Board of Directors
MAY 1, 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
Vice President: Chuck Baker
Secretary/Treasurer: Chris Chambers
Board Members: Jack Sweeney, Gary Svider, William (Squeak) Kossnar,
Bob Stroud, Joe Maxwell, Larry St. George, Richard Jaschke
Guests: Blane Coon (lot 54), Barbara Risen (lot 184), Tricia Pollett
(lot 43), Robert Spangler (lot 34), Rob Troxler (lot 160), Rochelle
Anslyn (lot 113)
General Manager: Cheryl Shockley
Bookkeeper/Recording Secretary: Sue Thomson
Legal Counsel: John C. Churchill
CALL TO PUBLIC
Guests stated they were here to observe, with Ms. Pollett inquiring
as to what additional documents exist, if any, subsequent to the
1995 CC&R’s that are posted on the web. Mr. Risen referred
her to the Secretary.
Mr. Baker made a motion to approve the Minutes of the regular
meeting held on April 3, 2006. Mr. Sweeney stated a correction
was needed about the Hopi Drive sinkhole. It should state the
sinkhole runs the entire width of the street rather than the entire
length of the street. Ms. Thomson will make the change. The motion
was seconded and the motion carried.
Mr. Sweeney made a motion to approve the Executive Session Minutes
of April 3, 2006. The motion was seconded, and the motion carried.
Mr. Baker made a motion to approve the April Balance Sheet
and Profit & Loss. The motion was seconded, and the motion
Squeak made a motion to approve the Bookkeeper’s Report.
The motion was seconded, and the motion carried.
GENERAL MANAGER’S REPORT
Cheryl Shockley, the new General Manager, stated she had a
trailer towed from the parking lot on April 21. Mr. Sweeney reported
that Dennis Firestone, a Vista Del Monumento Acres’ owner
has used the parking lot, and inquired if the VDMA owners are
authorized to use the lot. Mr. Risen stated they are not authorized
to use it. They are permitted ingress and egress only. Ms. Thomson
was asked to send a letter to Mr. Firestone advising him that
he is not permitted to park in the common parking lot. There was
a question about whether or not warnings are being issued for
those vehicles or trailers parked in the lot without an ID sticker.
Ms. Thomson explained that a red tag is placed on the vehicle
or trailer that has been ordered towed away, and if the owner
claims it before the tow truck shows up, that would be the only
warning; otherwise, the Association is not obligated to issue
Ms. Shockley stated she has spoken with several people whose vehicles
were parked over the line, and all were cooperative in moving
their vehicles, and appreciative that they did not receive a violation.
Mr. Sweeney gave an update on the deteriorating street conditions,
including a problem at the Barrett house (lot 245); the streets
are cracking and deteriorating everywhere. There’s one on
Apache, and since Steve Stanton repaired the sinkholes in early
December, two more sinkholes have appeared. The Board should now
be concerned about liability issues. There are several cracks
on Papago and Apache, and Mr. Sweeney recommended a ½”
slurry, or patches.
Squeak reported that when sewers are installed, a sewer district
person checks the system with a camera. He stated that this same
problem is happening in another area, Yuma or Quartzsite, where,
five years later, they discovered compaction problems. Mr. Baker
reported that he was not able to quickly locate files with the
names of soils engineers, stating that those records may be in
storage. He suggests we do engineering, and that we seal the seams
as a temporary fix. Slurry is also only a temporary fix. Mr. Chambers
stated that on the Hopi Drive problem, slurry won’t work;
it needs an overlay to cover the 2 ½” to 3”
dip, side-to-side and lengthwise. The sinking on Hopi has since
cracked on all four corners. Mr. Sweeney reported there are two
soils engineers out of Laughlin and Yuma, and neither one is anxious
to come here, but that’s the only way to know the street
condition all the way down to the pipes, which are well within
the water table. He said he gets water at 12’ on his street,
with the pipes about 22’ down. Ms. Shockley was asked to
check into soils engineers, and Mr. Baker suggested a seal coat,
and he recommended T&C Seal Coating.
Mr. Risen reported that he installed the new stop signs on the
gates. He inquired if the Board is interested in replacing the
current non-reflective street signs with reflective signs, either
plain or with a design. Mr. Sweeney suggested that we table the
matter until at least the next Board meeting.
Ms. Shockley stated she priced replacement mailbox units from
an Internet vendor at $887 each. Steve Stanton has not responded
to her messages about bidding the concrete work. She stated Mike
Dyer prepared a proposal to do all the work, (repair and clean
up area, remove the damaged concrete and debris, replace broken
concrete sections, set two large boulders, replace and install
two mailbox units, repair and repaint stucco wall). Ms. Shockley
is to get the Sheriff’s Incident Report, and Ms. Thomson
is to get all the pertinent driver information to Mr. Churchill.
Ms. Shockley was given approval to order the two mailbox units
right away. Squeak stated that two irrigation pipes were damaged,
and we should make sure the cost to repair those is also included.
Mr. Sweeney stated that Michael T. (wall contractor) is leaving
for the summer, but that Super Dave is available to build the
wall. The Board is interested in walling off the property line.
Mr. Sweeney is to get a bid on the 8” cinder block from
the large oleanders at the street, behind the mailboxes, along
the cable line to the dumpsters. The height would be the same
height as the trash enclosures. Question was raised about whether
or not the wall should be stuccoed, and Mr. Baker stated he would
look into it with the guys who are going to do the stucco on the
house he is currently constructing in the Keys.
Ms. Thomson was asked to give to each Board member a list of all
Vista Del Monumento Acres’ homeowners who have paid to use
our trash dumpsters.
The committee assigned to review Mr. Stroud’s flooding problem
at lot 202 met at the site to check the dip in the road, as well
as the sinkhole. The dip spans about three house lots, and the
committee recommends an overlay from Mr. Stroud’s side of
the street to the center of the street, where the water could
run along a gutter down the centerline of the street (north toward
the first bridge and around the corner) to the bridge drain. Mr.
Chambers stated they ran a string line from lot 202 to lot 199,
and there’s a 2” slope between the four houses. There
was previous talk about paving the dip, with Mr. Stroud reminding
everyone that Buckskin Sanitary District offered to pay for half
the cost. The property at lot 199 sits high, and any puddling
would occur in the middle of the street before the natural flow
takes the water down the street (north) and around the corner.
Mr. Sweeney stated that the pooling of water in the center of
Papago is what caused the sinkhole on that street. Mr. Stroud
stated there should be a drain in the middle of his street. Mr.
Sweeney reported that most city streets are crowned in the center
to drain water away. Mr. Coon stated that Apache is cracking down
the middle of the street, where the sewers are. Running water
down the center of the street will make the streets crack more.
Mr. Stroud suggested that sealing the streets should prevent water
from seeping. Mr. Svider recommended that we not lay any material
on the street until a soils engineer issues a report. Mr. Churchill
advised that the Association is going to have an endless set of
problems with the streets, as we have no gutters, curbs and drainage,
and as more houses are built, the flow of water is redirected.
Also, there’s the problem of only 6’ of soil in some
parts over the water table, that soil consisting of clay, silt
and expansive soil. Therefore, we are going to have continuing
maintenance problems. For that reason, Mr. Churchill is reluctant
to recommend street repairs without a survey, engineering and
soil analysis; what you’ll end up with is merely nice asphalt
over shit. And that will eventually sink.
Ms. Shockley reported that Colorado River Rock & Sand can
deliver ¾” gravel for $156 per load, but we need
someone to spread it. They will only make a pass with the dump
truck. Trailers and cars will need to be moved with two days’
notice. Ms. Shockley stated that Mike Dyer said he would dump
and spread two loads of ¾” gravel for $600. Mr. Sweeney
made a motion that the Association hire Mike Dyer to dump and
spread two loads of ¾” gravel for $600. The motion
was seconded, and the motion carried. Ms. Thomson was asked to
contact Joanne Hugaert to have her remove her equipment and materials
from the south end of the lot where she recently finished a wall
for the adjacent lot owner.
There was discussion about the Prop. 13-type Arizona property
tax control petition circulating for signature. The proposed law
does not include commercial properties, which is why an amended
petition is circulating, to include only residential properties.
Mr. Churchill reported on the status of Mr. Willoughby’s
loss of his property (lot 10). He stated Mr. Willoughby told him
that he went to Buckskin Sanitary District in March 2003 to pay
his delinquent sewer assessments, but they told him he couldn’t
pay it off until he abandoned his septic tank. Six months later
the property was sold for approximately $400. Mr. Willoughby never
received any legal notices, with some notices going to a fake
post office box. One year later someone got a deed to the property,
but Mr. Willoughby never received any notices outlining his redemption
options. When Mr. Willoughby contacted the Treasurer’s Office
to find out why he wasn’t getting his property tax bills,
he found out that someone had called the Treasurer’s Office
to change the mailing address to a post office box. Mr. Churchill
filed a lawsuit, with a lis pendens, on behalf of Mr. Willoughby.
Mr. Churchill states he has no conflict of interest because Mr.
Willoughby doesn’t own the lot. He also stated that Mr.
Willoughby posted his delinquent Association dues with Mr. Churchill’s
Trust Account. Mr. Willoughby also claims to have had some of
his mail stolen in the past.
Mr. Svider inquired of Mr. Churchill as to the status of the lien
notices to the landlords who have not paid their rental security
deposits. Mr. Churchill stated they were in progress and should
be going out soon.
Election of Officers. The following persons were nominated
and elected as the Association’s officers for the new year:
Bill Risen – President
Chuck Baker – Vice President
Chris Chambers – Secretary/Treasurer
Mr. Risen stated he will be gone for the 2007 annual meeting,
and Mr. Baker agreed to chair the next annual meeting.
The new General Manager, Cheryl Shockley, was formally introduced.
Ms. Shockley stated that she also works for Mike Dyer, and she
bartends at various local establishments. In response to inquiry
about materials needed for the GM job duties, Ms. Shockley stated
she has what she needs, including chalk for marking tires in the
Mr. Stroud inquired if the Hummer incident on March 26 at the
entrance was on tape. Mr. Sweeney stated that the Sheriff’s
Office took care of it, alleviating our need to review our tape.
Mr. Churchill stated he would get the police report on the incident.
Ms. Shockley asked for Board clarification of the Association’s
policy on ticket writing and warnings. Mr. Stroud stated that
repeat offenders get no warnings; Mr. Sweeney stated that our
goal is compliance. Citations are to be issued at the GM’s
Squeak reported ongoing problems with the motor home at lot 32,
with electricity and water lines running from it, and slide outs
Squeak also stated that the dumpster doors should be in the open
position during holidays, including Easter weekend, as our gardener
spent a lot of time picking up misplaced trash. It was noted that
our gardener needs to readjust some of the sprinklers. Squeak
will have him take care of it.
Mr. Risen opened discussion on security service for the upcoming
Memorial Day holiday. He spoke with Bruce Poolaw, and R&B
Security will handle security for us, with Julian now in charge,
as Darrell Wilson is no longer with the company. The Board decided
that guards are to be posted beginning noon on Friday, May 26,
departing noon on Monday, May 29.
A request for a County variance for a lot split by the Vista Del
Monumento Acres’ owner (vacant lot), which is adjacent to
the Association’s lot 1, is coming up for hearing soon.
The Board was polled to see who is for or against the lot split.
Mr. Sweeney stated that the owners of lot 1 are sending legal
representation to the hearing, as they are opposed to it. The
lot split would wipe out the 15’ buffer easement, and Mr.
Sweeney opposes the lot split. In addition, two houses on one
lot would adversely affect street parking which is already a problem.
It was reported that the VDMA By-laws are the same as the Keys’
By-laws, and the lot split is possibly illegal. Lot 1 wants their
15’ easement. The Board should oppose the split. The County
lost the file, so there is nothing that shows the existing easement.
Mr. Svider will be attending the hearing. Mr. Baker suggested
that Mr. Sweeney and Ms. Thomson write a letter outlining the
Board’s opposition to the split, and give it to Mr. Svider
to take to the meeting.
Mr. Risen inquired of the Board if they are interested in discontinuing
use of gate clickers and use only gate cards, in the hopes of
reducing unauthorized entry. Mr. St. George stated that using
only gate cards would back up traffic. Mr. Maxwell said he likes
using the clickers. Mr. Sweeney stated that if someone wants in,
they’ll get in. The matter was dropped with no action taken.
Mr. Risen stated that the Traffic Committee consists of one non-Board
member, and the outgoing non-Board member is Al Moroff. A new
non-Board member needs to be installed next month for the upcoming
year, so recommendations for a replacement member are being sought.
Ongoing, and increasing problems with our website vendor have
made it necessary to seek a replacement vendor. Ms. Thomson stated
she has a preliminary bid from TCI to take over the website for
approximately $1,000, and she urged the Board to terminate the
relationship with our current website vendor immediately. Ms.
Thomson stated that it would be necessary to get a release of
our web address from our current vendor, which could be a problem,
as the reason for our discontent is that they have been non-responsive
to all communications over the past month. Mr. Chambers made a
motion that we proceed with the new website vendor if we can obtain
the release of our web address from our current vendor. The motion
was seconded, and the motion carried.
In response to a recent communication between a homeowner and
Mr. Churchill, Mr. Churchill advised that his serving as the Association’s
legal counsel is not a conflict of interest as a result of him
also being a homeowner in the Keys. He also advised that proxy
votes are valid in regard to Association lots (they are not valid
Mr. Baker responded to the landlords present at the meeting, who
oppose the $1,000 security deposit and who voiced their opinions
at the annual meeting, by suggesting that they get together and
come up with a proposal to present the Board with ideas for changes
they want to see happen. Mr. Baker asked Ms. Pollett if she had
another solution to the rental damage problem. He further stated
that years ago we couldn’t get renters to cooperate at all.
Mr. Sweeney informed Ms. Pollett that one of her renters were
recently all over Mr. Price’s property, as well as other
neighbors’ properties. Mr. Coon stated that he watches Mr.
Price’s house when he’s gone, and he has his phone
number, but he doesn’t have Ms. Pollett’s telephone
number to report problems at her residence. Ms. Pollett replied
that she would give Mr. Coon her phone number.
Ms. Pollett indicated that she felt the security deposit issue
was started as a result of the potato launcher incident. Mr. Coon
stated that some of the renters are good, some are bad, but that
we’re here all the time, so we see it all, and you’re
not. Mr. Spangler stated that owners create noise too. Mr. Sweeney
reported that one owner sustained black mold damage in the amount
of $16,000 that the insurance company did not cover due to renters
turning and leaving on patio misters during the homeowners’
extended absence. The ceiling collapsed due to water damage, and
the owners were out of pocket for the repairs. Ms. Pollett indicated
that she is interested in working on solutions with other owners.
She is interested in making it good and being a good neighbor,
as she intends to retire here.
Mr. Chambers who lives across the canal from JT’s on The
Keys stated that he has fewer problems with JT’s guests
than with the neighbor’s rental property, stating that they
often get out of hand, and they destroyed his $500 water gym.
Ms. Pollett stated she would not rent to repeat offenders.
Mr. Churchill reminded everyone of the 2004 members’ meeting
that was legally noticed, for the purpose of discussing security
deposits and fines, with a committee being previously assembled
to determine rules and fines to present for vote to the general
membership. What transpired at the members’ meeting was
the majority of members voting to double or quadruple the Rules
Committee’s recommendations for fines. Mr. Chambers, who
chaired that meeting, confirmed that the $25 fines the committee
recommended were all increased to $50 by the majority of members
present at the meeting. Mr. Churchill informed everyone that the
Association receives more complaints about renters than anything
Mr. Stroud reported that a renter crushed his paddleboat, and
a renter threw a bottle through the legs of his pool table. He
stated that a $500 deposit does not cover his property damage.
Mr. Churchill vigorously stated that there is no discrimination
against the owners who rent. If he decided to rent his property,
he would have no problem posting the $1,000 security deposit.
Ms. Pollett discussed the probability of having Saturday Board
meetings. Mr. Churchill replied that the By-laws would have to
be changed, as they call for Board meetings to be held on the
first Monday of each month. Mr. Stroud stated, we’re the
Board, and we don’t want Saturday meetings. Mr. Sweeney
stated that the Board talked about trying it. Mr. Chambers stated
that former board members who were weekenders used to hold over
until Monday night to attend meetings. Mr. Churchill referred
to Article III, Section 7b regarding establishment of Board meetings
Ms. Pollett stated there are many new owners in the Keys, and
they just want the opportunity to participate. Also, more communication
is needed. She said that only 25% of the owners are full- time
residents. Mr. Baker stated that number has increased to 35% full-time
residents. Ms. Pollett said she is dropping the idea of Saturday
meetings, but would like to see better communications, and she
would like the General Manager available for contact. She also
suggested semi-annual member meetings. Mr. Baker stated that they
used to have to beg people to go on the Board.
The meeting adjourned to Executive Session at 7:50 p.m. and reconvened
at 8:05 p.m.
Mr. Svider inquired whether the proposed building height issue
will be presented again to the members for another vote. Mr. Risen
stated that a larger house with more people would create sewer
problems on weekends, as the sewer system is already running on
maximum. Mr. Svider stated he recently brought up this matter
with the sewer board, and they told him the sewer system is running
at 93% capacity during peak use and that adding a second story
to a house would not increase use of the sewer system. Mr. Risen
suggested that we send a letter with the next dues’ statements
seeking homeowners’ feelings on a proposed height increase.
Ms. Thomson was informed that the Board
approved an increase in her monthly service contract to $1,600.
Ms. Thomson thanked the Board for the increase.
The meeting adjourned at 8:10 p.m.
Submitted by Recording Secretary, Sue Thomson
APPROVED BY BOARD OF DIRECTORS JUNE 5, 2006