A meeting of the Board of Directors of the Williamsburg Settlement Maintenance Association, Inc. was held on Tuesday, October 15, 2013 at 5:30 p.m. at the Williamsburg Settlement clubhouse, 1602 Hoyt, Katy, Texas 77449.
ATTENDANCE
Board Members present were Walt Smith, Gail Owens, Floyd Ball, Dave Ellis and Michael Wood. Also, in attendance were Officer Paul Wilburn and Dolores Sue representing Planned Community Management, Inc. (PCMI).
With a quorum being established, the meeting was called to order at 5:30 p.m.
MINUTES
The Board reviewed the minutes of the September 17, 2013 Board meeting. A motion to accept the minutes as written was made by Walt Smith, seconded by Gail Owen and unanimously approved.
HOMEOWNER CONCERNS
There was one homeowner, the president of MUD 61, present at the meeting.
He mentioned that he has not heard the mosquito fogging truck lately and asked if it is still servicing the subdivision as the mosquitoes are still bad. Dave Ellis confirmed that the service is continuing and that after each visit the driver stops and places a hanger on his door. To confirm that the truck is following the prescribed route its progress is tracked by a GPS signal which is transmitted every few seconds back to the company office.
PATROL SERVICE REPORT
Martin Spears was unable to attend the Board meeting. Officer Wilburn stated that again it has been a quiet month. The officers are seeing a small increase in disturbances at certain residences. It was reported there had been an increase in “meet-the-citizen” events and checks on the clubhouse and school this month. The Board asked him to clarify the “meet the citizen” report entries. Officer Wilburn explained that these indicate meetings that can be initiated either by the patrolling officer, or as a result of a resident stopping an officer while on patrol. This is usually done when the resident has a question or a concern that they wish to bring to the officer’s attention.
He also noted that many residents are taking advantage of the vacation watch service provided by our patrol officers.
FINANCIAL AND DELINQUENCY SUMMARY
Dave Ellis presented the financials. As of September 30, 2013, the money in the bank totaled $590,980.00. This includes checking, savings accounts and CD’s and is the money to cover both operating expenses and the necessary reserve to fund maintenance and replacement of the Association’s capital assets.
Delinquency for the month ending September 30, 2013 was $17,418.91. There is an increase due to attorney costs being processed. Those fees have been placed on each individual account.
MUD 61 FLOOD ABATEMENT PROJECT
At this time the Board agreed to re-arrange the Agenda to discuss a New Business Item that had arisen after the meeting agenda had been published. Mr. Wheeler BeMent, President of the MUD 61, had been invited to the meeting to elaborate on the MUD 61’s proposed project to reduce the impact of flooding such as that which occurred on Bucktrout to Abby Aldridge in 2009.
To reduce future flooding, Mr. BeMent explained that the MUD 61 is in the process of contracting to purchase and then demolish a home on Bucktrout. The ground would then be graded and a 72” storm drain installed under the lot to carry excess water from the street then along the outside of the perimeter fence and across Colonial Parkway emptying into the detention pond. The MUD purchase agreement would be predicated on the Association signing an agreement giving the MUD exemption from paying the maintenance fees currently assessed by the Association against that lot and from the need for the Association’s approval of any structure that might subsequently be placed on the lot and any deed restriction issues that might subsequently arise. Further; the agreement would require the Association to “protect, indemnify and save the MUD harmless from any claims regarding losses, damages, cause of action, suits and liability of any kind and character including all expenses of litigation, court costs and attorneys’ fee on account of damages to the District in any way arising out of or relating to the breach of the agreement by the Association”.
Mr. BeMent stated that the MUD has no current intention to erect any above-ground structure on the property, and as the lot is deeded as a residential single family dwelling the MUD attorney feels that the agreement would supersede the need for a homeowners’ vote. In order to proceed with the project this agreement is necessary as the lot must be extracted from the requirements of the deed restrictions which apply to a single family dwelling.
The Williamsburg Settlement Board expressed their appreciation to the MUD Board for making efforts to protect the homes in the subdivision from flooding and stated that it supports the aims of the proposed project. However, it has concerns, including whether it even has the authority to sign such an agreement. If the Association attorney confirms that such an agreement can be signed, before doing so the Board would require modifications to the document as currently proposed. The first item would be an expansion of the Recital section to include a more definitive description of the project. Mr. BeMent stated that he could write a better description of the concept but the design will not be finalized until the Association has given its approval and the lot has been purchased. The next issue is that if the Association waives its rights to enforce architectural and deed restriction control, how it could be sure that the lot would not become an eyesore? Mr. BeMent stated that this could be accomplished by the MUD granting the Association a 50 year lease on the property for a nominal cost of $1.00 per year. This way the Association would bear the cost of the on-going maintenance of the lot, but it would be able to ensure that the property would be maintained to community standards.
The Board unanimously agreed that it would be prepared to consider such a lease agreement but that the lease would need to be prepared and signed at the same time as the agreement required by the MUD. Mr. BeMent stated that at a later time the subdivision could request funds from the MUD to make certain agreed-upon improvements.
The approximate cost that the MUD would be spending to make the necessary flooding abatement provisions would be in the neighborhood of $800,000. This would be a saving of about $400,000 over the alternative plan of laying the extra storm drain along Bucktrout to Carters Grove.
A motion was made in two parts: Motion A was that the Board would agree to the agreement/recital as long as it is expanded to include a more definitive description of the project and only after the Association attorney has reviewed and changes have been made.
Motion B was that the Association would be prepared to accept a lease of the property which would begin after completion of the project and total clean-up of the site. This lease would be attached to the agreement/recital as part of the contract.
Dave Ellis made a motion that when the above modifications to the agreement have been made, the lease prepared and all documents have been approved by the Association attorney, then motion A and B be accepted and the documents signed without the necessity of a further meeting. This motion was seconded by Gail Owen and unanimously approved.
OLD BUSINESS
Status on Repairs to Carter’s Grove Monument - The previous limestone slab that had been ordered was broken and had to be replaced. The new slab has now been delivered to the company which will re-build the monument and the work should begin Monday, October 21, 2013.
Tennis Court Gate - Dave Ellis reported that a box containing a key to the gate has been installed inside the courts near the gate for use by anyone who might otherwise have been locked in. That key is under camera surveillance. This issue is therefore now closed.
Clubhouse/Pool Status - Dave Ellis reported the clubhouse water heater has been replaced since the last meeting. He also reported that the pool furniture was cleaned before being stored until the pool reopens next year. However, all attempts to remove the stains on the furniture’s vinyl straps were unsuccessful. The furniture company has advised that once these stains have been burned in by the strong sunlight they can’t be removed.
Further, the pool contractor will be submitting a proposal for items that need attention before the pool reopens prior to the 2014 swim season. The proposal will include new lifeguard stand platforms as both are badly cracked.
NEW BUSINESS
Trimming Trees at Entrances - When lowered to half-staff, flags at the entrances are being fouled by the trees There is a proposal to trim these trees at all four entrances for a price of $300.00. For an additional $300.00 the contractor would also trim the remaining trees at the four entrances. A motion to accept both proposals was made by Walt Smith, seconded by Gail Owen and unanimously approved.
The Board feels there may also be a need to trim some of the trees over the parking spaces at the clubhouse. Dave Ellis will request an incremental price from the contractor to include this additional work and an approval for this additional trimming will be obtained by e-mail vote.
2014 Assessment invoices - Floyd Ball reported the 2014 assessment notices need to be mailed out November 15, 2013. The Board instructed PCMI to contact the attorney for any additional legal fees so they can all be placed on the accounts prior to mailing them
ADJOURNMENT TO EXECUTIVE SESSION
At 7:15 p.m. the Board adjourned to executive session to discuss delinquencies, deed restriction matters and security issues.
DECISIONS MADE DURING EXECUTIVE SESSION
Delinquency - The Board reviewed the delinquency report. At the present time no additional accounts need to be sent to the Association attorney.
Deed Restrictions - The Board reviewed the deed restriction list from the inspections performed October 2, 2013. It was unanimously agreed no accounts will be turned over to the Association attorney for legal action this month.
With no further business the meeting was adjourned at 7:21 p.m. The next meeting will be November 19, 2013 at the community clubhouse.
IMPORTANT NOTE:
Subsequent to the meeting, the Association attorney informed the Board that after his detailed review of the proposed MUD 61 flood abatement project agreement, he has determined that the Board does NOT have the authority to sign the document. Such an agreement would require modifications to the Association’s dedicatory instruments which would require approval of 2/3rds of the membership.
