Board of Directors
DECEMBER 4, 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
Board Members: Joe Price, Joe Maxwell, Bob Stroud, Jack Sweeney,
Gary Svider, William (Squeak) Kossnar, Larry St. George
Secretary/Treasurer: Chris Chambers
Board Members: Richard Jaschke
Guests: Barbara Risen (lot 184)
General Manager: Cheryl Shockley
Bookkeeper/Recording Secretary: Sue Thomson
Legal Counsel: John C. Churchill (6:05 p.m.)
Mr. Sweeney moved to approve the Minutes of the regular meeting
of November 6, 2006. The motion was seconded, and the motion carried.
Mr. Sweeney moved to approve the Minutes of
the executive session of November 6, 2006. The motion was seconded,
and the motion carried.
Mr. Baker moved to approve the prepaid bills and Bills for Approval,
including an additional $50 to be paid to R & B Lawn Maintenance
for excessive holiday trash pick up and the Davis Building Supply
invoice for $103 for five sprinkler heads. The motion was seconded,
and the motion carried.
Mr. Baker moved to approve the November Balance
Sheet. The motion was seconded, and the motion carried. Ms. Thomson
was asked to transfer $2,033.66 from the Kenko bank account to
the general bank account to cover the Mike’s Contracting
invoice for the sinkhole repair on Apache Loop.
Mr. Baker moved to approve the November Profit & Loss Statement.
The motion was seconded, and the motion carried.
Ms. Thomson reported that the lot 112 owners are not willing to
sign the proposed Easement Agreement without the Association being
responsible for maintaining the drain line. Because the line drains
household water from the residence on lot 112, Mr. Sweeney made
a motion that the Association drop the proposed Easement Agreement
with the owners of lot 112 and that the street grate which the
Association paid for be picked up from the owners’ garage.
The motion was seconded, and the motion carried unanimously. Ms.
Shockley is to contact the owners to arrange pick up of the grate.
Mr. Churchill reviewed the history of this proposed easement,
and Ms. Thomson read the owner’s e-mail response she received
today, and she will forward the e-mail response to Mr. Churchill.
The Anslyn, et al. (plaintiffs) 26.1 disclosure
statement in the pending lawsuit has not yet been filed. It was
due in August. Mr. Churchill reported that opposing counsel approached
him regarding the possible invalidity of proxy votes pursuant
to a change in the law in 2005. The issue relates to a possible
oversight in the statute as it relates to definitions of “units”
vs. “lots”. There are no definitions in planned developments,
and as the statute is written, the definition of “units”
relates to condominium sections of the law, but this was not intended
to be exclusive. Mr. Churchill advised that the membership can
still vote by proxy. Also, owners can vote by absentee ballot.
Mr. Baker stated that we need to research these matters before
the next annual meeting. If we interpret the statute as applying
to us, then we just change our procedure. A “unit”
is a “unit”; we have no “units”.
Ms. Thomson stated there has been no update
from our insurance carrier on the status of the Keller subrogation
Ms. Thomson has set up the bank accounts to
be accessible via the Internet if any of the Board members are
interested in viewing the accounts.
The engineered bridge plans were given to
Ms. Shockley for delivery to Stanton Construction.
Ms. Shockley reported that the water is not being lowered 10’
in January, due to CRIT needs downriver. Mr. Risen reported that
paperwork is going to the Army Corps. of Engineers. Ms. Shockley
stated that whatever the Tribes want for their hydroelectric needs,
they get it. Mr. Risen stated that the lake bottom belongs to
the Tribes, and the river bottom belongs to the Feds. Ms. Shockley
said that Stanton couldn’t do the prescribed bridgework
in five days, as he doesn’t have that kind of manpower.
Mr. Price recommended getting a bid anyway just to see what the
cost would be. Mr. Stroud suggested using bladders to keep the
Ms. Thomson presented various quotes for increased
bridge coverage. Mr. Sweeney believes that $5,000 per bridge is
adequate coverage, considering the multitude of insurance exclusions.
Citations were issued to lots 125 and 68 for
first white-line offenses. Another letter was sent to lot 70 for
GENERAL MANAGER’S REPORT
Concerning the numerous warnings given to operators of speeding
Rhinos over the Thanksgiving holiday, Mr. Risen asked Ms. Shockley
if the speeding Rhinos were street legal. Ms. Shockley stated
that she did not know. Mr. Risen stated that if they possess a
license plate, they are legal to drive in the Keys, and if not,
then they are not permitted on Association streets. Squeak stated
that he has some brochures from the Sheriff’s Office for
distribution concerning non-registered offroad (and Rhino-type)
Squeak reported that the owners of lot 125
are not cleaning up after their dog who frequently dumps on lot
Mr. Svider brought up again, as previously mentioned at last month’s
meeting, the possible need to revise the Association’s CC&R’s,
and also the apparent need to review voting procedures. Mr. Churchill
stated, again, that the CC&R’s don’t expire. Squeak
talked about the possibility of reviewing provisions relating
to rentals, and Mr. Churchill stated that limitations could be
Mr. Churchill advised that any proposed amendments
to the CC&R’s have to first be approved by a majority
of the Board of Directors, then if the Board wants to present
it to the owners at an annual meeting, passage can only be obtained
by a 2/3rds vote of owners present at the meeting, which meeting
must be properly noticed. Absentee ballots, if utilized, could
conceivably count towards the required 2/3rds vote. He stated
that the Board must approve any issues ahead of time. Mr. Risen
suggested that the January board meeting be dedicated to a review
of the CC&R’s.
Mr. Churchill reported that in one of the
discovery responses in the current lawsuit plaintiff Pollett,
lot 43, has a rental brochure that states the maximum occupancy
of the house is 14 people, which probably violates the “single-family”
Mr. Svider asked Mr. Churchill if he previously
said that we could make a rule concerning rentals, and Mr. Churchill
replied that he would prefer to make it a CC&R's amendment,
rather than a rule. Mr. Baker discussed a couple of rental limitations
that could be presented, such as no short-term rentals. Mr. Sweeney
stated that the Association has trouble enforcing even the single-family
definition in the CC&R’s, and he doesn’t agree
that we should pursue that avenue. Squeak concurred with Mr. Sweeney.
Mr. Risen concluded by stating that the January meeting will be
devoted to discussing the CC&R’s.
Mr. Risen reported that the columns on the
trash enclosures were repaired. The color coating on the new wall
is yet to be done. Stanton is to remove the broken concrete soon.
He also recommended that the USPS large parcel unit be put on
the block wall. It was also noted that the boulders now look fine
as they are. Mr. Stroud suggested that the large rocks be moved
behind the dumpsters to keep kids out of the pathway in that area.
Mr. Sweeney reported that the County’s
easement enforcer was called out to the site of the new wall by
the new, adjacent property owner, who is not happy about the wall.
He asked the County to make us tear down the wall because it blocks
his access. Although their legal access is via Riverside Drive,
the owner states that the Keys is fencing them out. The neighbor
also spoke to the installer of the wall, but no one has talked
to us. Mr. Sweeney stated that the code enforcer would need to
review legal documents before approaching us. It was noted that
the mail lady complained about not having enough room to deposit
mail on the last mailbox unit, so the new wall was notched to
allow better access to the rear side of that unit.
Mr. Svider asked what was the cause of the
Apache Loop sinkhole, and Mr. Sweeney replied that it was due
to lack of compaction when the manhole was installed. He went
over the problems with Jasper when the digging occurred. There
was virtually no compaction done on this site. Mr. Sweeney stated
that the other sinkholes that have been repaired recently were
due to installation of sewer laterals, utility line problems and
broken water lines. On the Apache repair, we went 6-8’ on
each side of the manhole to repair the problem.
The sewer-related problems of sinkholes and
improper street grading on Association streets, including the
flooding problem on Hopi, are going to be a continuing problem,
and avoiding liability on our part is something the Board needs
to address. Mr. Risen asked if we should put Buckskin Sanitary
District on notice, and Mr. Churchill stated that we should send
them a bill for the Apache Loop repair. Mr. Sweeney asked that
we get a letter from Mike Dyer regarding his conclusion that the
sinkhole was due to lack of compaction when the manhole was installed
by Buckskin Sanitary District and that we get the letter to Mr.
Churchill so he can address the matter with Buckskin Sanitary
Mr. Risen suggested that the Board also discuss
street paving plans at next month’s meeting. Mr. Baker asked
Ms. Thomson to research the timeline for street resurfacing prior
to next month’s meeting. Mr. Sweeney asked if we were due
for a slurry. Mr. Svider reported that an oil-based coating worked
better in Keys II. Sinkholes could be done first and in conjunction
with a slurry seal. Mr. Sweeney stated that we need to walk the
streets again to inspect them.
Mr. Sweeney stated that NPG Cable has still
not fixed their work at the bridge. Ms. Shockley said NPG keeps
putting us off. She stated that Verizon has been behind schedule,
but they will get to the permanent patch on Yaqui Loop soon. Mr.
Sweeney asked Ms. Shockley to ask Stanton to give us an independent
bid on completing the NPG Cable repair job, which Stanton could
do while he is removing the broken concrete at the mailbox area.
Sweeney stated that undermining will occur under the concrete
when it rains if this isn’t fixed.
Mr. Stroud asked Ms. Shockley to put up a
new flag, and to order two at a time so we always have a spare.
There was no new business.
The meeting adjourned at 6:55 p.m.
Submitted by Recording Secretary, Sue Thomson
APPROVED BY BOARD OF DIRECTORS JANUARY