Three Canyons Ranch Master Homeowners' Association P. O. Box 970 Hereford, AZ 85615 Board Meeting Minutes November 13, 2002 Members Signed In: Bev Pickering, P.J. and Jim Picard, Liz Woods, Dave Brown, Tommy Stoner, Nancy Howard, Sue and Bob Schneider, Bill and May Sawards, J.C. Russell, Ron Slyter, Doug Hocking, Robert Stachel Board Members Present: Tom Pickering, Evans Guidroz, Gerald Chouinard, Jim Dobis, Darryl Crowley, Jim Arndt, Gary Brock, Rita Doyle, Jack Dempsey Board Members Absent: David Paris, Gene Mundt Call to Order Acceptance of October 9, 2002 Minutes The October 9, 2002 minutes were accepted with the following corrections: Under Committee Reports, Master Design Committee, the motion to increase dollar amount to provide a fire proof file cabinet was made by Jim Dobis not Tom Pickering. Item 3 under Design Committee Fine Schedule should read Jim Muldowney instead of John Sauter. President's Report T. Pickering gave kudos to the following families for having put up the collateral for our loan against 3 Canyons Road improvments; Israel, Guidroz, Slyter, and Mountjoy. The collateral was in the form of CDs and the bank recently released those obligations because of the timely manner in which the Association was making payments toward the repayment of that loan. Thank you! Call to Membership Tommy Stoner stated there was a proper procedure for adding members to various committees and the Board was not following that procedure. J.C. Russell asked who he could contact regarding lighting at the entrance to Vista del Oro. He was referred to the developer, Marty McGarry. Ron Slyter asked what was happening on the gate, when the damage sustained within the last week will be repaired and when will remotes be available. Tom Pickering told him these items would be covered in the committee report. Acceptance of Agenda The agenda was accepted with the following additions: Under Old Business, location change for monthly meetings. Under New Business, sign purchase and line of credit. Treasurer's Report J. Dempsey reported the following account information: Regular Fund $25,453.43 Capital Fund $22,542.04 Line of Credit remaining $38,360.55 Principal owed $244,139.46 Jack circulated a letter from CPA, Jim Varga, regarding his observations of the Association books resulting from his preparation of the tax returns. That letter is attached. (NOT INCLUDED IN E-MAIL) Attorney's Report 2001 assessments are paid in full. 2002 assessments are paid with the exception of some eight members. Still receiving returns for bad addresses. Wildhorse II assessments - recently received ownership confirmation and assessments will be mailed on 11/16/02. Status of Obtaining Full Legal Right to Access the West Gate and Property - With change in management at Castle & Cooke, we are still waiting for a response to the proposed gate modification and grant of easement Status of Quit Claim Deeds - The deeds will be mailed over the next week after confirmation of changes due to recent ownership transfers. Legal advise regarding road - Counsel met with the Board of Directors and provided legal advise regarding conveyance of roadway . Discussion w/ Counsel: J. Arndt asked if the finalization of the agreement with Castle and Cooke could be hastened as repairs are required on the gate and under the agreement, C&C would responsible for 50% of maintenance costs. Discussion took place regarding the status of the gate and whether or not it was considered operational; it is at this point that C&C is involved with maintenance of the gate. Jim Dobis confirmed the gate is operational. G. Chouinard suggested the attorney contact C&C regarding the operational status of the gate and the need for them to get involved. In the meantime it was decided to proceed with repairs and those costs would be forwarded to C&C. Questions regarding the Quit Claim deeds and how they would effect property owners who would fall below the minimum 4 acre requirement of the County's RU4 zoning have been a concern. Counsel spoke w/ Judy Andersen from the Planning and Zoning Department. She expressed her reservations even though she acknowledged that the density of 4 acres per residence would be met. It was emphasized that Judy is not a governing body and was only providing an opinion. In the event the property owners encountered difficulty obtaining building permits, it was suggested that the Board support the property owners by communicating with the governing body (P&Z or County) in question. In the event a building permit was denied, Counsel said the property owner would have recourse, as the ruling could not be capricious or arbitrary. Property owners with 8 acres or more would not be affected as the RU4 zoning requirement would be met. This action is necessary because the CC&Rs provide for conveyance of the land if the property fronts 3 Canyons Road. T. Pickering asked Counsel to relay his opinion regarding the Master Design Committee fine schedule, Counsel stated as long as due process was provided for (i.e., a hearing before the Board), the procedure was fair Committee Reports Master Design Committee - D. Crowley reported the committee met on Monday and finalized approval on one home that had been pending. In addition, three new homes, one wall and one fence were also approved. Governing Documents - J. Picard proposed new wording for Master Declaration 20.1. The Board suggested the change in wording be reviewed by Counsel and if approved, it would be reviewed and voted on by the Board at the next meeting. J. Picard suggested the membership be mailed a letter detailing the importance of responding to the request to vote on the new wording, in advance of the actual mailing. A second letter with instructions on how to cast the vote would follow. These draft letters will be reviewed by Counsel first and discussed at the next meeting. Jim to provide Tom copies of the change in wording and two letters to the membership. J. Picard also mentioned his review of the Association Rules indicated a need for editing, since the wording occasionally differed from the CC&Rs. J. Picard to review and make corrections where needed. One of the rules in question concerned the staggering of terms for the Board of Directors. It was decided this could be rectified at the annual meeting held in July 2003. Gate Committe - J. Arndt gave a status report of the gate which is attached to these minutes and, therefore, will not be repeated here. Again, those members wishing access to the gate need to fill out the enclosed data sheet, include a copy of your car registration and return it to the HOA, Attention: Gate Committee. To obtain RF openers for the gate, enclose a check made payable to the 3 Canyons Ranch Master HOA. The charge is $30/ RF opener. If you have any questions regarding the procedure for obtaining access or RF openers, contact Jim Arndt at Arndt8620@aol.com, or (520) 366-0122. Regarding the committee's observation that the controlling of exit activity would compromise the optimal functionality of the gate, a discussion took place which included the following comments: J. Arndt suggested that to improve the performance of the West gate, we start getting quotes for an East gate which would reduce the overall traffic flow. J. Dobis suggested the purchase of another processor ($1,500) which could assist the handling of exit activity on the West gate. D. Crowley suggested to expedite the East gate, give the Rio Rancho residence remotes and access to the East gate, (they have legal access to use 3 Canyons Road to the east) or possibly asking them to bear some burden for the road and assess them an amount for full access to 3 Canyons. All agreed the West end gate is a priority due to the money already invested. J. Arndt will get quotes for an East end gate while working to have the West gate operational by January 6, 2003. He will also attempt to find a contractor to handle maintenance issues when they arise. T. Pickering suggested that the necessary repairs to the West gate be made and the invoices sent on to Castle & Cooke. Road/Sign Committee J. Dobis reported the theft of a speed limit sign. Refer to New Business item for further details. Old Business Quit Claim Deeds - In follow up to the Attorney's report, T. Pickering stated that when the land fronting 3 Canyons Road is conveyed to the Association, it would result in a tax burden to the Association. D. Crowley made a motion that the Quit Claim Deeds be mailed. G. Chouinard seconded. Motion passed. T. Stoner asked if there had been a closed meeting to discuss this issue. T. Pickering responded yes. The meeting was held at the Attorney's office on November 6, 2002. Subscription Instructions - The mailing of the monthly minutes will cease as of January 2003. Members wishing to continue to receive the hard copy by mail are requested to send a check in the amount of $15 (covering one calendar year) payable to the HOA, to the address on the letterhead. Please make a notation on the front of the envelope, Attention: Subscriptions. You are reminded that an electronic copy of the minutes is available either on the Website or through the monthly email distribution. Contact J. Arndt at Arndt8620@aol.com for further information.
Location change for Monthly Meetings - J. Chouinard proposed a change to where the monthly meetings are held. See the September 2002 minutes. J. Arndt made a motion we meet in the new location for the February 12, 2003 meeting. It was seconded by J. Dobis and passed unanimously. The new facility is called La Purisima Retreat Center. It is approximately 2 miles south of 3 Canyons Road, just off Hwy 92S. Take Hwy 92S to Stone Ridge Road to the right. It's the first building on the left with a blue roof. If you have any questions, contact a Board member for more information.
New Business Confirmation of E. Guidroz - J. Dobis made a motion that E. Guidroz be the Board liaison to the Election Committee. D. Crowley seconded. Motion passed. Advising Property Owners w/ splits resulting in less than minimum of 4 or 8 acres T. Pickering mentioned a situation were 40 acres were split resulting in lot sizes of 7.99 acres and the property owners wanted to be assessed for only 7 acres. It was decided that the Attorney would draft a letter advising those property owners that if they pay for only 7 acres, they would be unable to build on that 7 acres as it did not meet the minimum 8 acre requirement. Board members felt that property owners could not have it both ways - pay for 7, but be treated like they had 8. Cardinal & Stachel request to list 3 Canyons HOA as a client D. Crowley made a motion that the Board allow Cardinal & Stachel to list HOA as a client. E. Guidroz seconded. Motion passed. Sign Purchase J. Dobis stated one speed limit sign that had been stolen needed to be replaced. He also made a motion to place mile marker signs every half mile along both sides of 3 Canyons Road. He stated it would be helpful when calling the Border Patrol to report illegal activity and further if an incident occurred it would be helpful to report exactly where on 3 Canyons. The cost for these signs, including the replacement sign would be $800. Discussion: J. Picard thought the expenditure of $800 for mile markers frivolous, and suggested we were harking back to the Burma Shave sign era. D. Hocking remarked that although well-intentioned, we had street signs along 3 Canyons that could be referred to in order to have a precise location. D. Brown thought the signs were a good idea for identification purposes. J.C. Russell asked about reflectors on the west end of 3 Canyons so the turn off would be more visible from Hwy 92 at night. J. Dobis reported that ADOT was planning a 5 lane road improvement to that portion of 92 that borders the west end of 3 Canyons Road. Road work to be started in the Spring 2003. Line of Credit - J. Dempsey made a motion to withdraw the line of credit ($38,000) to put into a money market account so it would be available for further gate construction. D. Crowley seconded. Passed with G. Chouinard opposed. Call to Membership N. Howard asked about the culvert work just east of Oakridge Road and expressed her concern that the work was exceeding the borders. J. Dobis said the work was not yet completed, the contractor was on vacation. M. Sawards requested some clarification regarding the West end gate and the involvement of Castle and Cooke. T. Pickering explained the gate was on C&C property, but the Association was given use of the land for the purpose of the gate. She asked about the East gate and Rio Rancho property owners having access. Again, T. Pickering explained that the developer had given legal access to Rio Rancho to use 3 Canyons Road to the East. B. Sawards asked about Quit Claim Deeds and common property. T. Pickering explained the CC&R required property owners fronting 3 Canyons to convey portion of their land to the HOA in order for the road to be Association common property. T. Stoner asked for the document no. of the Castle & Cooke agreement. It was signed August 23, 2000 and is recorded as #000823486. T. Stoner stated it was illegal to put a fence up at Bloomfield and 3 Canyons and that the Association only had the right to fence common area. D. Hocking asked about contractor access to the West gate and was referred to J. Arndt. T. Pickering announced the next Board meeting is scheduled for December 11, 2002 and Sheriff Dever would address the meeting. The meeting was adjourned at 7:25pm. The next Board meeting is will be held at: Southeast Arizona Association of Realtors 125 South 2nd Street Sierra Vista, AZ 85635 Rita C. Doyle Secretary Reminder: The monthly distribution of the minutes will end as of January 1, 2003. To arrange receipt of minutes via email, contact J. Arndt at Arndt8620@aol.com Enclosures:
GATE COMMITTEE STATUS REPORT
NOVEMBER 13, 2002
STRUCTURAL : The exit control box was damaged sometime Saturday night Nov. 9,
2002. No repairs have been undertaken due to the uncertainty over who owns
the gate and who is responsible for repairs/maintenance (Castle & Cook
or 3 Canyons HOA). As soon as the legal issues are cleared up a search for a
maintenance provider will be initiated. It is recommended that the exit
control box be strengthened at the same time. The security tape recorder was
not functional during the vandalism and will also have to be evaluated.
SOFTWARE: All of the erroneous data entered has been removed from the data
base and correct data has been entered from the new data sheets sent in by
the membership. Members are invited to review their name in the data base by
scrolling through the control box at the entrance. Your name can be changed
if you wish, within the 19 character limit. The phone number entered
(residents only) can be tested by entering the 3 digit code associated with
your name.
DATA STATUS: We have not received all data sheets from the membership. In
fact only 4 Board members have submitted a data sheet. If any member
requiring access has not submitted a new data sheet, please do so now so
that the data base will be ready for start up.
TOTAL SYSTEM COORDINATION: The gate committee has run three separate test of
gate functionality. While various parts of the system have been operational,
the gate committee has been unable to run the gate through a full exercise to
validate mechanical and software functionality from set up, through to report
generation. The next scheduled test has been set for Thursday Nov. 14,.
RECOMMENDATIONS:
1) The legal issues surrounding ownership of the gate and maintenance
issues need to be resolved with utmost haste.
2) January 6, 2003 be established as the gate start up date.
3) The following need to be included in the months minutes.
Request to all members to submit the gate data sheet if they have not
done so.
Request to members who have requested access code only to send a copy
of their vehicle registration to the gate committee.
Request to members who have requested RF openers and access code to send
a copy of their vehicle registration plus a check for $30.00 per opener
to the gate committee. Check to be made out to 3 Canyons H.O.A.
Access codes and RF openers will be mailed upon receipt of the above
requested items. Full operational directions will accompany the codes
and openers.
COMMITTEE OBSERVATIONS:
The gate, software and software devices can do an excellent job of
controlling entry. The systems are degraded however, because of the effort
to try to control exit activity. We feel that the system will be sub optimal
and compromised until a gate is installed at the East end of 3 Canyons Road
and an exit loop is installed at the West gate.
GATE DATA INFORMATION
We have created the database from information sent in by members of 3 Canyons
Ranch Master Homeowners' Association. If you desire access through the new
West gate and you have not submitted this form and you must do so now to be
identified to the computer system operating the gate. You can request an
access code for manual keypad entry (free) or request an RF remote opener for
each of your family vehicles for $30. each. In either case you must provide
the following information. All fields are required and will not be shared
with anyone outside the gate committee. Please include your payment and a
copy of your vehicle registration. NOTE: WE ARE ONLY INTERESTED IN YOUR
ADDRESS, PLATE NBR. YEAR AND MAKE. ALL OTHER INFORMATION ON YOUR REGISTRATION
CAN BE BLANKED OUT.
Please check one of the following. I am a:
- Resident of 3 Canyons R.M.H.A.
- Private Property Owner
- Construction Company Property Owner
Select your choice of entry method:
- I wish to have access code only.
- I wish to purchase ____ RF remote openers in addition to access code.
Tax ID / Parcel Number (example 104-27-050J)
__ __ __-__ __-__ __ __ __
Section
__ __
Name (please print)
________________________
Address
________________________
City, State, Zip
________________________
Phone Number
(__ __ __) __ __ __- __ __ __ __
If you have submitted this form, please send your payment and a copy of your
vehicle registration now. NOTE: WE ARE ONLY INTERESTED IN YOUR NAME,ADDRESS,
PLATE NBR. YEAR AND MAKE. ALL OTHER INFORMATION ON YOUR REGISTRATION CAN BE
BLANKED OUT.
Please mail to:
Gate Committee
3 Canyons Ranch Master Homeownersâ?? Association
PO Box 970
Hereford, Arizona, 85615
Make checks payable to: 3 Canyons Ranch Master Homeownersâ?? Association
Last updated: 21 November 2002 by REW.