November 29, 2006

 

 

Highland Park Homeowner’s Association

Minutes of August 3, 2006 – Special Meeting of the Lake Lot Owners

 

Meeting Attendees

 

Highland Park Board:

Brian Benham, President

Bill Dickey, Vice-President

Dennis O’Toole, Treasurer

Lisa Wurster, Secretary

Mike Coombs, Board Member

John Price, Board Member

 

Other Homeowners:

            Margaret Plummer

            Anne Ostergaard

            David Snyder

            Stephen Plummer

            Tony Comelia Jr.

            Jennifer Allen

            Jacque Comelia

            Charlie Burris

            Jane Burris

            Ron Atkerson

            Jim Kerpsack

            Richard Price

            Jerry Sutton

            Janet Sutton

            Jerry Day

            Terri Day

            John Kehoe

            Brenda Jacks

 

This special meeting was called by the owners of the lots abutting the two lakes at the front of Highland Park.  The meeting was called due to their concerns about the ongoing maintenance and costs associated with the two lakes located on their properties.

 

The meeting started at 7:00 pm and adjourned at 9:00 pm and was held at the White River Library.

 

Bill Dickey opened with a meeting agenda (see attached Power Point file).   

 

The Lake Owners’ Position and Concerns

Anne Ostergaard presented the lake owners’ thoughts and concerns regarding the maintenance and costs associated with the two lakes at the front of Highland Park.  This group of homeowners will be referred to in these minutes as HPLO. 

 

Anne has lived in Highland Park (HP) for approximately 18 months and believes the lakes have been an issue during that time.  Anne presented a summary of HPLO’s position on the lake expense issues.  A copy of her presentation is attached.

 

Anne also provided the following documents for reference:

 

  • Planning with Power (Protecting our Water and Environmental Resources),  Purdue University Cooperative Extension Service
  • A Citizen’s Guide to Maintaining Stormwater Best Management Practices (for Homeowners Associations and Property Owners), Lake County Stormwater Management Commission
  • Maintaining your BMP (A Guidebook for Private Owners and Operators in Northern Virginia), the Northern Virginia Planning District Commission Division of Environmental Services
  • Lane Use & Water Quality, www.ecn.purdue.edu
  • Highland Park Storm Water Drainage System (summaries prepared by the HPLO)

 

They are concerned about the ongoing growing algae and the maintenance of the pipes and swales and feel that all of this maintenance is part of the storm water drainage system.  The large and small pipes feeding into the lakes is part of the flood surge protection and is also made to take care of pollutants such as fertilizers, etc.  Approximately 4% of the fertilizer gets swept into the lakes.  Without aeration, problems can occur.  They believe that the Covenants require the board to take care of the lakes.  They do believe the board has included surge protection as part of storm water drainage maintenance but do not believe that the board has properly addressed fertilizers and pollutants.

 

HPLO noted that the expenses for the lake shared by Brocton Manor and HP are shared expenses.  They believe that we should establish a relationship with Brocton Manor to help us understand what the board’s financial responsibility should be.

 

The Board’s Position and Interpretation of By-Laws and Covenants

Bill Dickey presented the Board’s interpretation of the By-laws and Covenants and explained the Board’s understanding of the storm water drainage system.  Bill supported this understanding by demonstrating with plastic containers, pipes, gravel and water. He mimicked a retention pond with upper and lower outflow to emphasize the design and operation of the pond and the outflow pumps.  Regardless of the quantity of water running into the pond, the pond did not overflow.  He continuously filled the “pond” with “sediment” but the ponds still did not overflow.  This reinforced the fact that the pond functions exactly as it should because of the design of the upper and lower outflow.  A copy of his presentation is attached.

 

Discussion

Following both presentations, discussion continued.  Bill pointed out Article VIII Section 5….”Any other expenses for maintenance, upkeep and repair of the Lake property including the easement adjacent thereto shall be shared pro rata by each Lake Lot Owner based on the frontage owned by each respective Lake Lot Owner.”

 

Anne made note of page 15 of that same section……”No sewage, garbage, refuse or other solid, liquid, gaseous or other materials or items (other than storm and surface water drainage) shall be put into said lakes, except the Board of Directors may take steps to clear and purify the waters thereof by the addition of chemicals or other substances commonly used for such purposes or by providing therein structures and equipment to aerate the same.”  She asked why there would be any reference to the BOD taking any action to clarify the water if it was not the responsibility of the Association.  

 

The HPLOs still believe that it is the Board’s responsibility to keep up with the sediment buildup in the lakes.  They want the Association to take care of the lakes like other neighboring subdivisions. Several Board members mentioned that the By-laws/Covenants of other subdivisions (such as Brocton Manor) are written in a different manor than HPs. 

 

Anne mentioned that they would like the Board to take a “take care of it as you go” approach rather than a more dramatic approach sometime down the road. 

 

The question of the effectiveness of aeration was raised.  The HPLOs mentioned that the upper pond is in bad shape, had fish kill, algae buildup, etc.  They believe the lower pond is in better shape and has the one pump that is in operating order.  Leistner Aquatic’s  professional opinion is that aeration pumps do slow the buildup process. 

 

Charlie Burris mentioned that the Board has the right to make certain decisions and for about $30-$35 per homeowner this problem would be solved.  Forty-five other homeowners are currently supporting the lake owner’s position. 

 

The Board received the opinion of two legal counsel and both indicated that the interpretation of the Covenants and Restrictions is correct.  Lisa noted that the Covenants can only be changed with respect to common expenses by virtue of an amendment passed by unanimous agreement of the homeowners.

 

The HPLOs want to revisit drainage control.  They believe that the opinion of an engineer may not be comprehensive.  If the lakes aren’t necessary for all homeowners, why are they required to build a subdivision?

 

John Price mentioned that the maintenance on the lakes should be like maintenance on a vehicle, why wouldn’t we upkeep now versus putting off the cost until later when it will be more expensive.  Is there an incremental fund built up for ultimate dredging?  Financially, we should be accounting for it.  Can we include in the budge expense for ongoing maintenance if we get the majority of the homeowners to agree?

 

Steve Plummer mentioned that the water is only part of the equation there is more to it than that.  Algae is growing on the ponds currently and while water may be draining appropriately, it will still become a nuisance eventually.     

 

The Board agreed to review the information presented in this meeting and communicate back to the HPLOs with their thoughts.