Lake Linganore
Association, Inc.
September 20,
2004
Board of
Directors Meeting Minutes
The meeting was called to order at 7:07 p.m. at the Eaglehead Barn, located off of Rt. 144. Board members present were: Bill DiLoreta, Alan Dinkelacker, Brandon Frazier, Lisa Rogers, Grant Sheehan and Andrew Twillman.
Absent was: Brian Kopec.
Staff in attendance: GM Stephen Hembree, AGM Clay Edwards, facilities manager Kevin Oyler, and community resource manager Joy Gurley.
The minutes of the August 16, 2004 meeting were approved with the following amendment:
• Under July 19, 2004 BoD Minutes/ Linganore Watershed Task Force Report Presentation- add: Director Sheehan expressed concern about building restriction lines along the lake.
The September 7 meeting was cancelled so there are no minutes.
Security— AGM Edwards announced that the LLA would be getting a new deputy because DFC Venzin was being reassigned to Emmitsburg. He said the personnel change would not be immediate but some time in the near future.
Environment Control Committee— AGM Edwards reported to the board that the ECC had approved a motion that would permit the compliance administrator to approve minor home exterior changes. He said that the ECC would review only applications for new homes, additions, pools, retaining walls and the like. Director Dinkelacker said that Land Stewards has a tree in the middle of storm water management facilities in Woodridge and wanted to know if they can remove the tree. GM Hembree said that Land Stewards was still under a stop work order on all tree cutting in Woodridge and were informed of such at the past LLA/Developer meeting and needed to respond to that order. Land Stewards told the GM that a formal request would be forthcoming on Monday, September ___ .
Finance Committee— LLA treasurer Brandon Frazier reported that the finances were moving along as presented in the budget. He noted that $150,000 had been returned to Land Stewards in exchange for a letter of credit in the same amount. Director Frazier noted that the budget line item for printing was still showing as being over budget and asked GM Hembree to explain the matter. Mr. Hembree said that copying costs were originally plugged into the wrong line item in the budget but rather than change it mid-year, the finance committee decided to continue to show it as a variance and then list the cost properly in the next budget. He also noted that there is enough money in the budget to cover all the costs. Mr. Frazier also noted that there was a 42 percent increase this year in fuel costs but that in this month’s financial statement the costs were more in-line. AGM Edwards pointed out that fuel costs were 45 percent higher in that period but due to staff action the increase was held to a 17 percent increase. The increase noted by director Frazier was due to payment overlaps and late invoices.
Communications Committee— Chairperson Karen Frazier reported that due to unforeseen circumstances LakeTalk was mailed late this month and that a letter was going out to advertisers to offer compensation. Ms. Frazier also reported on the special committee negotiating with Adelphia Cable. She said the primary piece of information given to the committee by Adelphia officials was that the company does not regard its agreement with the LLA as a franchise agreement and instead put the Eaglehead PUD under an access contract, which would make a difference in how the fee is paid to the LLA. She said Adelphia told the committee it would only sign an access agreement. She also noted that a lot of things were left out of the documents and background information the cable officials brought with them and that the committee asked for back-up reports on documents that the company was suppose to have sent to the LLA during the years. The committee is looking at incorporating a type of performance bond into the new agreement because the cable company has not lived up to the original agreement. Director Sheehan, who is a member of the committee, said that Adelphia’s reasoning for the decision on the franchise agreement was because the LLA was not a municipality. Director Twillman asked if the utility map that was done a couple of years ago had come up in the discussion. Ms. Frazier said it had but that the cable officials did not seem inclined to pay the $8,000 that was requested for participation in the utility identification map. GM Hembree said that the company would most likely be sold soon.
Trailblazers Committee— Co-chairperson Katrinka Westendorf said the committee’s work party in September had been focused on a small connector trail at Forest Edge Court, which they partially cleared. She said the committee met with Land Stewards officials and walked the proposed trail for Audubon Terrace townhouse section and that the committee was comfortable as to how the project was proceeding. Director Dinkelacker mentioned that the trail marker post at Cherry Tree Court could be moved out closer to the street so that people have a better chance of identifying it. Director Rogers asked about the Meadows trail section near Stirrup Court. Ms. Westendorf said she had a conversation with new village chairperson Ed Duafala about that section of trail. She added that something needed to be done to make the trail distinctive from the surrounding properties and driveways, etc.
Social Committee— CMR Gurley quickly reviewed the financials for the Endless Summer Hop and noted that it was a successful event. She said that the committee was planning an October 30 Halloween activity and was hard at work on the holiday party. She asked the board to approve subsidizing the cost of tickets for LLA staff/spouse again this year as it has done for the past two years. The board agreed to pay for the tickets. The BoD also asked that invitations be sent to the Frederick Board of County Commissioners.
Friends of the Lake— Committee member Katrinka Westendorf reported for the committee chairperson Bill Strang. She reminded the board that the FoL was having its annual native plant sale on September 25.
Meadows— New committee chairperson Ed Duafala reported that the village committee recently underwent an election process. He noted that Richard Fisher was the committee vice chairperson and that Beth Eller was secretary. He said the committee is still looking for additional volunteers to help with its work. He said the committee was looking forward to working on issues with LLA staff.
Nightingale— Jen Peduzzi reported for committee chairperson Chris Peduzzi. She thanked the BoD for installation of the stop sign. She asked about the process for notifying the towing company regarding unauthorized vehicles at the beach parking lots. She wanted to know if residents could call the tow company to report vehicles. AGM Edwards explained that there is a policy that restricts direct communication with the tow company to LLA staff only. He recommended that residents call the sheriff’s dispatch and report the problem and that the department would make the necessary calls to make contact with the tow company. Mrs. Peduzzi said that on Labor Day weekend there was a serious problem of unauthorized vehicles at the beach. The village asked that the procedural information be published in LakeTalk.
Mrs. Peduzzi noted that there was a conflict between a recent letter to the village committee and the landscaping plan submitted by the committee. Following a brief discussion, Director Sheehan directed staff to meet with the village and develop a mutually agreeable plan to be resubmitted to the board in the near future for consideration.
Westwinds— Chairperson Carol Thames said that residents in the village are asking for lighting at the second entrance. She said that developer Tom Poss said that he would talk with the builders about contributing to that project. She said that the village committee had formed a lighting committee that would develop a plan and talk to Mr. Poss. LLA directors indicated that Mr. Poss should the primary contact on such a lighting project and encouraged her to start there. Director Dinkelacker said that LLA staff should look at other villages without good lighting now that budget discussions are on the schedule. Mr. Hembree said that staff was looking into the matter for next year’s budget.
Woodridge Tree Proposal— GM Hembree said that the developer and the village committee agreed to the proposal and that it mirrored the Aspen Tree Proposal approved earlier in the summer and was ready to move forward.
Woodridge Amenities Fees Split— because no one from the village committee was in attendance the board decided that it would wait to discuss the matter until the committee submitted a written proposal on the matter.
Aspen North Lot Owners Impacted Eaglehead Drive SWM Plan— GM Hembree said that grading change letters went out to all lot owners affected and that none of those property owners had as yet contacted him, though the deadline for comments was in early October. Land Stewards representative John Clarke said that flagging of trees had been done on the LLA property and that soon flags would go up on the extensions. Director Sheehan asked whether Lake Marian was adequate to take the run off from Aspen and Aspen North. Mr. Clarke said that he would ask their engineers to qualify that. Charlotte Dusold asked whether the easement on lots along Eaglehead Drive were 10-feet or six feet on lots. Director Sheehan said that the LLA needed to determine whether the easement is 10 feet or six feet. GM Hembree said that the LLA had always used a conservative approach on lots with two road borders. Facilities manager Kevin Oyler reminded everyone that the final phase on a SWM facility such as Lake Marian could be a year or two from now. He asked the board if the developer was obligated for any final cost or will the members have to bear the cost.
Frederick County Legislative Packet Response— GM Hembree said that he had submitted a letter to the BoCC in response to the request for input. He said the letter submitted a request that 100 percent of the SHUR funds for which the LLA is eligible be passed on to the LLA instead of the current 53 percent level. Charlotte Dusold said that the legislative package goes to public hearing in October and recommended that the board attend. The board asked staff to find out the date of the county meeting.
Aspen Tree MoU— GM Hembree said that he has a signed original copy of the MoU in hand now. Director Frazier asked about whether the letter of credit was sent to Bob Wilcox. Land Stewards rep John Clarke said that everyone was in agreement and that the credit would be posted by the next meeting.
Referendum Letter— the board had reviewed the letter and proxy prepared by LLA attorney Shelah Lynn. The board asked whether a site plan map would be included in the mailing. GM Hembree said yes.
LLA Staff Position Descriptions— this matter was tabled by the BoD until the October 4 meeting.
Proposal on Conflict of Interest Discussion— this matter was tabled by the BoD.
Woodridge/Woodcliff Court Roadway Correction Plat— GM Hembree said that the LLA would co-sign the plat, which the board would need to approve or not. He explained that the LLA owns all roads in Woodridge and that the cul de sac was extended into some of the lots owned by the Land Stewards. Director Sheehan asked whether lot owners had been notified of a change in common area usage. It was determined that the owner of lot 182 was the only owner that needed to be notified.
MOTION: Director Sheehan made a motion to accept the plan prepared by Harris Smariga & Associates for Land Stewards as it was submitted, subject to notification of low owner #182 about the change. Director Frazier seconded the motion.
VOTE: Four of the directors voted in favor of the motion. None of the directors voted against the motion. Two of the directors abstained from the vote. [Directors Rogers, Sheehan, Frazier and Twillman voted in favor of the motion. Directors DiLoreta and Dinkelacker abstained from the vote.]
Recording Vote for BoD Minutes— MOTION: Director Rogers made a motion that board minutes identify the votes of each individual director. Director DiLoreta seconded the motion. VOTE: Five of the directors voted in favor of the motion. None of the directors voted against the motion. [Directors Sheehan, Frazier, Twillman, Rogers and DiLoreta voted for the motion.]
Developer Report— John Clarke said that the Aspen/Audubon construction work would begin within the next 45 days and would be done in two phases, the clearing for the lots and then utilities and roads. He also reported that Land Stewards had decided that it would support the existing Aspen village covenant that requires home exteriors be 80 percent brick in its newer sections of the village.
Budget— Director Dinkelacker asked the board to set a date for a meeting to begin budget review and discussions. The BoD set the date for Tuesday, Oct. 26, as a special meeting to begin discussion. The meeting is open to the public.
Letter to Bob Wilcox re Audubon Terrace Townhouse project — GM Hembree reported that the letter was mailed.
Frederick County Planning Department Environmental Review for Eaglehead— GM Hembree said the review is a part of the development review process for the county. He said the state’s letter of Aug. 11 to the county basically left the process open-ended and that any problems as related to endangered species could always come up again.
Summary of Purpose for Proposed Covenant Amendment re: Westwinds Covenants & ECC— GM Hembree said that information created by LLA attorney Shelah Lynn had been sent to developer Tom Poss in May but no response had been received. He said that Westwinds residents have been communicating to LLA staff that they are upset that the village ECC was pursuing issues and matters that were not necessary. Director Twillman reminded the board that Mr. Poss would not have majority control of the ECC after another 45 days and that residents were interested in turning this process over to the LLA. GM Hembree said Mr. Poss had agreed in a prior meeting with the board to delineate the Westwinds ECC power and authority to the LLA per the LLA Covenants. Mr. Hembree asked if anyone on the board had read Ms. Lynn’s comments. Director Sheehan said that he had attempted to read the document, that it left him confused and sensing that it equivocated on the direction to take in the end. Gm Hembree said that he has asked Ms. Lynn to draft an amendment for the board to consider. Director Frazier that would be good because following receipt of the amendment language the board could conduct a public workshop on the mater.
Director Rogers made a motion to adjourn the meeting. Director DiLoreta seconded the motion. The meeting adjourned at 9:16 p.m.