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Timberlake - Ramah News
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TRnews
editors: Advisory
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REBUTTAL
TO E-MAIL " REASONS FOR NOT MAKING A DEAL WITH THE GARCIA AT THIS POINT". --Robert and Jo Garcia TRLA Board Evolution For the last two years this landowner has been a thorn in the side of the previous president of TRLA. His personal agenda, exclusion tactics, and leadership skills alienated me along with many others. I protested by not paying my assessment dues. Now we have a new President, Richard Hawkins, who is determined to regain the confidence of Timberlake landowners. He and the majority of the board of directors removed the former president from the board and another board member later resigned. This left two vacancies. The new board under the leadership of Richard Hawkins used a democratic process in filling the vacancies. They interviewed all interested candidates fairly and without prejudice. The new appointees were David Skinner and Linda Pedersen. They have also hired a very competent, communicative ranch manager who has started assessing and improving side roads that are in bad need of graveling. Now I feel this board has the right tools to move forward in a constructive way and accomplish the mission of TRLA. Therefore, I have ended my assessment fee boycott and I'm asking those landowners to follow suit and give the current board a chance. This board consists of resident landowners and nonresident landowners that drive round-trip from Tucson and Albuquerque to volunteer their time for the good of Timberlake Ranch. -Danny Montoya (Posted
12-16-05) I appreciate what Danny Montoya had to say about how the new board is
operating and I heartily agree that the two new appointees are very willing to
serve and I support them fully. (Posted 6-8-05) I read all these articles concerning our roads and no matter what happens if no one stabilizes the road from the highway to our main gate what good does any of it do if you cant get into Timberlake. My husband and I took a trip in March of this year when it had rain heavily then turned into snow overnight. I still dont know how we got out it was very scary and we have four wheel drive. I just wish someone would concentrate on getting with the Indians or whoever owns that section of road to see what can be done to improve it instead of wasting time on widening and tearing down precious trees to widen roads that dont need widening. Timberlake is a beautiful place and if you live there then make sure you have four wheel drive and if your road needs some gravel put it there yourself if you cant wait for the association to do it. Just my opinion on why we spend so much time on issues but forget the ones that are most important. -JP Community Chat Editor, I just want to clarify some miss information or impressions that some of the landowners might have concerning the activities of the current board. The following statement was part of an article in the current trnews.info. Higher Property Taxes At Timberlake Ranch?! (Posted 4-21-05) stated in part, The board continues to exercise what they call their "executive committee" authority and making decisions that are not fostering community spirit and trust. Let me make it perfectly clear. The board members are not making any of the decisions that have been made over the past months. The executive committee and/or Pat Wallace are making the decisions. Having members on a board, with Pat Wallace as president, is null and void a complete waste of time because he does not involve any of the board members outside of the executive committee in any of the decisions being made. The decisions have a significant impact on Timberlake landowners.
At the end of Marchs meeting, I asked when our next board was going to be. I was told that we werent going to have one until the May meeting. It was stated to me, Do we need to have a meeting for everything. I said, "I guess we dont need a board since we dont have anything to discuss."
The Corporate Bylaws, Article XI, BOARD OF DIRECTORS, states in part, (Bolded for emphasis) The Directors will manage the affairs of the Corporation and may act only as a Board with each Director having one vote. The Board will take all action necessary and appropriate to comply with all obligations and duties of the Corporation as provided in the Declarations, the Regulations, the Articles and these Bylaws. The Board will keep a complete record of all corporate affairs, will present a statement of the corporate affairs to the Members at any special meeting called and held after the Venture becomes a Class A Member when requested in writing by Members representing twenty-five percent of the votes of the Members, and will supervise all officers, agents and employees of the Corporation to see that their duties are properly performed.
Obviously Executive Committee and/or Pat Wallace dont need t follow the Corporate Bylaws. The Board is supposed to manage the affairs of the Corporation not the Executive Committee and/or Pat Wallace. I will guarantee that if you ask the executive committee /and/or Pat Wallace if they have a copy of the complete record of all corporate affairs that they transacted since they took office, you will not be provided one because they dont exist.
After Marchs meeting I waited to see if I would be contacted on any business that needed to be conducted by the Board. I was not contacted except to be asked by Howard if I wanted my name put on the ballet, and I indicated, why the board is not making any decisions, and I didnt want my name on the ballet. Since that conversation Ive resigned from the board.
I wish I had some suggestions to help fix the situation. I guess as landowners, we could ask for copies of all the transaction that have taken place since Mr. Wallace took office.
Another concerned landowner.
Jerry Ackerman gerryack@aol.com Higher Property Taxes At Timberlake Ranch?! (Posted 4-21-05) We did not attend the March 5th TRLA monthly meeting but were disappointed (again) upon reading the transcript taken from a recording of the meeting. The board continues to exercise what they call their "executive committee" authority and making decisions that are not fostering community spirit and trust. At the end of February 2005 there were 2 vacancies on the board. The board headed by president Pat Wallace pulled the plug again for a fair election at the upcoming annual meeting when we hoped to be able to vote on candidates to fill 4 positions. This proxy elected board reappointed their appointed board members to a longer term leaving only 2 one year terms to be filled at the annual meeting. What this means is that the current board is stacked with president Pat Wallace's appointees closing the door again for a fair election thus silencing the voices of those landowners who have a different vision for TRLA. It doesn't take a rocket scientist to realize that whoever is elected to fill the 2 one year positions will have to verbally agree with Pat Wallace's agenda and priorities or face the same frustration and alienation as 2 previous board members did and consequently resigned. This board continues to harp on current problems being associated solely as the fault of previous TRLA boards reflecting their entrenched animosity towards them. It is inherent that all boards will inherit problems just as there is always old business in meetings. We all agree the CC&Rs need to be revised. As to what degree hinges on how and when the current court cases are settled. My quandary lies in their "new business priorities". All I keep hearing is the only possible solution for the survival of TRLA is to split it into multiple associations with an umbrella TRLA. Why do I not hear "what do we need to change to keep one association and plug the loopholes in the CC&Rs?" Can't one of all these lawyers be directed to give the board an answer?! This board purchased a new computer along with leasing a Xerox machine to promote monthly communication with the landowners and terminated what they considered a costly Timberlake Times along with the TRLA website maintenance. Has anyone noticed a significant increase in the monthly communication from the board or timely updating on their website (www.trla.net) to justify this expenditure? TRLA owns a dump truck that was purchased by the previous board. Their ranch foreman used this truck extensively. The previous board bought three different sizes of gravel and stock piled it at the ranch house to use for potholes and problematic muddy road areas. The truck was also used to move culverts for installation at landowner's lots, hauling brush trimmings from roadsides and other productive chores that served the landowners well. The current board has not even moved this truck since they took over. They continue to speak negatively about why it was acquired by a previous board and Pat Wallace places a higher priority on the $300-$400 yearly liability insurance than it's potential usefulness. The roads in Timberlake Ranch have showed improvement in the last 8 years. The current board continues to give themselves credit for all road improvements. The fact is there was more gravel placed on back roads by previous boards than by this current board. The previous board (with the help of landowner's letters to county officials) started a dialog with McKinley and Cibola County that lead to Timberlake Road improvements funded by those counties. I am perplexed as to the rationalization of the board in placing 40 tons of gravel on the lakeside boat launching area which is probably 6' underwater by now. This board has recently graveled parts of Black Bear, Pinion and Lobo roads with base coarse gravel (½"-1"). This type of gravel will not establish a firm gravel base needed to prevent muddy and slick conditions during wet weather. The previous board graveled parts of Black Bear Road with 2" gravel in 2002. This grade of gravel has established a firm base and continues to make the road passable during adverse conditions three years later. The current board needs to bury the axe and consult with the previous boards on such topics as road maintenance. This kind of communication will foster community reconstruction. According to Pat Wallace the county should have never approved the Timberlake development because the roads do not comply with the New Mexico Subdivision Act and when a Public Improvement District (Class C Standard roads) is established he proposes to lower our assessment fees from $130.00 per year to $25.00. This supposedly is just enough to pay for the property taxes and maintenance of the common areas. Where will McKinley and Cibolo counties get $,$$$,$$$.00 to pay for these road improvements? The counties will contract these jobs out and depend on bond issues and special assessments to finance them. Eventually the cost will trickle down on all TRLA landowners, non-members, Box S residents and those people using Forest Road 157. Our TRLA assessment fees may decrease but our property taxes will dramatically increase according to acreage. We paid $109.84 property taxes for a 5-acre parcel of vacant land in 2004. Our 2005 Notice Of Value from the McKinley County Assessors on this lot including our new home is a good example of a substantial increase in property taxes and that is without a Public Improvement District. Only 7% of rural residents in McKinley County live on taxable land. If this board has its way, you will be paying the kind of property taxes that residents of big cities are paying or higher. Do we really want to lose our quaint rural atmosphere by increasing the width of our back roads from approximately 22' to 34' thoroughfares? This is what a Public Improvement District is all about. Can you image the deforestation if this were to happen? Won't this also increase speeding problems, dust pollution and accessibility to secluded areas thereby increasing the potential for criminal activity? Once a Pubic Improvement District is established McKinley and Cibola counties will maintain Timberlake Road and all side roads at a cost of $195.00/mile/year. We bought base coarse gravel last summer for $11.00 a ton for our driveway. Current price for base coarse gravel is $13.35/ton, 1" clean fine gravel is $14.50/ton and 1½"-2" leach rock is $14.00/ton. One truckload carried 20 tons costing us about $220.00 and that didn't even cover a tenth of a mile. Howard Williams, board secretary-treasurer, claims there are approximately 26.5 miles of roads in Timberlake Ranch. What this means is that McKinley and Cibola counties will spend $5,167.50 ($195 X 26.5 miles) on road maintenance per year. How many times will they grade and gravel Timberlake Road and each back road for that price? The board lead by the president Pat Wallace has no intention of giving up their authority for the next two years. They will continue to lead with a myopic approach to solutions. Silence only validates this proxy self-appointed board. The future of Timberlake Ranch rests in the hands and on the shoulders of all landowners. My wife and I decided we do not want to walk on the path this current board is leading TRLA and will not pay our 1st half assessment fees for 2005 nor any other fees until a new and fair election is held. When 197 landowners (almost 1/3 of the membership) fail to pay their assessment dues, this reflects their distrust and dissatisfaction of the leadership. We do not support the legitimacy of this board and are further frustrated that we were not allowed to vote and select 4 candidates at the next annual meeting this May that coincides with our vision for TRLA. As more landowners become aware of the current board's authoritarian tactics, more will refuse to pay their assessment fees and use the current CC&Rs to legally tie the hands of the board just as others have tied the hands of previous boards. This board needs a 51% vote from the landowners to approve the Public Improvement District. Without the landowner's assessment fees this board is dead in the water with no CC&Rs or by-laws to rescue them. Without one TRLA (not multiple), enforceable CC&Rs and active participating landowners there will be no more road maintenance, no more common areas, open season for single/double wide trailers, commercial businesses, multiple family units/condos on individual lots, substandard home building and no control over livestock and domestic animals. On the other side of the coin, your property taxes will continue to increase as your property values decrease. Therefore, I am asking this male dominated board to capitulate and sponsor a fair election placing themselves (ALL Current Board Members) along with other candidates on a new ballot so that all landowners are allowed the right to choose the candidates that best fits their views for the future of TRLA. Let your voice be heard and your vision for Timberlake Ranch be known! -- Danny Montoya (Posted 3-11-05) Please post the following letter on Community Chat. Let folks know it was hand-carried to all Board members at the March 5th meeting. I have not heard from any Board member as of now. -David Board
of Directors Following is the TRLA board's response to Mr. Skinner in the April newsletter: "Mr. Skinner
presented a letter to the board on his feeling of what is wrong with most everything
from the past board to the present board. We respect the information, but Mr.
Skinner needs to have all the history, laws and background before he makes the
statement that the current board needs to do a self-assessment. It seems that
Mr. Skinner wants to cover past ground on the election and other subjects. We
would like to move forward and not revisit the same old complaints over and over
again. Due to space limitations, we were unable to print his letter. Anyone wishing
to read Mr. Skinner's letter, can contact him at 505-783-4411." (1-24-05) I love this site! Hi All Thanks so much for taking the time(and money) to produce a wonderful new site. It addresses so much that was missing from the trla site. -BB (2-7-05) My wife Maya and I are very recent new owners in the Cloh Chin Toe Subdivision. We want to express our thanks for this newsletter that keeps us informed on the events of the area and provides us with important information. Please keep up the good work and accept our thanks for a job well done. -GG Annual
meeting unofficial minutes Landowner threatened (Posted 6-24-05) One of our fellow landowners recently received a note, made of cutout letters from magazines, which threatened him, his family, and his property. The note was disturbing enough that the individual is considering not building the home he had planned on his lot. We, the editors of this website, condemn this action in the strongest terms. No matter what the motivation, we cannot tolerate vigilantes in this community. We will support the sheriff, who has been notified, in any way we can, to apprehend the person who left the note, and encourage everyone else to do the same. Hutton resignation letter posted 5-4-05 20 Ash Drive - Timberlake
Dear Pat, Because of the manner in which this Board operates, I feel I cannot fulfill my fiduciary responsibilities as a member of the Board. This will serve as my official resignation from the Timberlake Board of Directors and all committees on which I serve. My reasons for resigning are as follows: -
Board officers making important decisions outside of regular Board meetings, without
thorough involvement or opportunity to vote by other memebers. I will continue to maintain a high interest in the welfare of Timberlake, its CC&Rs and common areas; but I feel that the current Board's direction and attitudes make it impossible for me to fulfill my duties in a manner that is satisfactory to me. I hope that Timberlake will survive this critical period and all parties can ultimately find mutual understanding and respect. Sincerely, Harry A. Hutton cc: TRLA Board Members The following exchange of letters between Danny Montoya and Secretary/Treasurer Howard Williams were refused by the TRLA Board for publication. Danny has asked that they now be published here. It is the policy of TRnews to post whatever landowners want to have communicated without any censorship on our part. -Roger Irwin ---------------------------------------------------------------------------- After
reading the open letter in the February 2005 TRLA News Letter, I asked myself
has the current board decided to spend the association money to justify their
legitimacy. This board has hired the law firm of Kelly, Streubel, Mortimer &
Middlebrooks to help answer questions of historical overview, options, background
and protection of common land. Does In July, two qualified women sent their requests to all board members to be considered for open board positions. During the August meeting, the president introduced two newly appointed male board members. When questioned why the women were not considered, the reason was given that they never received the requests and later that they weren't as qualified. At the August, 2004 scheduled meeting one of his supporters asked him to step down because of broken promises. In November of 2004 the vice president resigned. Could it have been because he disagreed with the president to buy 40 tons of gravel exclusively for the boat dock instead of placing the gravel on roads where is was badly needed? He was followed by another board member in charge of the road committee who was never consulted or invited to meetings in which decisions were made that pertained to his responsibilities. This current president, in my opinion, continues to reject the vision of TRLA which is to "protect and enhance the value and enjoyment of Timberlake Ranch and to foster community spirit and stewardship of the environment". I requested that my opinion to the board back in June of 2004 be printed in the Timberlake Times to show the sincerity of the newly elected directors to promote open and honest communication and to dedicate space in the Timberlake Times for Q&A from the association members. The Timberlake Times was discontinued after the new board was seated and the president and Sec./Treas. closed communication through their email. I now request again that the original messages I sent after the May 2004 annual meeting and the only response I received be published to show that I was trying to help prevent problems in the future. Please
send this through website or email group.
As a responsible and concerned member of TRLA association I would like to make some suggestions that will assure fair elections and a congenial atmosphere at the annual meeting in future. 1. Members interested in
running for the board of the directors should submit their qualifications and
personal agenda well in advance of the final printing of ballots so that each
applicant has a chance to see who there opponents are and how they might agree
and or disagree on various issues facing the association. Therefore the voting
body has a clear distinction between each candidate and can vote feeling that
they are fully informed. Also the applicants are not blindsided through backdoor
tactics and misrepresentation. The
newly elected board members have parts to their own agenda that will be detrimental
to the vision of TRLA which is to "Protect and Enhance the Value and Enjoyment
of Timberlake Ranch and to Foster Community Spirit and Stewardship of the Environment".
Part of this agenda is to immediately drop the two lawsuits the association has
pending. These two lawsuits are paid up and in their final stage. In other words,
win or lose, the association is spending no more money and common sense would
dictate that there is a)
Single a/o doublewide mobile homes and wildcat builders CC&R enforcement is the responsibility of the association board of directors who were elected by the majority vote. If the directors do not enforce the CC&Rs, they become personally liable to litigation not covered by insurance. I would like to have my opinion printed, unedited, in the Timberlake Times to show the sincerity of these newly elected directors to promote open and honest communication and to dedicate space in the Timberlake Times for Q&A from the association members. Danny
Montoya ____________________________________________________________________________ Dear Pete And Linda, How do you think that Big Business are stop in the tracks, the owner of the Stock, have the right to take over by proxies. You are MAD at us, but not mad at Barbara, for the mistakes she admited, there, when the two ither member of the board, (Men) took off and let the tow females to handled the final parts of the election. The picture of her driveway being snow-plow, when the only real Doctor on the ranch never had is plowed. When Marion Haddow, was kept out of the meeting of which she had the right to go, because she was the member of the Board. When that so-called audit, was put before the members. And the CPA, show the Board they were wrong. We are going to have a CPA in the next few Days. When Bryan Pollack (spelling?), walk in Pat Wallace, House, with out being invited, on Sunday night, to deliver, his escape letter. That was Breaking and entering. If he had done that to my house he just might be nursing a busted HEAD. The association own Lawyer, was there and we did right, There was a ex-chief justice of the New Mexico Supreme Court, a total of four lawyers. give me a break. We will talk if you want, but I hope you act, and think we done something wrong, If there was any lynching, it was the other side. this
is Tues. Morning, and I have to go to the Hosp. in Gallup, for treatment, and
be back about 1:00. Call me, if you want!! Give us a Howard I. Williams/Pahowie/Willie. Retire AF EOD _______________________________________________________________________________________________________________________ Howard,
I appreciate your quick response to my letter. This is a good example of the association
board of directors and members opening lines of communications. You may not like
the way past board members have tried to represent the association, but what has
happened in the past should be used as a learning tool by new board members for
the benefit of all landowners in Timberlake. It disturbs me to hear "other
side" used in such a negative and derogatory tone. People who unselfishly
serve and volunteer their time, energy and talents for the betterment of Timberlake
have differing points of view regarding priorities, solutions, etc., but that's
where ideas are born and problems conquered. The association board members for
2005 were elected by the majority and now have a responsibility to all members
to represent themselves professionally, bury past grievances/misunderstandings,
follow Danny Montoya
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