|   LAKE MOOVALYA 
                KEYS, INC. 
                Board of Directors 
                Regular Meeting 
                JANUARY 14, 2008 
              CALL TO ORDER 
                President Chuck Baker called  the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:00 p.m. 
              PRESENT 
                President:  Chuck   Baker 
                Vice President:   Jack Sweeney 
                Secretary/Treasurer:   Chris Chambers 
                Board Members:  William (Squeak)  Kossnar, Gary Svider, Joe   Price & Larry St. George 
             
  ABSENT 
  Board Members:  Bob Stroud, Joe Maxwell  & Richard Jaschke 
              OTHERS PRESENT 
              Guests:  Laura Lancaster (lot 166), Rob Troxler (lot  160), Carl Bozeman (lot 61), Carla Faulkner (Robert Gory Realty Property Manager)  & Bob Hansen (Vista del Monumento Acres owner).  Additional guests arriving at 7:00 p.m. were Lori Lyons & Amber Masek  (lot 67) and Ross Nagel (lot 52 representative) 
              General Manager:  Cheryl Shockley 
                Business Manager/Recording  Secretary:  Sue Thomson 
                Legal Counsel:  John C. Churchill  
             
  INTRODUCTIONS 
              MINUTES 
              Mr. Sweeney moved to  approve the Minutes of the Regular Meeting  of December 3, 2007.  The motion was  seconded and carried unanimously. 
              FINANCIAL REPORTS  
              Mr. Price moved to approve the December 2007 Balance  Sheet and Profit & Loss.  The motion  was seconded and carried unanimously. 
              BOOKKEEPER REPORT 
                Ms. Thomson reported that Brooke Water paid the Small Claims  judgment amount, plus interest, and it was posted on the books prior to year  end. 
              Lot 120 made good on the construction  deposit. 
              Steve Catlin (lot 177) is concerned about the canal at his  property filling with sediment.  He said  there is currently only 2’ of clearance below his prop.  Ms. Thomson recently suggested he contact the  Army Corp. of Engineers, which he did.   Mr. Baker deferred discussion to New Business. 
              Lot clean-up letters were sent to lots  9 and 10. 
              There was a discussion about the 2006 lot clean up fine of  $500 assessed to lot 10, during the time Buckskin Sanitary District improperly  sold the property to a third party.  Mr.  Churchill was consulted on whether or not Mr. Willoughby actually owned, or  didn’t own, the property at the time of the fine assessment.  He stated Mr. Willoughby did not own the  property at that time, but eventually the third party had to give it back  during litigation.  Mr. Sweeney moved to give Mr. Willoughby 30 days to re-roof and clean  up the yard and the exterior of the house and submit a construction deposit, in  lieu of enforcing the prior fine.  After  discussion Mr. Sweeney amended his motion to require the owners of lot 10 to  provide the Association within 30 days a working timetable for their planned improvements  to complete their interior and exterior remodel project, and in the interim,  clean up the yard.   At that  time the Association would revisit the 2006 fine assessed on the lot.  The motion was seconded and carried. 
              Ms. Thomson reported that lots 146 and 169 are seriously  delinquent and she was instructed to send them a final demand for payment. 
              Ms. Thomson presented an email sent by board member Richard  Jaschke who informed her that because of frequent work commitments out of town,  he would need to resign his position when someone else could be appointed in  his place.  Mr. Baker suggested that Mr.  Jaschke be removed from the Board immediately to reduce potential quorum  problems.  Mr. Sweeney made a motion to remove Mr.  Jaschke from the Board immediately.  The  motion was seconded and carried. 
              Ms. Thomson reported four white line citations assessed last  month to lots 195 (2), 40 and 132.  
              Mr. Sweeney moved to  approve the December Prepaid Bills and Bills for Approval.  The motion was seconded and carried. 
              GENERAL MANAGER’S  REPORT 
  Ms. Shockley reported the Keys were quiet during December up  until the New Years’ weekend. 
              Brooke Water dug up the streets to repair water leaks on Moovalya    Drive and Yaqui Loop.  The one on Moovalya was particularly messy,  and Brooke is waiting for corporate approval and concrete bids so they can do  the patch work. 
              Ms. Shockley said she talked to the street sweeper who told  her that the Keys is not on a schedule for street sweeping.  He said he sweeps the streets only when he’s  free to do it.  Mr. Baker asked Ms.  Shockley to call Donna at the County and remind her that we had an agreement  for regularly scheduled street sweeping.   If Donna has a problem with that, she is to call him about it. 
              Ms. Shockley said the brown car is gone from lot 9 and the  yard is being cleaned up.  There is a  large trailer now at lot 10 that looks like it will be used to haul away  debris.   
              Ms. Shockley reported that she was unable to find  replacement locks for the large parcel boxes at the mailbox area. 
              PROTEST COMMITTEE  
  Mr. Svider presented the Committee’s finding on the protest  received by one of the owners of lot 67 to a reckless driving citation he  received.  Mr. Svider reviewed the photos  and talked to the witness.  He reported  that after comparing the tire marks left in the street, they may not have been  created by the blue Jeep.  The witness  could not see the driver’s face.  The  witness stated there were a number of neighbors on motorcycles racing up and  down the street.  Mr. Svider said there  should have been two citations issued.   The Committee recommended upholding the citation, and the Board agreed.  Ms. Thomson is to inform the protesting party  that the citation and fine stands. 
              OLD BUSINESS  
  Mr. Sweeney  reported that the trash enclosure project is complete and looks nice.  He suggested that we reinstall some type of  trash bin separators inside the area to keep the bins retained to keep them from  colliding with each other.  Mr. Baker  asked Mr. Sweeney to come up with a solution and present it at next month’s  meeting. 
              Mr. Baker reported  that Ms. Thomson will be unavailable for the regular Board meeting on March  3.  Because she has never missed a  meeting, Mr. Baker rescheduled the meeting for March 10.   
              Mr. Baker said that  the February 4 regular Board meeting will be designated as a special work  session to go over the rental proposals and any other ballot issues that will  be presented to the members for vote at the Annual Meeting. 
              Mr. Baker reviewed  the new Tenant Information Sheet presented by Ms. Lancaster.  He and Ms. Lancaster and Ms. Shockley  collaborated on it, and he wants it to be the only form used by rental owners.  Mr. Churchill reviewed the form and asked  that watercraft numbers be listed along with vehicle license numbers.  Mr. Sweeney moved to approve the new  Tenant Information Sheet, with the addition of a line item for watercraft  numbers.  The new form also amends the  fax number where completed forms are to be sent (to the General Manager’s fax  line).  The motion was seconded and  carried. 
              Ms. Lancaster  presented the latest draft of the yellow, two-sided Visitor Pass for rental properties.  It has a place to insert the property address  and the date in/date out.  A 24-hour  contact telephone number is also printed on the pass, and passes for individual  property managers has been produced for those agents.  The rules appear on the back side.  Ms. Lancaster states she has spoken to the  other rental owners, and they are all on board with it.  Ms. Shockley stated that the rental agents  have all agreed to use the new Pass, and Ms. Lancaster said they all agreed to  use a black Sharpie pen for ease of visibility.   Ms. Lancaster donated a new fax machine to the General Manager so owners  can fax their Tenant Information Sheets on the General Manager’s line  928-667-4484.  The new Pass was  distributed to the Board for review.  It  was noted that the line for inserting the gate code is currently the owner’s  code, not a general code.  Mr. Sweeney  moved to approve the new VisitorPass for use on all  short-term rentals.  The motion was  seconded and carried.  Ms. Lancaster will take care of implementing  the new Pass.  Mr. Chambers inquired whether  or not the old Visitor   Pass should be grandfathered.  Ms. Thomson suggested the old Pass continue  to be used for guests of owner-occupied properties and that she will work with  Ms. Shockley and Ms. Lancaster in distributing the new Pass to the rental  owners. 
              NEW BUSINESS  
  Mr. Baker discussed prior dredging problems, stating that  Mike Dyer almost lost his backhoe about five years ago in an attempt to dredge  a canal.  We had a dredger lined up, and  at that time, there were more vacant lots to use for relocating the silt.  He said an 8’ berm would be needed to pile  silt dredged from just one canal, and now the problem is worse, because there  are even fewer vacant lots than there were five years ago.  There’s just no place to put all the  silt.  It has to dry out on land before  it can be moved off for relocation.  Mr.  Churchill reported that when this project was started five years ago, there was  no engineering done, and lateral supports were removed causing some houses to  start to sink.  He doesn’t recommend the  Association get involved in dredging; instead it should be left up to the  individual property owners.  Mr. Baker  said he has used a fish finder while cruising the canals, and he has noted a  generally better flow.  He said there has  been only about a one to two inch difference over the years.  Mr. Sweeney said that each owner owns  one-half of the canal floor, and the water is a federal waterway, so it doesn’t  behoove the Association to get involved with permitting to dredge.  Mr. Churchill again recommended against the  Association getting involved with dredging, and that the owners themselves deal  with it, perhaps digging it out by hand, which may be a better solution. 
              Mr. Baker said he wants to decide about underage drivers on  Association streets at next month’s work session, in addition to proposing to  members the establishment of a fine for double parking boats in the canal, as  well as proposing to limit the number of occupants in rental properties, and  establishing a fine for violating maximum occupancy.  Ms. Lancaster said that the new Tenant  Information Sheet is addressing the situation of over occupancy.  Mr. Baker pointed out that some owners did  not get forms to us last year, or some were incomplete as to the guest  names.  Mr. Sweeney said that the Board  will be promoting rules at the Annual Meeting, and Mr. Baker said that is what  the February 4 work meeting will address.   Mr. Sweeney suggested Ms. Lancaster get a consensus from the rental  owners for presentation next month.  Mr.  Baker asked Ms. Lancaster how the rental owners feel now, and Ms. Lancaster  said that most of the rental owners want a 10-person maximum.  Ms. Lancaster said she is trying to police  the issue, as is Kathy Northcutt and Ms. Faulkner.  Ms. Lancaster also said that they do not want  to see a separation between the number of adults and children.  They also had concerns about limiting the  number of vehicles to space available at the subject property, as they felt  that should be a white line issue.  Mr.  Baker emphatically disagreed, stating that others can’t park in their  neighbor’s yard, but spillover vehicles can use the common parking lot. 
              Hal Collett, La Paz County Sheriff, and Sgt. Epps arrived at  6:45 p.m. to discuss ways for the General Manager to handle problems in the  Keys, specifically what we can do, what the Sheriff’s Office can do and how to  handle problems.  The Board will meet  with the Sheriff and Sgt. Epps in Executive Session to discuss individual  incidents.   
              Sgt. Epps stated that he is responsible for calls  received.  Mr. Collett stated the concern  a few years ago was that problems would increase in the Keys as the population  there increased.  He said the problem  with the Keys is that they can’t enforce the posted 15 MPH speed limit.  State law is 25 MPH, but they can cite for  DUI and reckless driving.  Concerning  disturbing the peace complaints, they will go out and issue a warning  first.  If they have to go out again to  the location, they need a ‘direct knowledge’ witness who is willing to be  designated a victim of the disturbance and go to court, if necessary, before an  arrest can be made.  The more witnesses,  the better, unless it’s a felony.   
              Mr. Collett stated that in isolated cases where one person  makes the call and they come out and talk to the suspect, and a neighbor backs  up the suspect and not the reporting witness, they have a case of witness  contradiction, and it makes it difficult for the Sheriff’s Office to  prosecute.  Anyone can be a witness/victim.  Sgt. Epps said that vehicle burnouts are  considered reckless driving because the driver is not in control of the  vehicle.  Mr. Churchill advised that 15  MPH on Keys’ streets could be considered reckless driving, because the streets  are narrow and curvy in places with many cars parked on the sides, there are  kids in the streets, and the houses are in close proximity to each other.  Sgt. Epps said there is no center stripe  either. 
              Mr. Collett said that with the new office recently  constructed, they have more officers available to patrol the area, and he  stated they will have two people in their patrol boat next summer.  He also reported that new sound (decibel)  meters will be available in the near future. 
              MEETING ADJOURNED TO  EXECUTIVE SESSION AT 7:00 P.M. 
                  
              MEETING RECONVENED TO  REGULAR SESSION AT 7:30 P.M. 
              With Ms. Lyons and Ms. Masek from lot 67 now present at the  meeting, they were informed that the Board voted to uphold the Protest  Committee’s recommendation that the reckless driving citation is valid.  Ms. Lyons stated the burnouts were done by  her neighbor, and she said she feels that they are a target.  Mr. Baker said they have been a problem; that  he used to party himself and did some crazy stuff 25 years ago, but there are  more people in the Keys now than there was 20 years ago, and everyone needs to  respect their neighbors, and the neighborhood, and now we also have renter  problems.  Ms. Lyons felt they were  getting blamed for stuff they didn’t do.   Mr. Baker replied that it keeps happening at their end of the street,  and he said he doesn’t know who their husbands are, or who’s who in that neighborhood.  He said they can do whatever they want, as  long as they don’t disrupt their neighbors.   Ms. Lyons said that others are not complying with the rules.  Mr. Baker suggested she call us to complain  so we can deal with it, but Ms. Lyons said she doesn’t like to complain to Ms.  Shockley.  Mr. Baker said to call her  anyway.  Mr. Kossnar said everyone is  complaining about problems on Apache. 
              Mr. Sweeney relayed a story that happened some time ago about  him yelling from his balcony at 2:30 a.m.  to some kids that were on the ramp making noise.  He told them to go home.  They came back drunk, 18 and 19 year olds,  and they drove their golf cart into the canal.   They had hotwired and stolen it, and they were arrested.  Everyone said he should have called the  police.  Ms. Lyons said the kids are not  let out of their sight, and they strap flashlights on their (motorized) bikes  after dark.  Ms. Shockley said she tells  everyone that dirt bikes are not allowed on the streets after dark, and to put  them away, including a warning to lot 52. 
              Mr. Chambers nominated Rob Troxler to fill one of the Board  vacancies.  Ms. Lancaster said she wants  to be on the Board and is willing to recuse herself from Executive  Sessions.  She said she has been to all  the recent Board meetings, while Mr. Troxler has not.  Ms. Lancaster was asked what the plaintiffs’  consensus is in resolving the current lawsuit, since the Board feels it would  be a conflict of interest for her to be on the Board while the suit is  pending.  Mr. Sweeney said he heard that  the night Bill Risen resigned from the Board,  the renters wanted to settle.  Ms.  Lancaster said the plaintiffs agree to disagree regarding notification of the  2004 rules meeting; that the problems can go away.  Mr. Baker said he doesn’t care about the  amount of the security deposit and that the members can vote on it again.  He also said we haven’t yet used a security  deposit.  Ms. Faulkner said Robert Gory  Realty already requires a minimum $500 deposit, and it’s the same at Security  Real Estate.  Mr. Sweeney replied that  those deposits do not cover damage to other people’s property, and he reminded  everyone of the incident where Mr. Stroud was refused compensation, from the  security deposit posted with the rental agency, for damage done to his personal  property by someone’s renters.  Mr.  Chambers talked about the $700 in damages to his Sea Doo parked at his dock,  which was caused by someone’s renters, and he was out of pocket the $700.  Ms. Lancaster said the owner’s homeowner’s  insurance should cover these incidents, and the homeowner can be sued if  necessary.  She thinks a $500 security  deposit is reasonable.  Mr. Sweeney said  he is available to discuss any settlement issues with the plaintiffs and report  back to the Board. 
              It was noted that Mr. Troxler is here tonight, and he  normally comes to the meetings.  The  Board indicated it would like to have Ms. Lancaster on the Board if her  co-owner gets off the lawsuit. 
              Mr. Churchill advised that an agenda item for appointing  interim directors of the Board to fill vacancies is required, and that the  agenda can simply be posted on the website.   He also advised that the agenda item to elect directors does not have to  specify names, only that a vacancy is intended to be filled.  Mr. Price would like to wait until the Annual  Meeting to fill any vacancies, since the members will be voting for the Board  of Directors for the upcoming year at the Annual Meeting on March 29. 
              OTHER OLD BUSINESS 
              Mr. St. George distributed, and recommended, a landscape  plan and cost estimate from Color Arts Landscape which would be similar to the  landscape scheme at the new Terrible Herbst service station.  The bid to remove and haul away the grass and  replace with two-color decorative rock, mounds and boulders, pigmy palms, med palms  and lantana, with bubbler irrigation is $6,483.   His bid to remove the tall oleanders and haul them away in six 40-yard  dumpsters is $3,700, if we want to connect wall to wall.  It was noted that artificial grass is too  expensive. 
              Mr. Sweeney informed the Board that the owner to the north of  the Keys wants to cut down part of the wall we recently installed to put in a  driveway to his property.  Since the wall  is entirely on Association property, Robert Gory Realty was told to tell the  neighbor that it is our wall which he cannot touch.  He wants us to revisit them being able to use  our gate for access, because he was denied access from Riverside    Drive.  It  was noted that Bob Gory came to two Association meetings to approach the  subject, but there was no resolution.   Mr. Baker said that Bob Gory could never tell us how many units might go  in, because at that time there was no buyer, and no plan, for the property.  Mr. Sweeney said that the owner may approach  us soon, before race weekend, regarding access. 
              Mr. Baker asked about the status of a permanent barrier at  lot 251, and Ms. Thomson said that the new owner would be willing to meet us  halfway on the cost of a permanent barrier, but she has already spent a lot of  money on improvements and can’t do anything until summer.  Ms. Thomson said that she provided Mr.  Maxwell, at his request after the last Board meeting, with a copy of the  building plans for lot 251.  It was noted  that the columns that support the temporary barrier may be entirely on  Association property.  Ms. Thomson said  that the owner has no problem keeping the temporary barrier up whenever it  happens to come down if we so inform her.   Ms. Thomson also said that the agreement to put up a permanent barrier  was not made by the present owner, but by a previous owner who built the house,  and she asked if the present owner is liable to uphold a contract made by the  prior owner.  Mr. Sweeney requested we  get a timeline for getting the permanent barrier up.  Mr. Chambers said he would talk to the owner  about it. 
              Mr. Kossnar said that he heard the owners of lot 120 were  demo-ing the whole structure due to termite damage.  Mr. Sweeney asked Ms. Thomson to remind the  owner that he needs to provide us with a survey letter. 
              Mr. Chambers reported that Steve Stanton complained that he  didn’t get to bid on the trash enclosure project.  It was noted that we did not think Steve  Stanton would be interested in a small project of this nature.  Had we known, we would have invited his bid. 
              ADJOURNMENT 
                The meeting adjourned at 8:10   p.m. 
                Submitted by Recording Secretary, Sue Thomson  
              APPROVED BY BOARD OF  DIRECTORS FEBRUARY 4, 2008              |