Cholla HOA Minutes, Sunday, February 18, 2007

Cholla HOA Minutes, Sunday, February 18, 2007


A regular board meeting was held on Sunday, February 18, 2007 at the Cholla Community Center.  The meeting was called to order at 9:00 AM by Vice President Michael Dugan with the following members present:  Helen Dahlstrom, Pete Peterson, Don Vawter, Gene Court, Pete Pisciotta, Pat Sledge, Shirley McDonald, Lew Felton, Ken Goodin, Don Schmidli, Clive Jordan, Delegate of Vigilance and Mexican Representative, Salvador Herrera Garcia.

Absent:  Bucky Maud, Bill Drake, Ray Hayes and  Steve Lee.

The board had previously received minutes of the January 14, 2007 meeting.  Mr. Dugan asked if there were any corrections or additions.  There being none, he then asked for a motion to approve.  Motion made, seconded and minutes approved.

Treasurer Helen Dahlstrom passed our reports showing income and expenditures through January 31, 2007.  Mr. Dugan asked if there were any corrections or additions to the report.  There being none, he then asked for a motion to approve.  Motion made, seconded and approved. 

The board had previously received minutes of the January 14, 2007 meeting.  Mr. Dugan asked if there were any corrections or additions.  There being none, he then asked for a motion to approve.  Motion made, seconded and minutes approved.Treasurer Helen Dahlstrom passed our reports showing income and expenditures through January 31, 2007.  Mr. Dugan asked if there were any corrections or additions to the report.  There being none, he then asked for a motion to approve.  Motion made, seconded and approved. Mr. Felton asked when the proposed budget would be ready to send to the membership prior to the General Meeting in April.    Ms. Dahlstrom  said she would have it to him for the mailing. 

A question was asked regarding a proposed audit.  Ms. Dahlstrom said she was waiting on some information regarding receipts before scheduling the audit.

There are 701 paid memberships,  70 who are not current, 43 unclear,  meaning they are being researched or transferred, etc and.3 Mexican members, who aren’t required to pay but did, for a total membership of 826. 

After months of waiting and hoping to get the CC&Rs approved, Mr. Peterson received a booklet of approximately 180 pages of what the City would like the Cholla guidelines to be like those of  of Las Conchas.  They are very different from the 6 pages turned over to the  Company for approval and to b e sent to the City.  The government administration changed and they wound up in the hands of an attorney who would like to see a lot more information included when seeking a permit.  He decided to not respond to them and asked the board to trust him to handle the problem himself.and he said he should have something concrete by the next meeting. 


Mr. Dugan said he didn’t feel the homeowners should spend a lot of money to have guidelines for the small amount of lots left but Mr. Felton felt there should be guidelines  to cover lots where old buildings are being torn down and multiple buildings placed on them with no parking , etc.  The board told me Peterson  to go ahead with what he planned.


Chairman Pat Sledge reported the wrought iron had been painted.  He also reported the tile would be replaced this summer as well as moving the window on the back wall and closing up the hole. There was a discussion about cleaning out the storeroom.

Mr. Dugan reported the committee had talked about the water line being brought to the police station.  The board received an email from Benjy Brown regarding underground  in Manzana 27, 29 and 30.  Some of the board didn’t receive the email  so Mr. Dugan read it.  The email pertained to excuses for non payment for underground in the amount of $4,009  and Mr. Brown stated that he had received several extensions to complete the project but had applied for a bank loan to complete the installation. Those homeowners who had not paid would be charged $5,000 for a hook-up.  There was a lot more to the email about the cost increase on everything including labor.

Mr. Brown said there would be people contacting the Vecinos seeking advice on what to do.  Mr. Dugan said that as a board and as homeowners we need to give them, as best we can,  the correct answer.

There was a lot of discussion regarding CFE and whether or not they had required underground. Mr. Peterson said there was a meeting between the power company and Mr. Brown and he feels that CFE compromised with him by allowing him to do this one small section.  Mr. Peterson said there is a conflict between what CFE identified as their policy and what he is trying to enforce.  There is a row of houses in that area that  have power and CFE said if they had power it was their option as to whether they would go underground but Mr. Brown is saying they must pay the $4009 to go underground.  This becomes complicated in the fact that there were fewer lots there than what ended up when a developer bought up lots, re-subdivided it and built all the condos.  The transformers that were part of the existing system on that line were inadequate capacity for the entire amount so there is a section with 10 meters and 8 of them have meters and electric service and the others exceeded the capacity of the transformer so they don’t have power.  By CFE’s own document they don’t have to go underground, but Mr. Brown says they do so that is the problem.

The board decided they needed more information regarding the problem since it is actually caused by the Company selling lots to be subdivided to build more units than were actually planned on the land in question and the problem  becomes one caused by the Company and the developer.  Mr. Peterson said we could provide the homeowners in question with translations of correspondence the Vecinos got from CFE and let them make their own decision.

In the Executive Committee meeting, the committee decided to ask Ernesto Munro to give us his opinion  regarding the pledge agreement of land for the infrastructure of Cholla and the  enforcibility.


The board received an email from Steve Lee with Mr. Munro’s opinion.  Mr. Dugan said in a discussion with Mr. Peterson regarding that opinion, Mr. Peterson said there was truth in what he said but he needed to turn the page a couple of times  to find more information and have some clarification.

Mr. Peterson clarified the same agreements regarding the developer’s obligation to provide the infrastructure of water, sewer and electricity for any development.  Since Cholla Bay was an existing development before this whole thing started, it was an after the fact situation so the State came in and said the people who were already in Cholla would get a bargain on the price of that because they would split the price 50 – 50 with the developer on the situation and there was a certain deadline to do that.

In response to that, the Technical Committee was formed and the estimate of cost was about $2,000 per lots of which there were 565 that were involved before the deadline of  October, 1997.  It was necessary to put up $2,000 in order to qualify to get a trust;  There were two liens placed on property.  Cholla Bay was embargoed under a separate situation from the other beach properties and the agreement was that when the then present homeowners paid their share of $2,000 to qualify for the trusts, the lien would be lifted from that lot. With the exception of 11 homeowners out of the original 565 who  did not pay the $1232.  Following that incident and since they had already been 7 years in the process,  the Technical Committee, under authorization from the Governor  of Sonora, ordered  that the bonds on the property that was left in Cholla  would be lifted in exchange for a Bond to be held by the banks in the name of the State of Sonora to guarantee that work would be completed. 

He also reported that as of July 14, 1993 he sent a letter to homeowners including a translated copy of signed copies of the Regularization of Cholla Bay.  The Community of Cholla Bay is referred to as Fraction 1 – 89 hectares.  Also there is 150 hectares pledged as Fraction 3 of this Agreement which is on Sandy Beach and is pledged as a guarantee to complete the Regularization of Cholla Bay.  The 150 hectares has beach frontage of 1,140.2 meters and is considered as an obligation to complete the infrastructure  of Cholla Bay and the State of Sonora is to hold the lien on behalf of Cholla Bay. 

There was no time line included in the documents because the State of Sonora wanted to loan the Company money to build the infrastructure and when the Company couldn’t pay it off, they would foreclose, but the Company saw through it and stopped them from doing that.  Cholla Bay got caught in the middle because there was no time line involved. Mr. Peterson said he had someone from the local Bancomer call Mexico to check on the lien and was told the lien is still valid.

There was a lot of conversation regarding whether or not to continue with Mr. Munro and Mr. Sledge said he would get with Mr. Lee this week and they would discuss what direction to take. 

Chairman Don Schmidli was at the meeting after being in the States for heart surgery and said he didn’t                                                                       know what was going on.

Mr. Dugan said he was contacted by Mr. Arvizu requesting some different trailers and they were purchased in the states.  They were brought to Mexico where had the sides built up.  He then requested


A couple of more trailers and  is checking with the man who put sides on the first two  to see if he could fabricate them since he did a very nice job.   Mr. Dugan suggested that as soon as a quote was received, an email be sent to the board so a decision could be made with regard to getting trailers.  Mr. Peterson suggested to Mr. Arvizu that the old trailers might be of value to the guy doing the construction of new ones and possibly save some money.

There was a long discussion about the continually bad service in picking up garbage.  It has been an ongoing problem.  Some of the board felt if water trucks could get water to every home, the garbage truck should be able to go there, too,  or make provisions for some kind of pick up.

After hearing that service hasn’t improved and actually is worse after giving Mr. Arvizu a raise, the board decided that on the beginning of the new fiscal year on July 1, the garbage service would go to bid including locals who might be interested as well as the City of Penasco.  There was discussion that the service would have to be in a contract and not as an employee of the Vecinos.

Chairman Pete Pisciotta said they will be putting up some more signs and doing some sign changes that are not working out as they are.  He was asked why what used to be a 4 way stop by the old OBSC building has turned into a 3 way.  He said it was to accommodate launchers as they came up the hill from the north.  When they stopped, they had trouble getting powered up to continue. He reported nothing had been done on roads during the month of January and  February but was looking into some work in the near future.There was discussion regarding new roads and  who was to pay for them.  Mr. Pisciotta said if a road has to be cut, the Vecinos pay half and the Company pays half.

Chairman Gene Court had new park layouts that he presented to the board showing the latest survey. The plans showed future installations of racquetball/ handball, soccer, basketball and  picnic areas.  Mr. Court asked who was going to maintain these areas after they were built.  Costs to  build the items on the plans were discussed and Mr. Court said he would pursue costs but needed to know what was planned to be done first and what was in the budget.  He was asked what the cost of building the park would be and he hoped to have some figures within the next two months.  The board felt our priority should be the soccer field and the basketball area because they would be used a lot by locals. Weekenders have those things available at home and want to ride quads or go to the beach when  they are in Cholla.

Mr. Court was reminded that the Mayor of Rocky Point said if they were presented with a plan and what the cost would be to do the park the City might participate in the development.  Mr. Pisciotta said when  he talked to Fayth Moody originally, she said they might participate, too.


Chairman Pete Peterson said he hadn’t heard of any real problems but Don Schmidli told him that a guy next door to him had his truck broken into in front of JJ’s on Friday night.  Our local police sent the man to Rocky Point to report the problem.  It was also reported that at times, even though a car is parked at the police station, no one seems to be there.  It was also reported that on Friday afternoon, they were checking vehicles as they entered Cholla. The exit side of the police station was again brought up regarding how it looks in comparison to the entry side.  Mr. Pisciotta, Chairman of Roads, will look into a design and cost for improving the area.

Lowell McCulley who set up the HOA website made a report about the site.  He said he was looking to get more content such as activities, meetings and minutes as well as community input.  Pat Sledge volunteered his wife, Sue, to manage the Vecinos website.

Steve Lee is the Nominating Committee Chairman and in his absence, Lew Felton said he thought  Mr. Lee had persons in mind for all positions to be filled and possibly one more than needed.  At that point,   Delegate of Vigilance Clive Jordan, said he had some health issues and would be resigning at the general meeting and asked that his position be placed on the ballot.  Mr. Jordan, who has been working with Gretchen Ellinger on the Manzana/lot problems  said he couldn’t do that job any longer either. 

Mr. Felton said he felt we had reached a point where a Town Manager was needed.  There was a discussion regarding a manager, what it would cost, etc.and the concensus was to ask people at the General Meeting on April 28 to vote yes or no on a manager  since it would probably mean an increase in dues.

There being no further business to discuss, Mr. Dugan asked for a motion to adjourn.  Motion made, seconded  and approved.  Meeting adjourned at 11:35 AM.

A paramedic in the audience suggested that fire hydrants be installed as water is brought into Cholla and told the board about a inew defillibrator that is used in areas where EMS responses are slower. 

The following dates have been set for future meetings:

General Meeting:                                              Saturday, April 28, 2007          9:00 AM

Regular Board Meetings:                                   Sunday, March 18, 2007          9:00 AM

                                                                      Sunday, April 29, 2007            9:00 AM

                                                                      Sunday,  May 13, 2007            9:00 AM

Respectfully submitted,

Shirley McDonald, Secretary