Calle Feliberto
Road Maintenance Association

CALLE FELIBERTO ROAD MAINTENANCE ASSOCIATION, INC.
MINUTES OF THE MEETING
MAY 1, 2008

The meeting of the Calle Feliberto Road Maintenance Association, Inc. was held on May 1, 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.

Steve Haskin called the meeting to order. The first item was an approval of the agenda. Next there followed a discussion of the content of the minutes of the last meeting. One person objected to the explanation for the cost overrun with Kit Carson; there was another comment about whether there had been sufficient notice given at the last meeting. Then there was a discussion as to the relevancy of even approving the minutes from the last meeting and so the discussion moved onto the next item on the agenda and the minutes were left as they were.

The discussion then went into the proposed amendments to the bylaws as distributed via mail to the members. Michael Kem went over the proposed amendments one at a time. There was a question as to who had a right to vote on these particular amendments and those individuals under the original bylaws raised their hands. There were 12 people voting and all of the amendments passed unanimously.

Next, Michael Kem went over each of the additional proposed amendments to the bylaws that he submitted. And all of his proposed amendments were passed unanimously as follows:

Article VI: Add: Officers may be modified at any legal meeting.

Article XI: is modified to read “number of directors shall be a minimum of three and may be added or removed at any meeting. Directors shall make decisions based on a majority vote.

Add a new article after XII: Committees shall be formed by members at membership meetings and shall include one board member. Two committees shall be:

Financial: This committee shall oversee the accounting and manage bank accounts and shall include the treasurer and a minimum of two other members.

Project Management: This committee shall oversee and manage all aspects of the road completion and shall include a board member and a minimum of two other members.

All committees will keep minutes of their actions and decisions.

Article XIV Meetings of members

Set up “Notices of Meetings and other Information: as a separate section.

Modify current notice to:

“Meeting notice may be by postal service or e-mail. Notice of meetings will be with a minimum advanced notice of 30 days and maximum of 60 days as referenced by post mark or e-mail date.

If an emergency meeting is held with less than 30 days notice then any action taken at that meeting must be ratified at the next regularly scheduled meeting of the members.

Section 4 Quorum: Change from 10% to 40% which shall remain valid until there are 40 outstanding votes and at such time the membership will reestablish a realistic quorum percentage.

New Section 5: Meetings by phone: members may attend meetings by phone using telephone conferencing services.

New Section 6: Web Page: A web page shall be set up and post all corporate information, including current minutes, meeting information, status of projects and list of members.

Article XV will be evaluated by Ed Debevek and he will report back to the membership.

It was agreed that there is to be no commingling between maintenance and capital expenses and Ed Debevek will maintain an operating account and a capital account.

Alex Abeyta proceeded to give a financial update. Mary Bowen has received her refund for her overpayment. Jason Rael was paid $30,000 to complete the pit run. This was through a loan to the association.

Jason Rael has given a bid of approximately $450,000 to do the base course and $95,681 to do the fire suppression systems. Thus the total bid is approximately $550,000. His bid in August of 2006 was $232,865. Thus the bid has increased by 40% because of rising costs.

Alex announced that he never intended to be the engineer of record for the road association and so effective May 30th, he is resigning. Alex reported that Edward Vigil is still insisting that the first person to go in and do a 5-Lot Summary Subdivision will either have to finish building the road or provide a line of credit to prove to the county that they will finish the road and fire suppression at least to their subdivision.

Doug Bridgers notes that we have a better road that 80% of the roads in Taos County. Alex says we have the option of going to the county and requesting a variance. He mentions the various requirements needed in order to request a variance.

There is a discussion able the “NM Special Improvement District” but the likelihood of that happening is nil. There are also no grants available under our circumstances.

There is a discussion as to whether a bank would loan against liens on properties. Doug Bridgers doesn’t think so however, Ron Soskin thinks it is worth trying. Alex says there is nothing to prevent you from doing family transfers but you have to watch where you deposit your money. Nestor Martinez says the county checks up on you.

Alex says he currently has 7 clients among the property owners of Calle Feliberto. 3 owners have type 3 subdivisions and 4 have summary subdivisions. None have been submitted to the County because Ed Vigil says until the road is finished, he will deem the applications incomplete.

Currently there is $261,000 in assessments outstanding, which means the association is about $250,000 short.

Jason Rael has requested an adjustment of $24,000 for the work he just completed and he has provided backup.

Buyers of land from legacy owners will be required to pay the assessment and the legacy owners need to make sure that they inform the buyers of this. Susie Martinez just sold a parcel and the buyers paid the assessment and so the association got some money.

It is pointed out that this is the “perfect storm”: bad real estate market; increased fuel costs and increased regulations, is now making it impossible for the association or any one developer to finish the road. So a committee is formed which Doug Bridgers shall be chairman to approach the county. On the committee is Doug Bridgers; Roland Jacobs; Rick Edelman Bill Segal.

Michael Kem says we need to put together a financial plan or proposal before they go to planning and zoning. Roland Jacobs says that we need to go there and see how they react to a proposed variance before we expend a lot of time and energy. Alex thinks now is a good time to go because building permits are way down.

Doug Bridgers thanks the group that has gotten the association this far.

At this point the meeting was adjourned.

Dated: _____________ _________________________
Ed Debevek, Secretary