Board of Directors
OCTOBER 4, 2004
CALL TO ORDER
President Chuck Baker called the regular meeting of the Lake Moovalya
Keys Board of Directors to order at 6:00 p.m.
President: Chuck Baker
Vice President: Chris Chambers
Board Members: Bill Risen, Bob Stroud, Jack Sweeney, Joe Maxwell,
Tonya McPherson, Squeak, Gary Svider
Board Member: Joe Price, Trish Wikoff
Guests: Al McPherson (lot 70); Dan Bahler (lot 188); Ray &
Patti Mentch (lot 101)
Legal Counsel: John C. Churchill
Bookkeeper/Recording Secretary: Sue Thomson
General Manager: Joanne Hugaert
The Minutes from the September meeting being previously reviewed,
Ms. McPherson pointed out two typographical errors on page 5,
wherein the words “to” and “up” should
be deleted. Mr. Bahler wanted it known that the reason for his
comment at last month’s meeting where he stated “the
people across the street from their house were arrested last night”,
as mentioned on page 2, paragraph 4 of the September Minutes was
that the neighbors across the street had uninvited guests, and
that the uninvited guests were the cause of the trouble.
A motion was made to approve the September
Minutes as corrected by Ms. McPherson. The motion was seconded;
there was no further discussion, and the motion carried.
Mr. Baker reviewed the financial reports for September. Mr. Stroud
asked about the expense entry for gate clickers. Ms. Thomson stated
it was due to inventory depletion.
Ms. McPherson made a motion to approve the
September financial reports. Mr. Sweeney seconded the motion.
There was no further discussion, and the motion carried. Mr. Baker
noted that there were no delinquencies over $300 as of September
CALL TO PUBLIC
Mr. Bahler spoke regarding his protested fine being added on his
dues’ statement. The fine was itemized on the statement
as “Fine (protest hearing on 10/4).” Mr. Baker asked
Ms. Hugaert to review Mr. Bahler’s protest, which was recently
reviewed at the Protest Committee Hearing. Mr. Baker stated that
the Protest Review Committee consists of two board members and
two non-board members who submit to the Board their recommendations
after hearing protests. Ms. Hugaert read her report of the facts
of the incident as she witnessed them, and she read Mr. Bahler’s
protest. Mr. Sweeney, who is on the Committee, reported that after
the Committee’s review, it was recommended that the fine
be imposed. Mr. Bahler disputed the General Manager’s report
of the incident and inquired about her authority to determine
another person’s intoxication. Mr. Baker asked Mr. Churchill
to comment, in which he stated that the Association has the power
to create rules and regulations, and assess fines. These fines
are civil in nature, not criminal, wherein the burden of proof
is less than it is in criminal matters. He stated that if someone
wants to further contest a ruling, a thorough investigation could
be done for between $100 and $175 per hour for a private investigator,
and that after interviewing witnesses, one might expect about
six hours of investigation service, all of which comes out of
Association dues. He stated that a mere preponderance of evidence
is all that is needed to assess a fine; that the investigation
is done at the homeowners’ expense. Mr. Bahler stated it’s
the principle of the matter, not the money.
Ms. McPherson stated that she didn’t
believe one could legally have alcohol while driving a golf cart.
Mr. Churchill stated that golf carts are considered the same as
motorized vehicles and are subject to the same open container
laws. Mr. Churchill again stated that we are talking about the
Bahler fine being a civil fine and that any litigation costs resulting
from protested fines are passed on to the homeowners. Mr. McPherson
asked Ms. Hugaert if she saw the Coronas in the golf carts with
the boys, and she stated that the Coronas were in their hands
while they were in the cart driving on the street, and later they
were in possession of the Coronas while she was talking to them
in their garage.
Mr. Churchill stated that one does not have
to pass a test to possess the ability to determine intoxication.
Bartenders have the ability to determine intoxication merely by
one’s appearance and behavior. In this case, the citation
involves juveniles in possession or juveniles consuming alcohol,
and the Association has the right to uphold the CC&R’s.
Ms. Hugaert stated that she has extensive bartender experience
and that she has the skills necessary to determine intoxication,
and when asked by Mr. Bahler if she is certified, Ms. Hugaert
stated that she is certified. Mr. Chambers asked Ms. Hugaert if
the fine was upheld because of reckless driving, and Ms. Hugaert
stated it was for that reason.
GENERAL MANAGER’S REPORT
Mr. Sweeney asked Ms. Hugaert about one of the local realtors
possibly not managing Association rentals next summer, and Ms.
Hugaert stated that David Plunkett’s office told her they
would not be handling any Association rentals next summer.
Mr. Baker asked if APS has been called regarding
the five streetlights that are out, and Ms. Hugaert stated that
she has called APS on more than one occasion to fix the lights.
Mr. Svider asked if the gate repairman returned
the gate clicker that he borrowed over the Labor Day holiday.
Ms. Hugaert stated that he claims to have returned it in the drop
box, but that it was missing from the box. Mr. Svider asked about
the two clickers delivered to Gory Realty, and Ms. Hugaert stated
that she has collected for one of the clickers and needs to either
pick up the other one and return it to inventory, or collect payment
for it. Mr. Svider asked Mr. Chambers how many gate clickers are
carried in each fire truck, and Mr. Chambers stated that one clicker
is kept in each truck.
Mr. Chambers discussed the oleanders and how
the gardener is to trim them, stating that Angel will be here
tomorrow. Angel reported to Mr. Chambers that the tree by the
ramp and the tree at the front are not being watered. Mr. Baker
stated that the small oleanders on the street need a minor trim
to a small-hedge form. Mr. Chambers reported that Angel would
install bubblers, including trenching and PVC for the shrubs,
excluding electrical hook up, at a cost of $800. Mr. Sweeney stated
there is a power source at the gate, and the entire row of shrubs
could be put on bubblers, with one controller at each end.
Mr. Baker asked about a watering system for
the palm trees, and Mr. Stroud stated they are on bubblers. Mr.
Chambers added that they should be on a timer. Squeak stated that
a solar-powered battery timer would work well for about one year
on one set of batteries. Mr. Chambers asked about reseeding procedures,
and Mr. Baker said to do whatever is necessary to make the lawn
green. Mr. Chambers stated that water is not getting to the oleanders.
Squeak reported that water is getting to the oleanders, but that
the water is just running around the roots, and that a bubbler
or soaker hose is needed. Ms. Mentch inquired why we even need
grass, and she suggested a desert landscape instead. Mr. Baker
stated that most people like the grass, and that this subject
has come up before. He stated the Association is giving it one
more shot. Mr. Stroud stated that the timers could go directly
to the faucet. He recommended that the oleanders be trimmed lower
at the area starting at the stop sign on Hopi, for visibility
purposes, and that the height taper up from there.
Squeak reported that trash was once again
piled up today behind the oleanders and the trash bins. Mr. Chambers
stated that Angel needs direction on his exact trash pick-up duties.
Mr. Mentch mentioned that this trash was leftover from the overfull
holiday bin, which trash blew in the bushes. Mr. Risen stated
that was incorrect, as he picked up the overfull trash from the
holiday bin. Ms. Thomson stated this problem would not occur again,
as a bigger bin would be ordered for future holidays, and she
would arrange to have the bin dropped immediately before the start
of the holiday and have it picked up immediately after the holiday.
Ms. Hugaert reported that she has attempted to reach Angel by
phone, but that he doesn’t return her calls. Mr. Baker asked
Mr. Chambers to meet with Angel to go over his duties. He also
stated that he wanted Angel’s bid for $800 for the bubbler
system in writing.
Mr. Chambers made a motion to accept Big River
Landscaping’s bid for $800 to install a bubbler system for
the oleanders, excluding electrical. Mr. Baker stated he wants
the bid in writing. The motion was seconded and carried. Mr. Sweeney
said he would hook up the electrical.
The Bookkeeper’s Report was reviewed, and Mr. Svider questioned
a General Manager’s petty cash expenditure of $10 for camera
batteries purchased at Circle K, suggesting that rechargeable
batteries be used instead. Ms. Hugaert responded that she has
rechargeable batteries, but they ran out of juice while on patrol
for seven hours one day over the Labor Day weekend.
Mr. Sweeney made a motion to approve the Bookkeeper’s
Report. The motion was seconded; there was no further discussion,
and the motion carried.
Mr. Baker asked if Mr. Vestermark’s building height complies
with the CC&R’s. Mr. Sweeney stated that it does. Ms.
Hugaert reported that Mr. Vestermark would like his construction
deposit returned. Mr. McPherson and Mr. Stroud both stated that
deposits are not to be returned until building projects pass final
inspection, and it was reported that Mr. Vestermark has not yet
received his final.
Mr. Baker asked if the buoy lights have been
repaired, and Ms. Hugaert stated that the one that was out as
a result of intentional damage has been replaced. The other light
was repaired without having to replace parts. Mr. Baker reported
that the vehicle and trailer identification stickers have been
sent out to homeowners.
Mr. Churchill gave a report on the status
of the quitclaims, stating that we now own the lawn, oleanders
and mailbox areas. He stated there is still a delay on the boat
ramp. He stated there are two parcels involved, one being the
launch ramp itself and the other is the roadway by the ramp. Mr.
Churchill stated he is awaiting one more legal description from
Lemme Engineering before sending the documents to all of the several
owners. He also stated he needs to track down the primary owner.
Mr. Baker discussed the idea of the Association
purchasing a power washer, as suggested by Ms. Hugaert, in an
attempt to power wash some of the slime off the south ramp. He
stated that a gas washer would be needed and is considerably more
expensive than an electric unit. Mr. Baker stated that the Association
has not previously maintained the ramp. He also suggested that
a sign be posted at the ramp that reads, “Use at your own
risk,” as the concrete on the ramp has a smooth finish,
making it risky to launch. He suggested that perhaps the concrete
could be roughed up or scored. Mr. Chambers stated that it would
still slime up. Squeak stated that Badenoch’s had to close
their ramp for this reason. Mr. McPherson felt that a pressure
washer was a good idea, but the slime would still return in a
couple of days, the pressure washer wouldn’t go far enough
under water, and the upkeep would be too much. Mr. Sweeney stated
he has a 2000-psi gas power washer that Ms. Hugaert can try, but
it won’t reach down deep where the moss is. It was reported
that the other ramp does not have this problem. Mr. Churchill
stated that a sign at each ramp should be posted that reads, “Use
launch ramp at own risk.” Mr. Svider inquired of the possibility
of changing the angle of the ramp when the water drops in January.
Mr. Churchill stated that would be a huge undertaking to improve
the angle, as the entire ramp would have to be removed and replaced.
Mr. Baker discussed the reserve account. He
asked Ms. Thomson to open a separate reserve account for the Kenko-related
repairs that need to be done. He also asked that a new reserve
account be set up for long-term capital improvements for streets,
bridges, guardhouse and gate, amortized and based on the 10-year
plan that was discussed at the 2003 annual meeting. He also requested
that a new bank account be opened to retain the security deposits
on rental properties. Ms. McPherson asked if the motel is required
to post a $1,000 security deposit for each unit as was suggested
at last month’s meeting. Mr. Baker stated there was no action
taken on that discussion.
There was discussion about Parker Tree Service’s
bid to trim the large oleanders by the road and a question as
to how high the trees should be left. Mr. Stroud stated the palms
should be trimmed, as they are ready to drop dates. He reported
that Parker Tree Service would trim the palms and the ironwood
by the mailboxes, and the palms by the bridges, for $545. Mr.
Stroud stated that he walked the area with Bob Kerbs. Mr. Baker
presented a bid from Jeff Barber for trimming the oleanders.
Mr. Churchill stated the Association now owns
the land where the mailboxes and the large oleanders are located.
He stated he doesn’t have the survey with him, but the Association
could claim that it owns them, even if they encroach onto the
state road easement. He further reported that the Association
now has the capability of putting up a wall on Association property,
which could extend to the mailboxes. Mr. Sweeney suggested that
the Association put up a block wall and replace the oleanders
entirely. A show of hands was taken, and the majority indicated
their desire to investigate the cost of installing a block wall.
Mr. Churchill stated he would get a copy of the survey to Ms.
Hugaert. Mr. Chambers stated he knew a block layer in Havasu who
would work for cash on weekends. Mr. Stroud stated that cinder
block would need to be used, and the block stuccoed, as well as
taking out the oleanders. Mr. Risen suggested that the County
might be willing to run a blade through the oleanders to get them
out. Squeak suggested that if we do this project, we widen the
angle of the southbound right turn at the entrance so it is not
so sharp. Mr. Baker asked Squeak to provide information on these
ideas at the next meeting.
Mr. Risen made a motion to accept Parker Tree
Service’s bid to trim the palms and the ironwood for $545.
The motion was seconded, and the motion carried.
Mr. Baker reported that he spoke with Sheriff
Hal Collett regarding towing issues. He reported that Mr. Collett
states Parker Towing can tow away vehicles that are blocking access
to other owners’ private property. Mr. Baker asked Mr. Churchill
if he called Mark at Parker Towing, and Mr. Churchill stated that
he has not. Mr. Svider stated he knows of a new resident in Keys
II who said he is willing to perform tow services, as long as
the Association’s attorney says it is permissible to do
so. Mr. Churchill replied that the tow truck company just wants
to be paid.
Ms. Hugaert reported that Steve Green (lot
112) submitted photos of rainwater ponding in the street by his
property, and that Mr. Green is still waiting on word about whether
or not the street will be repaired by the Association. Mr. Baker
stated that this is one of half a dozen problems relating to the
Kenko situation that will be investigated. Mr. Baker asked Ms.
Thomson to locate the file on the Kenko problems. He stated he
wants to look at all the problems at one time. Mr. Baker stated
that the fire department could flood the streets to determine
where the problems are, which is what Kenko was going to do. It
was suggested that we wait until a good rain occurs, at which
time the various problems can be seen. Ms. Hugaert was instructed
to inform Mr. Green that the Association will wait to assess all
the problems at one time as soon as it rains. Mr. Baker stated
that Papago is inverted, where the center of the street is the
low spot, and he acknowledged that the middle of the street needs
Mr. Sweeney reported that a new card reader
for the gate, including a programmer, would cost about $750. The
card cost is $4.75 each, plus tax. Mr. Chambers suggested that
those who have existing gate cards be allowed to exchange them
with new programmed cards.
Mr. Risen made a motion to allocate $2,000
towards the purchase of a new gate card reader and programmable
cards. The motion was seconded, and the motion carried.
It was decided that there will be a $5 charge
to replace broken cards, no charge for the exchange of an old
card with a new card, and a $30 charge for each card issued to
new card users.
There was a question to Mr. Churchill regarding
the legality of no trespassing signs. Mr. Churchill stated they
Mr. Svider inquired about whether there will
be a potential citation problem if poles and chains are moved
up on those lots where the poles and chains are located too far
back. Squeak stated that some of the poles and chains are 2’
past the lot boundary. Mr. Sweeney stated that homeowners don’t
want people to park in their yards. Mr. Churchill stated that
homeowners can cable off their lots anywhere they want to, as
long as it’s on their property.
The meeting recessed to Executive Session
to discuss protested citations.
The regular meeting resumed with Mr. Svider
reporting that the new buoy lights cost $165 each plus tax and
shipping. Mr. Sweeney stated that the center channel light was
the only one that was broken. Mr. Svider stated that Kathy Leek’s
kids broke the light, and Mr. Baker asked Ms. Thomson to send
Ms. Leek a bill for the for the replacement cost.
Mr. Stroud presented plans, which he just received prior to the
meeting, from Jeff Sapp for a remodel project on lot 75. He stated
the security deposit should be here tomorrow. The plans show the
5’ setbacks, but the photos are confusing. The exterior
wall is shown as 20’ from the center of the canal. The plan
proposes leaving only the existing garage walls. Since Mr. Stroud
will be out of town for two weeks, Mr. Chambers was asked to meet
with Mr. Sapp to go over the plans. Mr. Baker stated that this
could be done telephonically if there are no visible problems
and on further condition that Mr. Churchill review the plans.
Mr. Sweeney made a motion to approve the remodel
plans of Mr. Sapp for lot 75 at the next board meeting, if at
all. Mr. Risen seconded the motion. There was discussion from
Mr. Stroud reminding the Board to stay on track with its plan
reviews; that it has 35 days from plan submission within which
to review them. It was also mentioned that plans should be submitted
to the Board just a few more days prior to meetings. The motion
carried with a yes vote from all except Mr. Svider who voted against
Mr. Risen stated that the Board would back Ms. Hugaert if she
continues to have problems at the Bahler property that require
her to contact the police. Mr. Churchill stated that we can apprise
authorities of incidents of minors in possession of alcohol.
Mr. McPherson discussed a missing cap in the
blacktop near the guardhouse that needs to be replaced. There
is also a second cap missing by the sewer lift station. Ms. Hugaert
was asked to replace the caps. Mr. McPherson inquired about the
Association procuring a digital camera with date stamp capability,
or that the camera we currently own be checked to determine if
it can produce a date stamp on photos. Ms. Hugaert stated she
would look into the camera’s programming functions. Mr.
McPherson also reported wireless, solar-powered cameras are available
for pole mounting that can record onto our current system, which
cameras could be utilized at the dumpster area. Mr. Risen stated
that we would have to upgrade to 3-4 GHz, as 2-4 interferes with
Ms. Hugaert inquired about the telephone jack
in the guardhouse. She stated that over the recent holiday, some
homeowners complained because they couldn’t reach the security
guards by phone at the gate, nor could they reach her on the business
line, because she was patrolling on site. Mr. Sweeney reported
that this phone jack is inactive. Ms. Thomson reported that the
Association has only two lines, one for the General Manager, and
one dedicated to the gate system.
The meeting adjourned at 7:45 p.m.
Submitted by Recording Secretary, Sue Thomson
APPROVED AS CORRECTED BY BOARD OF DIRECTORS NOVEMBER 1, 2004