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Community Meeting Prior to the Board Meeting scheduled for May 20, 2004, an information session on the condition, care and maintenance of the community storm water retention ponds and the north/south drainage canal was scheduled. Mr. Allen Baggett, Compliance Manager, St. Johns River Water Management District; David Zeno, Flagler County engineer; and Edward Danley, Field Manager, Lake Doctors, Inc., Aquatic Management Services, were invited to give presentations and respond to questions and comments offered by the homeowners and guests. Mr. Baggett called to say he would not attend two days before the meeting Mr.Danley was informed by Joe Bowen after learning that Mr. Baggett had cancelled that it would not be necessary for him to attend the meeting. Mr. Zeno was present. Robert Thomason informed those present that Mr. Baggett would be in the subdivision on May21 to inspect the retention ponds and the north/south canal. Robert introduced Mr. Zeno and explained to Mr. Zeno that the homeowners had pertinent questions on the canal and were looking to Mr. Zeno for answers. The homeowners whose lots border the drainage canal had most of the questions dealing with what they could and could not do to shore up the bank of the canal and/or clean and maintain it. Frank Carelli expressed significant concerns that left uncorrected, erosion could in fact cause undue stress and potentially damage his home slab and footings. Mr. Zeno was unable to respond directly to many of the questions and was unaware if the county had accepted the conservation easement when it was granted to the county by the developer. Most of his responses were in effect that a lot of things had been done over the years in the Hammock area that were improper and the county had never done anything to correct the situation. Mr. Zeno did offer to ask the county administration to take responsibility for cleaning the north/south drainage canal from the Sea Colony fence to Malacompra Road on a one-time basis. Harold Clarke wanted to know just how the work would be done. Would the county bring in large equipment and trucks or would the cleaning be done without the use of heavy equipment? Mr. Zeno's response was that it would be done without the use of heavy equipment. At the conclusion of the session Mr. Zeno further agreed to ask the county administration to take responsibility for maintaining the canal on a continuing basis. Robert Thomason thanked Mr. Zeno for attending the meeting, at which point there was a five-minute recess prior to the Board of Directors' Meeting. Board Meeting The abbreviated Board Meeting commenced at 8:00 p.m. The following Board Members were present: President, Robert Thomason; Vice President, Sara Clarke; Treasurer, Peggy Steele; Secretary, Anita Rohr, and Operations Coordinator, Joe Bowen. The following homeowners, all invited by notice enclosed with the minutes and by the posting of a notice on the community bulletin board, were also present: John Bonner, Dorothy Drexler, David and Marie Miller, Harold Clarke, Joe and Carol Sermarini, Sandor Kadar, George DeMeglio, Lou Ciasulli, Bob and Debbie Mazanec, Frank Carelli, and Bob Rohr. Jay Fisher, who is not a member of the HOA, but lives on N. Mahoe was also in attendance. Robert Thomason invited the attending homeowners to add to future agendas or make comments or to ask questions which could be answered at the present meeting. Lou Ciasulli brought up the problem of dog owners not picking up after their dogs. Robert informed him that it was the subject of a County ordinance and complaints should be directed to the County. Lou said it was a C&R problem and that the purpose of the fining committee was to enforce the C&Rs so that neighbors did not have to confront offending neighbors personally. Robert said the subject would be put on a future agenda. Harold Clarke expressed dismay over the putting off of agenda items that were requested by motion, seconded and approved by homeowners at the annual meeting, i.e., looking into the failure of the developer to construct a "club house". Bob Rohr agreed with Harold on "Board procrastination" on several issues and specifically asked as one example, the status of Lot 2 where a commercial building has been constructed which he believes is in direct violation of C&Rs. Robert Thomason responded that these item are lengthy and promised to get to them. Frank Carelli brought up that at a previous Board meeting some time ago, someone asked about the compliance status of the storm water retention ponds and ever since, most of the Board meetings have been taken up by discussion of the ponds. Robert stated that Mr. Baggett was coming to inspect the ponds on Friday, May 21, and hopefully a lot of these questions on the ponds would be answered. John Bonner questioned the reason for the price bid on a fence for the pool which fence wouldn't be needed for at least three years. Robert stated that the bid was requested for budget planning purposes. A short discussion followed concerning the Board's bidding process in that financial decisions have been made using sole source instead of competitive bids. Pool keys were an example cited. Robert said that competitive bids would be utilized wherever possible. Debbie Mazanec suggested placing benches at the end of the dune walkover. Robert said that the suggestion would be placed on the next agenda. -
2. Architectural Review Matters. There were two requests for ARC approval. Joan and Lou Luceri were requesting approval for a pool and the necessary enclosures. Jack and Betty Cairney requested approval for changing the color of the paint on their house. Both these requests were approved unanimously by the Board.
There was a short discussion as to homeowners changing the colors of their homes needing ARC approval. A motion was made by Sara Clarke that the Board notify homeowners that if they plan to change the color of their house or make any structural changes, they should submit their plans to the Board before taking any action. The Board unanimously approved the motion. Additionally. Sara stated that letters should be sent to homeowners who changed home colors without first seeking Board approval reminding them of the HOA policy.
3 & 4 Following items were for information only and not meant for discussion. These were communications addressed to the Board as well as letters sent by the Board. The letters received dealt with the Armand Beach Drive Extension and were copies of letters and petitions sent to County Commissioner and the Asst. County Attorney and a proposal for replacement of the pool fence. The correspondence sent by the Board were the following: (a) a letter to the Developer thanking him for the Willow Drive sign; (b) a letter responding to the initiators of the first petition with regard to the Armand Beach Drive extension; (c) a letter to County Commissioner forwarding the same petition; (d) a letter to Larry Amuso regarding his dog barking complaint; and (e) a letter to Debbie Mazanec regarding service on the social committee.
5. Storm water retention ponds. Joe Bowen as in past Board meetings, went over what the Lake Doctors would do for the maintenance of the ponds. Robert suggested that it would have been helpful if Mr. Baggett had come to the meeting to discuss this situation. Joe passed out copies of the Lake Doctors proposal. The contract, if approved, would have been for a period of 12 months. Included services in the offer would be an underwater and floating vegetation control program; shoreline grass and brush control program; written monthly service reports; additional treatments if required; and pollution Liability Insurance. The stated monthly cost is $155.00; however, the fee did not include taxes, including sales use taxes, fees or charges that are imposed by any government body relating to the service provided. Nita Rohr asked what exactly pollution liability insurance was especially in view of the fact that pollution liability had never been an insurance issue. Joe's response suggested that it would include chemical matter, construction debris and the like. A board member discussion followed. Robert stated that the HOA has yet to receive an inspection report on the retention ponds from Mr. Baggett that had been promised months ago
The report is vital to ascertain the current condition, functioning or nonfunctioning of the ponds, so that the Board can make a determination as to action necessary to maintain the ponds in the current functioning condition or determine what action and by whom corrective action should be undertaken. Robert said he wanted to ask Mr. Baggett that if the HOA agreed to a contract that took care of the ponds, would that fulfill HOA responsibility as retention pond owners? If the HOA needs a maintenance contract, Robert wants it to satisfy the St. John's Water Management and nothing more. Robert stated it is the HOA's responsibility to maintain the ponds as a water retention facility and not as a recreational lake. Sara mentioned that several homeowners on the Mahoe/Ocean Dune Circle pond had beautified their property by removing vegetation growth on their respective shore line and it looked very nice. Sara also stated that several homeowners objected to paying $155 per month out of HOA funds for things they see as unnecessary. Residents have heard that pond maintenance may be required every five years or so. Joe responded that then maybe only those that lived on the pond be assessed extra funds to pay for the service, or if not everyone who lived on the pond wanted this, then only ask the individual homeowners to do this. Robert said the situation as he understands it, is that the pond maintenance is the responsibility of the entire HOA membership because the ponds are there for the purpose of community drainage and the health of the ponds is to the advantage of all of us. Robert further stated, if what needs to be done can be accomplished every five years then lets do something every five years and not on a monthly basis. Robert said that Lake Doctors would like a maintenance contract because that is their business. Hopefully, Mr. Baggett can tell the HOA board what are realistic expectations. Then, the Board can make a decision on whether we want this work done professionally or by volunteers as a community service. Other than chemical requirements, if any, Robert felt pond maintenance is quite doable by the community. Joe stated that he thought Mr. Baggett should be asked if the ponds were in such deplorable condition prior to the developer turnover to the HOA, why were Lake Doctors called in for three (3) months of "emergency service"? Was that past action a good faith gesture by the developer or was it required by the St. John's Water Management district? Robert said that he didn't know but that the developer received a letter from St. John Water Management that certain things needed to be done.
Nita Rohr questioned the maintenance of the storm drains located on the streets since the roads are now county roads, wouldn't the county be responsible to maintain those storm drains? Robert said that the storm drains that had direct access to the ponds would be the responsibility of the HOA.
Robert asked Joe to have three proposals for any maintenance work on the storm water retention ponds. Joe said he had two but was having difficulty in finding a third company and suggested that if anyone knew of another company to please let him know.
A motion was made that the Board take action with regard to maintenance of the ponds at our next meeting. All board members agreed.
6. Quarterly Social Event to introduce newcomers. Suggestions made were to have an event in June and then another one in the fall. The Social Committee will decide what, when, and where.
7. Joe Bowen gave a run down on future costs of pool maintenance. He stated that due to corrosion, the fencing will have to be replaced in approximately 18 to 24 months. Also, the walkway will need repair as well as the decking around the pool. The pool filter will also need replacement. The last time the filter was replaced the HOA was informed that the filter in use was no longer
being manufactured and we were lucky to find a replacement. In the future, a different type filter will have to be used. This information was needed for future HOA budget s consideration.
8. The next Board meeting will be held on either August 12 or 19. The meeting was adjourned at
8:55 p.m.
After the meeting adjourned, an announcement was made that there would be the Second Annual Independence Day cookout at the pool at 4 p.m on July 4th. The cookout would be hosted by Harold Clarke, Frank Carelli and John Bonner. Debbie Mazenac and Nita Rohr discussed the possibility of piggybacking the newcomer welcoming onto the July 4th cookout since the welcome aboard and the July cookout would be scheduled so close together.
Respectfully submitted, |