Lake Linganore Association, Inc.
December 1, 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, Bill DiLoreta, Lisa Rogers, Brian Kopec. Those absent were: Andrew Twillman.

Also in attendance were: Stephen Hembree, LLA general manager; Larry Brown, LLA asst. general manager; Joy Gurley, community resource manager.

Approval of November 17, 2003 Minutes
The minutes of the November 17, 2003 meeting were approved as written.

New Market Mayor Winslow Burhans
Before proceeding to committee reports, LLA president Dinkelacker invited Mayor Burhans to address the board on issues he had in mind. Mayor Burhans explained that a conversation with the LLA GM on speed enforcement in New Market and Eaglehead led to a conversation about the two communities sharing a deputy. The mayor said his town would love to have a deputy working more than the current five hours a week it currently has but that the town budget precludes such action. He said that if the proposed Adventure Park, near to New Market, could be convinced to be annex into the town, the amusement tax revenue that the town would gain would allow for more deputy hours. In addition he said the revenue would help the town to contribute funds to the local fire department, among other community facilities that would also benefit Eaglehead residents.

Mayor Burhans asked the LLA board to support the town’s request to write a letter to the Adventure Park owners to ask them to annex into New Market. He said it was important to address these matters now because the results of anything that would be realized would be several years away. The mayor said that such support from Eaglehead would be much appreciated by the town of New Market. He said the LLA and New Market could get together to discuss future mutual benefits to work toward. GM Hembree said he had talked to county staff and that they were ambiguous about the LLA involvement in the matter. In addition, he had discussed the need for another deputy with DFC Venzin, who agreed that another part-time deputy would be of help to him.

Mr. Hembree said that he needed to talk further with the Sheriff’s office about the matter and said that LLA secretary Twillman would need to draft the letter of support for the annexation.

Committee Reports

Security— DFC Venzin touched on the discussion about the extra deputy hours for Eaglehead. He said that it would be helpful to his work in the community. The deputy explained that if the situation in Eaglehead is quiet and he gets a call for assistance in New Market, he does have to respond to that area so to some degree the two districts overlap in terms of deputy patrols. He reviewed the November security reports and statistics.

ECC— ECC administrator Larry Brown said the committee was putting before the board a request to approve:
a change in the application fee for home additions to $150,
down from the current $300 figure;
new committee member Mike Gentel, a local builder;
and, a set of definitions that are to accompany the ECC Guidelines.

MOTION: Director Sheehan made a motion to approve Mr. Gentel as a member of the ECC. Director Young seconded the motion.
Discussion: Director DiLoreta asked why Mr. Gentel was being asked to join the committee if he was breaking the rules. Director Dinkelacker said the committee wanted Mr. Gentel on the committee; he is a resident and a local builder. GM Hembree said that in the past the original Eaglehead developer Bill Brosius had asked the local builder’s coalition to be a part of the ECC and that part of the ECC charter outlines that committee members should have certain professional skills related to the business of the ECC. Director Kopec asked whether Mr. Gentel would be a voting or non-voting member of ECC. Mr. Brown said that it would depend on whether Mr. Gentel was appointed as a resident or a builder; he said the committee preferred to have him appointed as a resident. Resident Rachael Kopec asked if the committee had made this decision or if Mr. Brown had decided this nomination on his own. Mr. Brown said that the committee had approved the nomination at its last meeting. Mr. Brown said that Mr. Gentel’s professional skills could help the committee determine if its requirements, etc. goes above and beyond what is reasonable.
VOTE: 5 to 1 in favor of the motion.

MOTION: Director Young made a motion to accept the change in application fee for home additions. Director DiLoreta seconded the motion. Director Sheehan said that the motion needed to be amended to incorporate approval of the definitions. Director Young amended the motion to include approval of the definitions. Director DiLoreta seconded the amended motion.
VOTE: 6 to 0 in favor of approving the new application fee and the definitions.

Director Sheehan asked that LakeTalk publish a story about the fee change and that the emphasis be placed on the fact that the fee had been decreased.

Finance Committee— Director Young reviewed the financial statements for the month of October 2003. He noted that there would not be a meeting with the board on the budget before January.

Trailblazers Committee— Committee co-chairpersons Katrinka Westendorf and Cathie Reed reviewed the work accomplished from the recent monthly work party organized by the committee. They said 12 people came out to help clean up and clear the drains of the esplanade. They said the next work party would perform work on the Lake Merle Trail. Because the board had planned to discuss the proposed revised trail maintenance plan later in the meeting, the committee asked the board to discuss it at this point in the meeting.
Director DiLoreta asked the committee why it was revising the plan. Committee member Diane Shuey said that the plan the board had approved in 1999 had been written and submitted by then committee chairperson Rachael Kopec but that the committee had problems with it and had not approved the plan, nor was the committee aware it had been submitted and approved at the time or afterward until sometime in 2001. She said the committee had submitted a revised plan in 2001 that was never given to the board by the general manager and was never acted on by the board. She explained that when a board member recently asked for a copy of the plan, it was discovered by staff that the file had different versions, one with a note that the 1999 plan had not been approved by the committee, one was the revised plan that had not been submitted and when staff asked the committee about what plan was in effect, the committee decided to review its revised plan and resubmit to the board.

Director DiLoreta expressed concern that the 1999 plan gave the “best of both worlds”, that allows pruning back the shorelines of the lake and still maintaining a view of the lake. Mrs. Shuey said that the plan tries to follow state guidelines, which includes protecting trees along the banks of the lake shoreline. Director Sheehan noted the June 2000 resolution approved b y the LLA board that prohibits cutting of trees and brush along the banks of Eaglehead lakes. Director Dinkelacker said the proposed plan was only an update but director DiLoreta said he disagreed.

MOTION: Director Young made a motion to approve the proposed trail plan and rescind the 2000 resolution about cutting along the banks of the lakes. The motion did not receive a second and the trail committee members asked that the board not consider the rescinding of the 2000 resolution until the Friends of the Lake (FoL) Committee could be consulted on the matter and address the board. The board agreed that would be the best course of action.

Director Young revised the motion to approve only the proposed plan. Director Sheehan seconded the motion.

Director Kopec asked if the trail markers in the old plan were to be eliminated. Ms. Westendorf said no but that the committee did not see the need for it to be included in the plan.

VOTE: 4 to 2 in favor of the motion to approve the proposed plan.

Mrs. Shuey reiterated that the FoL supported the 2000 resolution about cutting along the lakeshore and asked that the committee be notified before the board takes any action on the matter. Director Young asked whether the 2000 resolution should be amended to require that any invasive species growing along the trail be eliminated. Director Sheehan said that the Trailblazers should be asked to submit a list of species that should be removed from the trails and then included in the maintenance plan.

Village Reports

Aspen— Chairperson Kathy Brown said that at the November 13 village meeting the residents discussed the many problems caused b y the weather during the last 12 months and made a motion to send a letter to the board to show its approval of the work being done by the management staff. She said that the residents expressed shock at the clear cutting of trees in Woodridge section of the PUD. She said that an undeveloped section of Aspen was scheduled next for site preparation. Mrs. Brown submitted a written request for clarification regarding the LLA authority and obligation to enforce the LLA Covenants, both in general and as they apply to the removal of trees. She said the clear cutting of home sites in Woodridge is neither in compliance with the LLA Covenants nor with the ECC design standards. She said she had talked to individuals who in the past had been involved with covenant enforcement and that she had been told that that the LLA authority in these matters had been subject to differing interpretations. Mrs. Brown said that Aspen residents were requesting that the matter be put onto the board’s December 8 legal orientation workshop agenda to discuss the legal concerns including “the issue that developers do not have unlimited or designated ECC authority”. President Dinkelacker said the board would put it on the Dec. 8 agenda.

Westwinds— Chairperson Carol Thames said that the Westwinds ECC and HOA board of directors was asking for a clarification decision on the legal opinion from attorney Shelah Lynn regarding Westwinds ECC.
GM Hembree said some things are to be changed in the future once attorney Lynn completes her review of all documents.

Woodridge— Co-chairperson John Cunha thanked Land Stewards for cleaning up the roads from the recent soil erosion problems. He noted a truck that had been parked at the circle on Woodridge Road for two weeks and that as a result the school bus has had trouble getting around it. He asked whether the appraisal had been finished for the land involved in the proposed land exchange. GM Hembree said that a market analysis was being done and would be ready in time for the planned January 10 workshop on the land exchange. Mr. Cunha mentioned a silt fence that had failed and caused a good deal of soil run off. Mr. Hembree said that Land Stewards would have to address the matter because a private builder approved by the developer caused the problem. Mr. Cunha asked about whether the community thought of having cell phone towers installed in the PUD to improve service. Mr. Hembree said that staff has made inquiries to cell phone companies but to date none have shown an interest.

UNFINISHED BUSINESS

Associate Pool Member Fee Increase— LLA finance administrator Gary Jenkins was asked to research a comparative cost analysis on other area pool facilities as to “outside” membership pool fees. LLA treasurer Todd Young said the finance committee’s recommendation is to not make a change in these fees for the coming year. Director Sheehan said that he felt that because the association recently increased the fee for regular members that the associate member fee should be increased, as well.

MOTION: Director Kopec made a motion to sell the associate pool membership as a limited recreational membership package that would allow use of the other facilities such as the tot lots/basketball courts/tennis courts during regular pool hours, increase the associate pool member fee to $475, and continue to restrict the number of these memberships at 100.

GM Hembree said that selling the memberships as a package was not needed because the LLA had never restricted use of these facilities to associate members while they were using the pool facility.

VOTE: 6 to 0 in favor of the motion to sell the membership as a package at a rate of $475, limited to 100 memberships.

FEMA Update— GM Hembree said the letters sent to federal and state representatives had been received and that he had received phone calls from Sen. Mikulski’s staff, which is interested in monitoring the appeal, and acknowledgement of the letter from State Sen. David Brinkley’s office.

NEW BUSINESS

Covenant Booklet Review— the directors were given copies of the following documents:
• 1968 agreement between Linganore Corporation and Frederick County Planning Commission that created the Eaglehead PUD;
• the recorded original 1969 LLA Covenants;
• the recorded 1971 amendment to the covenants;
• the recorded 1974 amendment to the covenants.

Due to some inconsistencies in the covenant booklet that had been used since 1995, staff had compiled a new version of the covenant booklet and submitted it to LLA attorney Shelah Lynn for review. The new version attempted to make the booklet reflect the recorded amendments and to document revision dates within the text.
Director Young made some suggested revisions to the revisions, which was to be discussed at the December 8 legal orientation for the board.

MATTERS FOR BOARD INFORMATION

New Market Region Plan Meeting— GM Hembree said that the LLA needed more board attendance at these meetings, particularly in light of the fact that the new regional plan map showed a change in the zoning affecting the “campground” area of the Eaglehead PUD.

December 8 BoD workshop— it was determined that a van would not be needed for the workshop session.

Workshop Meeting with Lake Anita Louise Townhouse Residents— GM Hembree noted that the workshop for LAL townhouse residents would begin an hour after the Land Stewards presentation on Dec. 13 at Deer Crossing Elementary School.

Meeting Location Confirmed for Land Exchange Workshop — Deer Crossing Elementary School was the confirmed location for the 9 a.m. to noon workshop timeframe on January 10, 2004.

Westwinds MOU— A letter drafted by Shelah Lynn was mailed that day to WW developer Tom Poss and his attorney.

RESIDENT FORUM

• John Snow suggested that if the building addition is put on hold that the association have the shingled roof of the building repaired. He also asked whether all the missing pieces for Ben’s Ford Bridge had been found. GM Hembree said the bolts were the last mystery and when that was completed staff would be able to start on the project.

• Carol Thames said that a trail sign needed to be posted and brought to Mr. Poss’ attention. Director Dinkelacker asked whether the WW ECC has to approve the trail sign. Mrs. Thames said she would ask WW ECC and report back.

• GM Hembree gave the directors a copy of attorney Lynn’s information on the referendum question for the library land.

• Director Dinkelacker asked GM Hembree when the barn in Nightingale was scheduled to be knocked down.

ADJOURNMENT

Director Rogers made a motion to adjourn the meeting. Director DiLoreta seconded the motion. The meeting adjourned at 9:20 p.m.