Board of Directors
SEPTEMBER 8, 2008
CALL TO ORDER
President Gary Svider called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:05 p.m.
President: Gary Svider
Vice President: Jack Sweeney
Secretary/Treasurer: Chuck Baker
Board Members: William (Squeak) Kossnar, Laura Lancaster, Joe Maxwell and Larry St. George, Chris Chambers, Blane Coon and Al McPherson
Guests: Carla Faulkner (Robert Gory Realty Property Manager), Neil and Nicole Lance Lot #40, Gene and Sandra Huffman Lot # 250 and John Drum
General Manager: Cheryl Shockley
Legal Counsel: John C. Churchill
CALL TO PUBLIC
Mr. Huffman addressed the Board about the recent flood damage his home received. Mr. Huffman stated he believed that the new wall that was constructed behind the mailbox area contributed to his home flooding. Mr. Huffman said the wall caused the flash flood to split and surge towards his house and the neighbor’s house. He also stated that the grade of the street contributed to the flooding of his home and suggested that some type of catch basin be installed in the street to divert the water down the road. Mr. Huffman wants the Board to consider extending the wall to boarder the street or eliminate the part of the wall that trapped the water and caused the flooding of his home.
Mr. Chambers suggested putting in a small cold mix berm, starting at the house at the gate and continuing past the two houses that got flooded. He said doing this would catch normal watershed and divert it down the street.
Mr. Sweeney stated that the flash flooding was caused by a culvert across Riverside Drive being blocked and the water built up behind it eventually breaking and sending the water across Riverside Drive into the Keys across the grass area and continuing down to Hopi Drive, where he witnessed the water flowing over the wall at Mary Might’s house into the canal below. Mr. Sweeney stated that when you get 5 inches of rain in less that 40 minutes flash flooding would be the result no matter what the situation.
Mr. Baker stated that years ago their were no houses at the entrance area and when storms hit, the rain water run off the mountains used to cause the houses on Hopi to flood because there was no protection. Now that there are houses there they provide some protection from Hopi flooding out. Mr. Baker stated there hadn’t been a storm this bad in several years. He told Mr. Huffman that eventually the part of the wall that he was talking about was going to be relocated and hopefully that would help with future flooding.
Mr. Sweeney stated that the wall was not built in front of Mr. Huffman’s house and that the mailbox area actually is to the left of his residence and he did not believe the wall played a part in the flooding of the house. Mr. Baker stated the only way to solve the problem was to do something with the oleanders because the area across from the Keys is a natural wash and it comes directly into our property. Mr. St. George said that he had brought a proposal to Board to have the oleanders removed and a wall be built, if the proposal is accepted that would solve the problem.
Ms. Shockley reported that a drain on Riverside Drive across from Circle K got clogged with debris from the storm and her boyfriend, Joe Maxwell and Jack Sweeney spent two hours keeping the drain clear but it did not help because the street had already flooded under water that it flooded out Circle K and the house across the street. The water had nowhere to go except into the Klugman residence, which sustained considerable damage.
Mr. McPherson stated he was not at the last meeting and he wanted to know about Lot 120 and the drains be hooked to the sewer. Ms. Shockley reported that Buckskin Sanitation Dist. had investigated the claim and found that the drains were not hooked into the sewer.
Mr. Sweeney moved to approve the Minutes of the Regular Meeting of August 11, 2008. The motion was seconded and carried unanimously.
Mr. Chambers moved to approve the August 2008 Balance Sheet. The motion was seconded and carried unanimously.
Mr. Sweeney moved to approve the August 2008 Profit and Loss Statement. The motion was seconded and carried unanimously.
Charles & Joan Smith (lots 103/104) are now renting their property, and they paid their security deposit; RGR is their agent. Construction deposit to Dan Mulcahey (lot 151).
Ms. Thompson instructed Cheryl to have our website gal post the new Rules & Fines which John Churchill drafted, and I formatted. Ms.Thomson made some revisions to the new owner letter & enclosures for Cheryl’s use, and the revised letter will be substituted on the website as well.
The lot clean up fine to Coykendall (lot 198) was reversed, due to a misunderstanding about the weed job. There are several fines outstanding (lots 10, 40, 69, 95, 120, 157, 201 and 212). Many of them are quite old, and some lots have multiple fines, such as lots 40 and 120. Ms. Thomson sent delinquent notices to all, as well as to lots 52, 146, 169 and 200 for delinquent dues.
White line citations were issued during August to lots 40 & 212. A reckless driving citation was issued to lot 201. Lot 167 was cited for dog cleanup.
Ms. Thomson will be turning over to Cheryl the computer she has been using (owned by the Keys), as she had ordered a personal laptop computer. Delivery has been delayed until mid-September, as soon as she has transferred everything over to her laptop, she will pass on the desktop computer to Cheryl. The one Cheryl is using is old, and she has been having memory problems. Ms. Thomson reported she was having problems with it when she had it. Maybe the old one can be donated?
Mr. Baker moved to approve the Bookkeeper’s Report, August Prepaid Bills and Bills for Approval. Mr. Baker then amended him motion to include storm damage clean up invoices from Mike’s Contracting and petty cash account. The motion was seconded and carried.
GENERAL MANAGER’S REPORT
Mr. St. George reported that he had problems once again over the Labor Day holiday with the neighbors across the canal. He went once again to the guard shack to report the incident to the Sheriff on duty and the sheriff told him that he could not leave the shack. Ms. Shockley stated that she had specifically told the sheriffs on duty that if any homeowner came to the shack with a problem he was to investigate it and if needed he was told to call in for backup from on duty officers. Mr. St. George expressed his displeasure with his experiences and told the Board that the HOA should not pay for the services if the Sheriff’s on duty was not going to respond to problems. Ms. Shockley asked Mr. St. George why he had not called her and told her what was going on at the time it happened or had called the Sheriff’s department and reported the incidents. Ms. Shockley told Mr. St. George she would come over to his house any time he calls and record what was happening across the canal, so if needed the he would have a recording for a complaint he could file with the sheriff’s department. Mr. St. George stated that this was the second time this has happened, it happened last holiday also and he wanted a refund from the sheriff’s. Mr. St. George said he wanted the sheriff on duty to witness what was going on across the canal, so he would have a witness when he called the Sheriff’s department to support his complaint on what was going on across the canal.
Mr. McPherson asked if we had a signed contract with the Sheriff’s department on what duties the deputies are to perform. Ms. Shockley responded that before the Memorial Day holiday she had give Linc Gilbert a list of duties that the deputies were to perform, but there was not a sign contract between the HOA and the Sheriff’s department. Mr. McPherson asked that next time a contract be written up with specific duties and the deputies themselves sign it. So they know exactly what duties are expected of them.
Mr. Sweeney told Mr. St. George that he had an option to call 911 and report the incident, so it could be on record. That was the course of action that needed to be taken against the repeat offenders.
Mr. Baker asked Ms. Shockley to post the responsibilities in the guard shack and Mr. Shockley responded that they were posted. Mr. Baker also suggested that next year they hire an extra sheriff to sit in his patrol car on Apache Loop if the residences in question still continue in their rude behavior. Ms. Shockley advised that maybe a sheriff could be hired for Thanksgiving weekend this year because that was the approximate time last year when things started to get out of control with Mr. Standrod on Apache Loop. Mr. Sweeney suggested hiring a plain-clothes officer to record the intimidation going on with the other homeowners in the area.
Mr. St. George reported that he had a guest staying at his house over Labor Day weekend who had heard about the situation going on and the guest replied it was like living on “Ghetto Row”, she had only heard how bad it was but she witnessed it first hand and could not believe it.
Mr. McPherson asked what the difference between citing someone for parking over the white line and citing someone for being a nuisance or disturbing the peace? Ms. Shockley stated there was not a rule or fine for disturbing the peace, like the one for parking over the white line, but the CC&R’s clearly state in section 12.6 (Nuisances).
Mr. Kossnar also replied that several meetings ago it was suggested that John Churchill draft a letter on behalf of the HOA, for homeowners such as Mr. Standrod, who are violating the CC&R’s section 12.6 and put them on notice that their behavior will not be tolerated. The HOA needs to start having record of who is the problem and somebody (Homeowner) needs to be the victim when reporting an incident to the Sheriff’s department. Mr. St. George stated that he has never called the Sheriff. Mr. Sweeney replied that that was the problem, the homeowners who are being disturbed need to start calling the Sheriff’s department and get it on record, because if you keep calling eventually some one will go to jail or receive a ticket for their actions.
Mr. St. George also reported that the rental house across the canal from him was shooting off fireworks and they landed in a boat that was parked in the vacant lot next to his house, when he told the Deputy about the incident the Deputy replied he had already received a complaint and was going to check it out. Mr. St. George was told that fireworks are illegal so why did he not call it in and he replied that the Sheriff’s could not catch them doing it. Mr. Chambers stated that there were at least two Sheriff’s Boats out on duty each night and Ms. Shockley stated that she had seen the boats cruising through the canals at night and several homeowners told her they were not happy about it.
Ms. Shockley reported that she received a complaint from Chuck Baker’s mother on Saturday August 30th about a boat across the canal that was playing their music so loud that she could not hear her TV. Ms. Shockley spoke to the homeowner across the canal and the homeowner apologized and turn off the music. Ms. Shockley also report that on Saturday night she received a call from Carla Faulkner advising her that a strange car was parked at the rental property of Mr. Beard’s on Papago Loop. When Ms. Shockley arrived vehicle was moved. Ms. Shockley also reported that she gave a reckless warning to an individual driving a blue Rhino. The individual told Ms. Shockley that he was putting the Rhino away for the evening. Ms. Shockley reported that she observed this individual with a beer in his hand as he exited his vehicle. Ms. Shockley told the individual that he was endangering others driving his vehicle while he was drinking. Ms. Shockley received a report from the Deputy on duty that night that the same individual rolled the blue Rhino on Brooke Water’s hill and the deputy reported that he seemed intoxicated. Ms. Shockley stated she sent a reckless driving citation to 8664 Hopi Drive and advised the homeowner if this individual or any individual was seen driving the blue Rhino recklessly again in the HOA, the vehicle would not be permitted to be driven in the HOA per the CC&R’s. Ms. Shockley also stated that this same individual was cited last Labor Day weekend for driving the same blue Rhino recklessly.
Mr. Kossnar made a motion to approve General Manager’s Report. The motion was seconded and carried.
Jack Sweeney reported that two cameras are out at the guard shack. Camera #1 has a burn in the picture and is only getting half of the picture, #5 is completely out and #3 has water on the lenses. Mr. Sweeney said he could repair #3 but #1 & 5 need to be replaced; the cost will be approximately $1000. Mr. Chambers asked if the cameras needed to be upgraded? Mr. Sweeney said the cost to upgrade the cameras were not worth the cost, he will stick with the infrared cameras that are currently being used. Mr. Kossnar made a motion to replace #1 and #5 cameras with the same kind currently being used. The motion was seconded and carried.
Mr. Svider asked Mr. Churchill where the HOA stood on the new rules and fines that were passed at the annual meeting. Mr. Churchill reported that he had not looked at them in the past six weeks as he was on vacation. Mr. Sweeney said that it stated in the bookkeepers report that they had been reviewed and posted on the website. Ms. Shockley corrected Mr. Sweeney by saying that in the bookkeepers report that Ms. Thompson advise her to go ahead and post the new rules and fines document on the website as she had no response from Churchill’s office on the matter but she had not done it as of yet. Mr. McPherson stated he did not think the information should be posted on the website until Churchill’s reviewed them. Mr. Churchill stated he honestly did not recall receiving anything from Ms. Thompson, but because of the problems that occurred in his office before he left for vacation, he was still discovering things that did not get done. Mr. McPherson and Mr. Svider both suggested once again that nothing should be posted on the website until Churchill reviewed and approved the documents. Ms. Shockley gave Mr. Churchill the documents to review.
Mr. Svider asked if the Board was happy with the agreement with Brooke Water on the launch ramp area. Mr. Baker and Mr. Sweeney asked what agreement and it was discussed about the fence they had erected around their run off area. Mr. Churchill said his office has never heard from Brooke Water concerning the manner and since they only fenced off the run off area, there was nothing to be done at this time, since Brooke Water did not seen to be going forward with the threat of fencing off the boat launch area.
Mr. Svider asked if any decision needed to be made at this time about the oleanders bordering the common lot. Did the Board want to replace with boulders or wall? Mr. Kossnar said he had advised Mike Roberts to proceed in trimming down the oleanders. Ms. Shockley stated that she was not happy with the work that Mr. Roberts was doing, she called and advised Mr. Roberts that he had not cleaned up storm debris at the gate area and that he needed to finish the oleanders immediately. Mr. Kossnar asked Ms. Shockley to write letter to Mr. Roberts about his job performance and what needed to be done to correct the problems. No decision was made at this time about replacing oleanders.
Neil Lance Lot 40 asked if the Board would open a discussion on possibly moving out the white line that is parked in front of his house on Moovalya Drive. Mr. Lance stated that he had paid more for his home just for the reason that it was a wider street and he felt he should not be penalized because the other streets are narrower than his. He stated that there is plenty of room for emergency vehicles to pass on Moovalya Drive and he does not feel the line needs to be so close to his house. Mr. Chambers said that a true fire lane is 20 feet and that a lot of homeowners have less than what Mr. Lance has for parking. Mr. Lance stated that he was aware that he has a lot of citations from his renters parking over the white line, but he said that he does inform his renters the rules and that they will be fined if they park over the line. Ms. Shockley stated that a lot of our rental houses have less room to park that he does and they do not have nearly as many citations as she has given his house in the past six months. Mr. Lance then said he never received any ruling on his protested citations. Ms. Shockley stated she had sent out the information informing him that the Board had upheld all of the citations that were to him, but since he had not received she would send out the notice again. Mr. Lance then questioned whose white trailer was in the lot, stating it had been there for more than the allotted time. Ms. Shockley told the Board she had given permission for Mr. Gallio to keep his trailer in the lot longer because his storage building has suffered storm damage. The Board advised Mr. Lance at this time it did not consider that he had a valid point for moving the white line it would and it would not be fair to other homeowners to do so.
The meeting adjourned to Executive Session at 7:20pm
The meeting adjourned at 8:38pm
Submitted by Recording Secretary, Cheryl Shockley
APPROVED BY BOARD OF DIRECTORS OCTOBER 6, 2008