Board of Directors
MARCH 1, 2004
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
Vice President: Chris Chambers (arrived at 6:40 p.m.)
Board Members: Bill Risen, Bob Stroud, Trish Wikoff, Russ Derby,
Jack Sweeney, Joe Maxwell, Joe Price, Gary Svider, Tonya McPherson
Guests: Barbara Risen (lot 184), Gene Hines (lot 130), Al McPherson
Legal Counsel: John C. Churchill
General Manager: Richard DiNolfi
Bookkeeper/Recording Secretary: Sue Thomson
Mr. Sweeney instructed Ms. Thomson to revise the February correction
to the January Minutes; paragraph 1, page 1 under "Minutes"
to read as follows: "Mr. Sweeney stated that a minimum 39'
is required from dock to dock. The bridge clearance is 14'."
There being no further discussion, a motion
was made to approve the February 2004 Minutes as corrected. The
motion was seconded and unanimously carried.
Some of the Board members stated they were unable to retrieve
in a legible format the January financials e-mailed by Ms. Thomson.
Ms. Thomson stated that the financials were converted into tab-delimited
format then cut and pasted into one document/attachment. Many
of the Board members stated they would prefer to view the financials
in QuickBooks' format. Ms. Thomson stated she would mail the January
financials, in QuickBooks format, to all Board members before
the end of the week, and she will work on a new technique for
future e-mail distribution of financials. The approval of the
January financials was postponed until the next Board meeting.
The delinquent accounts report was discussed,
with Mr. Baker expressing his pleasure at the fact that there
are currently only five delinquent accounts over $300. It was
noted that Mr. Braun retired his position as groundskeeper effective
The Bookkeeper's Report was discussed. Ms.
Thomson reported that Complete Tax Service has not yet completed
the 2003 financials or the 2003 income tax returns. Ms. Thomson
met with Tammy at Beaver Insurance to do the initial review of
the renewal policies of insurance. Ms. Thomson reported that her
surety bond is in place for $100,000. Ms. Thomson, and Mr. Baker,
both stated they have been in contact with Becky Braska regarding
the production of the 2003 annual meeting minutes, the October
minutes, and the final approved minutes for July and September.
Prepaid bills and bills for approval were discussed.
A motion was made to approve the February
Bookkeeper's report, including the prepaid bills and bills for
approval. The motion was seconded and unanimously carried.
Mr. DiNolfi read the General Manager's report.
Excess vegetation needs to be cleared on Lot 9, as well as lot
10 to reduce the fire hazard. Mr. Chambers stated the fire department
has given prior warnings to the owners of lot 9. Mr. Baker requested
Mr. Churchill to prepare and send letters to the owners of lots
9 and 10 regarding the hazardous overgrown vegetation. Mr. Baker
asked Mr. DiNolfi to take photographs of the overgrown vegetation
and submit them to Mr. Churchill.
Mike Dyer submitted an unacceptable bid on
the bridge repairs, and Mr. Stanton is working on his bid. Mr.
DiNolfi presented his separate reports regarding Mr. Hines and
Mr. Stroud's flooding issues, which will be discussed later tonight
in a closed session. Mr. DiNolfi also researched prior meeting
minutes regarding the purpose of the white stripes in the streets.
If the Association decides to enlist Parker Towing to remove vehicles
in violation, it would have to pay for their services at the time
of towing. Mr. DiNolfi stated there is now a sun shield protecting
the gate code unit, fabricated by P&M Enterprises.
Mr. Baker asked Mr. Hines if he had any further
information to present tonight on behalf of his request for partial
reimbursement in the amount of $1,000 on the drain he had installed.
Mr. Hines stated he did not. Mr. Baker asked Mr. DiNolfi if he
has any questions. Mr. DiNolfi asked Mr. Hines whom the inspector
was that he referred to at last month's Board meeting. Mr. Hines
stated he only knew that he paid $250 to the Association for its
engagement of an inspector in 1975. Mr. Baker stated that this
matter would be discussed towards the end of tonight's meeting
in a closed session. Mr. Svider asked Mr. Hines if he has a live
cable wire running the length of the drainage ditch. Mr. Hines
stated there is a live telephone line in the ditch. Mr. Hines
stated that he has contacted Kenko and Buckskin Sanitary requesting
reimbursement, and all they said to him was, "have a nice
day". Mr. Hines further stated that with the recent rains,
he didn't have any flooding problems; that his new drain handled
As a follow up to Mr. Hines' prior concern
about his neighbor's dock extension, Mr. Hines stated that he
spoke with the Army Corp of Engineers. He thereafter measured
the subject dock beams and stated that the dock falls within the
limits of the law, i.e., 5' by 50'.
Mr. Stroud asked about specific dock requirements,
and Mr. Baker stated that the original CC&R's allowed a homeowner
to replace a dock at not to exceed the length of the original
dock. However, when the sewer system went in, all bets were off,
and the new requirements were that docks could not be constructed
beyond that of adjacent homeowners' docks.
Mr. Baker asked Mr. Chambers if there had been any follow up discussion
with the County regarding its approval of plans prior to the required
Association plan approval. Mr. Chambers stated there had not been
any further word.
Mr. Baker asked Mr. Churchill about the status
of the VDMA trash assessment letters, and Mr. Churchill reported
that the letter is drafted. Ms. Thomson is to obtain the names
of the property owners who will be receiving the letter. Mr. DiNolfi
reported there has been no further activity regarding the Brooke
Mr. Baker discussed the upcoming renewal of
the Association's insurance policies, stating that Mr. Sweeney
is to get serial numbers on the new camera system equipment in
the guardhouse, to the extent there are serial numbers. Mr. Sweeney
asked Ms. Thomson to submit a copy of the equipment invoices to
Beaver Insurance. Mr. Baker stated he has asked Beaver Insurance
to increase the coverage on the bridges to $20,000 and that he
wants clarification on coverage described as "bridge coverage".
Mr. Baker also requested Beaver Insurance to increase coverage
on the guardhouse to $10,000.
Mr. DiNolfi reported that the second phase
of the street resurfacing plan is underway, with T&C Seal
Coating ready to seal coat the streets at a price of $21,892.
Upon completion of the seal coating, the Association's streets
will require no further maintenance for three years. He also stated
that Buckskin Sanitary could do a hot patch on the Apache lot
needing attention, perhaps as soon as next week. Mr. McPherson
inquired if there were any lots that could be affected by lateral
sewer hook ups, and should the laterals be located prior to the
street work. Mr. Derby stated there aren't many undeveloped lots
left, so it is not an issue.
A motion was made and seconded to approve
the T&C Seal Coating Bid to seal coat the streets for $21,892.
There was discussion about whether or not Buckskin Sanitary would
replace the cracked sewer lines, with Mr. DiNolfi stating that
Buckskin and Kenko do not have funds for repairs. Mr. Baker asked
Mr. DiNolfi to make sure they are not going to do anything. Mr.
Churchill asked if the job cost includes striping, and Mr. DiNolfi
stated the stripes would be visible after the job, with Mr. Baker
adding that the Association will need to re-stripe. Mr. DiNolfi
responded to Mr. Baker's request of him to confirm that Kenko
and Buckskin were not planning on replacing cracked sewer pipes
by referring to the December 2003 minutes concerning this matter
wherein Mr. Stroud stated to the Board that Buckskin told him
they did not have funds to correct any problems and that "the
problem was relayed to Kenko by Buckskin, and that Kenko has no
funds to fix the cracked sewer pipes either". Mr. McPherson
inquired about potential liability to the Association as a result
of cracked sewer pipes. Mr. DiNolfi stated that they are merely
hairline cracks or stress cracks. Mr. Baker stated that liability
lies with the sewer district. The motion was seconded and unanimously
Mr. DiNolfi was instructed to confirm with
Buckskin Sanitary its position on the cracked sewer pipes issue
prior to commencement of the seal coating. Mr. DiNolfi will also
notify homeowners of the seal coating job schedule.
Mr. Baker opened discussion on the "parking
vs. storage" issue, stating that boats parked in the streets
are considered "storage" because they are inoperable
on pavement. Mr. Derby stated that the Association needs to be
specific regarding the purpose of the white lines. Mr. Churchill
was instructed to prepare a notice to homeowners clarifying the
rules on parking. Mr. Churchill stated the notice would clarify
that the purpose of the white lines was not to move property lines
into the streets; that parking on the streets shall be defined
as the temporary placement, not to exceed 72 hours, of an operable
motor vehicle. Violators will be notified in writing, and if their
vehicle isn't moved, it will be towed, and their lot will be assessed
the towing fee. The towing company will charge the vehicle owner
directly for any storage fees. Mr. DiNolfi shall be responsible
for enforcement. Mr. McPherson inquired if La Paz County rules
apply to Association streets, and Mr. Churchill stated they do
not, as Association streets are private property. Mrs. McPherson
suggested the letter give homeowners a deadline, perhaps after
the April 10 annual meeting, to move vehicles that are in violation
and that homeowners should also be reminded about the rules regarding
Mr. Baker opened discussion on the Stroud
flooding matter, the Board having previously reviewed Mr. DiNolfi's
comprehensive report. Mr. DiNolfi reported that during last Friday's
heavy rain, he was at Mr. Stroud's house observing the rainwater
runoff, stating that water was running over the lot, but it didn't
"lake" as before. Mr. Baker asked Mr. Stroud if he concurs
with Mr. DiNolfi's assessment, and Mr. Stroud stated that he didn't
know. Mr. Stroud did say that typically the water spills over
the hump, fills the driveway, and then proceeds towards the garage;
that incomplete grading caused a low spot. Mr. Price pointed out
that no one is aware of what the situation was prior to the sewer
installation. Mr. Derby stated that the only way to alleviate
runoff problems for homeowners is to channel it towards the ramp.
Mr. DiNolfi believes the solution to the problem would be a fill
patch to the high points, and then Mr. Stroud could install a
10-12' grate directing water to the river. There needs to be catch
basin to carry water to a 3" drain that Mr. Stroud is already
tying into. Mr. Baker stated that since Mr. Stroud's neighbor
on the right is about to build a garage, would it be possible
for Mr. Stroud to tie into that drain. Mr. Stroud stated that
he would install a trough once the street is fixed. Mr. Baker
deferred further discussion on the matter until a closed session
Mr. Stroud inquired about the fire department's
request that street address numbers be visible on the canal-facing
side of all houses. Mr. Chambers stated the fire department is
not enforcing its request, but it is helpful to rescue boats to
be able to identify properties from the water. Mr. Risen stated
that the request is posted on the website, and Mr. Baker said
he will mention it at the annual meeting.
Mr. Sweeney reported that ten women who wish to hold a community
garage sale on either the first or third weekend of April have
approached him. Mr. Stroud stated that the CC&R's do not allow
garage sales, especially one of this magnitude, and too many people
would show up, which would be a real problem with our narrow streets.
Mr. Stroud also stated that this would present a security issue,
as the gate would have to remain open for the sale. Ms. Wikoff
stated that she was previously approved for an individual garage
A motion was made and seconded that the holding
of an area garage sale by the women who have requested permission
to do so be approved for the third week of April. After discussion,
a vote was taken, and the motion failed carry.
Mr. DiNolfi presented a plan review by the
new owners of lot 60 located at 8812 Apache. Several of the Board
members had already reviewed the plans with Mr. DiNolfi prior
to the meeting. The plans involve a conversion of the existing
carport into an extended garage. The homeowner is requesting permission
to extend the garage wall 9" beyond the existing face. It
was pointed out that the columns are not 10' from the property
line, as is indicated in the plans. It was also pointed out that
on the lot 61 (Bozeman) remodel, the Association allowed the Bozemans
to build out to the face. Mr. Derby stated that the Bozemans removed
the existing columns and put in the floor and stem walls. Dale
at La Paz County had been asked if they would need a variance
and were told they would not, because there was no change in the
roof. The plans for lot 60 call for the new face of the proposed
garage to be in line with the Bozeman's face. Mr. Churchill stated
that he did not believe the lot 60 plans were properly drawn,
because the property line appears to be in the same place as the
white line, and he believes that the garage could be constructed
only to the columns. Mr. Sweeney stated that the requested 9"
extension would bring the face out to the structure's gable end,
which is acceptable procedure. Again, it was noted that the plans
are incorrect regarding the 10' setback, and the Association needs
better plans submitted and a physical inspection. Mr. Risen stated
that properly surveyed plans should be required, as have been
in the past.
A motion was made and seconded to approve
the plans submitted by the owners of lot 60 for a carport-to-garage
conversion, with a 9" face extension beyond the existing
post to the gable. There being no further discussion, the motion
carried by a majority vote.
Mr. DiNolfi presented plans submitted by Neil
Kleine (lot 223) for the construction of interior walls.
A motion was made and seconded to approve
Neil Kleine's plans for the construction of interior walls in
the structure located on lot 223, without the necessity of a construction
deposit. There being no discussion, the motion was unanimously
Mr. Baker opened discussion on the annual
meeting set for April 10, stating that this year's meeting will
be held on site, with a pit barbecue and refreshments following
adjournment of the meeting. Mr. Chambers volunteered his services
and equipment in the barbecue set up, and he will enlist the services
of the pit cook. Trish Wikoff, Tonya McPherson and Pat Farmer
will serve on the set-up committee. The barbecue lunch will be
free to those members who sign in at the annual meeting.
The regular meeting recessed at 8:10 p.m., with Mr. Stroud and
Mr. Hines being excused. The Board convened to a closed session
for the purpose of discussing Mr. Hines' request and Mr. Stroud's
request for assistance in the resolution of flooding issues on
their respective properties. The Board reconvened the regular
board meeting and adjourned at 8:30 p.m.
Submitted by Recording Secretary, Sue
APPROVED BY BOARD OF DIRECTORS APRIL 5, 2004