Board of Directors
JANUARY 9, 2006
CALL TO ORDER
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
Secretary/Treasurer: Chris Chambers
Board Members: Jack Sweeney, Gary Svider, Squeak, Joe Price, Larry
St. George, Bob Stroud, Joe Maxwell and Richard Jaschke
Vice President: Chuck Baker
Guests: Gary & Laura Schmitt (lot 185); Barbara Risen (lot
184); Sheryle Jaschke (lot 171)
Bookkeeper/Recording Secretary: Sue Thomson
General Manager: John Currie
Legal Counsel: John C. Churchill (6:15 p.m.)
CALL TO PUBLIC
Mr. Schmitt introduced himself and stated that he and his wife
were here to observe the meeting.
Squeak made a motion to approve the Minutes of the regular meeting
held on December 5, 2005. The motion was seconded, and the motion
Mr. Sweeney made a motion to approve the December Balance Sheet.
The motion was seconded, and the motion carried.
Squeak had a question about the year-to-date
entry for gate openers on the Profit & Loss Statement, and
Ms. Thomson answered his question. Mr. Sweeney made a motion to
approve the December Profit & Loss Statement. The motion was
seconded, and the motion carried.
Squeak made a motion to approve the accounts
payable. The motion was seconded, and the motion carried.
Ms. Thomson reported that the majority of vehicle stickers in
stock were distributed to homeowners with the quarterly dues'
statements, and that if the Association decides that all vehicles
and trailers parked in the common lot bear an official sticker,
then we will need to order another type of non-consecutively numbered
sticker so that an entire batch does not have to be run at one
time. Otherwise, the cost would be prohibitive. Ms. Thomson will
investigate other sticker options.
There are still lingering problems in getting
documents posted on the website, but Ms. Thomson was assured there
would be no further posting delays.
Reimbursement was received from the party
who recently damaged the entrance gate, and adjustments were recently
made to the exit gate mechanism.
Delinquent letters were sent to the owners
of lot 10 and lot 146, and late fees were billed on 13 accounts.
Ms. Thomson discussed the proposed classified
ad and General Manager Job Description in search of Mr. Currie's
replacement. Mr. Risen authorized Ms. Thomson to place the ad
in the Parker Pioneer.
Ms. Thomson proposed that this year's Annual
Meeting be set for Saturday, April 15, 2006, as Easter is on April
16. Mr. Risen approved the date and he suggested that, because
Ms. Thomson does not have the time this year to prepare for a
lunch meeting, the meeting be held at the Board of Supervisors'
meeting room in downtown Parker. It was also suggested that the
meeting be scheduled at the Boat House, but Mr. Risen stated that
the room would most likely not be available to us. Ms. Thomson
will check on both options.
GENERAL MANAGER'S REPORT
Mr. Currie made a verbal correction to his report, stating that
Ms. Thomson was not at the meeting held with R&B Security
on December 22. He reported that R&B Security will be cutting
back on their service until spring, and they will bill us accordingly.
Mr. Currie reminded Mr. Poolaw at that meeting that his reports
need to be timely submitted. Mr. Currie has not received any reports
since the meeting.
As previously discussed, the entrance gate
has been repaired.
The street grate at lot 112 has yet to be
installed, and Mr. Currie states he is having trouble getting
Stanton Construction to return his calls. Mr. Sweeney stated he
would try to reach Steve Stanton.
Mr. Currie received and circulated a plan
from new owner Dennis Smith (lot 214) for proposed construction
of a wrought-iron fence in his front yard. Mr. Smith also continues
to voice his concerns about the two unsightly properties on Yaqui
Loop, across the canal from him, stating that the condition of
these properties is diminishing his property value.
Mr. Currie reported that the exit gate was
damaged recently by new owner Jimmy Lucero (lot 204), which incident
was witnessed by Mr. Chambers as a legitimate accident due to
Mr. Lucero's inattention while waiting for the gate to open. Mr.
Currie arrived at the scene to collect Mr. Lucero's insurance
information. Mr. Currie has a quote for a new gate from Advanced
Gate for $1,950, and the gate will take two weeks to manufacture
once the Board approves the quote. Mr. Chambers suggested that
a large reflective "STOP" sign be posted on the exit
gate. Mr. Risen stated that the final cost of the repair wouldn't
be ascertained until the controller is tested, once the new gate
is installed. Mr. Risen asked Mr. Currie to contact Mr. Lucero's
insurance company and let them know that we have a preliminary
amount for the repair, but that we cannot settle the final amount
until the controller is tested. Mr. Currie was instructed to authorize
Advanced Gate to proceed with the job.
Mr. Svider inquired about the status of the title policy on the
street (Navajo Lane). It was reported that the title company is
working on it, but they are behind in their workload.
Mr. Svider inquired about the matter of closing
access to the Brooke Water property near the north boat ramp.
Mr. Risen inquired if we could split the cost with the water company,
and prevent people going in and out of the area (by the water
tank). Mr. Risen said he would ask Mr. Churchill about ongoing
negotiations with Brooke Water when he returns to the room, after
stepping out for a minute with Mr. Sweeney.
Mr. Svider also inquired about the status
of the lien preparation on lot 10, as well as the status of the
collection of unpaid rental security deposits. The matter was
tabled until Mr. Churchill's return.
Mr. Svider requested the Board revisit the
matter of establishing policy on replacement gate openers, and
he also requested an update on the irrigation drip system. Squeak
stated that he will ask Mike Roberts about the drip system.
Mr. Svider asked if the Board is going to
attempt to recuperate from Buckskin Sanitary District the cost
of the sinkhole repairs.
Mr. Chambers brought up his $100 towing fee
protest, and he requested that the Traffic Committee review his
protest. Mr. Risen stated that Al Moroff, a member of the Committee,
is not present and that committee members Gary Svider, Al Moroff
and Squeak schedule a Committee meeting to discuss Mr. Chambers'
protest and make a recommendation to the Board. Ms. Thomson is
to get the information to Squeak prior to the Committee meeting.
Mr. Chambers again suggested that the Board
consider converting a portion of the common parking lot to a basketball/tennis
court. Mr. Chambers is to obtain an estimate and present it at
the next meeting.
Mr. Risen reported that the Police Explorers
assembled all the vehicle stickers and homeowner packets, and
that a donation for their efforts would be appropriate. Mr. Chambers
made a motion that the Association donate $40 to the Police Explorers.
The motion was seconded, and the motion carried.
Mr. Svider reported that he experimented with
an alternatively produced sticker, via the current sticker, and
it did not succeed. Ms. Thomson stated that the sticker style
we use is not supposed to be easily reproduced.
Mr. Churchill having returned to the room,
he reported that the final letter to Robert Willoughby, lot 10,
prior to filing a lien, is being drafted by his paralegal.
Mr. Sweeney having returned to the room with
Mr. Churchill, he understood that we were not going to pursue
collection for sinkhole repair expenses from Buckskin Sanitary
District. If that's what the Board decides to do, then he will
have to separate the sinkholes that Earthscape did on the majority
of the initial work. Some were connections to laterals. Three
were actual lateral installations; the rest were 2-3' lines to
connect to the existing lateral for the homeowner. Mr. Churchill
inquired as to how you would prove it was work done by contractors
hired by homeowners versus contractors hired by Kenko. Mr. Price
stated that Buckskin Sanitary District has information on the
contractors doing the work. Mr. Stroud reported that some of the
recent Stanton repairs are lower in elevation than before the
repairs; there are a couple on his street. Mr. Sweeney said that
someone approached him about a dip in one of the new repairs.
Mr. Sweeney said he would check it out.
Concerning access near the north ramp to the
water tanks, Mr. Churchill stated he is in negotiations with the
water company. They have ignored our request to contact us. He
further stated that although we use it without restriction, but
we don't own it, so it would be difficult to fence it. He also
stated he received a survey description, so we can propose they
sign a quitclaim deed before we file suit. We're not incurring
any expense on the matter. If we continue to use it, we continue
to have a right to claim use. Mr. Stroud pointed out that if an
incident occurs, it's not our property. Mr. Sweeney suggested
that we table the matter for now, and that we continue to use
it, which will strengthen our case in the future.
Mr. Churchill stated that in regard to the
delinquent rental security deposits, a follow up letter is going
out to those landlords that will clarify the Association's position
on the matter. The next step would be to file a lien; and, if
authorized, start foreclosure.
Mr. Risen opened discussion about our gate opener replacement
policy. Mr. Sweeney made a motion that the Association provide
only an unconditional 30-day warranty from date of sale on all
gate openers, no exceptions. Squeak seconded the motion. There
being no discussion, the motion carried, with the exception of
Mr. Svider opposing and Mr. Maxwell abstaining.
There was a discussion about replacement policy
on gate cards. Mr. Risen asked Mr. Sweeney to explain how the
cards and card reader work. Mr. Sweeney said the cards are coded,
so if they are damaged, they may not work. Also, if the power
is turned off on the card reader and the battery back-up stops
working after approximately six hours, we could have a catastrophic
loss of all card codes. He suggested that cards with physical
damage not be warrantied. Otherwise, inoperable cards with no
apparent physical damage should be replaced at no charge.
Mr. Sweeney presented plans submitted by Dave
Oddo (lot 226). No construction deposit was given, and the building
is to be constructed at some point in time. Mr. Sweeney suggested
that we table the matter until such time as the plans are clarified
and a deposit received.
Mr. Sweeney presented fence plans submitted
by Dennis Smith (lot 214) which is for a wrought-iron fenced dog
run along the entire front (street) side of his property. Mr.
Sweeney stated the fence/dog run is not appropriate and would
be an eyesore. Mr. Sweeney made a motion to disapprove Mr. Smith's
lot 214 wrought-iron fence plan. Mr. Risen stated that he spoke
with Mr. Smith's next-door neighbor who is unhappy with the plan,
stating there is traffic and kids playing that would cause the
dogs to bark. Mr. Maxwell seconded the motion. Mr. Svider inquired
whether or not the Board can legally disapprove a plan that is
within the proper boundary. Mr. Churchill stated he doesn't see
anything that can preclude him. Mr. Sweeney stated that CC&R
section 11.4 give us disapproval rights. Mr. Svider asked if there
is a rule about nuisance and noise. Mr. Churchill stated that
his own dog has run of the entire property, and Mr. Sweeney pointed
out that if Mr. Smith's dogs are caged in a 6' x 29' area, then
the dogs do not have free run of the property. Mr. Churchill stated
that he can't find anything in Mr. Smith's proposal that offends
the CC&R's. Mr. Sweeney stated he deems the proposed fence
unsightly pursuant to section 11.4 of the CC&R's. Mr. Risen
called for a vote on Mr. Sweeney's motion to disapprove the plan,
suggesting that Mr. Smith propose another method. There being
no further discussion, the motion carried unanimously.
Mr. Smith's request to force the two homeowners
on Yaqui Loop with the unsightly houses to upgrade was discussed.
Mr. Sweeney stated that one of the houses is trashy looking and
debris is all that needs to be picked up. Mr. Chambers stated
that the other house in question is being re-stuccoed. Mr. Risen
stated that the blue one came in as a mobile home, one of the
few in the Association. Mr. Sweeney acknowledged that the decking
looks rickety. Squeak inquired if it would be appropriate to send
a letter to the two homeowners requesting that they upgrade because
of complaints. Mr. Risen said that Mr. Smith, who just recently
purchased his property, knew that those properties were in that
condition when he purchased his property. What Mr. Smith paid
for his property was based in part upon the conditions in the
neighborhood at that time. Mr. Risen further stated that should
these subject properties on Yaqui Loop be eventually improved,
and that will occur at some point when the owners are financially
able to make repairs and improvements, then Mr. Smith's property
value will only increase accordingly. Mr. Sweeney stated that
other houses in the Keys have problems too, and he further pointed
out that we have been unsuccessful in our attempts to get anywhere
with lot 10. Mr. Price stated these problems will eventually fix
themselves when people attempt to sell their houses for the best
price. Mr. Risen said he can't see the Board getting involved.
A motion was made, and carried, to table the Dennis Smith matter
of forcing upgrades to the two unsightly houses on Yaqui Loop.
Mr. Chambers asked what is involved in getting
the CC&R's amended to increase the building height restriction.
Mr. Churchill advised that a 2/3-majority vote of homeowners present
at a general membership meeting called for that specific purpose
is required to amend the CC&R's.
Mr. Sweeney presented plans submitted by Chuck
Baker (lot 116). Mr. Baker has asked the County for a 3.5' variance
on an existing, no-eaves, and former 3' setback requirement. Mr.
Sweeney made a motion to approve the building plans for Lot 116,
as they meet the setback requirements of 10' between lots (116
and 117), extending all the way back (the lots were combined on
the Assessor rolls, and they are being re-separated, as Mr. Baker's
garage on lot 116 is being demolished, to be replaced by a new,
separate residence). Mr. Risen stated he considered going to the
variance meeting, but legal counsel said it was not necessary,
since it doesn't affect the Association. Mr. Svider said he went
to the meeting, and he reported that the County's interpretation
of the 20' setback requirement is that they will approve 10' setback
variances. There being no further discussion, the motion carried
Mr. Svider inquired about the possibility
of putting Board members' phone numbers and e-mail addresses on
the website. The general consensus was not to do so.
Mr. Svider would like the Board to consider
sponsorship for a defibrillator; he would like the matter discussed
at the Annual Meeting.
Mr. Svider also proposed the possibility of
having an office and clubhouse occupy the grassy area, in lieu
of the grassy area.
Mr. Svider also suggested that the Association
hold up hiring a replacement General Manager until after the Annual
Meeting. Mr. Risen stated that Mr. Currie leaves on February 28,
and the Annual Meeting is not until April 16, and a Board member
would have to serve as General Manager in the interim. He also
reminded Mr. Svider that security is only patrolling on weekends
Mr. Chambers requested that we agenda for
the Annual Meeting a discussion on revising the building height
restriction. Mr. Churchill stated such a matter would have to
be discussed at a regular Board meeting first, then at a specifically
scheduled General Membership meeting.
Barbara Risen noted that Mr. Maeck (lot 249),
by the exit gate, often parks his pick up truck in the adjacent
common lot with the tailgate down, causing a blockage. Mr. Currie
stated that Mr. Maeck is never there with his tailgate down more
than 24 hours at a time, but he will speak with him about it.
Squeak stated that he recently acquired property/liability
insurance with Farm Bureau, and they cut his premium in half.
He would like the Association to get an insurance quote from Farm
Bureau. Ms. Thomson will look into it. Mr. Chambers reported that
the Keys is not in a floodplain according to FEMA, and the maximum
payout by FEMA is currently set at $275,000.
It was noted by Mr. St. George that lot 25
was cleared today of overgrown vegetation.
The meeting adjourned at 7:18 p.m.
Submitted by Recording Secretary, Sue Thomson
APPROVED BY BOARD OF DIRECTORS FEBRUARY