December 11, 2012 NSEA Board Meeting
The December 11, 2012 NSEA Board Meeting was called to order at 6:30 PM at the Spring Lake District Library.
Board members present were: Messrs Baines, Davidson, Herkner, Spyker, and Ms. Hoexum and Velarde. Mr. Thomas Thornhill was present as legal counsel. In addition Mr. Gordon Gallagher from theSpringLakeTownshipand Mr. Ken Hoexum from the Association were present.
I. Secretary’s Report
The minutes of the November 13, 2012 meeting were read and approved.
II. Treasurer’s Report
Mr. Spyker reported that there has been a 63% response for 2012 Association dues representing 65% of the collectable monies (approximately $10,000).
It was reported that the City ofFerrysberghas been contracted to plow the road this winter and the Association will be billed on a per plow basis (as in the past).
III. Old Business
a. Concerns regarding use of NSEA Property
The Tyler Smith property (18501 NSE Rd.) is being advertised on internet sites for rental for special events (weddings, etc., up to 475 guests). There appears to be an association with www.dadds.com.
No Parking / Tow Away Zone signage has been installed along the north road cul du sac.
Mr. Baines announced he was contacted by an individual requesting she be allowed to “bag the signs” for a function she was sponsoring at the 18501 location. This request was denied due to the problem it would cause with traffic flow and creation of a potential safety issue
A function did occur at the 18501 site this past weekend (Sunday December 09) apparently for the purpose of promoting the facility. There were multiple cars parked in violation of the Association Bylaws and Lakeside Towing service was summoned, but following a discussion with members of the Association, no cars were actually towed. The Association’s regulations (parking policies and commercial use of the property) were discussed with representatives hosting the function, but no resolution was forthcoming.
Pictures and videos were taken documenting the parking violations.
In addition to the violations stated above, it has been noted that Mr, Vincent Labozzetta has been in violation of Association parking rules. A letter prepared by legal counsel and signed by Mr. David Baines will be sent to Mr. Labozzetta informing him he is in violation of Association parking regulations and requesting he conform to the rules.
After a lengthy discussion, the Board concluded that the Spring Lake Township Board was not willing to intervene (commercial use of residential property) and considering Mr. Tyler Smith has not responded to the Association’s communication, legal action was felt to be the Association’s only remaining recourse.
It was moved and seconded that the Association Board make a recommendation to empower its attorney to proceed with a lawsuit (temporary injunction) against Mr. Tyler Smith in support of the Association’s bylaws and Covenant regarding parking rules and commercial use of residential property. The motion was amended to include Mr. Vincent Labozzetta. The motion was discussed and passed by unanimous vote.
IV. New Business
a. Road Resurfacing – Discussion with Mr. Gordon Gallagher
Mr. Gordon Gallagher fromSpringLakeTownshiprecently approached the Board offering the Township’s willingness to provide services to facilitate repair / resurfacing of theNSE Rd. The Board invited Mr. Gallagher to tonight’s meeting to further discuss the Township’s offer.
Summary of Mr. Gallagher’s discussion:
Mr. Gallagher discussed the Township’s experience with theVilla Parkproject, which involved road repairs. The Township provided the engineering services, defined and facilitated collections of assessments, and the road repairs.
Cost estimates would be made by SLT engineers who would define individual assessments. The method of assessment (lot, footage) could be discussed after the estimates were submitted. Payment could be lump sum or financed over 3 years at 8% interest (the interest rate may be negotiable).
,The Township would then petition the Association members for a consensus to proceed with the project. The method of defining a consensus was stated by Mr. Gallagher to be the majority of eligible voters (based on the Township’s past experience).
Mr. Gallagher was informed that previous cost estimate of the NSEA road project was $500,000 and Mr. Gallagher felt the Township could finance this amount.
Prior work by the Association including the engineering would be used to help define the perameters of the project.
The situation with the South road residents was discussed and Mr. Gallagher who indicated the City ofFerrysbergmay join with SLT to complete the project.
Bids for paving would be submitted to private contractors. There may not be the need for constant supervision by a NSEA engineers to oversee the project depending on the private contractor.
A new road would unlikely alter property taxes.
Methods to slow traffic were discussed and Mr. Gallagher suggested this be discussed with the engineers and felt there were various options available.
Mr. Gallagher suggested that a letter be submitted to theSpringLakeTownship Board defining the project and requesting the Township’s service. An initial assessment of Membership approval was suggested prior to submitting the letter. A $5000 deposit would be required.
The Board felt it was essential that the SLT proposal to provide services to replaceNSE Rd.be presented to the Association members and allow time to answer Member questions. It was felt this would, most likely, require 1 year to facilitate enough information dissemination and resolve pending issues (South residents) before initiating the project (2014 likely to be the earliest).
The Board felt that the method of defining approval of Association members would conform to the Association’s current criterion ie. approval by a majority of votes submitted.
A letter to Association members describing the SpringLakeTownship’s proposal to provide road repair services will be sent in the 1st quarter of 2013. The letter should be followed immediately by personal communication by Board members with their neighbors verbally outlining theSpringLakeTownship proposal and offering to answer questions. Suzi Velarde offered to develop an initial draft of a letter to Association members to be reviewed at the next Board meeting.
The next NSEA Board meeting will be January 8, 2013.
The meeting was adjourned at 8:27 PM
Pete Herkner, secretary