December 11, 2017 Board Meeting Minutes
President, Dave Zeemont called the meeting to order at 4:30 p.m.
Present were: President, Dave Zeemont; Treasurer, Bob Crowley; Secretary, Debbie McAllen; Director at Large, Dave Wright; Director at Large, Ginger Dickson; Covenant Chair, Steve Bailey; and Operational Gatemeisters, Al Shawala, and Mike DeAntonio.
Residents: Jan and Bob Thune, Sonny and Kathy Mayer, Mike and Lori Buchannan, and Judy Corona.
Minutes: The Board Minutes of November 14, 2017 were accepted as written. Dave Wright motioned to accept the minutes as written. Ginger Dickson seconded the motion.
The Board approved the Secretary’s Minutes without objection.
Treasurer’s Report: Bob Crowley presented the Treasurer report and the proposed budget for 2018. As of date, we are in full compliance with receiving all of our homeowners’ dues.
Dave Wright motioned to recommend the Board to accept the 2018 Budget to present at the General meeting in January, seconded by Ginger Dickson. 5 Ayes, 0 Nays. Motion passed.
Dave Wright motioned to accept the treasurer report as presented, Debbie McAllen seconded the motion.
The Board approved the Treasurer’s report without objection.
President, Zeemont talked about the accident at the gate on Barcelona.
Apparently a truck hit the gate coming into the subdivision. A police report has been filed. Apex will be called out to fix it.
Correspondence: Secretary, Debbie McAllen read a letter received from Will Lamarre and RoseMarie Levasseur thanking the Landscape Chairperson on a job well done in keeping landscaping a priority for our subdivision.
Committee Reports:
• Gates: Al Shawala doesn’t foresee any problems with the operation of the gates but they need to be repainted. A motor may need to be replaced by the Barcelona gate in the near future. He suggested putting actual cameras that work at the gates and will talk to Apex about the possibility. Mike DeAntonio will take a look at upgrades on the software aspect of the gates but currently things are running smoothly.
• Erosion: Bob Crowley had no report. Sonny Mayer brought up the subject of people not taking care of the erosion on their property. These people have been contacted in the past and the majority of them have taken care of the situations. For those that refuse to take care of the erosion, if it runs into our community streets, we clean it up and bill the residents for the service we provided. So far, they have all paid for any occurrences.
• Web Design: Kathy Mayer reported the covenants are up to date on the website. The signature page was the only thing missing to complete what is on the site. She contacted the computer people to include that with the 2014 covenants.
• Landscaping: Secretary, Debbie McAllen read Carrie Gaddy’s report. "Landscaping and new drip have been completed on Anthem strip and entrance. Several trees will be planted this week with rock to follow. Kelly is working on erosion control, east and west side of Anthem, followed by rock. Fountain has been repaired, waiting for lights/plaster."
Judy Corona asked if we received an answer on the cost of beautifying Barcelona that she asked last month. We still have no answer to that question but we will ask Carrie Gaddy to ask Extreme Landscaping for a quote.
• Design Control: William Weber, Design Control Chair was not at the meeting to present a report. Kathy Mayer questioned about the process of informing neighbors about potential construction to existing homes. She thinks the address and description of construction should be included in the minutes. Dave Zeemont explained that most requests don’t come through the Board but go through the Design Control Committee. However, last month the request came to the Board first and was then passed onto the Design Control Committee therefore it was included into last month’s minutes. Usually if it goes to the Design Control Committee first, it never comes to the Boards attention unless there is an appeal.
Jan Thune voiced her opinion on the process for approval of plans by the Design Control Committee. Decisions from the Design Control Committee, such as variances, construction, should be included into the minutes so that people know and are not in the dark. Discussion ensued about the Design Committee coming to the Board for anything off of the original covenant restrictions. Bob Thune reported that their situation would be going to court. Steve Bailey explained that since he is threatening a lawsuit, the Board is not able to discuss Thune’s situation at future meetings. Steve re-asked Bob Thune if he is for sure filing a lawsuit, Bob Thune replied yes, therefore Steve answered, "For the record no discussion regarding Thune’s situation will be discussed at future Board meetings due to litigation."
Steve Bailey explained the potential changes to the Covenants of the Design Control. The change he is proposing is allowing the Design Control Committee a reasonable time to meet and get back to the applicant within thirty rather than seven days. There was discussion regarding the need for the Design Control Committee to respond to resubmit plans within seven days to acknowledge receipt of the resubmission and for a decision to be rendered within 30 days. Steve Bailey agreed that this would be rewritten to provide greater clarity. Should it not be passed at the General Meeting in January, he suggested that the Board make it into a policy after the January meeting.
Mike Buchanan spoke with the Board and presented his appeal to the Board to be distributed to the Design Control Committee.
Again, discussion ensued on the process of approval. The Board will be in contact with the Design Control Committee to make sure the process is done correctly by having three of the members present and not just two members when making a construction decision. Ginger Dickson noted that Article IV-Design Control, subsection 2, as currently written, does not provide clarity regarding the rights of homeowners to appeal a decision of the Design Control Committee. In fact, it limits the Board’s ability to allow due to process equally to all homeowners. There was additional discussion regarding the need for clarity. Ginger Dickson proposed changing the covenant to read more clearly. She agreed to have the proposal written and turned in to Debbie McAllen by Wednesday so that the Association in January can vote it on. Kathy Mayer asked if William Webber sends a rejection or acceptance letter to the Board on their decision. President Zeemont stated that normally he just verbally tells the Board if he accepted a proposal. In this instance with the Buchannan’s, Zeemont asked for a copy of the rejection letter. Jan Thune stated never receiving any information from William about the addition next door and Bob Crowley replied that they weren’t entitled to a letter except as a matter of courtesy. It should have been given to them as a courtesy but not as a matter of right. Steve Bailey stated that it was suggested that the Covenant Chair sit in discussions with the Design Control Committee. The Board will have to make it into a policy after the January meeting.
Bob Thune stated and made comment that during this meeting a lot of discussion is about neighbors being informed and this should be included into the minutes. He was never given the opportunity and a policy should be in place. He stated how they have a block view of the Picacho Mountain, which is part of the Organ Mountain by actual Federal definition. Discussion ensued whether or not we were in compliance with the CC&R, President Zeemont asked that we not to get into it, Bob Thune replied it will be settled in court.
Steve Bailey will go through the CC&R’s and draw up exactly what the relationship is between the Board and the Design Control Committee and the list of things the DCC has to do or follow. He will present it at the next CRNA meeting in January as a guideline for the Board.
• Nomination Chair: Steve Bailey asked Dave Zeemont if he would be running as President and David Wright as Director at Large for another two-year term. Both replied yes.
• Covenant Chair: Steve Bailey reviewed and submitted changes to CC&R’s. Strong opinions and discussion ensued. Changes will be sent to members on Sunday, December 17th for residents to review and vote on at the General Meeting on January 17th at 6:00 pm in the Organ Room of Picacho Hills Country Club. Bob Thune declared that he would like to be placed on the agenda for the January 17th meeting. He is to submit in writing to Debbie McAllen of this request by the 17th of December. Ginger Dickson also asked if the proposed changes to the CC&Restrictions would be accompanied with the current version in order to prevent confusion as to what changes were being proposed. Steve Bailey confirmed that this had been done in the past and would be done in January.
New Business:
Ginger Dickson thanked Judy Corona and Kathy Mayer for the beautiful wreaths on our gates.
Bob Thune stated his wife sent a request to the Board for information relative to the lawsuit. He asked the Board if they had the contractors list. President Zeemont replied after speaking with our litigation team, he was going to discuss this with the Board under Closed Session. Bob Thune stated the covenants clearly read that when a person uses a contractor they need to be licensed contractors and or licensed subcontractors approved by the Design Committee. They want the names and receipts of the licensed contractors. Dave Zeemont told them they could get that information from the County Building and review the County’s records. Bob Thune said "we needed to pass this by our attorney because we are going to see this in court. We want the list and if we fail to provide that list…. " Bob Crowley interrupted Bob Thune and stated "Under Threaten Litigation, the Board is not going to provide you with anything. File the lawsuit, you can get all the legal discovery you want". Bob Thune restated Bob’s Crowley’s statement as "You refuse to provide …" and Bob Crowley interrupted and responded "Under Threaten Litigation we are refusing to provide that list".
Motion was made to adjourn the board meeting to go into Closed Session by Ginger Dickson, seconded by Dave Wright. All voted Aye
The next meeting of the Board will be held on Monday, January 8, 2018 at 4:30 p.m. at 1236 Regency Court. All are welcome; however, always check with the Secretary to make sure the meeting date has not been changed due to schedule conflicts.
Meeting was adjourned at 6:13 p.m.
Submitted by Debbie McAllen, Secretary