DRUM POINT VILLAGE WEST HOMEOWNERS ASSOCIATION

MINUTES OF THE BOARD MEETING

March 20, 2002

BOARD MEMBERS PRESENT: Herb Armstrong, Bob Martin, Ed Kocher, and Dolores Tappert.

HOMEOWNERS PRESENT: Kim Feliciano, Helen Bertch, Cheryl Smielewski, and Tara [last name not recorded] (representing Carlo Taccetta)

This meeting was called to order on March 20, 2002 at 8:15 p.m.

· First Order of Business - Minutes from the previous meeting.

The minutes of the February meeting were distributed to all Trustees prior to this meeting. Herb Armstrong made a motion to accept the minutes of the February 2002 Board of Trustees meetings. Dolores Tappert seconded motion. Unanimously approved.

· Second Order of Business – Report on the Siding project

Ed Kocher advised that All County had removed most of the debris and had it carted away. The only items remaining on the property are leftover construction materials. As of late February, all units who had reported leaks had been repaired. All County advises that they will be on the property on Monday, March 25^th to complete the detailed list of warranty items. All County will also now be billing us for the final installment of the siding project.

· Third Order of Business - Drainage Project

Ed Kocher advised that he hasn't heard anything from Birdsall or the Township.

· Fourth Order of Business - March 2002 General Meeting

Ed Kocher advised that he mailed the materials for the General Meeting to all homeowners on 3/14/02. He advised that the by-laws require at least 10 days notice to the homeowners for meetings that do not include a vote on a special assessment. The materials for this meeting were mailed 22 days prior to the meeting and most homeowners received them 21 days prior to the meeting.

· Fifth Order of Business - Landscaping

Recently the State declared a water emergency. Ed Kocher called the BTMUA on 3/15/02 to get an update on any watering restrictions. Ed was told that we cannot use a hand-held garden hose for any purpose. We are, however, allowed to water lawns every other day, but only between the hours of 7pm and 6am. Ed advised the BTMUA that we have too large an area to be able to completely water it in one evening. Ed was told that as long as the same lawn area was not watered more than once every two days, that would be OK. There is a waiver for newly seeded or sodded lawns, but not for other types of landscaping. Ed reported that we received 3¼ inches of rain in the past week. Ed hopes that this will keep the drought conditions at bay so that we do not have to shut down the irrigation system entirely, but the level of restrictions can change at any time. Ed Kocher stated that, because of the watering restrictions, we should put all landscaping projects on hold, including the buffer that was approved at the February 2002 meeting. Mrs. Bertch stated that we were incorrect, and that due to the recent rains, all restrictions had been lifted by the BTMUA. Ed Kocher reiterated that the information he had was as of 3/15/02 and added that he would contact the BTMUA again for an update. Ed Kocher asked the Board if we should go ahead and get an estimate for repairing the lawns this spring. Ed pointed out that the cost for the Miller side would be in the $10K range, and significantly more for the Mignatti side, as we would have to remove the existing sod there, remove 3 inches of sand, replace that sand with 3 inches of topsoil and then hydroseed. The Board suggested that we get estimates, get an update from BTMUA and then make decisions at the next meeting.

· Sixth Order of Business – Fence Installation

Ed Kocher asked Bob Martin if there was any progress on obtaining a building permit for the fence proposed to be installed behind building ten. Bob advised that as of yet he has not yet obtained an application. Bob stated that he would definitely do the legwork before the next meeting.

· Seventh Order of Business – Front Entrance Lighting

Ed Kocher asked Bob Martin the status of the project. Bob advised that he had not yet completed it. Ed asked if it could be completed by April 15^th. Bob said that it would be done by that date.

· Eighth Order of Business – Other Old or New Business

à Cherly Smielewski advised that she and her neighbor at 50 WSW would like the privacy fence between their units removed. She was advised that if both parties agreed, it would be authorized. Cheryl was asked to write up a letter of request, and have it signed by both Cheryl and the owner of 50 WSW.

à Cherly Smielewski asked if there was a possibility of cleaning up the land on the far east side of the property so that children could us it as a play area. Cheryl was advised that this might not actually be the Association’s property. Ed Kocher asked Cheryl to ask the tax assessor for advice on who owned the land. Cheryl then asked if children could play on the large lawn area behind building seven. Ed Kocher advised that as long as the children stayed a respectable distance from the building, that it would not be objectionable, but reminded her of the liability of children who might cause damage to the units or building.

à Helen Bertch advised that her van was almost broken into when parked on the street. She said that she went to the township and spoke with Bob Lutkiewitz and Kevin Batzel to seek advice on the parking situation, and they will be making recommendations to the Board of Trustees. One likely recommendation is that we give them the power to apply Title 39 (State motor vehicle laws) within the development – there are certain requirements to be eligible for title 39, one of which would require painting yellow lines in front of fire zones. Mrs. Bertch also advised that another likely recommendation would be to make the WSW, MD circle one-way moving in a counter-clockwise direction. Mrs. Bertch was asked what benefit her proposal would bring to the community. She stated that if we could enforce the parking regulations it would make traffic flow better and making it a one-way street would make it easier for both residents and visitors to figure out which direction to park their vehicles in. She stated that with the two-way street, one could get confused and not know which way to park, depending on what direction they entered the development from. Mrs. Bertch stated that the police have come to her door in the past because they felt she was parked in the wrong direction [i.e., facing traffic]. Herb Armstrong advised Mrs. Bertch to always park on the right side of the street in the direction of the traffic, just as is stated in one of the handouts provided by Mrs. Bertch. Mrs. Bertch replied that with a two way street, either direction is the direction of the traffic. Herb Armstrong again tried to explain what direction of traffic meant, but Mrs. Bertch felt that the definitions given to her were unclear and confusing. Ed Kocher pointed out that the last time the township wanted to make changes to the parking, they wanted to not allow any street parking, and that Ed was concerned that Mrs. Bertch’s inquiries to the township might cause the township to again talk about imposing a parking ban throughout the community. Mrs. Bertch assured Ed that this was not the intention of the township. Ed Kocher stated that he was concerned that the cost to comply with the requirements and other unknown risks may outweigh any benefits under Title 39. The discussion was tabled pending contact from the township with their recommendations and requirements. During this discussion, Helen Bertch provided highlighted photocopies of NJ 39:4-135 (titled where to park), and highlighted photocopies of a document titled Open Public Meetings, along with a photocopy of an envelope from the NJ Department of Community Affairs with the postmark highlighted, showing the date of 3/18/02.

à Helen Bertch advised that she had contacted Mr. James Cannon from the New Jersey Department of Community Affairs regarding the laws of notice for public meetings (i.e., Association Board meeting). She stated that we were not making our minutes available to members of the association prior to the next meeting. Ed Kocher stated that he regulary mailed the minutes of the open portion of the meetings to her, and to the best of his knowledge, she has received every set of minutes requested, sometimes multiple copies of the same month. Mrs. Bertch disagreed. Mrs. Bertch continued by stating that the law requires that the notice for all meetings must be posted on a bulletin board in a common area. Ed Kocher stated bulletin boards were not required as the association notifies the homeowners in an annual letter as to the schedule of the meetings and also instructs the homeowners how to get updated information should they wish to attend the meetings. Ed also pointed out that this was not the first time Mrs. Bertch raised this issue about the bulletin boards, and that Ed had spoken to Mr. Cannon on more than one occasion about this issue and was advised that the letter was sufficient notice, and that the bulletin boards are not required. Mrs. Bertch disagreed and stated that Mr. Cannon told her that they were required. Mrs Bertch also stated that the letter we send does not advise the location of the meeting. Ed replied that is the case because we don’t know personal schedules of the trustees. Ed reiterated that the homeowners know how to contact the association to find out where and when the meetings are held. Ed also pointed out the expense of installing these bulletin boards and the expense of doing a mailing to 95 homes each and every time the schedule or location changed. Mrs. Bertch suggested that the lack of participation of other homeowners was the fact that we don’t publicly post the dates, locations and times of the meetings, as well as other community information on a bulletin board. Mrs. Bertch again stated that the letter was inadequate notice, that the bulletin boards were required, and that if we didn’t comply with the law, then the State of New Jersey would come in here to enforce the law. Heated discussion then ensued between the Trustees and Mrs. Bertch. After some time, Bob Martin asked Mrs. Bertch if she had a motion to make. Mrs. Bertch made a motion to have two bulletin boards installed – one on the Miller side, one of the Mignatti side. Bob Martin amended the motion to investigate the requirements of a bulletin board and to investigate the feasibility and expense, and then seconded the motion. The discussion was then tabled.

à Mrs. Bertch stated that any votes made by the Board of Trustees must be done in an open meeting. Ed Kocher stated that this was currently being done. Ed added that on the advice of counsel, that items where actual or potential litigation might be involved, or where the privacy rights of a homeowners might be violated, would be discussed and voted upon in closed session, when these items cannot be voted upon in a public session without putting the association at risk for a lawsuit.

à Tara (representing Carlo Taccetta) stated that Mr. Taccetta would like the board to reconsider its denial of his request to modify the landscaping at the side and the rear of his unit due to the fact of the close proximity to the dog walking area and the mail boxes. She stated that Mr. Taccetta cannot open his bedroom curtains because there are always people walking so close to his unit. Herb Armstrong asked her to have Mr Taccetta draft a sketch of where he would like to add landscaping and send it to the association. Trustees would then meet with Mr. Taccetta to discuss his proposal, and then a more informed decision could be made. Tara agreed to inform Mr. Taccetta of the request.

· Ninth Order of Business - Open Financials

à Ed Kocher presented those present with a copy of his estimated total Expenses for FY 2002. Ed stated that the Replacement fund expenses would increase before the end of the year due to the siding project, but the operating fund estimate was very close to what actual expenses would be. Ed pointed out that the targeted operating fund balance at year-end is $15K. He stated that the estimated operating fund balance at year end would be $37,742 as a result of lower than expected snowfall, lower than expected legal fees and higher than expected recovery of bad debt previously written off. Ed Kocher then made a motion to transfer $22,742 from the operating fund to the replacement fund and mark those funds as general reserves. Herb Armstrong seconded the motion. Unanimously approved.

à Ed Kocher presented those present with a budget analysis of FY 2002 and FY2003. Ed reviewed the analysis line by line. Ed then made a proposal that the FY 2003 budget shown within the analysis be adopted for FY2003. Seconded by Herb Armstrong. Unanimously approved. A copy of the budget will be signed at the next meeting, and copies distributed to the members in the April mailing.

· Tenth Order of Business – Snow Removal Reimbursement

Ed Kocher stated that we received a new contract from the township for snow removal. The township has offered to reimburse the association $266.58 for snow removal costs for calendar 2001. Herb Armstrong signed the contract, and will forward it to Paula Groppe for the seal and mailing.

Mrs. Bertch stated that she wanted to express her appreciation for the hard work that the board members were doing and that she appreciated us volunteering our time for the benefit of the community.

The open portion of the meeting was adjourned at approximately 9:46 p.m.