Lake Linganore Association

Meeting Minutes

January 6, 2003

LLA president Jim Reed called the meeting to order at 7 p.m. Board members in attendance were: Jim Reed, Alan Dinkelacker, Todd Young, Jerry Dorsey, Grant Sheehan, Andrew Twillman.

Also in attendance were: LLA general manager Stephen Hembree and LLA office manager Joy Gurley.

LLA president Jim Reed announced that William DiLoreta of Land Stewards LC had withdrawn his application for appointment to the association board of directors and that North Shore resident Rachael Kopec had submitted an application for consideration. The two candidates under consideration at this time are: Rachel Sorenson and Rachael Kopec.

Mr. Reed also reported that the LLA and Lake Linganore Conservation Society (LLCS) boards and staff were to meet with the Maryland Department of the Environment and the Army Corps of Engineers to discuss the siltation report and what steps the association needs to take next to address the lake problem.

Mr. Reed also encouraged residents to attend the January 11, 2003 workshop with the county’s planning staff for a first-time Small Area Plan that will be a part of the county’s New Market Regional Comprehensive Plan. Mr. Reed said it would be a good idea to have a strong showing of residents participating.

The minutes were approved with the following changes:

Under the item regarding Westwinds Tot Lot, the following sentence is to be eliminated: "The actual cost of excavation would be paid for by the WW HOA."

Under the publication of lien accounts a sentence needs to be added regarding the question that LLA director Dinkelacker brought about the LLA auctioning lots that have liens on them. Coldstream resident and realtor Bill Russell said that the association had taken such actions in the past.

Security Report— DFC Venzin reported that nothing major took place during the month of December. Resident Jay Decker asked whether the juveniles who have been arrested here can be directed to perform community service hours for the association. LLA director Dinkelacker said that the association had worked with the county’s Alternative Sentencing program to get volunteer manpower for a variety of projects. DFC Venzin said he was not certain whether the juveniles must participate in a similar program but would check into it. A complaint about an ATV had not reached DFC Venzin but residents Joe Frank and Larry Dusold said they knew who committed the violation and would help to get information for the deputy.

Social Committee— chairperson Rachael Kopec said the committee met in December to discuss the Egg Hunt and that a volunteer was needed to organize the event.

She said the Santa visit at Eaglehead barn went well, with 50 children attending. The activity collected toys for the Toys for Tots program, as well as canned food for the local food bank. Each child was given an ornament and a candy cane. Mrs. Kopec thanked the staff person who agreed to be Santa for the event. A January committee meeting has been canceled but one may be scheduled for February. She also announced that LLA directors Twillman and Dinkelacker agreed to organize Summerfest for this season and that the date of the event would be moved up in the season.

Lake Anita Louise— resident Jay Decker addressed the board about the Farm Pond. He said the issue was first addressed in 1994 when an ad hoc committee was formed to deal with Lake Anita Louise. He said that in 1996 Maryland Department of the Environment (MDE) noted problems with the pond and recommended placing two swales, one at each side of the impoundment. He said the backflow pipe got damaged and the state wanted the overflow cap cut down to compensate. Mr. Decker said that at this time with the current heavy rains he felt the impoundment was in danger of breaching. He suggested that the LLA use a "snake" to get the leaves out of the drain to relieve the pressure on the pipe. LLA GM Hembree said that the Dam Safety Division of MDE had been out to check on the pond impoundment and that the corrugated outflow pipe had been investigated and found to be in respectable shape but that the state eventually wanted it to be replaced. Mr. Hembree said that the cost to do the maintenance/repair of the impoundment would be approximately $90,000. Mr. Hembree said he had not heard about the proposal to install the swales on top of the impoundment and asked Mr. Decker to provide what information he had on the matter. Mr. Decker gave that information to GM Hembree, who thanked Mr. Decker and said that the information could save the LLA money on the cost of the project.

Mr. Decker also told the board that some of the sod/grass on the slopes in the village had washed down. He said the association should plant crown vetch or something to solidify the erosion that is taking place. He also said he would be willing to help with the work on the pipe and the erosion problem.

A. Check amount authorization— Mr. Hembree said the Finance Committee had not yet met to formulate a recommendation on this matter. Once the committee does that, Mr. Hembree will present it to the board for consideration.

A. Resolution regarding Aspen North Village Authorization— LLA director Sheehan offered a resolution, attached to these minutes, that amended a previous board statement on authorized villages that did not include Aspen North. Mr. Sheehan read the text of the resolution into the record and then made a motion to approve the resolution. LLA director Dinkelacker seconded the motion, noting that this will formalize the position of the village with the board and the association operations.

LLA president Reed asked about a townhouse village committee that was possibly not an authorized village. Mr. Hembree said that the Lake Anita Louise Townhomes section was in fact a corporation and an authorized village.

The board voted 6-0 in favor of Mr. Sheehan’s resolution.

B. Resolution to offer a Protective Forest Conservation Easement— LLA president Reed said the board previously had discussed the matter with the LLCS. Under the new Forest Conservation Ordinance, he said the LLA would be required to pay the county $30,000 to meet the new regulations or set aside approximately two acres of undeveloped areas. Mr. Reed said he had worked on the resolution with LLA director Sheehan who read the text that recommended setting aside an area south of the lake in Pinehurst, extending up the streambed toward the "bowl" and to grant a "perpetual deed of easement. LLA director Dorsey seconded the motion.

Mr. Sheehan said a 90 day notification must be made to the membership and that the board needs to approve up to $8,000 to do the negotiation with the county. Mr. Reed said that a referendum question must be written.

LLA director Young said that Pinehurst would be the only village impacted by the easement requirement but LLCS secretary Larry Dusold said that it was applicable to all villages. Mr. Dusold took the time to explain that the CDA will impact some of the forested land in the PUD

and whether or not trees are removed the project is obligated to pay "in lieu of" fees. He said the land set aside in the easements will remain LLA private property. He said that if the requirements of the easement program were not finalized promptly that it could affect all villages involved in the CDA project.

The board voted 6-0 in favor of granting the easement.

LLCS president Charlotte Dusold said that Steven O’Phillips, principal planner with the county’s planning and zoning department, wants to meet with the LLA board in January to get started and that he is willing to do it when it is convenient for LLCS and LLA board members.

C. Builder Requests for Easements Across LLA Land— Because of the 2002 referendum vote on granting public utility easements, granting these easements must be done in public meeting.

LLA director Dinkelacker said that the paperwork meant nothing to him and wondered why the association president could not just sign off on the paperwork. Mr. Hembree said that because the county required the referendum vote, that vote changed the protocol and what the county used to require was eliminated and that now builders are required to get permission from the LLA. The GM said the new requirements merged all easements into this process. Mr. Hembree said he had no problem with the three easements he had for board consideration that night. Mr. Dinkelacker made a motion to accept all the easements as reviewed by Mr. Hembree. Mr. Young seconded the motion. The board voted 6-0 in favor of the motion .

D. Increase in pool dues— GM Hembree noted that the LLA is working on the budget at this time and that a recommendation from the Finance Committee is to increase the pool dues by $5 to improved lot owners only. Mr. Hembree said that approximately $10,000 in revenue can be generated from the increase. Director Sheehan asked whether the association would also increase the amount paid for associate pool memberships. Mr. Hembree said the committee would look into whether it should increase the amount of the associate pool membership. Mr. Reed said the pool fee increase would be minimal to each individual but would bring much needed money for the LLA. Director Young said that in "no way do the revenues associated with the pools operation cover the costs involved with the pools." Mr. Reed said that the association did not have to make improvements to the pools to justify the increase.

Director Young made the motion to increase the pool dues to improved lot owners only by $5. Director Dorsey seconded the motion. The board voted 6-0 in favor the motion.

A. Resignation of Joe Colombo— GM Hembree said that he spoke with the association attorney and was advised not to discuss the subject in any aspect at a public meeting. Resident Jay Decker said that the current staff was the best he had seen in 11 years and hoped that the board could work out something that would be able to retain the services of Mr. Colombo.

C. Next Budget Meeting Set for Tuesday, Jan. 7— Mr. Hembree said that the meeting had been canceled and a tentative date had been set for January 13.

D. The board decided to conduct an executive session to discuss personnel matters following the meeting.

• Coldstream resident Sue Corbin addressed the board about questions she had submitted in December and asked why she had not yet received a response. She said she was concerned that the board was taking on a mortgage for the meeting room addition and that the amount owed to the LLA from former developer Frank Ellis was unclear and she questioned whether the board wanted to know how much Ellis owed the LLA. LLA president Reed assured her that the association was looking very closely at the money obligated to it from Mr. Ellis.

LLA director Young told Mrs. Corbin he was offended by her comment and assured her that the board was working on compiling the information with very explicit details for the benefit of the association, the new declarant and for the federal bankruptcy court. Mr. Young said that the documents between LDG (Mr. Ellis’ development company) and the LLA in some cases are very clear about what the financial obligations are and in other documents are not clear. He said he was pleased with the outcome of the ongoing meetings between all parties and believes the association is gaining solid ground on the matter that the board inherited and that the current board is doing its best to remedy the situation. Mrs. Corbin said she had heard that comment from so many boards in the past and Mr. Young encouraged her put forth any guidance she wanted to offer in the matter. Mr. Reed assured Mrs. Corbin that she would be getting answers to her questions, that the problem had been as to how much information could they provide to her that would

make sense out of the complicated details. Mrs. Corbin said she would appreciate a short answer and not a book.

• Meadows resident Lisa Rogers told the board that she and husband Richard had been working with LLA office manager Joy Gurley on the web site, that things were still in progress but that the hope was to have a copy of the web site put on CDs and distributed to the board soon for their input.

Mr. Dinkelacker made a motion to adjourn the meeting that was seconded by Mr. Young. The meeting adjourned at 8:25 p.m.

Respectfully submitted,

Stephen Hembree Jerry Dorsey

LLA General Manger LLA Secretary