Board of Directors
JUNE 4, 2007
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, Bob Stroud, Gary Svider, Joe Maxwell,
William (Squeak) Kossnar & Larry St. George
Board Members: Joe Price & 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 May 7, 2007. The motion was seconded, and the motion carried.
Mr. Baker moved to approve the Minutes of
the Annual Meeting of April 7, 2007. The motion was seconded,
and the motion carried.
Mr. Baker moved to approve the May Profit & Loss Statement.
The motion was seconded, and the motion carried.
Mr. Baker moved to approve the May Balance
Sheet. The motion was seconded, and the motion carried.
Mr. Baker moved to approve the Prepaid Bills
and Bills for Approval. The motion was seconded. Mr. Svider asked
if one of the $1,610 monthly invoices for legal fees was entirely
attributable to the Anslyn, et al. lawsuit, and Ms. Thomson confirmed
that it was. Ms. Thomson noted that the street striping vendor,
who last painted the stripes in 2004, increased his fee to $1,610
from $1,110. Ms. Kossnar noted that more boulders are needed where
the Brooke Water chain link fence was knocked down. He also reported
graffiti on the pump station, which is the second graffiti incident
there. Brooke Water paid their fence man to reset the fence, but
he didn’t perform. He discussed the matter with a Brooke
Water representative the other day. There being no further discussion,
the motion carried.
GENERAL MANAGER’S REPORT
Ms. Shockley reported on the striping project, stating that Mitch
and Mr. Sweeney helped mark the streets, and Mr. Kossnar took
photos. There were no homeowner complaints, although some homeowners
were out measuring.
Ms. Shockley is working on getting Brooke
Water to improve their patch job in front of lot 214 where a water
line break occurred over the holiday.
Mr. Sweeney commented on Ms. Shockley’s
report item about a complaint from Mr. Cowell (VDMA owner) regarding
a boat trailer and truck double parked on Moovalya Drive. Mr.
Cowell told Ms. Shockley that he would damn well do as he pleases
and park wherever and however he wants. Mr. Sweeney said he talked
to Mr. Cowell about the striping project and that the Association
was not going to stripe the VDMA portion of Moovalya, to which
Mr. Cowell replied, ‘it’s a good thing because we
own the streets’.
A motion was made to get a copy of the deeds
on all the VDMA properties and send them to those owners with
a courtesy letter letting them know that the streets belong to
the Keys. Ms. Shockley has told Keys’ owners on Moovalya
that they can park on the west side of the street as long as they
stayed off the VDMA properties and didn’t block anyone’s
driveway. When the striping project was going on, Mr. Sweeney
said that four different VDMA owners told him, ‘Keys people
have a right to use our street’. The motion was seconded.
There being no further discussion, the motion carried.
Mr. Baker asked Ms. Shockley about the 7-day
parking lot warnings she gave to four lot owners on the 23rd.
Ms. Thomson asked if a letter should be sent
to lot 169 regarding an excessive number of renters’ boats
and cars trespassing on both neighbors’ properties (driveways
and docks) over the holiday weekend. No action was taken, since
this is one of the issues Mr. Baker is currently working on with
the short-term rental landlords.
Mr. Kossnar stated that Ms. Shockley and her
team (Mitch and Patrick) did a great job with security over the
holiday weekend. Ms. Shockley said that it was helpful to be able
to talk to people when they checked in at the gate, and the gate
stayed closed, which was not the case last year. Ms. Shockley
reported that during the night shift Mitch stayed at the gate
while Patrick patrolled every hour, so the gate was never left
unattended. She reported underage drivers drinking and driving
in golf carts, with one of them hitting a tire of a neighbor’s
truck on Yaqui. The other golf cart was from a Hopi Drive lot,
and both received reckless driving citations, after receiving
repeated warnings. She said there were hardly any Rhinos over
the holiday. Mr. Risen asked Ms. Thomson to send a letter to lots
190 and 210 advising them that if any similar incidents occur
again, they will be reported to the Sheriff’s Office.
Mr. Chambers reported that the cable and telephone
boxes by lot 173 were smashed. It was also reported that one of
the poles at lot 198 was knocked down. Mr. Sweeney reported that
poles on several other lots need replacing, ones that the Association
put in for the homeowners. Mr. Sweeney also reported a broken
pillar in the trash enclosure area, with another one ready to
go, and three broken hinges. A fire hydrant is loose at the bridge
and one by Mr. Baker’s house; both need clamping.
Ms. Thomson reported that the SCF of Arizona worker’s compensation
policy went into effect on May 15.
Ms. Thomson discussed the insurance carrier’s
request that the Association amend section 10.2 of the CC&R’s
to delete the phrase ‘to the extent not covered by the Association’s
insurance’. By deleting this clause, the Association has
the option of making a claim for damages, not the obligation.
For that reason the insurance company is not inclined to renew
our policy unless that clause is deleted. Beaver Insurance informed
Ms. Thomson that if we submit a letter indicating our best efforts
to delete this clause from the CC&R’s, they will reconsider
renewing our property damage/general liability and umbrella policies.
Mr. Churchill advised Ms. Thomson to prepare a letter to the insurance
company stating that we are putting the wheels in motion to seek
such an amendment.
White line citations were issued to lot 4,
two to lot 69, two to lot 131 & lot 161. Reckless driving
citations were issued to lots 190 and 210.
Mr. Sweeney moved to include a proposed amendment
to the CC&R’s deleting the phrase ‘to the extent
not covered by the Association’s insurance’ from section
10.2 at an upcoming Special Meeting of Members. The motion was
seconded, and the motion carried.
Mr. Churchill reviewed Ms. Shockley’s
proposed Plaintiff’s Statement in the Small Claims complaint
the Association is going to file against Brooke Water, and he
gave his approval as drafted.
Ms. Shockley stated that the Tenant Information
Sheets assisted her with checking folks in at the gate over the
Regarding the proposed CC&R amendment
requested by the insurance company, Mr. Churchill suggested that
perhaps the insurance company could put in an exemption clause
in the case where if a member’s insurance doesn’t
cover a damage incident, our company will pick up the claim, just
as an interim measure until the CC&R’s are amended.
Mr. Sweeney said he thinks we should focus on just proceeding
with the amendment. Ms. Thomson reported that she just received
a refund of the deductible from our insurance company on the recent
claim, and she presumes that the subrogation claim has been paid
and the matter is closed.
Mr. Sweeney made a motion that we contact
Outwest Fabrication to replace the three broken hinges on the
trash bin doors at a price not to exceed $200, and to contact
Michael T. to replace and repair the two block columns at the
trash enclosure at a price not to exceed $250. The motion was
seconded, and the motion carried.
Ms. Thomson was asked to get lot 198’s
permission for Mike Dyer to move two boulders over to the backside
of the dumpsters to block off the short-cut access.
Mr. Sweeney and Ms. Shockley will do a drive-through
inspection to determine which knocked-down poles need to be replaced
or repaired and will make a presentation at the next meeting.
After further discussion, Mr. Sweeney made a motion to approve
the payment of up to $1,500 for the various pole repairs. Mr.
St. George suggested that some of the cables be more visible,
as they are too low. The motion was seconded, and the motion carried.
Mr. Sweeney moved to approve Barbara O’Connor’s engagement
letter concerning her anticipated services for the 2006 reviewed
audit. The motion was seconded. Mr. Churchill advised that the
proposed reviewed audit is not in compliance with the audit provisions
of the CC&R’s. There being no further discussion, the
motion carried, with Mr. Svider abstaining.
Ms. Shockley questioned what the security
needs would be for the 4th of July holiday, since the 4th is on
a Wednesday. She suggests hourly patrols on the weekend before
and the weekend after the 4th, and greeting people at the gate
on both Fridays. Mr. Baker suggested splitting the typical holiday
hours between the two weekends and adding a Wednesday night (7/4)
patrol. Mr. Sweeney suggested playing it by ear.
Mr. Baker presented his rental regulations’
proposal that he would like emailed to the short-term rental landlords
for their comments. Ms. Thomson was asked to type up the draft
and e-mail it to the subject owners. Mr. Baker is seeking their
comments within 15 days. Mr. Churchill advised keeping all the
rental landlords in the loop but advised we can still proceed
with the Special Meeting. Mr. Kossnar asked what it would cost
to have security service at the gate every weekend to check people
in. Mr. Svider voiced his more stringent recommendations for the
maximum number of persons and proposed fines in reply to Mr. Baker’s
proposals. There was a question regarding use of the word ‘trespassing’,
and Mr. Churchill suggested changing the language to using or
utilizing others’ facilities. Mr. Baker said that three
people asked him about the motel submitting Tenant Information
Sheets and guests parking at the limited dock space at the motel.
Mr. Svider, owner of the motel, stated he has a 60’ dock,
and his guests have not trespassed on neighboring docks, stating
he does have his neighbors’ approval to use their docks
if necessary. Mr. Baker said that he told these people that the
motel is a commercial venture on commercial property.
Mr. Sweeney made a motion that Mr. Baker’s
draft proposal be typed, with the changes as recommended by Mr.
Churchill, and distributed to the entire rental community for
comments. Mr. Baker seconded the motion. Mr. Svider said that
if he were a renter, he’d pay the fine and break the rules.
Mr. Sweeney stated that the fines are cumulative, meaning if they
break one rule, they’re breaking other rules. Mr. Baker
asked Mr. Churchill what the procedure will be once feedback is
received from the rental community. Mr. Churchill stated that
a Special Meeting of the members can be noticed once the Board
has approved the proposals at the July 2 regular Board meeting.
There being no further discussion, the motion carried unanimously.
Mr. Sweeney suggested that we look at the
entire entrance area and tie in the project with the area at Riverside
Drive where the wall and the tall oleanders are located. Another
suggestion was made to utilize cables to block in the area, which
would be more beneficial than removing the oleanders by the new
wall. Mr. Stroud recommended straightening out the entire area,
as it is looking shabby.
Mr. Kossnar asked that we enforce the storage violation by the
owner of lot 215 who has left his truck parked in the Hopi Drive
cul-de-sac for well over 72 hours. Mr. St. George stated that
the owner of lot 22 on Moovalya Drive stores his property beyond
the water meter. Mr. Churchill stated that some private properties
extend beyond the water meter. Ms. Shockley said she would tell
the owner of lot 215 to move his truck, as he is violating storage
There was a discussion about storage on vacant
lots, and Mr. Sweeney said we need to enforce this regulation
that is frequently violated. Storage on vacant lots is disallowed.
A boat was stored on vacant lot 25 and was sitting entirely on
the owner’s lot. Ms. Shockley stated she can’t enforce
it if it’s left there more than 72 hours, as she can’t
have it towed. Mr. Churchill said that storing on unimproved lots
is not allowed, including boats, cars and RV’s. He said
the Association can remove them at owners’ expense, and
the CC&R’s are very clear on this point. Ms. Shockley
stated there are two pontoon boats stored behind locked cables
on vacant lot 98. Ms. Shockley suggested putting up poles at vacant
lots to resolve the problem, and Mr. Sweeney said the matter will
be addressed with the prior motion that was carried regarding
The meeting adjourned at 7:50 p.m.
Submitted by Recording Secretary, Sue Thomson
APPROVED BY BOARD OF DIRECTORS
JULY 2, 2007