CALLE FELIBERTO ROAD MAINTENANCE ASSOCIATION, INC.
MINUTES OF THE MEETING
MARCH 6, 2008
The meeting of the Calle Feliberto Road Maintenance Association, Inc. was held on March 6, 2008, beginning at 5:30 PM at the Best Western Kachina Lodge and meeting Center located at 413 Paseo Del Pueblo Norte, Taos, New Mexico. Attached to these Minutes is a copy of the attendance sign-in sheet.
The meeting was called to order by Steve Haskin and then Attorney Alan Maestas addressed the members which included comments, questions and answers as follows:
Doug Bridgers said that there should have been a road association meeting a year ago. There was a discussion about the way the Road Association has been run and is to be run and there was criticism that each land owner should have one vote regardless of the number of lots in their possession.
Justin Young said that there are different interests among the land owners since some want to develop their land and others do not and so there is a different perception as to value. The electric agreement should have been stand alone. Mr. Young said his attorney is successful in requiring counties to take over the maintenance of the road. He says his attorney, John Patterson, has been successful with this litigation in five counties. Mr. Young volunteered, at his own expense, to bring Mr. Patterson to the next meeting. Mr. Young thinks the association should go after Taos County.
There was unanimous agreement that the members move forward and work together to complete the road and then it was asked who is supposed to complete the road.
Brad Larson questioned if we could be construed as over 100 lots right now. But Alex Abeyta said that right now the County is okay with Type C. There was also the question of the formula that should be used to calculate the road assessments.
Peter Fay said that it would be stupid not to complete the road since everyone’s land value would go up with the road completed. Nestor Martinez brought up the family transfer issues and has a problem with having to pay interest. Doug and Mary Bowen said that they had paid their assessment and it isn’t fair to change it now. Mr. Edelman raised the point that with family transfers you can avoid the road assessments altogether. It isn’t fair for someone to use the road and not share in the costs.
Alan Maestas said that the amended agreement would try to take everyone’s concerns into consideration and make it fair across the board.
Doug and Mary Bowen say that they donated the land for the easement but they haven’t gotten credit for it. Doug Bridgers has concerns about the money being used properly.
The goal for an amended road association agreement is that it be fair and equitable across the board as much as possible given the diverse interests.
There is a discussion about family transfers and how to make that fair. Suppose there are 12 family members each of whom build a house on a lot and then they sell it on the open market. It should be that the moment it sells out of the family, reimbursement to the Road Association would be required.
There was unanimous agreement that everyone should go forward in a positive way.
Alex Abeyta gave his financial presentation. Attached to these Minutes is a copy of Mr. Abeyta’s financial report. Mr. Abeyta said that he was first hired by Mesa who posted a $300,000 letter of credit to build a type D road. Mesa gets its power from Nick Road and doesn’t need the electricity from Calle Feliberto. The County says once the pit run is down they will begin processing the subdivision applications. There was an overrun in the installation of the electricity due to the fact Kit Carson didn’t have the cable when it was required and that took another 6-8 weeks and by that time the trenches caved in and they had to be retrenched. The original constructors of the road August Construction were unable to complete its contract and so the Association had to change to Jason Rael to complete the work. His company absorbed a lot of the cost of redoing the problems caused by August Construction.
If legacy owners sell to a subdivder they must disclose the required reimbursement to the Road Association. And if a family member does a 5 lot summary subdivision, then the association would also expect to get reimbursed.
Following Alex Abeyta’s presentation, there was the election of directors. Both Doug Bridgers and Richard Edelman refused to accept their nominations as directors. Steve Haskin was nominated as Director and President. Roland Jacobs was nominated as Director and Vice President and Ed Debevec was nominated as Director and Treasurer and temporary acting Secretary. These individuals were then unanimously elected to their respective positions.
With there being no further business, the meeting was adjourned.
Dated: ____________________________________
Acting Secretary
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