Board of Directors
SEPTEMBER 11, 2006
CALL TO ORDER
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.
CALL TO PUBLIC
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
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
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.
GENERAL MANAGER’S REPORT
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
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
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
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
APPROVED BY BOARD OF DIRECTORS OCTOBER