The Declaration of Covenants, Conditions and Restrictions of Winslow Farm dated September 9, 1992, Section 8. COMMUNITY AREAS, Subsection 8.2 deals with Ponds and Pumping Equipment:
The ponds and pumping equipment located within Winslow Farm are Community Areas. The Community Association shall insure, maintain, repair and replace the ponds and pumping equipment to keep the waterscapes in a first-class condition.
The Community Association will apply pesticides to the ponds if necessary to eradicate undesirable insects and weeds using commercially accepted treatments. All costs incurred by the Community Association in discharging its duties
under this Section will be a Community Expense.
Winslow Farm Community Association Bylaws and CCRs Page
(includes the original 1992 Moss Creek HOA and 1995 Moss Creek Village HOA Bylaws and Covenants)
This statement appears in the 2008 Moss Creek CCRs: "Common Area includes all area within Moss Creek, except the Lots, including but not limited to the interior roads, sidewalks, parking areas, entrance signage and ponds."
A similar statement appeared in earlier versions of the Moss Creek Village CCRs, but "ponds" was taken out of the 2015 version found on the Hallmark site.
Moss Creek Documents at Hallmark Rentals & Management, Inc.
Moss Creek Village Documents at Hallmark Rentals & Management, Inc.
All versions of the Moss Creek and Moss Creek Village CCRs define "Common Area" as all the area outside the boundaries of any lot.
Boundary questions have arisen in the past and have led to professional surveys. A 2/21/2021 e-mail
from a professional engineer under contract with WFCA states: "I found that a significant portion of Pond 3 lies outside of the WFCA common area Tract 1 per Deckards' survey. There appears to be a private parcel (Goerner) separating
Tract 1 and Tract 2, but it is marked "C.A.", indicating common area... same with the Stevens and Mills parcel. Is this indeed common area that the WFCA can have access to for the purpose of pond improvement and/or stream channel
construction? I see that the Moser/Halloran parcel is not marked "C.A." Does this mean that the project you've asked me to design cannot impact that parcel? Or do you intend to pursue property acquisitions/easements/quit claim deeds
to allow a project to be constructed?
Boundary Survey of Moss Creek Common Areas encompassing Ponds 1-4 (10/31/2017)
Boundary Survey of Moss Creek Pond 5/Common Area (10/31/2007)
Boundary Survey of Moss Creek Village Ponds 6-7/Common Area (10/31/2007)
Document that seems to indicate only six ponds were orignally planned for Winslow Farm.
DOCUMENTS FROM THE WFCA POND COMMITTEE OR WFCA BOARD
Letter from Mallor/Grodner Attorneys to WFCA Board Members on behalf of Moss Creek (February 11, 2021)
[Maintains that WFCA remains solely responsible for the ponds; makes no mention of mediation to resolve the issues.]
Letter from Ferguson Law to Moss Creek HOA Board Members on behalf of WFCA (October 27, 2020)
[Maintains that both WF and MC have responsibility for the portion of the ponds that lies on their respective land and proposes responsibilities for ponds 1-5; suggests mediation to resolve the issues.]
Reserve Study for Winslow Farm Community Association, Inc. (December 2020)
Pond Committee Letter of Recommendation to the WFCA Board of Directors (March 11, 2020)
Response of the WFCA Board to the WFCA Pond Committee Letter (July 22, 2020)
Pond Committee Final Recommendations to the WFCA Board of Directors (Short list: August 8, 2020)
Pond Committee Full Response to the July 22, 2020 WFCA Board letter (August 8, 2020)
Cooperative Agreement among the WFCA, Moss Creek HOA, and Moss Creek Village HOA
(1/5/2019; signed by WFCA Board President Jeff Landfair and Management Agent Carole Damon at the 6/11/19 WFCA Board Meeting; approval of MC and MCV presidents and Management Agent pending)
WFCA Pond Committee Powerpoint for the October 22, 2019 WFCA Annual Meeting (Prepared by Sandy Martin)
Projects Aimed at Improving the Ponds (DRAFT, 2019)
Pictures from the February 7, 2019 Flood in Winslow Farm
Hydraulic Analysis of the Areas Occupied by Ponds 3 and 4 (2019 Engineering analysis showing the capability of
a dry creek bed in the area of the present ponds #3 and #4 to handle large amounts of water; prepared at the request ofthe WFCA Board, April 9, 2019; cost: $1,000)
Preliminary Jurisdictional Determination, US Army Corps of Engineers, May 8, 2019. (Approved by the WFCA Board, June 11, 2019)
WFCA Wet Pond Standards (2019; not enacted by the WFCA Board of Directors)
WFCA Wet Pond Standards (Undated; not enacted by the WFCA Board of Directors?)
WFCA Pond Maintenance Standards Draft (November 6, 2008; not enacted by the WFCA Board of Directors?)
Document presented by Charles Steele at the 10/26/18 Pond Committee meeting (contains a design for erosion control of the banks)
Slope Stabilization design by Kevin B. Potter, P.E. (12/18/2012)
OTHER DOCUMENTS FROM PAST WFCA BOARDS OR POND COMMITTEES, MC/MCV BOARDS or
INTERESTED WFCA HOMEOWNERS or COMPANIES
WINSLOW FARMS COMMUNITY ASSOCIATION POND IMPROVEMENT PROJECT Conceptual Design Report," by Andrew E. Knust, P.E. (Bledsoe Riggert Cooper James, Inc. Project No. 10527 (Final: May 4, 2021)
Owner Association Financial Responsibilities for the Ponds at Winslow Farm," by Gary Wiggins (July 26, 2020)
"Background Material for Discussion of the Ponds in Winslow Farm," by Gary Wiggins (January 8, 2019; revised June 11, 2020)
Winslow Farm Wet Ponds: Past Costs & Estimates of Future Costs (Compiled by Gary Wiggins, 5/7/2020)
Pond-Related Expenditures, 1/1/2008-9/11/2018: $273,529.81
"Four Feasible, Affordable, Adequate Measures to Fix the Ponds and Make (Almost) Everyone Happy within Ten Years" (Document shared with the Pond Committee by Lynn Struve on 10/29/18)
Dry Creek Bed Concept Drawings (created by Charles Steele for the November 13, 2008 presentation on dry creek bed restoration; cost: $5,000?)
Statement of Moss Creek Board to the Winslow Farm Board in favor of retaining the ponds (following a special WFCA meeting held on November 13, 2008 to hear two proposals
to convert some of the ponds to dry creek beds with the limitation that neither proposal could exceed final construction costs of $75,000.)
WFCA Board Statement: "WFCA is responsible for all maintenance of the ponds, pumping equipment, weirs, lining, overflow, spillway, and fountains.
Any landscaping around the ponds will be the responsibility of Moss Creek Homeowners' Association or Moss Creek Village Homeowners' Association."
Presented as one of several amendments to WFCA Rules and Regulations, 5/19/2000; not clear if they were actually voted on by the WFCA Board.)
WFCA Storm Water Management Committee (September 15, 2010)
2010 Pond Committee Report (November 4, 2010)
Plans for a Rain Garden at the North End of Pond 3, July 17, 2013. Includes a topographic survey of Pond 3.
(original drawings in the Capital Realty office; cost: ~$6,000)
Nature's Link 2017 Rain Garden Bid: $35,676.50 (assumes no additional soil mix hauled in or off site)
Eco Logic's 2017 Raingarden bid: $88,571.00 ($62,250 for earthwork and $25,321 for landscaping).
First Pass Proposal for a Water-garden Sediment Trap at Pond #3 (2008) by Julian Livingston (forebay plan reproduced with permission)
Other Relevant Pond Documents, 2008-2010 (with thanks to Paul Studier)
Depth Study Data for Ponds 1-7
A Map Showing Depths of the Ponds
Bynum Fanyo 2008 $10,440 bid re: "Options for complying with city code to keep pond depths at 36"
2018 DAVEY RESOURCE GROUP POND SYSTEM MANAGEMENT PLAN
In late 2017, The Winslow Farm Community Association Board contracted with Davey Resource Group to produce a short-term and long-term management plan for the 7 ponds situated within Moss Creek and Moss Creek Village.
The documents below pertain to that work.
Pond System Management Plan Prepared by Davey Resource Group, September 2018. (Cost: $5,000)
Summary (Index) of Davey Pond System Management Plan (including Answers)
Contract with Davey Resource Group, 11/29/17.
Davey Answers to "Consolidated List of Questions/Suggested Changes to be Addressed in the Final Report,"
Request for Proposal, August 25, 2017
Davey Resource Group Proposal, September 2017
Eco Systems Proposal, September 20, 2017
MANUALS AND GUIDEBOOKS FROM OTHER AGENCIES
Stormwater Wet Pond and Wetland Management Guidebook (US Environmental Protection Agency, February 2009)
Rain Gardens: Stormwater Solutions Manual for Indiana University Bloomington. (with thanks to Lynn Struve for this document)