Official Minutes of TRLA Board Meeting Nov. 19, 2005
OFFICIAL MEETING MINUTES
Attending: Richard Hawkins, Howard Williams, Joe DeLorenzo,
and Tim Gugliotta
Minutes of Last Meeting: Minutes of last meeting were not read or approved by the Board due to the absence of Mr. Dario Rodriquez, Secretary
Treasurer's Report: Mr. Howard Williams reported
the following as of October 31, 2005:
Current Liabilities: $591.94
200 lots in arrears with 116 lots owing $65.00 due Jan. 31, 2006
Mr. Hawkins also encouraged landowners to speak to Directors about any concerns or rumors they may here, but said that there are some things the Board will not be able to talk about, especially legal issues in ongoing court cases. However, they will communicate what they can.
The Association has the option to recover its legal expenses in this case, but may also choose to collect only dues in arrears and those going forward. The Board needs to decide. The exact costs of this court case are unknown, but are estimated to be between $49,000 and $80,000. The lawyers will have to supply this figure. These costs were not covered by insurance. There appeared to be general agreement amongst the landowners present that they did not want to bankrupt the Allens, but collect fees in arrears. Roger Irwin encouraged everyone to recognize that the Association "received something very important for the money we have expended."
There is no more information available on the other two lawsuits, though it is expected that this decision will have some bearing on the McGarry case. Both it and the Garcia case are awaiting decisions.
2. Road Update (R. Hawkins and B. Ozee)-Richard Hawkins and Cody Kelly met with both Cibola and McKinley counties last week to try and clarify what the counties are willing to do for the roads out here. The meeting was very congenial. The main road from Hwy 53 to the Box S is designated as a county road and recreational. The counties will take care of it, providing maintenance two times per year. TRLA can do minor repairs, but needs to inform the counties before doing so. The counties asked the State Legislature for $250,000 last year to maintain county roads but received only $20,000, so their funds are limited. Cody Kelly, our lawyer, is going to be working in Santa Fe to try and get more money for both counties related to road maintenance.
The best way to the main road now is to contact our Ranch Manger, Bubba Ozee, regarding any problems. In turn, he will contact the counties. We want to have a single line of communication, not each landowners contacting the counties. This aggravates them and we don't want to do this as it impacts cooperation.
The counties have agreed to take responsibility for all of Timberlake Ranch Road once all the legal issues are settled. Mr. Paul Davis has agreed to give his section to McKinley and Cody Kelly is working on getting the BIA section turned over to them, too. Cibola has agreed to maintain the section between the last cattle guard and the firehouse. If there is some gravel needed in an area, the counties are willing to bring it in and help TRLA spread it.
TRLA asked the counties to provided an accurate estimate of what it would take to bring the main road up to Class C standards and costs for one of three types of coverings: asphalt, chip seal or just dust control. Payment for this could happen in one of three ways: Special Improvement District (SID), State pays for all, or some sort of cost sharing arrangement between the state, the counties and TRLA. Nothing can be discussed until we know the costs. The counties are to begin on this possibly next week.
The Box S portion of Timberlake Ranch road is considered to be a trail by the counties and it needs two bridges, which may well blow the affordability of this project. It is not likely to be included.
At some point in time it will be necessary for landowners to begin attending County Commission meetings to voice our support for a course of action, but we are not their yet. The McKinley County lawyer suggested TRLA might want to consider becoming a small city at sometime in the future beginning with forming a water and trash district. This would give landowners a way to deal directly with the state and bypass the counties. Another possibility is to have McKinley County take over the Cibola portion of TRLA. This could be done with support from the State Senate, but Cibola will probably want something in return. Gets us into lots of politics.
Landowners suggested the formation of a Roads Committee that Richard Hawkins strongly opposed at this time-"I hate committees." Some folks supported the idea, others did not, and it was decided to let the current structure with the Ranch Manager handling road issues with landowners reporting issues work and see it is successful. Concerns were also raised about the S Curve and getting it straightened out, and using a SID to cover the costs of improving Timberlake Ranch road when we are already paying property taxes for roads now.
3. Ranch House Problems (Joe DeLorenzo & Tim Gugliotta)-The fire inspection report on the Ranch House was discussed. Most of the problems are electrical and plumbing with a few structural issues. The buildings are basically sound. The Board is going to get bids from contactors, pull permits from the State to cover liability issues and bring them up to code as money is available. There is some work that can be done by landowners on a volunteer basis, such as painting and wall repairs.
He is committed working with landowners on road issues and others facing TRLA as they come up. He encouraged landowners to contact him regarding any problems they may be having or see regarding the Ranch. (See Ranch Manager's Report for more information.)
2. Dues (H. Williams)-Two hundred lots are in arrears. Recent court ruling confirms that dues go with the land we purchased. Board is trying to do what is right, so please pay your dues. Not doing so only hurts all of us. Timberlake South is back paying dues.
The Board is looking at selling the two lots that we purchased from McKinley County for back taxes. This may be some sort of closed bid arrangements, but first some legal questions need to be investigated. More information will be provided shortly. One lot is on Sagebrush and the other is on Woodland.
Richard Hawkins stated that the Board is going "to be fairly hard-nosed about paying dues" and will be placing liens on property where appropriate before the end of this fiscal year. He noted this is the only recourse the Board has for collecting assessment fees and getting the resources needed to maintain the Ranch and its roads.
3. Appointing of Architectural Committee (R. Hawkins)-Richard asked new Director Linda Pederson to join Tim Gugliotta on the Architectural Committee and tasked them with getting it up and running again.
4. Bath House Clings (T. Gugliotta)-The Bath House will be closing for winter tomorrow.
6. Woodland Association Paying Dues (R. Hawkins)-Members of the Woodland Association wish to pay dues in exchange for access to Ranch facilities. There has been a long standing agreement with the folks in the Woodland area that allows them access to the lake and the Bath House in exchange for them using the north gate to the lake rather than creating their entrance, which they could do. Their fees would be treated as normal assessment fees. Mr. Williams and Mr. Skinner are asked to speak with these homeowners or Bill Wolford, who has collected their dues in the past.
7. Next Boarding Meeting -The date of the next Board meeting will be posted. It is now tentatively set for Saturday, February 18, 2006.