Board of Directors
OCTOBER 1, 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
Board Members: Jack Sweeney, Gary Svider, Joe Price, William (Squeak)
Kossnar, Bob Stroud, Joe Maxwell & Larry St. George
Secretary/Treasurer: Chris Chambers
Board Members: Richard Jaschke
Guests: Blane Coon (lot 54); Rob Troxler (lot 160); Gary Anslyn
(lot 113); Barbara Risen (lot 184); Mr. & Mrs. Robert Pierce
General Manager: Cheryl Shockley
Business Manager/Recording Secretary: Sue Thomson
Legal Counsel: John C. Churchill
CALL TO PUBLIC
No comments from guests present.
Mr. Kossnar moved to approve the Minutes of the Regular Meeting
of September 10, 2007. Mr. Price seconded the motion, and the
motion carried unanimously.
Mr. Price moved to approve the September 10,
2007 Minutes of the Executive Session. Mr. Baker seconded the
motion, and the motion carried unanimously.
Mr. Sweeney moved to approve the September 2007 Profit & Loss
Statement. Mr. Price seconded the motion, and the motion carried
Mr. Sweeney moved to approve the September
2007 Balance Sheet. Mr. Stroud seconded the motion, and the motion
Ms. Thomson reported that the judge refused to grant Brooke Water
another trial continuance, so the trial was held without a defendant
on 9/17/07. Ms. Shockley and Mr. Sweeney attended the trial and
presented our case. The judge took the matter under submission.
Mr. Pratt’s construction deposit for
a remodel project at lot 120 was returned NSF by the bank. A replacement
check is supposedly on its way. Late fees were assessed to 13
Ms. Thomson reported that Mr. Baker reviewed
the 2006 CPA audit report, and he stated everything looked fine.
The three extra trash bins were removed from
the trash area for the winter season.
Citations for white line violations were issued
to lots 63, 66, 96, 97, 139 and 161. Reckless driving/speeding
citations were issues to lots 63, 69 and 201.
Ms. Thomson reminded Mr. Churchill about his
needing to provide us with a draft amendment to CC&R’s
section 10.2 relating to insurance claims.
Mr. Sweeney gave Ms. Thomson a reimbursement
bill from Moore’s Electronics for $830.90 for the new computer
hard drive in the guard shack. Ms. Thomson also just received
a bill from Rolyan Buoys for $342.07 for two replacement buoy
lights. Mr. Sweeney stated that the center buoy is unable to have
a light, so the second light will be kept as a spare. Ms. Shockley
replaced the other buoy light on Saturday.
Mr. Price moved to approve the September prepaid
bills and bills for approval, which include the Moore’s
Electronics reimbursement to Mr. Sweeney and the Rolyan Buoys
invoice. Mr. Sweeney seconded the motion, and the motion carried
GENERAL MANAGER’S REPORT
Ms. Shockley reported the last three weeks have been quiet. She
had two trailers towed from the parking lot, and she tagged another
unknown trailer on Yaqui, and it was then moved.
The gardener cleared the bushes by the Brooke
ramp. The two vacant lots on Hopi and Moovalya should be finished
soon with new poles cemented 2’ into the ground, with chains
to be attached to the poles. Ms. Shockley said she was asked to
bring them in 9’ from the line, on the Moovalya lot, and
Ms. Shockley stated she could not see the original location. Mr.
St. George said the current holes are too close to the white line.
Mr. Kossnar stated that 9’ is plenty wide to park a trailer.
Ms. Shockley said she can change the location of the holes. Mr.
Sweeney made a motion to move the holes back to where they originally
were, in line with the block wall, 3’ back. Mr. St. George
seconded the motion. Mr. Stroud wondered if others are going to
complain. Mr. Kossnar asked if this would create a storage issue.
There being no further discussion, the motion carried unanimously.
Mr. Kossnar asked if the upriver channel light
needs to be moved, and Mr. Sweeney said that it does.
Mr. Price asked if the asphalt people are
due back in the area soon. Ms. Shockley said she would call to
Mr. Baker reported overgrown, wild palms at
the Apache Loop stop sign. Mr. Risen suggested they be chopped
down, and Ms. Shockley said she would talk to the gardener.
Mr. Baker reported that his RV was parked
entirely on his property, and he wanted it known that the Board
does not treat him any differently. There were some recent comments
that he had an unfair advantage, and he said that is not the case.
His RV was parked entirely on his property.
Mr. Sweeney stated that he continues to adjust
the cameras to focus in on license plates, but that it continues
to get out of focus a day later. He suggested that we upgrade
to an infrared camera, at a cost of less than $500. Mr. Kossnar
made a motion that the Association purchase an infrared camera
for the entrance area at a cost not to exceed $500. Mr. Baker
seconded the motion, and the motion carried unanimously.
Mr. Svider discussed the dilapidated backboards at the dumpster
area, stating that it would cost $5,000 to $6,000 to replace them
with metal backboards. Mr. Kossnar suggested it could cost up
to $10,000, and Mr. Stroud suggested replacing them with plywood.
Mr. Sweeney suggested plywood and new paint. Ms. Shockley was
asked to get a couple of estimates for plywood replacement backboards
Regarding the beautification status, Mr. Kossnar
stated he talked to Mike Roberts about trimming the tall oleanders,
and he said he would hedge them off level for $1,000. Ms. Thomson
read Laura Lancaster’s e-mail, which she received just prior
to the meeting, that explained she was unable to attend tonight’s
meeting due to an injury she sustained over the weekend. Ms. Lancaster
is on the beautification committee, and she reported that she
did some research on synthetic grass and talked to people about
whether or not to remove the large oleanders, and she called several
gardeners, as well as Brooke Water, who stated we would save about
35% on the water bill by investing in mulch and rocks to go around
the bushes to reduce evaporation. She also talked to other owners
about entertaining the idea of updating the entrance as far as
stucco color, landscape and possibly a wall around the parking
lot to update the Keys with a high-end look. Mr. Baker stated
that the synthetic grass that’s on the market now is really
nice, and you can hardly tell the difference.
Mr. Risen stated that all recommendations
are due at the November meeting, keeping in mind economics and
cost of upkeep. Mr. Risen stated that Ms. Lancaster’s rental
packages will be discussed at the November meeting.
Mr. Baker asked about the double parking of
boats issue in the canals, and are we not involved? The CC&R’s
reference it. Mr. Stroud stated the homeowners have ownership
of half the canal, and Mr. Risen advised that they own only the
land, not the water. Mr. Svider stated that section 5-347 of the
Arizona statutes (Interference with navigation or launching areas)
is enforced by the Sheriff’s Office, and if it does not
block or impede passage, they won’t deal with it. Mr. Baker
stated that we need to address the double parking issue. Ms. Shockley
reported that if she receives a phone call about this she will
have them move it, but she doesn’t see this happen very
often. Mostly it occurs at JT’s, and she tells the boat
owners that double parking is not allowed.
Ms. Thomson reported that Laser Brite, the
folks doing the bridge signs, have been out of state for several
weeks, but she will follow up with them again.
Mr. Risen reported that the cable is down
again at lot 251, and he asked if we’ve received any feedback
on the subject. Mr. Sweeney said that Mr. Chambers was to have
talked to the owner, and Ms. Thomson stated that she would contact
the owner about the possibility of a permanent barrier.
Concerning the status of renter issues, we
need to let the owners know about possible solutions. He said
his initial plan was misconstrued, and everyone came up with something
different. It was decided that all problems this past summer be
documented, and we’ll take a look at that and see what needs
to be done. The lawsuit over the rental security deposit is sitting
inactive. Everyone, except for a few, has complied with the deposit
requirement. Mr. Baker said we need to address problem issues,
such as the renters across the canal from his house at lot 139
who are a continuing frustration to him. Their behavior is rude,
and they’ve even flipped him off. Mr. Sweeney said he reviewed
Ms. Lancaster’s package, and he made notes and passed it
on to Mr. Anslyn. Mr. Sweeney said he would rather do away with
rentals than implement some of Ms. Lancaster’s detailed
plans. He disagrees with Ms. Lancaster’s comment, ‘we
are all the same’ by saying we are not all the same. I’m
here when there is a problem. The landlords are not here when
there is a problem. He said there has to be an acceptable maximum
capacity per house established, and people shouldn’t park
their boats on someone else’s dock. That’s the rule
he imposes on his guests at his house.
Mr. Svider stated he has been out of the loop
the last couple of months, and Mr. Baker’s initial proposal
looked fine to him. He said he agrees on imposing a maximum capacity
rule, for people, cars and boats, but we need enforcement of those
who violate, but not be anti-renter. He said he wants to know
if there are problems on his property, and his watchdog stays
in touch with him. Mr. Baker stated that the parking problems
are being handled, but that the current problem is encroaching
on other people’s properties. Mr. Sweeney said he is inclined
to go with a set of simple rules, such as what Mr. Baker proposed.
Mr. Churchill advised that the CC&R’s
are really clear, and that if a landlord is using a residence
for any other purpose than single-family use, they are violating
the CC&R’s. The single-family use applies to every use,
including bedrooms and docks. The definition of ‘single
family’ is clear and he will be happy to discuss the matter
further in executive session.
Mr. Sweeney inquired of Mr. Churchill about
homeowners with guests who spend the night, or one renter who
pays for the rent and has guests--is that not single-family use?
Mr. St. George inquired of Mr. Churchill if that is the case,
then are we not allowed to have 10 guests spend the night? Is
the difference guests who pay, versus non-paying guests? Mr. Churchill
stated that if that’s what’s happening, then they’re
not violating single-family use. Mr. Sweeney said he is trying
to establish a peaceful co-existence, and we need guidelines about
maximum capacity, dock use and parking regulations.
Mr. Baker wanted everyone to know that his
proposal meant to include everyone’s right, including guests
and tenants, to use the common parking lot. Not referencing the
parking lot in his proposal did not mean he intended to exclude
its use by renters and guests. Mr. Sweeney stated the proposal
was a starting point, and a dialog to work with the defendants
in the lawsuit. Addressing Mr. Anslyn, Mr. Sweeney told him that
the Board got the impression that you guys (the defendants) thought
we were starting a war.
Mr. Coon stated that we take care of our guests;
why aren’t the rental landlords responsible? They are.
Mr. Stroud brought up the ongoing drainage
problem at his property and asked if Mike Dyer could put in a
bid for a drain at his and his neighbor’s house. He said
the recent storm created another flood.
Mr. Sweeney presented remodel plans from Mr.
Pierce on lot 46, which includes a second-story bedroom over the
patio, with no changes to the front. The height is stated at 17’10”,
and the setbacks are okay. Mr. Sweeney made a motion to approve
the remodel plans for lot 46 for a second-story bedroom as presented
by Robert Pierce. Mr. Kossnar seconded the motion. The plans were
given to Mr. Churchill for review, and Ms. Thomson was given the
Mr. Price, upon researching the CC&R’s
on the double-parking issue, said homeowners can’t block
ingress and egress, per Section 12. Mr. Risen stated that if we
want to make it more restrictive, we would need to pass a rule.
Mr. Sweeney said that the Board can interpret the CC&R’s.
Mr. Churchill stated that the plans for the
lot 46 remodel look fine. There being no further discussion, the
Regarding the double parking issue, we can
tell the General Manager whether there’s a violation. Mr.
Price made a motion that the Association instruct the General
Manager that double parking of boats is a violation of the CC&R’s.
No action was taken on the motion.
Mr. Stroud stated that his neighbor approves
a connector drainpipe. Ms. Shockley stated that Mike Dyer would
have to dig for the drain before he can give an estimate. Mr.
Stroud and Ms. Shockley both stated that it would cost $150 per
hour to locate the line. Mr. Stroud said two 12x12 drains, one
at his house and one at his neighbor’s house, would alleviate
standing water. He said he had standing water for a couple of
days after the last rain. Ms. Shockley estimated that it would
take 1-2 hours to determine where the drain is. Mr. Baker suggested
that Mike Byrd could do it.
Mr. St. George reported speeding boats in
the channel last night. Ms. Shockley said she talked to a person
last night who was speeding on a wave runner.
Mr. Kossnar, who had stepped out of the meeting
to call Mike Byrd, said Mike Byrd would locate the end of the
drain at the Stroud property for $175. Mr. Baker made a motion
to hire Mike Byrd for $175 to locate the Stroud drain line. Mr.
St. George seconded the motion. The motion failed to carry.
Mr. Svider asked if it is possible to post
on the website an agenda, or at least a tentative agenda, a week
in advance of monthly Board meetings for the benefit of those
who can’t attend the meeting. Mr. Risen said that we tried
to do it before, but agenda items change. No action was taken.
Mr. Risen discussed the ongoing speeding problem
on Keys’ streets, and stated he arranged for the procurement
of an $1,800 used radar unit from the Town of Parker for $500,
plus $300 for a three-day training course by the Sheriff’s
Office who would train and certify the General Manager, thus enabling
any speeding citations to hold up in a court of law. The course
would also give the General Manager the knowledge and ability
to estimate speed of vehicles. Mr. St. George asked if the legal
speed limit is 15 or 25 (state mandated) MPH, and Mr. Risen stated
that the Keys’ speed limit is 15 MPH. Mr. Sweeney stated
the Sheriff can’t enforce 15 MPH, but the Keys can.
Mr. Baker made a motion that the Association
purchase a used radar gun from the Town of Parker for $500 and
pay $300 for the certification course for the General Manager.
Mr. Kossnar seconded the motion. Mr. Sweeney asked if recertification
is necessary every two months, and Mr. Risen stated that it is
necessary only after a year. Ms. Shockley suggested a radar-enforced
sign. She has a handle on repeat abusers, and she is talking with
them. The motion failed to carry.
Mr. Kossnar reported guests of the Pollett
house (lot 43) were shooting fireworks, and the Sheriff’s
Office came out and confiscated the fireworks. Ms. Shockley stated
that the tenants denied the fireworks, but she told them they
would be asked to leave if it happened again. Ms. Shockley reported
that Mr. Bahler (lot 188) and Mr. Pilato (lot 63) are fireworks
There was no new business.
ADJOURNMENT TO EXECUTIVE SESSION
The meeting adjourned to Executive Session at 7:13 p.m.
Mr. Risen submitted to Ms. Thomson his handwritten
resignation from the Board, effective immediately.
RECONVENE TO REGULAR SESSION
The meeting reconvened from Executive Session at 7:45 p.m. and
was chaired temporarily by Vice President Chuck Baker.
Because Mr. Svider will miss six board meetings,
Mr. Sweeney moved to retain Mr. Svider’s place on the Board;
that due to medical reasons, he not be dismissed from the Board
during his six-month absence. Mr. Stroud seconded the motion,
and the motion carried.
NOMINATIONS OF OFFICERS
Mr. Sweeney nominated Mr. Baker as President of the Association.
The motion was seconded, and the motion carried.
Mr. Kossnar nominated Mr. Sweeney as Vice
President. The motion was seconded, and the motion carried.
The meeting adjourned at 7:47 p.m.
Submitted by Recording Secretary, Sue Thomson
APPROVED BY BOARD OF DIRECTORS NOVEMBER