LAKE MOOVALYA KEYS, INC.
Board of Directors
Regular Meeting
APRIL 6, 2009

CALL TO ORDER
President Gary Svider called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:10 p.m.

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

OTHERS PRESENT
Guests:  Carla Faulkner (RGR) and Trisha Pollett Lot 43
General Manager:  Cheryl Shockley
Legal Counsel:  John C. Churchill (Absent)
           
INTRODUCTIONS

MINUTES
Chris Chambers moved to approve the Minutes of the Regular Meeting of March 2, 2009. The motion was seconded and carried unanimously.

CALL TO PUBLIC
None.
 
FINANCIAL REPORTS
Laura Lancaster moved to approve the March 2009 Balance Sheet.  The motion was seconded and carried unanimously.  Mr. Sweeney reported that he is having problems printing the balance sheet and asked if Sue could change the format when she sends it.

Jack Sweeney moved to approve the March 2009 Profit and Loss Statement.  The motion was seconded and carried unanimously.  Discussion:  Ms. Lancaster asked why there is a negative amount in the lot clean up fees.  Ms. Shockley reported it was probably due to the fact that 

BOOKKEEPER REPORT
Submitted by Sue Thompson

Income tax returns were timely filed, and we paid $1,861 in taxes.

Cheryl and I have collected approximately 40 ballots thus far.

Eight VDMA owners were billed $191 for annual trash service.  The increase we paid was passed on to those owners on a pro-rata basis.  I received one phone call regarding the increase.

Eighteen late fees were assessed for delinquent dues.

Brooke Water sent a letter to an owner whose name and address doesn’t match what I have in my records (Earl Vanderschaaf) saying there’s a vehicle blocking access to the water meter.  The letter was sent to us with a note, “this problem needs to be dealt with.  We are not there.  Chris Chambers is parking there.”  Ms. Shockley stated that she had also received a letter for Mike’s Contracting about blocking the water meter and it just seemed that Brooke Water is being lazy and Mr. Chambers reported

Foreclosure notices were received on lots 127/128 (Warmoth) and 26 (St. George).  It was brought to the attention of the Board that Mr. St. George was in process of moving out of his house and that he had missed the last two Board meetings.  Ms. Shockley also stated that for the past two months she had been receiving the emails back she had sent to Mr. St. George.  Mr. Baker suggested that Mr. St. George’s name be removed from the ballot so someone could be voted on at the annual meeting to take his position.  Ms. Shockley stated that at this time Mr. St. George could not be removed because it states in the CC&R’s that a Board member has to have missed 3 meetings in the calendar year to be removed and Mr. St. George had only missed two this year.  The matter was tabled until the May monthly meeting.
 
Delinquent accounts and their status are listed on the enclosed spreadsheet.

No citations were issued.
Jack Sweeney made a motion to approve the Bookkeeper’s Report, Prepaid Bills and Bills for Approval.  The motion was seconded and carried unanimously.  Discussion:  Mr. Svider asked what made up Churchill’s bill of 1297.49; Mr. Sweeney said it probably had to due with the lawsuit charges.  Mr. Baker asked if T&C’s bill included the striping and Ms. Shockley stated that it did not.  Ms. Shockley reported that the striper would be here the following week and that the price would be approximately the same as before.

GENERAL MANAGER’S REPORT
Ms. Shockley reported that Mike Roberts is still not doing his job.  He left weeds on the ground by the bike rack after he pulled them and did not clean the weeds in the common lot or at the entrance.  Ms. Shockley stated that she had left instructions for Mr. Roberts to clean up these areas before the annual meeting and to make sure all of the Association areas were cleaned up and if he had any questions to call her.  Mr. Kossnar said the Mr. Roberts stopped him and asked what he was supposed to be doing and Mr. Kossnar replied that he did not know, because that was Ms. Shockley’s job to advise him.  Mr. Kossnar reported that Mr. Roberts stated that he did not answer to Ms. Shockley because she did not sign his check, that he answered to Ms. Thompson.  Mr. Baker asked if Ms. Shockley had give Mr. Roberts notice about his work and his attitude towards homeowners?  Ms. Shockley stated that she had.

Mr. Kossnar said that he had received a proposal from an individual who lived in the Association and was eager to do the job.  Ms. Shockley read a two-page proposal from Dan Dickinson, which outlined the work to be done for the Association.  Ms. Lancaster asked if his proposal was for the same amount as we are paying now and Ms. Shockley stated that is was, $125.00 per week.

Mr. Baker asked if Ms. Shockley had gone around with Mr. Dickinson and explained what was needed and she stated that she had.
Mr. Baker made a motion to hire Mr. Dickinson and to terminate Mr. Roberts immediately.  The motion was seconded and carried unanimously.

Ms. Shockley reported that Les Challoner had asked her to bring before the Board the idea of having one recycle bin in the trash enclosure area.  Mr. Challoner would put up the signs and would maintain it.
Mr. Baker made a motion to let Mr. Challoner have one bin in the trash area for recyclables and that the sign he puts up be compatible with existing signs.  The motion was seconded and carried unanimously. 

Ms. Lancaster asked that something be posted on the website for homeowners are aware of the recycle bin in the trash area.

Ms. Shockley stated that she had sent out approximately 20 weed letters and to date most homeowners had complied and cleaned up their properties.

Ms. Shockley reported that Mr. Oddo’s annual meeting notice and statements were returned with no forwarding address and she has asked Plunkett to provide.

Ms. Lancaster reported that she observed that some one was occupying the building and the living in the trailer on the lot.  Ms. Shockley said that was the property next door, Charlie and Christie May’s property and that they do live in their building but no one is living or staying in the trailer.  Ms. Lancaster said it seemed like they are using the trailer as an extension to their home and that she observed them in and out of the trailer all weekend long that she was there.

Ms. Shockley reported that she had an incident with Jimmy Smith’s brother letting his friends stay on his vacant lot within in the Keys without Mr. Smith’s permission.  Mr. Smith’s assistant Greg told Mr. Shockley that he would get in touch with Wendell and tell him staying over night on the lot was not permitted.

COMMITTEE REPORTS
Mr. Sweeney reported that he had received a set of plans from Randy Smith 8847 Yaqui Loop to enclose the carport and make it a three-car garage.  He stated that 1/3 of the carport was enclosed at this time and Mr. Smith wants to remove existing plywood and put up a nice garage using the fascia as the farthest point out and stuccoing it.  Its an existing roof line and does not exceed 18 feet.  Mr. Sweeney said the sides are within the 5-foot setbacks, but he does not believe it is a 10-foot setback, but he is not building beyond the existing structure.  Mr. Sweeney made a motion to accept the plans.  The motion was seconded and carried unanimously.
 
OLD BUSINESS
Bridges:  Mr. Sweeney stated that he had found a supplier for the wood siding to be used and it was .90 cents per linear foot.  Mr. Sweeney estimated that the total amount needed for all (3) bridges was 5360 linear feet with a 10 per cent waste factor.  Mr. Sweeney presented a bid from Molzahn Construction, which included the price of the lumber for $19,809.00, which was .05 ½ cents cheaper for them to buy than the Association.  Ms. Shockley brought a bid from Johnson-Manley in the amount of $20,500.00. 

Mr. Baker asked Mr. Sweeney what happens if it takes more time and material to do the bridges than what was bid.  Mr. Sweeney said that Molzahn’s bid was complete with a 10 per cent scrap.  The bid included tie-ends, all the framing behind the spruce to run horizontally continues through the bridges.  The bid also includes all the nailers to straighten out the bridges. 

Mr. Svider asked what the time was for completion of the project and Mr. Sweeney said it would be approximately 3 weeks, with a two-week period for order the lumber to be delivered.  Ms. Lancaster said that they would make it close to Memorial week and it could interfere with the boat traffic.

Mr. Kossnar made a motion to except the Molzahn proposal for $19,809.00.  Discussion:  Mr. Baker asked for a little more detailed proposal so there were no question what was going to be done.  Mr. Baker also suggested that the Association pay for the material when delivered and pay the labor for each bridge as soon as completed.  The motion was seconded and carried unanimously.

Mr. Sweeney said that he told Molzahn that they could use Kirk Daniels pontoon boat deck for the project, in return for the use the Association needed to pay the welding cost to fix the leaks in the pontoons which was going to be approximately $200.  Mr. Baker made a motion to spend $200 to fix the pontoon leaks.  The motion was seconded and carried unanimously.

Mr. Svider said the next hearing on the Willoughby issue was set for May 17th, Ms. Shockley said that it was set for June 17th which was 6 months time for which the county set for the next set of improvements on the property.  As of date there has been nothing done since the last hearing that was in December 2008.  Ms. Shockley also stated that she had sent out a weed letter to Mr. Willoughby but he had not complied yet.

NEW BUSINESS
Ms. Svider asked if anything needed to be to the Annual Meeting Agenda.  Ms. Svider asked Ms. Shockley to check on the guests and see if the Sheriff’s wanted to send a representative from the Boating Safety Department.  Ms. Shockley said she had spoken with John Drum, the newly elected to Supervisor of District #2 and he said it was a possibility that he would be able to attend.

Mr. Svider asked Mr. Baker who gave the financial statement was it Ms. Thomson or did he used to do it?  Mr. Baker said he usually asked if anyone had any questions, but no one usually had any, but if it came up then the questions could be referred to Ms. Thomson to answer.

Mr. Svider asked if there should be mention of a second vacancy on the Board at the meeting and Mr. Baker replied that yes it should be mentioned that there could possibly be another vacancy.  Ms. Shockley asked that if someone wanted to be on the Board from out of town that they needed to make the effort to be at every meeting like Laura Lancaster does. 

Mr. Svider asked about past projects that needed to be discussed.  It was suggested that the street seal coat and striping be mentioned and also the bridge project.

Ms. Lancaster asked that something be posted at sign-in or be mention before the meeting for people to hold off on they’re voting until all

OPEN COMMENTS
Mr. Chambers asked that next time T&C Seal Coating does the crack filling that they do it correctly by using some type of wand to get into the cracks to blow out all the debris.  Mr. Chambers reported that all T&C used was a large fan to blow off the streets and they did not clean out cracks correctly.  Mr. Chambers stated that he had a Cal Trans person look at the cracks and he reported that the materials used were correct to fill the cracks but without the proper preparation such as blowing out the cracks completely all they are doing is filling on top of sand, dirt and debris.  Mr. Baker asked that T&C be put on notice that they did not do the preparation correctly and if any problems arise they are responsible for them.

Mr. Chambers brought up the two houses that were damaged due to the flash flood that happened in August 2008.  He reported that the owners wanted to know there was any progress into getting a wall put up to guard against this happening again.  Mr. Chambers told both homeowners that at this time there was not.  Mr. Chambers reported that Mr. Huffman lot 250, 8702 Navajo wanted to put in a drain in his backyard and run it through his neighbors yard and to drain it off into the common lot to prevent his home from flooding again.  Also when Brooke Water had a water main break at the Dickinson property the water drained down the street onto both Mr. Huffman’s and Mr. Maeck’s property.  Mr. Chambers suggested that a small asphalt berm be installed in front of these two properties to avoid this problem.  Mr. Chambers stated since all the overlays on street the water is not draining away from these properties any more it is draining onto them. 

Mr. Sweeney said he was not sure that the Association wanted that much water dumped on the common lot against the wall from the drain that Mr. Huffman wanted to construct.  He said there could be a lot of erosion and damage to the wall if this was allowed. 

Mr. Baker said if the Association put a berm in front of these two properties then other homeowners would come and say they have flooding issues that they want addressed.

Mr. Chambers said that the Association has added to Mr. Maeck’s flooding problems because we have continued to put more gravel in the common lot and it has built higher than his property and so the water has no where to drain except onto his property.  Mr. Chambers stated that Mr. Maeck was willing to pay for the gravel to be pulled away and cut the lot down a little and put the gravel back.

Mr. Sweeney asked Mr. Chambers to help him shot some elevations of the properties so that the Board can have a better understanding on how to proceed with this matter.

Ms. Shockley reported that she would bring a proposal to the May monthly meeting for security for the major holidays during the summer.  She stated that she was not satisfied with the job that the La Paz County Sheriff’s who did last year and that Mr. Cosby was willing to do it again this year if he could find someone to help him with the night time hours.  He would man the gate and have a roving person doing the drive through in the golf cart.  Ms. Shockley said she would iron out the details and present it at the May meeting for approval.

ADJOURNMENT
The meeting adjourned at 7:25pm
Submitted by Recording Secretary, Cheryl Shockley

APPROVED BY THE BOARD OF DIRECTORS, MAY 4, 2009