Lake Linganore Association, Inc.

November 3, 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, Brian Kopec.

Also in attendance were: Stephen Hembree, LLA GM; Larry Brown, LLA AGM/ECC administrator; Joy Gurley, community resource manager.

Approval of October 20, 2003 Minutes The board approved the minutes of the October 20, 2003 meeting with the following clarification: • Under Land Exchange- add to the end of the paragraph: Some board members did not understand that the Aspen North parcel, as outlined in Land Stewards’ original proposal, was still included in the proposal.

Committee Reports

Security Report— DFC Venzin said he needed to clarify a matter that was discussed while he was not at the last board meeting regarding trespassing and golf. The deputy said that he has no authority to remove people from the area if they are the guests of a member, even if the member has 100 guests. He said he routinely does arrests related to underage drinking and drugs but that he cannot remove people otherwise if they are with a guest. On the subject of golf carts, GM Hembree pointed out that staff had determined that the LLA Rules & Regulations deal with the subject and require residents to be licensed drivers in order to drive a golf cart on LLA streets. Mr. Hembree said that all golf carts are to be registered with the LLA but that it had not been done for a long time. DFC Venzin said that he had received two complaints the prior Saturday about two golf carts racing on Eaglehead Drive. Director DiLoreta asked the deputy if a combination lock rather than a key lock would be less trouble for controlling the construction gate at Woodridge. The deputy said people on ATVs could still get by and suggested that parking construction equipment across the road would be just as effective. He added that if Land Stewards does decide to put on a key lock that he should be given a key. Director Dinkelacker asked whether the LLA should put a limit on the number of guests that a member can have at the dam area. GM Hembree said the association does have a guest policy that stipulates the number of guests permitted that applies to the entire PUD. Director Sheehan asked whether the problems occurred at a certain time of day and the deputy said in the summer the problem begins in late afternoon. Director Sheehan asked whether a time restriction should be placed on the facility but director Kopec said that would not be appreciated by members. Deputy Venzin said that fishermen, in particular, use the area at that time of day. Woodridge resident John Cunha said that residents in his village see teens drinking at the dam during the summer. He was told that jumping off the dam is not illegal. Director Dinkelacker took issue with putting restrictions over everything in the PUD, saying that a lot of restrictions make it pointless to live around a lake. Director Young asked the deputy if the association had given him the tools needed to do the job. The deputy said yes and suggested that some additional signage at the dam area indicating surveillance could be added. Director Dinkelacker asked if the golf cart stickers and registration could be implemented. GM Hembree said that it could be included in the next LLA dues invoicing process.

Environmental Control Committee— ECC administrator Larry Brown said the committee did make a decision about portable basketball hoops and that the committee will be asking that residents register existing hoops so that a record can be kept. Mr. Brown said the ECC still needed to meet with the finance committee about the change in ECC fees. Director Young said that he wanted to clarify that the committee will not be developing a formula to base the fees on. After further questions and discussion the board said the ECC did not need to meet with the finance committee. GM Hembree said that formulating a fee schedule was, at best, an educated guess and that the fees had nothing to do with the budget. He added that the key to the effort was developing a fee schedule that would get more people participating in the process. The GM said there is no justification needed, just a good analysis and a reasonable fee amount.

Finance Committee— LLA treasurer Young said that the financial statements were in error and that the report would be given at the November 17 meeting. He said that the board reports reflected the accrual figures but that the statements did not so that the finance report needed to be corrected.

Trailblazers— Co-chairperson Cathy Reed said that the committee is currently working on revising the trail maintenance plan and would present it at the next board meeting.

Social Committee— Chairperson Rachael Kopec asked whether GM Hembree had informed staff about free tickets for staff and a guest. GM Hembree said he had not because he was not clear as to whether or not that was to be done. Mrs. Kopec said it was done last year and would continue through this year’s event. She asked that the invitation be extended to the deputy and his wife.

VILLAGE REPORTS

Aspen— Village chairperson Kathy Brown said a meeting was scheduled for November 13.

Audubon Condos— No report was presented but director Kopec asked whether the LLA ever received a report from the condo association regarding their meetings. GM Hembree said the association has never received a copy of these meeting minutes.

Meadows— Village chairperson Lisa Rogers reported that she had been receiving complaints from residents about the light being out at the mailbox area. GM Hembree explained that the existing light is solar and that with all the cloudy days the light is not getting the charge it requires to keep the light working long after dark. He also noted that there was no money in this year’s budget to put in a new streetlight. Mrs. Rogers said that not doing anything to remedy the situation was unacceptable. Director Sheehan said that because the situation is a safety matter, money should be transferred from somewhere else in the budget to put toward a new light. He asked that the matter be put on the next board agenda. Pinehurst resident Dottie Ward asked if this action would also impact the Pinehurst mailbox area; Cathy Reed asked if it could impact the Coldstream mailbox area. Director Twillman asked why the villages of Meadows, Pinehurst and Coldstream do not have individual house mailboxes instead of the cluster boxes. It was explained that the New Market postmaster makes the decision. Director Sheehan said that the cluster boxes were not unusual, even in upscale communities. Director Twillman suggested that the community express its opinion on what kind of mail service it wanted and fight for it. Resident Charlotte Dusold said that the post office told her in the past that if the community petitioned for individual mailboxes it was possible to get them. Director Twillman agreed to contact the post office to begin official communications on the matter. Mrs. Rogers said the LLA board should take care of the common basics first instead of contributing funds to “fringe” items and other things. Staff was directed to look at the mailbox areas in the three villages and determine what could be done to come up with a reasonably priced solution.

Westwinds— Village chairperson Carol Thames said there had been vandalism occurring in the village. She said a portable basketball hoop had been pushed over a hill and wanted to know who would be able to recover it. Mrs. Thames asked about trash collection times because some homes were reporting trash not being picked up. GM Hembree reviewed the holiday collection policy and noted that staff was in the process of arranging another meeting with Waste Management.

Woodridge— Village chairperson John Cunha asked questions about three things: when the Lake Marian Dam weir wall would be completed; whether the back gate to Woodridge had been fixed; the date for the workshop on the proposed LS/LLA land exchange. Director DiLoreta said the contractor for the weir wall would be back on the job by November 17 and that it would be completed within two weeks thereafter. He said LS was in the process of talking to two companies about the cosmetic “cover” for the weir wall. Mr. DiLoreta said that the LLA asked Land Stewards to put the existing gate in and that he would go to the site with GM Hembree to further discuss a solution regarding the gate. He said he felt the complaints about trash near the gate were exaggerated. Director Dinkelacker said that a date for the land exchange workshop would be set later in the meeting.

UNFINISHED BUSINESS

Land Exchange— Director DiLoreta said he was trying to figure out if the LLA wanted the Meadows site that was a part of the proposal. GM Hembree said the LLA believes it is a workable site. Mr. DiLoreta said the offer was still on the table. Director Young asked if the board was interested in the Aspen North site and director Kopec said that the site gave the LLA an opportunity to gain some green space. Director Twillman asked if a referendum vote was necessary on the Woodridge parcel. Director Sheehan said the first order of business was to have a public workshop before any decisions were made. He also suggested that the offer on each site be further clarified. Director DiLoreta reiterated the full offer regarding the land exchange. GM Hembree pointed out that site plan approval would cost $40,000 and noted that the LLA did not have an appraisal. He also took the time to clarify some misunderstandings about the Woodridge parcel C: the land has a high-density townhouse classification and was not scheduled to be a park, rather it was intended to be developed. He said Land Stewards’ intention for the Woodridge parcel C was to lessen the density by developing it for single-family homes and include a common area within that. The GM said he did not know where people got the impression that the parcel was to be a park. Woodridge village co-chairperson John Cunha said it was on a map at the Eaglehead-on-the-Lakes visitor center. Director Sheehan asked about the Aspen North parcel C. GM Hembree said that the land was steep and that Land Stewards’ plans called for it to be green space anyway. Director Kopec said he endorsed the Meadows site. GM Hembree said it would take some creativity to deal with the site and still get the maintenance facility requirements met. He added that the Meadows site would need an engineering analysis. Mr. Cunha asked why the Nightingale site was not being considered for the maintenance facility. Mr. Hembree said because it was not appropriate to put the facility in the middle of a residential section. Director Young said he wanted figures and asked whether Land Stewards would pay for that. Director Dinkelacker said that Land Stewards was not interested in doing that. Director Young said he wanted all the facts about the various aspects of the land and related costs presented for the workshop meeting. Mr. Hembree recommended that an appraisal be done but said the best appraiser in the county works for Land Stewards and that hiring that person would be a conflict of interest. He said a written appraisal of what it would cost the LLA to get the maintenance facility in would be done for the workshop. The board set the time and date for the workshop as: 9 a.m., Saturday, January 10, 2004. Deer Crossing Elementary School is the tentative meeting site.

Westwinds Quit Claim Deeds— Director Twillman said that he spoke to Westwinds developer Tom Poss that day and that Mr. Poss said he would call him back in 10 minutes but the call was never returned. Mr. Twillman said he heard rumors that Mr. Poss would not be giving up the land involved in the deeds. Director Young suggested that the LLA have its attorney contact Mr. Poss. GM Hembree said that Mr. Poss was in breach of the MOU and that the LLA has given him plenty of time to settle the matter. Director Dinkelacker asked what the advantage was for the LLA to get these parcels of land. Mr. Young said the LLA currently is mowing the land, which it does not own, and that now the LLA cannot stop providing the service because the Westwinds HOA would not appreciate that. He suggested that if the LLA did stop mowing the areas that it might spark the Westwinds HOA to begin taking action against Mr. Poss. GM Hembree said that abandoning members was not the answer and that the LLA needed to establish that it has followed the MOU. The board directed staff to contact attorney Shelah Lynn and to get the record established that Mr. Poss is not cooperating.

Date for BoD Legal Orientation— The board set the legal orientation meeting for 9 a.m., December 8 at the Eaglehead Barn.

Resident Agent— The question had been posed as to whether the board should ask attorney Shelah Lynn to file as the LLA resident agent.

MOTION: Director Young made a motion that the LLA board request that Ms. Lynn file as resident agent. Director DiLoreta seconded the motion.
VOTE: The board voted 6-0 in favor of the motion.

Land for Library— GM Hembree said that the Linganore Library Committee was only looking for a commitment to donate some land. Director Twillman explained that the committee went to an individual land owner involved with the twin barns site and talked to the county Board of Education about a location in its land in the town center and that both said no to donating land. He added that the library system said whoever was the first to give one and a half acres for the library branch would be the one to get it and that by having the LLA agree to donate some land it would get the ball rolling but that the committee would have to continue its analysis. Cathy Reed, a Coldstream resident and library board trustee, said that both GM Hembree and library director Darrell Batson believe that the site near the current LLA building would be suitable and that the two facilities sharing the existing parking lot would work. Director Sheehan asked if the referendum question on the land donation would state a specific site. Director Twillman said that he would work with the library committee and LLA staff to draft the referendum letter. Director Dinkelacker asked whether the library would pay dues to the LLA. Director Young asked for that question to be included in the December 8 legal orientation for the board.

NEW BUSINESS

Pool Fee Increase—

MOTION: Director Young made a motion to increase the pool membership fee of LLA members by $5 but not to include the increase on vacant lot owners. Director Twillman seconded the motion.
VOTE: the board voted 6-0 in favor of the motion.

Director Sheehan directed the GM to put an increase on associate member dues on the working chart and to research whether another increase would be possible for the coming year on this membership classification.

Golf Cart Driver Requirements— This matter was discussed earlier under the Security Report.

Aspen Public Access & Public Utility Easement— GM Hembree said that the process was to conclude on November 17 and that these documents were identical to past State Highway User Revenue (SHUR) documents. The easement documents related to four roads in Aspen that are now owned by the LLA.

MOTION: Director DiLoreta made a motion to approve the easement documents. Director Kopec seconded the motion.
VOTE: the board voted 6-o in favor of the motion.

SWM Easement for Lake Marian— GM Hembree presented the documents to the board and noted that LLA attorney Shelah Lynn made a final suggestion on language that protected the LLA to ensure that the weir wall was built and that it was included in the final draft of the document.

MOTION: Director Young made a motion to approve the easement. Director Sheehan seconded the motion.
VOTE: the board voted 6-0 in favor of the motion.

MATTERS FOR BOARD INFORMATION

Meeting with County Staff Re: Road Standards— The board was informed that a meeting was set for 3:30 p.m. November 5 at Winchester Hall with Land Stewards representatives DiLoreta, Wilcox, and attorney Krista McGowan and LLA representatives Dinkelacker, Hembree and attorney Shelah Lynn in attendance.

LLCS/WRA/LLA Meeting Re: CDA/CIP— A meeting was set for 6:30 p.m., Wednesday, Nov. 5, at the LLA office.

Ben’s Ford Bridge— GM Hembree noted that county DUSWM was to present the signed easement for the bridge to the county commissioners on November 6. Mr. Hembree said that it would be Nov. 14 before the county engineers stepped in on the project.

November 8 Executive/Special Session— The closed executive session was set for Nov. 8 and was to be followed by an open special session.

Letter from William Burke— The board was given a series of letters between the LLA and Mr. Burke regarding a debate on reseeding a section of the trail following damage by a commercial truck hired to do work on Mr. Burke’s lot.

Building Addition— The board received the revised cost estimate that was for review only at this time. The subject was to be included in the November 8 special session.

Letter for Town of New Market— the town of New Market had written to the LLA to ask for a letter of support on the Adventure Park project being annexed into the town. GM Hembree asked the board for permission to talk to Mayor Burhans in order to get more information about the matter before the LLA took any action. Resident Charlotte Dusold said that Eaglehead residents were participating in the New Market Region Plan process and that it was customary for the town and for the LLA to support one another.

RESIDENT FORUM

• Pinehurst resident Byron Nuckols of Beach Drive said there is an erosion problem on the slope behind his townhouse. He said it started in the spring and that another section was eroding and that his deck had shifted two inches lower. GM Hembree said the slope sloughing was due to soil saturation and that sod had been ordered to replace the soil that had eroded. In addition he said that an engineer had been hired to look at the situation and that it is possible that a retaining wall will be installed although what can be done is limited due to the location of the water and sewer lines in that area. Mr. Hembree said that the entire slope was not going to give way. Director Sheehan asked whether the county had any obligation in this matter. Director Kopec said that textured fabric could be used for the steep slope. Mr. Hembree said staff would do what was necessary to stabilize the soil. Mr. Nuckols also asked about the ownership of sidewalks in his neighborhood. He said he had called assistant general manager Larry Brown about the matter but had not received a return call. GM Hembree told him the LLA owns the sidewalks and that money for the repairs are in the reserve fund and that staff would look at the condition of the walks.

• Bo Brosius of Audubon Condos told the board that the lights at the entrance sign were broken again. Director Kopec said that the LLA might want to consider putting the entrance lights in steel cages to protect them from vandalism.

• Pinehurst lot owner Harry Weiben said that he visited his lots during the previous weekend and that he found a picnic table and tree fort on the property. He asked the board to remind residents about private property.

ADJOURNMENT

Director DiLoreta made a motion to adjourn the meeting. Director Twillman seconded the motion. The meeting adjourned at 9:35 p.m.