Board of Directors
Regular Meeting
AUGUST 1, 2005

President Bill Risen called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:00 p.m.

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

Secretary/Treasurer: Chris Chambers
Board Member: Richard Jaschke
Legal Counsel: John C. Churchill

Guests: Jerry Barbanell (lot 216); Blane Coon (lot 54), Barbara Risen (lot 184)
Bookkeeper/Recording Secretary: Sue Thomson
General Manager: John Currie
Security: Darrell Wilson, R&B Security

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

Mr. Baker made a motion to approve the July Profit & Loss Statement. The motion was seconded, and the motion carried.

Mr. Price made a motion to approve the Minutes of the regular meeting held on July 11, 2005. The motion was seconded, and the motion carried.

Mr. Barbanell requested a change of his property to a “condo” designation so that he and his partner could hold title separately to one unit apiece, thus making it easier to borrow funds. Mr. Barbanell stated that he spoke with Mr. Churchill about it. He is not requesting a lot split. Mr. Barbanell started to review the CC&R’s while Mr. Baker stated that a condo is air space, and a homeowner’s association would have to be formed to handle air space. Mr. Barbanell stated that he rezoned the property to R2, or R3, about two years ago. Mr. Baker stated that Mr. Churchill is currently on vacation and would have to research the issue. The matter was deferred until Mr. Barbanell finished reviewing the CC&R’s.

Ms. Thomson reported that Dave Johnson inquired again about the status of Squeak’s lot ownership. Squeak stated that he is working on the legal issues. The answer to a Small Claims action, for towing fees, filed by Charles and Deanna Hutchins, lot 97, has been prepared. Mr. Willoughby, lot 10, was fined $500 for the deteriorated state of his building. The gate criminal damage matter is status quo from last month. The skyrocketing water bill was discussed, and Angel’s irrigation system, which Mr. Chambers was to have discussed with Angel last month. Ms. Thomson presented a towing protest submitted by Kevin Rosenthal, lot 78, where he asks to be reimbursed for towing fees.

Mr. Sweeney made a motion that the Association not reimburse Mr. Rosenthal. The motion was seconded, and the motion carried.

Mr. Baker made a motion to approve the accounts payable and the Bookkeeper’s Report. The motion was seconded. Squeak asked if all the dumpster gates have been repaired, and Mr. Currie said they were. Squeak also reported that there is still trash behind the oleanders. Mr. Stroud stated he doesn’t believe Angel is cleaning up debris every time he is here. Squeak stated that he has talked to Mike Roberts about a gardening and trash pick up proposal. Mr. Baker suggested that Squeak get a bid from him.

Mr. Sweeney made a motion to authorize Squeak to negotiate a bid from Mike Roberts for trimming, trash pick up and landscape maintenance. The motion was seconded, and the motion carried.

Mr. St. George reported that our trash provider is putting the dumpsters in backwards. Mr. Baker stated that Mr. Wilson should attend monthly meetings and that he be put on the agenda early so that any questions can be immediately addressed.

Mr. Currie presented the General Manager’s Report. He issued several citations the first week of July. He reported continuing failure of the entrance gate, even though it has been serviced. Mr. Currie has attempted to reach a gate company in Kingman, twice, but he has not succeeded. Our regular gate repairman will be back in about a week to replace the wiring harness at no charge. Mr. Currie stated that R&B Security took over security matters on July 12, and he met with Mr. Wilson to bring him up to speed. Mr. Currie reported a small sinkhole where the asphalt meets the concrete drive at lot 179. Ace Concept is to be contacted to look at it, since they originally did the patchwork for the repair of a telephone line on Yaqui.

Mr. Wilson reported that he started patrol service on the evening of July 12. Shortly thereafter, he experienced a total computer failure and has been trying to catch up with his paperwork. He stated that he is currently the only one doing the patrolling and that he has been familiarizing himself with our CC&R’s. He reported that in July he issued 6 white line citations, 24 white line warnings, 7 common lot warnings and 8 vehicles/trailers were towed from the common lot. There was also 1 fireworks incident. Mr. Wilson reported that he used to be a Keys’ resident in the late 80’ and early 90’s. Since he’s been familiarizing himself with the homeowners, he started out issuing more warnings. Mr. Sweeney stated that he believed homeowners should be warned, and that our primary mission is for the homeowners to comply with the rules. Mr. Risen reported that Mr. Currie recently stated that the majority of the warnings Mr. Currie was giving were not effective, although a couple of people telephoned him to thank him for the warnings. Mr. Wilson reported that out of 7 parking lot warnings, only 2 responded by moving their vehicles/trailers. Mr. Svider requested a discussion in Executive Session. Mr. Wilson stated that he would submit his reports and digital photo files soon. Mr. Risen asked Mr. Wilson to submit citation information to Ms. Thomson within a day or two, and submit weekly reports to Mr. Currie. Mr. Wilson stated that he is using a white marker to mark tires, and he is making a note of the commencement date of parking. Mr. Baker stated that Mr. Wilson is great with people and he will do a good job, and having him will solve lots of problems. Mr. Wilson reported the main streetlight is out, and Mr. Currie said he will ask APS to fix it. There was a question about when or when not to call Mr. Wilson, and Mr. Risen stated that he should not be called for criminal activities.

Mr. Baker stated he is upset that last month’s motion to go forward with installation of the gate camera system died, as we promised people we were going to install it. (Mr. Baker missed last month’s meeting.)

Mr. Baker made a motion to install a camera system by the dumpsters, with a reservation as to how it is to be accomplished. The motion was seconded by Squeak. Mr. Risen stated that one instance of hazardous dumping would create a huge financial responsibility to properly remove the hazardous waste from our property, and that insurance companies do not cover clean up. Mr. Sweeney stated that he had obtained a bid for $4,500 to trench, compact and backfill the long distance trench. Squeak brought up the possibility of changing the entrance because of the Berge access issue. Mr. Price explained that the problem with last month’s motion was the proposed camera’s lack of zoom capability. He stated that it is possible to resolve that issue by moving one of the existing gate cameras that has zoom capability to the dumpster area, while still maintaining adequate security and camera images at the gate. Mr. Sweeney said we could do an add-on, but there is no need for that at this time, and he will do further research to attempt to find a better camera. The proposed trenching will go to the first trash bin, and a second camera location needs to be identified. Mr. Sweeney also stated he would revisit a wireless system. Mr. Stroud suggested using the APS pole across the street, since he thinks we own the poles, and he thought a remote camera would most likely be acceptable. There being no further discussion, the motion carried.

Mr. Barbanell finished his review of the CC&R’s, and he reported that he could not locate what he is looking for.

Mr. Risen reported he is having difficulty locating new volunteers to serve on the Traffic Committee to review protests. Mr. Barbanell volunteered, but he said he is not in town very often. Mr. Risen asked for the Board members to put on their thinking caps.

Mr. Sweeney reported on the recurring problem with the entrance gate not opening. He stated that functionally, the entrance gate and the exit gate controllers are the same, as are the electronics. They are just using different signals to do the same thing. The entrance gate is receiving signals from the clickers when in failure mode, but the gate won’t open. He stated that the exit gate never breaks; it’s the entrance gate that is always breaking, perhaps from too many clicks. He also stated that if the new wiring harness doesn’t fix the problem, we might want to consider an infrared opener, using bar code technology, as the clickers may be creating too much wear and tear. Mr. Stroud reported that he noted a busy signal on the telephone access line. Mr. Sweeney stated that a busy signal on the phone line has nothing to do with this problem, and that he has never seen that system fail to work. Mr. Stroud suggested that more keys be issued for the controller boxes so that the gate can be manually opened without delay when it fails to operate.

Mr. Baker made a motion to hire Parker Tree Service to cut the dates off the palm trees at the proposed price of $360. The motion was seconded, and the motion carried.

Mr. Sweeney made a motion that the irrigation system that Big River Landscaping installed be removed. The motion was seconded, and the motion carried.

Mr. Svider reported that the strobe light is out on the main channel. Mr. Currie will check it out. Mr. Svider also reported that Keys II has seen an increase in the cost of electricity recently. Each light pole is billed at a flat rate, and there have been no notices of price increases. He said he spoke to Doug McDonald of APS about it, Keys II submitted an audit request to APS, and it was discovered that Keys II was paying for two light poles that it did not own. Mr. Baker said he thought our Association lost one or two poles to construction, but Mr. Risen stated that APS was informed of that loss. Ms. Thomson was asked to submit an audit request to APS, since we have also experienced electricity increases in recent months.

Mr. Barbanell inquired about the Riverside Drive road widening project projections. Mr. Baker stated that it’s still a way off, since it will be done simultaneously with the sewer installation, and the sewer project has experienced some engineering delays.

The meeting adjourned to Executive Session at 7:18 p.m. and reconvened at 7:40 p.m.

Opening a discussion on towing and citation issues, Mr. Baker asked about Mr. Wilson’s specific job duties. Mr. Risen stated that he is to enforce the rules and inform Mr. Currie of things needing repair. Mr. Currie stated that he is working with Mr. Wilson regarding procedures, including warnings. Mr. Sweeney stated, once again, that warnings should be given. Mr. Svider referred to the June 7, 2004 general membership meeting where rules and fines were established. He read the parking lot rule that states there is a “Fine. Warning: No. Fine: $25/day….” He asked where towing got authorized. Mr. Risen responded that what other action could the Association take when there is no lot ID, other than to tow? We can’t run the license plate, so we have no other resources to locate the owner, except to store it. Mr. Svider stated that if we lose the Small Claims case, it would be Pandora’s box, because people didn’t vote on towing. Mr. Baker stated that the Board passed the towing issue after that. Mr. Svider stated that the metal parking lot signs are too high. Mr. Risen stated that he purposely put them that high so that they can’t be messed with, in addition to his opinion that a tall profile truck or boat would hide a shorter sign. Mr. Sweeney stated that because this procedure is new, and as a courtesy, we should be issuing warnings.

Mr. Sweeney made a motion that until September 30, 2005 we issue a 24-hour warning to ID vehicles and trailers before towing them. Mr. Svider seconded the motion. Comment was made that people don’t check for warnings in the lot over the weekend. The motion failed.

Mr. Baker made a motion to continue the current policy of towing vehicles and trailers with no lot ID. Mr. Price seconded the motion, and the motion carried.

Mr. Baker asked who is in charge of looking for construction violations. Mr. Sweeney said he does that. Mr. Wilson indicated he deals with white line violations, parking lot violations and general issues. Mr. Baker indicated the need for consistency in white line citations, and what happens when someone is just a couple of inches over the line? Mr. Currie said that as long as the tires were inside the line, even though another part of the vehicle may be over the line, he was not issuing a citation. He also stated, however, that Mr. Wilson has been told that he may use his own discretion on the issuance of citations. After a short discussion, Mr. Risen stated that no portion of a vehicle or trailer may extend over the white line, and all offenders are to be cited. Mr. Risen further stated that although R&B Security has been designated as ticket writer, Mr. Currie, as General Manager, is still authorized to write citations when he sees infractions.

The meeting adjourned at 8:10 p.m.

Submitted by Recording Secretary, Sue Thomson