Lake Linganore Association Inc.
Meeting Minutes
The meeting was called to order at 7:02 p.m. Those present were: Alan Dinkelacker, Grant Sheehan, Todd Young, Bill DiLoreta, Brian Kopec, and Peter Fitzpatrick.
Also in attendance were: Stephen Hembree, general manager; Larry Brown, assistant general manager; Joy Gurley, community resource manager.
Absent from the meeting was: Andrew Twillman.
Westwinds Quit Claim Deed Update— GM Hembree said that he had talked to Kristi Holland, the title agent for Millennium Group about the deeds. Because she had no deadline she never placed the deeds as a priority; Mr. Hembree gave her a date to have the deeds ready. Once the lending institutions sent her the leases she can provide the deed and title. He expected to have the paperwork completed within the next 30 days.
Building Update— GM Hembree said that the new plans had been received from the architect and been resubmitted to the fire marshal’s office and to the county permits office. Mr. Hembree said the he’s expecting the fire marshal’s first comments by mid-July. If the project is able to proceed at that time, then the information will go to the bidder for a cost reestimation.
Pinehurst Pool— At the time the agreement regarding construction of Pinehurst Pool was signed, it was expected that Eaglehead Corp, the former declarant, would be about to complete related development within a five year time frame. When the matter between Eaglehead Corp and the county planning department went to court timelines for requirements were tolled or frozen for everyone except the LLA’s part. GM Hembree said that the LLA must now petition acting county planning director Jim Shaw to get an extension on the LLA requirement to build the pool. The previous memorandum of understanding (MOU) required the association to have legal occupancy of the pool in 2004. Mr. Hembree said the LLA has funds put away for the construction of the facility but not enough to build it by the time frame required. He said the LLA does have enough money to do a design and get a cost estimate, which will be helpful in determining how much money to put away each year to be able to build it in the near future.
Director Sheehan asked whether the association should suspend any major expenditures at this time until it is clear how much money will be needed to meet the financial goal of the pool. Mr. Hembree said he could not answer that question until the association knows the ramifications of not building the pool by 2004. Director Sheehan asked whether an extension for the LLA on the timeline would release Land Stewards from the original $150,000 obligation that was agreed to by the former declarant. Mr. Hembree said he did not know the answer to that question. Director DiLoreta said that Land Stewards would have no objection to extending the deadline and would be willing to work any solution for the LLA. Director Sheehan said he thought it would be a good idea for the LLA to be careful with other expenditures until it knows for certain how the outcome will impact finances.
Ongoing Business— (from tracking chart)
SHUR Funding— Mr. Hembree said there is some debate with the county about the calculations used to determine the amount that the LLA will receive. He said the LLA has sent a letter to the county questioning the math in the first decision about the payment and is awaiting an answer.
Westwinds Quit Claim Deeds on Remainder Parcels with No Current Legal Description— Mr. Hembree reported that these deeds were separate from those discussed earlier in the meeting. He said no action is being taken at this time because the developer (Millennium Group) has refused to provide legal descriptions on the parcels.
Westwinds Golf & Tennis Clubs— GM Hembree said there is no resolution by the board on whether or not these clubs should pay dues to the association, nor is there any record of a board decision about charging future owners commercial properties/businesses association dues. He said that he has not approached the LLA attorney about doing a formal legal review on the matter. He asked the board if it would like to have full review done by the attorney. When asked about the cost of a full review, Mr. Hembree said that he did not know the cost but thought while the attorney was looking at this matter that a full covenants review should be sought.
Letter of Understanding with Land Stewards- Director Young is currently in discussions with Land Stewards on the details of the letter. Cash flow to the LLA and land swaps are a part of the discussion, Mr. Hembree noted. Director Young said that the “ball is in Land Stewards’ court” and that a draft of the letter could be available in July.
Covenant Revisions (assessment method)— GM Hembree reported that no start date had been set by the board on this task. LLA president Dinkelacker said that in order for a covenant revision to take place the board had to kill the previous vote “that is still floating out there” before a new covenant revision vote could take place. Director Young said that he had submitted a draft for a covenant revision on the assessment method in July 2001.
Special Assessment for Entrance/Trails/Other Common Areas Improvements— No start date had been set by the board on this task, GM Hembree noted. Director Dinkelacker said that a study needed to be done on all amenities to see what is needed to upgrade and establish all the improvements needed. Once the LLA has a price, a special assessment could be done to get things done all together. Director Kopec said that a few years ago the board had asked for a study to be done by well-known landscape architect Oehme on the village entranceways. Rachael Kopec said that she would volunteer to work on the park areas in the community.
Village Guidelines— Staff needs to schedule an additional meeting to review the last draft of the guidelines before submitting the document to the board of directors for approval.
Tree Replacement Policy— A policy was passed sometime in 2000 or 2001, according to former board member John Snow, and was to be a part of the Environmental Control Committee guidelines and policies. GM Hembree said that he would resubmit the paperwork on the policy to the board at the next meeting.
Use of Facilities by Guest of a Member — Former LLA board member Jim Reed made a motion on this subject at a meeting in May 2002 but it was tabled. Director Young said the board and staff should review it and decide whether to take action on it. GM Hembree said that a copy of the motion would be in the next board pack for July 7.
Motion to Hire Employees vs. Outsourcing Grounds Maintenance and Other Common Area Work— Former board member Jim Reed made a motion in September 2001 to this effect but the motion was tabled. Staff needs to find a copy of the motion to provide to the new board. GM Hembree said that he had never seen a copy of this motion. Director Dinkelacker said before considering outsourcing the LLA needs to create a maintenance program. Director Kopec said that years ago Jay Decker had done a study for the LLA that determined it would be better cost-wise to outsource.
Easement Request from Sherry Dove of Pinehurst— Staff recommended approval of this request for public utility easement.
MOTION: Director Fitzpatrick made a motion to approve the request. The motion was seconded by Director Sheehan. The board voted 6-0 in favor of the request.
Aspen North CDA- President Dinkelacker said that now that the LLA has a legal description of Aspen North, a letter should be sent to lot owners to see if any of them are interested in creating a Community Development Authority (CDA) for that village to get water, sewer and roads. He said the board should have a liaison to the village lot owners on the project. Mr. Dinkelacker said that the Lake Linganore Conservation Society (LLCS) could do some “light” consulting on the matter for the village. GM Hembree asked whether the letter would mention a price for each lot owner who participates in the CDA. Director Sheehan said the letter should ask that if the property owner was not interested in participating in the CDA whether they would be interested in selling their land to someone who is interested in theCDA. Director DiLoreta said that he thought first contact should be related only to the question about participating in the CDA. Charlotte Dusold, LLCS president, suggested that the Aspen North property owners talk to Land Stewards about piggybacking on its upcoming CDA because the legal costs to get the CDA established “would eat them up.” Director Sheehan said once the general consensus is know of the Aspen North lot owners, then the LLA should make a statement of support for the CDA and help to determine what will be needed to create the CDA. LLCS secretary Larry Dusold reminded the board that someone will be needed to make the follow up phone calls once the letter has been sent out. Director Sheehan said that he would be willing to do the follow up calls. Mrs. Dusold said that prior to her involvement on the LLCS that a study had been done on Aspen North regarding feasibility of a CDA; she said eight years ago the cost figure per lot was estimated to be approximately $20,000 for Aspen North and that none of the lot owners were interested at the time.
Director Sheehan suggested listing a conservative figure in the letter as to the CDA cost per lot and suggested that a return, post-paid card be sent along with the letter in order for responses to be made.
Declarant’s Limited Assignment of Declarant Rights— GM Hembree said the county required that the LLA and Land Stewards sign an agreement that essentially makes the LLA the declarant successor. Mr. Hembree asked the lawyers from county and Land Stewards to draw up an agreement for the parties to sign. The GM said the agreement makes the situation more convenient for the LLA to not have to ask Land Stewards’ approval in each individual instance.
Long-range Planning Committee— President Dinkelacker wanted someone on the board to head up this committee and suggested that Director Kopec head it. No objection was voiced by Mr. Kopec.
Board Committee Assignments— President Dinkelacker said that he wanted to get board members assigned to the various association standing committees. He and GM Hembree will be serving as liaison to the LLCS. He said LakeTalk did not need a liaison because the committee works closely with staff and the GM anyway. He said the creation of a Covenant Compliance Committee requires volunteers for the committee. Director Sheehan said that he would serve as liaison to the Aspen North CDA project. In addition to Mr. Kopec, LLA director DiLoreta also would serve on the long-range planning committee.
CDA Coordination with LLCS— Director Dinkelacker and GM Hembree will be working with the LLCS.
Board Orientation Meetings—