General meeting was held on Saturday, April 25, 2009

General meeting was held on Saturday, April 25, 2009

P. O. Box 620
Lukeville, Arizona 85341


A general meeting was held on Saturday, April 25, 2009 at the Cholla Community Center. President Michael Dugan called the meeting to order at 9:00 AM. There not being a quorum present, motion was made, seconded and approved by the membership to adjourn. The meeting was then reconvened at 9:05 AM.

All board members were recognized and commended on the work of committees they chaired the previous year.


A motion was made to dispense with reading the minutes of the general meeting held on Saturday, April 26, 2007.


The Operating Budget for the year 2009 – 2010 was sent to the membership in the Newsletter prior to the meeting. The board asked the membership to approve the suggested budget raising yearly dues to $200.00.


There were 11 new members since the last meeting. Mr. Dugan asked for a motion to approve the memberships. Motion made, seconded and all new members accepted.


The general assembly was asked to re-elect the Secretary, who was unopposed, for another 3 year term. Four 3 year Board Member vacancies were sought by Jerry Caballero, Gene Court, Ken Goodin, Jerry Ketelhut, Jr., Sue Mathis and Alan Peterson. Don Schmidli was running unopposed for Delegate of Vigilance. Everyone running for a position was introduced to the audience. There were no nominations from the floor. Motion was made, seconded and approved to close the Nominations.


Prior to giving a report of the Board’s actions during the year 2008 – 2009, the President first praised the work of Barbara Damman on providing a wonderful Library for the people of Cholla. He also gave thanks to the people manning the Membership tables helping to hand out Ballots and Proxies.

Mr. Dugan reported the Executive Committee had many meetings during the year to update the voting regulations which were then sent via the Newsletter to the members as well as posting it on the Website. He said there were complications in the voting process in 2008 and the committee took the Constitution and reviewed everything pertaining to proxies and voting. Upon completion of that document, it was then approved by the Board.

Mr. Dugan reported that a Deed of Trust was about to be secured on the land purchased a few years ago in front of the Clubhouse. He learned that the Associacion de Vecinos is a non profit Mexican Corporation so a Deed of Trust is not necessary and can be held as “fee simple”. He proceeded to have the original Clubhouse property changed into that type of ownership which means there will be no Trust fees to pay.

The President reported the CC&R process is still moving, but slowly. He attended a meeting that week with the City of Penasco to answer questions in a review by the City Council Members. They were very happy with what Cholla proposed and Mr. Dugan thinks they will be approved within the next month.


Committee Chairman Pat Sledge reported that one of the major accomplishments was securing the perimeter of the property. To offset the cost, the bollards are being sold to individuals or families. Cost is $25 to $100 and the purchaser can have a name painted on it. He also reported the kitchen closet had been upgraded to handle all supplies. A palapa is planned over the southeast corner of the patio to cover the cooking area.


Chairman Gene Court reported the park is being used by a lot of people. There has been a problem with the some of the trees due to salt in the ground he is working on the problem. There is some equipment he would like to replace, but it costs money. He would also like to add another shoot around because there are a lot of basketball players using the area.


In Chairman Pete Pisciotta’s absence, the President reported we are about to enter into an agreement which provides grading and repair to primary and secondary roads. This work is paid from homeowner dues. He reminded everyone if they are only in Cholla on weekends and feel nothing has been done to roads, they should be aware that if work is done during the week, by the weekend it has been used a lot giving the impression no maintenance has been done.

The exterior road (to the equipment yard) is paid from money collected from water sales to water trucks. That way, everyone is paying that bill and not just people who are current on
membership dues.


Chairman Jim Niblack reported the key challenge is home security and home breakins. What the Vecinos are doing about that is trying to secure the perimeter of Cholla by squeezing all traffic into or out of Cholla through the check point at the Police Station. Boulders have been placed to stop traffic coming into Cholla over the mountain to Pinto Point. Also of concern is how to protect Borracho Flats. That will require a fence going across the east boundry of Cholla. Another concern is protecting property rights when there is a large influx of visitors to Cholla. The local police are encouraged to check incoming and outgoing traffic. He encouraged everyone to stop and let the police know we appreciate them being in Cholla and what they are doing is important. The Police Station has been improved and the police are very proud of their area.

To protect against home invasions he suggested security and lighting. Suggestions on how to protect homes has been posted on the website.

In the future, the Vecinos are looking into video surveillance. There have been experiments regarding hiring security staff, but with mixed results. Unless there is a City Manager or people who know how to train, recruit, etc. it doesn’t work. They did hire a couple of auxiliary police to patrol during spring break and Semana Santa.

Mr. Niblack also reminded everyone that the police are being paid by people of Cholla through the taxes they pay.


In the absence of Chairman Gretchen Ellinger, The President reported that there have been problems with people leaving garbage on the road by their home when they leave Cholla. This has caused problems with dogs and cats getting into the plastic bags and leaving a big mess. He urges everyone to get a blue garbage can because they are easy to see and the boys do pick them up.

The Vecinos also brought 7 porta potties to Cholla which were strategically placed along the beaches as well as more garbage cans. Signs painted red, white and green in English and Spanish have been placed along the beach and launch ramp giving the rules of Cholla.

The Vecinos purchased a diesel roll-on/roll-off truck which has not only saved money on gas but allows the garbage people to easily dump garbage and allows them to get back to finish their collections.


Mr. Dugan reported that approximately 1 year ago the Company said they were hoping to
get water and sewer started for Cholla. A lot has happened since then and nothing has
been done. He did report the standpipe has been working even though it is slow at times.

Since there was no more business to report, the President asked for a motion to adjourn the meeting and open it up to the floor for questions and answers. Motion made, seconded and meeting adjourned at 9:52 AM.


One homeowner asked if the police could ask for vehicle registrations as a means of stopping vehicle theft? Mr. Niblack said the police say they are checking what goes out of Cholla. They are not checking every item but if they look like someone who doesn’t belong in Cholla and pulling a jet ski or something, the Police claim they are checking them. After 10 PM or so they funnel all traffic into the lane by the building and they do check.

Another person asked why the people living in Cholla don’t have stickers on their vehicles?
Mr. Dugan replied that was an excellent idea and told him the Board had discussed stickers priced them and would pursue that idea.

Someone asked about profiling and Mr. Niblack said that is actually done in Mexico.

One homeowner asked if before fencing is done around Cholla would there be voting on it? Mr. Niblack said that would probably occur when construction is done by people outside of Cholla. It was announced that most everything the Board does is posted on the website so it is available to everyone.

There was a discussion about entries to Cholla from the water. He was told the police have been patrolling in areas where they can see approaching boats and that helps with security.

One lady asked about a gate and was told that plans have been drawn to build a gate on the road beyond Borracho Flats but that takes money to build. Yes, it would be voted on but the Vecinos need to know where the Company will put a fence if they develop in that area but everyone wants to know how much it will cost, too.

Mr. Niblack told the audience that to have a private security force of 7 people, the cost would be $110 to $115,000 per year. He said closing some streets in Borracho Flats and using surveillance cameras would cost about $10,000. However, if a gate with housing for full time staff was built, that would be an additional $60,000.

There was a conversation about people who have things around their house that could be used toward building the gatehouse and people who are capable of building which would supplement the cost of a gate house. It was suggested that anyone with ideas get the Board’s emails and let them know what they think. Michael Eagan volunteered to head a committee to include homeowners and board members.
One lady suggested the idea similar to a block watch because she didn’t want to be in a gated community.

Bucky Maud personally wanted to thank the Board for all the work done. Being a past President of the Vecinos he knew all the work, time, travel, and frustrations that everyone is confronted with during the year. He also thanked everyone for coming to the meeting and discussing ideas that will improve Cholla.

Mr. Maud said alarm systems do work and he still had a couple of break ins. He suggested getting signs that say you have an alarm system and small florescent lights that he puts with the sign in different windows. He did that several years ago and since that time, he has not had a problem.

There were suggestions that the Board should approach Rocky Point about help with different ideas for the good of Cholla. Mr. Dugan said it was very hard for the Vecinos to go into town asking for favors when there are taxes in the amount of $191,000 owed to them.

Homeowners wanted to know if the CC&Rs would be posted on the website when they are approved and they were told yes. They were also concerned if there was a time line on building a home? Mr. Dugan said he thinks there is a time limit on permits issued. There were also questions as to limited lighting.

The audience was told the Proxy did not have a place to vote for the Budget. They were told to write in “2009 – 2010 Budget” on the Proxy and a line for yes and no. They were given authority to vote a Proxy so they could vote yes or no.

John Wyatt said the porty potties were definitely being used and he suggested they be placed year round. Mr. Dugan informed him it was in the budget.

There were questions about which roads were being graded and when, and they were informed everything is on the website.

There were questions why the dues were proposed to be raised to $200 when there was an amount of $200,000 in the bank. Mr. Dugan answered that most of the dues come in early and are shown in that amount but are earmarked for roads, security, clubhouse maintenance, taxes, garbage, porta potties, etc. and just because it looks like there is a lot of money, a big part of it is to keep Cholla running. It is also necessary to have some money in the bank for contingencies. He explained that having contingency money in the bank afforded the association to buy the Clubhouse and the the extra property.

There was a question regarding the long list of people who have not paid homeowner dues for many years and why the association is not collecting from them. He had some suggestions such as cut off power, water, and many other things. Mr. Dugan said his answer to that question was that he personally didn’t know how to get the money but he
would find out within the next few days if there was anything that could be done.

Someone wanted to know when Cholla would get the old road back and they were told that was part of a development and the road would not be put where it was. A comment was made that we were paying for the maintenance and Mr. Dugan said no we were not. He then asked Bengie Brown what it cost to maintain the old road and he said it cost $30,000 per month to maintain that road. The President asked if the HOA was agreeable to split the amount with the Company because we are the only community using this road. There was not an agreement to proceed. Mr. Dugan did say the Vecinos were paying a portion of the cost of maintenance from the railroad tracks on the new road to the entrance to Cholla across the top of Sandy Beach where the condos are located, but it is not coming out of their dues but from the water bought for each home, including the people who are not paying dues.

There was also a long discussion about payments made to the Company regarding sewer and water. The question was asked if there was a way to go after people who had promised to perform and did not. There was concern about pollution from the leech of sewer into the bay and what it will be in a few years. The question was asked what can the Vecinos do to get water and sewer brought in.

Mr. Dugan said the homeowners can go in partners with the Company to build a sewage treatment plant outside of Cholla. If water is brought in, it is imperative to have sewer, too.
The cost would be 50/50 and the system would be owned in 5 or 6 years. Everyone in Cholla would be charged a monthly amount and would only be hooked up to both if they paid their share. This is in it’s concept stage only and is one of the many avenues that the HOA is exploring to bring a completion of the regularization process.

Respectfully submitted,


Shirley McDonald, Secretary



Secretary: Shirley McDonald

Board of Directors: Gene Court
Ken Goodin
Jerry Ketelhut, Jr.
Alan Peterson

Delegate of Vigilance: Don Schmidli

2009 – 2010 Budget: Budget Approved to raise dues to $200.00