ROCK CREEK PROPERTY OWNERS ASSOCIATION Board Meeting Minutes, April 10, 2005 Meeting Held at Rock Creek Clubhouse

BOARD MEMBERS PRESENT: Nick Gill, Marilyn Douglass, Henry Cassity, Marvin Wilder, Mike Newsome and Lee Frailie.

PROOF OF NOTICE OF MEETING: The notices of meeting dates are published on the web-calendar, newsletters and previous meeting minutes.

APPROVAL OF MINUTES: The minutes of the March 13th board meeting were subsequently approved, by vote at the meeting and by email from members who were not in attendance.

COMMITTEE REPORTS: Executive – Nick Gill The Executive Committee, as a consequence of our last Board meeting, met with Christopher Baker, (along with Cathy Golden, Mike Newsome, Hal Brown and less Jeff Phillips), to discuss the rezoning request for the parcel to the north of Rock Creek at the Montrose Woods entrance. It was a polite and productive meeting where the positions of the RCPOA regarding such rezoning were voiced. The hearing for the rezoning in front of the Planning Board has yet to be set. The RCPOA intends to testify. Several emails were exchanged among members of the Executive Committee and Cathy Golden regarding the erosion problem into our ponds and streets from lots currently under construction. We have informed the City of our problem and will discuss remedies at our meeting. We are expecting the ARC/CC&R committee will provide suggestions at the meeting as well. There is no update as to the widening of the exit lanes out of the Rock Creek entrance. We await Jennifer Fidler’s comment. Jennifer Fidler has decided that it would be best that our sign posts (stop signs and other decorative sign posts) be purchased by the RCPOA (and ERCPOA and Sandy Ford). The City will store them and install them as needed. I have been in touch with Pat Achee of Sandy Ford but as yet have no agreement with him. I have not discussed the matter with the ERCPOA. Marilyn Douglass is working on adding accel and decel lanes for the South Drive exit and Eric Dyas is working on the South Drive Island with the City. Environmental / Landscape – Mike Newsome ?? Selected seasonal color installation, will include included Dragon Leaf Begonia’s, Confetti Lantana, Black

Elephant Ears, and Sweet Potato Vines. ?? During March, Coastal did the following: 1) tested and repaired our irrigation system ; 2) fertilized our turf and

shrubs ; 3) applied pre-emergent to planting beds ; 4) routine mow, blow, trim and edge. ?? In April, they intend to do the following: 1) apply 2nd round of turf pre-emergent; 2) apply Warm Season Turf

Fertilization; 3) apply fungicide as needed / required; 4) apply insecticide on plant materials as required; 5) install spring seasonal color 6) routine mow, blow, trim and edge.

?? Johnny Young, the President/Owner of Coastal Landscaping had planned to attend the meeting, and provide a brief discussion on landscape screening for Beaver Dam and Mockingbird ponds , but was unable to attend and will be deferred to the next meeting.

?? Coastal suggested a special note to our homeowners regarding potential lawn problems, which has been added to the News on the web and is as follows : Due to the mild / wet fall and winter, we are seeing a significant amount of fungus, especially in centipede lawns. Compounding the fungal problem, the recent extreme rains have enhanced the problems due to erosion. Major areas of concern are slopes and areas in shade where the soil does not dry out as fast. You should attempt to increase the sun’s exposure to these damp areas by pruning nearby bushes & trees as well as consult with your local lawn expert about a treatment for the fungus.

?? There have been numerous attempts to reach Big John’s Tee Service about completion of the remaining bid items, but have not been successful. Will follow up and update at the next meeting.

?? Mike plans to meet with Mike Wilson (Baldwin Road Builders) on April 11, to nail down a work date for the Mockingbird Pond, muck-removal and repair the Beaver Dam sinkhole.

?? The two ponds nearest to the main entrance (North Creek Circle and Mockingbird Lane) have been inundated with red clay and fill dirt runoff from nearby builder job sites from the recent heavy rains. This is further

compounding the potential work and repair that will be required to fully address the pond renovations and alternatives as we go forward with these projects in the future.

?? The plants to screen the power box at the intersection of Rock Creek Parkway and Clubhouse Drive have been ordered and should be in late next week. Hopefully, the Honours people can take care of the installation quickly to accommodate the adjacent landowners ’ timeframe. (If Honours cannot handle it timely, Coastal may be required to step in to finish the job).

Financial – Henry Cassity for Jeff Phillips The following updates the 2005 actual expenses YTD 2/28/05 compared to the 2005 Budget expenses summarized for a three-month period:

YTD 03/31/05 Budget $ Over Budget

Income

Member Dues $168,546 $165,000 $3,546

Total Architect Review Fees $600 $250 $350

Bank Interest Income $272 $200 $72

Capital Fund $867 $201 $666

Revenue - Other (Late fees, etc.) $2,261 $500 $1,761

Total Income $172,546 $166,151 $6,395

Expense

Maintenance $4,337 $2,500 $1,837

Environmental $525 $525 $0

Insurance $0 $750 ($750)

Landscape Maintenance $28,229 $28,229 $0

Legal Fees $854 $1,125 ($271)

Management Fee $3,000 $3,000 $0

Membership Activities $1,267 $1,000 $267

Office Supplies $125 $300 ($175)

Postage $90 $300 ($210)

Telephone $401 $300 $101

Utilities $1,369 $2,500 ($1,131)

Taxes $0 $150 ($150)

Misc. $170 $750 ($580)

Total Expense $40,367 $41,429 ($1,062)

Net Income $132,179 $124,722 $7,457 As of March 31, our checking/interest bank accounts totaled $201,316.22; accounts receivable decreased to $6,775.90. The following property owners are still in arrears on dues, penalties and other fees owed the Association as of April 1, 2005:

Lot# Amount 035 $440.00 041 $92.60 058 $440.00 061 $979.00 069 $440.00 096 $440.00 130 $484.00 149 $440.00 181 $440.00 182 $484.00 211 $539.00 223 $440.00 248 $440.00 265 $440.00 351 $641.30 Total

$6,775.90

For lots 41, 61, 211, and 351, if payment is not received by August 1, 2005, a “Notice of Foreclosure” action will be pursued for debt collection. For the other lots, if payment is not received by August 1, 2005, a lien will be filed and $50 lien fees will be added to each lot owner. Social – Nick Gill The Easter Bunny event was a huge success. Catherine Thomas coordinated the efforts, and incurred $133.26 in expenses for candy, and other items for the event. A motion was made and passed subsequently (completed by email vote) approving these expenditures and reimbursing Catherine. ARC/CC&R – Ray Clark Architectural Review This has been an especially busy time with a special meeting on 3/23 in addition to our 3/16 and 4/6 regular meetings. The agendas for each of the meetings were long, reflecting the increased activity in the neighborhood. As we have long feared many of the plans on the remaining lots have just barely met Rock Creek standards , most likely a reflection of increased building costs and the building difficulty of the remaining lots. The committee has carefully reviewed the new house plans and had to make numerous revisions and add more conditions than in the past. For example, one (1) new house plan on 3/16 and two (2) house plans on 3/23 were originally proposed with less than the minimum required square footage (that is 1/3 rd of the new plans in this report). In all, there were 9 new house plans, 3 landscaping revisions, 2 swimming pools, 3 fences, and a variety of other changes and revisions for a total of 22 submissions. A new house submission was put on hold until the builder was cleared of a City of Fairhope “stop order” on an existing project in Rock Creek; 3 items were not approved outright, and the number of revisions required seems higher than normal. In addition to the heavy schedule, many of the projects have caus ed substantial problems with construction project maintenance and retention/runoff. (See CCR report.) CCR The committee recently clarified its existing policy on flagpoles into one statement. A new policy was published, and addressed two violations. The committee reviewed the board suggestion for corrective action for poorly maintained yards (and property). The information was appreciated, but, it was generally felt that it would be too unwieldy and far too long (up to 135 days) to be effective. (Theoretically, a lawn that was mowed and trimmed on 5/15 would look bad and get a letter sent on 6/1, second letter on 7/1, third letter on 8/1, and a final letter on 9/1, and on 10/1 RCPOA would hire it done and bill the owner, 4 ½ months in all). The committee has instituted a 2-step process; (1) if standards are not met a nice letter with 14 days to correct, and (2) a firm letter with 7 days to correct or RCPOA will hire and bill. At the time of second letter Coastal is notified and given a work order to correct on 8th day if not completed/corrected by the homeowner. This procedure is actually far more lenient than many of the other POAs in the area and is in the middle of past POA experience of our committee members. We also feel it will be effective. The numbers of violators are few and seem to be the same ones. These few are having a negative impact on all of us and it hardly seems fair for a few to make it unpleasant for the 98% who do it right. The runoff and drainage issues are a real problem that will only get worse as most of the remaining lots are on substantial slopes. Chris Baker from the City has agreed to meet with us on 4/20, and we have gotten the name of a local soils engineer with expertise in runoff/retention. We are anxious to see what Baker has to say, and depending, may want to approach the board for minimal funding for an engineering study of the problem , along with short term and long-range solutions. Our ponds are already feeling the effects, and the last thing we want is ADEM to force an action on us. Since a quorum had not been achieved, it was agreed that an email would be sent to members not in attendance, and ask for their vote on normal business activities…approve 3/13 board meeting; Easter event expenditures; and meeting reports submitted. (Eric Dyas and Kay Hicks affirmed their votes, by email, for these items). The meeting was adjourned at 5:30 p.m. The next Board meeting is scheduled for May 8, 2005, at 4:30 p.m. at Rock Creek Clubhouse. Respectfully submitted, Henry Cassity, Secretary