CALL TO ORDER

The meeting was called to order at 7 p.m. Board members present were: Bill DiLoreta, Alan Dinkelacker, Brandon Frazier, Brian Kopec, Lisa Rogers and Grant Sheehan. Board members absent were: Andrew Twillman.

Approval of June 7, 2004 Board Meeting Minutes

The minutes of the June 7, 2004 board meeting were approved with the following amendments:

•Under New Business/ Dimensions llc Design for Community Center, change the sentence under VOTE to “ The board vote was as follows: 1 in favor and 3 against the motion.”

•Under Resident Forum, Mark Gumbas, add the following: The board agreed to refund in this specific case any money he was charged over the $100 as per the current towing fees for residents with Precision Towing.”

UNFINISHED BUSINESS

Office Remodeling Update—GM Hembree told the board that an additional $14,000 was needed to complete the office rehab project as described in his monthly general manager’s report and asked that the money be taken from the general reserve fund. Director Sheehan asked if the $14,000 was in addition to the $25,000 that was already budgeted for the project. Mr. Hembree said yes. He said the total amount for the rehab project did not include the items that would normally be covered through the reserve fund account. Director Frazier noted that the GM report showed an intention to use staff to do some of the interior work in the project. Mr. Hembree said that LLA staff would be used as they could be scheduled.

MOTION: Director Sheehan made a motion to approve the request for the additional $14,000 for the office rehab project with the condition that no other funds are allocated to this project for the remainder of the budget year. Director Frazier seconded the motion.

Discussion: Director Frazier asked if the money from the general reserve fund would come from the common area reserves. GM Hembree said yes because the office building is considered common area property. VOTE: Director DiLoreta abstained from the vote. The directors voted as follows: three in favor of the motion and two against the motion.

Aspen Tree Clearing Memorandum of Understanding— Director Frazier noted two typographical errors in the text of the document that needed to be corrected, as follows:

• Page 2, #2, last sentence, change “is not intended to the removal” to “is not intended for the removal.”

• Page 3, top of the page in item #3, end of sentence, change “access to a lot of group of lots and construction…” to “access to a lot or group of lots and construction…”

MOTION: Director Frazier made a motion to approve the document with the corrections listed above. Director Sheehan seconded the motion. VOTE: The board voted as follows: four in favor and none against. Director DiLoreta abstained from the vote.

Woodridge Tree Plan— Director DiLoreta said that he had talked to Woodridge village chairperson John Cunha and that Land Stewards was planning to meet with the village on the matter on Monday, June 28, and that Land Stewards would have more of an answer as to what the plan will be after that time.

Aspen North Village CDA Announcement— Director Sheehan said that Frederick-based engineering firm Harris Smariga & Associates (HSA) delivered the best bid for the feasibility study on the cost to build roads, stormwater management and water and sewer lines so that the village can decide if wants to create a Community Development Authority for the construction of that infrastructure. Mr. Sheehan also took the opportunity to recognize Kathleen Barry, an Aspen North property owner, who had worked with him to conduct a survey of the lot owners.

MOTION: Director Sheehan made a motion that the LLA board recognize the Aspen North CDA Committee as an ad hoc committee and approve M.J. Minton as the chairperson of the ad hoc committee. Director DiLoreta seconded the motion.

VOTE: The board voted as follows: five in favor of the motion, none against.

Westwinds Legal Description— GM Hembree reported that he did not yet have the figures from Harris Smariga & Associates (HSA). He noted that Westwinds developer Tom Poss had said he would pay for some of the engineering required to finalize the legal description. The directors asked the GM to send a letter to Mr. Poss stating that the HSA cost is to be covered by the developer. Director Dinkelacker asked that the GM email the board with the cost figures once they are received.

Letter to County Re: Two Lane Eaglehead Drive— GM Hembree said that sending the letter to Frederick County staff and commissioners regarding the LLA board position to keep Eaglehead Drive a two-lane road was currently on hold and would not be sent for another two to three weeks. Director DiLoreta said that Land Stewards was waiting for discussion on the site plan.

John Clark, a partner in Land Stewards, told the board that stormwater management plans being developed for Eaglehead Drive along the Aspen lots was reflecting more of an effort to save trees along the community’s major thoroughfare. He said the Land Stewards side of the road had a very high slope, which would make the grading work more difficult to achieve. He said as a result, Land Stewards is looking at putting the drainage swale on the opposite side of the road and that would be a better solution. Mr. Clark explained that there would be three spots on the Land Stewards side of the road that will have road breaks to accommodate drainage pipes to carry the water to the other side of the road. Bob Wilcox, Land Stewards manager, said that virtually all of the work that needed to be done for the drainage could be done within the existing 80-foot easement without the need for additional easements. A question was raised as to whether the road cuts would have an open inlet for the drainage or if a manhole would be installed. Mr. Clark said that 15 of the Aspen lots would drain water into the existing road ditch on the Land Stewards side of the road and that drainage from all other lots above would be piped underground.

Director Sheehan asked whether the dirt entrances onto Arapaho and Shavano roads would be maintained to allow access to the lots. Mr. Clarke said yes.

GM Hembree suggested that a construction easement should be drafted between the LLA and Land Stewards.

It was decided to put the matter on the July 19 board meeting agenda. Mr. Clark was to provide to the LLA the lot numbers so that the owners could be notified and to check to see where they lived.

NEW BUSINESS

Audubon Townhouse Presentation by Land Stewards— Land Stewards partner John Clark said that final site plan approval had been acquired for 50 townhomes in Audubon Terrace village. Each of the units is to have a two-car rear garage. Mr. Clark said that the company continued to looked at ways to have less impact on the land and that a new plan was going to be presented that pushed the units closer to the street, which helped in the effort to save trees and reduce the grading but keep the same number of units. The discussion focused somewhat on a walkway to be located along Eaglehead Drive and whether a concrete sidewalk should be installed or one of a different material or whether a walkway needed to be placed at all. The decision was to install some type of sidewalk but to wait until the July 19 meeting to discuss the type of material to be used for the walkway. Mr. Clark said that Craftstar would be the builder of the townhouse units.

ECC Plan of Action on New Home Construction Violation— GM Hembree said the current staff had not had this situation come up before. The matter involved a new home construction project that had been idle for more than 60 days and was quickly approaching the one-year deadline stipulated in the LLA covenants Article VII, Section 1. Because the home in question was that of board member Brian Kopec and because the staff person in charge was new, the GM wanted to present the process and paperwork (attached to minutes) that LLA staff had developed in response to this situation so that the board could review and make any suggested changes. Director DiLoreta said he was puzzled as to why the staff took this course of action without extending the courtesy of calling Mr. Kopec. AGM Edwards said that he had talked to Mr. Kopec and was told that construction was continuing and that later the builder on the project called to say he wanted his $2,500 liquidated damages deposit returned. In the course of conversation about returning the deposit, staff discovered that construction had stopped a considerable time ago and that any immediate resumption of construction would not be taking place. Mr. Hembree said that according to the Construction Authorization Contract (CAC) that Mr. Kopec signed with the LLA, Mr. Kopec was to notify the LLA if construction was stopped.

MOTION: Director Kopec made a motion to have staff send the letter and paperwork as drafted. Director Sheehan seconded the motion. VOTE: the board voted as follows— 5 in favor of the motion, 0 against.

Twin Barns Lease— GM Hembree said he was working with the landlords on the new lease for use of the buildings and grounds located off Coldstream Drive but that he had not yet received the lease to be able to discuss it with the board. He said that because of the increasingly unsafe condition of the storage barn, he had decided to remove the road salt, cinders and other materials stored there and place it nearby and cover it. He said that he and the landlords have been discussing the fate of the dilapidated barn and are looking at having it torn down but that a cost estimate needs to be done. AGM Edwards said the local fire department was interested in using the barn as part of a controlled burn for training purposes. Director Kopec suggested that staff look at the cost of retrofitting the barn so that it could still be used for storage purposes. Director DiLoreta said that one person in the partnership ownership of the barns is of the opinion that the LLA should be responsible for the cost of tearing down the barn in return for “rent.” Director Kopec asked what LLA’s annual cost is for maintaining the site. GM Hembree said approximately $2,500. Mr. Hembree said that one of the two landlords want to charge rent for use of the property and that he expects to get those figures before the next budget cycle.

Lot 207 & 208 Woodridge Notification—GM Hembree said that he is the owner of lots 207 and 208 and that he was officially notifying the board that he would be cutting shrubs and small trees on his property. He said he would not be cutting anything six-inches in diameter or larger so he is not required to make an application to the LLA. However, e felt he should disclose his plans as a matter of ethical considerations. He said he has a site plan with the trees marked that are to be removed. He noted that he had 35 mature trees, which are six-inches to 4-inches in diameter, on the lots if the board wanted him to submit it. The board said it did not need to see the site plan.

Five Year Plan— Director Frazier said that as the board discussed various capital improvement projects it seemed a good idea to put the projects into a five-year plan that could then be used to present to the members a special assessment plan to build the projects. He said he would like to eventually have a workshop conducted on the projects and the plan. Director Rogers said that is what she has been asking for. Director Sheehan suggested assigning two board members to the effort and asked staff to start the preliminary research for the process. A discussion about the need for demographic information determined that the effort should start with information about Land Stewards projects. LLA Facilities Manager Kevin Oyler told the board that it was important for the association to protect itself against a particular fallacy in its thinking, that growth would equal increased revenue. He said that associations typically find that at build-out they are in no better position to come up with the additional funding for any needed extras. Director Rogers suggested that the board get former board member Todd Young involved with this particular project.

RESIDENT FORUM

• Westwinds resident Carol Thames asked about the status of the meeting with Millennium Development Group regarding the amendment to the Westwinds MoU. GM Hembree said nothing had been resolved as yet. Mrs. Thames said that she wanted to thank the LLA staff for sending out the covenant violation notifications because residents responded immediately and cleared up the violations.

• Charlotte Dusold, LLCS president, said there would be a meeting on June 25 to discuss the direction of the project. She said that the request for MDE funding would go before the state’s Board of Public Works on August 11.

ADJOURNMENT

Director DiLoreta motioned for the meeting to be adjourned. Director Rogers seconded the motion. The meeting was adjourned at 9:10 p.m.

Respectfully Submitted,

Stephen Hembree Andrew Twillman

LLA General Manager LLA Secretary