ROCK CREEK PROPERTY OWNERS ASSOCIATION Annual Homeowners Meeting Report, January 10, 2008 Meeting Held at Rock Creek Clubhouse

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1 ROCK CREEK PROPERTY OWNERS ASSOCIATION Annual Homeowners Meeting Report, January 10, 2008 Meeting Held at Rock Creek Clubhouse I. Welcome & Introduction Kay Hicks (President) Meeting was called to order at 6:30 pm. The report on the quorum status was given. There were 200 votes/proxies for the meeting, which fell short of a quorum to conduct RCPOA business. Since a quorum was not achieved, a follow-up meeting was noticed for February 11, 2008, at 5 p.m., to be held at the Rock Creek Clubhouse, and, at that time, the current votes and proxies that have been received will be sufficient to elect the proposed directors, and approve the proposed budget. Kay introduced the 2007 Board and Committee members. addressed a number of areas that are covered below. She reviewed the agenda for the meeting, and II. Reports of Officers & Committees: A. Executive Committee Kay Hicks (Chair) Neighborhood Watch: A committee from all three POAs RC, ERC, and Sandy Ford, and, Honours Golf & the Club at Rock Creek met with the Fairhope Police Chief regarding vandalism and other issues affecting our community. A number of issues were addressed, and considerations for prevention and other safety measures were outlined. Plans continue to be considered and pursued. Honours Golf: The teenagers who were responsible for damage on the golf course were caught, with additional patrols and surveillance that were implemented. There continues to be a problem in keeping unauthorized persons off the golf course. The club has taken a more aggressive stance in this regard, as it is private property and only members playing golf, and guests should be on the premises. There are regulations for driving a golf cart on the course, that stipulate that the driver must be 16 years old, with a valid driver s license, and must be playing golf. (The age & license requirements also apply when operating a golf cart on the street.) Other Reported Crimes: There were a number of cars that were vandalized on Pinnacle Court on January 4, Apparently, the vehicles were unlocked, and the responsible parties were caught. There was a break-in on Pebble Court, but nothing was taken. There was a possible drug related arrest on Ashton Court, which was discussed at length at the meeting. (There was another related arrest reported, but specifics need corroboration). A number of concerned residents expressed their feelings about it, and wanted the Association to pursue whatever avenues that it has available regarding the allegations that were raised. The Board will form a committee, get the police reports regarding the arrests, and will work through its legal counsel to address these concerns and take appropriate action that is deemed possible from the Association s standpoint. Preventive Measures: -Call 911 or use the non emergency number Lock up your possessions -Shut your garage door -Be Observant -Report unusual activity to the police -Report trespassers at the pond Block Captains: Kay thanked the 18 block captains, who delivered 3800 pieces of mail at no charge..4 Newsletters and 4 Flyers for Special Events. She asked for additional volunteers for 2008! Communications: There were a number of website enhancements in You can print a members directory; keep up to date by using the contact button; the crawler feature contains the latest information available to RCPOA members; and, there are other improved features in governing documents, minutes, links, etc.

2 B. Social Kay Hicks Rock Creek Yard Sale: There were two Yard Sales in 2007.April 14 & October 20. Due to its success, this should continue as a semi-annual event. The Easter Egg Hunt was held at the Club at Rock Creek on April 4, and will be repeated this year. Swingin into Summer Block Party took place on May 5.This was presented as a summertime opportunity for neighbors to get together in Savannah Square. There are no plans for one this year due to the cost and lack of participation. First Annual Krewe of Rock Creek Mardi Gras Parade was held on February 10 th. It will continue in 2008, as it was well received. C. Community Liaison/Traffic - Eric Dyas (Chair) Riviera Utilities: Announced early in 2007 that they were upgrading their distribution and transmission lines into Fairhope, which required new installation of power poles and lines along U.S. Highway 98. This process required an approval from Fairhope s P&Z prior to upgrading its power lines. In April 2 nd meeting, P&Z approved Riviera s proposed upgrade subject on the condition that no overhead lines will be installed at our entrance, which the POAs from RC, ERC, and Sandy Ford were firmly against. Mayor Kant promised that the City would work with Riviera to get the lines in front of our entrance installed underground without cost to the POAs. In November, we found out that Riviera was circumventing Rock Creek, as a result of not getting any financial assistance from the POAs for the underground portion, and had unilaterally decided not to include Rock Creek in their upgrade. A follow-up meeting was held with the Mayor about what Riviera was doing, and he advised that he would take care of it, and ensure that our community would benefit from Riviera s upgrades. A final resolution remains. Water Pressure: There have been a number of complaints received from residents regarding the lack of water pressure. Dan McCrory, Superintendent of the Water and Sewer Department, has advised that system-wide testing is ongoing to identify the problem, if any, and find a solution. The City has checked each of the properties for which complaints have been received and has not found any problems on the City s side of the meter. Possible problems would include a valve partially closed; water restrictors on plumbing fixtures; scald-guard; and overuse. The City has contracted with an outside engineering firm to study this problem, and we will push the City to move ahead and implement recommended solutions. (Adding another water tower in our area is one option that has been discussed). If any one has water pressure problems, please contact rcpoa@bellsouth.net or ericdyas@bellsouth.net, and we will get the City to come and check the service delivered to your residence. If there are no problems with the service, a plumber should be called in to investigate. We all must be sensitive to water use, and schedule irrigating the yard so as not to conflict with other high demands! Park Lane (Townhomes) Project: The Board met in two special sessions to hear and discuss the issues regarding the project. The proposal is to rezone approximately two acres at the Swim/Tennis/Fitness Club to allow development of 10 townhomes. It would be located on the south side of Honours Lane, which is currently a greenbelt area of the Fitness/Tennis/Swim Club s PUD. The board opposes this change, and voted to support the P&Z Commission staff s recommendation to the Council to reject the townhouse project, as the PUD should not be altered from its original purpose. The P&Z was to meet on 12/3 to review, but the request was withdrawn. It was rescheduled for 1/7, and was again removed from the agenda. This matter is still pending P&Z review. Other Issues: There were two new street lights put in during 2007 one on High Pines Ridge and the other on Clubhouse Drive, where lighting was needed. The members were asked to let us know if there were any other locations where lights were needed. Also, if there is a street light that is out or needs repair, they should relay this information to the City of Fairhope at telephone# Speeding is a big concern for many residents. We have asked the Police to increase its patrol and enforcement, and will continue to do so. There has been an ongoing effort to get the City to fix our streets. Rather than patching holes, repaving our streets is badly needed as the infrastructure is over 15 years old. This remains a high priority for the board in 2008! C. Environmental/Landscape Mike Newsome (Chair) & Ann McLaurin The Association owns and maintains 12 acres of common area in Rock Creek. There are 19 irrigated islands; 4 ponds and adjacent area; 14 other parcels of varying sizes. In addition, it maintains 15 feet into all vacant lots that have not bee developed.

3 Our Landscape Contract price for 2007 was $103,915, excluding the front entrance portion that we started maintaining in August The contract has an automatic renewal clause for 2008, which increases the total amount by 2% COLA. The following is contract recap since 2002: $108,324 (2002); $108,490 (2003); $110,700 (2004); $112,914 (2005); $103,915; and, $103,915 (2007). In 2007, we completed the renovation of the front entrance area. As a result, we made the Rock Creek wall and entrance sign more visible to incoming traffic. There were several larger plants removed, and we planted lower growth color plants in front of the wall giving it a cleaner and more manicured appearance. We also repaired the landscape lighting, which further enhances it at night. Additionally, we renegotiated the maintenance agreement for the front entrance, reducing the area covered, and got ERC to participate by contributing to the monthly expense. This lowered the annual cost by almost $10,000, and we received over $2K from ERC in 2007 for the F/E maintenance. We removed the lighted aeration fountain from the Beaver Dam pond, and relocated it to the Mockingbird pond. There were several reasons for doing it: 1) pond conditions; 2) pump size; 3) cost vs. benefit. This continues to be a trial process, and we will determine later in 2008 if it is successful there. The pond maintenance continues to be a major item for the committee. In September, we entered into a contract with The Lake Doctors, Inc, which specializes in pond water quality management. They currently handle a number of clients in our area (one is the Rock Creek Golf Course). The contract provides for monthly pond inspections, and, applications of appropriate chemicals that are approved to control weeds, grass, and algae growth in the ponds. In addition to the water quality problems at the Beaver Dam Pond, a sink-hole reappeared that needed to be addressed as well. It was further determined that the pond needed to be cleaned out as the accumulation of silt from run-off has greatly impacted its effectiveness. Consequently, the board approved both repair projects, as it would be prudent to do it at the same time while the large equipment was on site. The total cost was almost $37K. There will be some added landscape costs in 2008, due to the excavation and related damage that was incurred during the repairs and site work. The landscape infrastructure will need continuing maintenance, as it is over 15 years old. We started the re-tipping of beds in 2007, with the islands at Clubhouse Circle & Beaver Dam and Clubhouse Drive & Beaver Dam. This is required to replace the top soil and irrigation heads, and, add new plants that will grow better in these areas. We hope to do about 4 beds in There were several other items that were addressed in We added a live Oak tree to the common area on Oak Bend Court, replacing a tree lost due to weather. The area was also leveled. Another tree (Japanese Maple) will be added to the common area at South Drive and Oak Bend in early The common area between Lots 191 and 192 was deeded over to the property owner of lot 192. There has been a lot of discussion regarding the North Drive pond, which has had increased utilities costs high electricity bills to run the pump for its water supply and increased water bills for irrigation. There are concerns that the pond may have a leak, but, it is felt that the drought that we have had for the past two years has greatly impacted it through evaporation and related strain. The latter is what we feel is the case, which is what our outside resources have offered, but differs from the residents living around the pond. They feel that there is a leak, and, therefore, it will need further review. D. ARC and CC&R Harry Kohler (Chair) Harry thanked eveyone for their contribution in making the neighborhood look great. He introduced the committee, which includes Gary Fought, Henry Cassity, Helen Chappelle, Sylvia Minton, Jack Nelson, Marvin Wilder, Lee Frailie, and Worth van Zandt. He provided illustrations on how the committee works and interacts in the community. It is essential that all continue to abide by our Covenants, Conditions and Restrictions if we are to remain the premier development on the eastern shore. The Architectural Review and Covenants, Conditions and Restrictions Committee serves 2 related purposes. First, it reviews all drawings and plans for new houses in Rock Creek to insure that they meet appropriate standards of the community including compliance with the Covenants Conditions and Restrictions provisions. Plans for 5 new houses were reviewed last year, plus we approved 7 homes that were completed, and refunded their builder s deposits. Additionally, it reviews all plans and drawings for alterations to the exterior of homes including landscaping changes. There were approximately 35 applications submitted for alterations to the exterior of houses last year. This included 5 swimming pool additions, decks, fences, driveway extension, landscape changes, and tree removals. Secondly, the committee insures compliance with the Covenants, Conditions and Restrictions established for Rock Creek. Most of the issues are the result of complaints submitted to the administrator or the committee. If you have a complaint, go to the web site and file your complaint with the Administrator using the Contact

4 Us button. The committee does have the right to levy fines for non-compliance with the Covenants, Conditions and Restrictions; however, 99% of the complaints are resolved without resorting to fines. Decisions of the committee can be appealed to the Board of Directors. E. Financial Report & 2008 Budget Marvin Wilder Year 2007 Total revenue for the year was $225,109 versus a budget of $218,850, or a difference of $6,259. Actual revenue exceeded budget because: (1) Received an additional $2,925 in Bank Interest Income, due to higher interest rates on our money market account than expected; and, (2) recorded $8,424 for title changes, and other payments for liens, fines, and late fees that exceeded the budget. The contributions for the front entrance landscape were not achieved since Sandy Ford and the commercial businesses on Rock Creek Parkway declined to participate as originally proposed. In April, with a contract renegotiation for this area noted below, ERCPOA started contributing to our front entrance maintenance, and has given us $2,060 for Total expenses for the year were $220,201 versus a budget of $218,690 or a difference of $1,511. Actual expenses exceeded budget because: (1) Incurred $2,461 with an IRS payment; and, utilities were up almost $8K due to the higher water bills and electricity due to the drought conditions. This was mostly offset with the landscape contract negotiations (completed in April 2007) for the front entrance landscape that lowered the annual fee by $10,000, plus lower administrative expenses than budgeted. The net income was $4,908 vs. $160 that was budgeted. As of December 31, 2007, there was $198,785 in our bank account and account receivables were $562. The effective net cash reserves at year-end were $85,535, less builders deposits, prepaid expenses and accounts payable Budget Revenue is budgeted at $216,226, down somewhat from last year s. There is no change in members POA dues, which remain at $450/year. Expenses are budgeted at $215,975 down $3,975, as key projects were completed in 2007, and should return to more normal levels in The net income is projected to be $251. F. Nominations Gary Fought Gary provided background information on the four director nominees to be elected at the annual meeting with terms expiring at the end of The nominees are Hal Brown, Joe Colingo, Tony Gasbarro, and Jack Morrow. The following directors that are leaving the board in 2008 are Marvin Wilder, Kay Hicks, Gary Fought, and Mike Newsome. III. Election of New Board Members Vote Summary as of 1/10/08 Total Members (in person or by proxy) 200 Jan. 10, 2008 Annual Meeting Vote For Against Results 1. Board of Directors Hal Brown Elected* Joe Colingo Elected* Tony Gasbarro Elected* Jack Morrow Elected* Write In: Bill Varney Savan Wilson Approval of Budget Passed* Note: *Effective at the February 11 th Board Meeting, the above directors will be elected, and the Budget will pass in accordance with the quorum provision, requiring 25% of the votes, previously given, either in person and/or by proxy, are valid at this subsequent meeting and/or for action without a meeting. IV. Adjournment Kay thanked the membership for their support and attendance, as well as Honours Golf for their assistance and help in putting on this meeting. The meeting was adjourned at 8:30 p.m.

5 V. Director Change: The board met, following the annual meeting on January 10, to fill the position created by the resignation of Mike Newsome. Eric Dyas was chosen, and was elected unanimously for a one year term. Respectfully submitted, Henry Cassity Secretary, RCPOA