DRUM POINT VILLAGE WEST HOMEOWNER'S ASSOCIATION
Minutes of the Board Meeting
September 10, 2003
Board Members Present: Bob Martin (President), Paula Groppe (Secretary), Gene-Ann Pesano (Trustee), Phyllis Ventrello (Trustee),
Covenant Committee Members Present: Gene-Ann Pesano, Gladys Pfeiffer
Homeowners Present: Isabel Byrne, Gladys Pfeiffer, Maria & Sam Camporeale, Terry & Joe Bastone, Ken Bertch, Rick Gaynor, Ann Tierney
Bob Martin called the meeting of the Board of Trustees to order at 8:15 p.m. Bob Marin asked if everyone could turn off their cell-phones so they do not interrupt our meeting. Bob Martin also noted that any input from attendees should be held until the new business portion of the meeting and at that time the conversations will be limited to 3 minutes a person.
Bob Martin wanted to take a moment of silence in commemoration of the victims of September 11th disaster in New York.
Paula Groppe announced the names of those who attended the meeting.
Bob Martin stated that periodically we produce an Actions of the Board List.
Actions of the Board
July 23, 2003 - September 9, 2003
Ø Added 2 new zones to the irrigation system to provide better coverage to the Mignatti drainage basin and the area behind building 10.
Ø Repaired all sprinkler system damage caused by the Township and forwarded invoice to Township for payment.
Ø All sprinklers checked and adjusted for better coverage.
Ø Removed several dead and/or problem trees from the property.
Ø Replaced several shrubs that were dead or dying and re-staked those that could be saved, Landscaper to replace, at his expense, several newer shrubs that have since died.
Ø Cleaned up rubbish and construction debris in several areas of the property.
Ø Weed control, pesticide and fertilizer applied to all lawn areas in preparation for fall seeding and sodding.
Ø Lime applied to all lawn areas.
Ø 2 tree experts have been consulted about the Bradford Pear Trees on the Miller side that are in distress. Awaiting bids from both of them.
Ø Mulched all common landscaping beds on the property and added tree rings and bed edging to selected elements.
Ø Landscaper performed emergency removal of very large branches that had fallen from trees on 2 occasions in 1 week.
Ø Made minor repairs to several roofs.
Ø Made minor repairs to several areas of siding/aluminum coil.
Ø 2 meetings with Township Engineering Department to work out schedule for completing crawlspace inspections.
Ø 10 second violation notice letters sent to homeowners.
Ø Filed suit against the Mignatti Companies regarding the pool. Update letter sent to the 47 original unit owners advising them of same.
Ø Published and distributed July 2003 newsletter.
Ø Repaired water main break in front of 2 Mignatti units.
Ø Repaired fence behind building 10 and installed thorn bushes to help prevent future vandalism and trespassing.
Ø Made repairs to the supporting piers of a Miller unit that were identified by an inspector as being improperly constructed.
Ø Re-contracted with Ozane for termite warranty service.
Ø Treated the exterior of the front of building 10 for ant infestation.
Ø Moved a privacy divider fence that was improperly installed by the developer.
Ø Replaced a privacy divider fence that had been vandalized.
Ø Replaced an older privacy divider fence that had completely deteriorated.
Ø One unit serviced for removal of bats from under the roof trim.
Ø Updated FY2003 financial report on the web-site to include post period adjustments.
Ø Updated current financial reports on the web-site at the end of May, June, July and August.
Ø Added July 2003 newsletter to web-site.
Ø Updated the meeting announcements on the web-site for the July and September meetings.
Ø Added May's meeting minutes to the web-site.
Ø Added May's actions of the Board to the web-site.
Ø Added September meeting announcement and directions to the web-site.
Ø Opened new savings account yielding 1.7% interest. Our old saving account was down to .5% interest.
Ø Prepared financial reports for the July and September Board Meeting.
Ø Prepared and distributed account statements for all 95 units.
Ø Judgment against a delinquent unit owner was vacated as a result of a bankruptcy filing. The homeowner's chapter 13 plan will reimburse the Association on a dollar for dollar basis over a period of 5 years.
Ø Transcribed the minutes of the July Board Meeting.
Ø Fielded 40 calls from various sources.
Ø Fielded more than 525 e-mails from various homeowners, Board Members, vendors, etc.
Ø Wrote 19 letters to various homeowners in response to inquiries , notes calls, etc.
Bob Martin stated that he would like the Actions of the Board incorporated into the minutes.
Bob Martin stated that we have a resignation of one of the Board Members, Dolores Tappert. She wrote a letter to the Board of Trustees that reads:
To The Board of Trustees:
It is with deep regret that I write this resignation. I have given great thought and realize that one cannot "do it all" and do it all well. As you all know I have just returned from vacation and due to the increased responsibilities at my job and church, I can no longer continue to serve as Vice President of the Condo Association, Therefore, in fairness to each and every one of you, I must resign as Vice President of the Board of Trustees of Drum Point Village West, effective September 1, 2003.
Needless to say, if there is anything that I can do to help during your quest to replace my seat, I would be happy to do so.
I apologize for sending my resignation via e-mail, however I thought it best to advise The Board as soon as possible.
It has been a pleasure working with all Board Members.
Sincerely,
Dolores Tappert
Bob Martin stated that it has been a pleasure working with Dolores Tappert over the years and all appreciate what she has done for us. Bob Martin stated that he regrets that he accepts this letter of resignation from Dolores Tappert.
Bob Martin stated that since Dolores Tappert has left the Board we will need a new Vice President. Paula Groppe nominated Herb Armstrong to fill-in Dolores Tappert's position. Bob Martin seconded the motion. All were in favor, Unanimously approved.
Paula Groppe nominated Gene-Ann Pesano for Vice President. Phyllis Ventrello seconded the motion. All were in favor. Unanimously approved. Paula Groppe also nominated Phyllis Ventrello for Secretary. Gene-Ann seconded the motion. All were in favor. Unanimously approved. Both were congratulated!
Bob Martin wants to explain what the Board is proposing and what he is doing with the Township. Our streets are private streets and we cannot enforce certain parking rules because it is a private street and we cannot have the police come in and ticket people. The only thing we can do is ticket people for parking in fire zones and the Fire Department will come in and do that. In addition to that, the Township would like us to mark out certain parking areas. Bob Martin has spoken to a couple of Township administrators and got an application for Title 39. Title 39 essentially allows the Town to come in and enforce parking and speed regulations. We have discussed it with them and we are in discussion with each other to see if we really want to go ahead with this, It has its good points and its bad points. Helen Bertch pointed out some helpful things. Title 39 is similar to a private street that is in a shopping center. They give the police permission and they also can enforce all rules and regulations. The one down-side is because the Town can come in and mark the street up and designate parking areas which we are not to happy about but it may have to come down to that. This is one of the things we are talking about that is in discussion amongst the Board Members and amongst the Township. When and if we do make this decision it also involves making one-way streets in some areas. This is a pretty big decision that we are investigating.
Paula Groppe reported on the drainage project as of September 9, 2003, She stated that the crawl space inspections have been completed with the exception of 5 units which for one reason or another we were unable to provide the Engineering Company with access to said units. According to our By-laws we have the right to access for inspections but we only inspected those units that had a signed Permission Form.
Paula also stated, for the record, that in order to facilitate these inspections she had six(6) meetings with Birdsall Engineering. This was necessary to organize the inspections to be done as well as sort out which units had been done in June, 2003. At that time the inspections had been started and for some reason had stopped. In order to coordinate the date and the time that an inspector would be available and a home owner would clean out their closet and permit access to their home it required more than 150 phone calls on Paula's part.
The inspector observed/inspected the crawl spaces for mold, mildew, water, dampness, patio pitch, dryer vent and gas lines. He found that a lot of the gas lines need to be tied up as the line is sagging however the inspector stated that this is not an emergency nor is it critical at this time. A lot of the dryer lines need to be vented out the back. Some of the dryer vents were not vented to outside. Paula stated that we all need to have our dryer vents vented to the outside in a proper manner and that the Association is going to have a plumber come in to vent the dryers and tie up the gas lines when we know which units need to be done.
Paula tried to get a list of the results from the inspector but he had to take his report back to his office to hand it in properly. Paula stated that she will continue to obtain the list for the dryer vents and the gas line so that this can be taken car of sooner rather than later.
She also made a note that the inspector told her that he did not find any mold, except on some boxes that were in a crawl space but there was no mold in that crawl space otherwise. The rest of them were basically very similar. Some were dry, some were wet and some were damp.
Bob Martin stated that you can replace dryer vents by yourselves because it is relatively easy. He stated that you should also replace your original dryer vent that came with the unit with a metal one. They are about $20.00 a piece. When you enter into the crawlspace it is in the far left corner.
Gene-Ann stated that probably as you all remember we had no grass last year, We had a couple of problems this year. We had a lot of weeds in the early spring. The reason we had weeds in the spring is because they could not put down weed control because that would've killed the germinating grass seed that we put down in the fall hoping to bring back our loss. It took a while to have that taken care of, As you may all know, we had major, major sprinkler problems because our sprinkler system had been totally ripped up and it took 2 months of work to get the sprinkler system remediated and then all the normal adjustments. All of these things kind of contributed to getting a late start at really getting the landscape going. Recently, 3 weeks ago they put down weed control, fertilizer and pesticide and then a week later they put down lime. This is all in preparation for some time between now and the end of October on the Miller side where the drainage project is done, the Township is going to pay for the sod to be put in where they put down the pathetic grass seed last year that never came up. At the same time, we are going to do a lot of seeding on the Mignatti side, edges that have to be done and so forth, All these things have to be done and watered. You cannot just come in and seed. 4-6 weeks before you seed you need to put down the crab grass control, fertilizer and the lime. Gene-Ann said she believes that next year the lawns will be pretty much back to normal. Gene-Ann said that the Board is also going to be careful about big decisions that we make. We removed all of the shrubs that had been damaged last winter and replaced them. We still have a lot of work to be done but there is a limit to how much money can be spent in a year.
On the Miller side, the beautiful Bradford Pear Trees that are deteriorating and falling apart. Gene-Ann has had one tree expert in and here is the problem with the Pear trees.
1. They are way, way too big for the small spaces that they are in. They need to be about 50 feet away from the building. The roots as you know are growing all over the place, under sidewalks and under driveways.
2. They only have a 15-20 year life span. They are now 17 years old.
3. Some of them are deteriorating and have been literally falling apart.
4. We have been fortunate that the branches that fell down didn’t fall on any cars in the driveways or on the street, These were large branches that completely obstructed everything.
5. They are very high maintenance. We should be spending several thousand dollars a year to keep them pruned to keep them under control.
6. They are the wrong trees and they should have never been in there.
7. On the 1 part of White Swan Way they do not have any grass because there is absolutely no sun light hitting the grass because the shade is so dense due to the trees.
We are going to need to take these trees out and replace them with blooming trees that bloom in the Spring and has a better growth pattern and less money to maintain. The tree expert said that he will give a list with pictures and explanations of the different trees that would be good. Hopefully, we will have quotes from them in the next couple of weeks.
Bob Martin stated that there is no report at this time, it is still pending, Gene-Ann stated that the suit was definitely filed. Mignatti responded and asked for the usual discovery which goes on for 8 months. In all likelihood from what we were told they will also ask for an extension which is normal. Basically what we are looking at is another 2-3 years before this is resolved at this point unless all of a sudden Mignatti decides to throw in a towel and send us money which is somewhat unlikely.
Bob Martin stated the Brick Township Municipal Utilities Authority is doing a reservoir on the other side of Town. There is a plan or request to memorialize there family or unit and we have decided to get a paver with something from our Drum Point Village West and Gene-Ann got some information. Gene-Ann stated that there is going to be some kind of recreational area at the reservoir and they're looking for Sponsorships but they have included in there different size pavers, etc. In reviewing it, what we thought we might do on behalf of the Association is get a 12' paver and engrave "The Homeowners of Drum Point Village West Condominium Association." The cost is $75.00. Gene-Ann made motion that we do this. Bob Martin seconded that motion. All were in favor. Unanimously approved.
Bob Martin stated that the following requests have been received." Phyllis Ventrello came up with purchasing 2 garbage cans similar to the one that we have now but in a smaller scale and to be put down in the 2 areas that are designated for the pets to relieve themselves. It seems though that a lot of our residents are not following the rules so what we would like to do is vote on adopting this pet rule to make it official. This is the second meeting and it was published. Gene-Ann made a motion to adopt the following rule that Phyllis is reading into the minutes.
Proper Pet Procedure
Domestic pets are allowed to be kept by unit owners. Other than dogs, all pets are to be kept indoors.
For the maintenance of visual harmony, health and quality of life of all residents, the following rules apply to all dogs:
o Dogs may not be left outside unattended. If outside of the unit, the dog must be accompanied by the owner or the owner's designee at all times.
o Dogs are not permitted to bark excessively. IF the barking becomes a nuisance, then the owner will be warned once and then fined $15.00 for each reported occurrence thereafter.
o If outside of the unit, dogs are to be leashed or tethered at all times and the tether must limit the dog's access to the owner's immediate area.
o Dogs are not to be permitted to urinate or defecate on the Limited Common Elements or Common Elements - this includes patios, walkways, streets, driveways, lawns, etc, There are 2 designated areas provided for walking dogs:
1. The undeveloped strip of land directly east of the Association's property. This is to the far right of the entrance sign and can be accessed from Drum Point Road.
2. The undeveloped area behind the mailboxes on Black Fox Trail beyond the landscaped area.
o Owners must pick up after their dog's immediately.
o Garbage cans, with liners will be conveniently located at the 2 walking areas and may be used to dispose of solid waste. These will be put out for collection each week and a new liner inserted at the expense of the Association.
Failure to comply with this rule shall result in a fine to the unit owner involved. Fore each instance of failure to comply, the owner and, where applicable, the tenant, will be assessed an immediate fine of $15.00. No notice of non-compliance shall be required to be given.
Bob Martin made a motion to accept this rule. Gene-Ann Pesano seconded the motion. All were in favor. Unanimously approved.
Bob Martin stated that a request was made by the Treasurer, Ed Kocher in writing for a new rule. Bob Martin read the letter into the minutes.
To: The Board of Trustees
From: Ed Kocher, Treasurer
Date: September 2, 2003
Re: Proposed Rule
For the past several months, a homeowner has consistently been sending the Associations checks that are post-dated to the 25th of the month - the last day on which late payments can be received prior to late fees being imposed. Through a mutually agreed third party, I notified the unit owner that assessments are due on the 1st of the month, and not on the 25th of the month, and to please not post-date checks as I have to process and deposit such checks independently of all other checks received by the Association. The homeowner refused to comply with my request and I still am receiving post-dated checks from the homeowner.
Accordingly, I am making a motion to the Board to sponsor the attached rule, If my motion for sponsorship is made, seconded and carried, please read the text of the proposed rule into the minutes of the September Board Meeting. It can then be distributed to the membership along with the October Newsletter and a second reading can occur at the November Board Meeting, hopefully followed by its formal adoption by resolution of the Board at the November Board Meeting.
Thank you for your consideration.
Proposed New Rule
The Board of Trustees of Drum Point Village West, CAI, is proposing the following new rule. The 1st public reading of this rule occurred on September 10, 2003 at a meeting of the Board of Trustees. The 2nd reading is expected to occur at the next meeting of the Board of Trustees, tentatively scheduled for November 12, 2003. At that meeting, homeowner comments and/or questions about this proposed rule are encouraged and welcomed. If you are unable to attend the November 12, 2003 meeting, and you would like to make a comment about this proposed rule, please provide your comments in writing to the P.O. Box. All comments must include your name. Any written comments will be presented to those present at the November 12, 2003 meeting along with your name.
Post-dated Checks
The Association will not accept post-dated checks as payment towards any maintenance payment or other debt owed to the Association. Failure to comply with this rule will result in the following:
o On the first instance of failure to comply, the Treasurer shall accept the post-dated check as payment and shall promptly notify the check issuer and/or unit owner of this rule, advising such unit owner that future post-dated checks will not be accepted by the Association.
o On the second and all subsequent instances of failure to comply with this rule, the Treasurer shall not be permitted to accept the post-dated check as payment and shall return such post-dated check to the issuer. No additional notice of non-compliance shall be required to be given, Should the return of a non-accepted post-dated check result in an acceptable payment being received later than the required date therefore, late fees shall apply against the unit for which the post-dated check was issued, and such late fees shall be collectible in the same manner as any other common expense assessment pursuant to Paragraph 8 of the Master Deed of Drum Point Village West, CAI.
Bob Martin made a motion that this be read into the minutes and made a motion that it be accepted on such a meeting in November. Paula Groppe seconded the motion. All were in favor. Unanimously approved.
Bob Martin stated that the above request was made by the Treasurer Ed Kocher.
§ 7 Black Fox Trail - requests a full size patio. Bob Martin stated that there is no reason why we shouldn't allow it. A standard letter will be sent out with the guideline, etc. This request is approved.
§ 56 White Swan Way - requests a wooden fence put in adjacent to the rear of the patio. Again there is a standard letter for that. This request is approved.
§ 56 White Swan Way - requests to have a handicap ramp installed at the front entry. Gene-Ann has a letter prepared for that and she would like to read what the conditions are so we all agree:
Your request will be approved with the following conditions:
o You must obtain the appropriate permits from the Township for the ramp.
o You must submit some verification that it meets all the standards set by ADA as well as local building codes.
o If any work needs to be done to the Common Elements of the Property (e.g. moving sprinkler heads), you will be financially responsible for such work.
o You must give at least 2 weeks advance notice if sprinkler heads, water lines, etc. need to be moved prior to commencing the installation of the ramp. We will have the Association's contractor do the work, and we will bill you for it.
Bob Martin said that he will sign that letter also.
§ 56 White Swan Way - requests to have solar lights put in around the landscape area out front. Gene-Ann made a recommendation that we table this request because 56 White Swan Way already has 2 exceptions. Solar lights would be a 3rd. So once we are informed which of the other 2 exceptions will be taken away, we will re-consider the solar light. Bob Martin agreed.
Gene-Ann stated that the financials are accumulative. When you look at the disbursements, the checks that have been written, we just add the checks on each month. So all of the checks that had been written in the Fiscal Year will be on the report. Bob Martin made a motion that we accept the unaudited balance sheet for August 2003. Gene-Ann seconded the motion. All were in favor. Unanimously approved.
Rick Gaynor stated that he really needs some resolution on the dryer vents because it is a hazard and that he has mold in the crawlspace. Bob Martin explained that we are trying to save some money so if we get someone to come in and do all of the remedial work as a group, we can negotiate a better price. Bob Martin asked Rick Gaynor if he could be patient a little bit longer. Bob Martin stated that we are trying to get a plumber in here. Paula Groppe stated that she doesn't have the records of mold on Rick Gaynor's unit.
Terry Bastone believes she has problems with termites, Gene-Ann said that it is part of the sale of a house. Gene-Ann will double check to see who took care of it. If it is our normal person it is covered under warranty. Terry Bastone also said that her garage is wet. Bob Martin told her to look around the toilet and bath tub to make sure the seal isn’t broken.
In 1999 the 47 existing unit owners decided at that time that they did not want the pool. Mignatti (the builder) was going to reimburse us. So far we've been going around on the wording of the agreement. Mignatti said he is only going to reimburse us for the pool and we say the agreement was the pool, the clubhouse, parking, recreation area, landscaping, etc. That is why we are in court with Mignatti.
Gene-Ann Pesano made a motion that we accept the May 2003 minutes as published. Paula Groppe seconded the motion. All were in favor. Unanimously approved. Gene-Ann Pesano made a motion to accept the July 2003 minutes as published, Bob Martin seconded the motion. All were in favor. Unanimously approved.
Bob Martin said the next meeting will be tentatively scheduled for Wednesday, November 12, 2003 at 8:00 p.m.
Bob Martin made a motion that we adjourn the meeting at 9:25 p.m. Gene-Ann seconded the motion. All were in favor. Unanimously approved.