Board of Directors
Regular Meeting
APRIL 4, 2005

President Chuck Baker called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:10 p.m.

President: Chuck Baker
Vice President: Chris Chambers
Board Members: Bill Risen, Jack Sweeney, Joe Maxwell, Squeak, Gary Svider, Joe Price

Board Members: Trish Wikoff, Bob Stroud, Dave Johnson

Guests: Larry St. George (lot 26)
Legal Counsel: John C. Churchill
Bookkeeper/Recording Secretary: Sue Thomson
General Manager: John Currie

The Minutes from the March meeting having been previously reviewed, Mr. Risen made a motion to approve the March Minutes as presented. The motion was seconded, and the motion carried.

The March financials were reviewed. Mr. Risen made a motion to approve the March financial reports. The motion was seconded, and the motion carried.

Mr. St. George inquired whether one must be a homeowner to be on the Board of Directors. He reported that new Board member Dave Johnson’s father is the property owner of lot 74. Mr. Churchill stated that Directors must be a “member”, or the spouse of a “member”. A “member” is an individual, a partner in a partnership, an officer of a corporation or trustee of a trust that holds legal interest in the property. There can be only one member per lot, so if there are multiple owners, the “member” can designate a voting “member”. Mr. St. George asked Mr. Churchill to clarify whether or not the Board member must be a legal owner on the deed. Mr. Churchill said, no, but one could be designated as a member by agreement with the owner, and that owner would have to elect him as a voting member. Mr. Chambers suggested that we attempt to find out Dave Johnson’s status and legal involvement with lot 74.

Squeak stated his concern over Mr. Johnson’s party-friendly website which advertises rooms for rent on the weekends at lot 74.

Mr. Baker requested Ms. Thomson to send a letter to Mr. Johnson inquiring of his lot ownership status which will be needed to enable him to remain on the Board, and the noise problems on his street (Apache Loop). Mr. St. George reported a little war or coalition brewing on the south end of Apache and including lot 74. Mr. St. George recently told Mr. Johnson that he was going to take back the street and waterway, and it has been quiet for the last two weeks. Mr. St. George stated that his neighbors are happy that he is taking back the street. Mr. St. George reported excessive noise going on all night, the night prior to the annual meeting.

There was also noise all night on Tuesday and Wednesday (3/29 and 3/30) at the Ruhman/Standrod house (lot 64). Mr. St. George attempted to confront them by calling across the canal, then knocking on their door, both attempts failing because they couldn’t hear him calling and knocking. The Sheriff’s came, and they couldn’t get anyone to answer the door either, so they entered the premises to quiet the party and found underage drinkers on the premises. The Deputy told Mr. St. George that they come out to arrest, not to warn, but Mr. St. George did not want anyone arrested, he just wanted the noise to stop, so he did not sign a complaint. Mr. St. George stated this was contrary to prior information where he understood arrests could be made without another person having to file a complaint. Mr. Baker explained that a visit from the General Manager could serve as a warning, but that the General Manager shouldn’t be required to risk his safety for warning purposes if he deems the party out of control. Mr. Price stated that Hal Collett, La Paz County Sheriff, said that Sheriff’s personnel would come out one time to issue a warning, so that’s where we got that assumption.

Mr. St. George stated that he also spoke with one of the owners of lot 64 regarding his commitment to take back the street. Mr. St. George reported that the Lyons/Masek group (lot 67) is also contributing to the noise problem. The Pilato house (lot 63) was identified as another contributing factor to excessive noise, but not recently, as Jerry Pilato has been absent for a while and just recently returned. Mr. Baker reported that Hal Collett is aware of the situation at this end of Apache. Mr. Baker stated that he would speak to Mr. Collett about the ongoing problem. Mr. Chambers stated that the Sheriff Boat Patrol would monitor activity from the canals.

Mr. St. George also reported a serious mosquito problem on the vacant lot adjacent to him (lot 25). Mr. Baker replied that we are working on getting that lot cleaned up; we’ve had problems finding people who are interested in or have the time to do lot clean up.

The Bookkeeper’s Report was reviewed, and Mr. Price reported that he checked the poles and chains on lot 143, and they are 2’ off of the property line. The poles and chains on lot 189 are within inches of the property line, and they were deemed acceptable.

Mr. Risen made a motion that although the Board has considered the contents of the letter submitted by the owners of lot 143, the poles and chains nevertheless need to be moved back to the property line; they shall be moved within thirty days or the Association will move them. The motion was seconded, and the motion carried.

The other lots that have yet to move their poles and chains must also do so.

Mr. Tonkovich’s letter regarding a newly discovered drain line at his property (lot 88), running from the street to his dock was discussed. Mr. Baker stated that he inspected the area, and because Mr. Tonkovich’s proposed solution to the pooling on Apache would not be remedied by tying into this drain line, no action was taken.

Mr. Baker reported that the Toscana builders have submitted a zone change request to C-2 for the construction of an office building at 8811 Riverside Drive. Mr. Risen asked if the roll-up doors on lot 226 have been moved, and Squeak reported they are still there, although he offered to help get them moved. Ms. Thomson was requested to send a letter to the owner of lot 226 requesting him to move the doors within 15 days. That owner is also to be sent a lot clean-up letter for weed removal.

Mr. Price made a motion to approve the Bookkeeper’s Report, prepaid bills and bills for approval. The motion was seconded, and the motion carried.

Mr. Risen asked Mr. Currie about his comment on the General Manager’s Report concerning his reluctance to file complaints against his neighbors. Mr. Currie explained that he called the Sheriff about 9 p.m. on 3/26 to report an unknown vehicle making burnouts from the south end of Hopi. He was not picking on any particular person, as the perpetrator was unknown to him. Mr. Baker responded by stating that everyone needs to understand that sometimes complaints need to be filed; that there has to be a victim, and someone has to file a complaint or the Sheriff can’t make an arrest. If Mr. Currie is a victim on his street, then he must be willing to sign a complaint. Mr. Sweeney stated that if a loud party is out of control, the Sheriff should be called right away.

Mr. Churchill stated that the victim is the Homeowners’ Association, and Mr. Currie can sign a complaint on behalf of the Association.

Mr. Price stated that Hal Collett told him that the actual neighbor who is being disturbed is the victim, and the actual victim is the one who needs to sign a complaint, not the General Manager who lives three streets over. The Sheriff cannot be the victim. Squeak suggested a notice be sent to homeowners regarding the Association’s policy on the General Manager’s responsibility in response to noise complaints. Mr. Baker stated that the Association has done that in the past. Squeak suggested that the noise issue be addressed with the homeowners again; perhaps at the same time as the visitor passes are mailed out.

Mr. Chambers asked Mr. Currie about the lot clean up status on lot 198. Mr. Currie reported that he spent 12 hours on the project, but that he can’t finish it, nor can he access the bank to clean it up. He stated that Angel is too busy and can’t do it, and Mr. Currie is looking into other service providers.

Mr. Baker reported that the annual meeting went smoothly and was represented by 61 lots, about the same as last year’s 63 lots. Mr. Baker stated that he received compliments on the meeting.

Mr. Baker reported that Mr. Fevurly (lot 79) is not complying with his construction plans. Mr. Sweeney stated that he went to the site today, and the owner was not there. He reported that water erosion on the block structure is being remedied by pouring concrete on the messed up stem wall. He’s pouring concrete 6” high on it to cover up the erosion. There is no footing, and the concrete extends to about 2’ from the walkway. Mr. Sweeney stated he would continue to monitor construction progress.

Mr. Sweeney reported that Mr. Richards (lot 208) revised his plans to comply with the CC&R’s by shortening the structure. A security deposit was submitted.

Mr. Currie reported that he called four companies, two times, and no one has gotten back to him regarding lot clean up work. Mr. Baker suggested contacting Willie Tahbo, and Mr. Chambers stated he would take care of it. Lot 10 is still a wreck, and an application for a permit is all that’s in the window. Concern was expressed over liability issues, fire hazard and black mold. Mr. Baker asked Mr. Churchill to send the owner of lot 10 a letter notifying him that he must start and finish the remodeling project within a specified, reasonable time.

Mr. Sweeney made a motion to approve the revised construction plans for lot 208 as presented. The motion was seconded, and the motion carried. Ms. Thomson was asked to inform Mr. Richards of the Board’s approval.

Mr. Baker reported that since Ms. Wikoff is absent again, bringing her attendance record below 50%, she should not be allowed to remain on the Board of Directors.

Mr. Risen made a motion to vacate Trish Wikoff’s position on the Board of Directors due to absenteeism. The motion was seconded, and the motion carried, and the position was deemed to be vacant.

Mr. Churchill reported on the status of Mr. Berge’s requested quitclaim for an access easement to his property via our gate. Mr. Churchill reported that he suggested Mr. Berge obtain an easement from the road, and he also stated that Robert Gory didn’t like that idea. Mr. Churchill stated that he is waiting on a proposal from the owner that is supposedly on its way. Mr. Chambers asked what the County’s opinion on a road easement might be, and Mr. Churchill stated that the subject strip of land is unbuildable and is at the bottom of a wash, and if it has proper visibility, which he thinks it has, then there’s a chance the County might approve it.

Mr. Baker reported that he received a letter from Mr. Cortez (lot 58/59) regarding others blocking access to, and dripping oil on, his driveway. The vehicle in question, a cement truck belonging to Stan Vescio, was, according to Mr. Sweeney, parked in Mr. Cortez’s driveway at 2:00 or 3:00 a.m. when Mr. Cortez arrived, and it was reported that the truck parks there quite frequently. Mr. Svider reported that he believed Mr. Vescio and Mr. Cortez had an agreement that he could park there, but Mr. Baker stated that Mr. Cortez says he doesn’t want anybody parking in his driveway at all. Mr. Svider stated that he would advise Mr. Vescio of this.

Mr. Currie asked about the Association’s policy on construction trucks parking over the white line where the white line is too shallow to accommodate legal parking. It was explained that construction trucks are not offered any special privileges.

Squeak reported that someone has been living in an RV on lot 32 (8809 Moovalya Drive, he believes), and Mr. Currie was asked to issue the owner a citation.

Ms. Thomson was asked to have Kim Gory Harsch contact the roofer on the Cann job (lot 252) to have them remove the rest of the tile pallets from the area by the dumpsters.

Security guard service was discussed, with the Memorial Day holiday approaching next month. It was noted that we might be better served if the guards were provided with an instruction sheet prior to the holiday so that both guards can be prepared in advance. It was also suggested that Darrell, one of the guards, be invited to the next Board meeting to review security issues. Ms. Thomson was asked to call R&B Security to secure holiday service and invite Darrell to the May meeting.

Mr. Baker stated that he is burnt out serving as President all these years and wants someone else to be President. After a short discussion, the following persons were nominated and elected as the Association’s new officers:

Bill Risen – President
Chuck Baker – Vice President
Chris Chambers – Secretary/Treasurer

Mr. Churchill advised that the Association is due for its CPA-certified, bi-annual audit pursuant to the CC&R’s. Ms. Thomson was instructed to get the job bid by next month’s meeting.

Jack Dougherty of Diamond Back Paving reduced his bid on the seal coat job to $20,000. It was noted that a seal coat was done just one year ago. Mr. Baker asked Ms. Thomson to research her records and present at the May meeting a four-year chronology of what was done on the streets, when it was done and the costs.

Squeak stated that he has received a preliminary construction plan for a garage on lot 27. No action is to be taken until the receipt of three sets of plans and a $750 construction deposit

The meeting adjourned at 7:40 p.m.

Submitted by Recording Secretary, Sue Thomson