Well said, Jay, and I also agree with all of your points.

As Fritz and Jay both pointed out, anything that accrues interest (and
is fixin' to go up), as the Punkin/Deep loan is about to do, should be
paid off.

I also talked with Mike Walsh of the TCC and he stated the same thing to
me as he did to Jay that they would refrain from accepting the funds,
but are happy to work with TCMA in retiring the above loan.

Personally, I'm happy for this current state of bliss in the Texas
caving community and glad to see all of our horses are pulling in the
same direction, for a change!

BTW, the amount of money that we're talking about, and that I neglected
to mention, comes to $8144.19.


Good, positive discussions so far! Let's keep it that way.


Mark Alman





-----Original Message-----
From: Jay Jorden [mailto:[email protected]] 
Sent: Wednesday, May 28, 2008 10:34 PM
To: Kurt L. Menking; Texascavers Mailing List
Cc: Fritz Holt; Alman, Mark @ IRP; John Brooks; Darla Bishop; Bisset,
Rob
Subject: Re: [Texascavers] RE: The TSA Needs Your Thoughts: TSA Land
Fund Dispensation

All,

To address and clarify a few points on the inevitable but already 
lengthy thread on this subject (and wishing there'd been a bit more 
interest in the land fund before debate began on its dissolution):

1) TCC: ... doesn't want the proceeds of this particular fund. Please 
feel free to weigh in on this point, Mike. In a conversation before the 
motion's introduction at TSA's BOG in Kerrville, he had conveyed this 
message to me. Just FYI in case you didn't know, the two cave 
conservation groups in Texas have an ongoing dialogue and cooperate in a

number of ways. One of these is that TCC has actively contributed each 
month for years toward paying off the note on Punkin-Deep. TCC is to be 
commended for this. I don't believe TCC currently has a bank loan it's 
struggling to pay off -- but if it ever did, perhaps the favor could be 
returned. The organization currently has its own worthy projects and 
fund-raising means.

2) TSS: ... under the land trust agreement's Section 8 that Joe cited 
earlier, cannot receive total funds/proceeds from a dissolution since it

is technically not a cave conservation organization. To reinforce this 
point, an attorney who is one of the land fund trustees is clear that 
proceeds of trusts and/or funds with stated purposes -- if dissolved -- 
must be transferred to organizations with the same purposes.

3) TCMA: ... IMHO, paying off the note as early as possible on 
Punkin-Deep makes good sense. The interest rate is due to increase as 
early as next year; contributions will not go as far then. It's been 
pointed out in this thread that the property is accessible to all 
cavers. It will also be a pre- and post-convention attraction for cavers

worldwide during next year's International Congress of Speleology. 
Although I am a director of TCMA, I did not consult with its board 
before meeting on this issue with the other land fund trustees. As a 
fund trustee, I abstained from the vote recommending the proposed action

that TSA will consider in the fall.

4) TSA: ... the fate of the fund lies with the Board of Governors or, if

it so decides, the membership by binding referendum -- but no other 
organization. The land fund is a creature of the TSA. Under the 
agreement creating the fund, TSA serves as the foundation. The document 
requires TSA to administer the money as a separate, identifiable fund. 
TSA oversees the fund's balance through its treasurer.

5) TSA per capita surcharge: ... IMHO, it's a really good idea to 
continue this practice, whether TSA has a land fund or not. Leveraging 
the fees can accomplish some great things. And with gas-fueled inflation

being what is has been lately, maybe it's indeed time to consider 
raising it higher than $1 a head. Another decision for TSA. ...

Jay

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