HAMOCK BEACH ESTATES HOME OWNER’S ASSOCIATION, INC.

P.O. BOX 350668

PALM COAST, FL. 32135

MEETING MINUTES OF

JANUARY 14, 2009

ATTENDANCE: All members of the Board were in attendance, President Robert Hamby, Vice-President Sara Clarke, Secretary Larry Amuso, Treasurer, Steve Robinson and Operations Director Peter Healey. Regular members in attendance were Michelle Austin, Larry Anderson and Harold Clarke.

1. President’s comments: The President thanked the previous Board for their work and dedication with a special thank you extended to Larry Anderson, the past president. The President voiced a hopeful goal for this administration i.e., the completion of the roads and drainage situation. He also brought up the review of the C&R revision, in particular, addressing zero landscaping and the new Florida Friendly Landscaping movement and any changes necessary to bring us into compliance with state laws. He appointed Gary Fairly, Larry Anderson, and Steve Robinson as an ad hoc committee to evaluate and recommend to the Board any needed changes to the 2007 Committee prepared revised CR’s before submitting to the Association for approval.

2. Call to order and adoption of the agenda. The meeting came to order at 7:05PM. Proof of Meeting was established by the Secretary by indicating that the announcement of the meeting was posted by the President on the Web page, and also posted at the Pool bulletin board. Sara Clarke moved that the agenda be accepted as presented. Steve Robinson 2^nd. The motion passed.

3. Minutes from previous meeting: The President asked for a motion to accept the minutes as presented and to dispense with the reading. It was so moved by Steve Robinson and 2^nd by Sara Clarke. The motion passed.

4. Establish the meeting calendar for 2010: The meetings for 2010 are:

a. January 14 @ 7:00PM @ at Sara Clarke’s house.

b. April 15 @ 4:00PM @ pool

c. July15@ 4:00PM @ the pool.

d. October 7, @ 4:00PM @ the pool.

e. Annual meeting on Dec.2, 2010 at the Malacompra Civic Center.

The Secretary was directed to contact the County Parks and Recreation Department and reserve Malacompra Civic Center facility. A $150.00 fee is required.

5. Committee Appointments for 2010: The President appointed the following:

a. Fining Committee: Frank Carelli, Edythe and Tom Guggino, with alternates being Mike Joyce and Gary Fairley.

b. Architectural Committee: Alicia Anderson and Roger Demen.

c. Road and Drainage: Frank Carelli, Larry Anderson, and Harold Clarke.

d. C& R Revision Committee: Steve Robinson, Larry Anderson, Roger Demen, and Gary Fairley.

e. Beautification Committee: Sara Clarke and Alicia Anderson.

6. Treasusrer’s Report: Steve Robinson presented the attached report. Sara Clarke moved that it be accepted as presented. Peter Healey 2^nd. The motion passed. Steve also pointed out that a letter received from Taylor & Carls, P.A. indicated that the foreclosure on 42 Cottonwood is still in abeyance. A $250.00 fee was paid to them to follow the procedures in order for us to, at the appropriate time, file claim for unpaid dues. This fee covers only this foreclosure. The Board decided to follow another route in the future.

7. Operations Report: Peter Healey advised new sinks for the bathrooms have arrived, others items on the agenda are that there are many weeds on the walk over pathway (he will see to spraying) the grass around the pool needs a weed and feed application, the pool decking needs to be refurbished (seeking to accomplish before late spring use of the pool). Also the walkover will need to be sealed in the near future. The dry and & wet ponds will be evaluated for treatment. Harold Clarke was recognized for tending to the pool during the past freeze. The pole for AIA indicator was replaced.

8. C & R Enforcement: Sara Clarke advised that the $3,000.00 lien placed against one the properties in the neighborhood, needs to be recorded at the courthouse. Steve Robinson will contact our lawyer to inquire about the process. Sara also mentioned that she sends out “Get Well Cards, & Sympathy Cards. She requested that if any one present knows (as well as any member reading these minutes) of anybody that is ill or has lost a loved one to advise her.

9. Architectural Committee: The President pointed out that there is one architectural review pending and that he appointed a new member to the committee, Roger Demen.

10. Beautification Committee: Sara Clarke informed that the South side of the pool is not complete in shrubbery installation and will be completed in the near future. She and Alicia Anderson are accepting volunteers to assist in the task. Please give either a call.

11. Road and Drainage Committee: Larry Anderson reported that he and two board member (Steve Robinson and Larry Amuso) and Dennis Bayer, HBEHOA’s attorney met with Craig Coffey and Hal Hadeed in regards to roads and drainage December last (2009). At this meeting it was our intent to get a commitment from the county, which was accomplished. The committee was advised that a letter would be sent sometime during the beginning of the year (2010), for signature on an agreement of how the $42,000.00 bond put up by Gedeco, (a defunct business) is to be used. Hal Hadeed was concerned about the reluctance of some residents in the use of this money. The money is purportedly to be used for engineering study and superficial road repair until such time more significant paving needs to be done. Larry Anderson recommends that Mr. Hadeed’s office be reminded of this and that this association is in anticipation for needed action. Steve Robinson will contact Dennis Bayer to follow up. In regards to drainage, Mr. Anderson recommends that the county officials be impressed upon to remove conservation restrictions so that these drainage “ditches” can be maintained. Mr. Anderson presented to the board an e-mail in communication with county and the copy of a letter sent to Mr. Coffee on Dec. 4, 2009. Please see attachments.

12. New Business: Steve Robinson moved that Steve Steele, who presently receives $200.00 year for his services, be raised to $400.00. Larry Amuso 2^nd. Discussion revealed that $400.00 would cover his expenses for gas (goes to the post office in town to collect mail weekly), tolls, check writing, stamps, envelopes etc. The motion passed.

13. Member’s forum: No comments were forthcoming.

14. Adjournment: The meeting was adjourned at 8:45PM

Respectfully Submitted

Laurence Amuso, Secretary

Mr. Craig Coffee

Flagler County Administrator

December 4, 2009

Dear Mr. Coffee,

As outgoing President, I want to thank you for speaking with our Association members regarding our community road and drainage issues along with the permitting and joined property issue. Your discussion helped to calm some of the concerns facing our members.

In our discussion, I mentioned that we have nine homeowners, which purchased adjoining lots. A number of the lot owners purchased the adjoining lots as a retirement investment, with the intention of selling them at a future date. Designating these as non-separable, non-buildable lots results in destruction of these investments. In light of the recent economic destruction of retirement portfolios, I am sure you understand the concern of these property owners facing additional loses. I am hopeful a rezoning or other remedy can be concluded in the near future.

As I interpreted the road/drainage presentation, the main issue holding back the county’s acceptance of the road maintenance is the condition of our drainage system, which the County feels is not consistent with the original permits. You indicated two possible approaches to identify the drainage variances to the permit. One approach is for the Homeowners Association to request the St Johns River Water Management District (SJRWMD) to inspect the system. As you pointed out, this could have some drawbacks. An alternate approach would be for the county to use a portion of the $42,000 dollar maintenance bond that the developer, Geddeco, placed with the County to fund an engineering firm inspection and review.

I worked with the SJRWMD to bring the Association Dry Pond into compliance and know how to go about executing the first approach. If the Association, through its’ Board of Directors, chooses the second approach, how are they to proceed?

Another issue covered at the meeting is determining the responsibility for correcting the non- compliant items of the drainage system. The property owners, in acquiring their properties, were led to believe that the drainage system was inspected and accepted. In the case of the Association dry pond remediation, while there is evidence that the pond was not constructed to the original permits; the Association was delinquent in its’ maintenance responsibility to such a degree, that the Association accepted full responsibility for bringing the pond back in to compliance.

I believe the Association is willing to accept its’ responsibilities for non-compliant drainage issues within its’ purview. The Association can enforce swale compliance using the Association Covenants and Restrictions for those properties within the Association. Although, some homeowners feel the county should have required the builder to correct swale issues prior to issuing a “Certificate of Occupancy.” Additionally, there are a number of properties within the drainage area that are not Association members. How would these properties be forced to conform?

In addition, you mentioned that a number of the pipes might not be consistent with the original permitting. I also heard this from members of the county staff at a previous meeting. Should this be the case, the Association feels that the developer should have been required to correct those deficiencies prior to receiving approval. The Association property owners relied on the permitting agencies to insure the system met the permit requirement when the systems were approved.

In a letter from the SJRWMD, dated August 11, 2004 and signed by Allan Baggett, Compliance Manager for the District, the Association drainage system was defined as consisting of two wet retention ponds, a small pond off N. Mahoe Drive, the pipes, inlets, drainage swales, and a ditch/canal to convey the water. The letter goes on to say that the drainage system within the development appears to function as designed.

The Association continues to maintain its’ drainage system. However, the Association and property owners unsuccessfully tried on numerous occasions to get permission from the county to clean and maintain the mosquito ditch/canal as we do the retention ponds. As you know, the county and the U.S. Army Corp of Engineers hold a conservation easement over the ditch preventing Association maintenance. As a result, the ditch has become overgrown and clogged to the point the even if the Association/property owners were given permission, the work effort would now be at a huge cost. Furthermore, the Association portion of the drainage ditch only extends from Armand Beach Drive south to Solei Road. The ditch to the north of Armand Beach Drive is not part of the Association. The majority of Association members feel the unsatisfactory condition of the ditch is the result of the county’s inattention to Association efforts. Once the ditch is remediated, I am sure the Association would continue the maintenance as provided for by the SJRWMD letter sited above. This assumes the county resolves the conservation restrictions.

To clarify the history of the ditch easement assignment, the U.S. Army Corps of Engineers took action against the developer, Geddeco, for unauthorized filling of wetland areas within the development. In short, the Corps decided to forgo enforcing the remediation of the wetland. In return the developer was required to assign 3.1 acres of land to conservation. In an effort to maximize the number of buildable lots, the developer assigned areas of drainage swales between houses. The developer also included the mosquito ditch, which had become a drainage canal (with the approval to use the ditch as an outflow from the three (3) retention ponds of Sea Colony). It seems strange that anyone would accept a conservation easement over a drainage system? In fact, the Association has several drainage inlets located within the conservation area. How to clean and maintain those is another question? It might be worthwhile to review the restrictions.

I am confident that the County and the Association/Board of Directors will work through these issues that affect the safety and well being of the community. Below are the members of the new Association Board of Directors.

Bob Hamby, President 446-0473

Sara Clarke, Vice President 446-4693

Larry Amuso, Secretary 447-8572

Steve Robinson, Treasurer 446-0890

Peter Healy, Operations

Thank you again for your attention,

Larry Anderson

Hammock Beach Estates HOA Member

Cc: Melissa Holland, Chairwoman, Flagler County Commissioner, District 2

HBEHOA Board of Directors

HBEHOA Website

Dennis Bayer

Hammock Beach Estates Homeowner Association Mosquito Ditch

Monday, January 4, 2010 1:59 PM

From:

"Larry Anderson" <larry@eappsolution.com>

View contact details

To:

"Coffee Craig" <cmayer@flaglercounty.org>, "Hadeed Al" <ahadeed@flaglercounty.org>

Cc:

"Amuso Larry" <amusol@bellsouth.net>, "Clarke Sara" <clarke32137@bellsouth.net>, "Healey Pete and Debbie" <phealey@bellsouth.net>, "Steve Robinson" <steve.rob53@yahoo.com>, "Bayer Dennis" <Denbayer@aol.com>

Gentlemen,

Thank you for the time you spent meeting with us last month. I hope everyone had an enjoyable holiday and wish all a Happy New Year.

As Chairman of the Association Road/Drainage Committee, I discussed the current mosquito ditch/drainage situation with the Association Board of Directors. From our meeting, we understand the County solutions may take some time to implement. In the past, Association Members requested permission to do maintenance and clean up of the ditch but were prevented due to the conservation restriction over the ditch.

As an interim to the County solution, if the County would remove the conservation restriction, the Association could begin cleaning and maintaining the ditch as we do the Association retention ponds. This would improve the water flow issue as we head into the Summer rain and hurricane seasons.

Please advise your thoughts and what actions will be required.

Larry Anderson

HBEHOA Road/Drainage Committee

Meeting Minutes

Larry Anderson