Board of Directors
JULY 11, 2005
CALL TO ORDER
President Bill Risen called the regular meeting of the Lake Moovalya
Keys Board of Directors to order at 6:03 p.m.
President: Bill Risen
Board Members: Chris Chambers, Jack Sweeney, Joe Maxwell, Gary
Svider, Joe Price, Bob Stroud
Vice President: Chuck Baker
Board Member: Squeak
General Manager: John Currie
Guests: Al McPherson (lot 70); Jodi Vescio, (lot 82 resident);
Richard & Sheryle Jaschke (lot 171); Barbara Risen (lot 184);
Blane Coon (lot 54)
Legal Counsel: John C. Churchill
Bookkeeper/Recording Secretary: Sue Thomson
Mr. Risen introduced Richard Jaschke, lot 171, who is interested
in a position on the Board of Directors.
Mr. Price made a motion to approve the Minutes of the regular
meeting held on June 6, 2005. The motion was seconded, and the
motion carried. Mr. Price made a motion to approve the Minutes
of the executive session held on June 6, 2005. The motion was
seconded, and the motion carried.
Mr. Price made a motion to approve the June Profit & Loss
Statement. The motion was seconded, and the motion carried.
Mr. Price made a motion to approve the June
Balance Sheet. The motion was seconded, and there was discussion
about how to collect unpaid security deposits on rental properties.
Mr. Churchill stated that a lien could be filed, and Mr. Risen
asked if attorney’s fees and interest could be included.
Mr. Churchill replied yes to attorney’s fees, and he believed
the statutory interest rate of 10% could also be included on a
judgment. Mr. Svider inquired about the status of Kathy Leek’s
partial security deposit payment on her two rental properties,
and Ms. Thomson reported that she has been billed again for the
balance. Ms. Thomson was instructed to supply Mr. Churchill with
a list of the names and addresses of those who have yet to remit
their security deposits. Mr. McPherson suggested that language
be checked when there is one owner who has remitted only one security
deposit for two rental properties. Mr. Price had a question about
fines for citations being deducted from security deposits. Ms.
Thomson reported that the need for that has not happened yet.
Mr. Svider quoted section 4.8 of the CC&R’s relating
to rules, and Mr. Churchill confirmed that rules and fines are
considered a special assessment, thus they are lienable. There
being no further discussion, the motion carried.
The Bookkeeper’s Report and accounts
payable having been previously reviewed by the Board were approved.
CALL TO PUBLIC
No comments from public.
Mr. Risen called for an election to fill the two vacancies on
the board (one vacancy due to Ms. Wikoff’s absence, and
the other vacancy created by Mr. Johnson’s decision to bow
out due to qualification issues). The five interested parties
to fill the vacancies were named: Trish Wikoff, Al McPherson,
Jodi Vescio, Larry St. George and Richard Jaschke.
Mr. Jaschke, who was unable to attend last
month’s meeting to announce his candidacy, gave a brief
statement about himself by saying that he has owned his property
for three years, and he has been a permanent resident for the
last two years; he likes it here, and he can be of some help as
a volunteer to the Association. He concluded by saying that he
is a fair person.
Mr. Risen called for a secret ballot in which
board members present voted for two persons to fill the two vacant
positions. Results were presented by Mr. Chambers, and verified
by Ms. Thomson: Richard Jaschke obtained the most votes to fill
one vacant position, and Mr. St. George prevailed in a runoff
with Mr. McPherson to secure the second vacant position.
Mr. Risen asked Mr. Chambers (since Mr. Chambers
missed last month’s meeting) of his recollection of his
original discussion with Angel of Big River Landscaping regarding
the irrigation system that was approved to be installed for the
oleanders by the gate. Mr. Chambers stated his recollection was
that it was to consist of bubblers at the plants, with no timer.
Mr. Sweeney reported that what we got was no pipe work, only a
valve connected to a hose bib, on a battery operated timer, resulting
in water running down the street. Mr. Chambers stated that he
would talk to Angel about the situation. Mr. Risen requested that
payment not be made to Big River Landscaping for the irrigation
system, because we want bubblers, not flooding streets.
Mr. Risen reported that the lower profile
dumpster, with its doors tied open, and courtesy signs posted
on it worked well over the July 4th holiday, even though some
mattresses and construction debris ended up in the dumpster. Having
the doors opened seemed to reduce the amount of garbage that was
pitched over the top, and its closer proximity to the regular
dumpsters worked well to improve matters. There was a suggestion
about the possibility of hiring youths to pick up trash on a regular
basis, since we still have an ongoing problem with trash on the
grounds. Ms. Thomson reported that River Cities Waste billed the
Association an extra $200 for their having to spend extra time
on Memorial Day picking up trash that spilled over the sides of
Mr. Sweeney reported that he has a bid from
Stan Vescio on the trenching for the line to house electrical
line to the proposed new camera at the dumpster area. The work
would include backhoe, compaction and concrete repair at a price
of $4,125. Mr. Sweeney stated that a wireless camera would not
work because of the extended distance from the guardhouse. Mr.
Sweeney stated he would purchase and install the conduit, with
the camera to be located at the northeast corner in the back facing
out (by the mailboxes). Mr. Sweeney would schedule the project
with Mr. Vescio, with Mr. Sweeney laying the conduit within a
couple of weeks. He stated the PVC pipe and wiring costs have
not yet been calculated, but that is not a big expense, and his
labor is no charge. The camera will cost approximately $1,500,
so with the trenching and the pipe/wiring costs, the project should
total about $6,000.
Mr. Chambers asked Mr. Sweeney what the camera
would zoom in on. Mr. Stroud stated that no one is now picking
up trash like Don Braun, former groundskeeper, used to do. Ms.
Thomson reported that the Association recently repaired or replaced
all of the gate hinges to the dumpster area at a cost of $650,
at Mr. Risen’s request, since two of the hinges have had
to be replaced recently.
Mr. Svider made a motion that the Association
authorize the payment of not to exceed $7,000 for the installation
of the new camera at the dumpsters. There was no second to the
motion, and the motion failed to carry.
Mr. Risen reported on the status of lot 10,
stating that he went to the County Health Department to report
black mold inside the residence. The Health Department told Mr.
Risen that it doesn’t inspect the inside of structures,
that it doesn’t test for mold, and that it does not want
to get involved. It was reported that Buckskin Fire also does
not wish to get involved in this situation.
Mr. Svider made a motion to bring the owner
of lot 10 into compliance with the CC&R’s concerning
the condition of his lot by imposing the legal fine. Mr. Churchill
stated that Mr. Willoughby’s roof needs to be repaired so
roofing materials will stop blowing onto the street and onto neighbors’
properties; blowing debris constitutes a nuisance, which nuisance
is in violation of section 12.6 of the CC&R’s. Mr. Willoughby
is also in violation of section 12.11 (Safe Condition) and section
10.1 (Maintenance; Owner’s Responsibility). The motion was
seconded, and the motion carried. Ms. Thomson is to contact the
Mr. Sweeney reported that the roof height
of the Fevurly construction project on lot 79 is currently in
compliance, but it is very close to 18’, and the roofing
material hasn’t been put on yet. He stated that it is likely
the finished roof will exceed the height limit, and he continues
to monitor construction.
Mr. Risen reported that the 5th wheel on lot
18 has been removed. The lot 173 vehicles that were being illegally
stored on the street at the neighboring vacant lot have also been
Mr. Sweeney presented the Board with two towing protests. Both
protests state there were no signs, and no notice, to homeowners.
Mr. Sweeney reported that both those statements are incorrect.
He circulated the two protests submitted by Kathy Leek (lots 73/102)
and Charles Hutchins (lot 97) to the board members. The new members
of the Traffic Committee not having been determined as yet, Mr.
Svider stated that he is still a member of the Committee. Mr.
McPherson expressed his displeasure at having been removed from
the Committee. Mr. Svider stated that the Association needs procedures
for the parking lot. Mr. Risen stated that there are procedures,
and violators receive a red-tag, 24-hour warning before being
towed. Mr. Chambers stated that his trailer was towed over the
Memorial Day holiday. He stated the new signs didn’t say
trailers would be towed if they did not have lot ID, but he added
that language to the signs right after his trailer was towed.
Mr. Risen presented to the Board R&B Security’s
proposal for twice-daily patrols, seven days a week at a cost
of $30 per day. The proposal includes a uniformed, DPS-certified
security guard patrolling the streets via marked security vehicle
and on foot, with a two-way radio and cell phone to monitor and
report suspicious activity to the police. R&B will provide
written reports on a weekly basis, will take photos of violations,
issue citations, and arrange for towing of vehicles and trailers
from the common lot in violation of the rules. R&B Security
does not engage in law enforcement duties (make arrests). Sgt.
Darrell Wilson would be the primary security guard. Mr. Risen
recommended the board approve the proposal, and felt the Association
would benefit from an unbiased, third party agency to enforce
rules and regulations. A discussion followed about trash removal
and general maintenance. Mr. Sweeney suggested that someone who
lives in the Keys be enlisted to do clean up and drive the streets
to address landscape, maintenance and upkeep issues, as well as
pick up trash on the streets. Mr. Risen read R&B Security’s
July 4th report to the Board.
Mr. Price made a motion to hire R&B Security
pursuant to the terms of its proposal. There was a discussion
about continuing the service on a month-to-month basis to see
how it works, noting that either party may terminate the service
upon 30 days’ notice. Mr. Stroud requested that reports
be submitted prior to monthly Board meetings, and Mr. Risen stated
that R&B would submit reports on a weekly basis. The motion
was seconded, and the motion carried.
Mr. Risen asked Ms. Thomson to report to the
Board a new due diligence law imposed by the State of Arizona
relating to real estate agents and prospective buyers of properties
in homeowner association’s. The law requires all prospective
buyers be provided with specific disclosure information and documents,
whether or not the prospective buyer actually purchases the property.
Ms. Thomson states that some of the prospective-buyer information
is different from the new-owner information packet she sends to
Mr. Price made a motion that the Association
charge a $100 transfer fee to escrow for each new member to cover
the cost of submitting necessary documentation to new owners.
The motion was seconded, and the motion carried.
Mr. Sweeney made a motion that the Association
charge a $100 due-diligence fee to real estate agencies requesting
disclosure on behalf of prospective buyers. The motion was seconded,
and the motion carried.
Mr. Stroud inquired about the status of Squeak
providing qualification of his membership status enabling him
to serve on the Board. Mr. Price replied that Squeak told him
he would have the documents. Mr. Risen suggested that those documents
be submitted to Mr. Churchill.
There was a report of brush growing into the
canal, with blowing debris, at lot 180. Mr. Chambers stated he
would contact the owner and work with them to resolve the issue.
(The bank is now extremely steep following Kenko’s reconstruction
of the slope, and the owners have been unable to do their own
GENERAL MANAGER’S REPORT
Mr. Risen read Mr. Currie’s monthly report, and he stated
that the possibility of Mr. Currie leaving following his experience
with the Memorial Day holiday has been resolved for the moment.
Mr. Currie told Mr. Risen recently that he was going to stop issuing
warnings for violations, because people don’t cooperate
even with a warning. He did tell Mr. Risen, however, that he has
been getting some cooperation on the stickering of trailers in
the parking lot.
The protest submitted by Kathy Leek having been read by the Board
was brought up for discussion again. Mr. Sweeney read the protest
which states that no warnings were given, nor were there signs
posted on 6/10/05 (the date of the tows). Mr. Sweeney stated that
the signs were posted in May and that Mr. Currie did warn the
vehicle/trailer owners, and the following day they were towed.
Mr. Sweeney stated that the Association did everything it was
supposed to do, and he therefore recommended that it uphold the
towing of the one vehicle and three trailers owned by renters
of Ms. Leek. A motion was made to uphold the towing of one vehicle
and three trailers owned by renters of Ms. Leek. The motion was
seconded, and the motion carried.
Mr. McPherson asked if there is a mechanism
in place for ID stickers. Mr. Risen stated that the Association
accepts any form of ID attached to the trailer tongue. He stated
that Robert Gory Realty has its own guest stickers that they distribute
to renters of the properties they manage. He further stated that
the Association does not engage in the towing of vehicles/trailers
in the lot that are blocking other vehicles.
The protest submitted by Charles Hutchins
was reviewed. The protest states that no warnings were given,
nor were there signs posted on 6/9/05 (the date of the tow). For
the same reasons as stated in response to the Leek protest, Mr.
Sweeney recommended that the Association uphold the towing of
this vehicle/trailer. A motion was made to uphold the towing of
the vehicle/trailer owned by renters of Mr. Hutchins. The motion
was seconded, and the motion carried.
Plans for a room addition on lot 238 were
presented. This is a dry lot, and the structure meets the 15’
height requirement and the 5’ rear and side setbacks. Mr.
Churchill reviewed the plans and deemed them acceptable. Mr. Price
made a motion to approve the room addition plans for lot 238 as
presented. The motion was seconded, and the motion carried.
Mr. Svider had a question about last month’s
motion on the plan submission for lot 198, specifically concerning
the setbacks. Mr. Sweeney reminded Mr. Svider that those plans
were reviewed and rejected, and a motion was made with specific
guidelines for the owner to address in order to obtain plan approval.
He further stated that we did provide the owner with those guidelines.
Mr. Price reported that the title company
is working on the Berge matter. Mr. Churchill stated that he spoke
to Mr. Berge’s attorney about preserving the integrity of
our security once their property is developed and both developments
are within the same gate. The attorney said that they had not
thought about that issue. Mr. Churchill also stated he talked
to Mr. Gory about the possibility of utilizing the existing entrance
that has been used all this time. Mr. Gory replied that there
is a visibility property with the existing entrance, according
to their engineer.
The meeting adjourned at 7:50 p.m.
Submitted by Recording Secretary, Sue
APPROVED BY BOARD OF DIRECTORS AUGUST 1, 2005