Open Meetings Act Passed for 2020

6 p.m., February 10, 2020

The meeting was called to order by President Wade Cornelius at 6:14 p.m. In addition to Cornelius, Secretary Beth Morgan and Board Member Rob Campion, association members Terry Holder and Martha Trego were present.

Morgan went over the minutes for the July meeting, presented during the October 22 meeting. During the July meeting, she noted, they listened to a report on the 60-70 percent completion of the association’s design project. That was the first meeting attended by Marty Howell of Souder, Miller, and Associates. Previously, Alfredo Holguin had been working with the water association, but he left the company for a new position. Thus, Howell, his former superior, took over the project, not a bad thing, according to Morgan and the president. She noted that she did not give detailed information in the minutes regarding that report, because it was to be reiterated when the project is 90 percent complete in October. Additionally, understanding what the engineer is referring to is difficult without being able to view the plans at the same time.

She said a treasurer’s report had been presented, at which time, the association learned that it was about $2,300 in the red. The minutes from the previous meeting and the treasurer’s report for July had been approved at that meeting. In October, she stated that Treasurer David Lucero said he had gone back over records beginning in March of 2019, and he reported that the association had earned about $2,100 since then, and it had about $7,100 in the bank. It also had expenses of $9,400, $7,000 or so of which was a well repair. So, by the end of the third quarter, the association had brought in about $11,050 for the year, but expenses were bought down to right about a minus $600, and about $3,000 remained in the bank. That report was approved.

Morgan continued that the association had gotten a well operator report next, in the July meeting. At that time, they talked about the storage unit Stafford had obtained and with Grover Heard’s help, had installed to aid in complying with state Environment Department requirements that the association not store extra equipment in the well house. Henry Torres, water operator, had also mentioned that the association has a pressure pump that needed to be rebuilt, at a cost of about $1,000. We learned we had some parts in reserve. Torres told us at that time that he planned to quit working for Lower Rio Grande Public Water Works Authority and go to work for the Gadsden Public Schools. Someone also mentioned that we need a probe in the water tank.

After this rundown on the minutes, Howell began briefing members on the 90 percent completion of the association’s design project. He gave cost estimates and a proposed budget for them. This was a rather lengthy discussion, much of it centering around the funding sources the association may be able to tap to get money to build the project, once the design is finished. Howell noted that he had put in the budget the cost of installing new individual meters at a cost of about $400 each. He said that the funding sources may require the association to install and use meters for determining actual water usage.

Morgan noted that also during the October meeting, Howell had pointed out that LRGPWWA has the money to build the interconnection between High Valley Farms and Vista del Rey that VDRMDWCA had paid to have designed. During that meeting, he also encouraged the association to apply for both Capital Outlay and Colonias Infrastructure Funds, because it is unknown whether the association will receive funding from either source to build the desired improvements. If the association were to receive Capital Outlay funds, it does not have to be repaid. If it receives Colonias Infrastructure Funds, at this stage of the game it would be a 10 percent match, 10 percent loan, and 80 percent grant—and because the association cannot use its previous funding as a match this time, the association will end up being responsible for coming up with a 10 percent match for whatever might be received from CIF, unless it is able to roll the match into the 10 percent loan portion of the funding. Morgan said Howell had estimated the cost of the project at $650,000, of which the association would have to repay 10 percent (over 40 years, no interest) if it received all that was to be requested from Colonias. The board had previously determined that, if that were the case, it would add about $15/month to our individual water bills. Also during the October meeting, Howell had said that, while we had been envisioning the project as a three-phase project, we could potentially break the work to be done into smaller chunks, until we have completed all the desired improvements. If we choose to break the project into less expensive portions, he recommended that we pursue funding for a new booster station first. Later on, we could seek monies to replace the lines. The Colonias Infrastructure Board announces its funding awards in the spring, and the Capital Outlay distributions can be announced as soon as the legislature signs the appropriations bill, but it might not actually be awarded until the fall, Howell told us.

The secretary said that details of the design work was discussed, for example, needing culvert in one area, but not another, and so on. One thing that was brought up in October is that the system needs a monitoring panel that will shut down the system if there is an electrical problem. This was considered a priority, as there have been previous problems with the electrical system. Having a safety feature that will prevent further damage to the system was thought to be a good idea. Stafford had added prior to the meeting’s end that the board needed an opportunity to meet with Rep. Doreen Gallegos to present its need for Capital Outlay funds prior to the legislative session. Board member Rob Campion had offered to organize something at his house, as he knows Ms. Gallegos socially. Unfortunately, he was ill when it was intended to take place and had to be cancelled. The president was prepared to close the October meeting ended at 7:52 p.m. However, Terry Holder noted that minutes from the October meeting stated that he had been “chastised” for paying his bill later than expected. He said he didn’t remember being “chastised” and explained that the reason his bill had been as late as it was was because of the title company’s delays. Morgan agreed to change the wording in the minutes. She also presented him with his membership certificate, a legal document. The minutes were approved upon a motion by Campion, with the requested change. Morgan seconded the motion, and the minutes were accepted.

The president went on to new business. Cornelius said he did not have any new business except the treasurer’s report. The president noted it had changed only by the amount of money brought in in January. He said that in the next month, the association would be able to pay Water Operator Henry Torres what is owed him through September. We had been behind in paying him, but largely because it had taken some time for him to have invoices prepared to give us. By that time, we owed him $2,300 and had to pay him in installments, as we operate on a generally rather tight budget.

David Lucero had told Morgan that his house is on the market. They have had some interest in the house, so he had suggested that the board begin looking for a replacement as treasurer. He wants to train someone. Morgan noted that, as the water association makes only $15,000 per year, taking care of our finances is not “rocket science.” Morgan noted that Mr. Holder has said his wife might do it, but Morgan asked Martha Trego, who was present and who does bookkeeping for others, if she could find it in her heart to assist us and to think about it. Trego said that in addition to her job, she has a couple of clients she works for out of her house. Holder noted that his wife does his books and his daughter’s. He had told us that his wife has a Ph.D. in education administration, which has nothing to do with books—she’s just good with numbers. Neither Trego nor Holder (on behalf of his wife) committed to anything, as yet.

Cornelius asked Campion if he had been in touch with Doreen Gallegos. He said that she is involved with the legislative session at this time, so he had not spoken to her. The president noted that Howell was supposed to hand-deliver a letter to Rep. Gallegos on behalf of the association’s request for capital outlay funds. The president then cast about for the next topic. He said that he would follow up with Torres on a repair that had been done, apparently a switch for a pressure tank. It was revealed that the board probably needs to purchase two or three new pressure tanks, at a cost of up to $500 each.

The next topic was old business: proposed passage of an Open Meetings Act resolution for 2020. This should have been done in the annual meeting in January, but Morgan discovered that she did not have the resolution with her at the time. She had had to print out a new copy for passage in the special meeting. She noted that it specifies how much notice must be given for regular meetings (10 days), special meetings (3 days), and for emergency meetings (24 hours). A quorum is required to pass a resolution, and both Patrick Stafford and David Lucero were absent from this meeting. Morgan noted that all members present would have to sign it in order for it to be valid. The board members present signed it and moved on to another resolution. Resolutions also have to bear the association’s seal, which Morgan applied.

The next resolution was to settle on an amount of money and authorization to proceed with an application for Colonias Infrastructure money. Morgan noted that at the last meeting, Howell had prepared three separate resolutions with differing monetary amounts specified in them, but he recommended that the board apply for the entire amount desired ($777,940, with a match of $77,794 and a loan of $77,794) for the complete construction of proposed improvements, which would include a new booster station, new distribution lines, and the interconnection with High Valley Farms (VDRMDWCA paid for the design and Lower Rio Grande Public Water Works Authority will pay for construction). If we were to apply for money for new distribution lines only, the amount would be $628,980, with a corresponding 10 percent match and loan, and if the board was to apply for money for a new booster station only, the amount would be $374,900, with a corresponding 10 percent match and loan.

Campion asked whether the association could only apply for one amount, “We can’t give them options?” Morgan noted that the Colonias Infracture Board could give us less than we ask for—they, in essence, make their own options. Morgan noted that, even if the board is awarded the highest possible amount of money, it is not required to take it all. And, Campion added, “nor do we have to spend it all.” He recommended that we apply for the entire amount. That may allow the association more options, he said. It’s also cheaper to do all the work at once, as the requests for only the distribution lines or only the booster station are higher together, than the single request for all the work. Morgan noted that there were only places for the president and the secretary to sign the resolution. She also said that a motion would be required. Campion made a motion that the board apply for the full amount of money. Morgan seconded the motion. No one opposed it and it passed. It was passed around for signatures.

Campion later noted that all of the resolutions with varying amounts were worded identically, and he wanted to know if we needed to change the wording to include the booster station. It was agreed that that would be desirable, but not wanting to necessitate another meeting, he asked to amend his motion to state that, if Howell would change the wording to include the booster station, the president and secretary could sign the altered document and it would be ready to pass along. Morgan seconded Campion’s motion to amend the document, and the suggested amendment passed.

Morgan noted that the Colonias Infrastructure Board may require us to sign the resolution a second time. Holder suggested that we could sign the amendment and that may take care of it. The president suggested that we check with Howell to see if we could get that done without having to meet again.

The president then invited Rob Campion to bring up something during the open forum section of the meeting. He noted he did not want to create a controversy, but that he believed we are getting down to the clay on portions of the road. He suggested that we have the folks working on the road back off. The consensus was that most folks were not happy with the state of the road. The gravel that remains ends up at the side of the road instead of on the roadway. Most of those present seemed to agree that the association needs to hire someone who knows what he or she is doing to grade the road and ensure that we are not driving right on top of the clay. David Lucero, while not at the meeting, had told the secretary he favored the purchase of additional road base to put on the roadway, although he usually does not favor spending money. Holder inquired about the grader parked by the well house. Cornelius said that the grader is so old that it is difficult to find parts for it. Someone else said that it is “shot.” Morgan also noted that we need to ask our neighbors to slow down. Campion and Cornelius said that the individual we usually have grade the road could pull gravel back onto the road surface. Martha Trego mentioned that some of the trucks pulling trailers are “flying” down the road. Cornelius lost a windshield that cost him $1,700 to replace because of one of them.

Additionally, Morgan stated that water association member Claire Baumgartner, while she also did not attend the meeting, was concerned that the interconnection between High Valley Farms and VDRMDWCA would allow High Valley the ability to steal water from the association. Morgan said the agreement between the two entities (Lower Rio Grande Public Water Works Authority [LRGPWWA], which now owns High Valley Farms, and VDRMDWCA) stated that the presidents of both entities had to agree prior to water being disbursed to either entity. That seems to be adequate protection, she said. The secretary also noted that, as Baumgartner has been meeting people in Vado while preparing a petition against the speedway recently established at the northwest corner of the intersection between Interstate 10 and County Road 227 had met John Holguin and his wife. Holguin, Morgan said, was a former state cop, a former detective, and had been a board member of the LRGPWWA for years. Now, his wife serves on the board. That seemed to reassure Baumgartner to some degree. Cornelius indicated that he speaks with Baumgartner often, and he would bring up the matter with her. Campion said he felt the current situation is that the interconnection benefits VDRMDWCA more than High Valley Farms, as Morgan added, they are ahead of VDRMDWCA in making improvements to their water system.

Baumgartner is now secretary for the Vista del Rey Estates Homeowners Association, and Martha Trego became president.

The president noted that it was 7 p.m., and he was hoping to adjourn. Morgan noted that we have to have a motion for adjournment. Cornelius asked for a motion, and Campion accommodated him. Morgan seconded the motion, and the motion passed. The meeting then adjourned. Folks visited briefly and left The Lord’s Ranch.

WS 87.