| LAKE MOOVALYA
KEYS, INC.
Board of Directors
Regular Meeting
FEBRUARY 1, 2010
CALL TO ORDER
President Gary Svider called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:05pm.
PRESENT
President: Gary Svider
Vice President: Jack Sweeney
Secretary/Treasurer: Chuck Baker
Board Members: Blane Coon, Laura Lancaster, Chris Chambers, Brandon Johnson and Rob Troxler
ABSENT
Board Members: Joe Price and Squeak Kossnar
OTHERS PRESENT
Guests: Carla Faulkner (RGR), Shelby Couch Lot 224 and Stan Vescio (Willoughby Contractor)
General Manager: Cheryl Shockley
Legal Counsel: John C. Churchill
INTRODUCTIONS
MINUTES
Jack Sweeney moved to approve the Minutes of the Regular Meeting of January 4, 2010. The motion was seconded and carried unanimously.
Jack Sweeney moved to approve the Executive Session Minutes of January 4, 2010. The motion was seconded and carried unanimously.
CALL TO PUBLIC
FINANCIAL REPORTS
Blane Coon moved to approve the January Balance Sheet. The motion was seconded and carried unanimously.
Blane Coon moved to approve the January Profit and Loss Statement. The motion was seconded. Discussion: Mr. Chambers asked if the amount for grounds and landscaping included the recent work that had been done. He was informed that it did. The motion carried unanimously.
Jack Sweeney made a motion to approve the Bookkeeper’s Report, January Prepaid Bills and Bills for Approval. The motion was seconded and carried unanimously.
BOOKKEEPER REPORT
Submitted by Sue Thompson
1/26/10
I will be working on getting year-end financials to you, along with a proposed 2010 budget, prior to next Monday’s Board meeting. I was hoping to have them done by now, but my calendar is overwhelmed. These documents need to be approved at your February 1 meeting so we can prepare and send the Annual Meeting Notice, Agenda, Absentee Ballot, 2009 financials, 2010 budget and 2009 Annual Meeting Minutes to homeowners prior to the no-less-than-30-day deadline before the meeting date.
Nothing new on the Lot 201 (Grybowski) reckless driving fine dispute.
A rental security deposit was refunded to Lot 66 (Mark & Kristi Thompson) as they are no longer renting; they are now living in their house.
Lot 180 (Steve Haney) closed escrow and has filed for a variance with the County, requesting a 5’ front yard setback variance for new construction on this vacant lot.
I see on John Churchill’s recent invoice that he reviewed trustee’s sale documents on Lot 112 (Welchance). I did not receive a notice—sometimes I get them and sometimes John gets them, presumably because he is our agent for service of process.
No citations were issued this month.
GENERAL MANAGER’S REPORT
Jack Sweeney made a motion to approve the January General Manager’s report. The motion was seconded and carried unanimously.
Ms. Shockley reported that the gate is still malfunctioning and that Mr. Sweeney was going to call the manufacturer and find out why the LED keeps going out. Ms. Shockley said the gate keeps getting stuck in the open position.
Ms. Shockley reported that all the drains in the Association needed to be cleaned. She stated when it last rained hard that the streets were flooding where the drains were located. She said that the drains were draining into the canals but not fast enough to keep the streets from flooding. Mr. Baker suggested that the drains be cleared right away because another storm was forecasted. Mr. Chambers said that snaking them probably would not work, he suggested hiring Mike Dyer who has a water truck to blow the debris out with water pressure. Mr. Baker asked if the Buckskin Fire Department could do a hose check on the drains. Mr. Chambers said it would depend on what size of coupling was needed so the hose could go into drain. Mr. Sweeney made a motion to spend no more than $1000 on clearing the drains if the fire department could not do the job. The motion was seconded and carried unanimously.
Mr. Sweeney reported that Mr. Kossnar had spoken to Dennis Schaffer (the welder) about the trash enclosure problems but he did not know what had been determined.
Ms. Shockley reported that she has been checking the trash area because of complaints. She stated that she had put down kitty litter in 3 different places where someone had spilled oil or left oil in the trash containers and oil had leaked out onto concrete. She also reported that there was a metal beam sticking out of the first trash area that needed to be addressed.
Mr. Churchill asked Mr. Sweeney if he could start trapping raccoons again. Mr. Sweeney agreed that he would set up a schedule to start the trapping again.
COMMITTEE REPORTS
OLD BUSINESS
Mr. Svider asked that Lot 180 (Haney) set back issue be discussed. Mr. Svider said he felt that there may be an issue with the adjoining neighbor with the carport and asked what would the Board do if that property owner wanted to enclose his carport. Mr. Sweeney replied that he did not think that would ever happen and if you looked at the carport it would have to be tore down and that it could not be enclosed. Mr. Baker said that some one had tried to enclose a carport that had burnt down on Yaqui in the past. That property owner had tried to go out an extra foot or two and the Association made him take it down. Mr. Baker also said that Dick Speilman had asked to go out on his carport on Moovalya Drive and the Board had turned him down. Mr. Baker asked why Mr. Svider wanted this discussed, when it couldn’t be done.
Ms. Shockley said that the Community Development had advised Mr. Haney to request the 15 foot set back because if approved then he would have his 5 foot set back. Ms. Shockley said she had written a letter to Community Development stating that Mr. Haney had already come to the Association and had asked for a 5 foot set back and had been told that the Board could not give him the set back he was looking for because the CC&R’s clearly state a 10 foot set back. Ms. Shockley said in the letter she had stated that the Keys CC&R’s are for a ten foot set back and she had supplied Community Development with a copy of the section of the CC&R’s that state the rule.
Mr. Churchill said that what the County does has no bearing on this issue, what their variances and setbacks are mean nothing. The Association CC&R’s are contractual and every one who buys into the Keys are bound by them.
Mr. Chambers asked Mr. Churchill about late fees being charged; since the new law passed didn’t the Association have to wait for a certain period before charging these fees. He said he received the first quarter bill and late fees were charged on for the pervious quarter that he had not paid. Mr. Churchill said the change in the statues did not have any thing to do with charging late fees; it is on how you enforce and attach a lien to the property if the fees are not paid. Mr. Sweeney asked Mr. Chambers basically you did not pay your last quarter dues and you got a late charge, you have until the 15th of third month of the quarter being billed and if you do not pay by that time, when you receive the next quarters billing you will be billed for being late. Mr. Sweeney said that he did not see any thing wrong with the late fees and how they were being billed.
NEW BUSINESS
The Board advised Ms. Shockley to send a lot clean up letter to the owner of lot 198 (Coykendall) and express to him that the tree by the lift station needed to be trimmed back.
The Board discussed the 2010 Annual Budget that Ms. Thomson had provided. Mr. Baker asked if the Association had any plans for the streets for the year because nothing was budgeted. Mr. Svider was hoping that Terry of T&C would be in the area before the budget came out so he could have give the Association a short and long term cost for the budget but at this time T&C had not been in the area. Ms. Shockley said that the streets had been seal coated and the cracks filled in 2009, so nothing should be done in 2010. Mr. Chambers asked that when T&C gave their estimate of the streets that the Association should also get another bid and suggested asking Sunland Asphalt for an estimate. Mr. Baker said that while the streets were still in good shape the Association should consider doing slurry. The Board suggested raising the street budget to $5000.
Mr. Svider questioned the Accounting expense for 2010 being a lot less than in 2009. Mr. Sweeney explained that every other year the Association must do a review of the bookkeeping which is much more costly than a complied audit of the books.
Mr. Baker questioned the raising of the dues that was brought up at the last meeting. He said that he did not think that the dues needed to be raised at this time. Mr. Sweeney explained that the bridges and the streets had been done in 2009 and that was what made the expenses look like the Association was not meeting the costs going out for 2009. For 2010 there were no major projects expected.
The Board agreed to raise the budgeted cost for the trash enclosure to $5000.
Blane Coon made a motion to approve the Annual Budget with the above changes to the streets and trash enclosure. The motion was seconded and carried unanimously.
OPEN COMMENTS
Mr. Svider said that he would exclude himself from the discussion of Lot 10 Willoughby because of a possible conflict of interest.
Stan Vescio reported to the Board on behalf of Mr. Willoughby. He reported that Mr. Willoughby had got his demo permit and submitted plans to the County and was proceeding with the remodel of his home. The demo part and trash would be gone by the end of the week. Mr. Baker asked if he was demolishing the whole house. Mr. Vescio replied that he was leaving the foundation and the north side of the building and would be replacing the walls of the house with the same slump stone. Mr. Vescio said he would provide the Board with the new set of plans. Ms. Lancaster said that Mr. Willoughby still owed the County $1015.25 and Ms. Shockley stated that Ken of Community Development said they would not even look at Mr. Willoughby’s new plans until he paid the money that was owed to them since 2008.
Mr. Vescio asked what did the County have to do with the Association. Ms. Shockley and Mr. Baker both replied if he was not paying the money owed to the County, then he was not progressing with his building. Mr. Vescio said that he had a faxed receipt from Mr. Willoughby showing he had paid the County $1100.00 and he had paid the Association’s $750 construction deposit.
Mr. Vescio asked Ms. Shockley what business was it of hers to go to the County and check up on Willoughby. Ms. Shockley stated that it was her job and that she had to inform the Attorneys that where hired to make Mr. Willoughby comply with the Association’s CC&R’s, work had begun even if he had passed the deadline placed in the demand letter. She asked Mr. Vescio why the Board was not informed that work would be starting and why the County received the new plans and the Association had not.
Mr. Vescio said that Ms. Shockley was not professional in driving by Lot 10 and giving hand and facial jesters. Ms. Shockley stated that she was doing her job by driving by and looking at the work that was being done and it was too bad that Mr. Willoughby did not like it, if the Board had been informed that work would be starting all of this could have been avoided. Mr. Baker said that the Board has been putting up with Mr. Willoughby for the past 10 years and they want progress.
Mr. Sweeney said that the discussion was going nowhere and that Mr. Vescio was there only to give a report of the progress of Mr. Willoughby. Mr. Svider said that part of this would be discussed in the Executive Session. Mr. Svider said that since Stan had contact with Mr. Willoughby, he thought he should come to the meeting and give a report.
Regular meeting adjourned to executive session at 6:50pm.
Meeting reconvened to regular session at 7:30pm
ACTIONS TAKEN FROM THE EXECUTIVE SESSION
Mr. Baker told Mr. Svider that Laura was to remain the liaison to the Attorneys. Mr. Baker said that Mr. Willoughby must submit the plans to Jack for review and make the necessary recommendations, the plans will then go to the Attorneys so that they can negotiate will Mr. Willoughby. Mr. Baker also stated that no Board members were to have any contact with Mr. Willoughby including Mr. Svider himself, all communication should be between the Association’s Attorneys and Mr. Willoughby.
Mr. Svider said that he had not been home today when Mr. Willoughby came by his house. Mr. Sweeney said Stan was supposed to drop the plans off at his house before the meeting but that he did not. Mr. Svider replied that he did not know anything about that, he had just asked Stan to come to the meeting to give the Board an update, since he did not know what work Mr. Willoughby was doing.
Mr. Baker told Mr. Svider that the Boards main concern is that Willoughby conform to the setbacks and the height and the major concern is the time frame and that’s for the Association’s Attorney to negotiate with Mr. Willoughby, to get the job done within a time line that everyone can agree upon.
Mr. Svider asked that in the best interest of the Association due to a conflict of interest, would the Board like him to resign. Mr. Sweeney told Mr. Svider that if he felt it was a conflict of interest than he should resign. Mr. Sweeney asked Mr. Svider if the conflict of interest issue was because Stan (his son-in-law) was working on the project. Mr. Svider replied yes that was what conflict of interest he was referring to. The Board was in agreement that Stan’s working on the project was not the issue. Mr. Troxler stated that the Board’s concern was that Mr. Svider not have contact with Willoughby. Mr. Coon said that Mr. Willoughby has been stringing the Association along for over 10 years and the only thing that has gotten him going was hiring this new Attorney and that the Board was not going to let the Attorney go and that on behalf of the Association, the Board is going to pursue this matter until its resolved.
Ms. Shockley state that this whole issue could have been avoided if Mr. Svider has communicated with the Board, that Mr. Willoughby had contacted him and was going to start working on his property again.
ADJOURNMENT
The meeting adjourned at 7:40pm
Submitted by Recording Secretary, Cheryl Shockley
APPROVED BY THE BOARD OF DIRECTORS, MARCH 1, 2010 |
