Creekside Village HOA meeting minutes 10/10/23

Flooding

Celeste Kozinski, Tim Wood, Aseel Putros led the discussion

Overview: The flooding issues present in the sub were described, actions taken, and path forward.

Condition: Flooding occurring in the sub as well as to the new sub to the south of us.  

When: Rain fall events with a sustained high rate of rain fall (inches per hour). Occurs 0-4 times per year. (8/24/23, June 2021… August 2014)

Impacts: Primarily Ashbrooke E between Hawthorne S and Nickelby & Hawthorne S which are two low spots/valleys within the sub. Back ups subsequently back up in rear yards along Hawthorne. The height of the water on Ashbrooke E in the road has caused deep enough flooding for vehicles to take water on if parked and others have driven into it not realizing the depth, causing stalled vehicles and water damage as well. The water also encroaches severely to the structure of 4 homes, one front yard and 3 rear yards. On Hawthorne, the water in Hawthorne S encroaches the structures of 2-4 homes in the rear yard.  

Assessment: During rain events in which the rate of rainfall is high, i.e. 1” of rain in 15-20 minutes with continued rain of even a lesser rate, the storm water within the sub finds its way to the detention basins and low lying areas both due to the 30-40’ drop in elevation within the sub and catch basins being bypassed by the excessive rain water, causing storm water runoff to bypass upstream catch basins that exit the area in alternate locations and thus collect in the 2 primary low lying areas.  The overgrowth of phragmites (invasive weed) in the detention basins is also a contributor as this takes away from the capacity of rain that can be held in the pond as well.

Historical Actions: In 2015, there were 2 additional catch basins added per each low lying area on Hawthorne Dr S and Ashbrooke E. On Hawthorne, the exit of the water was modified to a path of less resistance. On Ashbrooke, an extra exit direct to the wetlands was added. These only helped marginally and subsequent rainfalls of high rates still resulted in the same outcome.  In 2022, a restrictor was placed in the Parkway Court part of the system to limit the rate of the storm water exiting to Hawthorne S rear yards to allow more water to flow out versus collecting more. This does create ponding in Parkway Court as a temporary holding place to help manage the water during these rain events, but did help.

2022/2023 Actions:  The HOA investigated clearing the detention basins but it was determined what was considered Creekside park / wetlands is actually a conservation easement per an agreement between the initial developer and EGLE (Michigan Department of Environment, Great Lakes and Energy). EGLE denied the HOA’s request to bring the detention basins back to their original capacity, leaving us stuck as this is a design issue with the system and the Township’s opinion is that Creekside’s system is technically correct by design. However, it doesn’t work with high rates of rain fall.  In February 2023, the HOA met with Shelby Township. The only path forward that wouldn’t have a negative impact downstream was to evaluate the weir wall and potentially push more water towards the wetlands directly during these rain events. (A weir wall is essentially a man made structure that acts as a dam to control the water flow out of the wetlands.) Aseel Putros led the investigation of the weir wall structure and determined that its openings are larger than what was submitted for the original design which would contribute to flooding of the Briarwood sub south of us. This subsequent flooding is also why we can’t just simply just send more water that way. In combination with making the weir wall more restrictive, direct exit paths from the two low lying areas would be able to created. The changes in the weir wall and these two direct exist paths which would only effectively function during the 0-4 high rate of rainfall events per year were proposed to EGLE back in spring of 2023. On 10 October, EGLE did approve of this path forward.  The two exit points would be between 2696 and 2724 Hawthorne S and between 56328 and 56372 Ashbrooke East to be most effective. The water would effectively be flowing directly in the conservation easement area, outside of the storm management system, only during these specific rain events.

Path forward: 

1. The township will be performing a topographical survey to evaluate the impact of creating exit paths direct to the wetlands. This is to ensure that the path assumed that the water will take can take that path without affecting homes that are adjacent to this area. It will also make sure that the homes affected currently with flooding will no longer have the issue of water encroaching house structures. Homes along Hawthorne North should reach out to Celeste Kozinski and/or Aseel Putros with any water flow that they currently see on their property.  The intent is to have a continuous flow of water to the low lying wetland area (stream type flow) where as long as it continues to flow without ponding, it would be limited to only when these rain events occur and would be temporary. We do not know the source of funding for this activity, but this is the must cost effective solution. The Township has not committed to funding anything beyond the survey at this point. Creekside HOA’s opinion (as well as many people at the meeting) is that this is a design related issue that the Township approved. We do not have any hand in the design and are limited by issues larger than just our sub. The township has stated multiple times that this is for the HOA to fix (HOA bylaws call out maintenance only) and that this design would have been approved as-is if presented now. 
2. EGLE also approved of moving forward with phragmite mitigation. This includes submitting an application to do so, treatment, removal, and prevention. Celeste Kozinski from the HOA is leading this action from the HOA. The HOA will look into programs to help fund this as it would be deemed “maintenance” and I think we will have a very hard time getting the Township to fund this.
3. Since this was only verbally agreed upon at the 10 Oct meeting, it has been since put in writing by EGLE.

Road Repairs 

- Stewart Kado led the discussion

2023 Completed work: HOA board member Stewart Kado worked extremely hard at negotiating the replacement of many slabs of road as part of a preservation fund led by Macomb County. He worked with the Macomb County Road Commission to evaluate and identify the worst slabs that can be replaced without the boundaries of the program, i.e. there has to be good slabs to tie to. To give an idea of how much this saved the Creekside community, the HOA received a quote of $70,000 just to fix the roads at the 2 entrances and the County covered above and beyond this. We estimate the cost to be around $300,000 for what was completed, funded solely by Macomb County.  

Future Work:  

- The HOA board met with Shelby Township’s Engineering firm AEW, Gordie Wilson, to get a better understanding of the road replacement program which is funded by the Township and County. Hawthorne is the worst road in the sub, however it did not meet the requirements of preservation program as it needs complete refurbishment.

• Roads throughout the entire state of Michigan are assessed with a 1-10 rating scale, Pavement Surface Evaluation and Rating (PASER).
• PASER was last completed in 2021 for Shelby Township: 73 miles of roads were determined to be rated as 1, 2, or 3. These become the priorities to fund to fix.  
• Hawthorne was rated as a 4 in 2021, but it has clearly deteriorated significantly more since then.
• PASER is expected to be completed again in spring of 2024
• Between the further deterioration of Hawthorne, the drainage issues, and the expectation that many 1, 2, and 3 roads have since been repaired, we are hopeful that Hawthorne’s rating and issues might result in funding.  
• The Township submits their nomination requests in September 2024. Typically 3-4 subs get nominated. 2025 would be the earliest that this could occur, if Creekside is both nominated and approved.
• Squeaky wheel – all residents are encouraged to reach out to the primary Township and County POCs to complain and create some noise for road concerns, especially in school bus areas, like Ashbrooke E and Hawthorne S which is likely the worst intersection in the sub and is also an Elementary School bus stop. 

- Ashbrooke E was also raised by a homeowner at the meeting as an area of concern. 

- The HOA will continue to work with Macomb County to try to get more slabs replaced through the preservation program with the County.

- The 50/50 fund match program is no longer occurring

Point of Contact at township offices will be updated here when one is obtained.  For now, please contact Gordie Wilson, Township Engineer (586-731-5100) to complain about road conditions (be very specific in your complaint regarding quality and location of road area you are referring to.)

Budget

- Stewart Kado led the discussion

-Just like homes were hit with sidewalk replacements by the Township, the HOA was hit as well. Sidewalk slab replacement was a $62,500 expense for the HOA, with work completed in August 2023. Lowest quote vendor was used who happened to be the same company the Township hired. Over 100+ slabs were replaced (8’ slabs) that are the HOA’s responsibility for the 26 mile bike path that goes around outside of the sub along Dequindre/26 mile. Most were identified by Shelby Township and several more were replaced that were heading in that direction to lower the cost per slab as it was most cost efficient to do so. 

- Please take pictures if you see any heavy equipment or vehicles riding on this path, 26 and Mount Vernon is a hot spot for this activity. A DTE work truck is to blame for much of the cracks. The HOA can and will go after the companies if damage occurs as a result of this. Recording it can go a long way!! 

- Dynamic has increased their rates but it is less this year due to mulching of common areas and along 26/Dequindre is only done on even years.

- There are 8 total delinquencies for payment of HOA dues that the board is currently taking action on.  

- A homeowner asked if we can share who is delinquent. No, the HOA board cannot and will not share these names due to legal reasons.

- A homeowner inquired about how to pay when they live out of state when they are due and why liens are placed. Liens are placed after second delinquent notes are provided to the homeowner. If an HOA dues invoice needs to be sent to an alternate location, it is as easy as sending an email with the address to request this. Email: CreeksideVillageShelbyTownship@gmail.com

- Quickbooks is used to manage the payments.  

- Homeowner asked about credit card payments. This has not been implemented due to the fees associated with doing so. Stewart will look into this for payments, but if this is implemented, any fees will be added to the homeowner to pay.  

- Homeowner asked the process for quotes. The HOA board ensures that there is a minimum of 3 quotes for any expense.

- $22,980 in 2022 was a Creekside expense as it was maintenance checks and maintenance (discussed in flooding) for fixing a berm for the pond, televising the catch basins and storm system pipes for damage.

- No HOA dues increases are planned in 2024.

- Homeowner Q: Blue spruces need to be sprayed along 26 and Dequindre as they are dying from fungus. HOA – Because of the growth of the trees, most are being pulled without replacement as they are overgrown. Currently no budget planned outside of removal.

- Reserve funds were discussed. Some homeowners suggested increasing the HOA dues now to account for road age/concrete replacement, water management, 26/Dequindre berms, etc.

- HOA board does meet to forecast and plan the budget on a regular basis.  

Outdoor Maintenance

- Jim Mattison led the discussion

- Outdoor Maintenance: The HOA has sent several violation letters to homeowners not meeting the bylaws. Please continue to contact the HOA via email (CreeksideVillageShelbyTownship@gmail.com) for nonconforming homes. The board does not always see the same thing the homeowners see. The HOA does have the ability to fine homeowners and complete the necessary actions, which will be billed to the homeowner if this occurs. Weeds, landscaping overgrowth, tree and shrub maintenance/trimming, grass cutting, and storage of items that are not approved are a few of the key things followed up on.  

- The HOA will look into the cadence for letters, etc.

- Reminder from Homeowner: Trees near the sidewalks and road should be trimmed such that a person riding a bike can pass underneath. Many homes in the subdivision do not meet this requirement.  This is a Shelby Township requirement.

- Snowplows – Damage can occur to yards. Please contact Dynamic to report it and they will fix it in the spring.  

- To prevent snowplow damage, homeowners are encouraged to place snow sticks along the street. They can be found as cheap as $1.25 each at Debbie’s Dollar (27 and Van Dyke).  

Mailboxes

- Mario Flores led the discussion

- The details of the quote was provided and walked through (lowest of 3 quotes)

- A sample of the proposed mailbox was available for homeowners to review in person. 

- A proxy form was available for homeowners at the meeting to review and vote on the mailbox.

- Quote is currently $325 per homeowner. While the mailbox installation company agreed to hold on the labor costs until next year, there is no guarantee for the cost of the mailboxes. The mailbox price quoted matches the website’s price.

- Installation includes removal and disposal, cemented post installation, house number installation, assembly to post.

- HOA can only move forward if 60% of the homeowners approve of the mailbox effort. If greater than 60% of the residents vote yes, all homeowners will be required to pay the expense of $325 per home.

- Homeowners are responsible for their mailboxes, but the HOA is also responsible for the appearance of the subdivision as a whole and thus led finding a best product and install for the price for the most cost-effective solution for the subdivision.

- Multiple mailboxes and the structure to support them are beyond their life expectancy. Birds living in the unused newspaper portion of the box are a nuisance and many homeowners have blocked this section off with various solutions (tape, bricks, shoes, etc). Due to the extensive rotting of the wood, there are mushrooms growing, holes, mailboxes no longer attached to the structure, flags have come detached, handles detached, and bees are taking up residence. Many are no longer structurally sound, especially in phases 1 and 2. Homeowners have reached out to repair companies who are not interested in this work. Quotes to replace as is have been higher than the cost to replace new.  

Provide a homeowner who offered to assist with the mailbox votes a map with lot numbers and who has already provided a vote.

HOA Board Email: CreeksideVillageShelbyTownship@gmail.com

Website: creeksidevillageshelbytownship.com

Facebook: Creekside Village Neighbors (not run by HOA)

CREEKSIDE VILLAGE OF SHELBY HOMEOWNERS ASSOCIATION (HOA) 

PROXY VOTING FORM 

Creekside Village of Shelby Homeowners Association is requesting your vote for the replacement of the Mailboxes.  

Purpose: Many of the wooden mailboxes have reached their end of life, especially those in phase one and two (Hawthorne, Nickelby, Ashbrooke Dr E). The board is proposing replacing them with aluminum powder coating black mailboxes. While the HOA is coordinating and negotiating pricing with the vendor for the complete project, each Homeowner is responsible for the cost of the mailbox replacement. The 2023 rate for the removal of the existing mailboxes, disposal, and installation of new mailboxes is approximately $325. If the Homeowners Association (HOA) receives 60% favorable (Yes) voting, the Board Members will obtain an updated revised cost in the spring of 2024 and invoice for the cost of the mailboxes along with the next HOA annual dues in early March 2024. 

Dated: ________________________                      

Vote (circle one):  YES    /     NO  

_____________________________________ 

Signature of Registered Owner (voter)    

 _____________________________________ 

Printed Name 

_____________________________________ 

Address 

Due: 1/31/2024 

Instructions 

While it is important for everyone to be present at the Association Meetings, we realize that attendance is not always possible due to prior commitments.  If this applies to you, complete this proxy as follows: 

• Enter your signature, print name, date, and address where indicated 
• Email or Mail at the address below 

Mail to:   P.O. Box 183009, SHELBY TOWNSHIP, MI 48318 

Email to: CreeksideShelby@outlook.com