DRUM POINT VILLAGE
WEST HOMEOWNERS ASSOCIATION
MINUTES OF BOARD MEETING
September 10, 2002
Board Members Present: Bob Martin, Ed Kocher, Dolores Tappert, Paula Groppe, Gene Ann Pesano
Covenant Committee Members Present: Harriet Martin (arrived at 9:35pm and was present for the first order of business for the closed portion of the meeting), Gladys Pfeiffer
Homeowner's Present: Tammi Horowitz, Cheryl Smielewski, Mandana Yazdani, Fred Weintraub, Herb & Kerri Armstrong, Helen Bertch, Lyn Monteiro.
Robert Martin called this meeting to order on September 10, 2002 at 8:04 p.m. Mr. Martin began the meeting by asking for a moment of silence in remembrance of those who died during the September 11, 2001 terrorist attacks.
The minutes were distributed to all Trustees prior to the meeting. Gene-Ann made a motion to accept the minutes and was seconded by Dolores. Unanimously approved. The approved minutes were then distributed to those present who desired a copy.
Gene-Ann read into the record a list of items that the Trustees worked on and/or accomplished over the past month:
v General
Ø The Board of Trustees has been pursuing ways that we can be more quickly responsive to our members. To this end, we are planning on redistributing some of the responsibilities to make best use of each person’s expertise and availability.
v Drainage problem – Miller units
Ø Letter sent to Township Business Administrator stating that the township’s remediation plan is incomplete and does not address the problem at the front and sides of the units. This must be made a part of the work which is to commence shortly.
Ø Letter sent to Township Business Administrator stating that one homeowner may have a legitimate claim that health problems are a direct result of mold/mildew in the crawlspace of her unit, also the result of drainage problem.
v Siding – Miller units
Ø Addresses and several phone numbers have been obtained for CertainTeed and they will be contacted shortly regarding the siding.
v Mignatti – pool $ issue
Ø We have not received a favorable response from Mignatti and we are preparing to file suit very shortly.
v Fencing behind Building 10
Ø The
building permit has been received
Ø Contractor
to begin work on or around October 1, 2002
v Maintenance
Ø Mr. Pepe asked to checkout and repair, if necessary, hole in foundation of a unit
Ø Mr. Pepe called to look at and repair nails standing up on roof of unit
v Sprinklers/landscape maintenance
Ø Since
there had been very little growth of grass during the months of July and
August, landscapers were instructed to do more “cleanup” of litter and
debris. More time was spent on weeding
as well.
Ø Tree
limbs blown down in storm removed from 7-9 WSW.
Ø New
sprinkler controls have been received and will be installed as soon as is
practical. System will then be tested
for any valves that were damaged and, if necessary, an experienced contractor will
be hired to locate and replace those valves.
v Homeowner requests
Ø Approved a request to replace a privacy fence
Ø Began investigation of a privacy fence being located about 4 feet from where it should be
Ø Discussed request for additional fencing
Ø Preparing responses to 30 requests/complaints/suggestions from a homeowner 6/4/02 to 8/1/02
Ø Preparing responses to 33 requests/complaints/suggestions from a homeowner 8/2/02 to 9/6/02
Ed Kocher made a motion that the above list be made part of the record of the meeting and that the list be added to the minutes of the meeting. Bob Martin seconded the motion. All were in favor. Unanimously approved.
Ed Kocher stated that on or about August 5th, Hanover Insurance sent the Board two letters – one letter for our Liability Policy and one for our Umbrella Policy. These letters stated that effective October 27th (when the policies expire) Hanover will not be renewing the policies. The letter simply stated that the reason for non-renewal is “MOLD CLAIM.” Ed Kocher stated that upon receiving these letters he contacted our attorney and he advised to file a complaint with the Department of Banking and Insurance because a mold claim is not one of the 13 reasons for which an insurer can deny renewal of a policy. Ed stated that this complaint was filed. Ed went on to say that he our Broker is looking to reinstate coverage and is speaking directly with the underwriter's of Hanover to see “what the deal is.” Ed stated that he has not received a response from the Department of Banking and Insurance although he has sent them follow-up e-mail. Our Broker is also looking to find alternate coverage should we not be successful in getting our coverage with Hanover reinstated by the end of October. Ed emphasized that we are currently insured and will be until October 27th. At that time we will have insurance one way or the other. There is an assigned risk pool that cannot deny people entry, however if we end up in that assigned risk pool (it's looking somewhat likely that we shall be), our premiums may dramatically increase. And if so, Ed Kocher stated that he feels there would be no other choice than to raise the monthly fee as of November 1, 2002 should that occur. If our insurance rates double, we'd be talking about a 15-20% increase in the monthly expenses, which would be approximately $25-30 per unit per month.
The Board wrote two letters to Scott Mac Fadden that went out this morning. Without objection, Ed Kocher read the two letters into the record of the meeting.
September 9, 2002
Scott MacFadden
Business Administrator
Township of Brick
401 Chambers Bridge Road
Brick, NJ 08723
Re: Proposed Drainage Remediation Plan
Mr. MacFadden:
Through a conversation between our attorney and Mr. Rospos, the Association has recently discovered that it appears as though the Township will not commit itself to providing an adequate drainage solution for the front of the Miller-built buildings at Drum Point Village West.
During a phone conversation to Mr. Rospos’ office that occurred more than a year ago, I learned that no solution was being proposed for the fronts or sides of the buildings because Mr. Rospos’ office was under the impression that runoff was not entering the crawlspaces of the buildings from the front vents. At that time I clearly stated that their assumption was incorrect, and that drainage for the fronts and side of the buildings should be included in any remediation plan, and that anything less would not adequately resolve the problems created by the original construction as approved by the Township under somewhat questionable circumstances. At that time I was assured that Birdsall Engineering would revisit the issue of the fronts and sides of the building before a final remediation plan was developed.
As of a few days ago, it is apparently Birdsall’s opinion that the fronts and sides of the buildings are draining properly to the street. While this may be true for the leaders that drain directly into the front driveways, it is not true for the other leaders at the fronts of the buildings nor for the leaders at the sides of the buildings. In no uncertain terms, we must insist that Mr. Rospos, Birdsall and the Township reconsider their respective positions on this issue. I find it difficult to believe that Birdsall can make an assumptive statement such as this, especially in light of the fact that no inspector from that firm ever made an attempt to visually inspect any of the crawlspaces below these buildings. If they had, they would have clearly seen evidence of water running down the interior of the foundation walls below the vents of many of the buildings. This evidence includes staining and efflorescence in that area, in much the same manner as is evident for the rear crawlspace vents. In addition, it should also be evident from the exterior of the buildings that the front and side drainage needs corrective action by the way that many of the front vents are (or were) completely covered with soil and debris as a result of runoff towards the vents, obviously resulting in water intrusion into the crawlspaces from the front vents. Just a few examples of this problem (of the few units that I personally know about) can be found at the front vent of 37 White Swan Way and also 24 White Swan Way. As support for my statement, I also encourage you and/or Mr. Rospos to speak to Ronald Dougard Sr., as he has had significant problems with water entering his unit from the front crawlspace vent.
Please note that the Association entered into the October 25, 2000 agreement with some reservations, and only agreed to execute that agreement when, among other things, the Township made a commitment to improve the drainage at Drum Point Village West. The assumption was made on our part that such an improvement plan would adequately address the drainage problems of all areas of the buildings and not just the rear of the buildings. The current plan proposed by Birdsall and the Township does not fully address those needs and does not meet the intended remediation as implied by the spirit of that agreement, and contemplated by the Association prior to executing that agreement.
Scott, we trusted the Township to make good on their pledge to fix the situation that was allowed to occur by prior Township officials. Please do not allow the mistakes of the past to be repeated. This situation needs to be addressed properly, and quickly. In light of the fact that the Township apparently is preparing to begin the physical aspect of the remediation plan within the next few weeks, I must insist on a favorable response from the Township on this matter prior to the beginning of any remediation construction.
Respectfully,
Edward Kocher,
Treasurer – DPVW, CAI
for the Association
Cc: Thomas Rospos c/o Birdsall Engineering
Micheal A. Sicola, Esq.
September 9, 2002
Scott MacFadden
Business Administrator
Township of Brick
401 Chambers Bridge Road
Brick, NJ 08723
Re: Homeowner claim of mold in crawlspace below her unit
Mr. MacFadden:
As you may already be aware, Helen Bertch has asserted a claim that mold and mildew exist in the crawlspace below her unit. She feels that this situation is the direct result of inadequate drainage, and has publicly stated that she feels the Township is responsible for any associated loss.
While an investigation by our insurance carrier has not yet been completed, should mold be found in her or any other crawlspace, the Association would tend to agree with Mrs. Bertch regarding her opinion in that regard.
Most disturbing is the fact that Mrs. Bertch has stated in a letter to Mayor Scarpelli (and copied to the Association) that she feels that the presence of mold and mildew may be the cause of many of her health problems.
Kindly consider this Notice of a Claim by Drum Point Village West Condominium Association pursuant to the Tort Claims Act. Should the Township have a prescribed form for such Notice kindly forward the form to me at the address above so that it may be completed on behalf of the Association.
Respectfully,
Edward Kocher,
Treasurer – DPVW, CAI
for the Association
Fred Weintraub stated that he had also corresponded with the township regarding the drainage issue and provided copies of two letters to the Board. Ed Kocher made a motion that these letters be read into the record of the meeting. Bob Martin seconded the motion. All were in favor. Mr. Weintraub was not opposed to the resolution.
Ed Kocher then read the two letters provided by Mr. Weintraub:
August 30, 2002
Dear Mr. Weintraub:
I am in receipt of your recent correspondence regarding Drum Point Village West Development.
I assure you that the Township of Brick is committed to resolving the drainage issues in your development. I have discussed this matter with Director of Public Works, Jack Nydam, and he advises me that the project is scheduled to commence within the next thirty (30) days. You should be aware, however, that a project of this magnitude might take some time to complete, so please bear with us
As always, we look forward to working with you in the future for what is best for Brick Township and mind.
Sincerely,
Scott R. MacFadden
Business Administrator
Cc: Mayor Joseph C. Scarpelli
Jack Nydam, Director of Public Works
Tom Rospos, Township Engineer
Jim Priolo, Township Engineer
September 2, 2002
Township of Brick
401 Chambers Bridge Road
Brick, NJ 08723
Attn: Scott R. MacFadden, Business Manager
Dear Scott,
Thank you for your reply to my letter regarding the drainage issues at DPVW. With the heavy rains we experienced during the Labor Day weekend, it is encouraging to know that there is a timeline for the work the Township will be doing….
Time can be an enemy or a friend and timing is everything… as always you don't usually know if it is a friend or foe except in hindsight. In this case it appears to be more a foe than friend.
Since everyone's scheduled of availability varies it is so credible that the community be aware of when the crawl space inspections will take place.
I certainly look forward to hearing from you.
Thank you, as always, for all the efforts you have put forth on behalf of DPVW.
Sincerely,
Fred Weintraub
Ed Kocher asked Fred Weintraub if he would be interested in representing the Association as an official “ambassador” or “deputy of the Association” at the Town Council. Fred Weintraub stated that he is prepared to take on the issue of the foundations. He is all prepared for that and just needs to get all of his things together. Ed Kocher said that Fred would need to include the drainage project. Fred said that it only includes vents because he is not an expert in the drainage. He cannot really stand up and do that, but they know where there’s water there’s a problem that is coming from somewhere and that it shouldn’t be happening. But the issue of the vents is something that they had been dodging and he understands why, but if he gets his answer back from some of the manufacturers he has sent information to, he thinks he has a resolution to the vents. Fred Weintraub continued by stating that he is trying to find a product that will cover the vent and not let water in but at the same time letting the vapors to come out. Fred also found an outfit that makes all kinds of custom basement window covers. They make them as a standard matter so that you can vent your dryer. It is possible that they may make a unit that will allow for vapor venting without allowing the water to go in. Ed Kocher asked if this would replace the vents and Fred Weintraub stated that it wouldn’t and would be a kind of cover for the vent that would allow moisture to come out. Fred stated that the vents are the only things that he has the expertise in and the Township should be able to handle such things as to where the water comes in. Ed Kocher asked Fred Weintraub if he would be willing to voice the Board’s opinion on our behalf at that meeting. Fred Weintraub agreed. Fred Weintraub wants to sit down with the member of the Board that knows the most about this issue so he can put all of the facts together. Bob Martin said that he would do that. Fred Weintraub stated that they only have a 5-minute window [in which to speak at the Town Council Meeting]. Ed Kocher made a motion to accept Fred Weintraub as deputy for the members of the Board at current and future Township meetings for this purpose. Dolores Tappert seconded the motion. All were in favor. Fred Weintraub accepted.
· Fifth Order of Business – Drum Point Road Buffer
Gene-Ann stated that she has received bids from three different contractors, all of which range from $10,000 – 12,580. Gene-Ann has since written letters to each of the three contractors asking them what they could do for under $5,000, with the buffer being the high priority item. She stated that she has not yet received responses.
· Sixth Order of Business – Fence Behind Building 10
Bob Martin stated that building permit for the fence was received and the fence installation will start in two days, weather permitting.
· Seventh Order of Business – Financials
Ed Kocher distributed copies of the financials to those present. He stated that there is really nothing of significance to report except that during the closed session he feels that he and the Board should discuss what they are going to do with the two unit owners that are in arrears because it is getting somewhat critical – one unit’s balance is $1,197.00, and the other is $2,085.00. Ed stated that one unit owner promised to resolve the problem while the other has not responded at all. The only other thing of significance is a single expense that Ed reported last month of $3,646.00 for the aeration of Mignatti lawns and the liming of both sides. Ed asked if any person present had any questions regarding the financial statements he prepared. No questions were asked by anyone.
· Eighth Order of Business – Homeowner Request for a Privacy Fence
Gene-Ann stated that at the Mandana Yazdani (28 MD) made a request that the Board reconsider her request to have a fence installed on the east side of the parking area that is adjacent to the back of her unit. Gene Ann stated because [as such a fence would almost completely close in the back yards of Building 12] that she did some research on this and stated:
The Board has considered your request for additional fencing around the parking area adjacent to your unit. The reason that you requested this was because of your safety. We have consulted various sources to get information on this matter. One of the insurance companies advises, “Trim trees and shrubs near your doors and windows and think carefully before installing a high wooden fence around your backyard. High fences and shrubbery can add to your privacy but privacy is a burglar’s asset. Consider trading a little extra privacy for a bit of added security. Force any would be burglar to confront a real enemy, ‘Light.’ Exterior lights mounted out of easy reach can reduce the darkness a burglar finds so comforting.” Gene Ann also stated that she obtained a brochure from the National Crime Prevention Council that they also concur. She also stated that she looked up the safety tips on adt.com and that ADT also concurs. Additionally when several law enforcers were asked, they all agreed that such fencing would in fact put your safety at risk. Therefore, the Board does not feel that it is in your best interest to approve such fencing. It wouldn’t be right for the Board if they allowed a situation to be created that would jeopardize your safety in any way. Mandana argued that this is not relevant to the fence that she wants up because it is by the parking lot of her unit not by the doors or windows. Mandana stated that she is not a child and she has a Masters Degree and that the board is treating her is if she were stupid. Ed Kocher replied that no one is calling her stupid. Mandana stated that if she cannot have a fence put up around the parking area, then the other [privacy fences] should be taken down. She stated that the board allowed her to put up [an additional] privacy fence [at the end of her unit] at her expense. She asked why that fence was allowed but this fence wasn’t being allowed. She stated that the board approved other fences for people, like the one behind a board members building and wanted to know why this was the case if her fence was being denied. Ed Kocher stated that he understands that she is upset, however the [privacy] fences that she is talking about are fences that are only block a lateral view and that those fences do not end up effectively surrounding the rear of anyone’s unit on three different sides. Ed also stated that the fence behind building ten was to stop trespassers from entering the property via Myrtle Ave, and that it was being installed for the benefit of all the homeowners in the community, and not just for the privacy concerns of a single homeowner, and that the fence behind building 10 had been promised to the homeowners in that building by Mignatti, as was the buffer behind building 9. Mrs. Bertch interrupted and began to state something. Ed Kocher cut her off and stated that this was not a discussion with her, but rather was a discussion between the Board and Mandana, and that she would have an opportunity later in the meeting to comment. Mrs. Bertch would not yield. A comment was made by a homeowner present that Mrs. Bertch should “shut up.” Mrs. Bertch refused to yield. Ed Kocher told Mrs. Bertch to stop or leave the meeting. After a minute of heated discussion, Mrs. Bertch did yield. Mandana demanded arbitration. Ed Kocher asked her if she was requesting alternate dispute resolution. Madana at first did not understand Ed, but then said yes, she wanted arbitration [ADR]. Ed Kocher asked Mandana to please write a letter to the Association stating that she is requesting ADR and the Board would respond accordingly. Mandana asked why she had to write a letter and Ed Kocher stated that in order to process an ADR request, that such requests should be made in writing. Paula Groppe explained to Mondana that it is a process that she needs to go through. Mandana agreed to request ADR in writing.
Note: At this point Mandana left the meeting.
· Ninth Order of Business – New or Old Business
Ed Kocher asked if there were any other items for the open portion of the meeting. There was no response from anyone present.
Bob Martin made a motion to close the open portion of the meeting and was seconded by Ed Kocher.
The open portion of the meeting was adjourned at approximately 9:32 p.m.