Board of Directors
Regular Meeting
MAY 4, 2009

President Gary Svider called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:02 p.m.

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

Guests:  Carla Faulkner (RGR), Gary Anslyn Lot 113, Gene and Sandra Huffman Lot 250 and Dan Dickinson Maintenance/Landscape
General Manager:  Cheryl Shockley
Legal Counsel:  John C. Churchill

Jack Sweeney moved to approve the Minutes of the Regular Meeting of April 6, 2009. The motion was seconded and carried unanimously.

Joe Price moved to approve the April 2009 Balance Sheet.  The motion was seconded and carried unanimously.

Jack Sweeney moved to approve the April 2009 Profit and Loss Statement.  The motion was seconded and carried unanimously. 

Submitted by Sue Thompson

The five plaintiffs in the rental security deposit lawsuit, and Jaschke (Lot 171) were billed on 4/15 for the mandatory security deposits.  Thus far, only Lot 166 (Lancaster-Smet) has paid.  In addition, Cheryl has brought to my attention several additional short-term rentals for which we have no security deposits.  Notices are going out this week to Lots 50, 57, 64, 75, 89, 112, 133, 160 & 214.  A few of these lots were previously sent statements, but they have refused to pay.  Perhaps now that the lawsuit is resolved we will have better results.  In addition to mailing statements to those property owners, Cheryl will deliver a copy to the appropriate rental agents in her attempt to collect security deposits, and I will update the board monthly on our continuing collection efforts.  A separate Rental Status report is being submitted by separate attachment.

All eight VDMA owners have paid their annual trash assessments.

Delinquent accounts and their status are listed on the enclosed spreadsheet.

No citations have been issued.
Squeak Kossnar made a motion to approve the April Bookkeeper’s Report, Prepaid Bills and Bills for Approval.  The motion was seconded and carried unanimously. 

Ms. Shockley reported that Mr. Dickinson had taken over the landscape and maintenance and was doing a good job so far.  He had cleaned up two areas, behind the mailboxes and by the boat ramp area, these are areas that Mr. Roberts neglected to do even when asked.  Ms. Shockley said that she had given Mr. Dickinson a key to the shed so he could have access to the equipment and such that was stored inside.  Mr. Kossnar reported that he had gone to Davis and bought sprinkler supplies so that Mr. Dickinson could fix broken sprinklers when needed.

Ms. Shockley told the Board that Mr. Dickinson was asking that some additional equipment be supplied to aide him in his job.  The equipment needed is a weed trimmer, hedge trimmer and a leaf blower, all gas powered.  Mr. Baker said that the Association had some equipment; Ms. Shockley stated not these particular items.  Mr. Baker asked what the cost of these items would be.

Mr. Dickinson presented a cost sheet on the equipment.  Mr. Baker said he thought the equipment should be purchased; he stated that the three pieces of equipment total approximately $1500.  Mr. Dickinson said he priced the most expensive equipment so the Board would have a place to start.  Mr. Sweeney stated that he thought the three pieces could be purchased for approximately $1000. 

Mr. Sweeney stated that he had all this equipment and was not using it at this time; he asked if Mr. Dickinson would try out his equipment and let the Board know if it was adequate for the job he was doing.  If it were not then at least the Board would have a direction to go in when purchasing the equipment needed.  Mr. Baker made a motion to set a limit of $1500.00 to purchase the equipment needed for landscape and maintenance purpose.  He also said that Mr. Sweeney was to oversee the purchase of said equipment.  The motion was seconded and carried unanimously. 

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

Mr. Svider asked if anyone had any committees that they wanted to be added.  He also asked is any Board member wanted to be on any of the committees that were now in place.  Mr. Svider stated at this time no new committees would be added and all old committees will remain as they are.

Mr. Svider stated that he thought that the CC&R’s should be reviewed, he stated that last year this was not achieved as planned, because of more pressing issues.  Mr. Sweeney, Mr. Kossnar and Mr. Baker stated that they thought there was no need to review the CC&R’s and that the CC&R’s have been in place for years and that there was no reason to fix something that is not broken.
Ms. Shockley presented a proposal for Security for Memorial Day Weekend, which included her over seeing the daytime shift and Mr. Mitch Cosby and Ms. Wendy Wynkoop being on duty for the night time hours of 6pm to 6am.  Ms. Shockley stated the cost for the services for all parties involved is $20 per hour.  Mr. Baker made a motion to accept Ms. Shockley’s proposal.  The motion was seconded and carried unanimously.

Maeck, 8692 Navajo and Huffman, 8702 Navajo flooding problems next to the common lot.  Mr. Sweeney stated that he had shot elevations of the two lots and found that there was a 7 & ¾ inch drop from the gate to the lot.  The houses are virtually at street level and there are some places that are an inch or two above the street but not many.  Mr. Sweeney said that the property at 8702 at the back door was about 10 inches below the street and it is collecting water like a swimming pool.  Mr. Sweeney said that Mr. Huffman does not have many options to his flooding problem except to dig a channel thru his neighbors yard and drain it through the wall into the common lot.  Mr. Sweeney stated that he felt that this type of drainage was the only solution to prevent future flooding of Mr. Huffman’s and Mr. Maeck houses.  Mr. Baker asked where the water was going to drain to and Mr. Sweeney stated that it would drain into the lot and out to the street towards Hopi.  Mr. Baker stated that he felt that this would create a bigger problem because the Association already had drainage issues on Hopi.   Mr. Price asked what the natural flow of the water was and it was discussed that if the wall were not behind Mr. Huffman’s house the water would continue on into Don Braun’s lot.  The issue of whose property the wall was on and it was not determined.  Mr. Baker felt that the wall had been erected many years ago when the Keys had been first developed.  The Board discussed that Mr. Braun would not be receptive to having this water drain onto his lot.  Mr. Huffman said he felt that if he could drill approximately (3) drainage holes in the bottom of Mr. Maeck’s wall it would alleviate both his and Mr. Maeck’s flooding issues in the future.

Mr. Svider asked if the Board was in concurrence that the solution was for Mr. Huffman to get Mr. Maeck’s permission and drill several drainage holes in Mr. Maeck’s wall to drain into the common lot.  The Board agreed it was.

Mr. Svider asked the Board if the new bridges should be sealed and stained.  The Board agreed that this needed to be done as soon as possible and asked Ms. Shockley to get several estimates from painters and email the estimates to the Board so that they can ok the work to be done before the next meeting.

Mr. Svider brought up the issue of sign replacements, did any one notice if any of the Association signs need replacement.  Ms. Shockley said that several years ago, she had told Ms. Thomson that there were words missing from several of the bridge signs.  Ms. Thomson was never replaced the signs.  Mr. Kossnar said he would check with Jerry Hooper, who had opened a sign store about replacement signs.

Mr. Svider brought up the seawall by Plunkett Realty.  Mr. Svider stated that Mr. Plunkett is seeking permission to paint a sign on the seawall advertising his realty business.  Mr. Kossnar is against the letting Mr. Plunkett paint his sign.  Mr. Baker said he would not like to live across the canal from an advertising sign like the one Mr. Plunkett is proposing.  Mr. Sweeney asked where in the CC&R’s did it say that Mr. Plunkett could not paint the sign.  Mr. Churchill said that in section 12.4 of the CC&R’s it states that’s “No sign of any kind shall be displayed to the public view or from any Lot or any Common Areas without the approval of the Association or the Design Review Committee.”   This section is for all lots whether commercial or residential.  In section 12.2.11 it states, “With the exception of one “For Rent” or “For Sale” (which shall not exceed 18” X 24” in size) no signs shall be erected, place or permitted on any lot.  Mr. Kossnar made a motion to not allow Mr. Plunkett to paint a sign on his seawall advertising his business.  The motion was seconded and carried unanimously.

Mr. Svider advised the Board that Larry St. George had sent a letter of resignation effective May 1, 2009.  Mr. Svider asked Ms. Shockley to post the absent vacancy on the website and let any parties who were interested, submit a small bio and attend the next regular board meeting which will be held on June 1, 2009.   Mr. Baker asked why Mr. Maxwell was still on the Board it seemed to him he had missed at least 3 meetings, plus he had not attended the Annual Meeting.  Mr. Baker also wanted to know Mr. Chambers had not attended the Annual Meeting, Ms. Shockley told the Board that Mr. Chambers had taken his son motorcycle racing the week of the Annual Meeting. Ms. Shockley told Mr. Baker that Mr. Maxwell had not missed (3) meetings in this calendar year; so far he had only missed (2).

Mr. Svider asked the Board for nominations of Officers for the 2009-2010 year.  Mr. Baker nominated Gary Svider as President.  The motion was seconded and carried unanimously.  Mr. Baker nominated Jack Sweeney as Vice President.  The motion was seconded and carried unanimously.  Mr. Sweeney nominated Chuck Baker as Secretary/Treasurer.  The motion was seconded and carried unanimously.

Mr. Churchill asked Ms. Shockley for updated dues amount on the following properties: Richards, Lot 208 Hopi, Riddle Lot 200 Hopi.  Ms. Shockley told Mr. Churchill she would ask Ms. Thomson to provide the information to his office and Vega/Pratt Lot 120

Mr. Churchill advised the Board that a Mechanics lien had been filed on the Vega/Pratt property, lot 120 by a company who had provided materials to the site.  Mr. Churchill told the Board that the Association had a Superior lien by Arizona law and our lien goes ahead of theirs.  Mr. Churchill filed an answer and the company a called and acknowledged this. 

Adjourn to Executive Session at 7:25pam

Mr. Sweeney made a motion to reduce Arnold’s citation to $150.00 plus attorneys fees, if in fact a check was received.  If no check was received, the original amount stands.  The motion was seconded and carried unanimously.

The meeting adjourned at 7:36 pm
Submitted by Recording Secretary, Cheryl Shockley