23 May regular board meeting was held on Saturday, May 17, 2008
Please note the meeting change:..
June meeting: Sunday, June 15 at 8:00 AM
July meeting: Sunday, July 13 at 8:00 AM
ASOCIACION DE REGULARIZACION DE VECINOS DE LA CHOLLA, A.C.
A regular board meeting was held on Saturday, May 17, 2008 at the Cholla Community Center. The meeting was called to order by President Michael Dugan with the following board members present: Helen Dahlstrom, Pete Pisciotta, Tom Clark, Mike Eagan, Ken Goodin, Shirley McDonald, Gene Court, Jim Niblack, Gretchen Ellinger, lew Felton and Valente Cornejo, Mexican Representative.
Absent: Pat Sledge, Bill Drake, Steve Lee and Don Schmidli, Delegate of Vigilance.
The board had previously received minutes of the meeting held on April 27, 2008. 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 out a report showing income and expenditures through April, 2008. The board had a few questions regarding the report but after Ms. Dahlstrom gave them answers, Mr. Dugan asked if there were any changes or additions. There being none, he asked for a motion to approve. Motion made, seconded and report approved.
Mr. Court asked when the $25,000 note would be paid that is due the company? Mr. Dugan said we were waiting for paperwork to be cleared up regarding one of the lots so the Trust can be finalized.
Helen Dahlstrom reported there are 745 members paid in full, 82 not current, 3 Mexican members not required to pay but did, for a total of 830 members. There are 142 who have an unclear status. There was a lot of discussion about getting a handle on those who are unclear. There was a discussion about sending letters to realty organizations for help in getting some of the problems clear up. Ms. Ellinger said not all of them belong to the MLS and the other groups. Mr. Dugan said he would check with Bengie Brown to be sure they check with Monica about the status of homeowner dues before they transfer any
property. Ms. Ellinger said she personally visited real estate companies a few years ago and gave them copies of the Vecinos membership application and that seemed to help.
Mr. Dugan said he would go with Ms. Ellinger to the organizations such as MLS and
others to ask for their help in putting a stop to property transfers without becoming a
member of the Vecinos as well as collecting back monies owed. Monica is to put together a list of those who haven’t paid, showing how many years, etc. Jim Niblack asked Monica how many of the 82 fit in the category being late, but intend to pay. She said probably 50 which would leave 32 that haven’t paid in a long time.
There was a very long discussion on collecting from people dubbed as “dead Beats, who live in Cholla and refuse to pay for dues but use all the amenities available to them that are being paid for by everyone else. Ms. McDonald wanted to pursue some sort of lien against their properties and any other method available to the Vecinos to make them pay. Ms. Ellinger said property transfers are one way to get money out of them, but if they don’t sell the property, that doesn’t really help. In RP water is stopped but Cholla can’t do that because the water is hauled in and it would cut the water boy’s income. Mr. Dugan also explained that the water trucks get a permit to deliver water and they can’t refuse to deliver water to anyone but they can charge whatever they want. Mr. Dugan said he felt if someone wasn’t paying their dues, the water truck might have to deliver but they can charge whatever they want.
Ms. Ellinger said rather than managing non payment of dues through water delivery, maybe the Vecinos could manage it through electric delivery. The board was reminded that if people were members when the trusts were issued, they had to pay their share of electric to get a trust. Ms. Ellinger said that people have electricity that don’t pay dues and don’t have trusts. The board suggested that Ms. Ellinger look into using this as leverage.
The window stickers were discussed as a way to let the water trucks know if people were members or not and if not, they don’t have to adhere to the $7 – $14 per tank prices. 2008
2008 – 2009 stickers will be larger and a different color.
In the absence of Chairman Steve Lee, Mr. Eagan reported they had done some work on procedure issues when the CC&Rs are in place. It is still in draft form and still need to determine what fees will be but it is a work in progress.
In the absence of Chairman Pat Sledge there was no report. There was a leak in the kitchen Saturday morning but it was taken care of prior to the meeting.
Mr. Dugan reported the CC&Rs are still in the process of being finished. He said he had an email that they are being sent to Suie and he guessed it would be a month before completion. He said Paco Manzo had been a great help in getting everything done.
Shirley McDonald asked Mr. Dugan if he knew the location of the Trust that is already in place and paperwork for the trust in progress. Since Mr. Peterson had been handling the trust applications, she had hoped he would be at the meeting so she could ask him for that information. She said since everyone is getting older and the board changes yearly, all important paperwork should be in a central location available when needed. The board was asked for authority to look for a fireproof safe with a programmable lock so that
when the executive board changes, the lock can be changed. She felt all important papers
should be centrally located and protected. Mr. Dugan was asked to find out where the Trust was and if the Executive Board could get it in hand and in a safe place.
There was a discussion as to how long some papers need to be held. Mr. Dugan said there is no time limit on how the Constitution, By-Laws and the Trust need to be held but no one knew how long minutes need to be kept. There are minutes from day one on Vecinos meetings. A suggestion was made that they be kept for 10 years, but since we are a Mexican Association no one knew for sure. Mr. Niblack suggested that necessary paperwork be stored electronically whenever possible.
A motion was made that Ms. McDonald pursue information on a fireproof safe to present at the June meeting. The motion was seconded and approved.
There was also a discussion about the bank account in place at Bancomer and Helen Dahlstrom said it had been taken care and a new one opened.
Chairman Gretchen Ellinger gave a long report on her day with the garbage collectors and said they have her admiration for how they handle the pick ups. She also accompanied them to dump the truck and a trailer and said the boys empties both containers by hand. Even though the dump was following a show weekend in Cholla, one trip dumped 4,136 pounds of garbage. She was unable to accompany them on the second trip so doesn’t know how much they dumped then.
She asked the board to approve the hydraulic roll on/roll off truck that Mr. Dugan had previously presented to the board. There was another hydraulic truck mentioned and it was to be pursued as to a price. Ms. Ellinger asked for a motion to spend up to $6,000, if necessary, to get a truck that would be easier for the garbage people to dump. Mr. Dugan
suggested that Valente and Jessie pursue the second truck and if Jessie feels it is in good shape and can be bought for less money with the upgrades, we should do that. Motion was made, seconded and approved that Ms. Ellinger pursue the purchase of a hydraulic truck.
It was brought up that possibly the Vecinos could buy the truck and sell it to Mr. Arvizu. Mr. Dugan said he felt the homeowners should own the equipment in case Mr. Arvizu
should decide he doesn’t want to do garbage anymore, he could take his equipment and
leave. It was also discussed that it takes away some control by not owning the equipment
In her report, Ms. Ellinger reported that trash was being picked up at local businesses
who are not members of the Vecinos and are not paying for the services. At one of those business pick ups, there were 7 cans of garbage. Ms. Ellinger said even though the businesses don’t pay, they take very good care of the garbage collectors.
Mr. Dugan said he talked to Mr. Arvizu and was told the businesses give the collectors soda, etc. but no money. Mr. Arvizu was told it still wasn’t right because they are using equipment that belongs to the Vecinos. Mr. Dugan said the businesses refuse to become a member of the association, want members to pay for collecting garbage and want the business of local homeowners. Ms. Ellinger said Ramon Perez came to her and said he needed to start paying for his garbage. She told him to pay an annual membership of $175 and he refused because he is a Mexican and in town he would be charged 50 pesos per month. There were suggestions to write the businesses a letter, form a business membership with a different rate, stop collections of their garbage, etc. The problem will get bigger as water and sewer come to Cholla. It was felt that if they paid 50 pesos per month in Penasco, the Cholla rate would be higher because of the distance the garbage has to be hauled.
Mr. Dugan asked Ms. Ellinger to come up with a solution regarding pick-up from businesses, possible cost of the service and suggested she talk to them and let them know the Vecinos are picking up their garbage at the expense of the people who paid dues to get those services.
There was discussion about having a commercial rate for a business.
Mr. Clark reported that fire departments all over Arizona have containers that are light weight, probably 25 or 30 gallon size and the Vecinos could probably get them for free or at a very low cost. Mr. Dugan asked anyone in the Phoenix or Tucson area to contact the fire department and bring the information to the next meeting. Mr. Dugan said if those were available, the homeowners could call and pick one up. Mr. Clark said they have foam inside and would have to be washed out of the cans but is isn’t a big job.
Chairman Pete Pisciotta said while he was away the first phase of street signs was completed. There are some problems and a few roads without names but they will work out the kinks. The cost was $2,600.
Mr. Pisciotta said he got a bid from Bengie Brown to do the main roads monthly for
approximately $2,000 per month and he tried that in March, skipped April and had them
done in May. The Company would like to maintain the roads for $2,000 per month but the Vecinos can’t afford that and he doesn’t know if they will continue doing them piece-
Meal as they have done in the past. He suggested the possibility of using them every other month which would cost $12,000 and put in $3,000 for unknown situations that
Mr. Pisciotta passed around a map that he and Bengie worked out where blue colored roads would be graded for $2,000 per month and if the yellow colored roads were added, the cost would be $3,000 per month. This would include water, grading and filling holes with caliche, watering it and grading so it won’t pop back out. Ms. Dahlstrom felt that with the Vecinos spending $4,000 over the last couple of months, the hole north of the four way stop by the roundhouse should have been repaired.
Ms. McDonald suggested using the bandaid affect through the summer and get everything together by the October meeting and make a decision then for continual road maintenance, whether it be the $2,000 or $3,000 per month maintenance. Motion made, seconded and approved to wait till October to decide which option to take on road maintenance. This figure in no way diminishes the $15,000 per year the Vecinos con-
Tribute toward maintenance of the main road.
Mr. Pisciotta had the final costs for the entrance gate which was $103,000 and includes electronics, computer, drop down gates, camera, an office, and bathroom. The company 1/3 or approximately $34,333 and the Vecinos would pay about $68,666. Bengie talked to Gus, and said his brother had decided to give it to the Vecinos at their cost which is $60,000. The gate would be located at the east end of the Company’s storage yard and they would provide some kind of barrier from the gate to the mountain. There was concern about people turning right and going in roads near the water that would allow unrestricted entrance to Borracho Flats.
Mr. Dugan wanted to know who would own the property or if it would be dedicated to the homeowners and if it will be up to the homeowners to maintain the building and pay the taxes. Ownership of the roads was discussed and Mr. Dugan feels the Company still owns the roads since the regularization process has not been completed, the developer has not turned the streets over to the City. Ms. Ellinger asked who was going to maintain the building and man the gate. Mr. Dugan said he could guarantee the Vecinos would have to maintain the building and furnish the manpower to run it. That means taking $60,000
out of the reserves to build the building and the Vecinos want nothing to do with having \employees. He suggested that Mr. Pisciotta ask Bengie what it would cost from a service company, not employees, to man the security station 24 – 7.
Mr. Dugan and Mr. Clark both felt that by October we need to have a presentation for members through mail or email that in order to maintain the security they want and the roads at a level they would approve, it will cost money. They feel if this is presented right, the members will be willing to pay for what they want.
PARKS AND RECREATION:
Chairman Gene Court reported the trees are doing well. Soccer goals have been secured so they can’t be moved or stolen. He wants to have the skate board ramp removed
because some people were using it for ATV jumping. Mr. Court said he would need about $3,000 of the monies he has left in his budget, but would donate the rest back for security or whatever else is short on money.
WATER AND SEWER:
Mr. Dugan said the new water and sewer system map should be available shortly. He feels the water on/water off problem will exist for a while until the Company gets their act together.
Mr. Dugan explained what the water concession means to the Vecinos. When OOMOPAS gave Cholla a concession, it means they can’t diminish Cholla’s water in order to give water to someone else. Mr. Dugan explained that our water pressure goes down when more water is being used on Sandy Beach and they need to put in a water valve that will equally pressurize the line so everyone will have the same pressure. Mr. Goodin said the volume has to be there first. He said Mr. Brown has a control valve and if it isn’t on, there is no water. It was discussed that the best thing would be to have a holding tank to provide for Cholla and eliminate having to wait for water. Mr. Dugan said OOMOPAS feels the ideal situation would be to have another holding tank and Bengie Brown said that was in their long term plans.
Mr. Dugan said that even though there are pressure problems there is a light at the end of the tunnel.
Chairman Jim Niblack and Mr. Dugan had discussed the possibility of a service company who would supply people to do patrols, etc. Mr. Niblck said they also discussed getting more police involvement and things the homeowners can do for their own protection.
Mr. Niblack said Ramon Perez had a discussion with the local police and were told things had changed and Cholla was going to get better patrolling. He heard the patrolling had picked up but his goal is to form a long term relationship with the Penasco Police.
Mr. Niblack said one company provided rent-a-bodies to the Circle K stores. There is another that provides security to the resorts. Figures were discussed for English speaking bodies to provide the services needed, and would cost at least $10,000 per person and around $50,000 per year. There was discussion that it might be easier to hire someone on a monthly basis to drive around but if we wanted staffing at the guard gate, it would be a
year round contract.
Mr. Niblack had contacted Charlie Salem at Las Conchas and was told it would be better to sub it out. Homeowners there are paying $1,200 per year as dues and the rumor is they are raising it another $200. Ms. Ellinger said they bill every property unlike the rule in Cholla of one house, one lot for the same price if there is no living space on it. There are
about 600 homes in Las Conchas and about 400 of them pay their dues.
Mr. Niblack said homeowners should help protect their homes by installing alarm systems, shutters and bars on their windows. He also suggested a map showing how the board would like to secure Cholla by road and present it to the membership. If there are
in Cholla, he suggested that the homeowner call the 066 number to report problems and to email him of the problem giving date, where, damage, what was taken, etc. so he is aware of any breakins and could use that information when working with the police for better service. Ms. Ellinger said the 066 number does have English speaking personnel.
Mr. Dugan asked Mr. Niblack to have some plan regarding his proposal for security by the next meeting.
Nothing to report.
Covered in other areas.
Mr. Cornejo reported information about the union in Cholla. He stated that due to the high unemployment in Penasco, workers are looking anywhere and everywhere for work. In order to protect the local workers in Cholla, they are going to start a union that would cover all types of work in Cholla. He mentioned that there has been some pressure from the unions in Caborca to enter the Penasco market.
Mr. Dugan asked if his union water trucks would not deliver water from the standpipe to members who are not current on dues. He also asked if his union trucks would honor the Vecinos request not to deliver water furnished by the Vecinos to non-paying members and Mr. Cornejo said all trucks had to sell them water because of the permits issued. Mr. Dugan said a separate truck should be used that will get water in Penasco and not from the standpipe.
Ms. Ellinger said a man walking down the beach promised to do some work for her
neighbor for $75. The neighbor gave him money to get the material and he never came
back. She wanted to know what the union would do if a member of their group did something like to someone in Cholla. Mr. Cornejo commented that this is an example of what they are talking about. The union would know who that person is and make sure that this type of thing did not happen.
Mr. Dugan asked Mr. Cornejo if he was understanding the rules regarding the hiring of
a worker. If he wanted to do work inside his home, he understood he could
do it without hiring anyone. However, if he wanted to do outside work and was hiring someone, he should hire one of their union people to help. Mr. Cornejo admitted that we, as homeowners, can do work on our home. What they are trying to stop is someone going into town and bringing out people to do work, thus taking away work from the people who have been working in Cholla previously.
Mr. Clark said someone is building near his house and the trash is never cleaned up. Ms. Ellinger said Oscar Coca is building and never cleans up and he is not a member of the homeowners.
There being no further business to discuss, Mr. Dugan asked for a motion to adjourn. Motion made, seconded and meeting adjourned at 11:15 AM.
Future Meeting: SUNDAY, JUNE 15, 2008 8:00 AM
SUNDAY, JULY 13, 2008 8:00 AM
Shirley McDonald, Secretary