DRAFT

 

BRAZOS MUTUAL DOMESTIC WATER CONSUMERS ASSOCIATION, INC.

 

August 29, 2010 Meeting Minutes

 

Meeting was brought to order at 8:05 a.m. at Irv LindemuthÕs cabin, Brazos

 

Directors Present:          Tom Petersen

                                                   Charlie Lawrence

                                                   Clay Kilmer

                                                   Ron Stafford

Deej Banister

Rubel Martinez

Mike Valdez

Irv Lindemuth

 

Minutes of the July 18, 2010 meeting:  The minutes were read.  Charlie Lawrence moved to accept the minutes as amended.  Ron Stafford seconded.  The minutes were unanimously approved.

 

TreasurerÕs report:

Rubel Martinez presented the TreasurerÕs report.

 

Bills are current.

 

The balance in the Community Bank (CB) checking account as of 7/30/10 is $88,123.62.

 

Discussion on moving our accounts out of Smith Barney (SB) to Fidelity was discussed.  Deej Banister made a motion to change from SB to Fidelity.  Charlie Lawrence seconded the motion.  The motion unanimously carried.  Rubel Martinez is to obtain more detail regarding account types and transfer procedures.  The possible transferring of the checking account will continue at a later meeting.

 

Transferring the Ònew wellÓ hookup expense of $20,066.26 from SB to the general checking will take place after a new financial institution is in place.

 

Memberships:

The following transfer memberships were received:

1.       James and Karen Adams, Unit 1, Block 1, Tract 2, BLE—purchased from Riggs.

2.       David and Claudia Ladensohn, Oakridge Tract, 3.3547 AC, BLE—purchased from Andrews.

3.       Rubel Martinez sent a refund check of $208.00 for over payment to Faustin TrujilloÕs attorney (property is held in trust).

 

Delinquencies:

1.       David SainzÕs certified letter regarding payment of fees was returned unclaimed.

2.       MonthÕs end delinquency report from Gretchen Denman, Bookkeeper, was presented by Deej Banister.  Board discussed and reviewed delinquencies.  New Rules and Regulations modifications regarding collections, etc. will apply to members currently in arrears.

 

Rules and Regulations:

R/R changes approved for the July 18, 2010 meeting as submitted by Irv Lindemuth:

Changes for VI:

1.       All annual fees will be billed by April 15th of each year and due on June 1.

2.       An annual fee late payment penalty fee of $50 will be added to the account if the annual fee is not paid on or before June 1.

3.       Service fees including disconnect/reconnect fees, 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.       A service fee late payment penalty fee of $10 will added to the account if the service fees are not paid by the due date. 

5.       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.

6.       Exception to payment can be made only by a written arrangement with the Board.

7.       When the account is two 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.  A disconnect fee (Sec. VII.9) will be added to the account.  The lock will remain in place until the account plus a reconnect fee (Sec. VII.9) is paid in full.

8.       When the account is four months delinquent, the account will be turned over to a collection agency.  All fees charged by the collection agency will be added to the account.

9.       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.

10.   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.

11.   For memberships cancelled involuntarily under item 10 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.

12.   All delinquent accounts will be sent an updated statement monthly.  The statement will indicate the original delinquency date.  The statement will include a notification as appropriate (Section 3-29-6D of the New Mexico Sanitary Projects Act and Section IX-2 of the BMDWCA By-Laws) that steps 7, 8, and 9 are about to be taken or have been taken.

 

Changes for Section VII-9:

Late fee, delinquent annual fee: $50.00

Late fee, delinquent service fee: $10.00

 

Changes for SectionVII-10:

Disconnect $50.00

Reconnect $50.00.

 

Training:

The following Board members attended the first State mandated 6-hour training meeting on August 28, 2010—Petersen, Martinez, Stafford, Valdez, Lawrence, Kilmer, Lindemuth, and Banister.  It was held at the Tierra Amarillo County Chambers Room.  Susan Sleeper was the RW instructor.  The training was well received by all in attendance.

 

 

Construction/Maintenance Issues:

Infrastructure work to Upper Falls Creek Rd. has been completed.  Road repair still needs to be scheduled.

 

Ron Stafford will contact Terrazas Utilities to review and setup schedule for the completion of infrastructure work.

 

Ron Stafford will contact Levi Sandoval to schedule clean out of tanks—if necessary.

 

Other:

Clay Kilmer has ordered signs for well-house identification.  Clay is to check on engraved metal tags to attach to lock-outs indicating penalties for the removal of a lock, etc.

 

Discussion was held on the VFD request to connect a 12 ft. fill-pipe to the water tank above Well #3, Dr 1759/Water Line Rd.  Discussion will continue at a later meeting.  Mike Valdez is to obtain a design of the proposed installation.

 

The next general meeting will be held September 19, 2010 at Tom PetersenÕs cabin at 8:00 a.m.

 

The meeting adjourned at 11:50 a.m.

 

Respectfully submitted,

 

 

 

Deej Banister

Secretary