Board of Directors
Regular Meeting
JANUARY 5, 2004

Vice President Chris Chambers called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:10 p.m.

Vice President: Chris Chambers
Board Members: Bill Risen, Bob Stroud, Trish Wikoff, Gary Svider, Jack Sweeney, Joe Maxwell

President: Chuck Baker
Board Members: Tonya McPherson, Russ Derby, Joe Price

Guests: Barbara Risen (lot 184), Jeffrey & Jennifer Baerg (lot 62), Scott Coykendall (lot 198),
Hal Collett, La Paz County Sheriff, Robert Hansen (VDMA lot 7), Don Von Slomski
Legal Counsel: John C. Churchill
General Manager: Richard DiNolfi
Bookkeeper/Recording Secretary: Sue Thomson

Mr. Risen made a motion to approve the December 2003 Minutes as presented. The motion was seconded and unanimously carried.

Mr. Stroud opened discussion on a topo map, showing wall and water level indicators, in regards to Mr. Coykendall's continued requests to build a seawall and dock on lot 198. Mr. Stroud stated that Jim Roach did a survey, but Mr. Roach did not prepare the topo map. Mr. Sweeney stated that a minimum 39' is required from dock to dock. The bridge clearance is 14'. Mr. Sweeney stated that according to the drawing, the string line would be in the water, in which case the Army Corp. would not allow the work to continue even in the event the Board approved the proposed plan. Mr. Coykendall referred to earlier Board minutes stating that 38' was the minimum requirement, wherein Mr. Sweeney stated that in the month following, the minimum requirement was corrected to 39'. Regardless, Mr. Coykendall's plan is not to scale, and there is no drawing of the proposed dock, nor does the hand drawing indicate any dimensions.

Mr. Coykendall expressed his displeasure at having to repeatedly attempt to get approval for his planned seawall and dock, to no avail. Mr. Sweeney stated that Mr. Coykendall needs to have an engineer draw a proper plan with complete dimensions and specifics, and then present the engineered drawings to the Board for approval. Mr. Coykendall stated that he needs Board approval prior to his engaging the services of an engineer. Mr. DiNolfi told Mr. Coykendall that he also needs to get the Army Corp.'s approval, and Mr. Coykendall stated that he has approval from the Army Corp., but no documentation was presented on the specifics of that approval. Mr. Stroud stated that the drawing appears to show that the wall would extend to the water, but Mr. Coykendall stated that it would be in the dirt. There was general disagreement about the 38' vs. the 39' minimum. Mr. Coykendall stated that Russ Derby told him today that 38' is the minimum, but Mr. Sweeney stated that Mr. Derby knows it to be 39'. Mr. Churchill asked Mr. Coykendall if he agrees with the 38' minimum, and Mr. Coykendall stated he does, and Mr. Churchill pointed out to Mr. Coykendall that 38' is not what his drawing indicates. Mr. Coykendall stated that this would then take the project back 10' into his property. Mr. Sweeney stated that the currently proposed drawing is no better than the previously submitted drawings.

Mr. Chambers asked if the footings are on the shoreline, and Mr. Coykendall replied that some are on the rocks. Mr. Chambers stated that footings must not hold water. Mr. Coykendall stated that Russ Derby is going to be the contractor, and he further stated that Mr. Derby wants to wait to see where the water will go, and that Mr. Derby won't supply the drawings, that he just builds.

Mr. Sweeney again stated that an engineer is needed to prepare proper drawings. Mr. Coykendall asked what else he could do that he hasn't already done, stating that Mr. Roach has done the drawing. Mr. Stroud stated that the drawing is not certified. Mr. Coykendall stated that he isn't going to hire a contractor until he gets Board approval. Mr. Chambers requested Mr. Coykendall to supply a drawing indicating where the dock is to start and end, with dimensions, that the present drawing contains no measurements from the end of the property line. Also, Mr. Coykendall states that house plans are not yet drawn, so he doesn't know where the dock is going to be.

Mr. Churchill stated that property lines are in the middle of the canal, and the Board could say that one can or cannot build a dock. The Board can say the channel would be too narrow for navigation subsequent to construction. Mr. Churchill further stated that Mr. Sweeney was also put through similar scrutiny on his construction plan, which necessitated him having to submit numerous plans for approval. Mr. Churchill told to Mr. Coykendall that a professional drawing needs to be submitted to the Board showing all required dimensions. Mr. Coykendall asked what is the criterion for where the dock should go, as he doesn't have that answer until the house plans are drawn.

Mr. Risen made a motion to table this discussion, pending Mr. Sweeney showing Mr. Coykendall his engineered plans that were Board approved for the construction of his dock, so as to assist Mr. Coykendall in presenting a plan equal to the caliber of Mr. Sweeney's plan. The motion was seconded. There was discussion by Mr. Churchill regarding the specifics of how plans are reviewed by the Board, including the possibility of placing boats in the water to check navigation, etc, and a discussion by Mr. Chambers regarding the resolution of the 38' vs. the 39' minimum, and general agreement that plans submitted must be engineered. Motion unanimously carried.

The November Financial Statements prepared by Complete Tax Service and Ms. Thomson's QuickBooks financials having been previously reviewed,

Mr. Risen made a motion to approve the QuickBooks financials as presented. The motion was seconded and unanimously carried.

Ms. Thomson's delinquent accounts receivable report was previously distributed and reviewed. Ms. Thomson stated that two late letters were sent and that Mr. Duncan (lot 146) responded to the recent letter stating that he would bring his account current in early January.

Upon review of the December Bookkeeper's Report, Mr. Risen made a motion to approve the December prepaid bills. The motion was seconded and unanimously carried.

Mr. Risen made a motion to approve the December bills for approval. The motion was seconded and unanimously carried.

Mr. Sweeney stated that one set of blinds are missing in the guard house and that the windows should be sheltered to protect the new camera equipment that has recently been installed. Mr. DiNolfi suggested that all the blinds be replaced.

Mr. Chambers suggested that the Association replace the damaged door on the guardhouse, rather than attempt to repair it. Mr. Churchill suggested that the bent post in the exit gate be replaced as well.

A motion was made, seconded and unanimously carried that the guardhouse door be replaced, and a complete set of inexpensive blinds be purchased and installed in the guardhouse.

Mr. DiNolfi stated that Mr. Stroud had just presented him with documentation on the flooding issue on Mr. Stroud's lot, and Mr. DiNolfi stated that he would review the documentation towards a recommendation on resolution of the problem.

Mr. DiNolfi stated that the repairs to the guardhouse are complete. Mr. Stroud stated that the roof is not yet completed; that it still needs caps installed. Mr. Chambers stated that he would talk to the roofer about installing the caps.

Mr. DiNolfi stated that he has received four of the five authorizations to chain off vacant lots, with Mr. Stull (lot 175) yet to authorize. Mr. DiNolfi stated that he would remove the boat and trailer from Mr. Stull's lot so that it can be chained. All of the other boats and trailers have been removed from those who submitted their authorizations. Mr. Churchill stated that during the period of time the lake level is lowered, the Association normally waives the seven-day parking rule for boats and trailers only.

Mr. DiNolfi stated that the dog nuisance regarding the Bozemans (lot 61) should be resolved, as Animal Control issued the Bozemans a warning notice for excessive barking.

Mr. DiNolfi stated that the flagpole has been painted and a new flag is flying. Mr. Sweeney suggested that the hole in the flagpole be patched.

Lastly, Mr. DiNolfi discussed the design of the proposed identification sign to be installed at the main entrance. He proposes it be installed on the stucco wall across from the guardhouse, with 3/16ths metal letters installed onto the wall. After discussion, it was decided that the sign should contain only the letters "Lake Moovalya Keys", which is fewer letters than Mr. DiNolfi's quote of $700 for materials and labor for a "Welcome to Moovalya Keys I" sign. Jansen Ornamental Supply Co. supplied pricing.

After discussion, Mr. Sweeney made a motion to approve the production and installation of metal letters reading Lake Moovalya Keys at a cost not to exceed $500. The motion was seconded and unanimously carried.

Mr. Braun's report was discussed. Mr. Chambers asked Mr. DiNolfi if he informed Mr. Braun not to remove items from the dumpster. Mr. DiNolfi stated that he had done so, but that others continue to place large items outside the dumpster, but that he would continue to prevent this from happening to the best of his abilities.

In regard to the stucco stains on the guardhouse, Mr. Chambers stated that Gonzalez Plastering can fog coat the stains, but because water had previously seeped up the wall, the stains may reappear even with the fog coating.

Mr. Sweeney stated that the cameras are installed and fully operational with the exception of installing the CD burner, which will record in S-video mode, at six frames, with 8 days, 8 hours as the maximum recording time before new data begins to overwrite. Mr. Risen suggested that the Sheriff's Department be informed of the recording time frame so that any potential problems can be addressed prior to the subject data being overwritten. Mr. Collett acknowledged this information.

Mr. Risen stated that he spoke with the Sheriff's Department regarding the Association's use of the mobile radar unit, and the Sheriff's Department will allow the unit to go in. Mr. Risen stated that he would secure the unit so that it cannot be removed.

Mr. Churchill discussed a high-speed motorcycle incident on Yaqui Loop recently, and that Mr. Duncan (lot 146) accosted the perpetrator, who was then cited by authorities for disorderly conduct and nuisance. This prompted a discussion by Mr. Collett who stated that individuals can be cited by authorities for reckless driving, DUI, and disturbing the peace, while the posted speed limit of 15 MPH, per se, cannot be enforced because of Arizona statutes which set the speed limit in residential areas at 25 MPH. However, if a lower than state-mandated speed limit is necessary for public safety, authorities can issue citations for reckless driving and/or DUI. Mr. Churchill asked Mr. Collett if a citizen's report is adequate information for authorities to issue such a citation, and Mr. Collett stated that it would be, if the reporting citizen files a complaint.

Mr. Chambers asked Mr. DiNolfi about the rules and fines proposal that is to be presented before the next annual meeting, and Mr. DiNolfi recommended that the Board adopt his previously presented proposal for rules and fines. Mr. Churchill stated that the Association's proposed rules and fines should be presented for vote at the next annual meeting.

Mr. Chambers asked Ms. Thomson if the Association's telephone line in Ms. Coffelt's house has been disconnected, and Mr. Thomson stated that it was disconnected.

Mr. Chambers brought up discussion about the VDMA trash issue, specifically why the trash company will no longer service Vista del Monumento, and Mr. DiNolfi stated that it is a safety issue for the trash truck drivers, as they can no longer get in and out of the property safely. Mr. Hansen (lot 7, VDMA) stated that he is one of the only ones who pay the Association a courtesy annual trash fee, and he believes that all VDMA owners should pay, especially now that VDMA owners must use the Association's dumpsters.

Mr. Risen made a motion that all Vista del Monumento owners are assessed a trash fee for the use of the Association's dumpsters. After discussion in which Mr. Churchill stated that he would like to review the assessment letter, or perhaps prepare the letter, the motion was amended, seconded and unanimously carried that John Churchill is authorized to prepare an assessment letter to all Vista del Monumento owners, in which they will be assessed an annual fee of $144 each for the use of the Association's dumpsters.

Mr. DiNolfi stated that he has inspected the access blocking devices (chains, etc.) on homeowner lots to ascertain whether or not they encroach onto the street, and he advises that all of them are within the property boundaries.

In regards to Mr. Stull having yet to provide us with authorization to chain off his lot, Mr. Sweeney suggested to Mr. DiNolfi that he contact Robert Gory to solicit his assistance in getting Mr. Stull's authorization.

Mr. DiNolfi brought up the Bozeman dog problem again, stating that dog feces and urine is not a health issue, according to La Paz County. Mr. Churchill stated that dog odors are a nuisance and violate the CC&R's. Ms. Baerg stated that the odor continues and that the dogs do bite people. She also stated that one of the dogs dragged her labrador through the wrought iron fence onto the Bozeman's property. Mr. Stroud suggested that Mr. Churchill write a letter to the Bozemans regarding the dog nuisance.

A motion was made, seconded and unanimously carried to authorize John Churchill to prepare and send a letter to the Bozemans (lot 61) regarding their dogs constituting a nuisance in accordance with the Association's CC&R's.

Mr. DiNolfi presented a drawing from William Maeck (lot 249) located on Navajo Lane across from the mailboxes and adjacent to the common lot. The drawing depicts a requested block wall extension 4' high and 12' long, with a gate into the common lot. The wall is an extension of an existing wall within the homeowner's property line. Mr. Churchill asked if the proposed wall would be in violation of the 5' CC&R rule, and Mr. Chambers stated that it would not be a violation, that it is a decorative wall only. Mr. Svider inquired as to whether or not Mr. Maeck's proposed construction is subject to a $750 construction deposit, and it was determined that it is not.

Mr. Sweeney made a motion to approve the plan for the wall extension as presented by William Maeck (lot 249). The motion was seconded and unanimously carried.

Mr. Stroud stated that four homeowners on Hopi Drive have complained to him about the trash trucks arriving too early in the morning, between 5:00 and 5:30 a.m. This problem has arisen before, and whenever the Association has requested the trash company not to arrive so early, they have complied, but the problem resurfaces. Mr. DiNolfi was requested to contact the trash company to see if they can delay picking up trash until 7:00 a.m., or later.

Mr. Churchill stated that when Sandy Brown was in his office recently to repay her debt to the Association, he discovered that she has lung cancer, that she is receiving radiation treatments, and that she is obviously quite ill. Her address was shared with Board members who wished to send her a card.

Ms. Wikoff stated she was having a post-holiday party this weekend and passed around a flyer.

Mr. Collett expressed his appreciation for being able to participate in tonight's meeting, and that the Sheriff's Department is going to work towards curbing the wake problem in the canals this coming season.

There being no further business to come before the Board, the meeting adjourned at 8:00 p.m.

Submitted by Recording Secretary, Sue Thomson