| LAKE MOOVALYA
KEYS, INC.
Board of Directors
Regular Meeting
SEPTEMBER 6, 2004
CALL TO ORDER
President Chuck Baker called the regular meeting of the Lake Moovalya
Keys Board of Directors to order at 6:03 p.m.
PRESENT
President: Chuck Baker
Board Members: Bob Stroud, Jack Sweeney, Joe Price, Gary Svider,
Tonya McPherson, Bill Risen, Trish Wikoff
ABSENT
Vice President: Chris Chambers
Board Member: Joe Maxwell
OTHERS PRESENT
Guests: Al McPherson (lot 70); Squeak (lot 122); Jennifer Baerg
(lot 62); Dan & Jennifer Bahler (lot 188); Barbara Risen (lot
184); Carl & Kaye Bozeman (lot 61); Steve Lassere (lot 83);
Patricia Schienle (lot 96); Dennis Standrod & Ed Ruhman (lot
64)
Legal Counsel: John C. Churchill
Bookkeeper/Recording Secretary: Sue Thomson
General Manager: Joanne Hugaert
Mr. Svider asked if Mr. Vestermark’s
building (lot 222) has been measured for height. Mr. Sweeney stated
that it had not, due to scheduling problems between himself, Mr.
Chambers and Mr. Vestermark. Mr. Sweeney was asked to get together
with Mr. Vestermark to measure the building and not worry about
Mr. Chambers being present.
MINUTES
Mr. Bahler raised a question about meeting minutes and their content,
specifically last month’s meeting where his neighbor, Mr.
Gravatt attended and spoke of issues with the Bahlers. Mr. Baker
responded by stating that monthly Association meetings are open,
and homeowners are encouraged to attend. The Association has no
control over what’s said at the meetings. Mr. Baker told
Mr. Bahler that it sounds like there are personal issues between
him and his neighbor.
Mr. Bahler expressed his concern over his
neighbor’s slandering of his name at the August meeting.
Mr. Bahler stated that Mr. Gravatt was responsible for the placement
of a large 3’ rock and plastic sheeting in the middle of
the channel, both damaging to boat props. He stated that Mr. Gravatt
stuccoed the side of the wall facing Mr. Gravatt’s property,
but that the wall is completely on Mr. Bahler’s property,
according to a survey which Mr. Bahler had done, and that he had
asked Mrs. Gravatt not to paint their (Gravatts’) side of
the wall. He further stated that the wall is cracked and undermined
due to Mr. Gravatt’s excavation when he remodeled, and that
the wall is now 5.5’, down from 7’ high. Mr. Bahler
also stated that Mr. Gravatt did not have the proper building
permit, in that the permit was only for a bedroom remodel. However,
the Gravatts took the house down to the foundation. Mr. Bahler
stated he wanted to sue Mr. Gravatt for slandering his name. Mr.
Bahler stated that he has always asked Mr. Gravatt if the music
bothers him, to which he said Mr. Gravatt told him that it did
not.
Mrs. Bahler stated that the wall is completely
on their property by 1”, not 1” on the Gravatts’
property, as Mr. Gravatt stated at the August meeting. Mrs. Bahler
stated they had to put up a “No Trespassing” sign
because Mrs. Gravatt called the cops and told them that the Bahlers
were threatening them. Mrs. Bahler stated that other lots in the
Keys have “No Trespassing” signs, so they should be
allowed to have a “No Trespassing” sign, especially
since the sign is the only way to throw people off their property.
Mrs. Bahler also disputed the citation received
over the July 4th holiday, as the fireworks were not coming from
their garage. Ms. Hugaert reported that she saw a blonde woman
coming out of their house, and Ms. Hugaert discussed with her
the underage drinking by the two teenage boys, and that the boys
admitted to Ms. Hugaert that they were “busted.” Ms.
Hugaert stated the boys were drinking Coronas and doing donuts
in the golf cart.
Mr. Bahler stated that the people across the
street from their house were arrested last night. Mr. Bahler asked
what the Association can do for him, and does the Association
have a record of the Gravatts’ building plans? What about
his cracked wall? Can they keep the “No Trespassing”
sign? He stated that the Gravatts have come onto his property
three times, so the cops suggested Mr. Bahler put up a “No
Trespassing” sign.
Mr. Baker stated that the minutes report what
is said at each meeting. He stated that we (the Board members)
are just people who donate our time. Mr. Baker stated that in
his 30 years in the Association, a similar situation has come
up only once or twice, and that the Board is not able to get involved.
The Board approves plans for remodels, but Mr. Baker stated that
he does not recall when the Gravatts’ building project was
done. Mr. Bahler stated that it was two years ago that they were
just starting. Mr. Baker stated that the Board could look for
the plans. Mrs. Bahler stated that the Gravatts took the structure
down to the slab, leaving one wall. Mr. Baker stated he would
have to see the plans. Mrs. Bahler asked about the legality of
keeping the “No Trespassing” sign up, and Mr. Churchill
stated that it should be okay; that he will review the CC&R’s,
but he stated that this subject was not a concern to the drafter
of the CC&R’s. Mr. Bahler stated the he doesn’t
believe the Gravatts’ remodel is permitted. Mr. Churchill
stated that spray painting “My Wall” on the wall is
probably a CC&R violation. Mr. Bahler stated that he removed
the writing from the wall. Mr. Churchill stated that walls are
not an Association matter. Mr. Baker stated that the Association
doesn’t get involved in personalities and slanderous matters.
Mrs. Bozeman expressed her displeasure over
a recent citation, where one of her construction workers was parked
over the white line. Mr. Baker stated that a Protest Committee
has not yet been formed to discuss protests separate from the
regular meetings in order to save time. Mrs. Bozeman stated that
work couldn’t be done on their remodeling project without
workers’ trucks parking over the white line. She stated
they are getting ready to put on a new roof, and where should
the delivery truck park to deliver and place the tile? She stated
that the citation situation has gone too far. Where are cement
trucks supposed to go? Into the common lot, and walk in? Mr. Baker
stated that over-the-line parking has gotten out of control, and
a citation process is the fairest way to deal with it. The Association
loses control if it makes exceptions. He stated that recommendations
on protested citations are to be determined by a committee. Mr.
Baker stated that Mrs. Bozeman could be on the Protest Committee
if she wishes, as one does not have to be a Board member to be
on a committee.
Ms. Baerg stated that the Bozemans’
dog bit her dog last Thursday. Mrs. Bozeman stated that Animal
Control came out, at Ms. Baerg’s request. Mrs. Bozeman stated
that Animal Control looked at the wrought iron railing, and they
stated that there’s no way the dog’s head could fit
through it. She stated this is the same situation as the last
time, in which Ms. Baerg’s dog came through the fence. Mrs.
Bozeman stated that the incident Ms. Baerg reported at the December
meeting is a lie. Mr. Baker told Mrs. Bozeman that she needed
to work it out.
Mr. Ruhman suggested that contractors get
a permit to park in the street.
Mr. Lassere reported a problem this holiday
weekend with loud pocket-rocket scooters between 1 and 3 a.m.
Mr. Lassere was not pleased that there is no telephone at the
gate with which to contact the security guard. Ms. Hugaert reported
that she was aware of the scooters, and that they were bypassing
the gate; that they were not stickered and that the Sheriff had
been called. They engaged in the same activities last night as
well. Ms. Hugaert and Mr. Lassere both stated that the offenders
do live in the Keys, and Mr. Lassere knows where they live on
Apache. They are using a garage door opener to zip into the garage
before being caught. Mr. Baker stated that things have gotten
out of control, but that the Association is going to do what it
has to do to get it under control.
Ms. Hugaert stated that she issued 15 citations
over the Labor Day holiday, all of them being new offenders, as
opposed to 27 citations over the July 4th holiday. She believes
people are paying attention to the rules.
Mr. Risen made a motion to approve the August
2, 2004 Board Minutes. The motion was seconded. There was no discussion,
and the motion carried.
Mr. Risen made a motion to approve the August
3, 2004 Executive Session Minutes. The motion was seconded. Mr.
Baker asked that references to “Executive Session”
be replaced with “Work Session,” as that’s what
it was. There was no further discussion, and the motion carried.
REPORTS
Mr. Baker asked Ms. Thomson about the credit on the Attorney Fees
expense account on the profit & loss statement. Ms. Thomson
explained that it was the result of the $10,000 Vestermark court
bond refund being posted to that account. Mr. Svider asked for
detail on the Grounds/Landscape account. Ms. Thomson stated she
would provide him with that information on Tuesday after reviewing
the records.
Mr. Price made a motion to approve the August
profit & loss statement. The motion was seconded. There was
no discussion, and the motion carried.
Squeak raised a question about a rumor he
heard from Judy Derby that $13,000 to $16,000 is missing. Ms.
Thomson and Mr. Baker stated that the Keys is not missing any
money. Ms. Wikoff heard that the rumor was an embezzlement that
had nothing to do with the Keys. Mr. Baker reported there was
a recent incident with the Parker Tourism Director who was recently
terminated.
Mr. Stroud made a motion to approve the August
balance sheet. The motion was seconded. There was no further discussion,
and the motion carried.
Mr. Baker commented on the General Manager’s
Daily Notes being in excellent form. Ms. Hugaert stated that gate
code 2810 has been terminated, due to its mass distribution among
the general public.
Mr. Svider inquired about Ms. Hugaert’s
notes of August 5 concerning renters (lot 114) parking in others’
driveways, namely Mr. Baker’s, and blocking access into
the garage. Ms. Hugaert stated there seems to be nothing the Association
can do about this problem. Mr. McPherson wondered why in Arizona
couldn’t the Sheriff come in and issue a citation for blocking
access, when they can cite for other things. Mr. Churchill stated
that if it’s not a violation of an Arizona statute, then
they won’t issue a citation. If someone is blocking access
to your house, a tow truck can tow them away. Ms. Hugaert stated
that not adopting a fine for blocking someone’s driveway
is the same situation as not being able to cite someone for parking
in a vacant lot, because it’s not in the Association’s
rules. Mr. McPherson wondered what the remedies are when the car
parked in someone’s driveway is only partially on the property.
Mr. Stroud reported that a similar incident occurred at his property
in town, and CRIT Police towed the car. Mr. Baker stated that
he would talk to Hal Collett about this problem.
The Bookkeeper’s Report was reviewed,
and Mr. Svider inquired about National Bank’s services charges.
Ms. Thomson stated that service charges are based upon a complex
formula of checking account activity and daily account balances.
Ms. McPherson had a question regarding Ms. Hugaert’s fee
for 3.5 hours of trash pick up paid out of petty cash. Ms. Hugaert
stated that it was based on a flat rate, not an hourly rate.
OLD BUSINESS
Mr. Baker asked if Angel of Big River Landscaping is performing
his trash pick up and clean-up duties in a satisfactory manner.
Ms. Hugaert stated that he is doing the job. Mr. Baker asked Ms.
Hugaert to get a bid for the major oleander trimming that needs
to be done. Mr. Stroud stated that Parker Tree Service’s
bid was in the area of $1,000 to $1,200; that we need to determine
the height for Bob Kerbs. Ms. Wikoff stated that there’s
a certain time of year when this should be done. Mr. Baker stated
that this would be discussed and decided on at the next meeting.
Mr. Price inquired whether we should leave some height on the
oleanders by the road so as to hide the trailers. Mr. Baker agreed,
stating that Mr. Braun, former groundskeeper, used to cut them
short, just because he thought they should be short.
Mr. Baker discussed the progress since Ms.
Hugaert’s revised Job Description was put into effect, reporting
that she knows what is expected of her.
Mr. Baker reported that almost all of the
vacant lots have been fenced off, and he wondered if it is no
longer necessary to hold a special meeting to adopt a rule, now
that the subject is moot. Ms. McPherson stated that people are
still parking between the chains and the white stripes, and Mr.
Baker stated that is okay. Squeak reported that some of the chains
are too far back, and Ms. Hugaert reported that letters were sent
to those lot owners to move the chains and poles up to the property
line. Squeak reported there’s one on Moovalya that may not
have gotten a letter.
Mr. Baker asked Mr. Sweeney about the status
of a new gate card reader. Mr. Sweeney stated he would discuss
it later.
Mr. Baker asked about the status of the $1,000
security deposits on all rental properties. Ms. Hugaert stated
that she has spoken with the local real estate agencies about
agency-rented properties. Mr. Baker stated that the Association
must collect the $1,000 from all homeowners who rent their properties,
regardless of whether or not they are agency managed. Mr. Stroud
stated that guests of the motel are frequent offenders of double-tying
boats and jumping. He suggested that each hotel room put up a
$1,000 deposit. Mr. Baker asked Ms. Thomson to compose a letter
to all homeowners who rent their properties, asking them to remit
the $1,000 security deposit. Mr. McPherson suggested the letter
go out to all homeowners. Ms. Thomson suggested the letter go
out with the October statements, and Mr. Baker concurred on both
suggestions.
NEW BUSINESS
Mr. Baker asked Ms. Hugaert about security guard performance over
the holiday. Ms. Hugaert reported that the service was okay, except
that the first guard did not train the second guard. Mr. Baker
stated that he talked to Darrell, one of the guards, about the
possibility of using their service on non-holiday weekends, but
at a cheaper rate. Mr. Baker also mentioned the VIP program, similar
to Neighborhood Watch, where volunteer homeowners are trained.
Ms. McPherson presented a large, printed identification
tag, which can be hung from vehicle rear-view mirrors. She got
a quote for 2000 printed, laminated, cut and punched tags bearing
individual lot numbers. Mr. Lassere stated there are too many
vehicles in the Keys. Mr. McPherson stated that you can’t
see the lot numbers on the silver-foil stickers from a distance.
Ms. Thomson presented a quote for more sets
of the silver-foil 2” round weatherized stickers, which
Ms. Hugaert has been attempting to distribute over the past two
weeks.
Mr. Sweeney made a motion that the Association
purchase 8 sets of the 2” silver foil lot stickers from
Parker Office Supply, who supplied the quote. The motion was seconded
and carried.
Mr. Baker asked Ms. Thomson to establish a
reserve account at the bank for the to-be-determined Kenko-related
repairs. Mr. Churchill stated the account should hold the exact
amount of the funds for which final payment was withheld. Ms.
Schienle stated that there are still drainage problems, and that
nothing ever happened. Mr. Baker stated that the Association now
has the ability to use the withheld funds, but that it has more
claims than money. He stated that several homeowners need repairs.
Mr. Baker asked Ms. Thomson to also establish
an additional reserve bank account for future street repairs.
The vacancy on the Board of Directors was
discussed, with Mr. Baker asking Ms. Baerg if she is interested
in the position. Ms. Baerg stated that she wouldn’t mind.
She’s been a homeowner for over a year now, and she likes
knowing what’s going on. Mr. Baker asked Squeak if he is
interested in the position. Squeak stated that he would be willing
to serve on the Board, stating that he has been here for five
years.
Ms. Thomson distributed sheets to all board
members present for a blind vote. Squeak received three votes;
Ms. Baerg received two votes, with three Board members abstaining.
Mr. Baker opened discussion on the formation
of the Citation Protest Committee. After discussion from those
willing to serve as committee members, the following persons were
appointed to the Committee: Gary Svider, Squeak, Kaye Bozeman
and Al McPherson. Mr. Baker stated that Ms. Hugaert would be in
charge of scheduling monthly committee meetings one week before
each regularly scheduled Board meeting to review with the committee
all citation protests and to make recommendations to the Board
on the validity of each protest. Current protests will not be
determined until the October meeting, after the newly formed Protest
Committee meets later this month.
Mr. Stroud reported that Mr. Grybowski’s
plans are not ready for submission.
Mr. Svider brought to the meeting two bridge
signs with their invoice. He also presented the reflective address
numbers sample sign, with photographs of an installed sign. Ms.
Thomson is to prepare a letter to homeowners located on canals
to request their permission for the Association to install address
signs on those properties.
Mr. Bozeman asked whether or not they would
receive future parking citations if they obtained permits for
their construction trucks to park over the white line. Mr. Sweeney
stated that the Association would be reasonable.
Mr. Svider asked about the status of the buoy
light repairs. Ms. Hugaert stated she did not know, other than
she knows who the kids are who immersed the lights. Mr. Svider
stated he also knows who did it. Ms. Hugaert was asked to order
the replacement parts and have them installed.
Mr. McPherson asked that the dilapidated No
Wake sign east of the ramp at the end of Moovalya Drive be repainted.
ADJOURNMENT
The meeting adjourned at 7:45 p.m.
Submitted by Recording Secretary, Sue Thomson
APPROVED AS CORRECTED BY BOARD OF DIRECTORS OCTOBER 4, 2004
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