VILLAGE WALK SOUTH BOARD MEETING MINUTES APRIL 3, 2007 1. ROLL CALL Erica Getz Sue Jordan Verity Minahan Terry Myers Tom Collins Mary Webster Deb Coburn Meeting called to Order at 6:00pm Motion: to move the ARC and By-Laws Report to follow the Treasurer’s Report. Motion: seconded and passed unanimously. 2. A. APPROVAL OF MARCH MINUTES Motion: to accept the minutes. Motion: seconded and passed unanimously. 3. PRESIDENTS REPORT - Mary Webster A. Acceptance of resignation of Chris Dean as Treasurer. B. Leave the Board as a six member team with Verity Minahan and Deb Coburn filling in for Chris Dean. C. Recognition of the success of the Winter Social. D. Recognition of Judy and Steve Guest and Murielle McKinley for their hard work planting and caring for the new bushes along 6^th St., the entrance way and the pool area. E. The initiation of a Volunteer Form. F. Recognition of the new Board Committees, their volunteers, and the work of Deb Coburn. G. April 30, hurricane season. A hurricane preparation plan needs to be defined. This may be defined in the next Assessment that is mailed out. 4. MANAGER’S REPORT - Deb Coburn A. Termite Inspections - this is a homeowner’s responsibility and expense. B. Clubhouse Cleaning service has resigned as of March 27, ‘07. Motion: to accept Spiffy Housekeeping Service on a monthly basis. Motion: seconded and passed unanimously. C. New Pool Service - SeaCoast Pool Service has been hired as of April 2, at half the cost of the previous service, on a monthly basis. D. Volunteer Indemnity Agreement - to be signed prior to any work by volunteer Board members and Homeowners. The Agreement should be written in plan terminology and reviewed by an attorney and presented at the May meeting. E. IRNB Checking Account - this account needs to be closed with documentation from the Board. F. SeaCoast Banking Account - the money market account was opened with $60,000 and the “free business checking” account opened with $5,000. G. Maintenance Man - Gus Johnson will be filling in for Bob on a temporary basis. He is onsite Mondays and Wednesdays. H. Management Response Time - this may need to be amended from a 24 hour response time due to the large number of emails and phone calls placed to Deb’s office. Deb answers “through the Board” and not necessarily by personal phone calls or emails to Homeowners. New ideas need to be pursued to increase response time. A plan needs to be devised for times when Deb may be unavailable due to vacation or illness. Verity Minahan and Sue Jordan will meet with Deb to review the problem and recommend solutions. I. Pool Deck Repair - Deb has 3 estimates for coping repairs. Tom Collins wants to meet with the Pool company to discuss what the problems are and various solutions before we commit to any repair work. The pool was built 5 years ago and there may be no recourse from the builder, but Deb will pursue this. Motion: to approve Tom Collins and Verity Minahan to make expenditures of up to $1,000 to have the pool coping fixed.Motion: seconded and approved unanimously. J. Financials - the Board was given a copy of the finished financials for review before the CPA finalizes them. An extension has been filed until September. This report will be moved to the May Board meeting. Verity Minahan wanted to note that the Association is taxed as a nonexempt income at a flat rate of 30% on taxable income in excess of $100. K. Utilities for the Clubhouse - from 1/31/07 to 2/27/07 was $1,154.83 L. VWS Monthly Financials - cash on hand is $66,369.00 5. TREASURER’S REPORT - Deb Coburn A. Motion: to close the VWS bank account at Indian River National Bank and transfer the funds to SeaCoast National. Motion: seconded and passed unanimously. 6. ARC - Erica Getz A. The ARC has recommended the following Guidelines: 1. To regulate the use and appearance of the property and all improvements constructed in Village Walk South to assure harmony of the external design. This is all in accordance with the Village Walk South Covenants, Article VI. Pre-Approved items in the Guidelines are: a) annual flowers, shrubs and hedges, b) flower beds around transformers and utility boxes, c) flower beds adjacent to dwelling, d) lanai stone border, e) earthen strip between driveways, f) screen doors and g) garage coach lamps. 2. Variations from the Guidelines require the application of a “short form” for minor plant additions not on the approved list, or the “long form” required for more significant landscaping or architectural changes to the exterior of the unit. 3. Violations of the Guidelines receive a notice from the Site Manager, a request to correct the problem, or have it removed at the owners expense and turned over to a Collection Agency. 4. The complete ARC Guidelines can be found in the Clubhouse or on the VWS website. At a later date they will be distributed to all the Homeowners. These Guidelines are effective as of April 3, 2007. Motion: to accept the ARC Guidelines. Motion: seconded and passed unanimously. B. Recent ARC applications - Erich Kollmann at 499 6^th Manor submitted a detailed “long application form”. It was reviewed by the ARC members with an on-site inspection and approved. Robert Guest at 643 5^th Avenue submitted a detailed “long application form”. It was reviewed by the ARC members with an on-site inspection and it was also approved. C. 33 Palm Trees - Dale from ATF landscapers planted the Queen palm trees along 6^th St. and 5^th Ave. Dale Bushong installed the irrigation “bubblers” to each palm tree. D. 20 Viburnum bushes - Dale Bushong planted the large viburnums at the west end of Bldg. L-M and Bldg. Q-R. E. Mary Webster would like the latitude of the ARC reviewed and presented at the May board meeting. 7. BY-LAWS TASK FORCE - Terry Myers\ A. The Task Force met for the second time on Sun., March 18. The meeting lasted approximately 90 minutes. The Task Force reviewed all the remaining sections of the By-laws with the exception of the definitions. It was felt that this section would have to be reviewed by legal counsel. The recommended revisions have been incorporated into a new document and distributed to the Board members. Once the Task Force has finished making revisions, the document will be given to legal council for review. After legal review the revised By-laws will need to be ratified by the Homeowners before they can become official. It is hoped to have the new By-laws ready for ratification by the Annual Meeting in July. No date has been set for this meeting. B. The Board went through the By-Laws line by line with comments on the new additions. 8. DRAINAGE REPORT - Tom Collins Tom and Kirby Kenney met onsite during a recent rain storm and saw first hand what the problems are. A new area of concern is on the West end of 6^th St. The last 3 homes have standing water. Mr. Kenney addressed this letter to John Blum at Carter & Associates: Dear Mr. Blum: We have discussed this file on several occasions. My clients are the Home Owner Association of Village Walk South (“HOA”). The HOA wants a letter written to document the issues of concern. I would request that your office respond in writing to create a record of efforts and actions. Carter Associates was the engineer of record for this development’s multiple phases. Ray Kennedy and his companies acted as developer and contractor. There are some physical issues that have recently come to the attention of the Home Owner Association, and through this law firm, have now come to your attention. This letter serves to review those physical issues and to set out our understanding of where we are going from here and how these issues are to be resolve. I want to make this clear that the HOA is pleased with progress and cooperation from all parties. I would hope that no one will read anything hostile into these letters or communications. I am hopeful this will be worked out amicably. Current Issues: l) Storm water drainage in and around all homes at the end of each street in the development, is not functioning properly. The cause of this poor drainage is elevation of the slab on grade and/or the elevation of the main streets in front of each of these homes. Solutions being discussed include re-shaping the areas between these affected homes and the streets in front to allow for storm water drainage. Ray Kennedy and Carter Associates have promised to design this re-shape contract, get it permitted and have the work done. My firm will be involved in the design to make sure the HOA is happy with the solution being proposed. I want to point out that this elevation problem exists at the end of every street; elevation of the streets got higher at the end of each street while elevation of slabs on grade remained at 11.55. When the elevation of the street rose to 11.55 or higher, the problems began. It is in these areas that our attention is focused. 2) Retention Pond main drainage pipe to the eastern edge of this development, is blocked and is completely buried. This office has communicated this issue to the County that maintains the drainage ditch east of this development. We have asked that the County determine how the exit pipe got buried and why this problem exists. Carter Assoc. will assist this office to determine that the outflow pipe was installed at elevation as shown on the County approved drawings and to determine how this outflow pipe could be designed in such a way that it is completely buried and there is no possibility of any storm water to escape this development without overflowing onto neighbor property. 3) Retention Pond bank on the North side is at improper elevation. This is a lucky break given that the outflow was completely buried. Storm Water escaped into the neighbor storm water system and was managed. Without this escape, multiple HOA units would have been flooded. Carter Assoc. is aware of this berm issue and has begun steps to complete paperwork needed to get St. Johns permission to fix this berm. 4) Storm water catch basins hold water to the top of the grates in several areas of the development. This means that the pipes that lead into the Retention Pond are at improper elevation (too high) and water is backing up into the catch basin and storm water piping. While the Retention Pond issues are being dealt with, Carter Assoc. needs to investigate this issue and determine how and why and report back to this office. 5) Curb and pavement elevation at the North end of 5^th Ave. is .30 feet low and water pools. Carter Assoc. Needs to investigate this matter and determine if the curb and pavement is at elevations shown on the drawings and what the solution is to this issue. CONCLUSION: This list represents the items of concern to date. My service to the HOA is to resolve each one with the assistance of Carter Assoc. and Ray Kennedy. Timing of the resolution of each of these items is critical. Hurricane and Rainy season will be upon us very soon. I must get resolution of all of these issues ASAP to avoid liability from Homeowners or the neighbor property. We have a very short window. Please hurry on your end. Let me know if I can help in any way.’...Kirby Kenney A. Core Drilling - Kirby Kenney recommends 3 core drillings to determine road status. Motion: to approve the core drilling up to $1200.00. Motion: seconded Erica- aye Sue- aye Verity- aye Terry- aye Tom- aye Mary- aye Motion: passed unanimously B. Statute of Limitation Issue- we have 3 time- frames to consider: 6^th Street, east end (2004), 6^th Street, west end (2003), 6^th Manor (2006). The law states ‘from the time when you should have been aware of the problem’. Mr. Kenney can investigate these time frames, but it may take up to 5 hours of time. Motion: to have Mr. Kenney research the VWS Statute of Limitations up to 5 hours. Motion: seconded and passed unanimously. 9. A. NOMINATING COMMITTEE - Sue Jordan - nothing new to report. B. RULES AND REGULATIONS - Verity Minahan - she and Maureen Collins are nearly done with the revisions and will have it ready for the May 1 meeting. 10. OTHER BUSINESS 11. HOMEOWNER’S COMMENTS Maureen Collins, 6^th Lane - when you fill out an ARC application, how long does it take to get it approved. The Short Form would be a few days, while the Long Form may take 5-7 days. As stated in the Guidelines, Annuals and flowers, plants and bushes, etc. that are in the Guidelines require no ARC application. Stephen Guest, 5^th Ave. - had comments about the By-Laws. Michelle Jacobus, 6^th Manor - standing water in the lawns and gushing from the road surface. Homeowners on 6^th Manor are turning off their sprinkler heads. The irrigation is running 3 times a week now to accommodate the new palm trees on 6^th St. and 5^th Ave. Rosalie Wills, 6^th St. - sprinklers are not covering some areas of her yard and over watering other areas. Joe Woodrich, 6^th St. - is there a master plan of the irrigation system. This was checked along time ago and the answer is ‘no’. 12. NEXT MEETING: TUESDAY, MAY 1, 6:00PM 13. ADJOURNMENT: 8:10 PM