Minutes for the Special Meeting Feb. 17, 2016

Vista del Rey

Mutual Domestic Water Consumers’ Association

Minutes of the Special Meeting, 6 p.m., February 17, 2016

54 Santana Road, Vado, NM 88072

President Wade Cornelius opened this special meeting of the Vista del Rey Mutual Domestic Water Consumers Association Board of Directors at 6:13 p.m. Attending besides Cornelius were Rob Campion, Patrick Stafford, Beth Morgan, Kenneth Henrie, Henry Torres, and Randell Mellor, with David Lucero and Mark Sechrist present for portions of the meeting. Randell Mellor has purchased the property formerly owned by Michael Schmickle, past president.

As the minutes had previously been posted on our Facebook page and emailed to board members, they were approved without reading. The motion was made by Patrick Stafford, seconded by Rob Campion, and passed unanimously. As the treasurer was not present, no treasurer’s report was given.

The water operator’s report was delayed until Henry Torres arrived, later in the meeting. We proceeded to the Homeland Security report, in which Patrick Stafford indicated that the gates on the fence around the well house have been completed, and we lack only some barbed wire for the fence to be completely finished. He noted that he had looked into renting a boom lift to work on the tank’s overflow pipe, but, at $700 per day, he felt he should attempt the work by climbing the tank and tying off to ensure he did not fall. We would only need the boom for about an hour.

Further, Stafford noted that we still need to drill holes for bolts on the wellhead cover. Then, we can padlock the cover and access to the tank ladder, the last requirement of the Homeland Security measures we have been asked to implement. He noted that Glenn Merrill had volunteered some time to install shelving in the well house the Saturday following this meeting. Then, equipment needs to be inventoried and checked for damage.

Secretary Morgan next reported that we have been informed we are bonded for $50,000 through Hub International, and that we will receive the endorsement when it is available. Getting this “employee dishonesty” bond has been a frustrating process with lots of misinformation, leading us right back to where we started, but now we’ve got it. She noted that one company had turned us down as we “did not have sufficient internal controls,” which she interpreted to mean they wanted us to have an audit. (This was one of the questions asked when an agent with McGonigle Insurance was querying her prior to seeking the coverage.) This is something we’ve never done, but are supposed to do annually. Member David Lucero noted that it is a simple process, there are a number of local accounting firms that do this, and that we should just do it and get it over with. We agreed to wait until our treasurer returns to pursue an audit.

President Cornelius noted that he had received the invoice for our liability insurance five days after it was due. He said at first that he thought he was only paying for six months coverage, but corrected that to a year, beginning October 23, 2015, and ending a year later.

Henry Torres had arrived at the meeting at this point, so we entertained his report. He noted that he had provided four months of missing reports to the State Engineers Office. These are reports that had apparently already been submitted, but which, for some reason, did not reach the local office. Torres said this is pretty typical and nothing to be concerned about. Cornelius said he would put copies of the reports he files in Dropbox so that Henry can access them if need be.

Torres also reported that he had sent Secretary Morgan the January Bac-T report. She did not remember receiving it but agreed to search her email for it. Torres said there are a couple of leaks in the system that need to be fixed, but that he was waiting for warmer weather to deal with them. One of them is near the well house where the ground is always wet. A hissing pressure pump joint needs to be braced, as well.

Stafford noted that we had not yet received a bill for Henry’s services, so he handed one over, covering three or four months’ service, for $1,400. The amount was upsetting to Stafford, because he was expecting Henry’s base charges to be lower, considering what he had stated in his application. The bill covers the per meter charge and his sampling, among other things. Stafford said that the base charge is more than we were paying before, but he had thought it would be significantly less. He said we will look at it, and it if was an “error in our understanding, we’ll deal with it.” Secretary Morgan jokingly asked if we could put Torres on the “installment plan.” He noted that we will get an invoice every month, but that it had taken some time to get organized to produce the invoices. He said the charges are based on the number of meters in a system, in our case, 17, and the amount of paperwork, the attention to chlorine needed, and so on.

Stafford indicated that the $270 base charge was more than he had anticipated, and that we should review actual charges, with an eye to making changes that would lower the cost. He also wanted assurance that an individual at the east end of Vista del Rey Road, who had illegally tapped into our water system, had been required to cap off the connection and said that a brace and a flap at the end of the overflow pipe are still needed. No action was taken at this time.

As Bobby Lujan, a board member for High Valley Farms, had contacted the secretary to inquire whether Kenneth Henrie, a Vista del Rey water association member and an attorney, would be willing to review an agreement between HVF, VDR, and the Lord’s Ranch, to link our various water systems in emergency situations, the matter was brought to the board during open forum. Morgan explained that we had indicated in the past that some of our members had concerns with linking with The Lord’s Ranch, but not with HVF. Mr. Henrie noted he is willing to review an agreement that may arise as the result of our various engineering reviews. Henrie said his concern will be whether the other water associations are “up to it.” They must be financially viable, in order for the plan to be in our favor. However, as the HVF engineering review has already occurred, Stafford noted that it seemed an oversight on the part of the engineering firm that no one contacted us during the course of it. Apparently no serious investigation was made about hooking up to neighboring systems. Lucero protested that perhaps we were expecting too much too soon, and that we had no business telling them how to do it. However, all along, the Environment Department has been championing the concept of linking systems.

Torres, who is water operator for HVF (and secretary for the association as well), noted that the linking of the three systems was an only idea. To our concern that the water associations must communicate with each other, he responded by inviting us to the HVF’s upcoming meeting. He also indicated that having either water association hook up with The Lord’s Ranch would present difficulties, since the retreat is administered out of Texas, although its wells are in New Mexico. Torres noted that situation could present difficulties.

Morgan reported that, as discussed at our previous meeting, Jana Melvin and she had identified documents that need to stored in a safety deposit box at the bank. She also suggested that they be duplicated so that we have hard copies to look at at hand. Morgan has not copied the documents yet, and President Cornelius asked that they be scanned and put in Dropbox, as well.

Morgan raised the issue of the need for a homeowners group to administer the functions of the subdivision, as she has recently come across documents stating that we are required to have such a body. We tried to establish a homeowners group prior to formation of the water association, but it failed, in part, due to lack of interest. Subdivision covenants have been a sore point, in some cases, when people have wanted to have more livestock or fowl than the convenants allow. The covenants can be changed, but we need a legal entity to effect those changes. Mr. Henrie noted the process is simple; one pays to file a corporation, reviews and strikes down existing convenants and reverts to Doña Ana County rules and regulations, if we so choose. Whether we are required to form such an association is required by law is unclear. David Lucero noted that when one has questions, there is no one to arbitrate. No action was taken at this time.

The matter of a road sign intended to discourage traffic on the northern extent of Santana Road and proposed paving were raised. Bob Melvin had called Morgan after the previous meeting, to note that High Valley Farms Road is being prepared for resurfacing, because people have complained. He asked that she pass on information to Stafford that if we want Santana Road paved, we have to get easements from every property owner involved. Stafford believes we are not yet prepared to seek paving, however, Lucero noted that someone had vowed to bring forms for the purpose of seeking easements from property owners at a previous meeting. Rob Campion moved we bring the forms to the next meeting. The motion was seconded by Stafford and passed unanimously.

Stafford broached the subject of payment for individuals who are, invariably, the ones who do the work when we have projects or repairs necessary at the well. He noted that he is tired of no one else stepping forward. Sometimes, Lucero has gotten calls about when the water will be turned back on; however, he has no responsibility more than any other water user to see that it gets turned back on. He supported Stafford’s complaint.

Morgan noted that, as board members, we cannot be paid for doing board business. However, we can be paid for labor unrelated to board responsibilities. She recommended that we check our current bylaws to insure that any payment does not violate them. No changes are necessary. An amount of $20-25/hour was discussed. However, Stafford noted that such payment could be given in the form of credit on one’s water bill. He also said that there may need to be an individual assigned the responsibility of deciding how many people are needed, and whether we need to limit how many hours they can put in. The concensus was to do some research prior to deciding how payment will be handled.

The wording for signage intended to limit traffic on Santana Road, brought up at our January meeting, states: “Private Land, Private Road, No Trespassing.” Cornelius indicated such a sign would cost approximately $200, probably payable by the water association.

After noting that the next regularly scheduled membership meeting has been set for April 20, Cornelius adjourned the meeting at 7:56 p.m.