BRAZOS MUTUAL
DOMESTIC WATER CONSUMERS ASSOCIATION, INC.
September 22, 2013 Meeting Minutes
Meeting was brought to order at 8:05 a.m. at the Brazos
Volunteer Fire Station
Directors Present: Mike Valdez
Deej Banister
Rubel Martinez
Paul Walenciak
Irv Lindemuth
Minutes of August 18, 2013:
Paul Walenciak made a motion to accept the minutes as submitted. Rubel Martinez seconded the motion. The motion unanimously carried.
TreasurerŐs Report:
Rubel
Martinez presented the month-end financial report. Gretchen Denman, bookkeeper, added a
Profit and Loss Previous Month Comparison sheet to the month-end reporting
procedures for review of income, expenses, and bank balances on a
month-to-month basis.
Bank
accounts:
Community Bank checking as of August 31, 2013: $
18,332.64
Fidelity
cash as of August 31, 2013: $ 36,365.69
JASBX as of August 31, 2013: $
105,797.27
Total
Checking/Savings $
160,495.60
Rubel informed
the Board that he has delayed moving the approved $30,000.00 into a mutual fund
with Fidelity, Thompson (THOPX).
Currently, the market does not appear stable and we do not know what our
total legal fees for water rights preparation and litigation will be. The need to use a lesser investment
amount was discussed. The pros and
cons of an early payoff of current loan(s) were discussed. Rubel
Martinez is to research our options and report back to the Board.
Mike Valdez
made a motion to accept the TreasurerŐs report. Paul Walenciak seconded the motion. The motion unanimously carried.
Memberships/Transfers/Cancellations:
There are no
new memberships/transfers.
Delinquent Water Fees:
Nell
Thurston submitted a written request to have her late fee waived. The request was reviewed and
discussed. The Rules and
Regulations state that payment of yearly fees must be made on or before June
1. Her payment was postmarked after
June 1. Irv Lindemuth made a motion
to deny her request for a late fee waiver.
Deej Banister seconded. Mike
Valdez, Rubel Martinez, Irv Lindemuth, and Deej Banister voted for the
motion. Paul Walenciak voted
against. The motion carried. ThurstonŐs request for a late fee waiver
was denied.
Survey for Upper Tank
Property:
Paul
Walenciak reported that the upper tank property survey by Metes and Bounds should
be completed prior to end of October.
Other:
Ron Stafford submitted his resignation to the Board, effective August 25, 2013. The responsibilities assigned to this position were discussed and distributed among current Board members and/or Levi Sandoval. The yearly budget will be prepared by Rubel Martinez, Treasurer.
Irv Lindemuth made a motion to nominate James Walker to fill the Director vacancy for the remainder of the year—subject to meeting membership requirements. Mike Valdez seconded. The motion unanimously carried. Mike Valdez will contact Clay Kilmer.
Mike Valdez appointed Rubel Martinez to the supervisory position of Levi Sandoval. Levi will report to the BOD through the President or Rubel who will be responsible for the day-to-day management of affairs and business between contractor and BMDWCA.
Rules and Regulations
Changes
Rules and Regulations Sections VI, VII, and IX
were reviewed and revised. Irv
Lindemuth made a motion that the changes made to Sections VI, VII, and IX as
written in Appendix I be
approved. Rubel Martinez seconded
the motion. The motion unanimously
carried.
Mike Valdez made a motion that the approved changes
to the Rules and Regulations not be
implemented until after June 1, 2014. Paul Walenciak seconded the motion. The motion unanimously carried.
The possibility of forming an Operations
Committee of the Board was discussed.
Irv Lindemuth proposed adding a section XIV to the Rules and Regulations
that would read as written in Appendix
II. Since the committee would
consist of less than a quorum of Board members and would execute, and not
formulate, policy, this would allow the Association to conduct operations as
required while remaining in compliance with the New Mexico Open Meetings Act. Further
review and discussion was tabled until a later meeting.
The next meeting is scheduled for Sunday, October 20, 2013 at the BVFS at 8:00 a.m.
The meeting officially adjourned at 10:30 a.m.
Respectfully submitted,
Deej Banister
Secretary
Appendix I
VI.
BILLINGS
1.
The
fiscal year will run from April 1 of that year until March 31 of the following
year.
2.
All
annual fees will be billed by April 15th of each year and due on
June 1.
3.
Service fees including fines, fees based on
meter readings, and any other charges will be billed within one month of the
time the charges are incurred and are due and payable in full by the first day
of the second month following the billing date.
4. All payments sent by U.S. Mail must be postmarked on or before the due date. If the due date falls on a Saturday or Sunday, the payment must be postmarked on or before the following Monday.
5.
All overdue accounts will be assessed a 5% late
payment service charge monthly until the accounts are made current.
6. All annual and service fees are subject to New Mexico Gross Receipts Tax. In the event of disconnection or other exception, the fee(s) will not be pro-rated and are not subject to refund.
7. Exception to payment can be made only by a written arrangement with the Board.
8. When the account is four months delinquent, the member's service meter will be locked in accordance with section 3-29-6D of the New Mexico Sanitary Projects Act and Section IX-2 of the BMDWCA By-Laws. The lock will remain in place until the account is paid in full.
9. When the account is eight months delinquent, the account will be turned over to a collection agency if the Association has contracted with a collection agency. All fees charged by the collection agency will be added to the account.
10. When the account is twelve months delinquent, a lien will be placed upon the property in accordance with the New Mexico Sanitary Projects Act section 3-29-6C. The lien will remain in place until the account is paid in full. In accordance with the Sanitary Projects Act, the Association shall be entitled to recover all costs and attorney fees related to the lien.
11. When the account is delinquent for three years, a process for cancelling the membership certificate will be initiated in accordance with BMDWCA By-Laws, Section IX-3.
12. For memberships cancelled involuntarily under item 11 or voluntarily, liens put in place under item 9 will remain in place. Furthermore, the BMDWCA will take whatever additional steps are appropriate to recover all funds in accordance with section 3-29-6D of the New Mexico Sanitary Projects Act. Liens will be removed after all funds have been recovered.
13. All delinquent accounts will be sent an updated statement monthly. The statement will indicate the original delinquency date.
14. Delinquent members will be notified by the Secretary or designee as appropriate (including notifications required by Section 3-29-6D of the New Mexico Sanitary Projects Act and Section IX-2 of the BMDWCA By-Laws) that steps 8, 9, and 10 are about to be taken or have been taken.
VII. RATE SCHEDULE
The rate
schedule herein will be reviewed by the Board on an annual basis and is subject
to change if sufficient income is not being generated to cover the
AssociationŐs anticipated expenses.
The Board will notify the Association bookkeeper whenever an account
should be billed any amount other than the annual fee and subsequent service
charges.
1.
New Mexico Gross
Receipts Tax will be added where applicable. (** Indicates a non-taxable item.)
2. New
membership fee (Residential or Commercial): $6,000.00
3. Application/Transfer
fee: $ 50.00**
4. Change
of Status fee: $ 15.00**
5.
Residential fees:
User $ 430.00/year
Non-User $ 110.00/year
6.
Multiple residential fees:
First
unit $ 430.00/year
Each
additional unit No
additional charge
Note: At this time
the Board chooses not to assess a charge for additional units. A fee may be charged in the future
should the load on the water system of multiple residential units be a cause
for concern.
7. Single
Commercial Business: $ 750.00/year
8.
Multiple Commercial Businesses:
First unit $ 750.00/year
Each additional unit $ 360.00/year
9. Late payment
service charge: 5%
of balance due monthly
10. Excessive Water
Usage Charges: If water use is
deemed excessive, the Board may implement additional charges based upon the
amount (total number of gallons) of water used. Members will be notified if and when
such charges are implemented.
11. Fines for
excessive leakage due to negligence or improper shut-off:
First occurrence $ 250.00
Subsequent occurrence $ 500.00
12. Late membership
transfer fee: $
25.00/month after 90 days
from
date of property transfer (See Section XII, 1.)
IX. DISCONNECTS AND RECONNECTS
1. Water service that has been disconnected due to account delinquency or for other reasons will not be reconnected until the account is current.
Appendix II
XIV. OPERATING
COMMITTEE
A 3-member Operations Committee formed from Association members (Board or non-Board) will execute Board policy regarding system operations.