Meeting Time: 19:00

Attendees:

Liberty Square Board of Directors: Tony Weatherington, Carl Sulzer

Property Manager: Chardon Wyatt

Homeowners: Martha Moore, Gloria Dunaway, Dennis Hinton, Mary Maloney, Peyman Khan, Flora Odom, Brian Solomon, Marlene Nikoukary

City of Acworth: Mark Hipp, Director of Public Works ; Brandon Douglas, Assistant City Manager

 

Minutes:

The meeting was called to order at 18:05

Neighborhood Update

A brief neighborhood update was given on the currents status of the neighborhood and recent activities being undertaken on behalf of the residents

  • City of Acworth Representatives were present to discuss any issues residents may have with the trees/sidewalks
  • HOA financial status was reviewed – largely unchanged from May
  • Pool Issues were detailed
    • The pool company used for the pool resurfacing came out to repair tiles falling off the pool prior to its opening last month. This was done free of charge.
    • Two pool lights needed to be replaced because they were tripping the breakers. This was done by a licensed electrician at a cost of $850. The timer to turn the pool lights on is located inside the clubhouse in the bathroom hallway.

Tree Management

Following the May HOA meeting, a committee was created to provide input into tree and sidewalk management in Liberty Square. Three volunteers came forward to form the committee: Jeff Bixler, Sandy Hinton, and Bill Jury. Sandy provided an update on the committee and the board’s activities over the past month:

  • The board and tree committee have met with the city to obtain their viewpoint
  • The city is very concerned not only with the sidewalks, but also with the underground utilities which are buried for the most part directly under the trees and are not enclosed within conduit.
  • The city has committed to fixing all of the sidewalks in the neighborhood, investing $11,000 into replacing 540 feet of concrete
  • Where trees need to be removed for the sidewalk to be spared further damage, the city will remove those trees
  • Following talks with the city, the committee came up with three options that could be taken following the city’s initial repairs:
    • Option 1: Continue to allow the city to handle all future repairs to the sidewalks. We have been warned by the city that should they continue to handle the maintenance that they will remove any trees causing damage to the sidewalks at the time of repair.
    • Option 2: Raise funds to cover future sidewalk repairs without the assistance of the city. We discussed this option with the city, and while it’s not being presented to us as an option for this initial round of repairs (as the city has already procured funding and a contractor), we as a neighborhood would have the option to manage future repairs ourselves. This may leave us with the option of leaving trees intact, but would require sidewalks to be diverted around problem areas and encroach upon homeowner property in some situations. This would also mean that the city would no longer be responsible for the maintenance of the sidewalks, and the burden of future costs would be upon the HOA.
    • Option 3: Individual homeowners can assume the maintenance costs of the sidewalks bordering their homes should they object to the removal of trees adjacent to their property. The City has advised that in this scenario, individual homeowners would be responsible for repairing any trip hazards that develop as the trees mature, and that the City would not resume ownership of maintenance in the future unless the trees in question were removed.

Following Sandy’s summary, Brandon and Mark from the city of Acworth were given the opportunity to speak.

Brandon commented that while it initially looked as though the neighborhood would need to be clear-cut to accommodate the utility lines, the elected officials within the city council have made the determination that this option is not really viable. The city prefers to take a wait and see approach with regard to removing trees for the sake of utilities. As the trees continue to mature and cause possible damage, the city will work with the HOA whenever a tree must be removed. The city sees this as a partnership between themselves and the HOA and look forward to working with the HOA.

As Public Works Director, Mark is very concerned with the power and communications lines buried beneath the trees. He commented that knowing exactly where any line is buried is very difficult, and given the size of the available open land in Liberty Square, planting trees in other locations is not feasible.

The city representatives stated that they do not wish for the neighborhood to plant any additional trees to replace those being removed and the HOA would not be held accountable to the city tree ordinances for trees that must be removed. The HOA is welcome to plant small bushes, shrubs, or other plants that do not have extensive and invasive root systems.

Following a few questions, the HOA did indicate that we are currently seeking a landscape architect to properly plan for aesthetically pleasing replacements for any trees that the city might need to take.

If the city takes additional trees out this year, they will work with the HOA and in some cases the individual homeowners to ensure that there are no surprise removals. Once the sidewalks are dug up for replacement, the city will be able to better assess which trees are causing the most damage.

SIDEWALK REPAIRS ARE SCHEDULED TO BEGIN JULY 6TH and should take 1-2 weeks.

Open Discussion

The floor was opened for discussion regarding any topics

  • Some residents have commented that the landscapers are not doing a proper job and have asked to cease service. The HOA will arrange for the landscape company owner to meet with these residents to hear their concerns. This is a preferable option to individual residents hiring outside landscapers for mowing. Common concerns included:
    • Bald spots
    • Mowing Too fast
    • Why are large riding mowers being used when push mowers would probably be better?
      • Putting the landscape contract out for bid is a possibility next year, but specifying all-pushmower usage will likely cost much more
    • Residents discussed the pros and cons of all three tree options presented by the committee.
      • Option 1
        • Pros: Cost is borne entirely by the city; sidewalk liability remains the purview of the city
        • Cons: Additional trees will likely continue to be taken by the city
      • Option 2
        • Pros: Trees have greater potential to be saved
        • Cons: Cost is borne entirely by HOA; sidewalk liability is now the responsibility of the HOA; multiple repairs to the same areasbecause of the same trees
      • Option 3
        • Pros: Trees have greater potential to be saved; Individual homeowners have more say into the infrastructure fronting their homes
        • Cons: Cost is borne by homeowners; City no longer has any responsibility for that portion of sidewalk; Difficult to enforce a repair once a homeowner has agreed to take responsibility; Liability for that sidewalk could impact the HOA; Subsequent buyers of the home must be willing to accept responsibility
      • A vote was taken to gauge resident preference for each option:
        • Option 1: 12 Votes
        • Option 2: 0 (Zero) Votes
        • Option 3: 1 Vote
      • The grouping of residents present at the meeting voted in an overwhelming majority to allow the city to maintain the sidewalks and trees
      • A resident commented that someone attempted to break into their home during the early morning hours a few weeks ago. The police were called and determined the man was intoxicated and was claiming he was at his own house. The man was arrested for public intoxication and taken away.
      • Residents have been improperly parking along the entrances to the alleyways when plenty of street parking is still available. Residents are advised to call the city of Acworth non-emergency line to report this and the city will ticket the vehicles.

The meeting was ended at 18:55.

Dear Liberty Square Homeowner:

 

Following the tree removal work earlier this spring, many of you have expressed concern and interest in the issues the neighborhood is currently facing with the trees and sidewalks.

 

At the last Homeowner’s Association Meeting, held on May 3rd, the community voted to form an Ad-Hoc committee to deal with tree-related issues in the neighborhood.  The committee was formed from those volunteering on that same night.  Since that time, members of the board of directors and the tree committee have met with the city to discuss various options for tree and infrastructure management.  The City of Acworth has committed to fixing all of the sidewalks in the neighborhood, including those sidewalks impacted where trees still exist, and will do so this season.  Many of you may have seen the orange cones placed on some of the sidewalks with no work having progressed.  This is because the city has determined that the amount of concrete to repair is too big a job for their in-house teams and they have sought an outside contractor. The city is planning to invest $11,000 towards repairing 540 feet of sidewalks.

 

We have also been informed by the City that there is a longer-term issue with the trees that until now had not been brought to light. According to utility surveys done by the City (and confirmed via the plan submitted by the builder to the City when the neighborhood was being constructed), the power, gas, telephone, and cable lines were buried in bundles right beneath the trees that line our streets. The City has acknowledged that this was an oversight at the time of construction and should not have been allowed to happen. The City’s concern is that due to the fact that these cables are buried in bundles rather than in conduit, it’s possible that in the future the neighborhood may experience infrastructure problems should tree roots cause a short in any of the lines. The City has stated that residents in Liberty Square may be facing 24-48+ hours of power outages should we ever encounter a problem, as wide scale trenching would need to be done in order to find and repair the problem.

 

The City has recommended a “wait and see” approach with regards to the buried utility lines in the neighborhood. While they advised that the only way to truly eliminate the risk would be to remove all of the trees, they understand that maintaining the aesthetic integrity of the neighborhood is also important.

 

That being said, the position of the City at this time is that the sidewalks must be repaired in order to maintain a certain level of safety for those in the neighborhood.  They have a great deal of concern about the way the trees are impacting the sidewalks, and have stated that they will be removing additional trees that they believe pose an infrastructure risk.  While the HOA has stated that it will not be removing any trees in the neighborhood this year, we would like to make clear that as the trees lie on City land, the City will be removing additional trees as they deem necessary to avoid future sidewalk problems.  They have also stated categorically that their position is that the neighborhood not replant any trees which are removed, as there is simply not enough room within the neighborhood to support mature trees without impact to both sidewalks and underground utilities.

 

Following the meetings with the City, the tree committee has put together a list of options moving forward following the initial repairs and tree removal by the city.  These options are:

 

●      Option 1: Continue to allow the city to handle all future repairs to the sidewalks. We have been warned by the city that should they continue to handle the maintenance that they will remove any trees causing damage to the sidewalks at the time of repair.
●      Option 2: Raise funds to cover future sidewalk repairs without the assistance of the city. We discussed this option with the city, and while it’s not being presented to us as an option for this initial round of repairs (as the city has already procured funding and a contractor), we as a neighborhood would have the option to manage future repairs ourselves. This may leave us with the option of leaving trees intact, but would require sidewalks to be diverted around problem areas and encroach upon homeowner property in some situations. This would also mean that the city would no longer be responsible for the maintenance of the sidewalks, and the burden of future costs would be upon the HOA.

 

●      Option 3: Individual homeowners can assume the maintenance costs of the sidewalks bordering their homes should they object to the removal of trees adjacent to their property. The City has advised that in this scenario, individual homeowners would be responsible for repairing any trip hazards that develop as the trees mature, and that the City would not resume ownership of maintenance in the future unless the trees in question were removed.

 

These options will be up for discussion at the next scheduled HOA meeting on June 25th at 7PM in the clubhouse.  We invite all those interested to attend the meeting, where we will not only discuss the options but also have the ability to ask questions of City of Acworth representatives Mark Hipp, Director of Public Works, and Brandon Douglas, Assistant City Manager.

 

For additional information on this and other neighborhood issues, we invite you to visit our newly created web site at LibertySquareAcworth.com. Sign up for our email list and you will receive the most up-to-date communications.

Meeting Time: 17:00

Attendees:

Liberty Square Board of Directors: Tony Weatherington, Marty Marks, Carl Sulzer

Property Manager: Chardon Wyatt

Homeowners: Jeff Bixler, Brian Solomon, Elaine Rojas, Dennis Hinton, Karlene Hinton, Deshon Bullock, Shelley Bullock, Mike Loy, Cyrilla Smith, Harold Kellogg, Sharon Williams, Shu-Min Yen, Sandy Hayes, Sally Latino, Shannon Darrah, Ginger Oliveto, Ernie Oliveto, Gloria Dunaway, Les Dunaway, Bill Jury, Martha Rawan, Rhea Jeanne Starnes, Floralynn Odom, Myron Smith, Hal Moore, Karin Agnetti, Karen McPhee

Minutes:

The meeting was called to order at 17:05 and began with introductions around the room

Neighborhood Update

An update was given on the currents status of the neighborhood and recent activities being undertaken on behalf of the residents

  • HOA financial status was reviewed
  • Pool Issues were detailed
    • The pool opening is scheduled for Mother’s day weekend
    • Tiles have begun falling off the pool once again. The pool company who did the resurfacing work has been informed and they will be out to repair it free of charge. This may delay the pool opening – we will hear more from them in the coming week
    • Pool/Tennis/Bathroom locks have been replaced and new keys are being distributed. Keys were distributed from 1800-2000 on 5/3 and will be distributed again on 5/9 in the clubhouse. Old keys must be exchanged for new ones
  • Painting Works were detailed
    • The clubhouse has been repainted and the decking stained
    • A repair was made in the Men’s bathroom following a burst pipe over the winter. New cutoff valves have been installed and drywall repaired with an access panel
    • The entryway fence and fence at the rear of the neighborhood will be painted white by the same company as soon as the weather permits
  • Landscape issues were reviewed
    • Gold Touch Landscaping was out to walk the property with Team Management and a board member on 5/1. Issues to be followed up include improvement of the corners where dead bushes have been removed and potential replacements for trees that have been removed
  • Tree management was discussed
    • The trees removed in the neighborhood were removed due to their root systems causing damage to utility lines or sidewalks. The absolute worst cases were targeted for removal
    • Several arborists were consulted before the decision was made to remove trees, and all of them agreed that the space the trees were given was not conducive to trees growing to maturity. There is too little space.
    • The City of Acworth has refused to repair neighborhood sidewalks until the trees were removed
    • The city is working with the HOA to ensure the sidewalks are repaired and the trees are properly replaced where needed. They are very open to replacing the trees in different locations with different species, they ask only that the HOA keeps them informed of its intentions
    • The board is currently evaluating urban trees as replacements for those that have been removed
    • Street tree removal activities are finished for 2015.

 

Open Discussion

The floor was opened for discussion regarding any topics

  • A resident was concerned about the current state of mulch at the playground. Team management will take action to get mulch as needed
  • A resident was concerned with the playground equipment being dirty. Team management will take action to have the equipment cleaned
  • A resident brought up the topic of a basketball hoop being purchased for the tennis court to keep children from playing in the streets
    • This is something that was decided some time ago, but the volunteers who were to install it moved away
    • After much discussion, it was agreed that residents favored a hoop in the tennis court with the explicit rule that any basketball players would defer the court to tennis players. The board must vote on purchasing the hoop
  • A resident was concerned about the equipment being used to mow lawns inside of back yard fences. Team Management has informed Gold Touch to begin using small push mowers in these areas
  • Several residents voiced strong opinions both for and against the tree removals in the neighborhood
    • A motion was put forth that an ad-hoc committee be formed to determine the tree replacement strategy for the neighborhood. The motion was seconded and passed with no opposition by those homeowners present, with the board abstaining from voting.

The meeting was ended at 18:20.