Harpeth Trace Services Association

Meeting Minutes 09-20-05

Jan 28, 2006

Harpeth Trace Services Association

President Ken Darby called the meeting to order at 7:10 a.m. at Le Peep Restaurant. In addition to Ken, directors in attendance were Mary Ann Dorris, Jim Knapp, Jim Mathieson, Susan Mitchell, Sanford Payton, Steve Roche, and Linda Shoun. Steve Kravitz of Ghertner & Co. was also present.

1. Ken distributed an agenda and asked if any Board members were dissatisfied with their assigned areas of responsibility, or felt they could not fulfill them. No member expressed dissatisfaction. Ken then asked each member to report on his or her area of responsibility.

2. MONTHLY BALANCE SHEETS: Steve Roche reported that he is still unable to find the figures in the monthly Balance Sheet provided by Ghertner & Co., to enable him to arrive at the cash balances reported by Ghertner. Steve Roche requested that Steve Kravitz come to our next meeting and walk the board through the financial statements and how we can independently verify results from one month to the next. Steve Kravitz agreed to do so.

FINANCIAL AUDIT: Steve also reported that he had asked several accounting firms for a bid to audit our financial books. Most were not interested in such a small, one-time job, but one company did submit a bid of about $4,000. The Board decided that Steve Roche should pursue this project and select a company to audit our books by the end of this calendar year.

3. Ken asked Sanford Payton to report on LANDSCAPING, his area of responsibility.

PHASE 1: Sanford reported that the first phase of work, the rehabilitation around the entrance, has been completed except for minor trimming, which has been delayed to prevent excessive shock to the plants. A small secondary project that calls for adding 25 Azalea plants and more Monkey grass to the area between the two parking pads next to the guardhouse should be completed within two weeks.

KATRINA CLEANUP: When Hurricane Katrina passed over Harpeth Trace Estates, she knocked down a few limbs, some deadwood, and a lot of leaves. While we were having that cleaned up, we also had 3 dead trees in the common area cut, and one live one that was hollow and dangerously close to the road. In addition, we had the deadwood removed from the canopy overhanging the main drive, and removed selected limbs from trees along the road to reduce the chances that ice would overload them and bring them crashing down this winter. The only negative that occurred was that a limb that was in the street near the intersection of Harpeth Trace and Hickory Trace Place was cut into pieces by someone and stacked in the Friedman?’s driveway. Apparently, a series of miscommunications prevented the debris from being removed by the company we hired. For that we apologize.

REGULAR LANDSCAPE MAINTENANCE: We received bids from 2 companies for our regular landscape maintenance. We asked 3 companies to bid, but one company decided not to bid. These companies were chosen because they have a horticulturist on staff who would supervise our work, and because they have multiple years of experience.

Monarch Landscape Company: $23,680 per year = $1,973.33 per month
Glass Lawn: $10,635 per year = $886.25 per month

The new bids do not include snow and ice removal in the figures quoted. Those costs, along with irrigation costs, would be in addition to the quoted price. Glass Lawn has quoted snow and ice removal on an as-needed basis from a subcontractor at a rate of $150 per hour with a one-hour minimum, plus the cost of ice-melt at $35 per bag. Over the 18 months from January, 2004, through June, 2005 (figures unavailable for March and October 2004), our average monthly cost has been $1,224.24. This average includes snow and ice removal.

The Board decided to have Sanford and Ken review the bid items carefully with the low bidder, and if everything seems to be in order, to award the bid to Glass Lawn.

PHASE 2: The next phase of our landscape work will involve 4 separate areas as follows:

Area 1: The First Bluff

This area is defined as starting at a point near the first street light on the left side (moving away from Highway 100) of Harpeth Trace Drive past the intersection of Harpeth Trace Drive and Valley Trace Drive to the last street light before the intersection of Harpeth Trace Drive and Harpeth Ridge Drive, a distance along the curb of approximately 1050 feet, and encompassing everything from the Harpeth Trace Drive curb to the top of the bluff, an average width of approximately 15 feet.

This entire area shall first be cleared of all Oriental Honeysuckle and other undesirable plants, including grass and weeds, by uprooting these plants where possible and cutting and chemically killing them where uprooting is not practical. The exception to this treatment shall be to leave the existing stand of bamboo and a large area of Euonymus vines near the bamboo. Dead and badly bent bamboo shall also be removed.

The entire area shall then be mulched with a 3-inch layer of shredded pine or pine straw.

The first one-third of the area (approximately 350 linear feet along the curb) shall be planted through the mulch with Carolina Jasmine (Gelseium sempervirens) on 24-inch centers. The second one-third of the area (approximately 350 linear feet along the curb) shall be planted through the mulch with Pennsylvania Sedge (Carex pennsylvanica) with 2-inch plugs on 12-inch centers. The third one-third of the area (350 linear feet along the curb) shall be planted with Coral Honeysuckle (Lonicera sempervirens) on 24-inch centers.

Area 2: The Grassy Knoll

This area is defined as starting at a point near the first street light on the left side (moving away from Highway 100) of Harpeth Trace Drive past 900 Harpeth Trace Drive and continuing approximately 410 feet (measured along the curb) to the last street light on the left side before reaching 784 Harpeth Trace Drive.

An area from the edge of the woods to a depth of approximately 15 feet into the woods shall be cleared of all Oriental Honeysuckle and other undesirable plants by uprooting these plants where possible and cutting and chemically killing them where uprooting is not practical. Desirable plants shall also be removed if their location may hinder the proper development of other, more desirable nearby plants. The undesirable vegetation around two prominent Black Locust trees across from Harpeth Trace Court shall be removed, but the trees shall remain. Unsightly dead wood that can be seen from Harpeth Trace Drive shall be removed.

Area 3: Harpeth Knolls Bluff

This area is defined as starting at the first trees past the first entrance driveway into Upper Harpeth Knolls Condominiums and continuing along Harpeth Trace Drive to a point approximately five feet past the stone marker nearest the second entrance to Upper Harpeth Knolls Condominiums, a distance of approximately 300 feet measured along the curb of Harpeth Trace Drive.

The entire area from the curb along Harpeth Trace Drive to the edge of the woods farthest from the street shall be cleared of all Oriental Honeysuckle and other undesirable plants by uprooting these plants where possible and cutting and chemically killing them where uprooting is not practical. Desirable plants shall also be removed if their location will hinder the proper development of other, more desirable nearby plants. In this area, care should be taken to remove as few trees as possible. The entire bluff from the curb to approximately one foot past the top of the bluff shall then be mulched with a 3-inch layer of pine straw or bark. The entire mulched area shall be planted with Coral Honeysuckle (Lonicera sempervirens) on 24-inch centers.

Area 4: Upper Common Area

This area is defined as starting at the point where a line extended along the fence between 500 Harpeth Trace Drive and Treetops Condominiums would intersect the left curb of Harpeth Trace Drive (moving away from Highway 100), and continuing along the curb to the intersection with Hickory Trace Place, a linear distance of approximately 680 feet measured along the curb of Harpeth Trace Drive. The entire area from the curb along Harpeth Trace Drive to the property owners?’ fences shall be cleared of all Oriental Honeysuckle and other undesirable plants by uprooting these plants where possible and cutting and chemically killing them where uprooting is not practical. Dead wood shall be removed from the remaining trees and understory plants.

The Board approved this plan and asked Sanford to solicit bids on the 4 areas from at least 3 qualified landscape companies.

4. Bill Wainwright is responsible for street lights and signs, but since he was not able to attend the meeting, his report was given by Sanford Payton.

NEW STREET LIGHTS: Five new street lights have been installed along Harpeth Trace Drive from the ?“wye?” to Hickory Trace Place. It was reported that one of the new lights and 4 older lights along Harpeth Trace Drive are not functioning properly, and that several lenses are broken. New fixtures have been installed in each of the islands in Harpeth Trace Drive, and new lights have been installed behind the walls at the entrance to illuminate the trees.

OLDER LIGHTS AND LENSES: It was reported that we have 6 different types of lenses in our street lights and that each type has to be ordered and manufactured especially for us. 28 of the fixtures have the same type lens (T3), while the 6 newest lights have another (T7), leaving the other 4 types spread among the 21 remaining fixtures.

Steve Kravitz was asked to call Sam at Anchor Electric (the company that services our lights) and determine if the lens used on our newest lights can be retrofitted to our older lights. If so, in the future we will replace damaged lenses with the new type. If not, we will order a supply of the T3 type. When one of the other types becomes damaged, we will replace the entire light head with the newest type. Steve Kravitz was also asked to get the installed price for a single light head of the newest type, and a price for moving the fixture nearest Wood Valley Condos (across from Valley Drive) at least one foot off the walking path onto the grass. This light continues to be hit frequently by trucks.

LANDSCAPE LIGHTING FOR ENTRANCE AREA: Bill Wainwright was asked to get recommendations and prices in the spring of 2006 for ambient lighting to enhance the area around our guardhouse.

STREET SIGNS: Our new street signs are scheduled to be installed within 2 weeks. If that doesn?’t happen, we can be thankful to the booming Nashville economy.

5. PAVING AND CURBS: Jim Mathieson reported that we are projecting an estimated cost of approximately $300,000 to repave our streets DURING 2009, 2010, AND 2011. If we replace the concrete curbs at the same time, it will add another $100,000. These figures have been used in budget forecasts, which will determine our maintenance fees in the years ahead. In the short-term, Jim will try to determine where we have existing weak spots, potholes, and sunken places in our streets and get an estimate to patch them. If you know of places that should be repaired, contact Jim at james12@mindspring.com. Steve Kravitz was asked to get a price for repainting the stripes on the main drive and speed bumps.

6. IRRIGATION: Mary Ann Dorris reported that as of Saturday morning, all 52 sprinkler heads are working properly again. Our sprinkler system will be especially valuable during the next 12 months until our new plants are well established. After that, it will only be needed on the grass. However, the sprinkler heads are frequently run over and broken by careless drivers. If you see a geyser around the guardhouse, please inform Mary Ann at mawd@mindspring.com.

7. DRAINAGE: Jim Knapp had to leave the meeting before he gave his report, but Steve Kravitz reported that he (Steve) had contacted Bill Curry, property manager of Treetops, about water that discharges from an outfall of their catch basins onto the property at 509 Harpeth Trace Drive. He was told that the Board of Treetops had been informed, but they have not made a decision. The Board asked Jim to contact Joanne Katcher, president of Treetops Neighborhood Association and discuss the situation. Simultaneously, Jim should investigate possible engineering solutions.

Steve Kravitz also reported that he had talked to Linda Ford, president of Harpeth Ridge Condominium Association, about erosion of their property and the property of adjacent homeowners. Steve said Harpeth Ridge Association did not intend to take any action to correct the situation. The Board asked Jim to investigate the cost of having riprap placed in the ditch by a company such as Belle Meade Construction.

8. FALL CLEANUP: Jim also reminded the Board (and residents via these minutes) that the Fall Cleanup will be held Saturday morning, October 8. Participants should meet at the guardhouse at 9 AM. In the spring, we found that gloves and lopping shears are handy tools to bring. Plastic bags and guidance will be at the guardhouse. We will just spread out into the common areas and pick up trash and debris. It?’s a very pleasant way to meet some of your neighbors, and is very beneficial to your community. Put it on your calendars now and join us.

9. Ken Darby reported on LEGAL ISSUES for Linda Shoun, the Board member responsible for that area. The Board hired attorney John M. Baird to review the records of our corporation to determine our legal status and responsibilities. Mr. Baird?’s conclusions follow:

?“In sum, HTSA has general responsibility and authority within the entire Harpeth Trace development with respect to the maintenance and repair of the bridge and access road from Highway 100, primary roads and ways within the development, and utility lines or services that serve the development as a whole (or, perhaps, a particular phase of the development) but which are not maintained by the utility provider. HTSA has both the authority and the duty to levy assessments for the sums needed to accomplish the maintenance of these items. Each separate phase, subdivision or neighborhood within the Harpeth Trace Development has its own set of governing declarations and, with the exception of Phases Two and Three of Harpeth Trace Estates, each has its own ?“Association?” which is to provide governance of these matters. The powers and duties of these associations do not usurp, or take precedence over, the duties of HTSA with respect to the bridge, roads, and utilities. There appears to be an overlap of duties and authority in Treetops with respect to roads.

?“Architectural control may be exercised by the board of the Harpeth Knoll Homeowners?’ Association with respect to the lots within that portion of the development. The governing association for the other single family phases may or may not have this type of authority, but exercise of this authority without additional action would be unwise. The rule making authority of each association would not be broad enough to create this type of right for the pertinent association.?”

DOG BITES JOGGER: Ken also read the following letter which was written by a resident who was bitten by a dog:

?“Dear Harpeth Trace Residents, Tuesday evening, September sixth, a female jogger was viciously attacked by a dog on Harpeth Trace Drive. The dog was on a leash and being walked by its owner. The dog had previously bitten at least one other person ?– this bite was also vicious. Please, if you own a dog that has bitten someone, do not walk it in our neighborhood. It is obvious that a leash does not guarantee control of a dog. Thank you for your cooperation.?”

Ken reported that the dog was seized by legal authorities and subsequently ?“put down,?” and that additional legal action may result from the attack.

ACTION TAKEN AGAINST NEGLECTED PROPETY: Complaints were made to the Board about two neighborhood properties that are unsightly due to lack of exterior maintenance or incomplete repairs. The Board voted to have Ghertner & Co. send legal notices to the owners of each property requesting appropriate action. If action is not started within ten days of receipt of the registered letters, the Board will hire the work done and bill the homeowners. If the bills are not paid promptly, liens will be placed against the properties.

COMPLAINTS AGAINST GHERTNER & CO.: Dissatisfaction with the property management company that handles Harpeth Trace Services Association?’s account have been continuous over a long period of time. Complaints include lack of management advice, slow reaction to problems, lack of supervision and poor follow-up on projects and contracts, and poor financial communications. These concerns were once again communicated to our account manager during the meeting, and Ken Darby requested a meeting with Scott Ghertner. While awaiting the outcome of the proposed meeting, the Board will actively solicit proposals from other local management companies.

10. BUDGET: Susan Mitchell reported on the budget, her area of special responsibility. She presented a spreadsheet covering seven years, including 2005-2011. She projected reasonable increases in normal expenses and projected the extraordinary expense of paving to occur in equal amounts during 2009, 2010, and 2011. In order to meet our projected expenses we will need to increase our monthly maintenance fee to $30 per month (a $10/month increase) starting in January, 2006, and another $5 increase (to $35/month) starting in January, 2009. If our projected costs and expenses prove accurate, we will only have a reserve balance of $26,000 at the end of 2011. Some current Board members feel that amount of reserve is too low. To request an e-mail copy of the full report, write Susan at smitchell@capitalacrossamerica.com.

11. The Board asks you to remember that overnight parking on the streets of our subdivision is against the rules, and could be disastrous if a fire truck or other emergency vehicle is blocked by your vehicle. Since the rule is against you, your liability could be high.

12. Please carefully consider the unfortunate results of walking a dog that is known to have bitten someone. Pick up after your dogs and try to keep them quiet during the night. It?’s so unpleasant when a resident has to report a neighbor?’s dog to the police.

13. Our website is www.harpethtrace.org. We have a lot of information there.

14. The next regular Board meeting will be our Annual Meeting at the Jewish Community Center, 7 PM, January 24, 2005.

Respectfully submitted,
Sanford Payton