Board of Directors
Regular Meeting

President Chuck Baker called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:03 p.m.

President: Chuck Baker
Board Members: Bob Stroud, Jack Sweeney, Joe Price, Gary Svider, Tonya McPherson, Bill Risen, Trish Wikoff

Vice President: Chris Chambers
Board Member: Joe Maxwell

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.

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.

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.

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.

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.

The meeting adjourned at 7:45 p.m.

Submitted by Recording Secretary, Sue Thomson