September 11, 2021 Annual Membership Meeting

SIERRA LOS PINOS PROPERTY OWNERS’ ASSOCIATION
Agenda for Annual Membership Meeting
September 11, 2021

1. CALL TO ORDER at 2:01 PM. 30 seconds of silence in memory of terrorist attacks, 20 years ago.

2. ROLL CALL: (P – Present, E – Excused, A – Absent without notification)

President: Paul Lisko

P
Water Maintenance: John Hines,
Special Non-Voting Officer
P
Legal: Paul Rightley
P
Vice President: Keith Rigney
P
Water Compliance: John Hines,
Special Non-Voting Officer
P
Firewise: Ann Cooke
P
Secretary: Geraldine Burnworth
E
Roads: David Stuedell
P
Architectural: Josh Toennis
P
Treasurer: Jeremy Oepping

P

Parks: Cindy Hines
P

3. WELCOME AND INTRODUCTIONS
a. Welcome by President and Zoom online virtual meeting Host – Paul Lisko
b. Self-introduction by each member of the Board in attendance and their Board position.
c. Self-introduction by SLPPOA member-owners and/or guests in attendance that included
Donna Smith, member since 1985; Jack Nyhan, member since early 1970s; Sandra & Ed Partridge, members since 1987; Shawn Amburgey, member since Oct. 2018; Kathryn Berchtold & Wendee Brunish, members for past 20 years; Jonathan & Katya Morris, members for past 3.5 years; Eric Larson, member since 1993; Tyler Gilstrap, member for past 2 months; Carolyn Corn, member since early 1970s; Kevin Stephens, member for past 30 years; Robert & Hanna Owczarek, members for past 22 years; Mark Stanley, member since Nov. 2001; Justin Moore, member for past 5 years; Mariah Gomez, (husband Robert Eaton logged in with her computer) members since Dec. 2019; Matt & Dawn Filer, members since 2005; Kyle & Leslie Ferguson, members for past 3 years; Shae & Jacob Sanger, members for 4 years; Suzanne Star, member since 1993; Eleni Fredlund; Barbara Van Ruyckevelt; Bill Stellwag, member for past 5 years; Mary Moore; Nathalie Martin, joined meeting late, not introduced. Three invited guests in attendance: Arvind Patel, Project Manager at engineering firm NV5; Allan Saenz, CEO of LA Network; Guest speaker Chris Romo, Fire Management Officer with NM State Forestry, Bernalillo Office to discuss fire prevention strategies in SLP; given the floor.

4. GUEST SPEAKER: Chris Romo, FMO, NM State Forestry Division, Bernalillo District Office. Chris introduced himself, stated he has 20 years’ experience in wildland firefighting and works with Incident Management Team out of Albuquerque Zone, where he serves in on-ground
operations, particularly in his specialty of structure protection on private lands.
a. Goat Fire Structure Triage Assessment
He performs triage for structures to determine if they’re defendable or not, prioritized
based on available resources. He suggested having a precursor meeting with members of SLP to see if there would be interest of putting their homes on this platform and then upload that info into “Collector,” a database for wildland firefighters. He opened the floor to questions.
Paul Rightley asked if there are resources for controlling or changing the conditions of structures or is it just about collecting information on the conditions in the community?

Chris Romo stated it could work both ways. It’s primarily to provide contact numbers for fire management practitioners that would have this info available during a wildfire. Could be used as tool to provide feedback to an owner on home-hardening, resiliency.

Paul Rightley stated he would contact Chris after the meeting.

Ann Cooke suggested she be the Association rep to be contacted who will then manage requests to State Forestry for these assessments. She may be contacted at firewise1@slppoa.org.

Chris Romo asked Ann Cooke if she had had a Firewise assessment done for Sierra Los Pinos.

Ann Cooke stated that she had but that it was done “quite a while back.”

Chris Romo stated NFPA is holding NM State Forestry to those 5-year standards for Firewise. If SLP needs to re-up, Chris is willing to do that for us.

Ann Cooke thanked Chris Romo.

Chris Romo asked Paul Lisko if he could share screen to present Goat Fire Triage Assessment.

Paul Lisko and Chris Romo were ultimately unable to share the screen.

Chris Romo stated that pre-planning info is helpful to FMOs. Residents during Goat Fire in MT were self-evacuating. His team placed additional resources including aircraft, hand crews and heavy equipment. But team would get pulled away from structure protection by lightning strikes. Montana residents don’t have many Firewise communities. Many were willing to allow their homes to be lost so as to not compromise the safety of firefighters. They’d also become angry if the team wanted to cut down trees. They’d complain to line officers with the USFS. It was vital for line officers/local agencies to communicate/educate residents for the importance of removing trees/thinning to make houses more defensible. He plans to be more pro-active with communities he serves in NM. He again mentioned use of “Collector” tool database.

Paul Lisko referenced the Home Ignition Zone Assessment Mitigation Guide, sent to members this morning. Chris Romo’s Structure Triage Assessment gives idea to firefighters if specific homes have defensible space; allows them to triage homes in face of oncoming wildfire; helps base decisions on placement of resources. There’s been lots of rain this year. To prepare for future, homeowners may want to complete mitigation guide and seek input from NMSF on how to make properties more Firewise or home-hardened. Paul L. asked if this was correct.

Chris Romo replied that it was.

Eric Larson asked if either Chris Romo or Paul Lisko could do something about re-opening the slash pit on Thompson Ridge.

Paul Lisko stated Chris Romo works for State Forestry. The slash pit is managed by the US Forest Service. He stated USFS had some overtime funding available to man slash pit for a total of four Saturdays. He’ll forward that email to Eric Larson after the meeting. Harry Jones with Jemez Mountains Firewise Association was looking for volunteers to man gate. USFS shut it down due to people dumping non-slash items like batteries, old tires, etc.

Chris Romo stated those hours could be used for the man-hours needed for the match for continued qualification in Firewise; his meeting with members could also be used for that match; even this meeting of members could qualify. He states Ann Cooke knows all about that. He mentioned establishing a train-the-trainer program for residents of SLP to be able to conduct these assessments for their neighbors. NMSF has done this in other communities with success; make more fire-adaptive so don’t have issues like he found in Montana.

Paul Lisko thanked Chris Romo and asked if anyone else had any more questions for him.

David Stuedell had a question about insurance. His company had recently dropped him; not having insurance in a forested area like our community is of great concern, especially trying to secure a home improvement loan; asked if Chris Romo knows better ways to acquire insurance.

Chris Romo stated USAA, other groups, offer discounts to members of Firewise communities and to send that info to insurance companies. When he returns to office, he’ll look for info on companies who offer these discounts and will forward to Ann Cooke. These issues experienced by landowners in northeast NM, who submitted risk assessments listing structures as unsound, causing insurance companies to drop them. It’s sometimes difficult for insurance companies to understand what it means to be part of a Firewise community; doesn’t mean they’re fireproof.

Jack Nyhan asked Chris R. if he has contact with “people in Santa Fe who have the fire table.”

Chris Romo answered in the affirmative; then asked Jack Nyhan the reason for his question.

Jack Nyhan asked, once the analysis is completed for each lot, will NMSF take into account where any fire may be relative to property locations?

Chris Romo answered in the affirmative; further clarified when looking at fire behavior, the southwest is prioritized, typically since fire and wind move from that direction; adding that large-scale fires with extreme drought behind them or with a low-pressure system coming in, pushing fire everywhere, he advises communities prepare for worst, coming from all directions.

Jack Nyhan thanked Chris Romo.

Paul Lisko asked if anybody else had a question for Chris Romo. Nobody did. Paul L. then thanked Chris R. for being the guest speaker today and stated SLP will follow-up on Structure Triage Assessment moving forward.

Chris Romo invited attendees to visit, call or email him at the NM State Forestry Bernalillo Office in Rio Rancho.

5. VERIFY ELIGIBLE MEMBERS PRESENT TO MAKE A QUORUM (No less than 1/3 of shares)
Jeremy Oepping states he has 44 ballots in his possession that he will bring to fire station when meeting ends; he states there are 151 total lots, 142 members currently eligible, 48 are then needed in order to have a quorum.

Paul Lisko asked Jeremy Oepping if the 44 ballots he possesses are all valid.

Jeremy Oepping replied in the affirmative.

Paul Lisko stated he received email from Carolyn Corn; ballot for her and husband Harold will be valid; stated she would bring to fire station after meeting; so, three other members must be present who have not yet submitted their ballots; asked if anybody else present may be eligible.

Cindy Hines stated she has one other ballot to bring.

Paul Lisko stated that brings us up to 46.

Sandy Partridge stated she will bring theirs to the fire barn.

Paul Lisko stated that’s 47; asked if there was anybody else; recognized Kevin Stephens entered in “Chat” that he’ll bring his ballot to the fire barn after meeting which makes 48 and a quorum.

6. READING AND MEMBERSHIP APPROVAL OF MINUTES (IF QUORUM IS ACHIEVED)
NOTE: If quorum is not achieved, then no motions may be accepted and no voting may take place.
In which case, the remainder of the annual meeting will be for informational purposes only.
Minutes from the following meetings will be subject to membership approval. Please review online.
f. September 14, 2019: Annual meeting of the general membership; minimum quorum met
Paul entertained motion; made by Jonathan Morris; 2nd by Bill Stellwag; none opposed.
e. April 18, 2020: Informational meeting to discuss ballot initiatives on bylaw amendments
Paul entertained motion; made by Jonathan Morris; 2nd by Bill Stellwag; none opposed.
d. June 13, 2020: Special meeting to vote on amending bylaws; minimum quorum not met.
Paul L. entertained motion; made by Jack Nyhan; 2nd by Kyle Ferguson; none opposed.

Jonathan Morris wanted clarification for group that these motions are just for entering minutes into official record, not resulting in some changes, just administrative in nature.

Paul Lisko confirmed that; stated these meetings were either annual or special, distinct from regular board meetings; no hidden agendas, posted on website and itemized here for approval by general membership; asked Jonathan Morris if satisfied with explanation

Jonathan Morris, whose transmission was a little broken up, replied in the affirmative.

c. August 8, 2020: Special meeting of general membership to vote on bylaw amendments.
Paul entertained motion; made by Sandy Partridge; 2nd by Mary Moore; none opposed.

b. September 12, 2020: Annual meeting of general membership; minimum quorum not met
Paul L. entertained motion; made by Jack Nyhan; 2nd by Bill Stellwag; none opposed.
a. November 7, 2020: Special meeting conducted for election of directors to the Board.
Paul L. entertained motion; made by Jack Nyhan; 2nd by Kevin Stephens; none opposed

7. OFFICER REPORTS
a. President – Paul Lisko
i. Too many special meetings conducted due to a lack of achieving the minimum required quorum; mentioned regular board meetings take place on second Tuesday of every month; some members have requested standing invitation; asked members to get involved in regular meetings to avoid an excess amount of special meetings
ii. The shared account of the www.slppoa.org website was disabled at the end of July. Accounts are required to access SLPPOA financial and legal information and to get private and community water usage data. Anyone who has been using a shared member account was given thirty days to set up a personal account from the website login page to continue having access to that information. New accounts would be approved after confirming the applicant’s residence status in the member directory; became an issue with people being able to access SLPPOA data without identifying who they were; webmaster’s concern was a bad actor could use this access to hack account.
iii. The SLPPOA Policy on Vacation Rental Property was updated Dec. 3, 2020, with input from the Association attorney. The revised document cited applicable case law and outlined its justification, thereby making it more legally defensible. The Board approved the revised policy on Dec. 8, 2020; policy and associated permit available at the www.slppoa.org website.
iv. A letter, dated March 6, 2021, was sent on behalf of the Board to the NM Water Quality Control Commission. This letter gave support for protection of streams within the Jemez Valley watershed through their collective designation as Outstanding National Resource Waters. There were two reasons this was done: First, to help insulate Sierra Los Pinos from unwanted future development of large-scale resort-like operations, which may depreciate established water quality standards; and, second, to maintain these set standards in facilitating approval of U.S. Forest Service thinning projects that would enhance the watershed of the East Fork of the Jemez River as well as greatly reduce the risk of catastrophic wildfire to homes and properties within Sierra Los Pinos; this letter was delayed two months after first being proposed until board reviewed its background, ultimately approving it; copies available upon request.
v. On August 6, 2021, a call was placed to the Cuba Soil and Water Conservation District Office. They are expecting to soon receive a large monetary grant through NM State Forestry to finance thinning projects on private lands within their district, of which SLP is part. The landowner will be required to share 10% of the costs associated with the thinning specific to their property and agree to maintain their property in that Firewise condition for at least the next ten years. NMSF was approached to train laypersons on appropriate thinning prescriptions to free more funds toward actual projects; funds still pending; if members are interested in taking part, contact Firewise coordinator Ann Cooke; NMSF and Cuba S&WCD to possibly train volunteers in marking thinning prescriptions.
vi. Discussions were entered into during the Spring months of 2021 with the Jemez District Ranger, Brian Riley. The purpose of these discussions was to establish an alternate evacuation route for residents along Los Griegos Road, in the event of a catastrophic wildfire threatening SLP. Rather than build any new roads, which would require NEPA clearance, Ranger Riley determined that two closed roads, 4AM and 4A, could be re-opened by changing their classifications. His staff scoped out the project in late April and a USFS regional road crew had completed the work by late June. This evacuation route could now be used in an emergency by vehicles with high clearance. More work will be scheduled for next year to place water bars, improve a crossing over an arroyo, and resituate the gate at the top of High Road, leading into the route, so that it is not as steep or as sharp; good collaboration with USFS; allows more than one way in/out for residents of Los Griegos; route is passable with some places still needing work; suggested residents inspect this route, should have 4WD vehicle with high clearance, proposed signage on vehicle limitations
vii. After receiving and reviewing proposals from three separate engineering firms to design improvements to its water systems, the SLPPOA Board, at its regular meeting of May 11, 2021, decided to award the bid to NV5. A Master Services Agreement was then drafted by NV5 and subsequently sent for review to the Association attorney. After red-lining much of the document, particularly in regard to SLPPOA being unable to use the engineering report as it saw fit, the MSA was returned to NV5 for consideration by its legal team. Ultimately, revisions suggested by the Association attorney were all incorporated into the final document. It was fully executed June 10th.
Paul Lisko completed the President’s report and opened the floor to questions.

Mary Moore asked when funds for thinning became available if they could be used for lots owned by USFS at entrance into SLP from NM State Road 4.

Paul Lisko asked Mary Moore if she means the lots upon entry to SLP on Mesa Verde.

Mary Moore replied in the negative; clarified she means the lots upon entering FR 10 on either side of that road; they are full of deadfall and dead standing; stated Ann Cooke knows about this; stated these are eyesore and fire danger, nobody wants to deal with it.

Ann Cooke stated those cannot technically be called “lots,” they are property of USFS, which must do thinning; has ongoing request to USFS, which considers less important than other projects; continues to get overlooked; she’ll continue to pursue, not forgotten.

Paul Rightley stated a tree from this USFS property recently fell onto his property and totaled a vehicle; in conversation with district ranger, not just fire consideration for him.

Paul Lisko addressed Mary Moore’s initial question: Thinning funds will not be used to clear timber off USFS land; specific to thinning private property within Cuba S&WCD.

David Stuedell stated USFS property abutting his lot is a thick stand of snags; concerned USFS thins other areas of forest but not near residences; worries wildfire in these small stands will destroy residences; suggests placing pressure on USFS to thin these areas.

Ann Cooke states she is willing to bring this issue to attention of USFS; does not think USFS should be characterized as not protecting private property, they have done so for past 20 years; thinned large swathes of land, properties being discussed are small size; thinning them to be encouraged, USFS not remiss in protecting private property in SLP.

David Stuedell stated his disagreement with Ann Cooke’s statement in support of USFS.

Mary Moore suggested having volunteers from SLP do thinning themselves and then beg for forgiveness rather than seek permission from USFS. [Laughter at this suggestion was generated from members.] She stated these areas have been neglected by the USFS for 40 years.

Paul Lisko suggested since thinning contractors through the grant will be on-site and grant is through NMSF, perhaps the USFS program, Good Neighbor Authority, which recognizes NMSF as state coordinator, could be used to thin these adjacent properties.

David Stuedell again suggested that pressure should be placed on USFS, like a lawsuit.

Mary Moore agreed with David Stuedell, who both stated “It’s time.”

Harold Corn spoke with USFS crew thinning property along Mesa Verde; thinks they’re not done with contract; saw map on their phone, thinks may cover area Mary Moore is talking about, all USFS property on northside of SLP; thinks USFS may still thin there.

Ann Cooke verified Harold Corn’s statement; it’s a slow-moving process; stated Jemez District is better off than many places in US; they listen to us and do beneficial things; she’d rather work on continued cooperation and better communication and not lawsuits.

Mary Moore suggested perhaps Chris Romo could be intermediary for SLP with USFS.

Ann Cooke stated Chris Romo is a good resource; suggested a formal letter be drafted to USFS stating done waiting, want something done, expect something to happen.

Mary Moore reiterated that it’s been 40 years.

Jack Nyhan stated Jemez is one of two areas in US where special studies are being done (not specified); suggested asking District Ranger for help since he has been open before.

Mary Moore asked Jack Nyhan for the name of the District Ranger.

Jack Nyhan did not immediately know. Many members stated his name is Brian Riley.
Jack Nyhan stated if this ranger is approached, he’d be helpful; done a good job so far.

Mary Moore stated she would write letter; those interested could sign and send to Riley.

Many members expressed liking this idea and a willingness to sign this letter.

Paul Lisko stated he would work with Firewise coordinator Ann Cooke in getting out Mary Moore’s letter to Ranger Riley; identified this as an action item; then asked for any more questions or comments relevant to the President’s report; none were offered.

b. Vice President – Keith Rigney
i. Getting caught up on policies and background on covenants of SLPPOA.
ii. Involved with sale of six lots in Unit 6, five at top of High Road, one on Los Griegos bordering Unit 5; potential buyer for all six lots wanted to develop individually, place gates in various locations and act unilaterally; forced Association to take closer look at administration of these lots; legal counsel contacted to search background, nothing discovered; title search then conducted back to Sept. 1986, no specific applicable covenants determined; documents found these lots are covered by covenants for Units 4-10; issue for SLPPOA is no company willing to maintain High Rd; these lots have own well, so no SLPPOA service; attorney to draft two documents: one for no maintenance of High Road, the other for no delivery of water, stating each lot assessed annual fees less water charges; makes it equitable; owners of these lots will significantly traverse Los Griegos; concern with heavy equipment damaging road; original buyer lost interest as lien found on property, lien subsequently released, original buyer back in, then back out for second time; LA Net currently looking to purchase one lot for tower placement; LA Net to share their intentions later in this meeting.

Paul Lisko thanked Keith Rigney for report; opened floor for any questions.

Paul Rightley stated he has no questions now, but may have some in the future.

David Stuedell asked if the result of this will enable any community member who wants to drill their own well to not pay for water.

Paul Lisko replied in the negative; member wanting own well would have to go through Office of the State Engineer, which currently will not allow it.

David Stuedell stated Robert Hotchkiss has 38 acres with a house he accesses through Ashley Lane and complains about grading of SLP roads; asked whether he has to pay a fee for use of SLP roads; if not, why not?

Paul Lisko asked David Stuedell if Robert Hotchkiss lives in the SLP subdivision.

David Stuedell replied in the negative.

Jack Nyhan stated that Robert Hotchkiss is not a member of SLPPOA.

Paul Lisko then stated SLPPOA cannot charge him for use of its roads.

Ann Cooke stated Bob Hotchkiss has minimal use of SLP roads; he uses FR 10, which is not an SLP road, and a short portion of Ashley Lane.

David Stuedell stated he wanted to raise this issue as a matter of record.

c. Secretary – Geraldine Burnworth – Excused from annual meeting for having to work. Paul Lisko read her report into the record.
i. New Members
The following are the changes of property ownership since the last annual membership meeting. Sierra Los Pinos Property Owners’ Association welcomes:
October 2020 –
Kenneth Paquin – 346 Los Griegos Road
November 2020 -
Eric Verret and Deborah Wiseski – 1182 Los Griegos Road
Rusty and Sarah Von Sternberg – 720 Los Griegos Road
Scott and Holly Gould – 956 Los Griegos Road
Stephen and Brittni Llewelyn – 145 Hoven Weep Loop
December 2020 –
Neil and Cindy Standley – 631 Aspen Grove
Jemez Mountain Development LLC – Lots 1-5 & Tract A, Unit 6
[Correction: Jemez Mtn. Dev. joined SLPPOA Nov. 2020]
January 2021-
Ashley R. D’Anna – 110 Cerro Pelado Trail.
June 2021-
Tyler Gilstrap – 104 Trilobite Trail
July 2021 –
Steven D. Godfrey – 1571 Los Griegos Road

d. Treasurer – Jeremy Oepping
i. Financial Status Review
These are results for year-to-date as of August 31, 2021:
Balance Sheet – Total Assets $336K, Cash position $303K; Total Cash position of $304K is higher vs. $260K this time in 2020;
Checking balance total $178K, higher vs. $143K in 2020;
Reserve balance is $125K, higher vs. $117K in 2020;
$666.67 continues to be transferred from Checking to Reserves each month; Accounts Receivable $12.7K, all attributed to unpaid annual assessments; Eleven (11) delinquent accounts vs. seventeen (17) in 2020;
Other Assets $4.1K, all attributed to prepaid insurance;
Fixed Assets $15.6K, all attributed to SLPPOA owned equipment.
ii. Income Statement Highlights - Comparison to 2021 Budget
YTD Operating Income totals $141,728.88, over budget by $1,319.03;
YTD Operating Expenses Account totals $50,003.45, under budget $38,468.19 Administrative - Overspent by $12,596.14 – Insurance was slightly higher than projected ($800); Legal fees are much higher than projected ($13,800); All other accounts are a mix up/down, but very close to projections.
Common Area - Underspent by $51,403.31 – large annual expenses of road repairs and snow removal have not yet been completed, nor billed; submitted invoice for Roads earlier today in the amount of $40,000. Taxes/Other -Slightly underspent, entire category has $600 annual budget Utilities - Underspent by $652.34.
Annual budget, total expenses $132,409.85; remaining $82,406.40.
Annual budget, transfer to Reserves $8,000/year; remaining $2,544.43.
iii. Pie Charts (attached)
• Total Expenses YTD
• Water Expenses YTD: Outstanding invoice for $6,000 pump not yet paid
• Largest Expenses YTD
• Roads Budget for 2021: $40,000 invoice for recent work just submitted.
iv. Jeremy Oepping states currently working with webmaster to create specific page for financials, reserve studies, monthly and annual numbers for easy access by members; probably take couple months to get it up and running

Paul Lisko thanked Jeremy Oepping for his report and opened the floor for questions.

Suzanne Star asked Jeremy Oepping for clarification on financial charts, specifically on breakdown of costs for Roads, Water and Legal.

Jeremy Oepping verified Suzanne Star’s summaries of those line items, with the exception that $53,000 has not yet been spent on Roads; only $40,000 YTD.

Suzanne Star feels budget spent on Roads and Water “does not balance out too well.”

Barbara Van Ruyckevelt asked how long it’s been since Reserve study done; suggested to increase $666.67/mo. every year; otherwise not enough for water system catastrophe.

Jeremy Oepping said last Reserve study done in early 2017; look to do another in 2022; also looking at long-term asset management planning.

Barbara asked instead of doing study, why not add a little more to Reserves each month.

Jeremy will make note of this; discuss at next board meeting when dealing with budget.

Jack Nyhan asked Jeremy Oepping about deferred action on fixing (Water) System 1 leak problems; cost of materials rising substantially; nothing being done, expects costs to double or triple when it is; thinks delay is due to reluctance by current board members to dig up and replace lines like previous board members did.

Paul Lisko stopped Jack Nyhan going off-topic; there will have to be funds for that but outside scope of financial review; committee report on Water by John Hines next on agenda, but will delay because invited guest has to leave by 4:00, less than 20 minutes, Arvind Patel, project manager to present Design Analysis Report on water systems.

8. COMMITTEE REPORTS
a. Water – John Hines
i. NV5 Design Analysis Report (DAR) on Water Systems’ Co-Mingling Project – Arvind Patel introduced himself; stated DAR on systems co-mingled for System 2 to provide water to System 1 in event of water supply issue; provides reliability; will high-light DAR created for project; performed analysis to develop design recommendations; asked Paul Lisko to pull up report on his side while he speaks about it on his side.

Paul Lisko stated he will try to accommodate this request.

Arvind Patel stated if not then everyone could follow along emailed report that went out. Section 2 of DAR gives existing conditions, summarizes current data; lots of info from John Hines and others, appreciates their prompt responses.

Paul Lisko brought up SLPPOA Binder File; there was a lag in its display on the screen.

Arvind Patel continued with presentation; stated Section 3 of DAR is proposed design; recommended solution is to install approximately 315 feet of PVC pipe, several gate valves and a fire hydrant within the right-of-way on Aspen Grove which will connect the two systems, depicted as the yellow line on System 1; this will allow SLPPOA to provide water from System 2 to System 1 in event of issue; solution is meant to be non-permanent, just to maintain reliability until issues with System 1 have been addressed; Section 4 of the DAR gives the methodology used to support NV5’s recommendations for the project; EPA software was used to develop model; each section included daily diurnal peak for demands on systems; results shown in Figures 2-10 in appendices; used actual pressure systems provided by operator to verify results of model; under this scenario, pressure drops in system will occur between 2-7 psi with pressure throughout systems remaining good; consumers will have sufficient pressure to meet needs, except for two homes located at the end of Scout’s Lane and the System 1 storage tanks there, due to their relatively high elevations; provides water to 98% of users without added expense of lift station and other costs; Figure 10 of DAR shows effect of co-mingling solution, detailed by flow arrows on distribution system; mentioned 3 exhibits, brought up on screen for water system wells/usage (tabulated data on water production displayed on screen), Exhibit 2 presents tabulated well data in graph; Exhibit 3 presents fire hydrant static pressure; next step is prepare engineering plans, estimates and contract documents, to be completed in 4-6 weeks with contractor procurement to follow to build this line; concludes his presentation, stands open for questions.

Keith Rigney asked how long System 2 can support 98% of residents; concerned with added stress on that system having negative impact, failing; has that been considered?

Arvind Patel replied the co-mingling would be a non-permanent solution to provide water to System 1 users while operators address issues; FR 10 well can sustain System 1 for an indefinite amount of time, only limitations would be those two homes and System 1 tanks; extra stress placed on System 2 but only temporary measure til repairs complete

Keith Rigney asked for verification on valve being placed in new line to be installed.

Arvind Patel verified new valve to be placed on either side of connection with hydrant placed in between as seen fit with ability to flush line with hydrant from either direction.

Jonathan Morris asked if this failover system: installation, study, etc. is cheaper than making whatever fixes need to be made to System 1 to make it as reliable as System 2; asked what’s design for failover for System 2 from System 1, should that be necessary.

Arvind Patel replied System 1 already has ability to supplement System 2 through existing co-mingling line; asked to scroll up screen to Figure 1 with map and contours.

Jonathan Morris stated he’s driving, can’t look at map; understands there is existing failover system for System 2 from System 1; need failover for System 1 from System 2?

Arvind Patel stated that is accurate; new project gives both systems level of redundancy.

Nathalie Martin asked for contact if houses on end of Scout’s Lane won’t have enough water; she’s OK to call someone and not take up time here.

Arvind Patel stated for that the two homes at the end of Scout’s Lane, NV5 identified location for potential booster pump to be added on in future or now as board sees fit.

Paul Lisko asked Nathalie Martin to further explain exactly what she’s wanting.

Nathalie Martin stated she’s one of those two houses; asked if she’ll get notice before water is shut-off.

Paul Lisko replied in the affirmative; folks will be advised by email, phone or in person.

Jack Nyhan asked Arvind Patel that if the two systems are supposed to be kept separate in compliance with state regs, will SLPPOA have to re-submit all of its documentation to the state.

Arvind Patel stated this is too difficult for him to answer without seeing SLPPOA’s previous agreements; it is typical to establish redundant water services, but SLPPOA may have to modify existing agreement to remain in compliance; he can’t really say.

Jack Nyhan stated the reason he asked was that if a home in one system got increased coliform amounts in their water, then those amounts would be spread to both systems and water couldn’t be delivered in either system until the entire situation was fixed; states there’s a big culvert near VFD where a valve could be turned to allow System 1 water go to System 2, could also be used to produce water from System 2 to System 1.

Arvind Patel stated existing co-mingling line is one-directional, providing System 1 water to System 2; proposed project would allow System 2 provide water to System 1; NV5’s recommendation is for two gate valves installed in new line in a normally closed position, only opened in event of failure in System 1.

Jack Nyhan asked what’s the advantage of constructing the new line.

Arvind Patel stated NV5’s analysis of water systems shows that’s best way to connect because it doesn’t need booster pump or associated expenses along with related O&M; simply uses gravity and elevations already established by each distribution system.

Jack Nyhan states his belief that System 2 tanks are higher than System 1.

Arvind Patel verifies that statement as correct.

Jack Nyhan stated gravity feed has worked through existing co-mingle line in the past; pressure is very high (at tanks) in the end at Los Griegos, so water pressure in existing line at its junction with System 1, with the exception of those two homes by the storage tanks, should work well to deliver redundancy between systems; asked how proposed project improves system already in place by just having to open an existing valve.

Arvind Patel reiterated that existing line is one-directional from System 1 to 2.

Paul Lisko intervened at this point; stated Arvind Patel has to leave meeting; DAR was emailed to all members this morning along with Zoom link; suggests Jack or any other interested person go through DAR; specific questions could then be sent to Mr. Patel; then thanked him for being at meeting, apologized for having him stay a little longer.

Arvind Patel was understanding, stated he would leave his email information in “Chat.”

ii. Manager John Hines made the following points in his Committee Report on Water:
1. Repaired leak on System 1 at intersection of Hovenweep and FR 10; lost booster pump in System 2 and replaced it; lost pump in the FR 10 well and replaced it; tank level sending units replaced because Verizon quit supporting 3G for a new system on LTE; constructed fence around pipe storage area near playground and another around storage tanks at top of Los Griegos; installed Masonite on (interior) walls of Aspen Grove wellhouse as recommended by the state.
2. Summary of Water: System 1 wells since January pumped total of 2,666,973 gallons, total usage on System 1 of 2,231,892 gallons with leak loss of 435,089 gallons, which is 51.3%; System 2 wells pumped 1,526,290 gallons, total usage of 1,363,478 gallons with leak loss of 162,812 gallons, which is 4.9%, if not counting one house in January with major break of 800,000 gallons lost and in July when FR 10 well down and System 2 had to be fed from System 1.
3. Since last August there’s been 30 leak flags; customers contacted; of those 30, 17 repaired; ten being worked on or are new this month; three not being worked on at all.
4. Looked into installing tank near fire station dedicated to fire suppression, negotiations on-going with Intel, La Cueva VFD, Sandoval County and SLPPOA attorney; Intel will supply tank at no charge, but cost of moving tank here is substantial, constructing base and infrastructure is involved, deliberating how this can be afforded.
5. Things to accomplish this year: Master meters recalibrated and schedule tanks to be drained and cleaned.
6. Water Compliance for past year: Tested for 80 contaminants, found only one at higher level than allowed by EPA; isolated case; after 5 random tests taken at customer’s home, only one faucet showed higher level of lead, homeowner was notified.
7. For more info on water systems, go to SLPPOA webpage and read consumer confidence report from 2020; also, information on water conservation is available there.

Paul Lisko thanked John Hines for his report and opened the floor for questions.

Suzanne Star asked when August meter reading will be posted on the SLPPOA website.

John Hines states that information was sent to webmaster; unknown posting; will check.

Jack Nyhan spoke with Eric Hall, in charge of certification at Water Bureau; SLPPOA doesn’t have certified water operator; views this as major problem to be addressed asap.

John Hines stated in process of getting certification; previously certified in Idaho & CO; getting certified in NM in his contract; as far as water testing, state does it for us, done by Frank Naranjo, certified operator, tests monthly.

Paul Lisko stated, “We’re covered.”

Jack Nyhan asked if we have certified water operator; thought Frank Naranjo was fired.

John Hines stated he was not; still taking our tests for the state.

Jack Nyhan states that’s acting as water sampler; water operator is different certification

John Hines asked Jack Nyhan what his question is.

Jack Nyhan knows Frank Naranjo is a water operator, also runs EPA-certified lab; SLP needs to list certified water operator; Naranjo acts as water sampler, analyzes at his lab.

John Hines more emphatically asks Jack Nyhan what his question is; says he’s currently working to get his certification as a water operator.

Jack Nyhan explained that to Eric Hall, who said working on it doesn’t make difference; must have a certified water operator for the system; been working on it now for a year.

Paul Lisko recommended to Jack Nyhan, rather than going out on his own to approach Eric Hall, he can request him send an email to Paul or John; they will square him away; stated no point in Jack Nyhan stirring up trouble when he doesn’t have the full picture.

Jack Nyhan stated that he unfortunately does have the full picture.

Paul Lisko stated that’s what Jack Nyhan likes to believe; but he unfortunately does not.

b. Roads – David Stuedell
i. Road Grading
1. Annual road grading done at end Aug. this year, which seemed to work well; followed recommendation to wait until after rainy season was over.
2. Total Cost $40,500 with 5 trucks of aggregate-fill at $1,590 per truck; much of it placed along steep areas of Los Griegos.
• Can reduce truck loads if there is a budget constraint; asked for suggestions on any other road grading companies.
• At least two phone lines were cut this year; need to contact Windstream before road grading next year; Windstream lines too close to surface for effective road grading; as roads erode, need evaluation of all utility lines.
• Danny, operator of maintainer, did good job this year with bar ditches.
ii. Culverts
1.Would like to plan on 3 SLP culverts per year in the budget, across SLP roads.
2. Dave Raue has done these in the past but no time this year for this work.
3. Tug Leeder might be able to get to these in the winter; price will be high.
iii. Plowing and Sanding of Roads 2020-2021
1. No plowing contractor yet this year; Dave Raue uncertain; ASM out of Santa Fe is possibility; if anyone knows anyone who would like to bid, he wants to contact them
2. Last contract allowed for 7 plowings at cost of $10,500; extra plowings were $1,500 each; 5 sandings cost $3,500; additional sandings, $600 each.
3. Last year, we got 6 plowings and 2 sandings.
4. SLPPOA owns sander, currently broken; will contact Dave Raue about fixing.
5. Purchased 26 yards red cinders 1/23/20, for $1,525; 2021 order placed soon.
6. Extra sand barrels available in utility shed if needed; please have sand barrels full before winter; this is property owners’ responsibility.
iv. Important ** Please dig out run-off dirt that clogs all culverts within 100 yards of your driveway. It is NOT the SLPPOA’s responsibility to keep culverts clear; it is the property owner’s responsibility; when culvert fills with dirt, it washes out road; Roads Director has little sympathy for those whose culverts are allowed to fill with dirt, shame! David Stuedell completed his report and opened the floor.

Suzanne Star asked if board is going to prepare plan before installing more culverts to accommodate clearing clogged culverts; sees no point in digging up clogged culverts and replacing with new ones, if property owners are unreceptive to helping out.

David Stuedell stated his plan is to let roads wash out and then shame individual property owners, who are not digging out their culverts.

Suzanne Star replied she thought that was a good plan; though some are willing to clear.

David Stuedell is willing to personally meet and shame people not clearing their culverts

Paul Lisko interrupted, stated possibly assigning additional task to NV5, locating culverts washing out roads, perform a relevant engineering study, provide property owners with individual plans to address this issue, educate its necessity in maintaining integrity of roads, give them a certain time frame for completion; if unresolved after 2-3 years, then SLPPOA will contract to get culvert cleared, sending property owner the bill

David Stuedell replied, “That’s the nice plan; if it ever gets executed;” reminding us that individual properties go to the middle of the road; believes common law makes property owners with culverts responsible for them; if not done then they or neighbor has to drive over washed-out roads; thinks Mr. Lisko’s plan would be good, but unsure if SLPPOA would be able to charge these individuals; that question has to be defined by our lawyer.

Suzanne Star suggests people can be charged and not pay; already have some delinquent accounts costing $12,000; can’t get them to pay unless liens filed against the properties; states board has to formulate plan before putting more expense into installing culverts as some individual property owners would still be unwilling to keep their culverts clear.

Paul Lisko agreed; thinks first route is being courteous with people, trying to get them to comply; filing a lien would be last resort; somewhere in between is where we need to be

Keith Rigney stated we really need to fix roads but have a system that’s leaking 51% of its water; can fix roads but will then have to dig them up to fix leaks; must create timing within which to fix both; thinks priority should be water, but waiting too long on roads may mean destroying power lines; situation that needs to be figured out sooner or later.

Cindy Hines replied that consideration at previous board meeting was plan to fix water system in tandem with fixing roads; once road is torn up for installing pipes, when it’s brought back together, then bar ditches, culverts, etc; can be placed.

Keith Rigney replied favorably; stated Windstream may offer fiber; if so suggested they, Jemez Electric and SLPPOA could collaborate placing all utilities in one trench, thereby have other utilities besides SLPPOA Water to share trenching costs; extend life of roads.

Paul Rightley replied favorably, but questioned its feasibility; unsure how much “buy-in” we would get for that plan.

Davis Stuedell agreed; stated road company crowned section of Trilobite (near Rightley) easy to crown a level, wide road; SLPPOA roads generally not conducive to crowning, except in some places where more level; contractor banks them, then places bar ditches.

c. Legal – Paul Rightley
Believes fees for legal this year are high due primarily to work of VP, as outlined in his report, to determine status of lots in Unit 6; states he worked with Architectural Control Committee and Association’s lawyer on better understanding of ACC’s role, resulting in new control form with appropriate addendum; researching old legal settlement between SLPPOA and a member, more appropriate to discuss during an executive session; minor questions re: operation of commercial activities in SLPPOA, determining what to allow.
d. Firewise – Ann Cooke
i. Pleased there’s such interest in fire protection and Firewise; willing to make appointment to assess properties and discuss concerns with owners; wants to encourage taking advantage of pre-assessment program as presented by Chris Romo.
ii. Past June, volunteer effort to clean up Black Bear Park; thinned out seedlings now waiting to be chipped; continuing process.
iii. Thompson Ridge slash pit closed by USFS from people dumping non-slash items; will reopen and staffed on Sept. 18th; plan is to open another 3 Saturdays; recognized as valuable asset to Jemez Mountain communities.
iv. County chipper may be scheduled by contacting LCVFD Chief Lee Taylor.
v. Grants coming with 90/10 split for thinning of private properties.
vi. To recertify SLP as a Firewise community, she has to report efforts being made by how many hours homeowners have worked to reduce fuels, which includes cleaning gutters, coming to meetings, splitting firewood, thinning properties, etc. either in hours expended with number of people involved or money spent.
vii. Commends having alternate evacuation route established with help of USFS from High Road to Hwy 4; warns not to have fire plan of waiting in non- Firewise houses to evacuate at the last minute; evacuation route, not an emergency exit. Ann Cooke completed her report and opened the floor.

Keith Rigney stated Lee Taylor and son did chipping last Saturday for just two people.

Jeremy Oepping stated he is willing to reach out to Lee Taylor again since no chipping was done as requested for properties on upper Los Griegos and down Redondo Vista.

Ann Cooke thanked Jeremy Oepping, stated that some chipping was not completed during past weekend as scheduled due to Chief Lee Taylor having family emergency.

David Stuedell confirmed his property was also dropped from chipping schedule.

e. Parks – Cindy Hines
i. Stated SLPPOA has two improved parks, one located behind fire station with several pieces of playground equipment, the other located along FR 10 and named Black Bear Park; monthly inspections done to assure safety.
ii. Organized first ever work day occurred on Saturday, July 17th; volunteers worked several hours in Black Bear Park: mowed, weed-eated, thinned seedlings, repainted playground equipment, installed wooden sign created by member, Shawn Weary.
iii. Slash piles of thinned seedlings on list for chipping by La Cueva VFD.
iv. Seeks volunteers for parks’ upkeep during summer, mostly to keep mowed. Cindy Hines completed her report and opened the floor for questions.

Discussion ensued among board members on loss of hearing capability for Paul Lisko.

Donna Smith suggested one of the other board members move forward with agenda.

f. Architectural – Josh Toennis
i. Over past year, 12 architectural requests were submitted and approved; other members asked specific questions on compliance with ACC guidelines.
ii. LA Net proposal to buy lot at top of High Road, install communication tower; introduced CEO Allan Saenz, who requested being able to share screen during his presentation; advised Host Paul Lisko would have to allow.

President Paul Lisko regained hearing capability at this point during the Zoom meeting.

Allan Saenz asked to share screen to explain his proposed project. After David Stuedell gave input on how to accomplish, Paul Lisko with 3-minute delay, finally able to allow.

Allan Saenz/LA Net provided internet service in SLP for past 10 months; takes lots of equipment and good connections for reliable service, currently to 12 clients with line-of-sight (LOS), with waiting list of 100; needs more stable location; described current service signal relays and portable solar repeaters; must have clear LOS to Pajarito for service to work; got non-LOS equipment that came too late for installation; wants more permanent location, buy Lot #3 in Unit 6 for better signal to distribute in SLP; used drone to find necessary height of 55-60 feet for LOS to Pajarito; gives ability to access many more places in SLP; proposes to construct small cabin with 60-foot tower to receive signal and retransmit; lot terrain is uneven, challenging to clear and develop; use of solar panels to power equipment; seeks SLPPOA approval to install tower; requesting extension beyond Sept. 30 deadline from USFS to move equipment and reinstall connected clients; finished presentation.

Paul Lisko favorable of plan, wants to see it happen, but nowhere on business plan is building of structure (cabin) identified; lots within SLP are for residential construction; tower is not a residence; clarification from attorney will be sought re: commercial operation on residential lot; LA Net not typical business like retail store or service; but residence required; submission of plans late, no dimensions given for cabin; initially tower was reported as 10 feet high, actually 60, no problem with installation of tower, but ancillary to residence; again mentioned construction of residence to be made in business plan; knows LA Net wants purchase expedited to remove equipment from USFS property; SLPPOA must first consult with attorney, no promises; if approved, may be able to install tower first, cabin to come later; asks Allan Saenz to comment.

Robert Owczarek made following comments in “Chat” at this time: “Internet is a necessity just behind electricity and water and it has to be really good, not like the satellite absurd we have now. Internet is as water, not just "some business." “
Allan Saenz stated that is the goal, cabin placed next to tower on flat area of lot; cabin dimensions: 20’x32’= 640 sq. ft; above minimal requirement of 600 sq. ft; prioritizes construction of tower now to maintain internet service to residents with cabin built later.

Keith Rigney sent email to SLPPOA Scott Turner, inquiries on requirement of 600-sq.ft. residence and placement of tower in commercial zone vs. residential lot; tower permit to be submitted and approved by Sandoval County; per CC&Rs, tower must be in harmony with general surroundings as approved by ACC; states nothing in county ordinances on residence constructed on lot, pending response from attorney cabin may not be required; comm tower doesn’t have to be placed on commercially zoned lot, can be residential lot.

Paul Rightley agrees with Keith Rigney, states the issue is determining the boundary between residential lot and commercial activity; antennas are whole different subject; may able to achieve without cabin, concerns (in compliance with CC&Rs) must be understood, states others may also have concerns with possible unsightliness of tower.

Keith Rigney thinks nobody will be able to see tower and, if necessary, paint it green.

Paul Rightley jokes about personal color-blindness and placing flashing lights on tower; states placement must be done legally; in favor of it, but wants it done correctly.

Keith Rigney states intention to send email to Scott Turner as we speak, will “cc” anyone who wants it, just to touch base with SLPPOA attorney on this issue.

Paul Lisko informs Keith Rigney an email is already being sent to Scott Turner; tells him to delay sending another.

Keith Rigney states he’s emailed attorney in the past on behalf of ACC Director Josh Toennis; gives that as reason why he originally emailed attorney.

Robert Owczarek made following comment in “Chat” at this time: “If we do not have a good internet, we are going to leave SLP.”
Paul Lisko stated Josh Toennis sent that email for someone to do that and he (Paul Lisko) offered to do it; asked we not bombard Scott Turner with all sorts of emails; suggested we wait.

Keith Rigney agreed with Paul Lisko, suggested that he be “cc’d.”

Josh Toennis commented his belief that Paul Lisko was to contact Allan Saenz and that Keith Rigney was to contact our legal representative, unaware Paul Lisko had done that.

Paul Lisko stated he had “cc’d” Josh Toennis on this, will forward as may be necessary; stated Josh Toennis was correct in belief that Paul Lisko was to contact Allan Saenz; thinks it important all 3 of them be involved; still not bombard Scott Turner with emails.

Paul Rightley and David Stuedell thanked Allan Saenz for his presentation and proposal.

Allan Saenz thankful for community support; states a big effort for business to buy lot and install tower, ready to provide SLP better internet service; wants to do things right.

Mary Moore asked Allan Saenz if this will also include cell phone service.

Allan Saenz replied to Mary Moore in the negative; stated phone company could opt to use tower to provide better cell coverage, a plus; LA Net does not provide cell service.

Harold Corn states having service from LA Net from the start; doesn’t want to lose it; references his past experience on board; agrees with ACC opinion; suggests LA Net work with county, submit plan required by ACC; states some lots only have garage on-site, no residents; residence may not be necessary, attorney’s opinion will be valuable; suggests LA Net submit plan for ACC approval or board review; states variances have been given to ACC guidelines, board has power to do that carefully, with concurrence of others, fairly; suggests considering benefits outweighing costs of a variance in this case.

Paul Lisko thanked Harold Corn for being insightful, concise; a well-made statement.

Robert Owczarek made this comment in “Chat” at this time: “The tower may be used, when built, for may (sic) other services, I guess, e.g. for fire observation, and others.”

Donna Smith wants to follow-up Harold Corn’s comments; low risk to create variance for tower, can easily erect and take down if needed; no great burden on the Association.

Paul Lisko thanked Donna Smith for comments; thinks tower will benefit SLP residents, wants it to move forward, ensure complying with restrictive covenants, Mr. Saenz meets county requirements with respect to tower; nobody speaking out against; work out kinks

John Hines states when worked in Aspen, CO, Verizon wanted to place cell tower; hears same conversation now as heard then; Verizon’s solution: erect tower looking like pine tree; Aspen residents unaware of its placement; no esthetic issue on pine-tree-like tower.

Robert Owczarek made following comment in “Chat” at this time: “I am OK with tower looking like tower.”

Paul Lisko thanked Allan Saenz, expressed hope to get something done for him soon.

Allan Saenz asked to keep posted; in process of buying lot, requesting USFS extension.

Paul Rightley told Allan Saenz if needs help to request extension, he’s willing to help.

Alan Saenz already sent email to USFS; no reply yet; may send another after meeting, indicating support from community, SLPPOA approval should only take little bit longer

9. OLD BUSINESS
a. Turner Law Firm, SLPPOA’s new legal representation effective Aug. 2020 – Paul Lisko
Members expressed at last two annual meetings to get new attorney; HOAMCO recommended 3, two in AZ, one in NM; wrote all 3, only one reply from AZ, and other from NM, Scott Turner, who we went with; Brad Hays retired, Steve Long was picking up his slack, not really HOA attorney while Mt. Turner specifically is; became SLPPOA’s new legal representative in August 2020.

b. Water Operator approved for three-year contract at $20k/year in Aug. 2020 – Paul Lisko
John Hines became SLPPOA water resource manager; has previous experience as water operator in different municipalities in the West; may noticed he’s pro- active in checking/repairing/limiting leaks, doing great job; approved for 3-year contract, August 2020; feels Association fortunate to have John Hines on-board.

Robert Owczarek made following comment in “Chat” at this time: “Without really good internet our area will quickly be losing value.”
10. NEW BUSINESS
a. Volunteer Appreciation – Paul Lisko
Identified 5 volunteers deserving recognition; upon request, board presented no others; mentioned Jack Nyhan, Sally Hunter and Ed Partridge, who volunteered to process ballots during many elections held over past two years; recognized Shawn Weary, who created and installed sign for Black Bear Park; recognized Harold Corn, who continues to help with water systems, trained John Hines and Paul Lisko in use of handheld meter reading device, assures water operation in SLP; all to be sent $25 gift cards.

John Hines wants to recognize Mark Stanley for his help in getting him used to system.

Paul Lisko stated he will include Mark Stanley on the list of recipients for a gift card.

b. Omit water from annual assessment; monthly water billing proposed – P. Lisko, A. Patel
i. Discussion only. No voting at this time. Special meeting required for any future vote.

Suggested removing water from annual assessment to monthly water billing instead; Arvind Patel was to address how, but left meeting, posted how in “Chat,” will read his comments; sent out summary of attorney’s input on getting SLPPOA to water billing rate structure, can discuss now if wanted; mentioned email sent members earlier today, not in attendance is sender, who thinks a mutual domestic water consumers’ association (MDWCA) will not benefit community; two things at issue: 1. removing water charges from annual assessment and 2. establishing an MDWCA; sender states if members vote to turn over assets to MDWCA, it and not members would own water system; not true, operation not being handed over to outsiders, MDWCA to be made of members in SLP community; sender further states NM statutes give MDWCA ingress and egress across properties with or without owner consent; also not true, any MDWCA will be comprised of members of SLP community, establishing board, answerable to community, not just ramrodding through whatever it wants; sender further states MDWCA will set price of water received through it without members having any say; again not true, MDWCA board will set rates to be fair and equitable to all within SLP, who will have say as board will be elected from members of SLPPOA; if you would be interested in serving on that board, contact Paul Rightley, Legal Director who’s in charge of developing MDWCA.

Returning to idea of removal of billing for water in the annual assessment, in favor of MDWCA but nothing set in stone, SLP water infrastructure over 40 years old, from experience in digging up valves, lines, chasing leaks; would have plan to replace lines but end up delaying planned replacement to fix some other major break instead; does not want continuous chasing down of leaks, especially with 50% leak rate in System 1.

NV5 engaged as SLP’s engineering group, figured plan for redundancy between System 1 and 2; scope of project limited in focus, not having to replace great amounts of water lines in either system; if find SLPPOA can work well with NV5 on this project for its design and bids sent out for contractors to co-mingle both systems, then look to them to engineer line replacements throughout SLP; keep in mind this can become very costly; to alleviate some of those costs, MDWCA can be established to regulate water for the utility that it is but not being currently regulated; once having designation as MDWCA, can tap into funding to pay for some repairs; in some cost analyses, government covers 85% of costs, SLP 15%, seems like good deal in replacing 40-year-old infrastructure.

Paul Lisko completes appeal and opens the floor for anyone with comments or questions

Jack Nyhan asks Paul Lisko if state will cover 85% of costs, then will this amount be granted or loaned to SLPPOA.

Paul Lisko tells Jack Nyhan it will be a grant up to that amount; most impressed with 3 engineering firms to choose from, NV5 brought to table a person on their staff tasked with writing grants to get funding for water systems; thinks this is opportune time for SLPPOA to do this as US Congress considers huge infrastructure bill; so if can get set up to receive grant through NM Finance Authority, then let’s go for it; but can’t apply for that funding unless set up as MDWCA, which will require removal of water charges from annual assessment and transition to monthly billing with rates to be set by board; right now members pay about $32/month for water; look at budget, $905 paid annually, $384 goes toward water, which breaks down into $32/month; may not stay that amount with added cost of billing; for example, Cañon has 179 connections with base rate of $42 up to 1,000 gallons/month, SLP members pay $32 for 3,400 gallons; Ponderosa has 198 connections with base rate of $27 for up to 3,000 gallons/month, which is close to SLP rate; Jemez Springs has 412 connections with base rate of ≈ $50 for up to 2,500 gallons/month; each system part of MDWCA to tap into funds to support infrastructure.

Paul Rightley asks if HOA appropriate place for utility operation; other communities’ utilities provided by government entities; perhaps SLPPOA will create entity focused on water; case of Unit 6 perfect example, they won’t be part of this, only people who get water pay for water; at same time, it’s “mutual,” that is, another form of representative government; makes things more complex while solving many problems; hopes SLPPOA board won’t also devolve roadwork; work to learn MDWCA advantages/disadvantages.

Paul Lisko states proposed MDWCA will be separate entity from SLPPOA board; by statute, it is governmental organization; difference for SLP is it won’t be public; this MDWCA part of private non-profit, separate board, articles of incorporation drafted and election/removal of officers as necessary; many people in SLP have varying degrees of expertise and opinions on how best to accomplish, draw from those resources to set up board for MDWCA; thinks it’s best way to go, SLP’s water infrastructure 40 years old, without remedial action it will crash; suggested members reach out to Arvind Patel.

Paul Rightley states in agreement with Paul Lisko’s statements.

Paul Lisko reads statement Arvind Patel left in “Chat:” (Paraphrased here.) “In 2011, developed rate structure for 1100 connections with utility bill 100% subsidized by governmental unit; several reasons for who paid bills in community: first, address water and resource conservation with water consumers paying based on usage; second, no revenue stream for reserves or future development projects for water infrastructure, no plan to address deficiencies or planned upgrades; had idea on cost of water operations, visited local utilities to determine their rate structures in advance of setting up plan.”

Paul Lisko states NV5 has lots of experience doing these plans, thinks it’s best way to go; once tiered or per-gallon system in place, advised that usage initially drops, which means revenue stream drops, but eventually balances out by incorporating drop in the billing structure; wants to try keeping rate at $32/month which covers about 75% of SLP consumers who use 3500 gallons per month or less; base rate modeled on local water systems, even when no water consumed; all comes down to improvement of water infra- structure over long time, wants to avoid catastrophic system failures, thinks this is way.

Mary Moore agrees with concepts and principles; must realize large cultural differences in this community, people not used to paying monthly, some not paying bills, may have to effect shut-offs; states difficulty in getting members to serve on any board, very big challenge for SLP; willing to help move things forward, but stay realistic.

Paul Lisko thanked Mary Moore for her comments; thought years ago why bother to set up water coop board or MDWCA; came to realize lots of people in this community with vested interest in water: named her, Jack Nyhan, Suzanne Star, John Fredlund, others dedicated to assure SLP has delivery of quality potable water; engineering firm brought in to design water projects, just starting, so if her or others have interest then join water management board with make-up of community members/property owners imperative; gain consensus to figure out water rates, billing, shut-off policy; learn from other groups

Paul Rightley asked Mary Moore if willing to help in solving problem of water board.

Jack Nyhan states no pass-through of corporate intelligence from one board to another; issue looked at before; many types of water associations can be formed; outside of MDWCA, only few will offer loans to HOAs like SLPPOA; MDWCA offers possibility to get needed grants; suggests first step forward in process, contact members of NM water admin groups, certain they would endorse an MDWCA as a form of business.

Paul Lisko informs Jack Nyhan he’s been in contact with NM Rural Water Association.

Jack Nyhan advises that many times along with a plus comes a minus; difficult to get group together for water board as requires much training; NM water admin groups can present examples of MDWCAs and other types of water management scenarios.

Paul Lisko tells Jack Nyhan that information he received on local area water systems from their (NMENV-DWB) website, 70% of MDWCAs listed as public, 30% as private non-profit; stated interested members send him email request for link to that website; come together, maybe with some training involved; acknowledges Jack Nyhan highly- trained hydrologist; other people bring qualities to table to help SLP get good a board as possible for MDWCA; communication between boards, as John Hines is water manager and non-voting SLPPOA board member, may give/gain input between the two boards.

Donna Smith states SLPPOA looked at this years ago, thinks may have been premature; much more experience now in consulting companies and at state level on how to set up and run MDWCAs; with previous try, too many unanswered questions/unknowns, little progress made, now much better time; agrees for SLPPOA to start charging based on usage; her property had major leak, admits would have been motivated to getting it fixed much sooner than when finally got around to getting it done (if charged based on usage.)

Suzanne Star refers to notion of going after grant money, asks if SLPPOA, as higher- income community, will qualify for grants, states past prior problem doing so; pending big infrastructure bill may make funds available; if set up MDWCA and get few grants, then asks risks, pros/cons; serves only as enticement for SLPPOA to set up as MDWCA.

Paul Lisko states qualifications not based on how much money in community, depends on being set up as independent MDWCA board; states there will be risks, bottom line: infrastructure needs rebuilt or expect catastrophic failure of system; acquisition of 85% grant not guaranteed, collaboration with NV5 on-staff grant writer beneficial; states these monies funneled through NM Finance Authority (NMFA) and state’s construction division; attended NMRWA conference in Albuquerque last month; NV5 there, spoke with reps from those state agencies on behalf of SLPPOA to see if qualified for funding through state; NV5 grant writer followed-up with emails, each agency stated SLPPOA doesn’t qualify unless/until set up as MDWCA; admits risk involved, limited pool of grant monies available, thinks more may become available on passage of large infra- structure bill; to qualify, SLPPOA must have shovel-ready projects, expressing best bang for buck to NMFA; identify project, identify funds, benefit vs. risk analysis; getting project funded or delayed, must be addressed on case-by-case basis.

Jack Nyhan states group to which he referred earlier knows answers to all these questions, invite them here for discussion; they can be big help.

Paul Lisko agrees with Jack Nyhan, retrieves name and phone number for contact.

Jack Nyhan states SLPPOA can’t just establish MDWCA to try and acquire funds, first need to know details of whole project and set goals to accomplish.

Paul Lisko states his contact in Santa Fe is named Michael Montoya with NM Domestic Water Bureau, wealth of information.

Suzanne Star stated Jack Nyhan made interesting point; board must establish special meetings, get people involved, give them pros/cons, alternatives, allow questions to develop educated decision on how to proceed with water system improvements; may take a few special meetings, as was done with meters; lots of work, lots of debate, gets people to understand, thinks that’s where Jack Nyhan was going; some people in SLP community don’t understand MDWCA, get membership involved to work with board, lots of communication/education needed, after which seek a vote, see if people support.

Paul Lisko states his total agreement with Suzanne Star; talking about it at this annual meeting starts that communication; agenda indicated special meeting necessary for further discussion with invitations to Mr. Montoya (DWB) or Mr. Patel (NV5) or rep from NMFA, special meetings help this process.

Jack Nyhan asks Paul Lisko to elaborate on information about Mr. Montoya.

Paul Lisko states he’s with NM Drinking Water Bureau, named Michael Montoya.

Jack Nyhan states he may be a new person; asks for his phone number.

Paul Lisko replies to Jack Nyhan in the affirmative, further elaborates that Mr. Montoya is Community Services Coordinator, stresses Paul Rightley is board member in charge, doesn’t want member-owners to go on individual tangents; if interested in participation, then asks that Paul Rightley be contacted as he is coordinator for this effort.

Josh Toennis asks if the whole reason SLPPOA is going to MDWCA is for grant money while mixing in water conservation at the same time, would it be easier for people to accept moving to MDWCA by letting them pay $30/month and still use as much water as they want for SLPPOA to be able to get grant money to fix infrastructure; then 5 to 10 years later implement water rate billing structure, can that be considered as well?

Paul Lisko replies to Josh Toennis in the negative.

Paul Rightley states different representative body involved, one dedicated to providing water to SLP; may make sense with current situation in Unit 6, water utilities unique; SLPPOA creates separate representative body with goal to provide water to members.

Paul Lisko more specifically addresses Josh Toennis’ earlier inquiry, states can’t “half- ass” things, can’t have MDWCA without water billing, rate structure must be in place.

Josh Toennis states understanding, but thinks many people are against this, may never get this passed; if need to get funding, then maybe take step in that direction.

Paul Lisko states so far nobody at this meeting has voiced any opposition to this; everyone has taken attitude of let’s wait and see.

Keith Rigney states his opposition, states barely able to make quorum for this meeting, knows of 5 people at meeting only for water discussion, they’ve left now since 4 hours in; agrees SLPPOA has water issues, needs make fixes, conserve water, thinks process suggested to do those things wrong; thinks board has failed members wanting to know charges based on usage, an unknown; questions why bring forward to members now; suggests look at national averages: 2500 gallons/person/month; current SLP cap 3440, figure 1.25 people per household, they’re held below household average to nominal rate.

Paul Lisko interrupted Keith Rigney to state uncertainty about that average of 2500 gallons/person/month; suggests look at numbers provided for local water systems, states those base rates lower.

Keith Rigney states the number of 2500 gallons per person derived, based on 151 houses in SLP, 45 below 500 gallons, 32 of those with zero balances, average includes 45 non- full-time residents, negating 45/151 houses from 3440-gallon benchmark, can’t include.

Paul Lisko disagrees with Keith Rigney, states can include as these property owners already pay $384 from annual assessments for water.

Keith Rigney concerned if SLPPOA goes to MDWCA, these residents will pay nothing.

Paul Lisko states not true, tried to explain earlier that $32/month is base rate whether resident uses zero, 20, 50 gallons, to whatever that benchmark is set, there’s a base rate.

Keith Rigney did calculations, estimated base rate from 7k to 10k gallons at one cent per gallon, from 10k to 15k figured 5 cents per gallon, above 15k gallons at 15 cents; from January to July, on top of $56k already made, SLPPOA would have made $35k more, assumes SLPPOA would then be “floating” $90k; reasons that board not move forward since things not fully thought out, no calculations on paper, no Excel spread- sheet; states can’t charge for water without knowing these things, can send calculations showing $36k made above normal from January to July with starting base rate of 7500 gallons; if start base rate of 3440 at penny per gallon, SLPPOA will triple its money; SLPPOA is non-profit, can’t do this.

Paul Lisko states Keith Rigney is throwing out this stuff without any basis in what really could happen, making assumptions on things not agreed upon by anybody.

Keith Rigney interrupts Paul Lisko to state, “Just like this whole water deal.”

Paul Lisko admits not having expertise on this, states engineers do and have set up water rate billing structures for other communities; all these concerns expressed and numbers figured out to nth degree cannot be settled here, can only be settled when engineering group sets up water rate billing structure; states what’s being offered now way off-base.

David Stuedell thinks Keith Rigney has some valid points which need to be addressed systematically, before agreeing on rate structure; consumers need realization boundaries.

Paul Lisko appreciates input, states can’t be solved here; suggests doing as Suzanne Star suggested, hold special meetings to explain billing process, knowledgeable person to answer questions Keith Rigney posed; admits again not having expertise.

Jack Nyhan states agreement with Josh Toennis on 45 houses essentially summer homes, this problem related to voting and volunteerism; absentee landowners not going to volunteer to serve on any board; states 45 houses with no usage not be included in rate calculations for full-time residents, who are ones to sell on this.

Paul Lisko states agreement with Jack Nyhan, reiterates can’t be solved here; states this another point to address establishing MDWCA, regarding 45 houses of non-residents using no water; already pay base rate, if not charging fees, then group consensus decides

Mary Moore states this shows controversy involved; brings up issue of water rights, some members sensitive to SLPPOA having purchased water rights, reviewed her past notes, determined SLPPOA has rights to 19 million gallons per year at 59.3 acre-feet of water; states some members feel owning 151th share of those total rights.

Jack Nyhan states, “Right.”

Mary Moore continues by stating figure breaks down into 10k gallons per month, states some members adamant on how much water each has right, must address; reiterates Suzanne Star, states “This is a really big lift;” agrees with effort; states people must first be educated, lots of work ahead.

Kevin Stephens states nothing more to be done now, wants to move past water issue, requests saving for special meeting, wants to get on with agenda.

Jack Nyhan states his agreement with Kevin Stephens.

Paul Lisko states still to move forward with establishing MDWCA, wants SLPPOA in position to take advantage of potential federal funds soon available; states open to input from all members to determine if this direction correct; views as best route to repair infrastructure, continue providing good water; states other meetings will address issues.

11. QUESTIONS
Paul Lisko opened the floor to members with any further questions. There were none.

12. ELECTION OF BOARD MEMBERS
a. Nominations from the Floor (can only be made if Quorum was established at the onset.)
Paul Lisko stated quorum met; asked for nominations from the floor; none were made.
b. Election of Members to three-year Terms on the Board can only occur at this Meeting given that a required Quorum and other Conditions of the Bylaws are sufficiently met.
c. Select three non-Board members in attendance willing to open ballots and count votes.
Paul Lisko states one is Sally Hunter; states Jeremy Oepping left meeting earlier, took ballots to firehouse, delivered to her; asks for two more non-board members to volunteer

Bill Stellwag replies positively to Paul Lisko’s request, volunteers to count votes.

Paul Lisko thanks Bill Stellwag; asks for one more volunteer.

Keith Rigney states only 13 participants remain, not many non-board members.

Paul Lisko identifies non-board members remaining: Mary Moore, Jack Nyhan and Suzanne Star; asks any of those three interested in volunteering.

David Stuedell compares this annual meeting to a muscular dystrophy telethon.

Paul Lisko states Jack Nyhan counted votes in past, asks if willing to do so again.

Jack Nyhan asks Paul Lisko when going to do it.

Paul Lisko tells Jack Nyhan immediately.

Jack Nyhan then states willingness to volunteer.

Paul Lisko thankful; states has three volunteers as required, entertains motion to adjourn virtual online (Zoom) portion of meeting.

13. ADJOURNMENT OF ZOOM ONLINE VIRTUAL MEETING
Jack Nyhan moves to adjourn meeting.

Ann Cooke seconds motion.

Paul Lisko informs Ann Cooke board member can’t second motion.

Bill Stellwag seconds motion.

Motion carries. This portion of meeting adjourned at 6:36 PM.

Paul Lisko thanks those still in attendance for staying; pleased with good discussions.

14. BALLOT COUNT
a. Travel to SLP firehouse. Two board members to accept in-person delivery of any ballots
Board members present: Paul Lisko, David Stuedell.
b. Ballots received at this time will be added to meet minimum quorum, if not already met.
Minimum of 48 ballots required to meet quorum; 49 valid signed envelopes received.
c. If met, three non-Board member volunteers will verify, open & count votes after 4 PM.
Ballots processed by Sally Hunter, Jack Nyhan, Bill Stellwag.
d. Count will occur outside SLP firehouse. Meeting inside prohibited due to Delta variant.
i. Mask wearing & current social distancing standards prevail, if required as precautions
e. Election results:
Paul Lisko received 84 votes;
David Stuedell received 55 votes;
Three invalid write-in votes, 2 for same unnominated candidate, one for none specified.
Three of 49 valid signed envelopes contained invalid ballots; two with only Paul Lisko’s biography, mailed earlier in error by Secretary; one assigned 3 votes to each candidate.

15. FINAL ADJOURNMENT
Paul Lisko entertains motion for final adjournment of in-person meeting for ballot count

Bill Stellwag motions to adjourn this portion of the annual meeting.

Jack Nyhan seconds motion.

Motion carries. This portion of meeting adjourned at 7:05 PM. Annual meeting closed.