim Walker

Treasurer’s Report:

Rubel Martinez notified the Board that he would be transferring $40,000.00 from the Community Bank into the Fidelity Cash account this next week. In checking other banking institutions he found the interest rates are low—comparable to Fidelity. He will check with Fidelity to see if they have an account that provides a higher interest rate for our money—one that has a low penalty rate for early withdrawal.

Membership concerns:

Irv Lindemuth spoke with the contractor of the new Allen cabin on DR1759 about the current stop/waste valve. The contractor indicated that it is the original stop/waste valve installed in the 1990’s. The owner plans to have a stop/waste installed closer to the cabin by end of construction. The present location of the S/W is upstream from the meter can, next to the road. It was agreed that no action needed to be taken regarding the upstream stop/waste valve at this time.

Deej Banister presented concerns regarding the Lucy Moya property. Current fee debt is approximately three (3) years in arrears plus the carryover from previous years. In compliance with Rules and Regulations, she made a motion to cancel Lucy Moya’s membership. Jim Walker seconded. Deej Banister, Jim Walker, and Rubel Martinez voted for the motion. Irv Lindemuth, Mike Doyle, Paul Walenciak, and Tom Petersen voted against the motion. The motion failed. Discussion followed concerning other solutions regarding collection of the Moya arrears. Jim Walker made a motion that the Board file a new lien against Lucy Moya’s property showing all fees due plus late charges, that the BOD President attempts to make personal contact this weekend with Lucy Moya regarding late fees and resulting penalties, and that the President sends a certified return receipt letter to Lucy Moya regarding late fees and resulting penalties. Mike Doyle seconded. The motion unanimously carried. The president is to write letter and establish personal contact before taking actions.

Insurance, Personal Liability:

Mike Doyle is to review directors’ liability insurance policy. Deej Banister will obtain policy from Alcorn Agency.

Annual Meeting Presentation:

The contents of the Annual Meeting slide presentation were reviewed.

Water Rights/WR Committee:

Mike Doyle reported a telephone conversation with Jeff Albright, our Water Rights lawyer. Jeff indicates that we need to amend our forty (40) year plan with as much AFW as possible. This amendment is due November 15, 2015. For this amendment, we need to be thinking about what the expected AFW needs for our community will be over the next 40 years—new residents, pond, and open space, etc.

To have adequate time to complete our 40-year plan, we need to file an extension. This extension needs to be completed and approved by the Board by August 15, 2014 and submitted to the State by September 15, 2014. Mike conferred with Clay Kilmer, WR Committee member, for his input. Clay feels that meeting this submission date is not a crisis and that the Committee can have a presentation to the Board by August.

Points-of-contact and Committee Establishment

Irv Lindemuth led a discussion on a list of Board responsibilities that need to have a clear point-of-contact. Irv noted the list was not necessarily complete but included a number of items for which no clear point-of-contact had been assigned. He also noted that most of the unassigned responsibilities could be handled by two committees: an Operating Committee and a Leaks and Lockout Committee.

Lindemuth made a motion to establish these committees. Mike Doyle seconded. Petersen, Lindemuth, Martinez, Walelnciak, Walker, and Doyle voted for the motion. Banister voted against the motion due to lack of clarity on the Committees’ authority to make decisions without BOD approval. The motion carried.

In the discussion, the following items were identified as falling under the purview of the committees, officers and Board members as noted:

Maintain needed repair list, prioritize, and ensure completion (Operating Committee)

Keep Board informed of system status (Operating Committee)

System enhancements (Operating Committee)

Interface with UBPOA: pond water line, upper tank road maintenance (Operating Committee)

Interface with BCVFD: hydrant testing, costs --VFD gravity fill, repair, fire plugs (Operating

Committee)

Reports to state and federal agencies: water usage (monthly), water quality samples (monthly)

(Operating Committee)

Interface with NM One-call (Operating Committee)

Maintain “lock-out” list, conduct lock-outs (Leaks and Lockout Committee)

Maintain lien list, follow-up (Leaks and Lockout Committee)

Confirm S&W list notify members (Leaks and Lockout Committee)

Annual system-wide leak check (Leaks and Lockout Committee)

Organize mandatory leak check of individual units (Leaks and Lockout Committee)

Old pipe search (Leaks and Lockout Committee)

New well: cost analysis, location (previously established Water Production committee)

Gallery (surface water) into compliance (previously established Water Production committee)

Upper tank property: clean-up, boundaries, interface with Corkins owner (previously established Upper Tank committee)

Water Rights (previously established Water rights committee)

Maintain general action item list (President)

Emergency contacts (President)

POC for members—one voice customer complaints (President)

Verbal contact with members regarding late payments (Vice-President)

Interface with NMRWA, coordinate training (Vice-President)

Draft budget, compare projected and actual expenses and income (Treasurer)

Monthly gross receipts tax (Bookkeeper)

Bi-Yearly water conservation fee (Treasurer)

Annual (May) nonprofit corporate report (Treasurer)

Report By-Laws change to State (Secretary)

Receive and sort mail (Secretary)

Organize teleconferences (Walker)

Maintain website, communicate with members (Lindemuth)

Review liability insurance limits (Doyle)

Annual consumer confidence report (???)

Other unidentified required reports to State and Federal agencies (???)

Rubel Martinez and Tom Petersen volunteered to serve on the Operating Committee

Mike Doyle volunteered to chair the Leaks and Lockouts Committee and Paul Walenciak volunteered to serve on this committee

The committees are authorized to carry out all responsibilities delegated to them by the Board. The committees carry out policy—they do not make policy.

The scope, definitions, responsibilities and R/Rs of the officers and Committees are too complex a decision to completely formulate committees and members at this time. These issues are carried over to the next meeting.

Other:

Irv Lindemuth suggested that the S/W Committee be dissolved. The physical inspection of those S/Ws not in compliance has been completed. The BOD assigned future S/W issues and needs to the LL Committee.

The meeting officially adjourned at 10:15 a.m.

The next meeting will be July 5, 2014 following the scheduled 1:30 p.m. General Meeting at the VFD.

Respectfully submitted,

Deej Banister

Secretary