Board of Directors Meeting Minutes

CALL TO ORDER

The meeting was called to order at 7 p.m. at the LLA Coldstream Drive office.

Board members present were: Ken Allen, Bob Charles, Jay Decker, Jim DiMeglio, Brandon Frazier.

BoD Absent: Jim Cates, Stephen Hembree.

Staff in attendance: GM Edwards, CRM Gurley.

APPROVAL of July 17, 2006 BoD MINUTES

Minutes of the July 17, 2006 regular board meeting were approved with the following correction: page 2, under Finance Committee, seventh line should read “not very creative”… .

DEVELOPER’S REPORT

Director DiMeglio reported that paving in Aspen was underway and that Accipiter Drive would be completed within 10 days. He said that eight townhomes had been sold in Audubon Terrace section and that work continued to prepare for the Aspen IV section. He also noted that the preliminary plan review for the Aspen III section (near the Brosius Dam) was near. He said that in Aspen II a pump station was required and that the plan for this had been submitted. Mr. DiMeglio encouraged board members and residents to attend the September 12 Frederick County Planning Commission meeting where Land Stewards would be seeking approval of its Adequate Public Facilities Ordinance (APFO) text amendment. He said that if the amendment is approved many things will begin to happen and that if it did not get approved he wasn’t certain what would happen. He also said that Land Stewards was still working with the county Board of Education on the school construction agreement, which had been sent to an out of county lawyer for review. Mr. DiMeglio said that Land Stewards was working on a punch list related to Woodridge and that he was working on trying to figure out the mess of the Environmental Control Committee for that village, which would have to come before the board and staff sometime within the next two weeks. Staff was given the final documents, as recommended by the LLA attorney, on the Audubon governing documents< Mr. DiMeglio said. General manager Edwards said that the document was designed as a template for bringing into the association all future villages.

COMMITTEE REPORTS

• Environmental Control Committee— GM Edwards said that other ECC items were under separate agenda listings for discussion but noted that new home construction was slowing down in the community.

• Communications Committee— GM Edwards said that Comcast was running things at Adelphia Cable so he expected to be meeting with Comcast in the near future.

• Events Committee — CRM Gurley said that the Endless Summer Hop was being held the coming weekend and invited everyone to attend. She noted that Haunted Cabanas was to be held Oct. 28 in the Coldstream Pool cabanas.

• Finance Committee — Director/treasurer Charles reported that the variance in the July financial report was due to June cleanups of approximately $5,000, one was a lighting project that was behind schedule. He said that reserve study bids were expected in the fall. He also reported that he, board president Frazier and GM Edwards had met with a bank that specializes in working with home owner associations for a line of credit for the association. GM Edwards said that he also was reviewing software options with the bank for use by the LLA at a cost of $10,000. GM Edwards said the software could streamline all of the LLA services. Director Frazier noted that the sheriff deputy budget item was over budget though overall it was on target. GM Edwards said that would only be the case during the summer months. Director Frazier said that there was a surplus in the trails budget line and asked whether all $45,000 would be used. GM Edwards said the esplanade was the focus of work at the moment and that the funds would be used on the scheduled projects before the end of the fiscal year. Director Frazier said that expenses for playground repairs also were up and asked whether that was a seasonal fluctuation. GM Edwards said yes. Director Frazier also noted a loss on the sale of the 2000 Ford. GM Edwards said that was due to depreciation and that there was no negative equity and that the matter turned out better than he thought it would. Director Decker asked whether the Merrill Lynch interest rates on the reserve account funds could be better. GM Edwards said that the association was on budget for projections regarding interest rates.

• Trailblazers Committee — co-chairperson Cathie Reed said that the committee worked on Pinehurst trails during its monthly work party. She thanked LLA staff for getting rid of the big tree and pipes prior to the committee’s August work party. Mrs. Reed told the board that long-time committee member John Shuey had died and noted the time and location of a memorial service that was to be held for him. She explained that Mr. Shuey had been chairperson of the trail committee for many years, in addition to other committees he had served in the Eaglehead community and that he was always looking out for the community. Kathy Brown, another committee member, said that he also was involved in the Native Gardens project, as well as the fisheries restoration project initiated by the Friends of the Lake Committee. It was noted that the committee was discussing some kind of a memorial for Mr. Shuey.

• Community Youth Services Committee— GM Edwards said that an Eagle Scout in the community is interested in doing a boat rack project for Coldstream Beach.

VILLAGE REPORTS

•Aspen Village— village chairperson Kathy Brown complimented Land Stewards on newspaper ads she had seen about new homes in Aspen. She asked about Aspen ECC guidelines and what would happen to ensure that the same kind of problems that happened with new construction in Woodridge would not happen in Aspen new construction. Director DiMeglio said that the LLA governs the ECC in Aspen and noted that builders had been meeting on a regular basis with staff to review what needs to be done and that such meetings would continue. GM Edwards said that staff had a lot of input and builders were comfortable with the process. Director Decker asked whether money had been posted to address stoppage if necessary. GM Edwards said no and that spot lot builders were making changes as needed. He attributed that to a developer who is working with management to ensure that kind of process worked. Mrs. Brown asked how exterior colors of homes were to be addressed. GM Edwards said that after the next meeting with builders that he would get together with the village committee. Mr. DiMeglio said the spirit and intent is in place to get things worked out. Director Frazier said it needed to get done before building got underway. Director DiMeglio said that Land Stewards would do a complete plan. Director Frazier said that by covenants the LLA could require a bond and that staff should look into it. He asked for a staff recommendation by the next meeting. Director DiMeglio said that with two homes already starting in that section it should be addressed very soon. Director Frazier said that the whole package needed to be approved, as well as the required bond. Director DiMeglio said that there was no resistance from builders and that people to review the package were needed on the LLA end.

•Aspen North Village — GM Edwards reported that there was a meeting scheduled for Sept. 14 with the Board of County Commissioners (BoCC) to finalize rate and methodology on the Aspen North CDA. He told the directors that their support was needed at the meeting with the BoCC. Director Frazier asked when the LLA board would see the financial packet. GM Edwards said that within a week to 10 the LLA board should have the information.

•Audubon Condos— GM Edwards said that the quote to do the road work needed on Redtail Court was approximately $45,000, which included the work on the storm swales. He said the amount was less than he expected but that a title search on the road needed to be done because it was determined that Frank Ellis still owned Audubon Way due to liens on the roads. The GM said that Ellis still owned all the roads in Audubon North, too. As a result he was having a title search done on all of Westwinds roads. Director Frazier told the GM to have invoice drawn up for the last 15 years and ask Mr. Ellis to turn the roads over to the LLA or that the association would file its own lien. Charlotte Dusold, president of the Lake Linganore Conservation Society, said that the title search in Westwinds may show that the courts in that village are likely privately owned. It was noted that if a road has six home or less the county is not required to take ownership.

• Balmoral Village — village chairperson Brian Jacobs said that the school bus stop will not happen in that village so that youngsters did not have to walk up the hill from Meadowlake Road. The determination was that the loop in the road the bus would have to travel is too narrow. GM Edwards said that the association would look at other options to provide a safe route for the students.

• Meadows Village— GM Edwards reported that he had talked with village chairperson Jerry Dorsey about lighting for the village entrance. He said the plan was to move the entrance sign to the other side of the road, too.

• Pinehurst Village— GM Edwards said that Harris Smariga has the old plans for the pool site and that he has asked for a meeting with the county planning commission staff to request a change in the use of the land. He also said that the bus shelters that are consistently vandalized in the village are being removed.

OLD BUSINESS

Dredging Project Spoil Site Update— Director Charles thanked Land Stewards for its letter regarding the permanent spoil site and noted that it appeared that it was what the LLA needed to make the project a reality. Director Decker said that he had concerns that Lennar, the company that will build the active adult community near the spoil site, will nix the location. Director DiMeglio said that until there is a plan there are some weak points. Director Decker asked whether the conditions in the letter could be made a part of the purchase conditions for Lennar. Director Frazier asked whether Lennar could be a signatory of the letter regarding the spoil site. Director DiMeglio said that was possible. The question was asked whether any Forest Resource Ordinance (FRO) conditions would be placed on the Heritage Ridge section that would impact the dredge spoil site. LLCS secretary Larry Dusold said that Land Stewards could find a wooded area that it did not want to develop and designate that for the FRO requirement. Director Frazier said that he had a concern about one aspect of the conditions noted in the letter and asked all board members to get their concerns written and sent to him by the next week, all of which would be compiled and discussed with Land Stewards. Director Charles expressed thanks for Land Stewards quick response to getting the letter drafted and in to the LLA board.

Dredging Machine Purchase— Director Frazier noted that director Hembree had told board members that the dredge machine could be used for other purposes and asked GM Edwards what his feelings were on this. GM Edwards said that the association does not have a lot of need for such equipment at this time and that he had looked into whether it could be rented, which it can, for staff but not for individual home owner use. He said the because the association is getting ready to do the required repairs on the Lake Anita Louise dam and the nearby farm pond, the LLA does not have a real need for the pump. GM Edwards also noted that one of the home owners’ applications to Dept. of Natural Resources had been submitted and that everyone was brainstorming on where to put the silt that is removed during the pumping process. He said that it was questionable whether the geotubes used to capture the silt could be placed in the 100-year flood plain, in which most of the homes were located that wanted to remove the silt. Director Frazier instructed staff to keep the item on future agendas under “Old Business.”

Vacant Lot Assessment— the board approved a motion to table this item until November 6 meeting.

Pinehurst Amenity— GM Edwards asked the board to wait for any further discussion on the matter until after he has a meeting with county planning staff.

NEW BUSINESS

Westwinds Refund Request— Director Frazier reported that the remaining amount in the tot lot reserve account for the Westwinds tot lot did belong to the Westwinds HOA and that he believed the money should be returned to the HOA treasury as requested. MOTION: Director Frazier made a motion to return $1693.19 to the Westwinds HOA treasury. Director DiMeglio seconded the motion. VOTE: 5-0 in favor of the motion.

Judgments for Governing Document Violations—

• 6108 Twain Drive- violation: storing boat on side yard-continual. GM Edwards said the matter had been remedied at this time but still had to go through the process.

MOTION: Director Decker made a motion to close the case without a fine. Director Charles seconded the motion. VOTE: five directors voted in favor of the motion; none of the directors voted against the motion.

• 6558 Nyasa Bend- violation: storing trailer on side yard; fine $100.

MOTION: Director Charles made a motion to implement the fine. Director Allen seconded the motion. VOTE: five of the directors voted in favor of the motion; none of the directors voted against the motion.

• 6612 W. Lakeridge Road- violation: trash, debris, garbage left out- continual; fine $25. MOTION: Director Charles made a motion to implement the fine. Director Decker seconded the motion. VOTE: five of the directors voted in favor of the motion; none of the directors voted against the motion.

MATTERS FOR BOARD INFORMATION

• CDA Bid Opening Status Report— Director Frazier asked Lake Linganore Conservation Society president Charlotte Dusold to report on the bid opening. She said that at this time all she could say was that it was a successful bid opening, there were two bidders on the contracts for the Linganore CDA roads and storm water management and the county’s water and sewer project. She hoped to have something more to report at the next meeting.

RESIDENT FORUM

• Woodridge resident Dan Burke asked about the status of his resident complaint that was discussed at the last board meeting. Director Frazier said that he had asked Land Stewards and LLA staff to look into the matter and to make a recommendation. Mr. Burke pointed out a letter from Woodridge builder Beazer that was included in the information he sent to the board stated that the builder was approved to “violate the covenants.” Director DiMeglio said that ultimately the board has the authority in this matter and noted that the Woodridge ECC is only a set of guidelines not covenants and as guidelines they can be waived. He said Land Stewards is still in charge of the ECC in Woodridge and that the LLA was in charge of ECC for spot lot builders in that village and that every effort would be made to fix things administratively. Mr. Burke said the matters were covenants and that other violations are beginning and will continue to get worse. Director DiMeglio said that any covenant issues would be separated from ECC guideline items and that efforts were underway to fix things and to keep these same problems from reoccurring. He added that the matter would be brought before the board within the next three weeks.

• Coldstream resident Dottie Kurhmann said that she was disappointed that the CDA will not be starting right away and that she hopes something more positive can be reported in the near future.

• Audubon North resident Radmil Elkis introduced the idea of a commercial dog park for the community. He said it was a facility that would be useful to many residents and that many residents supported the idea. Director Frazier asked Mr. Elkis if he was buying land to develop the facility. Mr. Elkis said that finding land was being considered and said the twin barns site would be a good location for such a facility because of its accessibility but that he needed to know the level of support that the association would give the project. Director Frazier explained that the board had limited authority when it came to commercial projects. Director Charles said that if the goal was to get the LLA to buy the land for the project, he would not support such action. Charlotte Dusold told Mr. Elkis that a parcel of land on Old Barn Road was a possible site that he could pursue.

ADJOURNMENT

Director Decker made a motion to adjourn the meeting. Director Charles seconded the motion. The meeting was adjourned at 9:20 p.m.