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TRnews editors:
Roger Irwin
Tim Amsden
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Advisory Board
Ghengis & Sylvia Kahn
Alfred E. Neuman

TRLA SETTLES WITH GARCIA/SALAZ

On October 5, 2006, the Association, Robert and Jo Garcia, and Viola Salaz, Robert’s sister, signed a settlement agreement ending litigation that began December 2001 over the placement of Ms Salaz’s manufactured home on the Garcia’s lot. The agreement eliminates the pending trial before District Court Judge Foutz as directed by the December 2005 New Mexico Appeals Court decision.

In the agreement, Garcia/Salaz agreed to: (1) remove Ms Salaz’s manufactured home and its associated structures (deck, deck roof, cement block wall, etc.) from the Garcia lot and Timberlake Ranch before May 31, 2007; (2) acknowledge that the Timberlake Covenants, Conditions and Restrictions (CC&Rs) apply to their property; (3) not build another dwelling unit (an apartment, a condominium or a guest house) unless the CC&Rs are rewritten to specifically allow such a structure(s); and (4) comply with TRLA bylaws, CC&Rs and New Mexico Construction Industries Department requirements if they choose to build some other type of structure in the future.

Ms Salaz’s manufactured home was removed from Timberlake Ranch on Wednesday, October 11, 2006. This verified by the Board on Thursday, October 12, 2006.

In return, the Association agreed to help off-set the costs of moving Ms Salaz’s manufactured home by placing $8,000 into an escrow account that will be released to Ms Salaz once her home was moved from Timberlake Ranch and verified by TRLA. These funds will be available to Ms Salaz on Monday, October 16, 2006 in accordance with the agreement.

The Board weighed a number of factors in making the decision to settle with the Garcias and Ms Salaz. First was the cost of moving forward with an evidentiary trial. Our legal counsel, John Hays of Cassutt, Hays and Friedman, estimated this to be as high as $35,000. Second, Mr. Hays was concerned about the Association’s chances of prevailing before Judge Foutz. He ruled against TRLA originally in a summary judgment that the Association appealed. Third, if the Association lost this new trial, the legality of all versions of the current CC&Rs would be brought into question. Finally, the Association’s option to appeal an adverse ruling a second time would be severely limited.

In short, the Association successfully defended the current CC&Rs in this out of court settlement without risking losing it all in another trial.

     (Posted 2-22-06) GRANTS - More than 100 people attended a Cibola County Commission meeting Monday night, many of them waving colorful red-and-white signs reading, “Stop the asphalt plant.”

     The meeting was moved from its usual home in the commission meeting room to the large central room in the county complex to accommodate the overflow crowd.

     The protestors, most of them from the El Morro-Ramah area, oppose the proposed hot asphalt plant planned by C&E Concrete of Milan to be built on company property near the gravel pit adjacent to El Morro National Monument.
     
     Before opening the meeting to statements on both sides of the issue, commission chairman Bennie Cohoe said that commission members had received large numbers of letters and phone calls on the subject.

     “Most constituents learned about the proposed plant through media coverage and have contacted us, but ultimately the state makes the decision on the permit,” Cohoe said. “We know that many people have moved here from other states because of our clean environment and we must always bear that in mind.”

     The coalition speaks Layton Cougar of Wild Spirit Wolf Sanctuary in Candy Kitchen served as spokesman for the group, which calls itself the Ancient Way Preservation Coalition. He said the coalition represents the communities of El Morro Ranches, La Jara, Paxton Springs, Timberlake, Oso Ridge, Candy Kitchen, El Malpais, Ramah, Ice Caves, Bonita Acres, Clo Chin Toh, Sunset Village, Pine Hill, Pescada, Nutria and Zuni Pueblo.

     Cougar’s presentation centered on five central areas of concern for residents: economic issues, property values, safety concerns, health risks and environmental issues.

     In regard to economic impact, Cougar asserted that tourism is the backbone of the economy in that part of the county. “Highway 53 has been designated as part of the Native American Heritage Trail and is New Mexico’s newest Scenic Byway, cited in Frommers Travel Guide as one of the top 10 destinations on earth. El Malpais National Monument receives up to 90,000 visitors each year, while El Morro National Monument and the Ice Caves draw 80,000 and 65,000 visitors respectively.

     “These attractions also bring tourist dollars to other parts of the county and we believe that the asphalt plant will negatively impact visitor numbers because of increased truck traffic and degradation of the environment and the national monuments through increased pollution.”

     Cougar also claimed that damage already caused to Highway 53 by C&E gravel trucks would be increased by the additional hot asphalt trucks and would cost the taxpayers of Cibola County additional road repair expenditures.

     Cougar stated that property values have fallen by as much as 56 percent in areas near asphalt plants, according to some studies. “The proposed asphalt plant will negatively impact property values and reduce property tax revenue and discourage prospective environmentally conscious businesses from establishing in areas serviced by Highway 53.”

     Cougar stressed that safety is a high priority for the protestors. NM 53 is a narrow, two-lane road without shoulders in many locations. “In 2004 there were 247 reported accidents involving big rigs on rural roads in our district and C&E drivers frequently exceed posted speed limits, pass on curves and tailgate,” he reported. “We also worry about our school children, who often wait in the dark for their school buses on Hwy. 53. School bus drivers have reported numerous instances of reckless driving and unsafe passing by C&E gravel trucks.”

     The spokesman added that school officials in Ramah are concerned about C&E gravel trucks speeding in school zones and that bicyclists, Native American ceremonial runners and wildlife are endangered by the trucks. “We have limited EMS [Emergency Medical Service] services along Hwy. 53 and increased accidents will strain these services even further,” he said.

     Cougar cited studies showing increased health risks associated with the emission of TSP, nitrogen oxide, sulfur dioxide and carbon dioxide, all of which could be released by the plant at a rate of 500 tons a year. “Recent health surveys found that 45 percent of residents living within a half-mile of asphalt plants suffer from a deterioration in their health and there are accelerated death rates for those 65 and older with pre-existing heart and lung conditions,” he said.

     The coalition believes that the asphalt plant will negatively impact air quality, water quality and historic artifacts through the creation of acid rain. “The increase of toxic airborne pollutants will eventually affect the water quality of the San Andres-Glorieta aquifer which serves the area. Water usage will increase as the production of gravel for the proposed asphalt plant increases,
thereby decreasing the drought-depleted aquifer while adding to its degradation by pollutants,” Cougar asserted.

     “The emissions from asphalt plants are known contributors to acid rain, which will accelerate the deterioration of Native American ruins, artifacts, petroglyphs and our historic monuments,” he added.

     Cougar requested that the commission adopt a resolution opposing the proposed plant in accordance with the Cibola County Plan (section A) and communicate the resolution to the New Mexico Environment Department’s Air Quality Bureau.

     The coalition also requested that the commission recognize NM 53 as a unique and invaluable economic and historical resource for Cibola County and the State of New Mexico, and communicate that recognition to Governor Richardson.

     Coalition members gave county officials a number of documents, including a letter from Dr. Ann Heath, medical director of the three medical emergency services in the area, expressing health concerns over the effects of the proposed plant on the local population.

C&E comments:

     C&E Concrete owner Walter Meech also addressed the commission. He pointed out that he had been operating in the El Morro area since 1985 and that there used to be 10 asphalt plants along NM 53. “These plants were much larger than what we are proposing and I’ve never
heard of any health problems resulting from them,” he said.

     “We think we’ll see some rise in gross receipts taxes and new jobs for three or four people. We’ve operated the gravel pit since the 1960s and many people who have lived here all their lives support our planned asphalt plant,” Meech added. He also pointed out that the Environmental Protection Agency has de-listed some asphalt components as hazardous materials.

     The Cibola County Commission took no action on the issue at Monday night’s meeting.

     The Ancient Way Preservation Coalition can be reached at www.saveourhwy53.blogspot.com.

     Walter Meech can be reached at C&E Concrete, Inc., telephone 287-2944.

     Citizens may contact county commissioners at 515 High St., Grants, NM 87020, telephone 285-2510 or 287-9431.

     At the state level, residents wishing to comment on the proposed asphalt plant can contact Longying Dong of the NM Environmental Dept Air Quality Bureau, 2048 Galisteo St., Santa Fe, N.M. 87505 or the Office of the Governor, 490 Old Santa Fe Trail, Room 400, Santa Fe, N.M. 87501, telephone (505) 476-2200. Refer to permit number 3324. The comment period will end on March 1, 2006.

By Diane Fowler

    (Posted 6-2-06) The highest number of ballots cast in TRLA history were cast at the recent annual meeting. Total votes were 337 of the 743 ballots representing 45% of landowners. Unfortunately it wasn't all good news since 77 votes were disqualified for lack of dues payments. The election was conducted properly and efficiently, from the soliciting of candidates, to mailing out the ballots, to the final counting of votes. Now we have a majority of the Board of Directors properly elected by the landowners at large: a positive turning point in the life of TRLA. All of the candidates were very qualified and we thank them for their willingness to serve their neighbors.

Vote tallies:
Linda Pederson..........223
Ted Rodda.................201
Duane Barbano...........180
Anne Lowden-Gilpin...157
Jerry Toellner..............128

ASPHALT PLANT THREATENS AREA
    (Posted 2-7-06)  C&E Concrete had applied for a permit from the New Mexico Environment Department to build a Hot Mix Asphalt Plant at the gravel pit east of Ramah on Highway 53.
The permit would allow C&E to operate the plant from 6 a.m. to midnight, 365 days a year. The plant would emit approximately 1.5 tons of pollutants and noxious chemicals each day. Up to 126 large trucks would enter and leave the site every day as well.
     The plant would be a source of smoke, air pollution, noxious odors, and ugliness immediately adjacent to scenic highway 53, designated by the State as a scenic byway titled the Native Heritage Trail.
     It would be perhaps the most offensive scar on the beauty of an area that, because of its long history and natural beauty, is growing in population and tourism. It would greatly increase the dangers on the road because of the greatly increased number of large trucks.
     Concerned citizens are encouraged to write the New Mexico Environment Department with comments on and opposition to issuance of the permit.
     The county should hear from its citizens as well. Cibola County has a plan for controlled growth, which this facility would violate. A number of people who oppose the plant will express their views at the Cibola County Commissioner meeting at the Cibola County Court House, which begins at 5 PM on Monday, February 13. All are welcome to attend.
     For more information see the fact sheet at this link. If you are concerned about the establishment of the C and E asphalt plant, the people listed at this link need to hear from you.

Group organizes to oppose plant
     (Posted 2-15-06) A group named "Ancient Way Preservation Coalition" made up of residents and business people all along New Mexico’s Scenic Byway Hwy 53 has organized to oppose the building of the asphalt plant (see story above). Their stated intent is to preserve the beauty of our landscape and maintain a healthy environment for all that live and visit our area. They have organized a Blog site at http://www.saveourhwy53.blogspot.com

Ramah, New Mexico
     The diverse culture and history surrounded by open prairies and pink buttes is why we have selected Ramah, New Mexico as an up and coming destination. The city itself is rich with Mormon history, although the mix of ancestral roots from Spanish settlers to Texas bean farmers can be seen. Bordered by the Zuni and Ramah Navajo Reservations, the intense pride for their heritage seems to radiate everywhere. The El Morro National Monument is a centuries old collection of messages inscribed on a sandstone rock by Native Americans, Spaniards and other travelers.
     A Must: The Ramah Farmers Market, where locals bring lettuce, spinach, beets, onions and carrots sits on tables and in bins amid the honey-like scent of flowers happens every weekend. Stop to enjoy a hazelnut cookie or raspberry tarts. Love guitar music lilts out across irrigated fields where horses and cattle graze.
     Well, you must be thinking, “I know the author of this piece must be telling the truth — he is, after all, an attorney — but I just don’t believe it.” Tut tut, Virginia, go here to see it in published form: http://www.nbc6.net/money/4977660/detail.html
     We all have questions. When, for instance, did Pauline Frommer, creator of the list, visit Ramah? Why do they refer to our unincorporated village as a city? Who is the raspberry tart? Most puzzling, though, is where in Ramah can we see the ancestral roots of Texas bean farmers (someone said they are visible in a crack in the pavement on Bond Street, but that has been debunked as an urban legend).
     Finally, of course, you may wonder how to deal with it all. Here are some suggestions:
     If you see a guy in Bermuda shorts and black socks stumbling through your garden with a camera, he’s probably not a terrorist but a harmless tourist (notice, however, that the two words are frighteningly similar). Don’t shoot him — sell him something.
     Hang on to your land. You will be able to sell it in a few years for enough dinero to move to a really nice duplex in Gary, Indiana.
     When your obnoxious cousin from Tallahassee asks how things are in the middle of nowhere, tell him “Ramah is one of the top worldwide destinations. How’s the traffic in Tallahassee?”
--Tim Amsden

JULY COURT OF APPEALS RULED
     (Posted 12-2-05) In July, 2005, the New Mexico Court of Appeals, after consideration by all three judges on the panel, affirmed the legal existence of TRLA, it's right to enforce the CC and R's, and collect dues.

McKinley taxes - are they correct?
     (Posted 4-21-05) If you live in McKinley County you may have recently seen your taxes increase. Several Timberlake landowners have gone to the County Assessor and obtained reductions. How did they do it? How are your taxes determined? See article on Newspage 3.

Timberlake Community Center vandalized
     (Posted 12-2-05) Wednesday, Dec. 1, 2005: Bubba Ozzee, TRLA Ranch Manager, discovered his office at the Lower Ranch House was broken into sometime between Tuesday, November 29 and Thursday morning December 1. A small electric heater used to help keep the water line that provides water to the external faucet for year-round landowner use was taken and heat tapes disconnected. The valve on the water line to the Ranch House kitchen was found to have been opened, damaging the line due to freezing temperatures. The valve to this line had been previously shut off and the line drained for the winter. Entrance into the office was made by cutting the padlock off the door. It appears as if nothing else was stolen. It is unknown if any additional damage was done at this time. A police report was filled with the McKinley County Sheriff's Department.
     This is the fourth time this year the Lower Ranch House has been vandalized and the third time it has been broken into. Security has been increased following each break-in, including additional locks. Security systems are now being investigated by the Board include security cameras, additional lighting and automatic police notification.
     If anyone has any information about this incident or the others occurring earlier this year, please contact any Board member. The Board will prosecute all those responsible and maintains a reward fund for individuals providing information that will lead to a conviction.

Old School Gallery Recipes
     (Posted 11-7-05) Old School Gallery Recipes, published by the El Morro Arts Council (EMAAC), isn’t just another cookbook. It is also a slice of the art and history of one of the most beautiful and exotic places in New Mexico.
     EMAAC is housed in the Old School Gallery, which sits beside scenic Highway 53 in the northeast part of the State, amid sandstone bluffs and fragrant sage. People from the Ramah area, the Zuni and Navajo reservations, and as far away as Grants and Gallup, regularly come together there for art, poetry, theater, dance, music, and fun.
     The book is full of their favorite recipes, some fancy and some simple, but it also contains beautiful local art, poetry, home remedies, reflections from Lucia Amsden’s Heartlines, and snippets of traditional life. In addition to recipes for easy meals and fancy parties, Paul Merrill from Ramah tells how to make Indian fry bread, David Candelaria from the Ice Caves describes cooking shepherd’s beans over a campfire, and Barbara Vogt Mallery tells how her mother made and used pine tar salve (excerpted from her book, Bailing Wire and Gamuza, published by New Mexico Magazine). And yes, that is a picture of Jill Acheson on the cover.
     The recipes and home remedies are as surprising and delightful as the glimpses of the place they come from, wild ancient country, filled with magic and light. Order online at www.elmorroarts.org, or by phone at (505) 783-4710

TRLA WINS APPEAL IN ALLEN CASE
     (Posted 7-4-05) In January 2002, the Allens filed a lawsuit against TRLA to stop the association from collecting dues, and to remove the lien TRLA had filed on the Allen property for failure to pay dues. A trial was held in December 2002 and the District Court subsequently ruled for the Allens against TRLA, finding that TRLA was a voluntary association, and therefore the Allens, who chose not to be members, were not required to pay dues.
     TRLA appealed the District Court decision to the New Mexico Court of Appeals, and on June 28, 2005, the Court of Appeals filed their decision, reversing the District Court and finding for TRLA on all issues.
     The court found that the Declarations (we know them as the CC&R’s), provide for establishment of a homeowners association, and authorizes that association to enforce “…all restrictions, conditions, covenants, reservations, liens, and charges.” They also opined that because of the CC&R’s, TRLA has a right to “…place a lien on the lot of an owner who does not pay assessments, or refuses to abide by the Declaration’s restrictions, conditions, covenants, and reservations.”
     Further, they found that the authority of TRLA flows from the covenants themselves, and that actual notice to buyers of the requirements contained in the CC&R’s is not necessary, but will be assumed under the law.
     This is a very important win for TRLA, and for all of us who believe that the existence of one master association with authority to maintain common areas, enforce CC&R’s, and collect dues to carry out those purposes, is fundamental to maintaining the beauty and value of this wonderful place.
     We have one additional appeal outstanding, in the Garcia case, where a decision is expected very soon.

 The "flipside" of graffiti
      (Posted 8-29-05) As if contending with words defacing our public buildings were not enough, we now have to contend with someone stealing words! The rather expensive iron artwork at the entrance to the ranch has been vandalized by someone who removed the words "Timberlake Ranch." This must have required the use of a hacksaw and some effort. We assume that our board filed a report with the Cibola County Sheriff. Hopefully, our TRLA board can soon give us a report on repairing the damage and progress on finding the culprit.

Complaint rejected by AG
     (Posted 2-13-05)- October 29, 2004, a group of seventy landowners took the unusual step to file an official complaint with the New Mexico Attorney General against the current TRLA Board of Directors. The complaint was later joined by an additional thirty landowners who individually wrote to the AG. For a copy of the letter see below
     Recently, in a letter dated Jan. 27, 2005, Assistant Attorney General Martha A. Daly, declined to involve the office of the AG on the basis that TRLA was a private non-profit organization. Her letter stated, "As is true for any private individual or organization, our office is unable to provide legal advice to or otherwise represent you." The AG office did not address any of the particulars of the complaint one way or another. It is unclear, at this time, whether or not thegroup of landowners will appeal that decision.

October 29. 2004

Dear Attorney General Madrid:

We are writing to you as deeply concerned members of the Timberlake Ranch Landowners Association (TRLA) located near the town of Ramah. We urgently need your help to stop what we perceive to be the gross mismanagement of our landowners organization by the current board of directors. We are taking this action in light of recent events and in fear of irreparable harm being done to our organization and our community.

Timberlake Ranch is a growing community of approximately 4500 acres, divided into 743 lots of at least 5 acres each, and over twelve hundred acres of common areas. The TRLA board oversees four sets of Covenants, Conditions and Restrictions (CC&Rs), the collection of annual dues, and employs a variety of people to manage and maintain a community center and the common areas, including our roads and equipment to maintain them.

At the TRLA annual meeting on May 29th of this year, a group of three individuals used over 160 proxy votes they selectively solicited before the meeting to place themselves on the board. Their election violated the methodology prescribed in the TRLA Bylaws for electing directors. There are also questions about the eligibility of two board members to serve as directors. The remainder of the seven-person board resigned in protest, leaving these three men and four others they subsequently appointed to the board to run the ranch.

The questionable election of these three individuals and actions of this board are at the root of an increasingly bitter divisiveness within our community. Their actions appear to be threatening the financial stability of TRLA and the future of our community.

This board has repeatedly and blatantly violated the requirements of the Bylaws regarding decision-making. Instead of making decisions in regular public monthly meetings, they are making virtually all decisions in private, mostly through the operation of an "executive committee," usually consisting of the three who first took over the board. We question the legality of this executive committee, because the board never officially established it as required by the Bylaws. In large part, it appears to be supplanting the board as a whole, and, as far as we know, there are no minutes of its meetings or the decisions it makes.

This executive committee also appears to have been involved in suspending and altering three long-running lawsuits, sometimes without consulting the association's attorney. This includes terminating mediation sessions that have been going on for several months with Mr. Robert Rambo, Appellate Mediator, appointed by the New Mexico Court of Appeals to attempt to resolve two of these lawsuits.

Financially, we believe this board is abrogating their fiduciary responsibilities to TRLA members. The budget for the current fiscal year projects revenue of $99,550 and operating expenses of $101,500. For the first here months of his fiscal year ending September 30, TRLA income amounted to just over $50,000 and monthly expense totaled just over $24,000. At the August board meeting, it was reported 313 landowners were delinquent in paying their assessment fees creating a revenue shortfall of $61,337. In September, delinquent landowners dropped to 278.

In August the board was asked if it had any plans to decrease expenses to offset what appears to be a significant decline in assessment fee income. No answer was received. To our knowledge no plan currently exists. We fear the association will be bankrupt before the end of the year. At the September board meeting, the board proposed selling off equipment used to maintain our roads.

We have a number of other concerns. First, the board is pushing a reorganization plan of our landowners associations into seven smaller associations with a master association to manage the common areas. The plan is opposed by almost everyone who is aware of it. Additionally, they are ignoring policies, procedures, and decisions made by past boards, on the basis that "past boards did nothing."

We have tried to work with this board since their election, but they have now closed all avenues of discussion by terminating the mediation process and suspending public board meetings until further notice as announced in the October 18th TRLA newsletter. Therefore, they have left us no alternative but appealing to you as the TRLA Bylaws contain no process for the membership to recall directors. We are asking you to intercede on our behalf, to vacate the current board, and to sponsor an election of a new board of directors in accordance with TRLA Bylaws and to prohibit the sale of any of the TRLA's assets.

Our community is growing rapidly, with fine new homes being built at an ever-increasing rate. It would be a shame for this mismanagement and dysfunction to stop our movement toward becoming an economic asset for this area of New Mexico. Please intervene swiftly to help us maintain the spirit and beauty of this community.

Enclosed please find a more detailed description of their malfeasance to date and a variety of other documents in support of our plea. Feel free to contact any of these Timberlake landowners for additional information: David Skinner, (505) 783-4411; Roger Irwin, (505) 783-4127 or (520) 881-5716; or Tim Amsden (505) 783-4144.

The Timberlake landowners listed below have given their consent to add their names in support of this action. We have sent copies of this letter and our complaint to our other public officials in the hopes that they may also be of assistance to us in this matter. We will be sending copies of this letter to all 640 Timberlake landowners in the coming week
seeking their support. You may be hearing from some of them.

Supported By SeventyTimberlake Ranch Landowners

Next page

Jan 27, 2005

David Skinner
HC61 Box815
Ramah, New Mexico, 87321

Re: Timberlake Ranch Landowners Association

Dear Mr. Skinner:

I am writing to you in response to your (and other landowners') letter to Attorney General Patricia Madrid dated Oct. 29,2004, which sought the involvement of this office as to numerous instances of alleged misconduct by the board of directors of the
Timberlake Ranch Landowners Association (TRLA). As you are aware, that letter was referred to me for response. As we have discussed, I have addressed this letter to you as the representative of all the other TRLA members whose names were listed on that letter. I would ask you to circulate or provide copies of this response to those other landowners.

Your October letter contains allegations of various improprieties in the election, meetings and other activities of the current board. I have obtained and reviewed the TRLA Articles of Incorporation and By-laws, and it is clear from these documents that the association is a private nonprofit corporation. Because it is private, neither the Open Meetings Act nor the Inspection of Public Records Act apply, and thus are not enforceable by this office against the TRLA board. Similarly, under New Mexico law, the Office of the Attorney General is authorized to provide legal opinions only to the legislature, elected and appointed state officials and district attorneys. As is true for any private individual or organization, our office is unable to provide legal advice to or otherwise represent you. If you believe your rights have been violated, you may wish to seek legal advice from a lawyer in private practice.

Thank you for your attention to this matter. Sincerely,

Martha A. Daly, Assistant Attorney General

Divide Timberlake Ranch?
     (Posted 1-3-05)- At their first public Board Board meeting in June of last year the three new TRLA officers announced the following plan, "Timberlake Ranch should be divided into sections, with each section having its own association." (See June minutes) This plan is apparently intended to facilitate obtaining the necessary 75% vote required to effect changes in the covenants (cc&rs). This plan has been opposed by the majority of landowners attending each of the public meetings since last May. To this date the current Board majority has not disavowed this plan. The editors response to this plan can be read in our editorial page.