DMPOA and ROAD COMMITTEE MEETING MINUTES SYNOPSIS
(Unofficial & Unpproved)
Vickie Conner is our new DMPOA Legal Liaison. She will be the link between the DMPOA Board and our
Paul Conner, Vickie's husband, is our new part time mechanic. Paul will work a fluid 5 hours per week
assisting Darell Fellers and Ray Queen.
ROAD COMMITTEE MEETING – January 9, 2021
The meeting was not held as not enough members showed up to constitute a quarem.
DMPOA MONTHLY MEETING - January 9, 2021 (Unofficial Synopsis)
Board Members Present: Pres - Dale Learish, VP - Wretha Smith, Sec - Lori Edwards, Darrell Fellers, Tracii Logan, Chris Kirby and Janette Winters
Board Members Absent: Tommy Jackson, Treas - Mariel Davis, and Joe Rowe
Minutes from the November 14, 2020 meeting were read and approved as corrected.
Road Committee Report - Highlights of Dec 2021 Meeting:
Dmpoa well project – The project is close to being completed.
Wet carpet in office kitchen area and back bathroom pulled. Drain found to be non-working due to a septic problem in the community room bathroom.
B&Bs in the DMR – Status on counsel with lawyer. Vicky Conners, our Legal Liason, has not had any luck getting in touch with our attorney on this issue.
Notice of membership in Property Owners Association for new property owners – status on responsibility, the Title Companies v. the Realtors discussed).
Tracii Logan advised that Title Companies and local attorneys stated that every property purchaser out here get a copy of our By-laws and Covenants. The info no longer attached, it just tells you where to find the info (dmpoa.
Credit Card Application Status - Nothing has been done and we’re not going to re-apply.
Office Window Status - Darrell Fellers cut the hole in the wall for window and Dale Learish installed the window and did the woodwork. Great Job guys! The existing glass case was
moved from that wall to the southeast corner wall.
Community Center Bathroom Sign Status - Poster has been posted.
It was suggested that the burro killer reward flyers be removed.
One Board member asked about dogs running loose in the DMR. Our covenants strictly prohibit that. One dog has killed a baby burro and deer fawn. Other dogs, possibly blue healers, have been chasing burros and deers
If a property owner has problems with loose dogs, they need to file a complaint against the owner(s) of the dogs. The complaint forms are in the office. The Board can only take action when a formal complaint is filed.
ROAD COMMITTEE MEETING - February 13, 2021
Committee Members Present: Dale Learish, Wretha Smith, Chris Kirby & Darell Fellers
Committee Members Not Present: Steve Barr & Bill Ghormley
Water Well Update: 80% done.
Duck Pond – It’s dry enough now so where we can pull clay/fill from the duck pond.
Pump replaced in DMPOA Windmill – Now has increased the recharging time to 2,000 gallons in 12 hours (10 gallons per minute instead of 4 gallons per minute).
Next Activity - If moisture occurs in the next few days, they will work on the Ranch Road. If not, they will continue to work on and finish on Tomahawk.
DMRVFD Water Truck - There is an opportunity to buy the Tinder Water Truck from the DMRVFD. It would be a good backup water truck and would carry 500 gallons more than the current water truck. $25,000 was the bid
offered. This item will be on the agenda for the March 2021 meeting. There could be some stipulations, such as if there was a fire, the DMRVFD could have access to it and if the DMPOA decided to sell it at some point in the
future, the DMRVFD would have the first right to purchase it.
Brush Pile - The Brush pile has been pushed up as needed.
DMPOA BOARD MEETING - February 13, 2021 (Unofficial Synopsis)
Board Members Present: Dale Learish, Wretha Smith, Darell Fellers, Chris Kirby, Janette Winters & Tracii Logan
Board Members Not Present: Joe Rowe. Tommy Jackson, Mariel Davis & Lorie Edwards
December minutes read and corrected.
Treasurer’s Report: (Given by Dale Learish) Money
Market Acct Balance: $147,753.13
Road Committee Report: See Road Committee Meeting above.
Office Manager Position: Una’s Proposal – a shared job where we would have 2 office managers. Una would be gone during 3-4 months during the fall season but would stay on if she could get a shared job. The only
application received is Deb Lagarde who would agree to be a part time employee. Una estimated one month might be a good estimate that it would take to train Deb. Deb has been Office Manager before but there are new
procedures that she would have to learn. Since the Board already voted and approved to accept Una’s resignation at a previous meeting, the Board will have to rescind Una’s resignation and continue her as a Job-Share
Employee at the March Meeting. The Board did approve to hire Deb as a Job-Share Employee at today’s meeting.
Dump Truck Pay-Off - We borrowed the money from our Money Market Account and have been repaying our Money Market Account, $750.00 per month or $9,000.00 per year. $6,372.75 is the current balance. The question
was if we should we keep making payments (no interest involved) or pay it off). If left as is, the dump truck would be paid off approximately this time next year. A motion was made and passed to pay off the dump truck out of
Miscellaneous and Un-Budgeted line item. It will now go back to the Budget Committee to make recommendations to the Board as to where in the budget the money will come out of.
DMPOA Attorney – Last month a motion was made and passed to fire our current attorney, Mr. Jepson. There was also a motion to have a special meeting but that was not held. Dale Learish sent Mr. Jepson a letter to that
effect, certified mail on February 12, 2021. A motion was made and approved to contact Attorney Gregory S. Cagle and see if the info he provided last August was still good. We have 10 old properties to foreclose on. Dale
Learish will contact Mr. Cagle by e-mail this afternoon.
B&B’s in the DMR – As we currently have no legal counsel, this item was temporarily tabled.
Credit Card Application – The Board voted to pull this item and stop putting it on the agenda.
Next month Dale Learish will have to appoint a Nominating Committee for the 2021 Annual Meeting: 3 people with at least 2 Board members. This will be on next month’s agenda.
Board member and Secretary Lori Edwards has resigned and her position needs to be filled. DMR resident Mike Seley expressed interest in the position on the Board. Lori started on the Board in July 2020 so there is appx 1
year and 4 months left in her in her term.
Tracii Logan has offered to step in for Lori Edwards as Secretary on a temporary basis.
|For Official / Approved minutes, go to the official DMPOA Web Site: DMPOA.net
| March 13, 2021 Road Committee Meeting (Unoffical / Unapproved Synopsis)
Committee Members Present: Dale Learish, Steve Barr, Chris Kirby & Wretha Smith
- Shanks and rippers are being ordered for the maintainer to get the rocks out and scrap the ripples and washboards out of the man road.
- The large duck pond has been cleaned out and is ready for any rain. It’s been 1 ½ years since we have had enough rain to fill in the duck pond.
- The brush pile has been pushed up as needed.
- The Road Crew is currently working up on High Lonesome. The rock crusher has come in handy up there. The switchbacks are going to be worked and the angles on the 3rd one. Parts of Saddlebag have
been worked. A pine tree that prevents some vehicles from making the turn in the first switchback and some junipers may be removed. All the trees are in the right-of-way so Board approval is not necessary.
The tree removal will help maneuvering the switchbacks by the fire trucks, maintainers and regular traffic. It will also help with visibility around the switchbacks.
- Both new tanks are ready at the Community Well site. The trench will need to be filled in. The old leaking community water tank will be removed.
- The well house roof is in progress.
- Paul Conner fixed the dump truck that kept stalling on the road crew.
- $25,000 is needed if the DMPOA decides to buy the 1996 Tinder truck (water) by the dmrvfd. The dmrvfd purchased it 9 years ago and it only has been driven appx 2,000 miles. It holds 2,500 gallons of water. A
question came up about during a fire, if the dmrvfd needed to borrow the water truck/tinder, who would pay the insurance if there was a problem. That matter will need to be addressed. Darell Fellers has
checked out the truck out and found no major problems with it. The current water truck would allow us extra water capacity for working the roads. Currently, the duck pond is dry so the water truck gets water from
the dip tank at the Community Center. On the maintainer, the road crew usually has to wait appx 1 hour or more for the current water truck to refill and get back to where Darell is working. The truck could also be
used to help when the brush pile is burned. Last month the Board approved to pay off the dump truck. If we take out $25,000 from our money market account that will be paid back in monthly installments.
Hoses, pumps, light bar, the T71 number on it’s roof and other equipment would be left on the truck in case it was used for fires.
- If we rent a ride-on roller for a couple of weeks, it might help for the ranch road.
- It’s been a long time since the maintainer has been fully repaired and it’s coming due. The dozer may also need some work.
March 13, 2021 DMPOA MEETING (Non-Official / Synopsis)
Board Members Present: Dale Learish, Wretha Smith, Tracii Logan, Darell Fellers, Mariel Davis, Janette Winters, Joe Rowe, Chris Kirby,
Board Members not present: Tommy Jackson
Minutes from the February 13, 2021, meeting were read and approved as amended.
Treasurer’s Report: Monies moved from Major Equipment purchases and Equipment Repairs to allow for repayment of the dump truck and for the purchase of road materials. We still have the bottom line balance,
numbers were just moved around.
Mariel Davis suggested that because we do not have an attorney, there is no more work to be done on cases pending and new cases. She suggested that the Resolution Committee be closed out. All the amounts
would need to be updated, interest and assessments added. A discussion was held. The question was broached as to why we would do away with the Resolution Committee. If we do get another attorney, we would
put all the pieces back together to resubmit the information to the new attorney. It was decided there would be no benefit to dissolve the Resolution Committee at this time.
Road Committee Report: (Darell Fellers reporting): See Road Committee Meeting above.
- Water Truck Purchase: See above Road Committee Meeting notes above.
- Paul Conner noted that the volunteer labor force that used to exist in the DMR no longer exists. It was noted that the more equipment we have, the more personnel we need. This is a matter that will need to be
- Mariel Davis advised that this last year, we have increased 25% more people living in the DMR. Furthermore, the dry weather and the fact that there are more people speeding which tears up the roads. The
roads are getting harder and harder to drive. Plus, the road crew needs extra help. They have so many more responsibilities rather than just working the roads, such as making a well house roof , plumbing at
the office and Community Center.
- Joe Rowe suggested that the DMPOA should hire people to do jobs like the well house roof, etc, and take the work load off the Road Crew so that they can work the roads. He also asked why we need so much
equipment, noting especially the two water trucks.
- Steve Barr stated that while water is vital at times, when a second water truck could be needed, there will come a time when the rain will come again.
- The High Meadow tank would be used to help refill two water trucks back to back. It would be needed to help this dip tank. If the dip tank didn't fill up quickly enough, they could go to High or Low Meadow.
- If he had to choose something needed for equipment, Darell stated that a roller would be a good addition. The maintainer is 30 years old and needs rebuilding every 10 years. Trying to find a replacement
maintainer is difficult. Darell would prefer to train someone to drive the maintainer, rock crusher and dozer before we got a second maintainer. While a maintainer is down, sometimes for several months, we
have a problem.
- A motion was made pending a cost analysis, aside from the purchase of the vehicle, with a firm recommendation from the Road Committee with includes cost to maintain, etc. The motion passed. Darell
Fellers and the Road Committee will present their findings to the Board next month. A motion was made and passed that a decision be made, yes or no, to buy the truck next month.
Appointment of Nominating Committee: The Nominating Committee was voted on and approved: Tracii Logan, Wretha Smith and Janette Winters are our Nominating Committee for this year's Annual Meeting in June.
Assessment Increase: In 2008 the last assessment increase occurred at the Annual Meeting. It wasn’t on the ballot but was done legally. It was suggested that if an assessment increase in requested, the property
owners should be notified about it prior to the annual meeting. It was decided that a $2.00 increase per month per lot in assessments be on the ballots and proxies for the upcoming June election. The would be
$24.00 per year per lot. The motion was made and approved.
Cash Payment for Assessments: - Joe Rowe had heard that the DMPOA would no longer accept cash payments for assessments. Apparently no one made the decision not to accept cash. Una said she could not
cover the cash. The old way was that cash would be accepted and then the Office Manager would write a personal check for the payment. Chris Kirby asked if there was someone that was willing to take the money to
the bank in Marfa. Mariel asked if we could designate an officer to run the cash money in Marfa. Joe Rowe and Wretha Smith both volunteered to periodically take the cash to the Marfa bank as needed. It was finally
clarified, that cash would be accepted. The cash, if Una can’t cover it with a check, would be placed in the safe until someone could take it to the bank in Marfa for deposit.
Office Manager Position: Una said she had changed her mind about resigning from her job after the June meeting. Since no one has stepped up to take the job, Una offered Deb LaGarde to work the job as a co-office
manager that would substitute for Una for several months at a time for whenever Una was not available. This could not be voted on last month, to rescind Una’s resignation, as there was not a quarem without Dale’s
vote. Joe made a motion to accept Una’s withdrawal of her resignation. The motion passed and Una’s resignation was withdrawn. Una stated that if someone comes along wanting the job full time, that she would
Open Board Member Position: There is currently an open position on the Board. Dale asked Paul Conner if he would was interested in the position. Other people have asked bit no one would step up. A motion was
made and passed to approved Paul as a DMPOA Board Member to replace Lori Edwards, who had resigned. It was noted that if Paul is elected Fire Chief in June, that he could still be on the DMPOA Board and the
Fire Chief is not necessarily on the DMRVFD Board. Paul was approved. And welcomed as a new Board member.
Legal Representation: Dale Learish reached out to a new attorney, Mr. Cagle, to replace our former attorney Jepson. The black book Homeowner Law was written by Mr. Cagle. His fee schedule is higher than what we
were quoted by the previous attorney. $240 - $450 per hour was mentioned and he deals in quarter hour increments. One thing is that we don’t have pay for him to conduct research as he and his assistants already
know the answers. Plus, he does not require a retainer. There are probably a lot of legal issues that we can handle on our own.
Joe Rowe asked that the Legal Liaison research and present to the Board how much we have paid for legal services and what we got in return. That would include any work done by previous Attorneys Steele and
James Jepson. Joe Rowe has basically said that we need to decide what we want to find out from an attorney. Tracii Logan argued that we have been very clear with two previous attorneys what we wanted the attorney
to do. Paul Conner made the motion that we hire Attorney Cagle’s firm to represent the DMPOA in all legal matters. The motion was approved and passed by the Board.
- Bed and Breakfast issue was addressed last month in the DMR but as we did not have an attorney, it was not discussed. Joe suggested we talk with our new lawyer about it.
- Approximately $3,500 was raised for Kendrick Smith’s benefit. Another benefit will be done after Easter.