Board of Directors

February 24, 2003

This meeting had been rescheduled from February 17 due to inclement weather (blizzard).

LLA BoD members in attendance were: Jim Reed, Alan Dinkelacker, Todd Young, Jerry Dorsey, Grant Sheehan and Andrew Twillman.

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

PRESIDENT’S REPORT- no report was given.

Under President’s Report- add a final sentence that says " Mr. Kopec will forward full status report to the LLA staff ".

E. Forest Conservation Deed of Easement- change the amount of the in-lieu cost to "$35,000".

F. Farm Pond- Change the last sentence to read: " Mr. Hembree said he had spoken with Mr. Decker and will continue to keep him apprised of future engineering plans. Mr. Hembree also pointed out that drawings presented by Mr. Decker are contradictory to plans done by the engineering firm of Whitman Requardt and Associates but that he will work to merge the two".

Under Resident Forum- correct the typographical error- change the word allegate to allege.

UNFINISHED BUSINESS

A. Check Amount Authorization- Proposed policy from Jim Reed and Sue Young (attached to minutes). Staff recommended approval of the policy. The board had set an earlier policy of limiting check authorization for the general manager at $5,000, as was reflected in Mr. Hembree’ s contract. Mr. Reed said the policy requires Mr. Hembree to get approval for expenditures on all depreciable assets, even when the items are within the budgeted amount. Contract purchases not in excess of the annual budgeted cost amount, even if exceeding $5,000 do not require approval of the board. Contract purchases in excess of the budgeted cost amount must be approved by the board. Mr. Hembree said that he agreed with the policy as written and felt it clarified his contract. Mr. Hembree wanted to be clear that this year’s FY’03 budget has a detailed list of proposed computer purchases, which if approved by the board as part of the budget automatically approved the listed purchases. He would not have to come back to the board again for this depreciable asset expenditure. The board agreed.

LLA director Sheehan made a motion to accept the policy as written. The motion was seconded by director Dinkelacker. The board voted unanimously to approve the policy as written.

B. Auction of Lots with Delinquent Dues & Liens- GM Hembree said that association attorney Shelah Lynn is working on the matter but because of other matters she is working on for the association has not completed the report.

C. Forest Conservation Easement- Mr. Hembree reported that staff had gotten the mailing out in time for the 90 day mailing notice.

D. SHUR Funds- this matter was continued until Mr. Hembree has a chance to meet with the county treasurer.

E. Building Addition- Mr. Hembree told the board that he needed board approval for a $2,000 expenditure for redesign of the meeting room addition plans. When the state fire marshal required that the second floor office space must meet new fire code regulations, the cost of the project was increased dramatically and as a result the project needed to be scaled down. Mr. Hembree said the cost for the architect and engineer to redo the plans would be $2,000. Questions were raised as to whether the project would need to undergo a rebid but Mr. Hembree said the bid would only need to be adjusted by the winner of the contract. The GM said that the LLA has already invested $15,000 in the design and engineering costs and that the additional $2,000 would would allow the project to move forward. Resident Larry Dusold encouraged the board to approve the expenditure because as it was the association had no meeting room and described the current meeting room as a "hallway." LLA director Sheehan said that if the board did not move the project forward that it would only enhance the "plan and don’t do it" reputation of the LLA. He said the LLA needed a decent place to meet and for staff to work in.

Mr. Sheehan made a motion to approve the redesign expenditure, with a $2,000 limit. The motion was seconded by director Twillman. The board voted 5 to 1 to approve the expenditure.

F. Westwinds Quit Claim Deed- Mr. Hembree said that he had received a draft copy of the quit claim deed and that it appeared to be free of any encumbrances but that LLA resident agent attorney Harry deMoll was to review the documents.

G. Brosius Dam Rehab Project- Current status of the project as per URS Corp., project engineers, is that bid packages will go out in the spring, materials and equipment ordered for summer, and that construction would begin in early fall 2003. This depends upon having the Maryland Department of the Environment permit in hand on or about April 1, 2003.

Staff was asked to check the resolution on dam security as to whether or not certain security measures taken would need to be in effect until and through the construction period or if they could be lifted until construction begins.

NEW BUSINESS

A. Approval of Environmental Control Committee members- the current members of the ECC had never been approved by the board, as is required by the ECC charter. Staff recommended approval of the current committee membership, which included Joe Frank, Brian Kopec, Rachael Kopec, Dawn Frizzell, and Fred Pfistner. Director Sheehan made a motion to approve the current ECC members. The motion was seconded by director Dorsey. The board voted unanimously (6-0) to approve the current membership.

B. Fence Request by Shawn McDonald— Audubon resident McDonald submitted a letter to ECC to build a section of a fence for his property that would include land currently leased by the LLA but owned by Allegheny Power. GM Hembree said he brought the matter before the board because it was out of the jurisdiction of the ECC because it involved land outside the PUD. Mr. Hembree explained that at this time the LLA does not use the part of the leased land that Mr. McDonald wanted to place the fence but that it is possible it would be used in the future. In which case, the GM said the fence, if approved by the board would have to be removed. Mr. McDonald told the board that he was willing to take the risk and would sign an agreement noting that condition. Director Dinkelacker made a motion to grant the request with the condition that an agreement be signed noting the special conditions. The motion was seconded by director Sheehan. The board approved the request with four directors voting in favor and two against. GM Hembree was directed to write the agreement outlining the conditions for Mr. McDonald’s signature.

C. Zisk/Ramboz Petitions- GM Hembree introduced Pinehurst resident John Zisk who had submitted a petition asking the board to prohibit or restrict the "rendering and processing of deer" in the PUD. A neighbor, John Ramboz, had engaged in the activity and Mr. Zisk believed it to be "inconsistent with the community and family lifestyle" of the community. He said the activity was done in "full view" of the street and said that he and other neighbors considered it to be "noxious and offensive," which is prohibited by the LLA covenants. He also felt that the results of the rendering was a public health issue because the blood and other remnants of the activity attracted rodents and insects. Mr. Zisk said that he had no malice toward hunting but felt that the board needed to set and protect a standard for the community. He said that Mr. Ramboz has the land to take the activity out of sight and that should be done so as not to offend the neighbors.

Mr. Ramboz said that he does not hang and display the deer while doing the activity and that it takes, at most, an hour to do the rendering work. He said that doing the work in-house was not practical and that he had seen it done in other backyards and in garages within sight of the street. He also noted that rendering a deer was not an illegal activity.

Mr. Hembree said that the main question was whether or not the activity fit the description of being noxious, as noted in covenants. He said that the Ramboz property file with the LLA did have past letters of complaints about the same matter and that Mr. Ramboz had been asked to fence the area where he does the deer rendering. Mr. Hembree said that the ECC did approve an application by Mr. Ramboz for a fence last November. Mr. Zisk said that the "angulation of the land" in that area makes a fence irrelevant.

Director Sheehan expressed concern about declaring the activity as noxious and offensive because it would lead to the need to define such activities, which would require that the board pursue a change in the covenants. Other members of the board expressed concerns about defining such activities because the matter can become so subjective. Director Dorsey expressed his concern about getting "heavy handed" on such matters and noted that "fences make good neighbors." Director Young said that he would be satisfied if Mr. Ramboz showed good faith in trying to relieve the situation by building a fence. Mr. Hembree said that the Ramboz’ do plan to build a fence.

After much additional discussion, director Dinkelacker made a motion to deny Mr. Zisk’s petition request. The motion was seconded by director Dorsey. The board passed the motion with the following vote: 4 for the motion to deny the request, 1 against the motion, and 1 abstention.

MATTERS FOR BOARD INFORMATION

1. Budget- the board set the next meeting to finalize the budget for 6 p.m., Monday, March 3 at the LLA office. Mr. Hembree noted that he would be out of the office February 26 through March 2.

2. Westwinds Tot Lot Committee- director Twillman reported that the committee met with residents on Saturday, Feb. 22 to discuss the matter. He said that two sites were primarily under consideration- Pond Fountain Court and the Westwinds pool area. He said the committee was leaning towards the Pond Fountain site. He said a referendum question would be mailed out to all Westwinds residents and that the matter would be discussed at the March 19 Westwinds HOA annual membership meeting.

RESIDENT FORUM

• Westwinds resident John Snow thanked the LLA maintenance crew for its good work in snow removal. Director Young said that the association was already $15,000 over budget for snow removal as of the snowfall before President’s Day weekend.

• Coldstream resident John Adams said that the LLA bought a pontoon boat and that it has been stored at his dock for sometime and wondered when the LLA planned to do something with it. Mr. Hembree said the plan was to get it to the maintenance building and get it prepared for use this coming summer. LLA board president Jim Reed offered his dock to be used for storage until the LLA staff is ready to get the boat prepared for summer use.

• North Shore resident Rachael Kopec said that the maintenance crew did a good job with snow removal but that there were "problem areas" in her neighborhood— no place to park and no place for kids to play— and asked for the area to be cleared. She also asked the board to assure her that the upcoming budget would have money in it for installation of the Ben’s Branch bridge. She asked that the board send her the cost estimates to get the bridge installed because she wants to be able to contact contractors in the area for donations to cover the costs.

She also noted that the LLA Social Committee had set the date of the egg hunt for April 12. She mentioned that the committee was sponsoring a drawing contest, with winners to be published in LakeTalk. She said the March 25 meeting of the committee would be to stuff goody bags for the egg hunt.

ADJOURNMENT

Director Dinkelacker made a motion to adjourn the meeting. The motion was seconded by director Young. The meeting adjourned at 9:23 p.m.

Respectfully submitted,

Stephen Hembree Jerry Dorsey

LLA General Manager LLA BoD Secretary