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HAMMOCK BEACH
ESTATES HOME OWNERS ASSOCIATION, INe. P.O.
Box 350668 Palm
Coast Florida 32135 Thursday, March 9,
2006, Beginning at 7:00PM Hammock Community Center, Malacompra Road The Board meeting
commenced at 7:00PM. The following board members were present: President, Paul
Zacharias, Vice President, Sara Clarke, Secretary, Peggy Steele, Treasurer,
Karen Joyce and Operations coordinator, Joe Bowen. The following
homeowners, all invited by an e mail message, by notice enclosed with the
minutes and by posting of a notice on the community bulletin board, were
present: Lou Ciasulli, Bob Rohr and George & Hanna Vrany. Before calling the
meeting to order, Paul called upon those present to voice any concerns or to
have any item placed on the agenda. Lou Ciasulli asked ifhe should present his
concerns about the meeting with the attorney now or wait until that item
was addressed during the meeting. Paul said he will allow Lou to intercede during
the meeting. Bob Rohr said that
felt that homeowners should be able to speak during the board meetings instead of
expressing their concerns before the meeting was called to order. Bob also
said that at the last meeting he requested to know the timetable for rewriting
the C&Rs and that this wasn't addressed.. Paul said that this issue was
addressed as part ofthe planned approach for obtaining attorney input which
showed that the plan is to have C&R changes presented to the membership for
a vote at the next annual meeting. (See item 3 in the January Board meeting
minutes). Bob also asked that amendment 9 be repealed because it was not voted
on by the membership as had been promised. Paul said that notwithstanding what
promises or intentions had been stated, the developer at that time had
the authority to approve amendment 9 without a membership vote and he did. Paul
said that the content of amendment 9 will be reviewed when the
committees reviewing the C&Rs meet. Bob asked ifthe
Architectural Review Committee (ARC) reviews plans before a builder builds a
house Paul said that plans are approved by the ARC before any building is
constructed. George Vrany said he
is concerned about the number and speed ofthe cars going down Cottonwood
because the drivers mistakenly believe that Cottonwood is a through street to
leave the development He requested that a "no outlet" sign be posted
near the intersection with Willow Drive. George also asked about other
homeowners being allowed into the homeowners association. Paul said that this
is issue was discusse4 at the last meeting and would not be addressed again
unless there is a reason to reconsider. Lou said that he does not agree with Bob Rohr's view about amendment 9
and feels that it does not need to be changed. Issues were clarified and added
to the C&Rs with the approval of Robert Taylor, Atty. In response to Bob
Rohr's comment about membership voicing input during Board meeting, Paul said
that while membership participation is valued, Board meetings are for the Board
to get its business done. As chair and manager of the meeting, Paul said
that he decides to allow membership input during the Board's discussion of an
item if he believes, or another Board member suggests, that an
association member in attendance has new facts or data that would help
the Board reach an informed decision. (For example, this was done extensively
at tIw December 2005 special board meeting to discuss application of the
pet limitation provision of the C&Rs). Paul said that he also
considers whether allowing input will inhibit the board from completing its
agenda in the allotted meeting time. Finally, Paul emphasized that he is also
not inclined to seek input from any members in attendance whose comments
typically include a direct or indirect attack on thy integrity of any
board member or other association member. Paul called the meeting to order. 1. Agenda: With no other items to be placed on the agenda, the
proposed agenda was adopted. 2. Approval of minutes: Paul asked for
any changes or additions to the Board meeting of January 19,2006. There being
none, the minutes were approved as written. 3. Treasurers report:
Karen distributed the budget summary to the board members and said we are on
track for the year so far. Karen had an independent review of the books with
Steve Steele, our bookkeeper. She, as treasurer, concluded that the books are
in good order. She still plans to ask Charles McMorrow to complete an
independent review of the books. There are 15 members who have not paid their dues. Karen has contacted
several of the members and will continue to make contact to remind them of the
date being past to pay without penalty. . Reminder letters were sent before
March 1, which was the deadline to pay without penalty. There is one member
whose mail has come back for several months. Paul asked the members present if
there were any suggestions as to how to get an address for him. Paul said a
"people search" may be necessary. Karen has signed and mailed our Federal tax forms and Paul will follow through with filing our Corporation Registration with the State of Florida prior to the next Board meeting. . 4. 0perations: Joe said
that the tiles in the pool are cracked but not leaking. Joe asked if it would
be OK to monitor the tiles for any leakage before proceeding with replacing
them. The water bill will be checked to see if there is a significant rise in
water usage. The board agreed with this approach. Joe will make an appointment with the Lawn maintenance company to draw
up a new contract, including items that have been of some concern to members of
the community. The revised contract will be circulated to board members for
comment and then will be put out for competitive bidding. Joe said that he has talked to Mr. Baggett, (St. Johns Water
Management) and Mr. Baggett told him that RoundUp should not be used on the
drainage areas near the ponds or canal as it is a strong chemical and will seep
into the water where fish have been placed. Joe will have the areas trimmed Mr.
Baggett said that we are in compliance with St. Johns Water Management if we
till the area in the dry pond and remove the cattails. Joe will consult with
"Lake Doctors" when they are here to check the lakes and ask about
their methods which could be used to remove the stubborn vegetation on the
drains by the culverts. Paul said that we need to make sure that we see evidence before any
work begins that any vendors doing work have workers' compensation and
insurance coverage papers. Paul said that April is scheduled for mulching the pathway and
repairing the walkover. Paul will give Joe a list of survey respondents who
indicated that they would be willing to help with such projects. Joe will
coordinate with Lou about mulching the path. The repair work has been scheduled
for Saturday April 29. Paul & Joe will get the lumber for the walkover and
Paul will have it cut and ready for installation. George Vrany asked Paul if he might address the Board. George applauded
the board on the work that is being accomplished to maintain the ponds. Thank
you George! 5.Review & discussion of attorney's response to our questions. Paul
went over the issues that were discussed with Dennis Bayer, attorney. ( See
attached sheet for the attorney's responses.) Paul discussed the issue of building a pavilion. After giving the
project a lot of thought, going over the pro's and con's of building it, Paul
developed a motion which he passed out to board members for discussion. (see
attached) Paul read the motion and it was seconded by Joe Bowen and discussion
followed. Paul said that the motion essentially delays moving forward on the
pavilion until an alternative plan for improving the pool property with
landscaping is developed and evaluated. Although we have approval for improving
the property with a pavilion, Paul feels that the vote was too close to go
ahead with the plan. Moreover, it is likely that the pavilion will cost more
than $35,000 given that materials alone will now run close to $18,000. (Paul
asked that a "thank you" letter be sent to Luigi Zambetti for the
work he did investigating the materials cost for building the pavilion. Peggy
will send him a letter thanking him for the time and effort he put towards the
project.) Paul said there are a lot of options we have for improving this
property. We can build a gathering area with individual covered tables, etc.
instead of one large pavilion structure. - Sara
asked why plantings would be done on the south side. Paul feels that a visual
barrier should be used for privacy
and enhancing the area. Paul explained that the plantings would be in line with
the current area parking line, along Cottonwood Trail, leaving the space
between that and the road for parking. Sara asked that lugustrium not be used
in landscaping. Sara said that there are sprinklers on the property, and make
sure they are found before doing any work. Joe clarified that the sprinkler
system is currently only on a portion of the lot near the pool and would have
to be expanded if new grass was planted.
Paul said that the "drip type" hose would be used for planting areas
which would reduce water consumption. Paul said that he feels that all board members want to
improve this area. His motion is intended to allow the Board to consider and
vote on an alternative approach to improving the recreation area. Sara said
that landscaping is also very expensive. Paul agreed and noted that even if
pavilion were built, landscaping would be necessary to improve the look of the
surrounding area. Karen said that she feels that a big advantage to landscaping
with covered picnic tables, etc. is that it can be done piece by piece as the
money is available. Paul said that we have about $13000 in reserves, some of
which the Board could vote to use this year to initiate implementation of a
landscaping plan. In the fall, when the Board develops the budget for 2007, it
can consider increasing the assessment to fund some or all remaining elements
of the landscaping plan and to ensure that reserves for repair and replacement
are at appropriate levels. Karen said we have the right to increase dues for a
one time use. There are limits to any increasing of dues for operating
expenses, but according to Paul, dues increases to fund reserve accounts for
repairs, replacements, and betterments are not subject to a limitation.. Bob
Rohr said that by doing things piece by piece, the area can be monitored for
utilization and then it can be determined what improvements should be added.
Lou asked about this being a betterment.
Paul said the betterment is a budget designation for reserves used to improve
association-owned property. The Board would have to vote to amend the 2006
budget to use reserves to fund any betterment project. George asked about a professional landscaper being
used. Paul contacted a landscape architect, Brian Chesher, who is in the
process of drawing up a plan (at no cost) for landscaping the pool property to
provide shade and privacy. Paul said we need a basic design to go from, then
decide what we want. Paul said that a lot of decisions can be made by members
as to what to use and the size of the plantings. Sara asked who recommended the
landscaper. Paul said that Stajo Construction is using this landscaping company
for projects in our community. Paul asked if any wording should be changed in the motion on the floor.
The wording should be changed in the motion from the south side of the lot to
"Cottonwood" side for planting for a visual barrier. Paul asked the
board to vote on the motion as amended. Four members voted for the carrying of
the motion. Sara abstained. The motion was adopted as amended. The next issue discussed with the attorney was the
C&R provisions for enforcing property maintenance. The attorney essentially
concluded that we should use our fining committee procedures for such
enforcement rather than performing a repair and then billing the member as is
also provided for in the C&Rs. Lou (who attended the meeting with the
attorney) concurred that the fining committee was the best approach
particularly for significant expenditures such as a roof. Paul said we will
discuss specific cases later in the meeting. Next, the C&R's pet limitation provision was
discussed. Paul said that the attorney opined that the Board had the authority
to issue an interpretation of the C&Rs pertaining to a home that was on two
lots, although, he did not agree with the decision. The attorney said that the
current pet limitation should be evaluated because it is not clearly worded and
there is no statement of why the provision exists-what it is intended to
accomplish. He suggested that we should contact other associations and look
into what their C&Rs state. Paul said that the pet issue is one to be
looked into. . Bob Rohr stated that it is very important that this C&R be
very clear. Paul said that the attorney recommended that the best
approach to ensure that builders properly maintain construction sites is to put
to use the associations leverage over the lot owner who can then put
appropriate pressure on the builder if necessary. Paul believes that site
maintenance guidance should be developed as part of the C&R review and
should be provided to owners of undeveloped lots and to builders when the ARC
reviews the building plans. Paul said that we should initiate a review of the C&Rs by
segmenting the review into three areas: 1.New home
construction requirements, architectural review standards and procedures for
new homes and additions/repairs, and builder site maintenance 2.The C&R's Article III-General Covenants and
Restrictions-which includes pets, noise, parking, satellite dishes and
signage.) For example, there are state ordinances allowing political signs in
residential areas that may override our current limitation .for signs. Also,
Federal law states that homeowners associations cannot place limitations on the
placement of satellite dishes Updating of other sections of the C&Rs to replace the word
"developer" with "association" and to make sure other
provisions such .as dues assessment procedures and property insurance reflect
current practices. 3.Paul said that we need three groups (committees) to
look into these issues and prepare revised C&R language for the Board to
review and for the membership to vote upon. He said that he will ask the
members of the Architectural Review Committee (Bill Jamison, Ginny Bingol, and
new member, Jim Morelewicz) to work with him on item 1. Karen volunteered to
work on item 2, the General Covenants and Restrictions, including the pet
issue. Lou agreed to assist Karen on this issue. (Anyone else interested in
working on this area should contact Karen.) Paul will seek volunteers to work
on the third area anyone wishing to volunteer should contact Paul. 6. Residence lot maintenance concerns identified by Board members This is the first meeting at which the Board is
implementing a new approach to enforcing the C&Rs provisions regarding
property maintenance. Paul had asked all Board members to tour the neighborhood
prior to the meeting and to make note of any maintenance concerns. (Note:. The
C&Rs, Article IV, state that "In order to maintain the standard of the
subdivision, each owner shall keep all lots owned by him and all improvements
thereon in good order, repair, and free of debris including, but not limited to
seeding, watering and mowing of all lawns; pruning and cutting of all trees and
shrubbery and painting or other exterior care of all buildings or other
improvements all in a manner and with such frequency as is consistent with good
property management. No weeds, underbrush, grass of five inches in height or
other unsightly growths shall be permitted." Paul asked each Board member
to report their concerns. Concerns were identified and discussed pertaining to
one lot (4 Cottonwood Trail) and two residences (14 Mahoe Drive South and 18
Ocean Dune Circle). Karen said that she has been asked about the lot on
Cottonwood where the sand has been dumped to prepare the lot for construction
but no further work has been done. Sara said the first builder went bankrupt
and the lot owners have been seeking another builder. Karen said that she has
had complaints from the neighbors regarding the blowing dirt even though silt
fences were installed to prevent this. Sara said it is her understanding that
neighbors on both sides of the lot have planted trees and shrubs that extend
onto the lot and now the owners have reached some kind of agreement and more
than likely will start building. Sara said there is really nothing that the
association can do about the lot because no construction has been started. That
is the reason that no letters have been sent to the owners of that lot. 18 Ocean Dune Circle is in disrepair. The roof has
been patched but still looks bad. The lawn is not being taken care of and
appears to be in bad enough condition to warrant a letter. Sara will contact
the owners and try to have the violations taken care of. 14 Mahoe Dr. South has completed acceptable repairs on
the garage roof but has not addressed the missing shingles and repairs needed
on the roof of the house itself. The Board members concurred that action was
needed from the owner. Sara said she is in favor of starting the fining process
and Karen said that pictures should be taken of the house in question before
action is taken. Paul asked if a similar repair was done on the rest of the
roof as was done to the garage, would that be satisfactory? Sara said as long
as the shingles matched it would be OK. After a brief discussion of the C&R
standards shown above, Paul asked if reasonable notice has been given to the
owner of the house and if the Board was ready to start the fining process. Sara
pointed out that several letters had been sent to the owner pertaining to the
roof and that the roof has been in disrepair for about 18 months. Karen asked
if the roof shingles was the only issue and Sara said that at this time it is
the only open issue. Paul said that a motion is on the floor that has been
seconded that the board believes that the owner of 14 Mahoe Drive South has
failed to maintain his roof in good repair as required by C&R Article IV,
that the Board proposes to fine the owner until required repairs are completed,
and that the Fining Committee should begin procedures to conduct a hearing to
rule on the reasonableness of the Board's action. Paul asked the board to vote
on the motion. All board members voted to start proceedings. Paul asked Lou to
get together with other members of the Fining Committee (Frank Carelli and
Larry Amuso) to send a letter to the owner and the Board setting the time and
place for a hearing. The letter should not be sent until after the minutes of
this Board meeting have been distributed. As a separate issue, Karen said that a house on
Cottonwood is having work done on their house and trucks and cars are parked
along the roadway making it difficult for traffic to get by without going on
the grass of a lot across the street. Joe said that the trucks are legally
parked as they are on the road right of way. He noted that the roadway actually
extends onto the swale areas even though homeowners maintain these as their
own. Specifically, the roadway is 50' wide in that area, extending 25 feet in
both directions from the center roadway markers. . 7. Communication with Members Paul said that people are using the bulletin board at
the pool for advertising for work. This raises the question if we want to leave
the board for official homeowners business, or do we want to let any
announcements be posted. Peggy said that the announcements that were posted
were not posted by association members. Paul said that it may be possible to
use the website for such advertising.. Bob Rohr suggested that maybe those who
want to advertise on the web site, can do so for a fee. Because of a lack of
time, Paul said that we will discuss this issue and the remainder of this
agenda item at the next meeting. 8. Neighborhood
watch. Paul submitted the following report for inclusion in the
minutes: On March 2,2006, Paul Zacharias attended a meeting for Neighborhood
Watch Coordinators that was organized by Mike Lutz, the Flagler Sheriff's
neighborhood watch liaison. The meeting was attended by coordinators from about
15 neighborhoods; deputy chief, Rick Look; Victim Service Coordinators, Linda
Blum and Donna Fox; and Tom Mayne, Citizens on Patrol (COPS). Highlights of the
meeting included: . Mike Lutz
collected email addresses of all watch coordinators to establish an email
network for the police to share information with the coordinators on crime
statistics, current crime problems, or other alerts. .
Rick Look said that the Sheriff's
department responds to 1200-1300 calls per week County-wide. . Rick Look said
that earlier in the day, the police department fmally acquired usage ofthe old
fIre station on Melacompra Road to establish a police sub-station. Mr. Look
anticipates that the station will be operational in about 60 days. He said
plans at this time are to staff it with volunteers such as the COPS and for the
station only to be open during the day. .
Linda and Donna explained that Victim
Services is available 24-7 to deal with crime victims of property
crimes, domestic violence, or elderly abuse. . Tom Mayne explained
that COPS conducts home security briefings for associations or groups and will
also conduct tree security assessments of individual homes by appointment.
County residents can
obtain these assessments by contacting Tom Mayne through the Sheriff's
department. . Residents are
encouraged to communicate with their immediate neighbors to keep an eye on each
other's property. Residents were also encouraged to report suspicious persons
or vehicles to the police. Rick Look said the department would rather respond
to a suspected problem that turned out to be okay, than to respond after a
crime has been committed. As a separate matter,
Flagler County £-911 is now correctly showing Willow Drive (instead of Willow
Lane) in its database. When the fIre department was in the neighborhood, Paul
confirmed with the fire fighters that their map now shows Willow Drive. 9. Other Items: On Saturday April 1 at 7 pm., Robert Thomason is hosting a "game
and dessert night" for association members at his home at 2 Ocean Dune
Circle. If you attend, please bring a dessert and'_ game-Robert is furnishing
refreshments. Please RSVP to Robert by March 28 if you plan to attend. Robert's
phone number is 446-8066. 10. Joe made the motion to adjourn, seconded by Karen and the meeting
adjourned at 9:15 PM Respectfully submitted Peggy Steele, sec. Mar06hbemeet
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