Board of Directors
JUNE 5, 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: Joe Price, Jack Sweeney, Gary Svider, William (Squeak)
Kossnar, Bob Stroud, Joe Maxwell, Larry St. George and Richard
Guests: Dan Hernon (NPG Cable), Rick Buckelew (lot 141), Rob Troxler
(lot 160), Barbara Risen (lot 184), Sheryle Jaschke (lot 171)
General Manager: Cheryl Shockley
Bookkeeper/Recording Secretary: Sue Thomson
Legal Counsel: John C. Churchill (6:10 p.m.)
CALL TO PUBLIC
Mr. Troxler said he was here to observe. Mr. Buckelew is here
regarding NPG Cable issues, specifically NPG’s requirement
of a $1,220 repair fee to fix his cable line. Mr. Hernon stated
there was damage done to the cable when the sewers were installed.
There is another customer on Yaqui Loop that is facing the same
repair cost if he wants service. NPG Cable is willing to work
with the Association in seeking a solution, but because contractors
hooking up lateral sewer lines to homes damaged lateral cable
lines, NPG is not responsible for the cost of the repairs.
Mr. Sweeney stated that Mr. Buckelew’s problem originates
from a break in the cable under his neighbor’s (to the north)
concrete driveway, where the cable signal is lost, according to
the trace that was done. Mr. Hernon stated that a “signal
leak” could be 5-10’ in either direction of the break
and that a more defined trace is needed to pinpoint the exact
location. He stated the problem arose when the cable was nicked,
then covered up with dirt, and eventually the dirt ate away at
the cable. NPG does not charge the owner with repair costs if
they are called out before the nicked cable is covered with dirt.
He also stated that NPG recently spent about $3,000 in repairs
to their main cable line within the Keys.
Mr. Baker asked Mr. Hernon how many more problems like Mr. Buckelew’s
there are in the Keys, and Mr. Hernon replied there are several,
and they are finding them as they occur. Nicks in the conduit,
which allow dirt to enter, eventually deteriorate the cable. Mr.
Svider reported that Keys II had a similar problem with the main
cable line, and 140’ of line under the street was bored
and repaired. Mr. Hernon reported that in Mr. Buckelew’s
situation, the damage is in the “drop”, not the main
line, and again that the damaged line was covered with dirt and
eventually deteriorated. Mr. Hernon reported there have been 14
locations in the Keys already repaired (6 drops, and 8 on the
main line). He stated that the cable lines follow the same orderly
path as the other utility lines, so they pretty much stay together.
Mr. Hernon is open for suggestions, but it is a little unreasonable
for NPG to absorb these $1,200-$1,300 repairs for each drop, but
he will be flexible. Mr. Baker stated that the Association does
not have the funds for these repairs. Mr. Sweeney again stated
that in the trace he saw, Mr. Buckelew’s problem is in his
neighbor’s driveway, and the signal was lost at the new
concrete where the septic tank was abandoned, 3’ off the
garage door on the neighbor’s property. Mr. Baker stated
that the cause of the incident needs to be determined. Mr. Hernon
stated that blue stake is a law, and the homeowner must hand dig
in areas where there are utility lines. Mr. Chambers stated there
are lots of abandoned utility lines in the Keys, and Mr. Stroud
stated that some of the blue stakes are off the mark.
Mr. Sweeney stated that licensed contractors did 95% of the lateral
sewer lines; he can think of only one or two who did the work
themselves. Mr. Chambers stated that Earthscape did Mr. Buckelew’s
neighbor’s house. Mr. Risen asked if NPG could tie into
Mr. Buckelew’s neighbor’s house to the south, and
Mr. Hernon replied that he would be afraid that two houses might
be out of commission if that neighbor accidentally cut the line.
Mr. Risen stated that Mr. Moroff is the other customer on Yaqui
who has no cable service, and Mr. Moroff doesn’t want to
pay the $1,220 to fix it. Mr. Sweeney asked Mr. Hernon if there
is an easement on Mr. Buckelew’s property, and Mr. Hernon
stated the easements are usually in the front 10’. Mr. Sweeney
reported that Mr. Buckelew’s tenant was with him at the
time the NPG technician was doing the trace. Mr. Baker suggested
that NPG trace Mr. Moroff’s problem, and further trace Mr.
Buckelew’s problem. Mr. Hernon said NPG would send someone
out in the next day or two.
A motion was made to approve the Executive Session Minutes of
May 1, 2006. The motion was seconded, and the motion carried.
A motion was made to approve the Minutes of the regular meeting
of May 1, 2006. Mr. Stroud stated a correction was needed on the
first sentence on page 7, to read as follows: “Mr. Stroud
reported that a renter crushed his paddleboat, and a renter threw
a bottle through the legs of his pool table.” Ms. Thomson
will make the change. The motion was seconded and the motion carried.
A motion was made to approve the May Profit & Loss Statement.
The motion was seconded, and the motion carried.
A motion was made to approve the May Balance Sheet. The motion
was seconded, and the motion carried.
A motion was made to approve the May Prepaid Bills and Bills for
Approval. The motion was seconded, and the motion carried.
GENERAL MANAGER’S REPORT
Ms. Shockley reported three streetlights are out, and APS has
been contacted twice to replace the lights. APS was also contacted
about the cost to repair or replace the light pole at the south
end of the parking lot, and they want $1,200. She also stated
that J&S Electric can install a pole that Mike Dyer has for
$700, but she doesn’t know what Mike Dyer would charge for
the pole. Both APS and J&S said that the damaged pole is not
in danger of falling.
Mr. Sweeney made a motion that the Association pay APS $1,200
to replace the damaged light pole at the south end of the parking
lot. Mr. Baker seconded the motion, and the motion carried.
Ms. Shockley reported that the Memorial Day weekend was quiet,
with no citations being issued, but she did ask a couple of people
to move their vehicles. One trailer was towed from the parking
lot. She also reported a trailer parked on lot 199 with no sticker.
It was parked between the owner’s wall and the white line,
on the Navajo Lane side of the property. There was discussion
about whether or not the trailer was on the owner’s property
or Association property, since the white line comes off the bridge
there. Lot 199’s entry is on Navajo, and Mr. Churchill stated
that the white line is not the property line. Ms. Shockley reported
a similar situation at the end of Moovalya Drive by the ramp,
where the white line stops at the last house. Mr. Chambers stated
that until we walk it and post it, we can’t do much. Mr.
Sweeney stated the same situation occurs at the end of Hopi Drive.
Mr. Baker stated that if someone’s property is on Association
property, it can be towed after three days.
Mr. St. George reported a travel trailer plugged in to utilities
next to lot 19.
Ms. Shockley said she ordered only one replacement mailbox unit,
as these units are a special order requiring a 4-6 week process
period, and she wants to make sure it is the right fit before
ordering the second unit. She obtained the police report on the
Ms. Thomson gave an update on those delinquent owners who have
paid their dues/fines/security deposits, and those who have not
paid them, prior to Mr. Churchill filing liens on those properties.
Mr. Churchill stated that once liens are filed, foreclosure proceedings
must be filed within six months. If any of these matters need
to be litigated, there will be significant attorney’s fees.
Mr. Sweeney recommended that we do something to enforce collection
of these matters, and that we need to be consistent. Mr. Churchill
will file the liens on the delinquent owners and send the owners
his final letter, which includes a copy of the recorded lien,
along with advice that foreclosure proceedings will commence in
six months if the liens are not satisfied.
Ms. Thomson stated that the new website is up, everything is posted,
and the e-mail links are all working properly.
Lot 32 paid its RV white-line citation issued on 5/4/06 with a
note stating, “Sorry, but this is a little petty.”
On the soils engineering suggestion brought up at last month’s
meeting, Mr. Baker stated that he spoke with Mike Dyer, who thinks
that we shouldn’t do anything, as we’d just be spending
an enormous amount of money on core samples and testing, and we’d
be merely throwing good money after bad. These sinkholes are going
to continue, and we should just plan on repairing them as they
occur. Mr. Sweeney stated that we already know the soil is junk,
and Mr. Baker stated we just need to deal with the problems. Mr.
Sweeney stated that of the unrepaired areas, Hopi Drive was the
first street to sink, followed by Apache Loop. There are probably
a couple of new sinkholes since them. Mr. Baker stated there was
very little compaction done on the streets during the sewer installation.
Mr. Sweeney reported that Stanton pumped concrete under the surface
when he did the last sinkhole repair. Mr. Churchill stated there
was no engineering done on the streets and the houses, and during
a prior dredging attempt on Yaqui Loop and Hopi Drive, houses
started to sink.
Mr. Sweeney said we can’t go deep enough to fix them, as
we’d run into mud. He said there’s not enough money
in the next ten years to repair all the holes, and if we’re
going to do these repairs, we need to do them right.
Concerning the repairs and improvements at the entrance area,
Mr. Sweeney obtained the bid for the block wall ($11,869). There
was a discussion about where to end the wall, if not at the mailboxes.
The general consensus was that the wall run from the dumpsters,
where the cable is, to the back of the large oleanders, which
means the bid will be increased according to the extra lineage.
Mr. Churchill stated the letter to the driver who did the damage
is almost ready to go out.
Mr. Svider inquired whether we should rebuild the backboard at
the dumpsters now or later. Mr. Risen stated that the last wall
behind the bins was plywood. Mr. Risen inquired if we should also
include the back of the trash area as part of the new wall. Mr.
Sweeney suggested that Outwest Fabrication build a metal backing,
and he can get a bid for that. The large oleanders will be cut
way back. Mr. Churchill advised that we mark the property lines
before starting; that this area has been surveyed, but it has
not been staked.
Mr. Chambers made a motion that Lemme Engineering be engaged to
stake the property lines for the purposes of constructing a new
wall at the entrance area. Mr. Price seconded the motion, and
the motion carried.
Mr. Kossnar made a motion that the Association construct a block
wall at the entrance area from the large oleanders to the dumpsters,
after the surveyor has staked the property, at a cost not to exceed
$17,000. Mr. St. George seconded the motion. The motion carried,
with Mr. Baker, Mr. Price and Mr. Svider abstaining. Ms. Shockley
will contact Lemme Engineering.
Mr. Price reported that the 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 again
on the calendar for the 8th. The owner is proposing a V-shaped
parking configuration where a piece of the street would be abandoned
to us, which also reduces the size of each of the proposed new
lots. By alleviating the street parking issue, the owner hopes
this new proposal will pass.
Mr. Risen asked the Board how it wants to proceed on a study to
increase the building height maximum, since the general consensus
of the homeowners is to further study the matter. Mr. Sweeney
stated we should put the question to all the homeowners, and if
2/3's are interested, we should proceed with a study. Mr. Chambers
said we could save a step by putting it to the members as a proposal.
Mr. St. George stated that he believed the matter was voted down
at the annual meeting in large part due to the setback issue;
that 24’ is in compliance with the County’s regulation.
Mr. Baker stated that we need to look at all issues relative to
a building height increase, including sewer and light issues.
Mr. Baker suggested a text box on the due’s statements be
created to solicit homeowners’ opinions on the matter. Concerning
setbacks, the County says setbacks are grandfathered. Mr. Sweeney
stated that our prior, proposed amendment was worded differently.
He also stated we should look at a whole new set of rules for
a 24’ house.
Mr. Price made a motion to ask the homeowners their opinion on
whether or not the Association should commence a study about increasing
the maximum building height to 24’ by soliciting their ‘yes’
or ‘no’ opinion on the remittance stub of the 3rd
quarter dues’ statements. The motion was seconded, and the
motion carried unanimously.
Mr. Svider pointed out that Mr. Troxler works at the sanitation
plant. Mr. Risen suggested that if the study proceeds, the Board
would ask Mr. Troxler to be on the committee. Mr. Risen stated
he would want some non-Board committee members.
Mr. Churchill reported that he received a response to our proposed
drainage maintenance agreement from Steve Green (lot 112). Mr.
Green wants the Association, not himself, to maintain the drain
on his property (to which we want to link for the purpose of draining
street water). The Association is not interested in Mr. Green’s
counterproposal, due to the fact that Mr. Green has other lines
on his property, from his garage, that drain into the new main
drain that runs front to back. Mr. Chambers reported that this
would generate clean water only, as the drains are all under concrete.
Mr. Sweeney stated that we should put the proposed street drain
in to keep the street from cracking, which means tying it in to
the new drain on Mr. Green’s property (for which the Association
paid for the materials).
Mr. Price made a motion that the Association not agree to maintain
the recently installed lot 112 drain that runs front to back,
and that Mr. Churchill be instructed to write Mr. Green with its
decision not to maintain said drain. Mr. Sweeney seconded the
motion. The motion was carried, with Mr. Svider voting against
the motion, and Mr. Stroud abstaining.
Mr. Stroud’s flooding problem (lot 202) was discussed, with
a question as to what’s next, now that a soils engineer
will not be engaged. Mr. Chambers suggests the asphalt contractors
be contacted, although they are not normally in the area during
the summer months.
Mr. Chambers made a motion that the Association contact T&C
Seal Coating to bid on an overlay of the Hopi Drive sinkhole.
Mr. Svider seconded the motion. The motion carried on a vote of
5 to 4. Ms. Shockley is to contact T&C. Mr. Baker suggested
that the T&C representative meet with Mr. Stroud, Mr. Chambers
and Mr. Svider (committee members) on the proposed job.
Mr. Svider reported a new sinkhole on Apache Loop, about 15”,
next to one of the manhole covers.
NPG Cable is to repair the patch at the first bridge.
Mr. Svider brought up the lot 32 motorhome that continues to have
utilities plugged in. He suggests photos be submitted to Mr. Churchill
showing the plug-ins.
Ms. Thomson reported Jamie Klugman, new owner of lot 225, is angry
that he was not previously notified to remove the dilapidated
dock, which he could have done when he had other work done. Ms.
Thomson reported she explained to him that the complaints about
the property started prior to his purchase of it, a letter was
sent to the then property owner, and we had no knowledge when,
or if, the property would sell until it actually occurred. He
and his wife are having plans drawn for new construction, and
they will be cleaning the entire lot, including the dock, the
weeds and the palm tree. He was given time to move the dock, and
Mr. Klugman stated he was currently making arrangements to have
the property weeded.
Regarding the weeds on lot 228, to which there has been no response
from the homeowner to our letter, Ms. Thomson stated she would
have Mike Roberts weed that lot, and the Association will bill
Mr. Risen announced that the new members of the Traffic Committee
for the next fiscal year will be Squeak, Gary Svider and Rob Troxler.
Mr. Chambers requested that the newly placed gravel in the parking
lot be spread around to cover the bare spots at the south end,
next to lot 249. Ms. Shockley will ask Mike Dyer to make another
pass to fill in those bare spots.
No new business.
The meeting adjourned at 8:05 p.m.
Submitted by Recording Secretary, Sue Thomson
APPROVED BY BOARD OF DIRECTORS JULY 10, 2006