Official Minutes of TRLA Board Meeting March 5, 2004
OFFICAL MEETING MINUTES
TRLA Board Meeting
Attending Board Members: Pat Wallace, President; Howard
Reading and Approval of the Minutes: Joan Williams read the September Board Meeting Minutes. They were approved.
Unpaid Dues: 197 landowners have not paid their dues this year amounting to approximately $39,000 for this fiscal year. Doubtful Accounts: $6,966 (prior year delinquent dues)
Roads: See below.
Mr. Wallace reported, that based on best advise of Cassette, Cody Kelley and TRLAs insurance lawyer (Peter Kierst), the Board is expecting quite a bit of change to be directed by the courts, and so the Board is getting ready for this to happen.
Mr. Williams reported that since May 1999, the association has paid $87,107.54 to lawyers in legal fees regarding these legal cases, not including the bill yet to be submitted by Cassette. The Board reported that, except for a very small amount of money, the rest of this expense has not gone to work improving the roads or the CC&Rs. Mr. Wallace stated, the same problems existed ten years ago that exist right now and that the roads are no better now than they were ten years ago. He also stated, the CC&Rs have been in question totally since [their] inception and asked if any of this money has gone to work on this issue. They Board reported only a small amount of $87,000 had been spent on this issue.
Mr. Hawkins explained that the McGarry, Allen and Garcia cases were filed by previous boards for violations of CC&Rs and whatever was going on . Mr. Hawkins stated that past boards have spent $30,000 in the Allen Case to recoup $300 in dues. Mr. Hawkins also stated, there have been buckets of money spent with no results and there has been a lot of money spent that should not have been spent, but that the Board is bound to look at this and will not back off from the lawsuits.
Mr. Williams displayed a binder and manila envelope he stated contains the CC&R work the previous Board did under Barbara Lamberts direction, which he obtained from Mr. Chuck Troy. He stated Mr. Troy informed Mr. Williams, that Barbara told him to burn them after a year and four months. Mr. Williams also stated, Barbara tried to change the CC&Rs to Timberlake South to put in modular homes the same thing they [a previous Board] took the Garcias to court for. He asked if this was fair and called it selective violation prosecution.
Board stated they have no plans to appeal any of the pending court decisions; that they do not want to extend these court cases out any longer. They plan to respond to the decisions to correct what the courts rule.
Mr. Wallace also reported the need to acquire in some way the one-mile of road from Hwy 53 to the first cattleguard that currently crosses the Davis property to insure clear access to Timberlake Ranch. The County has agreed to a 40-foot easement versus a 60-foot. There is a promise of $50,000 to help acquire itTRLA purchasing it and giving it to the County. The Board also has a promise for 50% of the improvement costs from the state legislature. These costs have to be figured into the improvement of the roads.
According to Mr. Wallace, the counties and state never should have approved the Timberlake development because the roads did not comply with the requirements of the New Mexico Subdivision Act. The county is interested in correcting this mistake. Mr. Wallace reported the Board has strong political representation in McKinley County. He said they are not as strong in Cibola County.
Mr. Wallace then spoke about the Public Improvement District (PID) mentioned in the Cody Kelley letter sent to all landowners with the February newsletter. The PID will require a vote between the county and the landowners with 51% approving it. All people using Forest Road 157 would be taxed at the going property tax rate, not just Timberlake Ranch residents. The Board does not know the cost yet. The County does not want to make the tax cost so high people cannot pay their taxes. County does not want to get into the real estate business of taking peoples property.
Pending the results of the current lawsuits, TRLA may only be able to collect dues to take care of the common areas and not the roads. It is the opinion of three lawyers that the roads going by your house is not common area. We can maintain them, but improvements, such as adding gravel, are questionable.
Mr. Wallace reported that he thought the Board could run TRLA and care for the common areas for approximate $25 per year versus the current $130 per year with the implementation of a PID. Property would be taxed according to the acreage. You are taxed more for unimproved land than improved land. Property taxes for improvements make the difference.
Mr. Williams held up a binder of documents covering the issues they have spoken about here. The association will make a copy available to any member for $10.00.
Mr. Wallace stated the Board is preparing for negative court rulings because something will have to be done quickly. This may include forming separate associations similar to what Clo Chin Toh and Timberlake South have done. He has been advised to form one possibly combining Cibola 1 and Cibola 2 subdivisions. According all the documents the Board has reviewed, it believes this was the original intention from the beginning, but it did not happen.
A long time resident stated that Mr. Wallaces earlier statement that the roads are as bad now as they were ten years ago was incorrect, that in fact they are a lot better.
The intention of the Board is to upgrade all Timberlake roads (including the side roads) to a Class C standard, which is similar to Timberlake Road from the Firehouse to the Box S. A letter from McKinley County was passed around showing a diagram of a Class C standard road: 22 feet with 4 feet of shoulder on each side and then bar ditches for drainage, for an approximate total to 34 feet in width. Road surface is gravel. The cost to maintain them by the county is estimated at $195/mile/year. Mr. Williams reports there is approximately 26.5 miles of roads in all of Timberlake, for annual maintenance budget of $5,167.
Validity of part-time Ranch Manager was questioned. Desire to see a full-time Ranch Manager working on the roads at all times.
Liability Insurance on Un-used Equipment
Mr. Wallace believes there is no way the grader can get on the side roads of McKinley 1-10 at this time.
Cibola County has given TRLA permission to remove snow from 157 if it snows 4 inches or more. When it has snowed more on Timberlake 1 and 2, snow has been removed.
[These unofficial meeting minutes were taken from a tape
recording of the meeting. If you would like a copy, please contact the