Jan 19, 2011 Annual Membership Minutes
Steve Bailey, Secretary, declared that a quorum had been met and the meeting was officially opened by Dave Zeemont, President, at 6:10 pm.
Dave welcomed everyone with some general comments and then led a moment of silence in honor of Barry McClure, a neighbor who had recently departed. Mr. McClure's Celebration of Life was going on at the same time as our meeting. Dave updated everyone on the ongoing saga of the Picacho Hills Utility Company (PHUC.) For detailed information, you can contact the PHPOA.
Dave also stated that he had received a call from the enforcement officer at the BLM (thanks largely on the efforts of residents Anna Leunenberger and Judith Miller who had contacted him) regarding ATVers running illegally on BLM lands, cutting through Coronado Ridge properties, and cutting fences, allowing cattle to escape onto Picacho Hills properties which does a lot of damage. He (the BLM officer) emphasized that driving ATVs or any motorized vehicles on BLM was illegal and that the BLM was stepping up its participation in cracking down on offenders. You can contact the BLM officer anytime you spot or hear ATV or 4-wheel activity around the area at 575-649-9110 24 hours a day. He further reminded us that driving on private property (Coronado Ridge) was also illegal and we should call the Sheriff's Department any time we see them (the squeaky wheel gets the grease.) The Board has authorized placing several "No Trespassing" signs around CR to comply with the Sheriff's request so that they can take action.
It has been noted that some ATV/Off Road vehicles belong to neighbors who live in Coronado Ridge. These neighbors should abide by the rules (no entry on BLM land, no driving on streets with ATV, etc. to avoid arrest or other prosecution by the BLM officers or Sheriff's officers.
Dave also reminded everyone that cattle that had escaped (because of fence cutting by off-roaders) and was doing damage had been corralled following a "roundup" led by Tommy Etterling and others. This finally got the attention of the cattle owner, who later tried to rustle his own cattle from captivity. The cattle was finally released due to the expense of having to feed them while in captivity. It was noted that, currently, no fences have been cut since then. No mention was made about the cut wires halfway down Barcelona Ridge Road and the "highway" leading through it; however, Anna had mentioned to the BLM that the access where Barcelona Ridge ends needs to be blocked and patrolled.
The Audit Committee spokesperson, Ronnie Wright, reported that an audit had been conducted on the finances and checkbook of the CRNA and that they had found no problems; however, the Committee did make a few minor suggestions on record keeping such as signing invoices. Members of the Audit Committee include Ronnie, Mary Rita Chapman, and Richard Corona.
Bob Crowley, Treasurer, presented the Treasurer's Report in a power point presentation (see attached reports.) A few questions were asked concerning certain entries and what they meant. Bob answered all the questions and/or referred them to later presentations for clarification. Bob detailed much of the expenditures of the Erosion Control segment, and Al Coelho complimented both Bob and Kelly Dickson for all the hard work they had done on the erosion control projects. Kelly continues to do much of the ground moving work at little or no cost to the Association.
Bob continued his presentation as Chair of the Erosion Control Committee. He pointed out in the slide presentation that this year, they had rebuilt ponds on Lots 88, 104, and 19 for a cost of $9,600. They have begun work on the Lot 34 pond. They also have essentially completed the rock overflow project for ponds 35, 36, and 37 at approximately $28,000. In addition to protecting the houses on those lots, this project will help protect those downstream along our northern border. It must be noted again tha Kelly Dickson has done much of the work at little or no compensation and that the totals would be far higher without his expert help. Thank you, Kelly.
Bob broke down the projects he wants to address in 2011 in three groups — 1. The main retention pond along Barcelona; 2. The hillside along the western border of Constitution; and 3. Other pond issues.
The main retention pond along Barcelona will require at least five more concrete flumes at an approximate cost of $20,000 to complete that project.
The western edge of CR along Constitution will require an estimated $10,000 for dirtwork and rocks to prevent the eyesore all along that stretch as well as greatly reducing the amount of water and silt flowing down onto the road. It was noted that Kelly had already begun some dirtwork toward this project. Also, in an agreement with Picacho Mountain, PM has promised to pay for this project in exchange for a gas booster station to be built on CR land in the future. It was decided that the Erosion Control Committee had to do something about it now and would be reimbursed by Picacho Mountain when they get moving again (in this depressed economy.)
Bob stated that we have 21 ponds in CR — 17 of them on private property. Ponds on Lots 1, 36, 76, 91, and 110 require cleaning and/or repair in the near future.
In answers to some questions, Bob stated that it was impossible to look too far into the future regarding what needs to be done; however, he also stated that we are well beyond the halfway point. Most of what remains is cosmetic repairs and, hopefully, if another major flood occurs like in 2006, we will be much better prepared. Although too early to predict, Bob said that, perhaps as early as next year, the request for a special assessment for erosion control will be reduced and following that, eliminated. The major costs so far have been permanent, one time expenses.
Following Bob's presentation, there was considerable conversation regarding whether or not we, as an association, can force people to take major steps in preventing erosion from their lots. It was inferred that the major culprits were builders. The general consensus was that great improvements have been made over the last couple years regarding private lots and that neighbors were taking responsibility to stop erosion on their properties. Some vacant lots are apparently being ignored by either absentee owners or builders, but overall, most are being maintained according to the CC&Rs. As owners build, they eventually take steps to protect their land as well as that of the Association. The consensus also was that the Association does not want to become a police force and force every detail upon home or lot owners; however, steps are and will be taken for serious offenders. Overall, the erosion and drainage problems have greatly reduced over the last couple years.
Larry Felhauer, Roads Committee Chair, gave a presentation on the condition of the roads in CR. As a review/overview, Larry pointed out that the roads were paved in phases — Phase 1 in 2002; Phase 2 in 2004; and Phase 3 in 2006. Luckily, the roads were high quality workmanship to begin with; however, they are beginning to show some wear. The normal life of blacktop is between 15-20 years. Roads deteriorate due to weather (sun and water); traffic (especially heavy trucks) and oil and other chemicals. A program of regularly resealing the roads will extend the life of the roads for many years ("longer than most of us here will know about" Larry said jokingly, but making a strong point.)
The recommended resealing is for every 2-5 years. Due to the relatively low traffic, it has been decided that we need to go about every 5 years. Done in phases, this means starting one phase this summer and the two next phases over the following two years. This will give us a two year break to save up funds for the cycle to repeat. We have enough money to begin Phase 1 this year. The material will be a water based emulsion, similar to elastomeric stucco paint and will be sprayed on. The alternative, to do nothing, would require us to begin repaving in a few years at a cost exceeding $500,000.
The planned schedule is to begin this summer with Phase 1; Phase 2 in 2012; and Phase 3 in 2013; then nothing in 2014 and 2015. The cycle will repeat in 2016. This schedule, of course, depends on money available. It is planned that each year a request that the annual assessment be increased (and the special assessment reduced) until there is no need to vote on a special assessment each year.
It is important to note that the Board of Directors recently passed a rule that money placed into the Roads Account cannot be used for anything other than road repair/replacement without a 2/3 of those in attendance at a meeting of the entire Membership. Steve Bailey, who proposed this rule, intends to have the entire membership vote on it at the next General Membership Meeting to make it rock certain that it cannot be changed (it was too late to propose it for this year's meeting.)
Dave Wright, Gates Chair, reported that the Board has decided to do repair work on at least the Barcelona Ridge Gate (not the metal gates) and Coronado Ridge Sign at Anthem and Barcelona structures. Estimates are approximately $10,000 to cover repairs, sealing against water penetration, and painting. There is some money for this; however, the proposed increase in the annual assessment will cover the rest. (In answer to a later question concerning what will be done with that increase after the one time work is done, Steve Bailey reported that that money will be placed into the protected roads account.) The work will begin this year.
There was some discussion about the cost of gate repairs. It was suggested that a yearly contract might be cheaper, but Dave reported that he had looked into it and for us, it would cost more for the contract than what we actually pay.
Larry Felhauer added some remarks concerning requests for either tread ripping spikes at the exit gates or an automatic "weight sensitive" strip to allow exit. Regarding the spike strips, he said that, in addition to costing about $2500 per gate, it would be like a speed bump at the exit, the liability would be high, and it would only answer the problem of tripping the exit switch to get in. People could still "tailgate" to enter. He pointed out that we are a gated community, not a walled community. The gates help reduce unwanted traffic, but were never designed to prevent all intrusions. Cameras might help, but would cost about $2500 each to install. Although a lot of people blame workmen for "pushing" the gates open, actually, no scratches have been evident since the metal gates have been re-painted. No consensus of thought was reached.
Dave also said that the antenna at the Barcelona Gate may need some work since you have to be very close to the gate before it opens.
Barbara Rose Farber, Landscaping Chair, gave a brief history of some of the problems we have had with landscapers not doing the job properly. After meeting with and sending the landscaper a letter stating we were looking elsewhere, the quality of the work improved greatly. A few residents pointed out specific details, and Barbara Rose promised to address these issues with the landscaper.
Dave Zeemont conducted the nominations from the floor. No other nominations were offered other than those presented by the Board: Steve Bailey for Secretary and Barbara Rose Farber and Kathy Mayer for the Director At Large position. A motion was made and passed to end nominations.
Steve Bailey, Bylaws Chair, then addressed the group explaining each of the proposed changes to the CC&Rs and answering any questions and clarifying what was proposed. With that done, Dave Zeemont announced that the voting should begin.
The counting volunteers collected the ballots. With no further business, the meeting was adjourned at 8:10 pm.
Although the results of the voting was not determined until after the meeting was adjourned , I am including the results in the minutes. Counting volunteers Dave Wright, Richard and Judith Corona, and Maxine Webber, certified the results and reported:
Secretary (Vote for One)
__YES_____ Steve Bailey
Director At Large (Vote for One)
__YES_____ Kathy Mayer
Ballot Measures General Membership Meeting January 19, 2011
All measures require a 2/3 vote for passage. Proposed by the Board of Directors:\ 1. Acceptance of an increase in the annual assessment ($332.75 currently) for a new total of $350.00 (approximately 5% increase.)\ __91%_____ YES
2. Acceptance of the proposed Erosion Control Special Assessment (one year) of $170 per lot for use on erosion control projects.\ __90%_____ YES 3. Acceptance of the proposed Road Reserve for Sealing/Paving/Repair Special Assessment (one year) of $130 per lot to go into the established Road Maintenance Reserve.\ ___88%____ YES
Proposed changes to the Declaration of Protective Covenants, Conditions, and Restrictions of the Coronado Ridge Subdivision (CC&Rs): 1. Vote to clean up the document, as presented to Members (remove references to Mr. Moscato; remove start-up information; remove sentence fragments; edit for consistency.) Reduces number of pages. These items do not change any intent of the CC&Rs.\ ___100%____ YES
2. On page three, insert: Funds may also be used for the reasonable expenses incurred in communicating with the Membership. Clarifies existing verbiage.\ ___96%____ YES
3. On page three, insert: An amount, not to exceed $250, may be used for CRNA social activities sanctioned by the Welcoming Committee and approved by the Board.\ ___94%____ YES
4. On page three, insert: The Membership may impose upon itself any annual special assessments for specific purposes by the assent of two-thirds of the voting Members who are voting in person or by proxy. Clarifies existing verbiage.\ __96%_____ YES
5. On page four, insert: The Board of Directors shall have the duty and the power by the exercise of its best judgment to see that any construction on any Lot conforms to and harmonizes with the design theme of the Subdivision and abides by the Design Controls.
The Board of Directors may delegate the processing of applications, building plans or other documents required by Design Control to a Design Control Committee, consisting of a minimum of three persons, including the Chair. In the event that the Design Control Committee fails to keep at least three active members, then the Board of Directors shall take over all responsibilities of the Design Control Committee until such time that a minimum of three active Committee Members are appointed by the Board. The Committee must issue a written report of their findings to the Board. Any variance approved by the Design Control Committee must be submitted to the Board of Directors for final approval. All applications for variance must be in writing. The Board of Directors may not approve a variance that the Design Committee has disallowed. The Design Control Committee Chair shall be selected by the President of the Board, with simple majority consent of the Board of Directors. Any Committee Members, whether chosen by the President or Chair, must be approved by simple majority by the Board of Directors. Design Control Chair and Members will serve for a term of two years; however, there will be no limit on the number of terms they may serve. The Design Control Chair or Members may be removed/replaced by a 4/5 majority of the Board of Directors.\ __98%_____ YES
6. Page five, et al, give approval to adding Board of Directors to references to the Design Control Committee to clarify that the Board has ultimate responsibility.\ ___98%____ YES
7. On page seven, insert When an investigation by the Board of Directors determines that an individual Owner is in gross violation of one or more CC&R provisions that occurs after January 20, 2011, the Board shall approach that Owner to request correction of said violation (s). If, in the opinion of the Board, the violation(s) have not been corrected in a reasonable period of time, the Board may institute monetary fines against said owner per the following: Prior to any fine being levied, the Board shall notify the Owner of the violation via phone and/or email and in writing by certified letter. The owner will be allowed a reasonable time from notice of the violation to respond to the Board in writing with a plan of correction or notice that the violation has been corrected. Date of required response shall be included in the notice. If the owner does not respond, or if the Board determines the response to be inadequate to address the problem, the Board may, by a minimum 4/5 vote, levy a fine against the owner. Such fine shall be no less than $50 per occurrence and no more than $200 per month the violation goes uncorrected. Fines for the same offense will accrue to a maximum of 12 months. Within those limits, the actual fine amount shall be determined by the Board based on the seriousness or repeat nature of the violation. The Treasurer shall issue a written notice to the Owner of the fine amount and will note the receivable in the Association records. If a fine remains unpaid for three successive months, the Board shall file a lien against the Owner's property for the total amount of the unpaid fine. Any liens required after the first one will be filed at the Board's discretion. At such time as the lien is satisfied by payment of the fine, plus legal costs, the Board shall have said lien removed.\ __92%_____ YES
8. On page eight, under "Written Records," insert: seven to make it consistent with current law.\ __100%_____ YES
9. On page seven, under "Signs," insert: Board approved signs.\ __100%_____ YES 10.
On page eight, insert: actual expense, replacing $200.\ __92%_____ YES
11. On page ten, insert: or monetary fines to be consistent with proposal number seven, above.\ __96%_____ YES
12. On page twenty-six, insert: For all Committees, no more than one person, per Lot owned, shall serve on the same Committee.\ ___98%____ YES
\ Respectfully submitted,\ Steve Bailey\ Secretary CRNA
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