Board of Directors
Regular Meeting
SEPTEMBER 11, 2006

President Bill Risen called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:05 p.m.

President: Bill Risen
Vice President: Chuck Baker
Secretary/Treasurer: Chris Chambers
Board Members: Joe Price, Jack Sweeney, Gary Svider, Larry St. George, Richard Jaschke, William (Squeak) Kossnar, Joe Maxwell

Board Member: Bob Stroud

Guests: Rob Troxler (lot 160), Blane Coon (lot 54), Barbara Risen (lot 184) and Sheryle Jaschke (lot 171)
General Manager: Cheryl Shockley
Bookkeeper/Recording Secretary: Sue Thomson
Legal Counsel: John C. Churchill

A moment of silence was observed on this 5th anniversary of 9/11.

Mr. Troxler reported that construction people working at the rental unit (lot 161) next to his house the week before the Labor Day holiday filled up Mr. Troxler’s personal trash cans with construction debris, including folding doors, which he had to haul off. This is the third time in the last six to eight months lot 161 has done this to him. Mr. Troxler stated the next time this happens, he will be inclined to return the trash to his neighbor’s front porch. Mr. Risen reminded everyone that any problems with renters should be passed on to Mr. Churchill.

Mr. Price moved to approve the August Profit & Loss Statement. The motion was seconded, and the motion carried.

Mr. Baker moved to approve the August Balance Sheet. The motion was seconded, and the motion carried.

Mr. Price moved to approve the Minutes of the regular meeting of August 7, 2006. The motion was seconded, and the motion carried.

Mr. Sweeney moved to approve the prepaid bills and Bills for Approval. The motion was seconded, and the motion carried.

Ms. Thomson reported that she has now collected 70 ‘yes’ votes and 94 ‘no’ votes on the height-increase study survey. Mr. Baker made a motion to drop the issue on 9/15/06, provided no more votes come in that would change the current outcome. Mr. Sweeney seconded the motion. There being no further discussion, the motion carried, with Mr. Chambers and Mr. Maxwell opposing.

Mr. Keller, lot 39, made another counteroffer of $2,500 to our last offer of $3,000 to settle the property damage claim. Ms. Shockley stated that Mr. Keller should pay for the damages that were originally bid by Mike Dyer, as the only other licensed contractor in town who can do the work is Steve Stanton, and his bid would be much higher than the Mike Dyer’s bid. Concrete work is expensive, and we should not be negotiating the matter. Mr. Keller should either pay the cost as originally proposed, or report the matter to his insurance company. Mr. Churchill stated this is a tort matter for which the prevailing party would be entitled to attorney’s fees and costs. Further, Mr. Churchill stated that Mr. Keller’s counteroffer essentially revokes our last offer. Mr. Baker made a motion to revoke our prior offer of $3,000 and collect from Mr. Keller the entire repair proposal amount of $4,691 originally submitted by Mike Dyer, or Mr. Keller can get bids by his own licensed contractors within 30 days. Mr. Sweeney seconded the motion. There was discussion about the Association reporting the incident directly to Mr. Keller’s insurance company, since we have a police report on the incident. There being no further discussion, the motion carried unanimously.

Ms. Thomson reported on the highlights of R&B Security’s written report for the Labor Day holiday. She also stated she had a discussion with Ms. Shockley over the holiday wherein Ms. Shockley reported she was dissatisfied with some of R&B Security’s personnel. She reported a Vista del Monumento owner, who was parked over the line, told her that security said it was okay to be slightly over the line. Ms. Shockley told the woman that was not correct information. Ms. Shockley also noted numerous cars over the line, and she personally had the owners move them, since security wasn’t doing anything about them. She also received a complaint from a VDMA owner about others parking on their side of the street, and how should she reply to this. Mr. Sweeney stated that VDMA owners have ingress and egress rights only. The Keys owns and maintains the streets. Property owners do not own half the streets. Mr. Risen stated that if someone is parking on someone else’s property, not on Association property, the owner (the victim) must call for a tow truck.

Mr. Risen stated that R&B Security has been sold, and we will not be needing security services until next spring, so we have time to see how the new company is going to be operated. Ms. Shockley offered to run the holiday security service next year, if the Board would like to entertain that option.

Ms. Thomson reported she spoke with Rusty at Allied Waste regarding a possible dumpster area solution. Rusty discouraged the use of rolloffs in lieu of the 3-yd. containers. He would like to see new 6-yd. bins replace the 3-yd. bins, since it would involve manpower of only one, and reduce the risk for injury. The down side would be that the truck would have to face head in to the containers, thus blocking traffic, and the dumpster gates would have to be removed, because the new containers would have lids, meaning users would have to lift the lids before dumping. The consensus of the Board was that this option is not at all feasible.

Ms. Thomson reported that Lemme Engineering was supposed to be in Parker on 8/28 & 29 to finish the survey project. Mr. Sweeney reported that the markers have not been set. Ms. Thomson will follow up with Mr. Lemme.

Ms. Thomson reported that the owners of lot 212, a designated short-term rental property, have not paid their rental security deposit. The owners are not a part of the lawsuit, and the property lien has been prepared but not filed as yet. Ms. Thomson reviewed the prior correspondence sent to the owners by Mr. Churchill’s office. Mr. Churchill stated that if a court of law determines that the Association cannot legally collect rental security deposits, the Association would then refund the deposits to the owners. For this reason, it is not necessary to await an outcome of the lawsuit in order to proceed with the collection of security deposits from other parties. Mr. Baker made a motion to file the lien on lot 212 for non-payment of the $1,000 rental security deposit. Mr. Sweeney seconded the motion, and the motion carried unanimously.

Two second offense, white line citations were issued to lots 113 and 131. Both are rental properties.

Mr. Baker asked about the three warnings for parking violations on Tricia Pollett’s property (lot 43), and Ms. Shockley confirmed three vehicles, owned by short-term tenants, being over the line, all of which were moved without further incident. Mr. Svider asked Ms. Shockley if she is still giving warnings in the common lot. Ms. Shockley stated the only circumstance for which she issues a warning is in the method of display of visitor passes and ID stickers. Otherwise, she has the vehicle/trailer towed.

Ms. Shockley reported that Doug at APS told her that if the new light pole at the south end of the parking lot goes down again, they will not replace it. Ms. Thomson stated that we have not yet been billed the $1,200 for the pole, and perhaps Doug made that comment because he assumed the pole was installed at their expense? Ms. Shockley reported that Mike Dyer installed the large boulder in front of the pole, which should protect it.

Ms. Shockley recently had difficulty locating an owner of a vehicle that was blocking trailers, and the property owner shown on the visitor pass told her the vehicle was not his. He told her that RGR had booked renters in his house by mistake, so the renters were relocated, but a new visitor pass was not issued. Ms. Shockley said she went to RGR to find out where the renters were relocated so she could contact them to move their vehicle. Ms. Shockley stated she received the runaround by RGR staff and was treated rudely by Mr. Haney while attempting to resolve the problem. She called for a tow truck, and when she returned to the lot, the vehicle had been moved and a new visitor pass put on it. Mr. Baker made a motion that a letter be sent to RGR asking that they cooperate with the Association in its attempts to resolve any parking issues involving tenants they book into Keys’ rental properties. Mr. Sweeney seconded the motion, and the motion carried unanimously.

Mr. Chambers reported that Verizon used a cold patch on the repair work recently done on Yaqui Loop. Mr. Baker reported that a machine-tamped hot mix was used in front of his house. Mr. Risen reported a hole at the end of Apache Loop, and it was to be scoped by Doug. Mr. Sweeney stated that we have to fix these problems, including the ones on both sides of the bridge, the ones on Apache and Yaqui, and the one in front of lot 61. Also to be fixed is the sinking on Hopi. Ms. Shockley stated that NPG is not responding to her request that they patch the bridge as a result of their work there. They claim to know nothing about it. Mr. Risen suggested that we do the patch then file a Small Claims action. Mr. Sweeney stated he will be gone the rest of this week, but he can get Steve Stanton to bid on these needed repairs. Mr. Price inquired if we should proceed with getting NPG to do their patch. Ms. Thomson asked if taking photos to NPG would help, and Mr. Kossnar stated he would take some photos and talk to NPG. Mr. Risen asked Ms. Thomson to send letters this month to the parties responsible for their respective street repairs. Action is to be taken next month if we receive no responses.

Mr. Risen discussed Mr. Stroud’s complaint about the gardener’s pay increase during the summer months, to compensate him for extra trash pick up services. Mr. Kossnar volunteered to clean up oil spills at the dumpsters by using cat litter or biodegradable absorbent matter.

Mr. Jaschke reported that lots 227 and 228 on Riverside Drive need weed letters for overgrown vegetation on the canal side of the lots. Mr. St. George asked Ms. Thomson to follow up with Mike Roberts about his agreement with the absent owners of lot 25 to do periodic weeding, which needs to be done again. Mr. Risen stated that the vacant lot just down from his house on Yaqui (lot 180) also needs a weed letter.

Parker Tree Service did its annual palm tree trimming.

Ms. Thomson is to contact the new owners of lot 112, when escrow closes, to work on getting their signatures on the easement agreement so that the street drain can be installed on Papago Loop.

Mr. Risen again reminded everyone that those persons who have information pertinent to the present lawsuit should convey their comments to John Churchill, in private, in order to assert the attorney-client privilege.

Ms. Shockley volunteered to install address plates for owners who ordered plates. Interested homeowners can contact her to schedule an appointment.

The RV at lot 32 is now gone, although Mr. St. George states that their dog is still around. Mr. Sweeney suggested that animal control be contacted if no one is around to take care of the dog.

Mr. Risen reported that the vehicle previously parking on Navajo, outside the gate, is no longer parking there.

Mr. Svider reported that he researched Roberts’ Rules as they relate to executive sessions, and he asked if they are considered private. Mr. Risen stated that they are private. In addition, Mr. Risen said that the Board cannot vote on matters brought up in Executive Session.

Ms. Shockley suggested that the height of the oleanders located at the parking lot be reduced to improve visibility when exiting the lot at the south end. It was reported that a major trim of those oleanders will occur soon. Mr. Svider inquired about the possibility of putting in pipes in the parking lot to make designated parking lanes. Mr. Risen stated we’ve never taken on that issue before. We can’t mark lanes because of the gravel surface. Mr. Baker stated that the Association’s position about the parking lot has always been it’s a free for all. Designated lanes would be difficult to determine because of the different sizes of cars, trucks, trailers and boats that use the lot. Ms. Shockley said she has received only one call about someone blocking someone else. Mr. Kossnar cited liability issues with designated parking. Mr. Baker suggested posting “Park At Your Own Risk” signs at the lot. Mr. Churchill stated that wouldn’t mean we’re off the hook.

Mr. Sweeney presented residential construction plans for lot 225. The plans designate the proper setbacks, with a maximum building height of 17’10”. Mr. Sweeney made a motion that the Association approve the building plans submitted by Summit Homes on behalf of the owners of lot 225. Mr. Price seconded the motion. (The plans were given to Mr. Churchill for his review prior to voting on Mr. Sweeney’s motion.)

Mr. Price inquired whether or not the Board should require installation of proper drainage on the remaining vacant lots in the Keys prior to its approval of building plans on those lots. Mr. Sweeney suggested we mandate this as part of the rules. Mr. Risen stated we would need to specify our requirements. Mr. Sweeney stated that owners are not allowed to catch and drain anything to the river. Mr. Price stated that as long as it drains above the level line, the Army Corps. doesn’t care. Natural draining of one’s own water into the canal is not a problem. Mr. Price made a motion that the Association require any new homes on remaining vacant lots to install proper drainage. The motion was not seconded, and the motion died.

Mr. Risen reported that he was approached by a homeowner inquiring if the Association can abolish renters. Ms. Shockley reported that a VDMA owner also asked her the same thing. In that regard, Mr. Svider asked if a special or general membership meeting could be called to amend the CC&R’s, and Mr. Churchill stated we could call a meeting as permitted by the CC&R’s, to amend the CC&R’s.

Mr. Churchill having completed his review of the construction plans for lot 225, and there being no further discussion on Mr. Sweeney’s motion to approve the lot 225 plans, the motion carried.

Mr. Churchill further stated that it is not uncommon for CC&R’s to contain rental restrictions.


The meeting adjourned at 7:08 p.m.

Submitted by Recording Secretary, Sue Thomson