Board of Directors
Regular Meeting
AUGUST 4, 2008

President Gary Svider called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:07pm.

President:  Gary Svider
Vice President:  Jack Sweeney
Secretary/Treasurer:  Chuck Baker (Absent)
Board Members:  William (Squeak) Kossnar, Brandon Johnson, Joe Maxwell and Larry St. George, Chris Chambers and Blane Coon
Board Members:  Laura Lancaster and Al McPherson

Guests:  Carla Faulkner (Robert Gory Realty Property Manager), Trish Pollett Lot 43, Dave Johnson Lot 74 and Richard Vicari (Color Arts Landscape)
General Manager:  Cheryl Shockley
Legal Counsel:  John C. Churchill (Absent)

Mr. Kossnar asked for correction of July 7th Executive Session that Brandon Johnson was absent.  Mr. Kossnar moved to approve the Minutes of the Regular Meeting of July 7, 2008.  The motion was seconded and carried unanimously.

Mr. Chambers moved to approve the July 2008 Balance Sheet.  The motion was seconded and carried unanimously.

Mr. Sweeney moved to approve the July 2008 Profit and Loss Statement.  The motion was seconded and carried unanimously.

Neil Lance (lot 40) paid his rental security deposit.  Sue returned a construction deposit to Jamie Klugman (lot 225). 

Sue is still waiting for John Churchill’s reply to her revised Rules & Fines document.  She will follow up with him when he returns from his summer vacation after Labor Day.

Sue transferred $10,000 from the General Account into the Reserve Account.

A lot clean up fine is being assessed to Scott Coykendall (lot 198) in the amount of $500, plus the cost of clean up by Mike Roberts.  Sue has not posted the clean-up cost to his account, as she doesn’t have that figure yet.
White line citations were issued to lots 120 (2), 157 (2), 212, 40, 66 & 114.  Reckless driving citations were issued to lot 120 (2).  Lot 120 also received a $200 fine for parking in the lot 8 days beyond the 7-day maximum.

Sue reported she picked up some copies of a lengthy complaint letter that the Habermann’s (lot 229) sent to the individual Board members regarding a recent incident between Cheryl and the Habermann’s son and two subsequent voice mails.  Chuck’s copy has a cassette tape with purported recordings of the voice mails Cheryl left at their home and their work.  Sue doesn’t know where the other Board members’ copies are, but there was a pink slip from the post office for pick up of further mail from the Habermanns.  She will scan the letter tomorrow and email it to everyone under separate cover. 

Mr. Sweeney moved to approve the Bookkeeper’s Report, July Prepaid Bills and Bills for Approval.  The motion was seconded and carried.

Committee Reports
Mr. St. George stated he believes the HOA is spending too much in water costs to water the grass and oleanders, he believes if the HOA goes to a low maintenance landscape it would look better and be more cost effective. Mr. St. George introduced Richard Vacari a landscaper from Havasu and passed around a rough sketch, which showed a desert landscape, which is similar to the new Terrible Herbst’s gas station in town, it depicted small mounds and walkways and bench were the grass area is now.  The plan includes removing the grass area and replacing the large oleanders along the Riverside Drive with a block wall.  It also includes removing the oleanders that border the common lot and replacing with a small block wall.   But Mr. Vicari’s proposal does not include the price of the block walls.

Jack Sweeney asked Mr. Vacari in the sketch the oleanders are still there, does that mean they will not be removed?  Mr. Vacari explained that he was just showing were he would start the landscaping, that the proposal includes removal of the oleanders.  Mr. Sweeney then asked if the pathway was going to be concrete and Mr. Vacari stated that the whole project would be a quarter minus product, which is crushed rock, similar to granite.  The rolling mounds will consist of dirt and covered with the crushed rock, the pathway will be flat and a roller will be used to construct it.  The plants are octillios and agaves, which are low maintenance plants.  Mr. Vacari explained that the project could use one or two color rock scheme, the pathway and mounds could be constructed with a dark colored rock and a lighter colored rock could be used for the basic frame around the grounds.  Mr. Sweeney asked if the proposal included sprinklers and Mr. Vacari responded that he would be removing the existing system and capping off what will not be used and tap into the one or two that he will use and install individual bubblers to each plant and it will all be tied in with the HOA timer has in place.  The system will be programmed to come on once a week and run for a maximum of ten minutes.  Mr. Vacari stated that this landscaping should cut the HOA’s water bill substantially.  The boulders will be one to two feet and be cherry mist in color. 

Mr. Johnson asked what the projected cost of his proposal was and Mr. Vacari responded that the entire landscaping proposal was $13,255.00.  Mr. Johnson asked what the price of the block walls was going to be, Mr. Chambers and Mr. Maxwell responded that the block walls were expected to be approximately $80 per foot.  Mr. Vacari explained that his proposal also included that after the removal of the oleanders at the trash area, gray rock would be placed up to the street area, this will also be the case on the common lot side of street.  After the grass area is removed Mr. Vacari will put down plastic material to keep grass and weed from growing through the need landscape.

Mr. Kossnar suggested that instead of a small block wall for the common lot, maybe large boulders could be placed and be more cost effective.

Mr. Vacari said most of the cost of the proposal is the removal and disposal of the oleanders. 

Mr. Johnson stated that he thought the cost of the new block walls and new landscaping was too high and it would take 10 years to offset the water cost savings.  Mr. Johnson likes the grass area at the entrance and does not want to see it replaced with this type of landscaping. 

Mr. St. George stated that homeowners wanted a more updated entrance area and to be more Eco friendly that is the reason for this landscape proposal.  The reason to remove the oleanders from the common lot area is that it is dangerous when pulling out because it’s hard to see over the oleanders.

Trish Pollett asked Mr. St. George that last meeting it was discussed that this area was to be made more pet friendly.  And that without the grass area it was going to hard to find somewhere for dogs to be able to go to the bathroom and exercise and such.

Mr. Sweeney stated that it would be inconceivable at this time for the board to make any decision on any changes to the front entrance area until the issue with the property north of the is settled.

Mr. Kossnar reported that he was in the process of having Mike Roberts trim down the oleanders at the common lot for better visibility.  He also suggested that the Board consider the large boulder concept for the lot instead of a block wall that can be damaged when backed into.  Large boulders would be easy to see over but they would still provide a barrier for the lot and if someone backed into a boulder they would damage their vehicle more than the boulder itself.  Mr. Johnson suggested that a speed limit of 10mph be posted at the entrance of the lot to slow down people at that area. 

Ms. Shockley reported that the following vacant lots were given 30 day letters to clean up their lots:  25, 175, 180 and 207.  Lot 25 was cleaned and 180 were in the process of being cleaned.  Lot 198 Coykendall was cited $500 for not responding and Mike Roberts cleaned the lot.  Lot 175 and 207 had not responded as of date.  Mr. Chambers advised that he knew the owners of lot 207 and he would get a hold of them to make arrangements to have it cleaned.  Lot 10 Willoughby was also sent a clean up letter and Mr. Willoughby had come the previous weekend and cleaned the lot and removed the trailer that had been parked in front of house since the beginning of the year.

Ms. Shockley reported that Buckskin Sanitation had investigated the claim that Lot 120 Vega/Pratt drains were hooked into the sewer, but found this not true.

Mr. Sweeney made a motion to approve General Manager’s Report. The motion was seconded and carried.

Mr. Kossnar reported that he went into the Community Development and was told by Ken that Lot 10 Willoughby was served with the abatement notice by certified mail dated August 4th and that a hearing was set up for August 20th at 9am in front of Judge Drum, who was the judge for code enforcement for La Paz County.  It was determined that any board members who could attend and Cheryl Shockley should be at the hearing.

Ms. Shockley reported that Lot 198 Coykendall wanted to have the $500 citation waived because he had spoken to Mike Roberts about the lot cleaning and he agreed to pay for the work the Mr. Roberts had done this time and the previous time that Mike had cleaned up the lot prior to the Annual meeting.  Mr. Roberts told Ms. Shockley it was a miscommunication on his part and Mr. Coykendall should not have to pay the fine for his not responding in time.  Mr. Kossnar said that the fine should stand and that Mr. Coykendall has had Mr. Roberts clean his lot before and Mr. Roberts has had to wait a long time to be paid and that could be one of the reasons Mr. Roberts did not respond in a timely manner.  Mr. Sweeney stated that if Mr. Coykendall paid the HOA for the both of the cleanings and in turn the HOA would pay Mr. Roberts for his services then the fine would be waived.  Mr. Sweeney made a motion that the HOA would waive the $500 fine, if Mr. Coykendall paid for both of the lot cleanings in a timely manner.  The motion was seconded and carried.

Mr. Svider brought up the letter from Ms. Habermann Lot 229.  Mr. Svider found it confusing that Mr. Habermann had come to our meeting on July 7th and did not mention the incident.  Mr. Sweeney found it hard to believe that the Board would call Cheryl to the carpet on an incident that happened a year ago, when in fact fireworks are illegal in the county of La Paz County, furthermore Ms. Shockley should be allowed to enjoy the privacy of her home and dock without being taunted or harassed by anyone.  Mr. St. George and Mr. Kossnar both stated that Sparklers are fireworks and they too are illegal.  Mr. Sweeney stated that Ms. Shockley was doing her job the year before when asking the Habermann’s not to do fireworks and she did not deserve to be taunted in her off time by the Habermann’s while she passed in her boat or was enjoying her patio.  Ms. Shockley told the board that last year she was not drinking on the 4th of July because of there being no security and she felt if she or Mitch had to go out and stop firework use, it would not look good to have been drinking.  Besides the 4th fell on a Wednesday and both her and Mitch had regular jobs to go to early the next day.  Mr. Svider stated that he felt the Board did not need to address this letter or incident and Mr. Kossnar agreed and stated that Ms. Shockley was doing a good job.

Mr. Johnson stated that he thought the hand written signs on the gate were tacky.  He said that other homeowners had commented on it also.  Mr. Johnson stated that he did not need hand written signs stated that the speed limit was 15 mph and that if you sped you would be cited.  He also stated that the hand written signs were doing nothing for property values.  Mr. Sweeney responded that the reason for the signs was that Memorial Day weekend the reckless driving was out of control and the Board decided to make a point of the 4th of July holiday that this was the last straw if the behavior of reckless driving continued then the Board was going to have to take action.  The first step was to draw attention to the speed limit by the numerous signs to give warning that you would be cited if you disregarded the speed limit.  Ms. Shockley apologized for the signs still being up on the gates and said they would be taken down the next day. 

Mr. Johnson said the HOA was not a park like BLM and it could not outlaw Rhinos, it was a community and that the board had tried to outlaw golf carts several years previously and it did not happen then.  Mr. Kossnar told Mr. Johnson that in the CC&R’s it clearly states no unlicensed drivers and Ms. Shockley said it also states in the CC&R’s that no unlicensed vehicles are allowed on the streets in the HOA.  Mr. Johnson then asked if the Board really thought that these handwritten signs did any good.  Mr. Sweeney, Mr. Kossnar and Mr. Coon said the signs did slow down underage drivers and they also brought attention to the parents of these individuals that steps would be taken if the reckless driving continued.

Mr. Johnson then asked about the property next to the Keys and how he had heard that the new owner had offered money to improve the entrance to the Keys if he was allowed access.  Mr. Sweeney replied that he and Chuck Baker had met with the owner but no resolutions were made and at this time nothing has come of the issue and that’s were it stands at the moment.

Ms. Shockley reported that she had an estimate from Parker Tree Service in the amount of $750 to trim the 7 palm trees and to cut back the trees at the boat launch area on both sides of the bridge. Mr. Sweeney made a motion to approve the estimate that Parker Tree Service submitted in the amount of $750.  The motion was seconded and carried.

Mr. Sweeney asked that the rental issue be continued until he knows how long each has been renting.  Ms. Shockley stated that the report she gave to all Board members shows who has paid and who has not paid their $1000 deposit.  She stated that 5 of the rental houses are in the lawsuit, so they have not paid.  4 houses are new renters this summer, but have not paid the deposit, they include the following:  Lot 69 Cooper, Lot120 Vega/Pratt, Lot 133 Bough and Lot 171 Jaschke.  And Lot 64 Standrod, Lot 89 Schroth and Lot 112 Welchhance/Kennison have been renting their houses the past two summers and have not paid their $1000 deposit.  21 rental houses have paid their $1000 deposit.  Ms. Faulkner stated that lot 69 has never been rented and probably wont be do to the fact the house needs work done on it and lot 120 has major problems, the times she had it rented out she had to move her renters to other houses, so both of these houses will not be rented in the near future.  Mr. Sweeney stated he thinks it still unfair that two thirds have complied with paying their security deposit and one third has not paid and is not making any effort to pay and that includes the 5 that are in dispute.  Mr. Sweeney once again advised the Board, either go forward and collect the unpaid deposits or drop the issue, because the Board has been talking about it for four years and we are still no closer in resolving it.  Mr. Svider asked if all the homeowners that have not paid their deposit have been sent notices and Ms. Shockley responded that all have been sent statements some have been billed at least three times.  Mr. Svider stated that three months ago the Board advised Mr. Churchill to proceed with the lawsuit and still there has been nothing done by the HOA’s council and now with Churchill being on vacation for the month of August, it will be dragging into the month of September before the Board knows if anything is being done in this matter.


The meeting adjourned at 7:29pm
Submitted by Recording Secretary, Cheryl Shockley