Board of Directors
Regular Meeting
JUNE 5, 2005

President Bill Risen called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:05 p.m.

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

Chris Chambers, Dave Johnson

Guests: Al McPherson and Matt McPherson (lot 70); Howard & Trish Wikoff (lot 95); Blane Coon (lot 54); Rob Troxler (lot 160); Larry St. George (lot 26); Jodi Vescio, (lot 82 resident), Barbara Risen (lot 184)
Legal Counsel: John C. Churchill
Bookkeeper/Recording Secretary: Sue Thomson
General Manager: John Currie

Mr. Troxler presented a plan to enclose his dockside porch, stating that the posts are there. He wants to install windows and doors and make it an Arizona Room. Mr. Sweeney will review the plans and discuss them later in the meeting.

Al McPherson expressed his interest in running for the vacant position on the Board of Directors, and he inquired as to how many vacancies there currently are. Mr. Risen stated that he did not know, and Ms. Wikoff was invited to speak with the Board tonight regarding her desire to be reinstated on the Board.

Al McPherson asked if a parking citation was issued to lot 72 over the holiday. Mr. Currie replied no, and Al McPherson presented photos of a white line violation. A citation will be issued.

Mr. St. George stated that there’s a 4’ x 12’ pile of weeds still on lot 25. Ms. Thomson will contact the owners to let them know that we will have the debris removed, and they will be billed, since their service contractor did not finish the job.

Mr. Stroud made a motion to approve the May Balance Sheet. The motion was seconded, and the motion carried.

Squeak reported that the irrigation system recently installed by Big River Landscaping at the oleanders is flooding the end of the street. He stated this was to be a bubbler system, but the system installed consists only of a timer, a hose, and a 2’ pipe.

A motion was made to approve the May Profit & Loss Statement. The motion was seconded, and the motion carried.

Squeak stated that he is not happy with the gardening service, not only the irrigation system, but also the recent large debris removal job for which we paid $600. Squeak stated that not all the debris was removed from the bushes. Mr. Svider stated that he believes our contract with Big River Landscaping for $100 per week covers minor trimming of oleanders and that he would discuss this (the extra $20 charge) with Mr. Currie later.

Because the first Monday of July falls on July 4, the Board approved moving the meeting back a week to July 11.

Mr. Svider disputed the sewer assessments on the common lots. Mr. Price replied that these are the annual assessments for Phases I and II.

Mr. Sweeney reported that although security did not close the gate when they went on patrol over the Memorial Day holiday, they did an excellent job; very professional.

There is still a serious trash abuse problem on holidays, with River Cities Waste calling to lodge a serious complaint about their men having to pick up an excessive amount of trash from the ground on Memorial Day, and that one of his men sliced his hand, which resulted in a worker’s compensation claim. In addition to people just chucking their trash over the gate without looking, outside construction people are using Association dumpsters. Al McPherson suggested having an Association representative at the dumpsters when the trash truck comes. It was suggested the gardener be the representative, since he is responsible for picking up trash twice a week. Mr. Churchill stated that the only way to resolve these classless acts is to install a camera so that they can be caught and fined.

Ms. Thomson reported that Mr. Johnson has not provided any documents qualifying his status as a Board member, as he stated he would do prior to tonight’s meeting.

The new exit gate and controller will be installed on Friday, and the problems at the entrance gate will be remedied as well. Mr. Coon suggested a stop sign so that people will notice the gate is back in working order (in closed position).

Mr. Green, lot 112, presented a written request for reimbursement of materials, as was previously agreed upon by the Board, for $2,450 for drainage materials he installed on his lot. He also requested that the Association finish off the work needed in the street to drain runoff into the newly installed drain on his lot. There was no itemization of the materials, and Ms. Thomson was instructed to obtain an itemized bill from Mr. Green.

A motion was made to write off the weed removal expense of $125 that the Association incurred to remove a regrowth of weeks on lot 69, as the homeowner had just paid $100 three weeks prior to remove weeds. The motion was seconded, and the motion carried.

Mr. Churchill reported that the owner of lot 10 has not responded to his letter regarding needed repairs to his structure, and he is not certain what our remedies are. Mr. Sweeney reported that the sheeting is destroyed, and you can’t put a new roof on bad sheeting. Mr. St. George reported that he was in the building four weeks ago, and there is black mold throughout the house, the drywall is falling off, and the plastic over the TV is rotten. The Health Department should condemn the structure. The only thing that appears salvageable is the block wall framing. Mr. Churchill stated that we should be able to enter the property if it involves a health issue. We need an estimate on the roof repair. Ms. Wikoff suggested someone contact the Health Department.

Mr. Baker made a motion that the La Paz County Health Department be contacted to condemn the structure due to black mold. The motion was seconded, and the motion carried.

Mr. St. George stated that he picks up roof pieces weekly from lot 10. It was also suggested that the Fire Department be contacted to take a look at the situation.

Mr. Risen reported that on May 31, he confronted intoxicated minors at lot 19, who don’t live there. There were approximately ten kids, and their parents had to come pick them up. Mr. Risen suggested that people contact the Sheriff’s Office when they see others whom they know don’t belong on a property. Ms. Vescio asked if one should confront strangers about things like this, and Mr. Risen replied that they should instead call the Sheriff.

Mr. Risen reported a water leak at lot 88 in the owner’s absence. Efforts to locate the owner’s phone number in California were unsuccessful.

A motion was made to approve for payment the annual insurance premiums and to disapprove Big River Landscaping’s invoice for $800 for the irrigation system to the oleanders. The motion was seconded, and the motion carried.

Mr. Baker made a motion to approve the Annual Meeting Minutes of March 26, 2005. The motion was seconded, and the motion carried.

The Minutes from the May meeting having been previously reviewed, Mr. Baker made a motion to approve the May Minutes as presented. The motion was seconded, and the motion carried. A motion was made to approve the May Executive Session Minutes as presented. The motion was seconded, and the motion carried.

Mr. Currie reported there are still weeds on lot 30 and at the planter box on lot 225. He reported weed regrowth on lot 10 and the lot 25 debris pile. He will get a bid on the lot 25 clean up. Mr. Currie reported that the gate repairman will work on the antenna problem at the entrance gate on Friday when he comes to install the new exit gate. Mr. Sweeney stated that the sprinklers, the access panel and card controller are all on the same electrical circuit and must remain on at all times. Mr. Sweeney stated that we should look into upgrading the present Stanley residential garage door opener to a commercial-grade opener at the gate, something that runs on the same frequency as the existing opener.

Mr. Currie requested that Mr. Sweeney meet with persons interested in bidding on the trench job for the electrical project to the dumpsters, that being Stan Vescio and possibly Mike Dyer. Mr. Sweeney didn’t feel that Mike Dyer would be interested in the job. Mr. Sweeney stated that he will be out of town, but that he would get together with Mr. Currie after the meeting tonight to go over the matter. There is room for one camera with the current system, and a trench. He also stated that one of the license plate cameras at the entrance/exit gates could be moved to the dumpster area for a second camera. There was a technical discussion about wireless, solar and analog signals to replace electrical current. Mr. Sweeney stated he didn’t think those alternatives would be as effective, or travel far enough, but he would check them out.

Mr. Currie reported that six or seven trailers were towed over the Memorial Day holiday. He stated it was a lot of work on his part to go through this procedure. One of the owners of a towed trailer reported that it was stolen, but because Mr. Currie advises the Sheriff of all towed vehicles, the Sheriff’s Office knows it was towed, not stolen.

Mr. Risen asked Mr. Churchill to explain the duties of the Board regarding CC&R variances and waivers. Mr. Churchill stated that the Board is not authorized to issue variances or waivers to the CC&R’s. A 75% vote of all owners is required to change the CC&R’s. Board members are covered only for acts within the scope of their powers, and the Board’s duty is to uphold the CC&R’s. The Board cannot alter building requirements as specified by the CC&R’s.

Mr. Sweeney reported that he did not yet have an answer to Mr. Risen’s inquiry about weight limits on Association streets.

Mr. Currie stated that two of the oleanders at the corner of Hopi and Navajo were trimmed for better visibility. He reported someone at lot 18 being disrespectful to him when he inquired about a trailer being stored on the vacant lot, which violates the CC&R’s, and was plugged in to electricity on lot 19. The man stated, “I’ve been coming here for 30 years doing this, and it’s my property.” Mr. Churchill stated that this response is irrelevant to the issue, and that a trailer cannot be stored on a vacant lot. Ms. Thomson was asked to send a letter to the owner of Lot 18 regarding the violation.

Squeak reported that the owners of lot 173, whose house is in the process of being remodeled, are currently storing a Bronco, an RV and a boat trailer on the vacant lot two doors up. Ms. Thomson was asked to send them a letter requesting that they move those vehicles off the vacant lot, pursuant to section 12.7 of the CC&R’s.

Mr. Sweeney reported that Mr. Fevurly, lot 79, had cut back his building to comply with the 10’ setback and that he and Mr. Fevurly know where the 18’ height limit should be, and that they agreed to where the center of the street is to shoot the final height. Mr. Sweeney stated that the building may go over 18’, but he is monitoring the situation as the building progresses. The zero mark is 1½” above the slab.

Mr. Risen asked Squeak if he has identified the new members of the Traffic Committee. Squeak stated that he has not, but that he would do so by next month’s meeting.

Ms. Wikoff took the floor concerning her requested reinstatement to the Board, and she asked that it be discussed in executive session. Al McPherson disputed having the matter discussed in executive session. Mr. Sweeney stated that there are others present in the room, Larry St. George and Jodi Vescio, as well as Al McPherson, who are also interested in the position. Mr. Churchill was asked if this should be discussed in executive session, and he replied that executive sessions are held primarily for rendering legal advice, and that the Board cannot vote on anything in executive session. The matter was then open for discussion in regular session, and Ms. Wikoff stated that she felt her position should not have been vacated due to absence, because she did not miss three consecutive meetings. Ms. Thomson read Ms. Wikoff’s attendance record over the last year, where Ms. Wikoff missed 8 of 14 meetings (April 2004 through April 2005). Ms. Thomson acknowledged the Board’s accidental failure to notify Ms. Wikoff of her removal from the Board in April. Mr. Baker stated that the Board has quorum problems when there are excessive absences. Al McPherson stated that his wife, Tonya, voluntarily resigned from the Board due to her son’s illness; she felt it wasn’t fair to remain on the Board under the circumstances. Ms. Wikoff stated that the Board should give her another chance now that she is back in Parker full time.

Mr. Baker stated that the Board needs to discuss Mr. Johnson’s status. Matt McPherson stated that Mr. Johnson told him last Friday that he (Mr. Johnson) wasn’t interested in being on the Board.

Mr. Churchill stated there is nothing preventing the Association from appointing Ms. Wikoff to the Board again, but the matter has to be put on an agenda before voting can take place.

The candidates each spoke of their qualifications and motivations to serve on the Board.

Al McPherson – purchased their house in 2000; his wife Tonya served on the Board; he wants to contribute to the upkeep of the premises; he is here one to two weeks per month; he cares about the Keys; he will take a stand and be proactive against partying; he doesn’t want it to be a Sun City, nor does he want it to be an East LA; his skills are unique; he’s retired and can attend all meetings.

Trish Wikoff – purchased their house in 2000; she is retired; proactive on the Board; she was instrumental in getting the camera system up at the gate; she has provided a good amount of owner feedback to the Board, and she has watched for things that need attention; there is nothing now that can prevent her from attending Board meetings.

Jodi Vescio – manager of JT’s Motel; she has lived in the Keys for 6½ years; she has three children who are on the streets daily, so she is interested in enforcement of rules; she is either at home or at JT’s 24/7; she is willing to contribute via participation on committees.

Mr. Sweeney questioned Ms. Vescio’s qualification to serve on the Board, as she is not a property owner, but the daughter of the property owners. Ms. Vescio replied that she is a trustee of the trust, which is the legal owner of the property. Mr. Churchill stated that there can be only one Board member per lot. (Ms. Vescio is Board member Gary Svider’s daughter.)

Larry St. George – full-time resident since 1994; he and his wife feel strongly about the well being of the Association for their daughter and other children; believes the Board should get stiffer with rules and enforcement of rules; he’s not afraid of anything or anybody; “I’m ready.”

Mr. Risen reported there is one more interested party, but he is presently out of town due to medical reasons. Mr. Risen reserved the right to bring up this candidate at a later time.

Mr. Price reported that the drainpipe installed on lot 146 by Mel Duncan was covered up. Mr. Price stated that easements need to be maintained across vacant lots for drainage purposes before lot owners build.

Lot 160 plans - Mr. Sweeney stated that, upon his review of the lot 160 plans, they should be approved.

Lot 65 plans - Mr. Sweeney reported that plans for a seawall and matching dock on lot 65, a straight lot, having been reviewed by him and Russ Derby, should be approved.

Lot 198 plans – Mr. Coykendall says that Mr. DiNolfi gave him an elevation landmark in the street. Mr. Sweeney reported that the plans submitted are for elevations only, and he reported that the Navajo Lane side of the building exceeds the 18’ height limit by 3”. Because this is a unique rounded corner lot, the biggest issue is where the 10’ setback should be. The owner says it’s on Moovalya, but Mr. Sweeney stated that he still doesn’t meet the setback there. Mr. Price stated that the front setback should be on the street where the front door is going to be. There should also be a visibility triangle.

A motion was made to approve the submitted plans for lot 160 to enclose the rear porch. The motion was seconded, and the motion carried.

A motion was made to approve the submitted seawall and dock plans for lot 65. The motion was seconded, and the motion carried.

Mr. Churchill stated there are visibility issues with the plans for lot 198. He recommends the Board deny the plans as submitted, and because of the unique location of the lot, the Board state its special requirements for plan approval. He stated that the 5’ setback on Yaqui is allowable; that visibility turning right off of Yaqui is needed; that a low wall all around the curve be allowed, but that a 6’ wall should not be approved, as this would create a blind spot.

Mr. Baker made a motion to deny the plans for lot 198 as submitted, but that the Board provide Mr. Coykendall with the setbacks it would allow. The motion was seconded, and the motion was carried. The special requirements will be discussed in executive session.

Mr. Risen stated that he is ready for Ms. Thomson to place an order for the manufacture of the permanent metal signs at the two entrances of the common parking lot, which will announce the requirement for lot identification on all vehicles and trailers parked in the lot and the 7-day parking rule. The signs state that violators will be towed, and the name and phone number of the tow company will be on the signs. The language will be similar to that of the temporary signs now in place at both entrances to the parking lot.

Mr. Risen presented to the Board a sample reflective street sign that he would like to see installed on all Association streets sometime in the near future. These signs would identify street names in the dark. Mr. Risen stated that he would address the matter again at the July meeting, possibly seeking replacement of the existing street signs.

The meeting adjourned to Executive Session at 7.45 p.m. and reconvened to regular session at 8:27 p.m.

Mr. Price made a motion to take the Berge access easement matter to two title companies for pricing in an effort to resolve title to Navajo Lane and Moovalya Drive. The motion was seconded, and the motion carried.

Regarding the submitted plans for lot 198, Mr. Baker made a motion to:

Apply the 10’ and related restrictions to the front of the house on both Navajo Lane and Moovalya Drive; that the Yaqui Loop setback shall be 5’;

Apply the 2½’ height restriction on all walls that may extend the entire length of Navajo Lane and Moovalya Drive;

Apply a 20’ visual triangle for visibility purposes, the first point being the existing stop sign located on the rounded corner of the lot and extending 20’ feet in both directions, with a line connecting those two extended points, and the entire triangle be open for visibility;

Measure the 18’ maximum building height from the centerline of the street at Mr. Coykendall’s requested point of reference;

Require construction of the house and seawall not to go below the high water level;

Require dock and seawall plans to be incorporated into the house plans and that house plans not be approved without dock and seawall plans;

Require owner to write all setback dimensions on his plans. The motion was seconded, and the motion carried.

The meeting adjourned at 8:35 p.m.

Submitted by Recording Secretary, Sue Thomson