Lake Linganore
Association, Inc.
January 17,
2005
The meeting was called to order at 7 p.m. at the LLA Coldstream Drive office.
Board members present: Alan Dinkelacker, Brandon Frazier, Grant Sheehan, Duane Schestag.
Absent: Bill DiLoreta, Lisa Rogers, Andrew Twillman.
Staff in attendance: GM Edwards, CRM Gurley.
The minutes were approved as written.
Westwinds Covenant Amendment Update— Director Frazier asked GM Edwards when the matter would be completed and said that within the ongoing correspondence he did not see agreement taking place on the powers of the Westwinds ECC (WECC). GM Edwards said that matter was biggest sticking point in the discussion. Resident John Snow, a Westwinds resident, said that there are two groups in the village who see the matter differently from each other, one is a group of residents who have lived in the village since the 1990s and is made up of mostly older couples, while the other is made up of residents who are fairly new to the village and are young couples with children. Mr. Snow said that current developer Tom Poss is being pressured by the “older” group who want the original concept of the village to be enforced by Poss. He also said that it likely could come down to legal action within the village. LLA president Dinkelacker expressed interest in having the board meet with the newer residents to discuss the matter. GM Edwards asked whether the LLA alone is suppose to bear the legal costs of this matter. Mr. Snow said it would be a good idea for the LLA to share that financial information with the Westwinds HOA. GM Edwards said that since October the LLA had spent $3,000 on the legal review of the amendment. Director Dinkelacker asked the other board members their sentiments on continuing the discussion with Mr. Poss’ legal counsel on the covenant amendment. Director Sheehan expressed concern that it was an exercise in futility. Director Frazier said he felt that some progress had been made and was hesitant to stop the legal review at this time. Director Schestag said that the board should allow the LLA legal counsel to continue the review with Poss’ legal counsel and continue to a reasonable point. GM Edwards said he would continue in the discussions and that as long as reasonable progress was being made the LLA would continue in the effort. Director Dinkelacker agreed but noted that he did not feel good about what the Westwinds HOA does and does not want the LLA to do in this matter and again expressed interest in meeting with the newer residents to discuss the issue. GM Edwards said it might be possible to have a vote on the matter within the village and settle it that way.
Westwinds Tree Removal Re: Lots 397 & 398— GM Edwards said that he was told by Westwinds project manager Brian Lippy that a report or letter explaining the trees that were removed would not be submitted and that the document he had given to the LLA was all that would be submitted. Mr. Edwards said he did not believe that Millennium Development would submit anything more because to do so would basically be an admission of wrongdoing. Director Frazier said that the board had a replanting schedule and essentially a before and after site plan and asked whether the developer had essentially met the requirement the board was looking for. He asked if the intent of the board was to impose procedure on the matter, did this meet the criteria? Director Frazier also said that the plan showed something consistent with the neighborhood but that if the board did not feel that it met the criteria then the developer should be notified. Director Schestag asked whether a written procedure was in place that could be shared with spot lot builders and developers on the matter of tree removal on lots. The question was raised as to whether or not a procedure had to be developed by LLA staff and submitted to builders and developers or whether an MOU was necessary to achieve the general goal on tree removal. The board directed staff to develop a written procedure (phase by phase) for tree removal.
MOTION: Director Sheehan made a motion to submit a letter to Millennium Development Group stating that the LLA board of directors acknowledges that the applicant failed to submit a proper application for tree removal on Westwinds lots 397 & 398 and is therefore responding to the applicant’s tree replanting plan for those lots, and as such has reviewed and accepted the applicant’s tree reparation/replanting plan, and as a result will remove the stop work order previously placed on the lots. In addition the letter is to state that in a separate letter the LLA will, in the near future, forward to Millennium Development Group all information regarding tree removal guidelines within the Eaglehead Planned Unit Development (PUD). Director Frazier seconded the motion.
VOTE: Three directors voted in favor of the motion and none of the directors voted against the motion.
Woodridge Lot #161 Easement— GM Edwards reported that the language in the easement had been rewritten to clarify that the LLA did not have responsibility to maintain the water quality device noted in the easement. The final draft of the easement was due to the LLA within the next two weeks. The board decided to table the matter until the final document came back to the association. In addition, director Frazier said he wanted information that clarified the legal relationships between the entities (former and current developer entities) listed on the signature page.
Covenant Revision Draft— LLA attorney Shelah Lynn had sent back comments on the first draft of the proposed revisions and director Dinkelacker said that at some point the board would ask for comments from members and then sometime in the near future the board would conduct a vote on the matter. Director Sheehan said that Ms. Lynn’s recommendation was that the recently approved conflict of interest policy would be better if included in the LLA bylaws and not as a covenant. Director Frazier asked about a covenant regarding dogs on leashes. Director Sheehan said that the LLA has no way to enforce it and therefore did not include it as one of the proposed revision items.
Westwinds Townhouse Site Visit— GM Edwards submitted a memo to the board stating that LLA staff had visited the site and made certain observations. The memo noted that project manager “Brian Lippy dropped off a set of initial plans for this section that included existing trees and forest conservation areas. During our visit we videotaped and took still pictures of the entire area to show the existing features. What we observed did not necessarily match up with the plans that were given.”
Woodridge Playground Plan Information— GM Edwards submitted a full packet of information regarding four options for the Woodridge playground. Director Frazier asked whether staff could make a recommendation based on the number of houses the playground will serve. GM Edwards said the Westwinds model should be used and that maintenance department considerations should be noted. He also said that he thought the board should wait until the county’s next grant cycle before proceeding with the playground project because that way more money would be available for Woodridge trails. Director Schestag asked that staff have the demographics available for the board at the next meeting.
ECC Notice re: Pinehurst Lot #411— The board had been given a copy of correspondence to the lot owner regarding condition/appearance of the property.
Sheriff Letter Re: Vehicle Request— GM Edwards said the response from the county sheriff’s office was hopeful that it could provide the LLA request for a four-wheel drive vehicle for the deputies to use in the winter time while on duty in Eaglehead but was non-committal.
Conflict of Interest Information from BoD— two more directors— William DiLoreta and Brandon Frazier— submitted for the files letters regarding matters of conflict of interest.
Stop Work Order on Coldstream Lot #50— GM Edwards said that the builder had since submitted the proper paper work.
Community Support Specialist— GM Edwards said that the new staff person had started and that the job would be primarily doing covenant enforcement. Director Sheehan asked whether this position would allow another staff person to assist the LLCS in acquiring the needed easements for the CDA project. GM Edwards said that he wanted the board to consider other options for that project because he did not believe that current LLA staff had the time to do the work. He suggested bringing a student onboard, educating that person about the CDA project and having them make the calls to follow up on the needed easements. LLCS secretary Larry Dusold reminded the board that the CDA is a project of the LLA, not the LLCS and that his organization’s role is strictly financial though it has attempted to accomplish other aspects, as well. He said the LLA staff is technically the LLCS staff according to the agreement signed by the LLA board of directors. After some discussion directors Sheehan and Frazier offered to make the phone calls to the property owners and said they would come by the office to get the information they needed from AGM Seligson.
Director Schestag explained that if the CDA does not get implemented that the LLA would have to take on the cost of fixing the roads. He said that cost alone should encourage the board to provide the needed staff assistance to the LLCS. Director Dinkelacker said that the LLA board has made it clear for a long time that someone on staff would be available to work on the CDA project. GM Edwards asked if that included a staff person who would oversee the construction project. Mr. Dusold said that the LLA would have to coordinate between the community and construction contractors and that the LLCS would be hiring a construction management team. Director Frazier said the LLA would need someone to assist the membership with any problems and thought the board should budget a person for this responsibility.
• Resident John Shuey reported that a 50-foot section of the lake trail near the Brosius Dam had dropped significantly due to recent severe rains in the area.
• LLA Election Committee member John Snow explained that the full board needed to vote for several proxies that were assigned to the board from the January 15 referendum on the Meadows pumping station vote.
MOTION: Director Frazier made a motion to vote the proxies in favor of the proposal. Director Sheehan seconded the motion.
VOTE: Three
directors voted to approve the motion, none of the directors voted against the
motion.
Mr. Snow turned in a report on the vote results for the referendum (attached to minutes).
ADJOURNMENT
Director Frazier made a motion to adjourn the meeting. Director Sheehan seconded the motion. The meeting was adjourned at 9:33 p.m.
Respectfully submitted,
Clay Edwards Andrew Twillman
LLA General Manager LLA Secretary