A regular board meeting was held on Sunday, November 25, 2012

A regular board meeting was held on Sunday, November 25, 2012

ASOCIACION DE REGULARIZACION DE VECINOS DE LA CHOLLA A.C.

A regular board meeting was held on Sunday, November 25, 2012 at the Cholla Community
Center.  The meeting was called to order
at 9:00 AM by President Mike Dugan with the following members present:  Kelly Ross, Shirley McDonald, Helen
Dahlstrom, Jim Allison, Kathy Barnard, Jerry Caballero, Ken Goodin, Bella
Howard, Sue Kathe, Tavane McComb, and Don Schmidli, Delegate of vigilance.
Absent:  Steve Lee.

MINUTES: The
Board had previously received the minutes of the October 21, 2012 meeting.  Mr. Dugan asked if there were any corrections
or additions.  There being none, motion
was made followed by a second and report approved.

TREASURER REPORT/FINANCE: Treasurer
Helen Dahlstrom handed out the report ending November 31, 3012.  There were no changes or additions to the
report.  A motion was made, followed by a
second and report approved.

MEMBERSHIP: Ms.
Dahlstrom reported the following:  628
members paid in full, 218 not current, 21 Mexican members not required to pay,
but did, for a total of 867.   There are
21 who status is unclear.  Ms. Koerner
collected $1,560 delinquent money in October.

OLD BUSINESS:

1.        Palapas/Awnings: Palapas and awnings were discussed at the last
meeting.  Mr. Ross said the board was to
think about what was needed and with approval from the board,  he felt the next step was to get 3 bids for a
permanent  structure  and a decision could be made at that time whether
to proceed   The other alternative is to
buy palapas that can be set up when needed.
Ms. Dahlstrom brought up storage, wear and tear.  Mr. Dugan suggested a manufactured
building  be placed beside the clubhouse
that would take care of storing  palapas
but would have space for other things that take up a lot of room in the present
storage area.

Ms.
Dahlstrom suggested getting 3 bids for permanent palapas  and will start getting costs on a garage.

2.        Committee/Trust Issues: Mr. Dugan suggested Trust Issues take
the place of Architectural as a topic.

TRUST ISSUES: Mr.
Caballero said he needs more details so he can publish requirements needed from
people who do not yet have their trust.
If people don’t have anything in black and white, there is nothing he
can do for them at this time.  He would
like to have all the information from people so he can publish it because he
needs a data base to find out who owns the property, and when was it purchased.
Until he gets some information there
isn’t much he can do in dealing in different areas.  It is complicated, and will probably require
some funds.  The information he has from
different areas is very scary.  There are
people who have some papers, some trying to get them and disposable lots.

Mr. Dugan
suggested that Mr. Caballero add to his list a question of whether or not they
have an existing trust.  He said most of
them do not have a trust.  Mr. Caballero
said he sent notes, etc. and has heard nothing from the Company.  He is looking for any kind of document saying
someone owns a property, any kind of paper showing names and properties.

Ms. McComb said
in Mexico there are three types of property rights.  You have the right to own it, live in it,
make money on it and the right to sell it unless you are a foreigner.  As a foreigner you don’t have the right to
sell and that is why the Bank Trust was put in place to protect our right to be
able to convey property to the next person.
She also gave information about buying the concession which is needed if
the owner decides to sell their home.  If
they don’t pay their taxes, after a time the property is put up for auction.  She also mentioned something about not
needing a Trust if you become immigrate.

Mr. Caballero
said Mexico has more trusts than any place in the world.  The problem in the past was due to a lot of
fraud involving land problems and that is what he wants to do to protect Cholla
people.

(2)

There are
also a lot of people with vacant lots who have not paid their taxes and a man
asked help from Mr. Caballero to locate those in his area which turned out to
be the Company.  Even if you have no
trust, it is the law that you pay the taxes if you have a bill of sale.  Utility records will also show that you own a
property and that together with a bill of sale shows that you are the owner of
a property.

The  Vecinos need to let people know what is going
on with the City.  There are little
orange and white notes attached to houses. Their names were shown as well as
the number of years  and the amount in
pesos that it was delinquent.  He spoke
with a young man who said they were putting all the notices on the buildings
which were mostly on the federal zone.
They are putting out  notices and
if they don’t pay, it will be turned over to a law firm to proceed but no one
seems to know what they do at this point.

Mr. Dugan
had an email from Greatchen Ellinger regarding an attorney she met  in town who explained to her the situation as
he understands it about the federal zone.
He said it isn’t that difficult but you need to work with the right
people who know what needs to be.  This
person would come out, meet with people who are concerned and tell them what
his legal thoughts are on how to resolve the issues someone has regarding the
federal zone.  It will be free unless you
decide to work with him.  Mr. Dugan would
like to proceed with putting out a date and having the gentleman meet with
those interested.  He feels it will be
after the holidays before a meeting can be set up.  Ms. Koerner will check the records to see who
is on the federal zone and the Vecinos will let them know if and when a meeting
will be held.

Mr. Allison
suggested Mr. Caballero  add a question
to his list as to whether or not they are in the federal zone, and if they have
the papers for it.

Secretary
asked if while investigations are being done about properties, we could also
check about the monies owed to the Vecinos by Mr. Brown when he put up land to
the Government to get the electricity finished in Cholla.  That land is still held by the government but
since Mr. Brown is proceeding with the lagoon

(3)

between the
bay and Sandy Beach, now may be the time to check.  He tried once to get the Government to
release money and his request was refused but we don’t know what will happen in
the future.

Ms. Kathe
brought up individual people have been pursuing Deeds of Trust on their own but
things have changed since they started.
Mr. Dugan had previously printed out the immigration law which was a lot
easier when reading to find what is required.

Ms. Barnard
got her FM2 in a couple of weeks but now it is necessary to get a Visa in the
States, an FMM at the border which is a tourist permit for 6 months.  Then you can apply for your FM2 because they
are eliminating the FM3.  She was told
you could go to Immigrante  after a year
of FM2.

CLUBHOUSE: Ms.
Dahlstrom reported they got the water tank replaced, some timers in the
building and the next project will be the front doors because they are pretty
bad.  T sent an email regarding some
homeowners that want to use the pit in the back.  She said everything on the property is part
of the Clubhouse and using the pit it would still require one of the Clubhouse
Agreements , make a deposit plus everything being as it was when you got
it.  Then the Club would retain $50 and
the $250 would be given back.  OBAC has
already loaded wood for the Bash so there is $100 work of wood in there so if
you rent the Clubhouse to use the pit, they would have to pay OBSC $100.

Secretary
asked if anyone is making a report, please put it in print and bring it to  the meeting.
There are times when two or three people talk at once,  and it is impossible to hear what is being said.

EXECUTIVE COMMITTEE: Nothing
to report.

GARBAGE: Mr.
Dugan and Mr. Arvizu talked to the new person who now is in charge of
garbage.  When Mr. Dugan found out the
Vecinos are paying the same amount per kilo as others who don’t dump their
garbage.  After some negotiations with
them, they took 25% off the garbage bill.

(4)

Mr. Dugan
again reminded homeowners to put weeds, tree trimmings, etc. in the right
container at the garbage area.
Otherwise, the Vecinos are paying the same price for that as regular
garbage and the cost of trimmings, etc. are cheap compared to wet garbage.

He talked to
the garbage man again and made a deal with him to pay a flat fee of $600 per
month which reflects the 25% taken off every month.  Since everyone in the city changed due to the
elections and they have no money, he told them he would pay 6 months up
front.  He is waiting to hear what they
decide to do.

ROADS: Ms. Howards reported she had received
a request for a speed bump over by Ray Flinn’s house.  She and Mr. Dugan went over and looked at the
area and they could see the concern.  It
is a long stretch allowing people to get up speed with the drivers taking the
curve too fast and spinning out.

She
suggested putting a bump about half way down the straightaway, and  will intersect with Av. La Brisa and she can
incorporate a stop sign on one side and make that area a two –way stop.  It doesn’t interfere with any houses or
garages and will be slightly angled.
There is a contractor in town who has the asphalt mix and it could possibly
be done in approximately 2 weeks.  The
cost would be $400 for the bump.  That
does not include the signs but she thinks there is enough money in her
budget.  Mr. Ross made a motion that
$1000 be allocated, there was a second and approved.

Secretary  asked Ms. Howard to take a look at the four
way stop going to Pelican Point and the beach.
It was to be looked at after the meeting.

There was
also discussion about the large holes west of the bumps near the Clubhouse.

Ms.
Dahlstrom asked if the grader is being used on the roads.  Mr. Dugan thinks they they do when everyone
is in town but usually use the drag which does nothing in the wash board
areas.  Ms. Dahlstrom feels they should
give us exactly what we are paying for.
Ms. Howard said she will check on what was brought up.

(5)

Ms. Howard
has several new street names being painted that will be picked up in a couple
of days.  She negotiated a good price
with the help of Federico interpreting.
There are some old ones that had been pulled or knocked down and they
will be going up, too.

There are a
few street signs that people have put up on their own but they are not the
correct name of the street.  She
suggested that people make their “own street” signs a different color.  That way it will be easier for people trying
to find their way around town.   It would
also be helpful in case there is an emergency and an ambulance has to be
directed.

Mr. Ross
reported on the speed bump that was put near Drew Gibson’s house.  The owner put rocks by his house and  covered the speedbump.  Mr. Ross suggested taking the speed bump out.  Ms. Howard will check on that problem.

It was
discussed at the last meeting to look into the kind of drag being used. It
is  6 x 9 feet and very heavy.  It is doing a good job but she doesn’t know
if it is better than the grader.  If the
Vecinos decide to invest in one, she received one from the welder in Cholla and
gave her a cost $400  to make it and
maybe $1,000 for steel and everything to build it.  It is a rough estimate.  She has talked to a lot of people about a
drag.  The worst road in Cholla is from
the maintenance yard to the police.
There was a discussion as to what would pull it and she doesn’t want to
involve buying a vehicle so is going to check anyone interested in pulling the
drag.  After doing this, she thinks we
should go to Mr. Brown and asked what he would charge the Vecinos to drag the
internal roads or could we use their drag for a small fee instead of investing
in one.  There was a discussion that they
would want more money, etc.

There was a
long discussion regarding what Mr. Brown is being paid for road work that is
not being done when there aren’t many people in Cholla.

Ms. McCombs
suggested putting caliche down in the worst area which is the curve at the
entrance to Cholla and slowing and speeding up as vehicles come around is what
tears the road up.

(6)

Ms. Howard
thought maybe we should ask the Company what they would charge to drag the
interior roads.  After all the discussion
the concensus was  the roads need to be
worked on a lot more than the Company does.
She also said there are some weeks they are not in Cholla.  Discussion followed regarding paying
approximately $700 per week but not getting the road worked on every week.

Mr. Ross
suggested they water the roads they can and drag the smaller, difficult
roads.  They could be checked for a few
months and get them used to what is expected by the Vecinos.  Ms. Howard thinks the two entities may have
different expectations as to what is supposed to be done.  She thinks a part of the problem is the way
the contract is written and is a little loose and open to interpretation.

Mr. Dugan
suggested that Ms. Howard have a conversation with the Company and tell them
the Vecinos are not happy with the roads are being maintained.

PARKS/INVIRONMENT: Chairman
Steve Lee was not at the meeting.

SECURITY: Mr.
Dugan reported the police are changed occasionally but he thinks we will
eventually get more permanent police.

WATER/SEWER: Mr.
Dugan went to the 6 people who resigned and told them the water guys were not
to get water from the Vecinos’ standpipe.
One person was not happy over it because a couple of the dropouts were
his clients.

NEW BUSINESS: Mr.
Dugan said he was contacted by Mario Lopez.
He is head of the animal control in Rocky Point.  He is offering to have a clinic in Cholla on
Wednesday, January 9thto vaccinate dogs and cats.  It doesn’t affect most of the people who come
from the states but it does affect the people of the community.  It is a one shot vaccination for rabies and a
couple of other things.  It is free and
they will pick 6 dogs to spray or neuter.  Mr. Dugan is making some fliers and Margaret
will get them distributed.  He also said
any donations would be appreciated.

Mr. Dugan
informed the members there had been some discussion about not having a board
meeting in December due to the lateness of the November

(7)

 

meeting.  Discussion followed.  Secretary made a motion to not have a
December meeting.  There was a second and
approved.  The next meeting will be
Sunday, January 20, 2013.

Mr. Schmidli
made a comment that he thought the present board was the best one we ever
had.  Everyone applauded.

Mr. Dugan
read a note stating if someone wanted their old power poles left alone, they
are to call the number on the sheet and let them know not to take it. Ms.
Dahlstrom suggested putting X’s on those that that are laying around and if
someone wants to keep theirs, they can move it.
If someone wants to keep them they should contact Jerry Caballero before
January 5th.

There being
no further business to discuss, motion was made, seconded and meeting adjourned
at 10:45 AM.

The board
was reconvened to discuss fixing the road owned by Mr. Fish Taco.

It was decided
to get a detailed bid from Gabi and send it to the board to be approved at the
January meeting.  The Executive Board and
Ms. Howard were to look at the site and talk to someone at Mr. Fish Taco.

While the
Board was in session, Ms. Dahlstrom said she thought they would not get
information out about the electric poles.
She suggested either postponing the date or not do anything and just
take them out. After discussion, the date was moved up 10 days to the January
15th.

Motion was
again made to adjourn, there was a second and approved.

AUDIENCE PARTICIPATION:

Ray Flynn
has put up a $2000 reward if someone can find the person killing dogs. He also
offered $5000 if someone would tell him who took his garbage can.  He also wants the rock taken out of the road
near him because it is dangerous.  Ms.

(8)

 

Howard told
him she had talked to the Company and they do not have equipment to remove
it.  The equipment needed could be rented
at a cost due to having to chip it out but it is a part of the mountain which
is a natural speed reducer for people who drive too fast.

Someone
asked if we had to use the Company for the road maintenance or could that be
put out for bid.  Mr. Dugan told her she
had a good point. It has been discussed and Mr. Ross said he could tell her SBR
owns the roads and when we got bids last year, the board was concerned that it
could be a problem to not use the people who own the roads.  It was decided not to mess with it at that
time.

Someone
asked why not take the smaller roads that are not getting maintained and take
them out of his contract.  Mr.  Dugan said it was an option of what we were
talking about earlier. They might like to maintain only the main roads and have
someone else maintain the smaller ones.
Mr. Dugan suggested that he and Ms. Howard meet with Juan and discuss
what they had talked about.

Someone in
the audience suggested that people who opt out of the Vecinos should be told
they can’t get water from Cholla and was told that had already been done.  She was told the water people deliver and
collect from the homeowners and the Vecinos have nothing to do with that.  Mr. Ross said there were 7 people who opted
out.  Our real problem is the 218 people
who are behind on in paying their dues, some for many years.  If we stopped delivering water to them, it
would make an impact on the water boys’ income.
The board has to find a way to handle the problems without causing pain.

Someone
suggested a lien again property and Mr. Ross said it comes down to the HOA and
the Realtor who will enforce it.
However, if the Realtor doesn’t enforce it, there is nothing that can be
done.

A gentlemen
said the board doesn’t know what they are talking about when speaking about the
road.  The first problem with the road is
the material used.  If

(9)

 

they would
put caliche and grade and water it right, it would be a lot better.  He said there was a man in Cholla that
weekend and that is his business.  He
suggested that the board spend a little time with him, he could show how to
build a drag, but proper watering is what it needs.

Someone
asked what it would cost to pave the road and someone said $1,000,000 and Mr.
Dugan said he didn’t think that amount would do it.  It has to be maintained and cleaned which
adds to the cost.

Mr. Flinn
asked for permission from the Board to handle the rock situation himself and
was told the Board can’t give him permission on something they don’t own.  Mr. Dugan suggested that he go talk to Mr.
Brown and tell him what he would pay to do.
He said he would.

Respectfully
submitted,

 

Shirley
McDonald, Secretary

 

FUTURE BOARD MEETING

SUNDAY, JANUARY 20,
2013  9:00 AM