Board of Directors
JANUARY 5, 2004
CALL TO ORDER
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
Mr. Risen made a motion to approve the QuickBooks
financials as presented. The motion was seconded and unanimously
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
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
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
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
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
APPROVED BY BOARD OF DIRECTORS FEBRUARY