Board of Directors
DECEMBER 1, 2003
CALL TO ORDER
President Chuck Baker called the regular meeting of the Lake Moovalya
Keys Board of Directors to order at 6:05 p.m.
President: Chuck Baker
Board Members: Bill Risen, Bob Stroud, Tonya McPherson, Gary Svider,
Jack Sweeney, Joe Maxwell, Joe Price, Russ Derby
Vice President: Chris Chambers
Board Member: Trish Wikoff
Guests: Barbara Risen (lot 184), Alan McPherson (lot 70), Jennifer
Baerg (lot 62), Al Moroff (lot 178)
Legal Counsel: John C. Churchill
General Manager: Richard DiNolfi
Bookkeeper/Recording Secretary: Sue Thomson
Mr. Sweeney requested re-authorization to purchase the camera
equipment, and Mr. Baker stated that he was duly authorized at
the last Board meeting.
Ms. Baerg stated that she did not receive
her last dues' statement, but that she brought a check to pay
The Board members reviewed the Minutes of
the November meeting, and there were no corrections. Mr. Baker
commended Ms. Thomson on a comprehensive recording of the Minutes
from the November Board meeting. He stated that the October minutes
are still forthcoming from Ms. Braska.
A motion was made, seconded and passed that
the November, 2003 Minutes be approved as presented.
The October Financial Statements prepared by Complete Tax Service
were discussed. Mr. Price inquired about posting bridge depreciation.
It was noted that CTS did make a monthly entry for depreciation,
encompassing all depreciation items in one entry.
A motion was made, seconded and passed to
approve Complete Tax Service's October 2003 Financial Statements.
Ms. Thomson's past-due accounts receivable
report was distributed and reviewed. Mr. Baker stated he would
get together with Ms. Thomson to clean up past-due accounts, and
discuss procedures for collecting delinquent accounts of $300
Mr. Derby stated that Linda Braman is deceased,
and her name should not appear on our accounts in the future.
Mr. Baker opened discussion on the Bookkeeper's
Report. Ms. Thomson stated that since her report was written,
she was successful in retrieving the database files that she was
previously unable to open, after taking possession of the Association's
computer from Ms. Coffelt. October paid bills as presented in
the Bookkeeper's November report were approved. Mr. Baker stated
he will give Ms. Coffelt a copy of Ms. Thomson's list of missing
computer files which were shown to exist at one time in the Recent
Documents directory on the computer to see if she has a copy of
those files. Mr. Stroud inquired as to who signed Ms. Coffelt's
final paycheck, as she presented her bill directly to Complete
Tax Service, picked it up herself and obtained, presumably, Mr.
Chambers co-signature on the check. Ms. Thomson stated that she
has been attempting to reach Mr. Chambers to obtain his signature
on the revised Bank signature card, which will substitute her
in and remove Ms. Coffelt from the account. Mr. Derby stated that
we need to locate the missing computer files, and Mr. Baker stated
that he would assist Ms. Thomson in this endeavor, but that most
of the files do not appear to be anything that can't be reconstructed.
Mr. Sweeney replied to Ms. Thomson's inquiry
about the bond amount needed for her by stating that he thought
it appropriate for the bond to be in the amount of $100,000. Mr.
Baker responded to Ms. Thomson's inquiry about her authority to
purchase office supplies by stating that she is authorized to
utilize the Parker Office Supply open account for purchases up
to $200 at a time. Ms. Thomson was authorized to order laser check
supplies in anticipation of her taking over check writing duties,
the generation of dues' statements, and the sole reporting of
monthly financials commencing January 1, 2004. The dues' statement
format Ms. Thomson presented was approved.
The November bills were discussed, and it
was noted by Ms. Thomson that the Laser Brite invoices are missing.
Mr. Baker instructed Mr. DiNolfi to obtain a duplicate copy of
them. Mr. Stroud pointed out that there are water spots and other
stains on the new stucco on the guard shack. Mr. Baker stated
he would ask Mr. Chambers to speak with Gonzalez Plastering about
repairing the stains.
A motion was made, seconded and passed to
approve the November bills as presented.
Mr. DiNolfi reported that the Thanksgiving
holiday went well; however, there were lots of off-road vehicles
speeding up and down the Association's streets; many of the riders
under the age of 16. He sought advice from the Board as to how
to enforce the rules regarding unlicensed drivers and off-road
vehicles on the premises. Mr. Price stated that off-road riders
are allowed on Association streets for the sole purpose of going
to and coming from the desert. Concern was expressed by several
about riders' safety, and the safety of others coming around corners,
and in particular about off-road vehicles on the access road by
the canal and the Brooke Water property. Inquiry was made if the
Association can legally put up a fence in this area, prior to
the Brooke Water property matter being resolved.
Ms. McPherson stated that she, too, noted
many people speeding on Association streets in off-road vehicles
and cars over the holiday, especially on Yaqui Loop at Moovalya
Dr. Ms. McPherson expressed her concern over the Association's
liability should an accident occur as a result of excessive speed
by any type of vehicle on the premises.
Mr. Churchill responded by stating that the
Association will always be subject to lawsuits. Whether or not
we are liable is the question. Speed limits are posted on site.
Ms. McPherson asked how else we could protect ourselves, and Mr.
Churchill stated that a plaintiff in a lawsuit could say that
we are not enforcing the CC&R's. Mr. Stroud stated that Mr.
DiNolfi needs direction on enforcement of the CC&R's. Mr.
Price expressed his disagreement with the off-road vehicle enforcement
issue, since the Board previously approved off-road vehicles on
the premises, albeit for ingress and egress to the desert. Mr.
DiNolfi stated that the operation of off-road vehicles on the
Brooke Water property is the biggest problem, with Mr. Sweeney
stating we cannot enforce desert riding. Mr. Churchill stated
that enforcing is a problem. Mr. Moroff suggested that Mr. DiNolfi
should be authorized to tell offenders to pull their bikes off
the streets. How to define whether one is using the streets solely
for desert ingress and egress is a problem.
Mr. Baker asked Mr. Churchill what we have
to do to protect the Association, and would waivers hold up in
court. Ms. Baerg inquired if we could send letters to homeowners
of known 15 MPH speed limit offenders. Mr. DiNolfi stated he has
no problem talking to homeowners, as he has the Sheriff's support.
Mr. Baker stated that the Association should strictly enforce
posted speed limits, and fine offenders.
Mr. Stroud stated that the overflow pond needs
a fence around it also. He also stated that there's been no resolution
to the Brooke Water property matter, because that would mean Brooke
would fence off the ramp. Mr. Churchill stated that the Association
doesn't own the property yet, so we can't construct a fence. The
Association owns the ramp only, as a result of exclusive use via
the gate, so we could fence the ramp area, but we cannot force
a neighbor to construct a fence. Mr. Stroud asked Mr. Churchill
of the status of the Brooke Water matter, and Mr. Churchill stated
he still has had no response.
Ms. McPherson asked if the oleanders by the
road are on Association property, so as to serve as a potential
fence site, and she was informed that they are not on Association
property. Regarding fences, Mr. Churchill stated that we could
solicit neighbors' cooperation.
Mr. Risen stated that it is difficult to enforce
speed limit violations and that he didn't believe such charges
would hold up in court, that it would be better to go after a
charge of reckless driving. Mr. Risen stated he would check with
La Paz County to see if a radar unit can be put closer to the
Mr. Moroff inquired of Mr. Churchill if the
Board is authorized to allow unlicensed drivers to operate off-road
vehicles, to which Mr. Churchill stated that the Board is not
authorized to make this change; a change to the CC&R's would
have to be made. Mr. DiNolfi suggested that fines be assessed
for violations of rules. Mr. Stroud reiterated that Mr. DiNolfi
needs more authorization to enforce rules.
Mr. Stroud said he received a complaint about
an RV running electricity and parked illegally. Mr. Churchill
stated that there could be only one residence per lot, either
an RV, a house, but not both. Ms. McPherson stated that it looks
bad, and is awkward, when homeowners question Board members about
the violation of rules, and no consequences result.
Mr. Stroud discussed the 7-day parking rule
on private lots, and that these violations should be enforced.
Mr. Baker stated that parking on private lots is limited to seven
days, and he suggested that the Association obtain permission
of vacant lot owners to install poles and chains across the front
of their lots. He also stated that Mr. DiNolfi was to give the
Board an estimate of blocking off vacant lot access. Mr. DiNolfi
stated that the Board previously authorized a $100-per-lot expenditure
to install poles and chains. Mr. DiNolfi inquired whether or not
it is within his power to remove illegally parked trailers, and
Mr. Baker instructed Mr. DiNolfi to tell the subject owners to
remove such vehicles. Mr. Baker inquired if the Association needs
permission from the homeowner.
Regarding the RV parking issue, Mr. Churchill
referred to section 12.7 of the CC&R's which states that one
cannot park a bus or RV on the street regardless of whether it
is inside, or outside, the white line. Parking such a vehicle
on a lot is permissible; however, it cannot be used for living
quarters, even on a temporary basis. Running electricity to clean
an RV on a lot is permissible.
Regarding off-road vehicles, Mr. Churchill
referred to the CC&R's, which state that a licensed driver
may use the Association's streets for ingress and egress only.
Mr. Churchill further stated that in order to change the CC&R's
a 75% majority vote is required. Mr. Sweeney suggested that the
Association deal with the nuisance aspect. Mr. Churchill agreed
and suggested that we send a cease-and-desist letter to homeowners
who violate rules. Mr. Sweeney stated that the Association has
seen temporary success with such letters in the past and suggests
we re-institute cease-and-desist letters and vehicle-removal-request
letters, and ticket the nuisances as needed.
Mr. Baker suggested a letter go out with the
next dues' statements to all homeowners, addressing these issues
and asking for homeowners' cooperation. Mr. Baker asked Mr. DiNolfi
to work with Ms. Thomson in putting the draft letter together.
Mr. Churchill requested that he review the draft. The draft letter
is to be e-mailed to Board members for their review, and the letter
shall be finalized prior to month end so that it can be sent with
the January 1 dues' statements to property owners. The letter
shall address nuisance, RV's, 7-day parking, and the fencing of
the vacant Yaqui Loop lots.
Mr. Braun's Groundskeeper's Report was discussed,
and Mr. Baker asked Mr. DiNolfi to request Mr. Braun not to remove
discarded items from the dumpster, as anything that fits in the
dumpster should be left in the dumpster. Mr. Risen stated that
Arizona Battery and Napa Auto Parts accepts old batteries for
Mr. Baker asked Mr. Churchill about the status of the Sandy Brown
matter, and Mr. Churchill stated that he has heard nothing, and
he will send her a final letter before proceeding with legal action.
Mr. Sweeney presented an instruction sheet
on gate access, and Ms. Thomson was instructed to post the document
on the website.
Regarding the cameras, Mr. Sweeney states
the cost for the cameras will be $5,500 plus shipping and tax.
Mr. Moroff discussed the resolution and lens options of the cameras,
stating that the cameras record at half resolution. This may be
a problem in playback when attempting to identify a license plate
number. A longer lens is needed to compensate for the loss of
resolution, and it was recommended that 25mm lens be used for
the cameras recording vehicles arriving at the gate entrance,
and a longer lens be used on the two cameras inside the gate.
Mr. Moroff stated the lenses are interchangeable and the cost
is the same for each. The purchase of two lenses of each type
as discussed was approved. Mr. Moroff stated that the hardware,
a 166-gig drive, will hold 12 days of recorded imaging, and another
drive can be added if the Association wished to have more than
12 days of storage.
A motion was made, seconded and passed to
increase the amount to $6,000 to purchase the camera equipment.
Mr. Baker discussed the needed repairs, toilet
replacement and tile work in the guard shack, and that Mr. DiNolfi
had volunteered to finish these repairs. Mr. Baker requested Mr.
DiNolfi to take care of these projects.
Mr. Sweeney requested the replacement of the
light fixture for the fence, at the approximate cost of $50; Mr.
Baker approved the request and asked Mr. Sweeney to select one.
Mr. Risen asked why the Association does not
have a Keys' identification sign at the entrance for visitors
unfamiliar with the area. Mr. Baker asked Mr. DiNolfi to design
a sign prior to January's Board meeting, that it should be simple,
preferably using wrought iron material.
Mr. Baker asked Mr. DiNolfi the status of
the two telephone lines in the Association's name, one of them
being the business line located in Ms. Coffelt's home, the other
in Mr. DiNolfi's home. Mr. DiNolfi stated that the business line
in Ms. Coffelt's home had been disconnected. Mr. Baker asked Ms.
Thomson to verify the disconnection and the termination of the
Mr. Baker presented revised architectural
drawings on behalf of the owner of lot 216 for a proposed duplex
to be built on that lot, which is adjacent to the Wimpy's property.
Mr. Churchill stated that a duplex may be constructed on a commercially
zoned lot, but that he is not sure how the lot is presently zoned.
Lots 216-235 were initially zoned commercial; that the CC&R's
contemplated C-1 zoning only.
A motion was made, seconded and passed to
approve the revised plans for lot 216, as long as the lot is not
Mr. Baker presented remodeling plans submitted
by the Bozemans, lot 61. The plans are for a remodel of the front
of the structure.
After discussion, a motion was made, seconded
and passed to approve the remodeling plans for the front of the
structure located on lot 61.
Ms. Baerg informed the Board that she has
been having problems with the Bozemans' dogs on lot 61, in that
they are jumping over the fence into her yard, where there have
been dog-bite incidents, in addition to a dog odor problem caused
by unremoved animal waste.
Mr. Baker asked Mr. DiNolfi to investigate
the run-down condition of the house on lot 10.
Mr. Churchill presented the Board with a legal
bill from his office from the period of January through May 2003.
He explained that his office installed a new computer system earlier
this year and that the bill was not generated until now.
A motion was made, seconded and passed to
approve payment of Mr. Churchill's May 31, 2003 statement for
legal services rendered.
Mr. Stroud discussed the status of the flooding
problem at the front of his property. He stated that the street
was rebuilt improperly after the sewer installation so as to cause
the pooling of rainwater in front of his driveway. He took photographs
to Buckskin Sanitary who referred the matter to Kenko. Mr. Stroud
stated that he was told by Buckskin that Kenko has no funds to
fix the problem, nor does Buckskin have the funds to correct the
problem. Mr. Stroud also related to the Board that he was told
about cracked sewer pipes, that this problem was relayed to Kenko
by Buckskin, and that Kenko has no funds to fix the cracked sewer
Mr. Svider brought the Board a report on Listing
Agent Obligations, which suggests renters sign an acknowledgment
of Association rules; he further suggests renters place a deposit
in an escrow account, and any violations of rules would cause
a deduction from the deposit. Mr. Baker asked Mr. Churchill if
the Association can do this, and Mr. Churchill stated there's
nothing that says we can, or nothing that says we can't. Mr. Sweeney
suggested brokers use this document for weekend renters.
Mr. Baker recommended that the Board put together
a program for presentation at the next annual meeting regarding
Association rules, violations and consequences. Ms. McPherson
stated that if nothing else, at least people would be aware of
the rules. Mr. Baker further recommended that Mr. Svider compare
the content of his document with Mr. DiNolfi's former proposal,
choose three or four of the most serious issues with which the
Board can impose a fine, and present the matter again to the Board
Regarding the dog issues with the Bozemans,
Mr. Baker told Ms. Baerg that Mr. DiNolfi will contact the Bozemans
to deal with the problems.
Mr. Derby informed the Board about a letter River Cities Waste
sent to VDMA owners stating that they were no longer providing
those residents with trash cans and that they were instructed
to use the Keys dumpsters. Mr. Baker asked Mr. DiNolfi to investigate
the matter with River Cities Waste.
Mr. Price mentioned that chains on certain
lots were installed too far into the street. Mr. Churchill stated
that the poles and chains must not extend outside the property
Mr. Derby inquired as to whether or not the
gate should remain open for the Holiday Home Tour on December
14, as two Association homes are on the tour route. Mr. Baker
stated this would be acceptable, but that Code 5050 be deleted
from the gate system for security reasons, as too many people
know about it
Mr. Stroud was excused from the meeting in
order for the remaining members to discuss the flooding problem
on Mr. Stroud's property. There was a discussion about the situation
prior to the sewer project as compared to the situation now, why
there's a problem and what could be done to alleviate the problem.
Mr. Risen inquired as to whether the Association ever paid for
a homeowner repair of this nature. Mr. Baker responded that there
had not been.
Mr. Churchill stated that the Association
could be responsible if something the Association did (i.e., the
installation of a sewer system) changed the flow of water to create
the damage. Mr. Baker asked Mr. DiNolfi to ask Mr. Stroud to show
the Board his back-up documentation. Mr. DiNolfi was asked to
report back to the Board with his recommendation of a reasonable
solution. Mr. Churchill also stated that the development of new
houses can cause a change in flow of water, and there have been
instances of water that formerly ran across vacant lots, but is
now diverted elsewhere with the development of the lot.
Mr. Baker stated that the next Board meeting
is set for January 5.
There being no further business to come before the Board, the
meeting adjourned at 8:15 p.m.
Submitted by Recording Secretary, Sue Thomson
APPROVED BY BOARD OF DIRECTORS JANUARY