Three Canyons Ranch Master Homeowners' Association
P. O. Box 970
Hereford, AZ 85615
Board Meeting Minutes
March 12, 2003
Members Signed In:
Members Signed In: Tommy Stoner, Nancy and Paul Howard, Bill and May Sowards, Christine Paris, Sue and Bob Schneider, Ron and Judy Slyter, P.J. and Jim Picard, Liz Woods, David Brown, Ronnie Mestaz, Dave and Pat Angell, Beverly Pickering, Gretchen Heinauer, Grant MacLean, Jim Muldowney Board Members Present: Tom Pickering, Evans Guidroz, Jim Arndt, Rita Doyle, Jack Dempsey, Gene Mundt, Darryl Crowley, David Paris, Gerald Chouinard, Gary Brock Board Members Absent: Jim Dobis
Call to Order
Acceptance of February 12, 2003 Minutes
The minutes were unanimously accepted.
Acceptance of Agenda The agenda was accepted. Call to Membership R. Slyter expressed his concern with the delay of the operation of the west gate. He said we were years behind and if we continued to allow access for 10 years, we will be unable to restrict access. He said he was unhappy with the plans for an exit loop and asked that the Board reconsider its' decision. T. Pickering said a discussion regarding the west gate would occur as part of the gate committee report. B. Schneider said he had a question regarding Quit Claim deeds. This was an agenda item and would be discussed at the appropriate time. G. Heinauer asked if Bloomfield access could be restricted with a temporary gate because the traffic had increased enormously since the gate was pulled out. This would be discussed in more detail when this agenda item was covered. President's Report T. Pickering announced that documents governing the Association could be obtained by contacting Cardinal & Stachel. There would be a nominal charge for copying. Recent new owners were reminded they could contact the title company who handled their closing and request copies from them. The proliferation of email messages making accusations about committees/individuals has to stop. Some people are not in favor of the way the Board is proceeding, but all actions were voted on and will be carried out. If people are permitted to use any thoroughfare for a period of 10 years without any action to restrict their access, it becomes a legal thoroughfare. If action is taken by the property owner(s) to limit access, that action is enforceable. The gate will start with the exit loop in place. The recording of license plates for those without legal access will be taken by security/volunteers and an effort will be made to notify them by letter that they are trespassing on private property. Members were encouraged to bring up their concerns at the monthly meetings, not by email. G. Chouinard said the private road/gate has been addressed and should no longer be an issue. The double gate, access in and out, the use of spikes, the ability to exit westbound were all discussed and voted on. When the east gate is in place, perhaps the exit loop could go. These issues will need to be addressed at the time. There are lots of problems, the question is how do we work around them? It seems like a form of extortion, do we cave in or stand firm. J. Arndt has been verbally abused when he has been up on the west end testing the gate. G. Chouinard suggested that money be spent to hire security in uniform as people respond to uniforms. Or perhaps volunteers could be outfitted in uniforms. He said the Association had better be prepared to spend some money when the west gate goes into operation. He suggested a firm that is insured, licensed to carry weapons, whatever it takes. T. Pickering suggested that during the first week of gate operation volunteers take 4-5 hour shifts to answer questions and to be there in case gate problems are experienced. Eventually word will get out that the west gate is operational, and we can see what happens. Then we can address things like security, exit loop, etc. G. Chouinard asked if the volunteers would be in uniform? T. Pickering answered that the individuals who work as volunteers with the Sheriff's Department, like R. Slyter, are outfitted with uniforms. G. Chouinard suggested orange colored vests for visibility. E. Guidroz said about 3 years ago the Association hired a security service in town. He would prefer a uniformed security service be at the gate when it is first operated. G. Chouinard agreed that most of the problems could be expected in the first hours of operation, mostly at night. T. Pickering suggested this subject be discussed again during the gate committee report. Treasurer's Report J. Dempsey reported the following account information: Regular Fund $21,226.89 Capital Fund $56,538.88 Principal owed $282,500.01 Attorney's Report Administrative - Cardinal & Stachel's office is available to notarize the 3 Canyons Road Quit Claim deeds for members at no charge. Castle & Cooke - Counsel met with the new C&C representative, Rick Coffman in February to discuss the west gate easement/leasehold. On March 11, Mr. Coffman informed counsel that the CA attorneys representing C&C have been delayed by other business and unable to complete their review on the revision documents prepared by the Association. Mr. Coffman was confident he would receive such review by next month's meeting. R. Stachel said C&C had received the maintenance bills the Association sent and was anxious to get maintenance out of their hands and into the hands of the Association. T. Pickering asked if C&C was aware the gate would be operational soon. Counsel said C&C understood the gate was operational. Bloomfield gate - Counsel was asked to review the easements associated with the Association's gate at Bloomfield and Kings Ranch Road. A cursory examination of the easements purportedly affected by the gate reveal reservations of easements along the East 30 feet of the Northeast quarter of Section 26. Counsel was unable to locate an easement along the East 30 feet of the Southeast quarter of the Northeast quarter of Section 26. The question posed to counsel was whether the Association could rebuild the gate which was located at the Bloomfield Road and Kings Ranch Road intersection and was recently destroyed. Counsel's initial response is made in the form of a question, "Is it not simply a maintenance issue?" The gate was put there to provide security. G. Heinauer said there has been a significant increase in traffic since the Bloomfield gate was destroyed. J. Slyter reminded the members that when a counter was put on 3 Canyons Road a couple of years ago it recorded 10,000 vehicles/month. R. Slyter said some traffic was recorded at speeds in excess of 80 miles per hour. R. Stachel said the Association had the right to protect its borders. He suggested disincentives be in place to discourage illegal access, i.e. the Bloomfield gate be repaired and maintained to keep border secure. He said it was the responsibility of property owners to secure Association boundaries on their land, and the Association had the legal right to address homeowners who failed to do so. Section 26 presents a unique problem because it is convoluted and includes both non-members and members of the Association. The question was raised whether a 3 Canyons member could dedicate an easement providing access to non-members. Counsel said his legal opinion is No." They would be subject to the boundaries within 3 Canyons. E. Guidroz said the Bloomfield gate had been surveyed to go on the property line. J. Arndt said the subject of relocating the Bloomfield gate to the North came up for two reasons; the Bloomfield gate was not on 3 Canyons property and therefore money can not be spent to replace it; and Section 26 members have access to the area now being restricted by the gate. He said the fact that members on Bloomfield do not have legal access to 3 Canyons Road is a serious issue and makes the decision about the gate more difficult. J. Slyter stated an easement containing the telephone poles along Calle Cielo Grande 30' along the East boundard was unconveyed. J. Picard reminded the Board that this is the forth time these easements have been researched, and each time it is clear that those members on Bloomfield do not have legal access to 3 Canyons Road. R. Stachel said he did not do research to see if Bloomfield residents could go North to 3 Canyons. He said the Association is not the arbitrator of easements, the individual property owners were responsible for enforcement of easements on their land. Ownership List - J. Arndt asked about getting an up to date version of the membership list. R. Stachel said the old version of the list, rather than the updated version was being printed out due to a software problem. He thought the software problem had now been corrected. He also stated one problem might be that his office receives 10 - 15 notices of transfer from Pioneer Title Company to every one transfer from Fidelity Title Company. J. Arndt said he had neighbors who do not appear on the list and that there were only four changes identified between the February 2003 and March 2003 lists. R. Doyle said she submitted an address change several months ago for a person whose house is under construction in 3 Canyons, and the membership list still has them living in Brick, NJ. R. Stachel said he would provide J. Arndt a new list to ensure the software problem had been addressed. He also said he could be contacted directly at rstachel@cardinalstachel.com. Committee Reports Election Committee - R. Slyter said the committee met on 2/17 and came up with following recommendations: 1) Voting right suspension - In accordance with Master Declaration Section 3.1.3. the Master Association hereby suspends the voting right of an Owner during any time in which any assessment respecting such Owner or such Owner's lot or parcel remains unpaid and delinquent. As per ARS 33-1803, a payment by a member is deemed late if it is unpaid fifteen or more days after its due date, unless the community documents provide for a longer period. Other supporting authority: ARS 10-3721, Master Association By Laws Section 2.11. 2) The official ballot and return envelope that has been used in other past meetings be referred to as the official ballot for the 3 Canyons Ranch Master Homeowners' Association's annual meeting scheduled for July 26, 2003. 3) That use of a designee or "Proxy" must be notarized giving voting authority to said designee as part of the official ballot. 4) That 100 feet from the place of the annual meeting be established as an area where campaigning for said office cannot be conducted; to include handouts, badges, banners, or other items for the purpose of seeking election to the Board. 5) The committee encourages the Board to look into having an outside HOA group for management of the association to include the proper running of the elections. E. Guidroz made a motion that the Board accept the recommendations as Association rules. G. Chouinard said he needed to look at the recommendations before voting. He requested more time as this is the first he heard of these recommendations. E. Guidroz agreed to table this discussion until the next meeting. R. Slyter to provide copies of the recommendations to Board members. Governing Documents Committee - R. Doyle read the original wording concerning Master Declaration 20.1 and the proposed changes to the wording submitted to Counsel for his opinion. The proposed wording: Amendments shall be adopted after all members have been duly notified and the following conditions are met: (1) fifty percent 50%) or more of the total membership votes have been cast, and (2) two thirds (2/3) or more of the votes cast consent to the amendment. Counsel says the wording is fine, and will not change the last sentence of Section 20.1 concerning land use classifications or density of intensity of uses. G. Brock made a motion that the proposed change in wording be accepted. Seconded by J. Arndt. G. Mundt clarified that if approved it will not affect the 80% vote concerning land use/density issues. R. Stachel confirmed that the Section of 20.1 requiring the 80% vote would not be affected if this vote were approved. J. Picard said that the motion should include the approval of the letters that would be mailed to the membership. T. Pickering said Board approval for the letters was not necessary and could be sent under the discretion of the committee. T. Stoner said the proposed wording changes were fashioned after AZ state statute minimums. G. MacLean asked how do we get the members to respond. He suggested a very succinct postcard be used. J. Picard said two letters should be sent to the membership. One explaining what the Governing Documents Committee was trying to accomplish, letting them know the actual voting ballot was to follow; and the actual ballot. J. Arndt suggested we plan for a campaign. J. Picard and G. Brock said they might possibly include self-addressed stamped envelopes. They reminded the membership that a telephone campaign had been tried in the past and failed. J. Picard thought it would be advantageous to get this done before the annual meeting. J. Muldowney suggested the package be sent with the annual assessments. T. Pickering stated the committee saw this as a two part plan. J. Slyter asked if a vote could be taken by the website. J. Picard said authenticating signatures was a problem when voting by computer. G.Mundt said we would not have enough time to prepare for a membership vote by computer. R. Stachel said we could make the ballot available on the website. The motion was approved with J. Dempsey abstaining. G. Chouinard asked if he could see the wording changes. J. Picard reminded the Board they had received a copy at the November 2002 meeting. J. Picard asked what the source was for the membership list database. Counsel said that most of the information was obtained from the owners themselves. Some changes were provided by title companies. R. Doyle said it would be imperative to obtain the mailing labels from an accurate membership list. She said 14 copies of the last mailing of minutes in December had come back for bad addresses. R. Stachel asked if members could send address changes through the website. G. Mundt said not unless there was a link directly to Cardinal & Stachel. G. Chouinard said he would check with B. Weissler to see if it could be done. Gate Committee - J. Arndt said the community clean up was scheduled for Saturday, March 22. Meet at the west gate with garbage bags and gloves at 10 00am. Sunshine Sanitation will pick up trash in bags along 3 Canyons Road for a charge of .25/bag. J. Arndt reported the lighting should be in and working by March 20. The gate closure is tentatively scheduled for Thursday, March 27 (depending on whether paving can be scheduled by then). Volunteers are needed to man the gate during daylight hours to instruct gate users and to resolve problem areas. All volunteers will be provided with problem and resolution procedures. Contact J. Arndt at 366-0121. T. Pickering asked if the gate could be operational without the paving been completed. J. Arndt said that would be flirting with disaster since there was a cable exposed. E. Guidroz reiterated the need for security personnel in addition to member volunteers. R. Doyle to call AZ Rangers to find out what they charge for security jobs. J. Picard suggested some off-duty police officers who were looking to moonlight. G. Brock agreed a security guard would be necessary. T. Pickering asked if we should set a budget, and get authorization to proceed. G. Chouinard suggested a budget of $10,000. J. Dempsey said he was choking at the suggestion of that high a number. G. Choinard revised his suggested budget to $4,000. E. Guidroz seconded. D. Crowley said the last time the board hired a security firm he thought they charged somewhere between $10-12/hour. T. Pickering reiterated the motion for a $4,000 security budget to be used by the gate committee. B. Sowards asked if spikes could not be used instead of security people. J. Arndt explained that there were many more issues that spikes would not address. R. Stachel suggested the Board contract with a security organization so that we could verify they are insured. N. Howard asked if the gate itself was insured. T. Pickering responded that the gate was insured. The motion passed unanimously. J. Arndt asked that he be allowed time to discuss the exit loop and why the Board voted to put it in. He said the original keypad which was intended to be used to exit the gate was designed as an entrance keypad only. He said any visitors exiting through the gate would be required to have a member's access code to get out. He said in no time at all access codes would be severely compromised. In addition, the original keypad had been vandalized and was likely to be vandalized again. There was also the matter of providing an exit loop for the Palominas Fire Department. It was decided that rather than spend good money after bad, the exit loop be put in and the exit keypad be omitted. When this decision was made we understood there would be problems, but thought it best to proceed in this manner. We will plan to gate the east end just a soon as funds permit. R. Stachel asked about the feasibility of an exit code that changed monthly. J. Arndt responded it would be a logistical nightmare. R. Doyle added it would be a nightmare even if all members lived within 3 Canyons. Trying to get exit access codes distributed monthly to property owners living elsewhere would be impossible. While acknowledging the current plan was not perfect, she said if a person on their way to work was turned away after reaching the west end gate, they would probably not be inclined to try again. R. Stachel said violator's license plates could be recorded and letters from the Association sent to remind them they were trespassing. Master Design Committee - D. Crowley reported that the committee approved 5 new submissions and had another 6 that were pending. P. J. Picard said complaints to the MDC should be in writing and signed. Send to attention of MDC at the Association's mailing address. She also reported that the county ordinance says lights of 150 watts or less do not require filtering. . Old Business Bloomfield Gate - E. Guidroz said he got quotes to replace the gate while strengthening it to include 6 inch concrete-filled pipes. Emergency vehicles will continue to have access, as well as Bloomfield Road residents. He made a motion that $2,000 be allowed for the replacement of a gate that "will do bumper damage" if an attempt is made to pull it out. D. Crowley seconded. J. Sauter asked if security would be needed at the gate while the concrete was setting. J. Picard asked the Board to reconsider relocating the gate further North. He said the location would be more visible and its current location was very inconvenient to Bloomfield residents. J. Arndt reminded the Board that Section 26 had legal access to Kings Ranch Road. T. Pickering asked attendees in Section 26 to please comment. R. Mestaz said she does not want the gate moved North. G. Heinauer said don't limit access to 3 Canyons Road. The Motion was approved with J. Arndt and R. Doyle abstaining. Community Work Day - Saturday, March 22 (see Gate Committee Report) Quit-Claim Deeds - R. Doyle read the sample language for the resolution to the Quit Claim deeds, as proposed by the attorney. Property owners with land fronting 3 Canyons Road expressed their reluctance to sign Quit Claim deeds unless the Board voted to waive the minimum acreage and density pursuant to the CC&R's. In the interest of brevity, the proposed resolution says owners will be allowed to include their former land, deeded to the Association, in the total square footage of their property for purposes of density and minimum acreage for a residence. J. Dempsey made a motion to approve the proposed resolution of Quit Claim deeds. R. Doyle seconded. T. Stoner says it's a change to the Master Declaration and cannot be done without a vote of the membership. He said the attorney was wrong. B. Schneider asked if the quit claim would prevent him from putting a fence up to meet with his neighbors fence. He was concerned about the 70' setback requirement. R. Stachel answered T. Stoner by saying land use has not changed, density has not changed, and therefore, a membership vote is not required. He also said that Section 4.3.4 of the CC&Rs, Paragraph A and B have a conflict. D. Crowley said the MDC was aware of the conflict and had been allowing people to put fences on the easement. T. Pickering addressed B. Schneider's question by saying it didn't appear there would be a problem, but reminded him that the fencing plan needed to be submitted for approval. J. Picard asked what the difference was between density and intensity of usage. R. Stachel answered that density referred to residence and intensity of usage referred to the given size. The motion was approved. Road Paving at West Gate - D. Crowley said the chip-sealed area around the west gate is in need of repair due to the amount of traffic and the high speed the traffic is traveling. They have a quote of $6,400 to AB and asphalt the area west of the gate and the loop. T. Pickering asked if it would be the same as the first mile of 3 Canyons Road. D. Crowley said yes, it would look the same. D. Crowley made a motion we have the area west of the gate asphalted for an amount of $6,400. J. Dempsey seonded. G. Chouinard asked if we had the funds to cover this expense. J. Dempsey said yes, although he was not sure whether the capital or regular fund would be tapped. D. Brown asked how much asphalt and sub-base would be used. D. Crowley said compacted 2", AB would be used as the base. J. Arndt asked if this motion was approved, would the paving be done before the proposed operation of the gate. D. Crowley was not sure if the paving could be accomplished by March 22. D. Paris said all work on the gate would need to be completed before the paving was done. The motion was approved with J. Arndt and R. Doyle abstaining. New Business J. Dempsey resigned his position as Treasurer, effective immediately because of employment demands. G. Chouinard made a motion that G. Mundt be named Treasurer for the remaining term. J. Arndt seconded. The motion passed unanimously. Thanks Gene! The Board would like to thank Jack Dempsey for all his hard work. The minutes are no longer distributed through US mail. They will be posted on the website at az3canyons.com. To receive via email, contact J. Arndt at Arndt8620@aol.com. To receive a mailed copy, send $15 to the Association to cover the cost of the mailing for one year. The meeting adjourned at 8:20pm. The next Board meeting will be held on April 9, 2003 at the La Purisma Retreat Center. Take Hwy 92 S to Stoneridge Road (approximately 2 miles south of the 3 Canyons entrance) on the right. It's the first building on the left and has a blue roof. Rita C. Doyle Secretary
Last updated: 17 March 2003 by REW.