May 31, 2009

New construction at Cumberland Harbour

Great Capes Builders, LLC, is building this home for the Ownby family on Wards Lane. Dennis and Helen Ownby, working with their builder and architect, went to great lengths to save as many of the wonderful live oak trees on their property as possible. A geothermal heating & cooling system is also planned for the home.

Correction: Harbour Lights previously indicated the Scherck home had the first geothermal system in CH. Actually, the Saare home had the first system, an open-loop one, which is also considered geothermal. The soon to be completed Scherck home and the Ownby home will have closed-loop geothermal systems. Congratulations to all three families for incorporating this new technology into their homes. -Editor

May 26, 2009

2009 CH Memorial Day
Neighborhood Cookout
Click on photos for enlarged views
Photos by D. Robertson & J.Means




May 22, 2009

This POA Bd. Report has been posted as a courtesy to lot owners.
Harbour Lights is not connected with the POA, the property manager, or any other entity. -Editor

Correction: 2nd sentence, 2nd para. of the Board Report, below:
The City gave no timeline to the Board. The 'end of the year' reference originated solely with the Board and represented the Board's estimate of when the preliminary engineering and development costing work might be completed. -Harbour Lights Editor.

POA Board Report
Printable version

CUMBERLAND HARBOUR PROPERTY OWNERS ASSOCIATION
BOARD OF DIRECTORS
REPORT AS OF May 22, 2009

Dear Fellow Lot Owners;

We are pleased to report that the Board of Directors has been working diligently over the past several months on many issues facing the association. We acknowledge that this has been a difficult and frustrating time as we all have faced the uncertainty created by the bankruptcy of the developer, Land Resource. As we previously reported, the bank holding the main mortgage on the community took back the property and they have been marketing it to several development companies. At this time there is still no final determination on this issue however the Board will continue to monitor the status and provide an immediate update to everyone as soon as information is received.

The Board has been monitoring the status of the bond with the City of St. Mary’s and can report that the most recent update from the City is that they continue to work with the bond company and are still going through the process of reviewing work needed with various engineers as well as development cost estimates on having the work completed. When asked whether there was a timeline they could provide on when the work would be done, they declined to give anything specific, however estimated that the work would be completed before year’s end.

We also have received information regarding new legal activity related to the marinas to be built as part of the community. Information on this can be obtained at: http://www.cumberlandharbor.blogspot.com/
(Marina update: here. -Ed.). The recent ruling did not change the status of the marinas, but basically resulted in a ruling on several motions by the Administrative Law Judge.

With the state of the current economy we are all aware of the need to carefully control expenses, and to attempt to reduce those where possible, without having an adverse affect on the quality of the community. We believe that all owners purchased their lot with an anticipation of the type of community Cumberland Harbour was to become and the Board of Directors is committed to maintaining, as best possible, the concept conceived for the community. While we cannot control the effect of the economy on real estate values, we do want to ensure that the services and facilities of the community are not diminished in any way that could further affect those values. To this end, the Board has been keeping a careful watch on expenses and has placed a hold on spending any funds on items which are not crucial to maintain the facilities and services. This review included taking an in-depth look at all contracts and making determinations on what services are being provided. The Board has appointed a Building and Grounds Committee to assist them in reviewing the current landscape contract, developing a complete list of all services and making plans to obtain competitive bids for landscaping and other services. They are also working with a landscape designer to develop a landscape plan for the entire community.

The Board will continue to look at all services provided to the community and will obtain competitive proposals in anticipation of the preparation of the 2010 budget. We are also seeking out information from other communities on their fees and services so that we can make a comparison of the operating costs of our association and the level of fees paid by lot owners.

The upkeep of the community is extensive. The landscaping alone requires maintenance of 20 miles of roadways (of which 13 are paved), 25 acres of ponds, 30 miles of irrigation and 80 acres of grass which is mowed and maintained throughout the development.
The Association also maintains four pools (three swimming pools and one reflecting pool) which require daily cleaning, chemical balancing and inspection of operating pumps and controls. The swimming pools were recently required to be updated to comply with a federally mandated retrofit of the drains to install anti-entrapment drain covers. Additionally, we have six clay tennis courts of the highest caliber which require constant grooming and maintenance. There are five buildings in the community that need routine upkeep including cleaning, painting, HVAC maintenance, repair to the interiors and exteriors, annual fire extinguisher testing and tagging, routine pest control, and maintenance of the equipment. We are looking at ways to reduce the utility costs of these buildings and will install controls on lighting, heat and air conditioning, and other appliances to reduce electricity costs.

As part of the finances of the association, the Board must look at income in relation to expenses. Unfortunately, there are quite a number of owners who have outstanding balances on their association dues accounts. The Board is taking active steps to ensure that these balances are collected and have authorized the Association’s collection attorney to pursue every means available to reduce the balance of outstanding assessments. Such action may include placing liens and/or foreclosure on lots by the Association where unpaid dues are excessive. It is essential to have the funds available to effectively operate the community and, the Board has a legal duty to collect these fees and we will continue our efforts in this endeavor.

The Board has engaged an independent professional Certified Public Accountant to perform a review of the Association’s financial records and copies of the report will be available to lot owners once the review has been completed.

We will continue to keep everyone informed as we move forward with the future of the community. Updates are always available at the Cumberland Harbour website: http://www.cumberlandharbor.blogspot.com/; or at the AIM website: http://www.aim-services.net/.
You may also email the Board of Directors at: Boardchpoa@aol.com. To help save on mailing costs, we ask that you check the websites frequently for news and updates.

The work of the association requires the assistance and support of a great number of individuals and we would like to thank all the committees and their members for their hours of volunteer service to the community. The current committees include: Design Review Board – charged with oversight of home design in the association; Building and Grounds Committee – responsible for the oversight of the physical property and grounds; Social Committee – organizes social gatherings in the community to allow owners to have an opportunity to meet each other and welcome new residents to the community; Rules Committee – charged with assisting the Board in the development of rules for the use of the amenities and other areas. The volunteer members of these committees work with great effort to help ensure the quality of life in the community.

As you can see, the operation, maintenance and organization of Cumberland Harbour takes a great deal of time and effort. The future success of the Association will require the support and assistance of everyone to help to build Cumberland Harbour into the quality development that we all envisioned when we purchased here. We anticipate that a new developer will purchase the community and we look forward to working with the new company in a spirit of cooperation to bring the potential of Cumberland Harbour to fruition. We appreciate your interest and concern and ask for your support to help move the Association forward in a positive direction.

Sincerely,

Glenn Saare, President
Board of Directors
Cumberland Harbour POA

To Top
Marina case update
The Administrative Law Judge (ALJ) in the Cumberland Harbour marina case issued an order on April 16, 2009. The ALJ's order did not change the status of the case, but implemented earlier decisions in the case by the Ga. Court of Appeals and Ga. Supreme Court. The Order also contained the ALJ's decisions on two recent motions filed by the parties.

The Order:

  • Vacated the part of the ALJ's original 2006 order which had been overturned by the Ga. Court of Appeals, regarding regulation of upland development.
  • Implemented the part of his 2006 order upheld by the Court of Appeals, by remanding the marina permit to the Coastal Marshlands Protection Committee for consideration of final conservation measures for the protection of Right Whales and other wildlife.
  • Denied a motion by Center for a Sustainable Coast, et al., for an evidentiary hearing to consider the impact of upland development, such as stormwater runoff.
  • Denied a motion by Point Peter for reconsideration of the ALJ order remanding the permit to the Committee for determination of final conservation wildlife measures.


For copy of the 4/16/09 ALJ decision, go here.

More information on the motions and case history:

A.) Issues on motion by the parties - 4/16/09 Order:

1.) Upland Development:

The Administrative Law Judge (ALJ) ruled in 2006 the Coastal Marshlands Protection Committee (the Committee) erred in issuing a marina permit to Point Peter LLLP, under the the Coastal Marshlands Protection Act (the Act), without considering the impact on the marsh of CH's upland development (stormwater runoff, etc.). This part of the ALJ's 2006 ruling was overturned by the Ga. Court of Appeals.

The Court of Appeals held the Act did not regulate upland development. The Ga. Supreme Court affirmed the Appeals Court's reversal of this part of the 2006 Order.

Nevertheless, in 2009, the Center for a Sustainable Coast (CSC) requested an evidentiary hearing on the impact of upland development. CSC's request was denied in the ALJ's 4/16/09 Order.

2.) Reversal and remand of Marina Permit / Final Conservation Measures:

The ALJ in 2006 also reversed the permit and ordered it be remanded to the Committee for determination of final conservation measures. This part of the ALJ's decision was upheld by the Court of Appeals and affirmed by the Supreme Court.

Point Peter, which has maintained it has every intention of implementing such conservation measures, requested a reconsideration of the part of the ALJ's 2006 Order reversing and remanding the permit back to the Committee, so as to be able to begin construction and finalize the conservation measures, concurrently. Point Peter's request was denied in the ALJ's 4/16/09 Order.

B.) History of the case in a nutshell:

2005 – Point Peter LLLP obtained a marina permit issued by the Coastal Marshlands Protection Committee (the Committee), a division of Ga. DNR.
The Center for a Sustainable Coast (CSC) and several other groups, filed suit challenging the permit on several grounds.

2006 - the ALJ issued an order remanding the permit to the Committee for further consideration, on several grounds.
In so ruling, the ALJ essentially agreed with the CSC that the permit had been improperly or prematurely granted.
The Committee and Point Peter appealed the ALJ’s decision.

2007 – Ga. Court of Appeals overturned the ALJ’s decision in part and affirmed it in part.
CSC appealed to the Ga. Supreme Court.

2008 – Ga. Sup. Ct. upheld completely the decision of the Ct. of Appeals.
The case was to be remanded all the way back down to the ALJ for implementation of the Ga. Appeals Courts ruling.

2009 – Point Peter & CSC each make motions before the ALJ.
April, 16, 2009 – ALJ denies the motions of both parties, vacates that part of his original order with regard to Committee regulation of upland development, and remands back to the Committee the marina permit for consideration of final conservation measures.

May 20, 2009

Memorial Day Weekend Area Events

Sat., May 23, Fun in the Sun Expo 2009
9am - 9pm, Downtown St. Marys/Gilman Waterfront Park.
Link to Expo blog -- Schedule of Events

Sun, May 24, Fernandina Beach Pub Crawl
4pm -8pm - Participating Bars: O'Kane's - Karibrew - Pablo's
Green Turtle -Frisky Mermaid - Crab Trap - Wicked Davey's
$10 per person - includes T-shirt & drink special at each bar.
To sign up, email iLOVEfbNIGHTlife@gmail.com for paypal link,
OR, go to Karibrew on 3rd St.

May 14, 2009

Be Gator Safe!
Alligators are on the move. Always Be Gator Safe! Exercise particular caution from March to June, when alligators may be away from water, moving through fields, roads and areas with shrubs or underbrush.
Check out gator safety tips here!

Below is a message from property manager, AIM Services. -Editor
If an alligator in CH poses a threat to humans or pets, please contact the Cumberland Harbour gatehouse at (912) 576-9620.

May 12, 2009

First Geothermal System in Cumberland Harbour
Cumberland Harbour's first home with energy saving geothermal heating & cooling is being built for the Scherck family by builder D.C. Robertson.

According to EnergyStar.gov, geothermal heat systems are similar to ordinary heat pumps, but use the ground instead of outside air to provide heating, air conditioning and hot water. Because they use the earth's natural heat, they are among the most efficient heating and cooling technologies available.

The Scherck system is Energy Star compliant and consists of five 300-foot deep ground loops connected through a geothermal manifold to the HVAC system. A home automation computer controlling three temperature zones manages it. The system, with other energy-saving features, is projected to provide energy savings of 50% to 65%.

For more information on Geothermal systems, go here and here.