Board of Directors
Regular Meeting
MARCH 10, 2008

President Chuck Baker called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:00 p.m.

President:  Chuck Baker
Vice President:  Jack Sweeney
Secretary/Treasurer:  Chris Chambers
Board Members:  Bob Stroud, Gary Svider, Larry St. George
Board Members:  William (Squeak) Kossnar, Joe Maxwell & Joe Price (Joe Price is not seeking re-election)

Guests:  Lori Lyons & Amber Masek (lot 67); Blane Coon (lot 54); Ken Beard (lot 108); Carla Faulkner (Robert Gory Realty Property Manager)

General Manager:  Cheryl Shockley
Business Manager/Recording Secretary:  Sue Thomson
Legal Counsel:  John C. Churchill

Mr. Sweeney moved to approve the Minutes of the Regular Meeting of February 4, 2008.  Mr. Sweeney asked to go on record that he voted against the radar gun purchase, mentioned on page 5 of those Minutes.  The motion was seconded and carried unanimously.

Mr. Sweeney moved to approve the February 2008 Balance Sheet and Profit & Loss.  The motion was seconded and carried unanimously.

Ms. Thomson reported that the owner of lot 10 estimates that his remodel project will take roughly six months, or longer; he did not want to be locked into something he couldn’t do.  Mr. St. George reported that the roofing material continues to blow off the roof on the lot 10 structure, into his yard, which he picked up. 

The 2007 income tax preparation is in progress with the Association’s CPA.

First notice delinquent letters were sent to lots 21 and 120.  Lots 146 and 169 will be referred to legal counsel for lien filings.  White line citations were issues to lots 92 and 210.

A 30-yard dumpster will be ordered for 10 days during the spring break.

Lot 178 changed ownership.

Mr. Sweeney moved to approve the February Prepaid Bills and Bills for Approval.  The motion was seconded and carried.

Ms. Shockley reported that Brooke Water fixed the streets where water leaks were repaired. 

The County’s street sweeper is supposed to re-commence sweeping service on the third Thursday of the month.  Recent start up was rescheduled due to Papago being a mess.

Ms. Shockley will follow up with the owner of lot 120 to remove the construction materials in the street and the framing that needs to be picked up after the wind blew it down.

Mike Dyer looked at the undermining problem at lot 251, stuck his hand under it, and said it needs pea gravel, and it’s not that major of a problem.  He can put in the gravel for $150.  Mr. Sweeney said he doesn’t think pea gravel will fix the problem, as water will still run under the driveway.  He said he and Mr. Chambers will take a look at it.

Ms. Shockley said she needs a new digital camera, as the HOA camera has been broken for some time, and she has been using her personal camera, which is now not working.  She suggests a video camera to replace the digital camera.  She said she was called a name, again, the other day when she went to an owner’s house to talk about an RV in the parking lot that didn’t have a visitor pass, and the owner yelled at her to deal with people parking on the street, and called her a bitch.  She would like back up when she deals with owners because of the abuse.  Mr. Baker suggested that she merely have the vehicles towed away rather than deal with warnings to owners.  He said there are some cameras that will shoot 30 seconds of film, which would assist in these situations, and with speeding vehicles.  Mr. Baker asked her to figure out what equipment she needs and make a proposal next month.  Mr. Sweeney proposed we just make a motion now and do it.  Mr. St. George moved to approve the HOA’s purchase of a digital/video camera in an amount not to exceed $500.  Mr. Sweeney seconded the motion, and the motion carried.  Ms. Lyons asked that Ms. Shockley turn on the camera at the beginning of conversations with owners and guests.

Ms. Shockley reported that she spoke with the Arizona Utility Commission regarding Brooke Water issues, specifically the problem with the asbestos pipe in the street.  She had previously telephoned Brooke Water in California, and Mr. Hardcastle, one of the top executives, answered the phone.  When she told him of the asbestos problem, he told her that they can’t help us, and we need to seek another course of action.  Within a half hour, water company personnel showed up to clean up the bad pipe.  Ms. Shockley was told by Brooke Water administrative personnel not to talk to their field personnel, and she had to refer an owner to Brooke Water directly, since she wasn’t allowed to talk to their on-site people about water problems.

Mr. Beard reported a mud hole at his property, which he felt was due to Kenko running over his apron when the sewer was installed.  He said he had fixed the problem, but when the water line broke recently on Papago, there was 2-3” of water in his garage.  Mr. Beard said the center of the street is 1.5” higher than his house.  He also said that Earthscape gave him an estimate a long time ago, with a letter and pictures that were provided to Kenko and the Association.  He said water pools in the street as well.

Mr. Baker said the Association tried to put in a drain at lot 112, but the owner wouldn’t give us an easement, but the Association did some work in a couple of areas that were affected.  He said the Association told everyone to go after Kenko, but they are now bankrupt.  The sewer district isn’t taking responsibility; the sewer district paid Kenko, and they had their own inspectors.

Mr. Beard said when his neighbors wash their boats or cars, the water floods into his yard.  He said a swale may help, and he conceded that he did not vigorously pursue the problem at the time.  Mr. Baker said he thought they had fixed a couple of problems at the time.  He said the sewer district should be responsible, as it was their job.  They had the right to enter the property, but they were supposed to put things back the way they were before the project.  Mr. Beard was told that Doug Konkright is the person to contact at the sewer district.  Mr. Stroud wished him good luck, as he has had the same problem. 

Mr. Baker replied to an inquiry about use of the earmarked Kenko funds by stating that the money was used to protect our streets, specifically the drain on Papago, the berm on Hopi, and to repair sinkholes.  There were no expenditures from those funds made on behalf of individual owners, and the Association can do an accounting of exactly where it went.  Ms. Thomson reported there is approximately $1,000 left from the $18,600 total funds available.

Mr. Sweeney said that we have not seen the last of the problems caused by the water main break.  He saw mud shooting out the cracks when their trucks turned around.  He said there are cracks opening up, and three of four houses are affected by the big water main break.  Mr. Beard said his telephone line was saw cut and had to be patched with asphalt in front of his garage.  He asked if the Association could help him financially.  Mr. Sweeney said he has had to drain water that came from others onto on his property.  Mr. Beard said he will contact a contractor, but he is concerned about HOA streets too.  He has owned his house since 1996, and nothing this serious has occurred since the sewer.  He said he would like to install a drain down the side of his house and will need to cut into the asphalt patch.  Ms. Shockley can take before-and-after photos.  Mr. Beard showed his photos to Ms. Shockley.  The repair can be done with either hot mix or black concrete.

Mr. Sweeney moved to approve the February General Manager’s report.  Mr. Chambers seconded the motion, and the motion carried.

Mr. Sweeney reported that he spoke to Mr. Lemme today about the north boundary when Mr. Lemme was shooting for Brooke Water.  They spoke for about two hours, but they never came back to that side of the wall.  He said the pins are in the right spot, but he is supposed to shoot the pins at the wall and mailboxes.  Mr. Sweeney said he still needs to meet with Mr. Lemme to confirm the boundaries.

Mr. Baker reported that the interim election of Rob Troxler to the Board last month was invalid, because the item was not on an agenda, which is required.  He also stated that there would not be a special meeting called for the purpose of discussing the 24’ height matter, as requested by Mr. Chambers last month.  Mr. Baker said Mr. Chambers could do a presentation at the Annual Meeting on the issue.

Mr. Baker talked about Ms. Shockley and Mitch no longer being able to provide security on holiday weekends.  Mr. Stroud suggested we contact Dick Webb.  Ms. Shockley said she would call him, and she will also call the Sheriff’s Office to inquire about the possibility of getting an off-duty officer to provide security.  Mr. Chambers said that years ago when the mini-trucks met at County Park, off-duty security was provided at $31 per hour.  Ms. Shockley said she would do it during the daytime, but not at night.  Mr. Baker said he ran it by Hal Collett, and he asked Ms. Shockley to call the Sheriff’s Office and anyone else she can think of, and find out the costs.  Ms. Shockley said she wants Mr. Baker to tell owners that the Association will not tolerate threats, verbal abuse or name calling to her.  She also wants owners informed that the Board stands behind the actions of the General Manager and that she will be recording discussions with owners, with the recorder going on as soon as she steps out of her vehicle.

Mr. Baker asked how best the Association can deal with the roof mess at lot 10.  Mr. Chambers suggested the property be condemned.  Mr. Baker asked Ms. Shockley to contact the building department to have the property condemned, as it’s a hazard.  The 2006 lot clean up fine was reversed, due to the owner not being the legal owner at the time the fine was assessed (but subsequently getting his property back last summer).  However, a new $500 lot clean up fine is to be assessed immediately for the continual poor condition of the structure.  No further warning is to be given.  Mr. St. George suggested getting Dale out again, and Mr. Chambers suggested also getting Terri Crawford to visit the site.

Mr. Baker asked Ms. Shockley to get the owner of lot 120 to move the lumber that is still sitting partially in the street.  Mr. Sweeney said the project was red tagged because there was no engineering on the slab, and they were going to build a two-story on an old slab.  Wind blew half of the framing down.  Mr. Baker said the owner has to submit new plans and engineering.

Mr. Baker reported an inquiry submitted by the owner of lot 115 concerning the occupancy limit of rental properties in accordance with the Arizona Fair Housing Act, and HUD, which allows two people per bedroom.  Mr. Baker did some internet research prior to the meeting, and the clause referenced is not applicable to our area.  33-1317 doesn’t apply if you’re an owner of three houses or less.

Mr. Baker said that Hal Collett wants Steve Biro of the Sheriff’s Office to make a presentation at the Annual Meeting on a comprehensive emergency evacuation drill that will take place on Wednesday, May 14.  It involves a hypothetical haz-mat catastrophe at the gate, blocking that escape route.  They will be evacuating people from the Keys in boats.  The Sheriff also said they would address dam break disasters; they have charts showing what would happen if certain dams on the river go, and those charts will be brought to the meeting.

Mr. Svider asked if Alan Nelson will be at the meeting, and Ms. Thomson said she would request his presence, or another boating officer if Nelson is not available.


The meeting adjourned at 7:10 p.m.
Mr. Stroud submitted to Mr. Baker his resignation from the Board, effective immediately.
Submitted by Recording Secretary, Sue Thomson