Board of Directors
Regular Meeting
JANUARY 12, 2009

President Gary Svider called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:08 p.m.

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

Guests:  Jay Louis
General Manager:  Cheryl Shockley
Legal Counsel:  John C. Churchill

Joe Maxwell moved to approve the Minutes of the Regular Meeting of December 1, 2008.  The motion was seconded and carried unanimously.

Jay Louis was asked by the Board for a proposal to refurbish the bridges within the Association’s canals.  Mr. Louis discussed removing 4’ of old wood siding from the high water mark.  Mr. Louis told the Board that he would leave the support peelers, he would then mount (6) 4X6 treated beams with 1 ½” to 2 ½” gaps between beams down to 8” from high water mark.  The top 4X6 would connect to existing wood structure.  All beams would be exposed.  The beams on the approach walls would possibly stick out past wood siding, but the beams on underpass walls would be flush with wood siding.  All beams would be fastened to concrete structure with ½” redheads or all-thread with epoxy.  Mr. Louis advised that his proposal did not include any chip out of concrete or any other concrete work that may be required.  Mr. Louis said that the wood material would not be the same as it is now, because he cannot locate a source of such wood.  Mr. Kossnar believed that the same wood beams could be located in the Colorado area and said he would research on how much it would cost.  Mr. Chambers asked Mr. Louis if there was an alternative? Mr. Louis replied that without removing the rotted out boards and seeing what is left underneath, he could not make a determination at this time.  Mr. Baker asked Mr. Louis what the biggest expense would be and Mr. Louis explained that the labor would be.  Ms. Lancaster asked Mr. Louis what the life expectancy would be for the bridges after he was finished.  Mr. Louis replied that he thought the bridges would hold up for at least 20 years.  Mr. Baker suggested that block be used and Mr. Chambers responded that it could not be done.  Mr. Baker suggested that one bridge be done at a time.  Mr. Sweeney suggested picking the bridge that gets the least traffic to start on.  It was determined that the bridge by Smisek’s house would be the best bridge to start on because it gets the least traffic and is not very visible to passer-bys.  Mr. Baker asked Mr. Louis what the cost of opening the bridge up for inspection would be.  Mr. Louis responded that he did not know what the cost would be; it would be on an hourly rate.
Mr. Baker made a motion for Jay Louis to open up the bridge by Smisek house for inspection by the Board of Directors on how to proceed with refurbishing the bridges.  The motion was seconded and carried.
Chris Chambers moved to approve the December 2008 Balance Sheet.  The motion was seconded and carried unanimously.

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

The HOA needs to choose another long distance carrier for the 667-4484 Verizon line before April 1, even though Cheryl makes long distance calls on her personal line because she has free long distance with NPG.  Ms. Shockley reported that she does make long distance phone calls on the 4484.  The Board asked Ms. Shockley to have Ms. Thompson chose the most cost effective long distance carrier.

Joseph Arnold (lot 209) did not pay his proposed settlement amount within the prescribed time.  Ms. Shockley reported that she had met with Mr. Arnold on December 11th to discuss his lot conditions and the decision of the Board of Directors to lower his $580.00 citation to $150.00. Mr. Arnold was argumentive and told Ms. Shockley that the weeds did not belong to his property and that the weeds in question belonged to his neighbor who had planted Mint to prevent soil erosion into the canal.  Mr. Arnold responded in another letter to the Board dated December 12th, that this area is behind a concrete wall and is not visible from the street side and there is a gate on the canal side preventing the Arnolds access.  Ms. Shockley responded that there is a gate that is not locked and there is no wall separating the properties and that she has accessed the Arnold’s property from that access every time.  Ms. Shockley told Mr. Arnold that the first clean up notice was for the massive weeds on the sides of both properties and that Mr. Richards had cleaned his side, which was pictured in the original notice that was sent on April 21st.  Ms. Shockley said she had provided all the documentation that was sent to Mr. Arnold concerning his lot, when she met with him. Mr. Arnold said he now knows that the problem is the side of the house, but in documentation that Ms. Shockley gave to Mr. Arnold it stated the front of property and the side of house, not just the side of the house.  Ms. Shockley told the Board that the original warning notice that was sent on September 15, 2008 – was for the entire property, which clearly states “Overgrown Vegetation and or Weeds at 8740 Hopi Drive.  Ms. Shockley tried to explain to Mr. Arnold that the “Citation” was sent 30 days after he did not comply, and it stated the side of the property because that was the most serious problem.  Mr. Sweeney said that the Board had made a motion in the December meeting to reduce the citation and clean up fee from $580 to $150, under the stipulation that Mr. Arnold pay within the allotted time, which he did not.  The Board said the original citation will stand at $580 and asked Ms. Shockley to turn over all documentation to the HOA’s Attorney for legal action.

We currently have $2,025 in unpaid fines on lots 69, 95, 120, 201, 209 & 255. 

Sterling Pratt (lot 120) has not paid anything since last month’s final notice (total outstanding is $1,470).  Travis Caves, lot 169, called on 12/3 to say he needed two weeks to “reorganize”.  Nothing received as of yet, (total outstanding is $825).  Marcia Riddle, lot 200, will receive a final notice (total outstanding is $795).  Gerald Robeson (lot 57, in foreclosure) owes $480, and he owes $580 in clean-up fines and costs for lot 255.

17 late fees were charged for delinquent dues to lots 57, 64, 70, 90, 95, 120, 154, 162, 163, 164, 169, 175, 182, 200, 232, 237 & 255.

The Board asked Ms. Shockley to advise Ms. Thompson to provide a spreadsheet with each month’s reports that show lots with unpaid dues and unpaid fines.  The Board also asked that Ms. Thompson turn over all late accounts over to Churchill for liens to be filed.

No citations were issued.

Mr. Baker made a motion to approve the Bookkeeper’s Report, Prepaid Bills and Bills for Approval.  The motion was seconded and carried.

Ms. Shockley sent out (1) Lot Clean up letter to lot #56 (Jim Smith) and asked that the trailer be removed that is being stored on the vacant lot.  Ms. Shockley reported that Mr. Smith complied. 

Ms. Shockley said that the leaks behind the mailboxes and the trash enclosure were repaired.

Ms. Shockley sent out a warning letter to Mr. Gene Bermel, Lot 129-8652 Yaqui Loop, about a boulder that he had placed in the front of his property.  Ms. Shockley met with Mr. Bermel on December 28th to discuss moving the boulder because it was a hazard. Mr. Bermel explained to her, that he had placed the boulder there because his neighbor had run over his water meter box on several occasions and had broken it.  Mr. Bermel complied by moving it further back on his property.  Mr. Sweeney and Mr. Kossnar both stated that even though the boulder was moved further back on the property it was still an eyesore.  The Board members were asked to drive by Mr. Bermel’s property to make a determination if the boulder was still a hazard and if it should be removed because it was an eyesore.

Ms Shockley reported that she had issued a warning letter to Joe Hanen, Lot 221-8854 Riverside Drive about a 5th wheel trailer that was parked on his property and that is was believed that Mr. Hanen’s father was living in the trailer.  After meeting with Mr. Hanen it was determined that the trailer would be removed from the front of his property within the week.  Ms. Shockley stated that the trailer had been moved.

Ms. Shockley reported that she had spoken with Russ at Verizon about the asphalt patches on Yaqui, she said that the repair work was still ongoing and that as soon as possible the patches would be fixed as the HOA requires either with black concrete or hot mix.

Ms. Shockley presented a proposal from T&C Seal Coat for the following work, clean all asphalt areas of complex with power blowers and brooms, apply hot rubber crack fill to cracks 3/8” or larger and apply asphalt resurfacer sealcoat using lay down squeegee machine.  Proposal amount:  $29,765.00.  Ms. Shockley was asked when was the last sealcoat performed and she stated it had been done in the spring of 2007 and before that it had been spring of 2004.  Mr. Baker said the streets are in good shape and suggested that the Board stay on the schedule of every two years to help maintain the streets.  Mr. Kossnar asked if any thing else could be used to fill the cracks because he felt the hot rubber did not work.  The Board discussed if it would be cost effective to have the cracks filled in the spring and have the sealcoat done in the fall.  Mr. Svider asked Ms. Shockley to get a proposal from T&C for a proposal for just filling the cracks and to ask T&C what the cost difference would be to do it in two phases.

Mr. Coon reported that Apache Loop seemed to have a lot more cracks than the other streets, especially in front of his house and the Derby’s.  He also noted that Buckskin Sanitation District was flushing water through the sewer on a weekly basis and wondered if there was a problem.  Ms. Shockley said she had not seen any activity when she made her rounds. 
Height Review – Chris Chambers reported that he was still working on his proposal and asked what the latest cutoff date would be to submit it to the Board for approval so it could be presented to HOA for a vote at the annual meeting.  Ms. Shockley said that a date needed to be set for the annual meeting before a determination could be made on a cutoff date.  Mr. Baker told Mr. Chambers that he was not opposed to a height increase, but he believes that there needs to be rules in place.  Mr. Baker said he did not like the idea of limiting a Santa Fe style house to 18’ and that the set back issued needed to be addressed further.  Mr. Baker also told Mr. Chambers his proposal must include allowances for parking or a minimum for garage space, he used the Vega/Pratt house as an example, stating it was all house with a small garage.

Mr. Sweeney said that the 18’ rule should remain intact and suggested a proposal for a whole new rule for building up to 28’ with “buffers”.

Mr. Churchill advised the Board that a special meeting notice may not be less than 10 days and no more than 50 days.
Mr. Svider reported that Lot 10, Willoughby taken down the beams in front of his property on river side and had also removed his neighbor’s palm tree for future construction.  It was determined at the last code enforcement hearing in December that Mr. Willoughby had complied with all that Judge Drum had asked him to do.  The next hearing is scheduled for June 2009.

Mr. Sweeney reported that he had nothing for the Board concerning the Renter’s lawsuit proposal, because of being busy due to the holidays.  Ms. Lancaster asked Mr. Sweeney if he had a chance to review the latest draft she had emailed him.  Mr. Sweeney responded that he had not received the email.  Ms. Lancaster told Mr. Sweeney she would re-send the last proposal and Mr. Sweeney told the Board that he would be better prepared at the February meeting.

Ms. Lancaster discussed the issue of lot survey certification and the new FEMA Flood Plan rating of AE.  Ms. Lancaster said she had been receiving emails and calls about a new FEMA map, which shows Moovalya Keys in the Flood zone and that mortgage companies are making homeowners secure flood insurance that could range from $1200 up to $4000 per year.  Ms. Lancaster asked the Board if there was something they could do as the HOA to offer the community information about this matter.  Ms. Lancaster said there was a surveyor in Lake Havasu that would come down to our area and give homeowners a discounted rate for a group rate.  The Board made the decision that this matter was not an HOA issue, it was up to individual homeowners to get their own surveys done if needed.  Ms. Shockley asked if she could post the information on the website and was advised by the Board not to do so at this time.

It was decided by the Board of Directors that the Annual Meeting would be scheduled for Easter weekend, Saturday April 11, 2009.
The meeting adjourned at 8:05pm
Submitted by Recording Secretary, Cheryl Shockley