Lake Linganore Association Inc.
Board of Directors
May 5, 2003
Meeting Minutes
The meeting was called to order at 7:05 p.m. by LLA president Jim Reed. Those in attendance were: Mr. Reed, Alan Dinkelacker, Jerry Dorsey, Grant Sheehan, Andrew Twillman.
Absent were: Todd Young.
Also in attendance were: LLA GM Hembree and LLA community resource manager Joy Gurley.
No report was given.
Minutes from the April 21, 2003 regular board meeting were approved as written.
DFC Roger Venzin introduced Sgt. Troy Barrick to the board as his new immediate supervisor. DFC Venzin noted that he had been busy during the past month. Director Dinkelacker thanked the deputy for the speed enforcement he had been doing of late. DFC asked the board whether the LLA had a policy about open wood fires on the beaches at night. He suggested that if the LLA does have a policy/ordinance that it should be posted at all the beaches.
Environmental Control Committee- GM Hembree read a report written by ECC administrator Larry Brown:
o The ECC has been involved with an assortment of problems and additions throughout Eaglehead at Lake Linganore. Most infractions have been minor with all residents being very cooperative in response to a problem and finding a solution. Spot lot builders have also been cooperating in reacting to any problems sited on any of their building sites. As the administrator I am involved with writing a specification for docks and making sure that everything is properly documented and recorded properly.
o ECC Representatives- I would like to see and hope to gain more representation of the community on the ECC. I hope to send out a letter to all the chairs of the village in the near future and request that they provide a representative to the ECC. I hope to send out a letter to all the chairs of the villages in the near future and request that they provide a representative to the ECC.
o RVs & Trailers, Etc.- Letters have gone out and are going out to all RV and trailer owners that park their vehicles in their own driveways explaining the covenants of the LLA.
o Basketball Hoops- It has also been made clear that portable basketball hoops are and have been a problem at Eaglehead. Permanent basketball hoops are not allowed except at community areas. There are basketball courts for resident use in Summerfield, Coldstream, Meadows villages and soon one will be built in Westwinds village as well. In the near future I will be sending out a letter based on the LLA covenants that the portable basketball hoops are allowed as long as they don’t become permanent fixtures on the roads or driveway or sidewalk areas. They are portable, which means you put them out for use and when you are done you put them away, out of sight. The basketball hoops cannot be left in the street or driveway or sidewalk because it could be a hazard or block access for emergency equipment to reach an area or cause an accident with loss of property or worse loss of life.
Director Sheehan asked whether the new home constructed in Nightingale had taken some of the previous allotted parking spaces for the beach area and whether staff had made it know to get them back. GM Hembree said that staff had been communicating with the new homeowners and he expected them to approach the board about removing some of the nearby parking spaces.
ECC member Fred Pfistner explained that the committee was going to try to get more representation, possibly working with the village committee chairpersons who could then report back to the homeowners in the respective villages.Director Dinkelacker noted that in the past the ECC would post signs on the lot as a notice. GM Hembree said the committee had not been doing that for awhile but that the new ECC administrator Brown wanted to reactive the practice.
Trailblazers Committee- Chairperson John Shuey announced that the committee was having a working party on May 10. He also announced that Cathy Reed and Katrinka Westendorf have agreed to be the new co-chairpersons of the committee.
Social Committee- Chairperson Rachael Kopec said that 96 children had participated in the April 12 Eaglehead Egg Hunt. Drawings entered in the drawing contest had been published in LakeTalk and prizes were awaiting the winners at the LLA office. She said a May 10 meeting had been planned for volunteers interested in working on Summerfest, which was set for Saturday, June 21. She said that Scales ‘n Tales would be presented at 11 a.m. as a part of the activities.
SHUR Easements- no update had been issued from the county as yet.
Aspen Roads Acceptance— LLA president Reed made a recommendation to the board to accept the roads in Aspen and Farmview Court in Meadows, which are currently owned by developer/resident Jack Alspaugh.
Mr. Reed said that the LLA had been talking to Mr. Alspaugh for several years about the matter and that because the developer is in very poor health now that he had approached the subject again. Mr. Reed said if the LLA owns the roads it can submit them as part of the SHUR funding list next year. He noted that as they exist the roads do not meet the LLA roads standard.
Director Dinkelacker asked if the LLA had any idea as to the cost to bring the roads up to LLA standards. GM Hembree said that Accipiter Road had some minor punch list items to be completed in order to meet standard and that all three cul-de-sacs would require the top wear coat of asphalt, which was never done.
President Reed said that the reason for doing this now was to avoid having to negotiate with anyone else and to avoid probate of Mr. Alspaugh’s will. He said Mr. Alspaugh was interested in turning over the roads to the LLA as long as he or his heirs did not have to put any money into the roads.
Resident Brian Kopec said that he felt accepting the roads would set a precedent for bad roads being accepted in the future. Mr. Hembree said that there is no law that says the LLA would have to accept any other substandard road in the future and said that the existing matter was a contingent situation. Lake Linganore Conservation Society (LLCS) vice president John Snow said the LLA could include a clause in the Alspaugh agreement to address any future situations.
Mr. Reed said that the LLA would in the future face rising pressure to take care of the Alspaugh roads so taking them now made sense. Aspen resident and village committee chairperson Kathy Brown told the board that Aspen residents were members of the LLA, that they pay some of the highest dues to the association and that not accepting the roads was not a tenable answer to the matter.
LLCS president Charlotte Dusold told the board that any cost to repair the roads would cost less now than in the future and that whoever owns the roads in the future, with the current circumstances, the LLA would ultimately have to do the repairs. She said that now was a good time to take ownership of the roads.
MOTION: director Dinkelacker made a motion to accept Alspaugh’s Aspen village roads and Farmview Court in an “as is” condition. Director Twillman seconded the motion.
VOTE: The board voted 5-0 in favor of the motion.
Brosius Rock Project— Land Stewards had submitted to the board a proposal detailing what they wanted the LLA board to do to improve the appearance of the Brosius Rock area. GM Hembree said that Land Stewards had asked the board to do such a project and that the BoD had asked for a plan and a budget. The proposal before the board was for $9,672.
Mr. Hembree said that the city’s rehab project of the Brosius Dam was still a possible obstacle to the project because it was delayed until the fall of 2003. More importantly, he said, the LLA budget recently adopted did not have the funds for the project. He said the proposal presented to the board was the only one given to the LLA for consideration. The proposal was presented by A Neater Nature, which is owned by Brian Kopec, a board candidate in the upcoming election.
Mr. Snow brought up the question of conflict of interest because of Mr. Kopec’s possible participation on the 2003-04 board of directors. He also added that if the LLA was going to pay for the project that it should be put out for competitive bid.
ACTION: The board directed staff to communicate to Land Stewards that it would keep the proposed plan, appreciate its benefits, would reconsider it in the future when the LLA has money, and that there are actions required of the LLA in the proposal that the BoD did not believe it wanted to do.
Catch & Release Fishing Program Discussion— Director Sheehan had asked that the matter be discussed at the meeting. He said the subject came up at a recent Friends of the Lake (FoL) meeting because it had been noted that local fishermen were catching noticeably fewer large bass in the Eaglehead lakes. Director Sheehan said that the other option was to restock the lake. Director Reed said there was no way to enforce a catch and release program on bass in the lakes but that posting a notice to that effect and promoting it could help to reinforce the concept.
Harold Weiben said the county had agreed to restock the lake. Mr. Reed said the county has no interest in restocking the lake and that at this time the lake was not a healthy environment for certain bass.
MOTION: Director Sheehan made a motion that until further notice the catch and release program would be a policy for lakes Linganore, Marian and Merle for any species of bass and that subsequently signage be placed at the noted lakes. Director Dinkelacker seconded the motion.
VOTE: the board voted 5-0 in favor of the motion.
Girl Scout Clean Up Project Proposal— Troop leader Stacy Pride said that Junior Troop 1648 was interested in doing a project to earn its community service art badge. She said the troop originally was interested in doing a clean up and art project at the Eaglehead underpass in the Meadows but that conditions there had changed the minds of the adult leaders. She said that local artist Judy Jandora was working with the troop on the project and in finding a suitable location to do the art project. She noted that the project had to be done by June 16. The board directed GM Hembree to work with Mrs. Pride in determining a location for the project.
Animal Waste— Aspen resident and Aspen Village Committee chairperson Kathy Brown had agreed to research local “pooper-scooper” ordinances. Her report is as follows:
“At the April 7, 2003 LLA board meeting, I raised a concern about animal waste (specifically dog fecal matter) being ‘left’ in LLA private and common areas. At the request of Jim Reed, I agreed to research LLA Covenants and the Frederick County ordinance covering animal control and waste issues.
Harold Domer, Frederick County’s director of animal control, was very responsive and helpful in confirming the following:
· The current 1995 Frederick County Animal Control Ordinance does not require pet owners to clean up fecal waste from their animals.
· There is a section in the code dealing with public nuisance animals and health hazards that could be interpreted to cover repeated failure to cleanup fecal waste but it has never actually been applied this way.
· Frederick City has a code that requires pet owners to clean up fecal waste on public property but it does not address private property.
· A review of the LLA Covenants and Rules and Regulations and a subsequent conversation with Daisy Osterhout [LLA office] confirmed that animal fecal waste is not specifically addressed.
· Daisy told me that letters have been sent out in the past to repeat offenders, when the identity of the pet owner is known.
· As I mentioned at last month’s BoD meeting, one or more pet owners are abusing a grass area along Eaglehead Drive, just beyond the entrance to Aspen village. No doubt this problem exists in other LLA areas.
· I suggest that a brief notice be included in LakeTalk reminding owners to clean up after their pets for aesthetic and health reasons. In addition, small signs should be temporarily posted in known problem areas.
· If a significant problem persists, the board should consider an expansion of LLA Rules and Regulations, Section 4, a), 2 to specifically include animal fecal waste.”
Lake Marian Consent Order— GM Hembree reported that an extension on the order had been granted until October 1. He said the order originally called for the lake to be drained by April 30 if the work on the dam was not completed. He said the state’s Dam Safety Division (DSD) had granted the extension because they knew everyone involved had been working diligently on the matter and that progress was being made toward the mandated work. Mr. Hembree noted that the county still has some decisions to make before the plans could be completed. He said that DSD had approved the drawings and was willing to talk to the county.
Road Repair Work— AGM Brown had prepared a report about the recent road work done in some of the villages. Mr. Hembree read the report that noted the many roads with major failures following the heavy winter snows. He said the road repair work was divided into two phases: Phase I was for emergencies only and Phase II would take place after July 1, once this year’s SHUR funds were awarded. The GM said the total plan was not yet laid out.
He reported that the office had been working on applying for federal funds through FEMA and that the LLA was an approved nonprofit and would be working through the county.
Report: Road Repair April/May 2003— Larry Brown
Per the LLA general manager setting the limit on what I could spend, I started to repair first the main roads in each village. Work was started in the village of Coldstream on Coldstream Drive.
First the contractor, ACSi (Asphalt and Concrete Services, inc.) started to remove the failed area of asphalt at Coldstream Drive and Coldstream Drive East. It was found that in the past so much patching was done, in some cases incorrectly with no tack placed between the layers that the road broke up as they tried to remove the failed section. This happened in almost every section of road in the village. Finally at the corner of Coldstream Drive and Eaglehead Drive the road was milled down and the road resurfaced.
A section of Eaglehead Drive, just west of North Shore, was resurfaced for rain runoff and the beginning signs of road failure.
Road work to be completed in the next few days, weather permitting.
On Pinehurst Drive two sections were milled to be resurfaced due to road failure. Pinehurst Drive at the far end of the road in front of the row of mailboxes will be resurfaced to change rain runoff and the beginning of road failure. The corner of Hemlock Point Road and East Lakeridge Road will be resurfaced due to road failure.
All roadwork completed is being done to make the road last for the worst case scenario timeline on the CIP/CDA or the road or in the case of roads that are not in the CDA, the upkeep of the roads is our responsibility anyway.
· Coldstream resident Dottie Kurhman asked when Coolfont Crossing would be repaired. Mr. Hembree said that the road was on the secondary phase list.
· Coldstream resident Sue Corbin thanked the board for the recent road repairs in her village.
· Rachael Kopec told the board about the May 18 Clean Up. She reminded them that the Ben’s Ford Bridge needed funding. She said several boys who had received a good neighbor award were still awaiting some small amenity they had requested. She said the Eaglehead underpass was in disrepair, that the abutments needed to be restored and that the walls of the underpass were covered in graffiti.
· Lot owner Harold Weiben asked to see several documents: the actual schedule and funding report on the shared maintenance program for the dam. Mr. Hembree said the documents he was asking for did not exist as yet because no work had been done.
· Pinehurst resident Lisa Rhoads told the board about a problem with a neighbor house in which the children were neglected and whose behavior was creating many problems for the neighborhood.
Director Twillman made a motion to adjourn the meeting. The motion was seconded by director Sheehan. The meeting was adjourned at 9:37 p.m.