Lake Linganore Association Inc.
September 15, 2003
Board of Directors Meeting Minutes
CALL TO ORDER
The meeting was called to order at 7 p.m. Those in attendance were: Alan Dinkelacker, Grant Sheehan, Todd Young, Andrew Twillman, Bill DiLoreta, Peter Fitzpatrick, Brian Kopec.
Also in attendance were: general manager Stephen Hembree; assistant general manager Larry Brown; community resource manager Joy Gurley.
APPROVAL OF September 2, 2003 MINUTES
The minutes from the September 2 meeting were approved as written.
UNFINISHED BUSINESS
Finance Committee Clarification from Sept. 2 BoD Meeting— A question about a budget line item for the community center was noted as being incorrectly coded and staff was instructed to make the correction. LLA treasurer Todd Young told the board that the amount of the doubtful accounts that LLA attorney Shelah Lynn had recommended be cleared from the books amounted to $67,000. Director DiLoreta asked why the accounts were being cleared. Director Young explained that the accounts had been carried over from year to year since nearly the beginning of the PUD but that on these particular accounts the LLA either did not file liens or did not maintain the liens and the properties had either changed ownership or the owners had filed bankruptcy. Mr. Young explained that the new LLA collection policy would not allow for this to happen again but in the meantime the recommendation is to write off these accounts.
Ben’s Ford Bridge— GM Hembree reported that the LLA had set aside in a reserve account the $5,000 for the bridge project as instructed by the LLA board of directors. He said letters had been sent to Land Stewards and to Westwinds HOA asking them to forward their contributions to the project, $5,000 and $3,000 respectively. Director Twillman said that he would check with WW HOA treasurer Cindy Jacobs to find out if the check had been mailed yet. Mr. Hembree said that he was meeting with a contractor this week to begin some of the work. Director DiLoreta asked Mr. Hembree to send him a copy of the installation schedules as Land Stewards would not deposit any funds for the bridge until they could review a schedule. Director Dinkelacker asked whether the LLA needed a quote on any other materials for the project. GM Hembree said we would not at this time. Director DiLoreta asked about whether the LLA was going to do a fundraiser. Director Sheehan explained that the LLA said it would look at fundraisers in the future. Rachel Kopec asked how the donations she is soliciting will fit into the funding picture. Director Young said it was best just to pursue the project with the existing funds and that any future money from fundraisers could then be split between the three parties contributing to the project.
FEMA Update— GM Hembree handed out the letter received from Lt. John Markey, the local FEMA contact, stating that the LLA’s application for emergency snow funds had been denied. GM Hembree said that pursuing an appeal would be worthwhile. He said that one home owners association did qualify and he planned to appeal the decision. Director Sheehan said that the LLA plows county roads within the PUD and that the association should take a stand to appeal the decision. He asked that the LLA bring up the amount of money the county pays the association to plow its roads within the PUD at the October 6 meeting with the county commissioners. GM Hembree said that he had talked to Steve Crawford of the county roads department and that even Mr. Crawford agrees the county pays too little for the snow plowing to the LLA. The GM planned to discuss it with Mr. Crawford and to look at what it would cost the county to do its own plowing within the PUD. He asked for directors Twillman and Young to be a part of that meeting because each of them is a resident of one of the villages where roads are owned by the county.
SHUR Funds— GM Hembree said there was nothing new to report because he had not yet received word from the county and that calls to the county manager have not been returned, which meant the county manager had not yet received word from the county attorney’s office. Director Sheehan asked what was holding up the decision. GM Hembree said the final answer rests with the county attorney’s office.
October 6 BoD Meeting Location— Director Dinkelacker said that he believed the Oct. 6 meeting will have a crowd and that he thought the meeting should be changed to the Eaglehead Barn. GM Hembree said that Ray Barnes, director of facilities for the board of education (BoE), had asked to be put on the agenda. After discussion about how much time to allot to this particular subject, director DiLoreta said he did not expect the school to generate much debate or discussion because all issues between Land Stewards and the BoE would be resolved by the date of the meeting. Director Young asked that the meeting be handled firmly by the board president and to keep to the schedule and agenda. The board directed staff to notify members that the Oct. 6 board meeting will be held at the Eaglehead Barn.
FRO Update— GM Hembree said that a letter of credit for $13,000 will be require for the conservation area permit. He showed the map of the conservation area to the board. He said there will be a snow fence around the site to protect it during the CDA/water and sewer construction project; the fencing is intended to be temporary. He said signs should be placed on the site. Mr. Hembree said the total cost amount to the LLA could be closer to $15,000 at the most. Director Sheehan suggested that because the fencing is a modification that notification be sent to homeowners near the conservation site to alert them to the fencing. GM Hembree said he would discuss the fence and signs with the county’s Department of Planning and Zoning to determine the final scope before notification.
NEW BUSINESS
Brosius Dam— GM Hembree said that contractors have asked for no trespassing signage to be place at the dam to secure the site. The board had rescinded the no trespassing regulation sometime in early summer because the project had not as yet started.
MOTION: Director Fitzpatrick made a motion to re-institute the no trespassing zone on top of the dam.
AMENDMENT: Director DiLoreta amended the motion to add that the no trespassing zone be re-implement on the dam when the LLA verifies that the contractor has been given a notice to proceed.
VOTE: 7-0 in favor.
Mr. Hembree said that the bid opening for the dam rehab project was set for October 15. He estimated that it would take four months to do the rehab work.
Water Quality Easement for Woodridge— GM Hembree presented a draft of the easement and noted that a final format is forthcoming. LLA roadway and common ground areas will have some storm water management devices on them and the LLA will be responsible for maintenance, however the LLA has not yet received the designs. Director Young asked if it made sense to ask for a fee from the homeowner to maintain these easements. Director DiLoreta said no, the county has ignored this up to now. It was agreed that the LLA needed to wait for more information. If the LLA grants the deed of easement, it would be accepting the responsibility of taking care of these. GM Hembree said the LLA already does this on storm water management ponds. GM Hembree said the easement request pertains to Woodridge and director DiLoreta said it also would affect Aspen and Audubon.
Charlotte Dusold said that for new roads this is a state requirement and that it can be enforceable.
LLA Motions & Resolutions— Director Sheehan reviewed with the board a compilation of all board motions and resolutions from 1999 through 2003. He asked the directors to review the document and forward any suggestions to staff person Joy Gurley, who is to continue working on compiling the data from 1998 to 1993.
LLA Board Vacancy— directors Fitzpatrick and Young had notified the board that they would be resigning from the board at some time in the future. Director Fitzpatrick is selling his home and would be leaving the community and director Young is planning a career change. Because of the general uncertainty of both directors plans the board decided to wait to see how each individual’s circumstances fall into the time line as outlined in the covenants regarding replacement of board members and then act accordingly.
MATTERS FOR BOARD INFORMATION
Pontoon Boat Removed from Brosius Dam— GM Hembree reported that the boat had safely been removed from below the dam spillway and that it had to be removed with a crane. All related costs were paid by the boat owner’s insurance.
Village and Committee Meeting Night Rescheduled— the village and committee meeting night with the board was changed from Oct. 6 to Oct. 20 due to the meeting the board is having with the county commissioners on Oct. 6.
Storm Damage— GM Hembree said that the LLA office had been inundated with phone calls from the recent heavy rains. For nearly a week the maintenance staff tended to the work generated from the calls. The possibility of Hurricane Isabel coming through the area would not help matters, he noted. He said that staff was preparing to implement the Emergency Action Plan for the dams and had contacted Dam Safety Division. He said staff would be monitoring the lakes and dams through the upcoming storms and would report to the appropriate agencies.
ECC Meeting with Full LLA BoD— Director Kopec asked for a meeting between the ECC and the LLA board to discuss parameter of operations of the committee and to get the necessary backing for the ECC to meet its obligations. The board decided to meet with the ECC on Saturday, Sept. 27 at 9 a.m. Board president Dinkelacker asked for an agenda to be developed by director Kopec prior to the meeting so that everyone could be properly prepared to address the issues.
Sale of Woodridge Retreat Lot— Director Dinkelacker explained that Land Stewards was interested in purchasing “circle lot” #230 in Woodridge Retreat from the LLA. The value of the lot was $1,800, which is the amount owed to the LLA.
MOTION: Director Fitzpatrick made a motion to sell the lot to Land Stewards for $1,800. The motion was seconded by director Young.
VOTE: 6-0-1 in favor. Director DiLoreta recused himself from the vote.
Farm Pond Update— GM Hembree passed out documentation and information about the work to be done on the pond dam slope because he believed there to be confusion among the board regarding the cost of and reason for the project. He noted that during the last three storms the water in the pond had topped the dam. He said the state’s Dam Safety Division had laid out the rehab project for some time. He said that letters and emails with mistaken information were being passed around in Pinehurst and contributing to the confusion. He said that the LLA would have in the budget next year the funds to do a weir wall that is required by the Frederick County Soil Conservation District. He said trees on the dam slope were to be cut down but that the roots would not be removed until the LLA has been given permission by Soil Conservation District. If that agency agrees to the removal of the root balls, the LLA would do so and then fill in the areas where those are removed. Mr. Hembree said that lowering the drain in the pond is not sufficient to deal with the problem but that the LLA is employing the least expensive but safest method in dealing with the matter and the related obligations.
Email from Lot Owner Near Dam— The matter brought up in the letter is something for the board to think about next year and address the liability issue, if any.
Storm Drainage— the question was asked whether the main valve on the Brosius Dam should be opened to move flood waters from the lake more quickly. GM Hembree said he was reviewing the issue with the engineer in charge of the rehab project, as well as the city and county engineers.
New Market Regional Planning Commission— John Snow and Charlotte Dusold were appointed to represent the LLA at these meetings.
RESIDENT FORUM
• Resident John Snow reminded the board about the upcoming meeting on Sept. 22 regarding the proposed aquatic center.
• Larry Dusold asked about any preventative measures regarding the upcoming hurricane predictions. GM Hembree reviewed what the maintenance crews were doing to prepare for the storm.
• Director DiLoreta addressed comments in the September 2 board meeting minutes regarding the value of the 3-acre site in Meadows that Land Stewards wants to exchange for an eight acre site in Woodridge owned by the LLA. He said that Land Stewards intends to transfer the Meadows site with a commercial zoning designation and that when it is transferred it will be free of any debt. He said the starting point for the land value was as follows: $90,000 for the seven acres and that the value of the three-acre site with a commercial designation would be $187,000. He said the Woodridge parcel would possibly provide 20 residential lots but that the APFO designation was a big “if,” which meant that Land Stewards could not be certain as to when or if the land would ever be able to used for residential. GM Hembree noted that the LLA would still have to obtain a site plan approval that would secure a commercial designation for the parcel. He estimated the cost for the commercial approval was $40,000. Director Dinkelacker said that he had met with Bob Wilcox, Land Stewards manager, and Mr. DiLoreta, partner, to begin preliminary discussions. He said that Woodridge residents would need to provide input and that Land Stewards would do the conversion of the Meadows parcel to commercial. Mr. Hembree asked whether the current Land Stewards land planner could be tied in. He said the topography at the Meadows parcel is not good, two of three acres probably are not usable, and that the LLA could not afford to do the needed excavation. He said the maintenance building would not be sited atop the rock outcropping and a site plan engineer would need to establish where the building would be located. Mr. Dinkelacker said at the next board meeting the matter would be discussed further and when a decision from the board is determined as to what direction it wants to go then Woodridge residents and Balmoral/Meadows residents would be invited to a meeting.
ADJOURNMENT
Director DiLoreta made a motion to adjourn the meeting. The motion was seconded by director Fitzpatrick. The meeting adjourned at 9:37 p.m.
Respectfully submitted,
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Stephen Hembree, LLA General Manager Andrew Twillman, LLA Secretary