Brazos Mutual Domestic Water Consumers Association
Board of Directors
Meeting Minutes January 7, 2007
The regularly scheduled Board of Directors meeting was called to order at
1:10 p.m. on January 7, 2007 at the Albuquerque home of President, David
Sainz.
Directors Present: David Sainz, Ron Stafford, Mike Valdez, Rex Sewell, TJ
Allard, Carolyn Barron, & Tom Peterson.
Proof of quorum: 6 directors present
Members Present: Rubel Martinez
Others Present: Ray Leverich
The regularly scheduled meeting was called to order at 1:10 p.m. at the home
of David Sainz, in Albuquerque.
Prior to the calling to order of the meeting, Ray Leverich announced his
resignation from the Board of Directors as he has sold his property to
Herman Candelaria. Many thanks to Mr. Leverich for his years of volunteer
service to the community and the water association. He did not present a
transfer of membership for Herman Candelaria, the new owner purchasing his
property.
Motion was made by Ron Stafford to appoint Rubel Martinez to fill the
position on the board of directors vacated by Ray Leverich, Carolyn Barron,
seconded, motion carried.
Minutes of the regularly scheduled meeting of November 2006 was read by
Secretary, Carolyn Barron. Tom Petersen made motion to accept minutes as
read, Rex Sewell seconded, motion carried. There was no regular meeting in
December 2006.
Treasurer’s Report was read by Carolyn Barron. Carolyn reported the bank
statement from New Mexico Bank and Trust was picked up in the mail on her
way to Albuquerque on Saturday. The bank statement from Community Bank had
not been received yet, probably due to the bad weather delaying mail
deliveries. Motion to accept Treasurer’s Report as read was made by Ron
Stafford, seconded by Mike Valdez, motion carried.
Tom Petersen was asked to keep track of ACTION items.
There were no Transfers of Property presented to the board, however it was
stated by Carolyn Barron, that several transactions for property sales have
occurred, ie. Killman to Praisewater and Leverich to Herman Candelaria.
Carolyn to research and send new property owners Membership Transfer forms
and copy of By-Laws.
Motion to name Rubel Martinez as Treasurer was made by Rex Sewell, Ron
Stafford seconded, motion carried. Rubel Martinez asked for a two (2) month
transition.
Delinquent accounts were reviewed. Payment was received from Marianne
Robinson in the amount of $100.00 by money order to be deposited in January.
She still owes $300.00+. Mr. Leverich presented to the board a check that
“mysteriously showed up in his mail box” from Max Killman in the amount of
$350.00, this clears the balance on this account except for $0.01. The check
was dated October 27, 2006, and the address it was mailed to was the old
address for Hoffman’s office on Cierro Vista, in Albuquerque. Charlie
Lawrence has not paid. Rex Sewell stated that he had conversation with
Charlie about the dues, Charlie said he would send a check. Carolyn to write
letter and request payment. Laycock and Mussellman have not replied to the
penalty letter sent out in November 2006. Carolyn to send a follow up letter
to Laycock and Mussellman by certified mail return receipt requested. Letter
to state that the water service had been locked out and would not reinstated
until the penalty has been paid and leaks have been repaired.
It was discussed that clarification of a timeline for delinquent accounts to
be paid. Carolyn Barron stated that according to the By-Laws, if an account
is delinquent the service can be locked out July 1.
Prior to the board meeting was called to order, Mr. Leverich presented to
the board of directors the reporting forms from the Public Regulation
Commission for the years 2004, 2005, and 2006. The Public Regulation
Commission had red-flagged our corporate account for non-payment. For the
years of 2004 and 2005, each annual report and $10.00 was to have been
filed, but had not been filed and reported by the previous board and
bookkeeper. The PRC assessed and additional $10.00 fine to each year that
had not been paid. **(Post Script by Secretary, on Monday, January 8, 2007,
Ron Stafford contacted the PRC and Carolyn Barron, Secretary issued three
checks to the PRC in the amounts of $20.00 for 2004, $20.00 for 2005, and
$10.00 for 2006 reporting. Ron Stafford mailed the checks and the reports
for the delinquent and current report for 2006 to the PRC).(2nd Post Script
– no mail has been received being forwarded from Hoffman’s office, secretary
of the association will fill out a change of address with the post office
for the current mailing address for the board, being HC 75 Box 178, Chama,
NM.)
Discussion about filings for the IRS and to the State of New Mexico ensued.
Carolyn Barron stated that in the records retrieved from Hoffman’s office,
the last report that the board made to the State of New Mexico for income
tax was for the year 1999. David Sainz said he would schedule a meeting with
Sara Rhodes, CPA, in the next week to review exactly what records she has
and forms to fill out for the federal and state entities. Carolyn Barron
stated that the CRS-1 reporting to the state has to be monthly, even if
there are no gross receipts to report. Carolyn also stated that the gross
receipts percentage for the “rest of the county” of Rio Arriba had gone down
for the year 2007. **(Post script by Secretary, the tax rate for 2007 for
gross receipts collected and reported to the NM Tax & Revenue will be
5.8125%.)
Ron Stafford stated that a call to the state needed to be made regarding the
“Franchise Tax”. The board has found out that the previous board of
directors had been negligent in filing reports with the necessary state and
federal entities. It is unknown at this meeting all the reports, fees,
penalties, interest and dues that this association may be liable for.
Carolyn Barron, Secretary, motioned the board to pre-approve the issuance of
checks to pay bills which are monthly such as for Los Terrazas Utilities,
reimbursement for copies, purchase of keys, paying of CRS-1 taxes to the
State of New Mexico, Levi Sandoval – contract for services, etc. as those
items need to be paid “in a timely manner”. Ron Stafford seconded, motion
carried.
Schedule of meetings for the next six months was established, being February
10, at TJ Allard Albuquerque residence, 1 p.m.; Rubel Martinez Albuquerque
residence March 10 1 p.m.; Ron Stafford Brazos March 31 10 a.m. planning
meeting and pot luck luncheon at noon to stuff envelopes for mailing of
membership dues, Carolyn Barron Brazos April 28, 8 a.m., May 26 will be the
annual meeting 10 a.m. at the BCVFD prior approval from Chief Hays required,
June 10 at Brazos Lodge time? **(POST SCRIPT After the meeting was adjourned
there was a conflict in February and March meetings, David issued an e-mail
changing the following: 2/11/07 meeting at Rubel Martinez’ Albuquerque
residence 1 p.m. and 3/11/07 meeting at TJ Allard’s Albuquerque residence 1
p.m.)
Carolyn Barron has been asked to find out the term of office for the sitting
board of directors. All appointed directors since the annual meeting in May
2006 will have run (if said director chooses to)to fulfill the position at
the next annual meeting in May 2007, according to the By-Laws.
Board of Liability Insurance was discussed yet again. Carolyn Barron will
pursue calling NMRWA for contacts.
Levi Sandoval has been hired by the board to fulfill our Systems Operator
needs. The contractual service fee for Levi Sandoval is $300.00 monthly, to
be paid on the last day of each month. Term of contract is six (6) months.
Contract was signed by President, David Sainz, and Carolyn Barron,
Secretary.
New well location was discussed yet again, Marianne Robinson to be contacted
by Rubel Martinez, as they are next door neighbors. Requirements for septic,
electricity, close proximity to service area, ownership –deed or lease of
site, survey costs, recording of documents, and lower part of service area
head pressure were discussed. Carolyn will review plat maps she has for
possible well locations. Discussion ensued as to whether to put this need
for a well site into a newsletter or to individually contact property owners
as to their donating or selling their property for a well site.
Web site has been developed by Paul Edwards web site is brazoswater.inc.com.
Tom Petersen stated that his neighbor, Mr. Marlman would be a possible
candidate for the upcoming election of board of directors.
Motion to adjourn by Tom Petersen, Rex Sewell seconded, motion carried.
Meeting adjourned at 4:00 p.m.
Respectfully submitted,
Carolyn Barron
Secretary, BMDWCA
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