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PSMRA Board Meeting Minutes
Open Session
February 9, 1999
POINTE SOUTH MOUNTAIN RESIDENTIAL ASSOCIATION
Minutes of the Executive Board Meeting
The Pointe Hilton Hotel
February 9, 1999
DIRECTORS PRESENT: Ardath Eitzman Hal Rives
Barry Smith Julie Tierney
John Benedick Richard Holmes
DIRECTOR ABSENT: Lisa Posada
GUESTS ATTENDING: Jane McBee John Casey
Jill Eulic Paulo Sanze (SF)
Jack Toohey (CH) Pat Parnell (CH)
Mike Bunkley (CH) Jerry Corbin (SF)
Mike Jennings (CH) Jorge Hahn
Vicki McCutchan (CH) Bill/Cathy Wrobel (SF)
Helen Goodfriend Gene Moffett
John Barrist Jason Paul
Cean Molinari Glen Bryant Brandon Cajtmaml Beverly Reynolds
Tiffany Reynolds (CH) Pete Scharf
Alex Beltran Jeff Raefield
FOR CITY PROPERTY: Brian Lincks, Vice President
Mary Jane Labut, Property Manager
RECORDING SECRETARY: (name witheld by request)
OPEN SESSION
President Ardath Eitzman called the meeting to order at 7:00 p.m. She welcomed guests and homeowners and announced a change in the order of agenda issues to be considered.
APPROVAL OF MINUTES
John Benedick made a motion that minutes of January 12, 1999 Open Session be approved. Julie Tierney seconded the motion. Motion carried by unanimous vote.
John Benedick asked that the following corrections be made to January 26, 1999 Open Session minutes:
Page 2 - second paragraph - sentences to read as follows: John Benedick stated $24,000 is required for Phase 1 and 2 of the Monte Way/South 50th Street wall. This is the bid received from the landscaper and includes completing the trees and planter along the sidewalk.
Hal Rives made a motion to approve the minutes of January 26, 1999 Open Session as corrected. John Benedick seconded the motion. Motion carried by unanimous vote.
TENTH HOLE AREA LANDSCAPING
Homeowners Jill Eulic and Dianne Millet have been working in conjunction with the Desert Pointe Garden Club in an effort to improve this unkempt area. The plan has been approved by the ACC and three bids have been submitted to the Board for review. Valley View could not give a start date for at least a month so they have decided to go with Shade Tree, a highly reputable landscaper who can begin immediately. Barry Smith pointed out that the developer left the Association with a number of undeveloped areas and as funds become available these areas will be finished off. Jill Eulic reported Shade Tree has quoted $12,774.84 which includes three months to keep the area maintained along with guarantee of six months on irrigation and plants.
51ST STREET PARK UPDATE
Jane McBee, homeowner, reported that there is one phase left in this project which includes the centerpiece fountain, along with benches and annuals. One quote from a fountain company is $3,500 - 5,000, depending on the size. Jane McBee stated there is already a water setup in the park for a fountain. Ardath Eitzman reported river rock has been ordered. Jane McBee stated that when the 51st Street park project is completed, she will be happy to help with other community areas. Dick Holmes asked for assurances that groups who frequent the park are actually Pointe homeowners and not outsiders. As a cost-saving measure, John Benedick suggested moving the fountain from the bottom of La Mirada to the 51st Street park and Ardath asked if Association owns the fountain.
MONTE WAY/50TH STREET WALL UPDATE
John Benedick reported that original bid did not include irrigation or plants for the planter or ground cover. He has now amended the bid to reflect $200 to $300 additional monies (final bid: $24,190). Landscaper will put down PVC so lights can eventually be installed in this area. A question and discussion took place as to why U.S. West appears to be doing extensive work in the area. Brief discussion took place regarding similar piece of land on the 9th hole, east of Monte Way wall, where minimal landscaping is needed.
Barry Smith gave an overview and breakdown of the budget estimate figure of $75,000 for landscape projects, which does not include needed tree pruning throughout the community:
$15,000 10th hole 25,000 earmarked for 50th St. lot
8,000 51st Street park 24,000 complete landscaping Monte Way wall
Total is about $75,000 in order to complete major landscaping projects, Barry Smith reported. He added the fact that the developer has left unfinished areas has been brought up in the current litigation several times with no response from the other side.
Barry Smith made a motion that $75,000 be allocated as follows: $25,000 for the 50th Street lot, $15,000 for the 10th hole, $8,000 for the 51st Street park, and $24,000 to complete landscaping at the Monte Wall/50th Street wall with total expenditure not to exceed $75,000. Julie Tierney seconded the motion. DISCUSSION: John Benedick urged that the allocations for all approved projects be considered maximums and urged Jane McBee to work to keep expenditures well under $8,000 as he intends to do with the Monte Way wall project. Ardath Eitzman expressed concern with installation of a fountain. Motion carried by unanimous vote.
PARKING POLICY: HOMEOWNER/BOARD OPEN DISCUSSION
Ardath Eitzman gave history and background of the current parking policy as prescribed in the CC&Rs. She added that it has been suggested on many occasions that the solution is to change the CC&Rs and reminded all present this requires a 2/3 vote of all 837 homeowners.
Courthome owner Mike Bunkley stated that courthome area does not have ample parking and if one gets home after 6:00 p.m., the few available spaces are already filled. He stated that owners should get owner tags in addition to guest tags. Courthome owner Jack Toohey stated there is a difference between courthome and single family in that parking policy does not solve the current problem (i.e. the developers did not provide enough parking spaces) and this creates a crisis of major proportions. He made two suggestions: (1) allow each homeowner one resident permit OR turn some of the common area into parking spaces. Mr. Toohey stated that courthome owners pay a higher Association fee (for courthome maintenance which is only for courthome expenses). They would like to have some of these funds come back to the courthome owners. He suggested that this policy shows an incredible lack of judgment on the part of the Board of Directors.
Ardath Eitzman responded the Board, in conjunction with the attorney, have worked very hard on this policy, and Board has spoken with many homeowners who want the cars off the streets. The attorney has stated Board cannot set separate policies without separating the Association, a solution which has been proposed. She asked for owners to report to the management company areas that may be turned into additional parking spaces. In addition, she stated Board is aware of isolated problems (i.e. a rental unit housing seven tenants). Ardath Eitzman pointed out the enormous liability to the Board and the Association where emergency vehicles cannot access due to parked vehicles which came to light when she recently walked the property with a rep from the Phoenix Fire Department.
Richard Holmes stated that while the policy is too strict, the Board must carry out its fiduciary duty in following the law.
Discussion and objections took place regarding the particular language in the policy that states "you do not have permission." Paulo Sanze cited a problem in event he extends a last minute invitation for five guests and the management company is closed. Brian Lincks responded some consideration will be given and emergency # can be used and pointed out the Association liability when vehicles park on both street sides and emergency vehicles cannot get through. Ardath Eitzman asked Pat Cusick, former Board member, how CC&Rs were changed in 1992. Pat Cusick responded because it was a period of transition when control was turned over to homeowners, at which time he sat down with Association attorney, Charles Maxwell, and lawyers from Gosnell Builders.
Brian Lincks advised of the passage of new non profit legislation which may allow circulating for signature a petition containing appropriate language drawn up by an attorney. Barry Smith stated change would require approval from more than 500 homeowners. Hal Rives reported his experience with changing CC&Rs in another association and further stated the Board can only act on what is in front of them. He stated that if homeowners want change, they must get involved in the effort. Discussion followed regarding the survey sent to the community last year. Ardath Eitzman reported majority of homeowners did not want on-street parking. Barry Smith stated some asked for a different set of regulations for different areas and attorney stated this could not be done.
Ardath Eitzman reminded everyone that new homeowners are given a copy of the CC&Rs. These CC&Rs state there is no on-street parking and when homeowners sign the documents, they are agreeing to abide by the rules.
Richard Holmes stated that the parking survey sent out last year was flawed as it stated if a homeowner does not return the survey, the assumption was they agree with the current policy and, in addition, there was no place for signature. He suggested there may be no concrete solution that can be applied to the parking problems but thought the policy was unsociable, economically unsound and heavy handed. He stated it was not his intent to vote for the parking policy. Barry Smith took exception to the remarks, stating there was a unanimous Board vote to move ahead with the parking policy and he now understood that Holmes was stating he was not in favor of enforcing the CC&Rs. He remarked that no specific objection to the policy had been presented to the Board, as requested at that time. Richard Holmes responded he is not advocating not upholding the CC&Rs but stated that a defacto parking policy has been in effect for seven years and asked where the wording and the template came from.
Mike Jennings, courthome owner, asked if, under the policy, he could bring his boat in for washing. Brian Lincks presented case law where a homeowner can bring suit against the Board because they are not enforcing the CC&Rs. John Casey reported he went to the City and after reviewing letters and records, states that CC&Rs and the City are in conflict regarding on-street parking because Gosnell got approval to allow 1.5 street spaces per unit. Barry Smith responded the Board has been down this road with the zoning issue and the City many times as they do not recognize the CC&Rs - the City did not make Gosnell adhere to their own policy. Barry Smith stated that this conflict should have been disclosed to any incoming homeowners. Brian Lincks reported from personal knowledge that courts will uphold the CC&Rs over City policy regarding parking policies because the homeowner is aware of the policy when he moves into the community.
A discussion took place regarding former Board member Tom Chiara's parking plan which allowed limited on-street parking in conjunction with a monthly fine/fee. Jack Toohey asked if Association could paint spaces on the street for on-street parking in courthome area. Barry Smith responded Board was told by attorney they could not use common area in favor of one section over another section. He again asked that courthome owners help identify areas where additional spaces might be found.
Richard Holmes stated that Association has not had a strict enforcement policy over the past seven years. Barry Smith asked that Richard Holmes put his concerns (parking policy, 2/3 vote to change the CC&Rs and need for attorney to support Board business) in letter format to be sent to an attorney of choice for an opinion. He pointed out it would be dangerous to proceed without opinion of an attorney as PSMRA is a non-profit organization covered under the rules of the State of Arizona. Richard Holmes declined the offer.
A homeowner stated that ideal time to change CC&Rs is year 2000. Ardath Eitzman asked if homeowners would be willing to form a committee to research this issue. Hal Rives stated that the Board faces lawsuits if they do not enforce the current CC&Rs and offered to lead an effort, along with volunteer homeowners and input from the entire community. Vicki McCutchan suggested using a new attorney for the CC&R change effort.
Richard Holmes made a motion that the parking policy of the past seven years continue while the committee and the Board research issues in the CC&Rs that are inconsistent, said period to give the Board time to investigate if constructive changes can be made to the CC&Rs. DISCUSSION: Barry Smith pointed out that parking policy of past seven years has been no on-street parking. Ardath Eitzman recommended re-stating the motion as follows: Motion made to suspend any punitive measures of the new parking policy for six (6) months in order to support an effort to change the CC&Rs. Hal Rives seconded the new motion.
Concern was raised that Board will be left open to liability issue during the six month period. A homeowner inquired as to who changes the CC&Rs and Ardath Eitzman responded that wording, reviewed by an attorney, is presented to all homeowners for vote and will require approval from 2/3 of homeowners in order to have new wording inserted in the CC&Rs.
Second motion approved by unanimous vote.
48TH STREET CUT THROUGH UPDATE
Ardath Eitzman stated that according to the resident manager at the Pointe Hilton Resort, there are many questions (one is the flood dam) and no resolution of issues. Pat Cusick, former Board member, reported to the Board he has additional information that MONY has engaged a highly skilled attorney, Larry Lazarus. The attorney has approached the City Planning Director, Dave Rickert, requesting this project be approved as a minor amendment to the Pointe South Mountain Master Plan, similar to Larry Toppenberg's efforts. According to Pat Cusick, the City Planner does have the power to make this approval. It was suggested that Board take action to be fully involved in this and express concerns regarding impact on safety and integrity of 48th Street and PSMRA.
Barry Smith stated that a letter should be sent stating that Association wants to be kept aware of all developments and, further, during a recent meeting, Jim Matteson stated that City would pay for a design study of the cut through. Ardath Eitzman will pursue her contacts with Councilman DiCiccio's office and Barry Smith instructed that attorney send a letter to be put in the City file
REPORT FROM THE TREASURER
Barry Smith will submit his report at the next meeting as financials were received at the meeting. Mary Jane Labut will schedule second meeting this month via e mail based on availability of all.
ROOFING PROJECT
Hal Rives reported project is progressing and courthome area will get roofing with a reputable contractor who will adhere to Association guidelines. Going out for bid at this time. Barry Smith reported that Frank Sofferin has departed to work with another management company and Roger Talent (one of the bidders) has been highly recommended. Barry Smith recommended that Talent be engaged at this time to do current roof maintenance and Mary Labut responded this has been done.
Richard Holmes made a motion to adjourn the meeting and Julie Tierney seconded the motion. Meeting was adjourned at 9:50 p.m.
Respectfully submitted,
(name witheld by request)
Recording Secretary
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