Lake Linganore
Association, Inc.
September 18, 2006
The meeting was called to order at 7 p.m. at the LLA Coldstream Drive office.
Board members present were: Jim Cates, Jay Decker, Jim DiMeglio, Brandon Frazier, and Stephen Hembree.
BoD Absent: Ken Allen, Robert Charles.
Staff in attendance: GM Edwards, AGM Seligson, CRM Gurley.
Minutes of the August 21, 2006 regular board meeting were approved as written.
DEVELOPER’S REPORT
Director DiMeglio reported that much of his report would be the same as the past month’s regarding Audubon North townhome section and the Aspen project. He said that Woodridge resident Dan Burke’s concerns regarding the Woodridge ECC was addressed through some research that he was able to piece together. Director Hembree explained that the LLA board established the Woodridge ECC by marrying that village’s ECC to the LLA ECC guidelines. Mr. DiMeglio noted those guidelines were amended by Land Stewards in 2003. He said that Land Stewards reviewed the plans of builders Craftmark and Beazer and that those plans conformed to the amended guidelines. He said that Mr. Wilcox of Land Stewards did review the plans but did not produce documentation. Director DiMeglio said that the rule of thumb is that if the ECC does not respond within a specific timeframe the submitted plans become automatically approved and that it is assumed that Mr. Wilcox used that framework to handle the approvals. Mr. DiMeglio said that the listing that was submitted by Mr. Burke in July referred to covenant violations but that only a few of the complaints on the list were actual covenant violations and that the bulk of the complaints were related to ECC guidelines. He said that items that diverted from the ECC Guidelines were waived. The two items that are related to covenants are the lamp posts and service yards.
Director DiMeglio said that with regard to service yards that there is a provision in the covenants that deals with this by requiring builders to build two car garages (400 sq. ft.) that also provide the needed storage space (100 sq. ft.). The bigger of the two issues is the lamp post, he said, adding that the covenants do give some latitude on the location of the post. Due to a recent change, ECC Guidelines now require the lamps to be dusk to dawn. Director DiMeglio said that he spoke with the builders and that they are willing to retrofit the posts with a dusk to dawn switch. He said that Land Stewards would coordinate the work between builders and homeowners. Director Frazier asked if director DiMeglio would give a written report at the next board on this matter. Director DiMeglio said that he would and that he also wanted something in writing from the LLA that assures the houses did generally comply with ECC guidelines so that in three years on one can bring up additional complaints. Director Hembree said that where the light is positioned is important. He said that a list of selection sheets should be submitted to place in the ECC files of each home so that there is a record of what is in compliance and was approved. Director Frazier said a digital photo also could be used to document what was approved. Director Decker noted that the original intention of the LLA ECC to have lamp posts close to the street was good for the streetscape and safety of the residents.
•Environmental Control Committee — AGM Seligson said that the committee was receiving the usual number of applications, including three applications for new homes in the past month. He said soon the number of applications would begin to slow down. He also noted that the committee would be returning to its regular meeting schedule, which would be twice a month on the Thursdays following board meetings.
•Events Committee — CRM Gurley said that volunteers to decorate the Haunted Cabanas were desperately needed otherwise it could jeopardize whether or not the event is held.
• Trailblazers Committee— CRM Gurley reported for the committee co-chairs. She said the committee had cleared and cleaned-up the path in Westwinds from Ben’s Branch walking bridge to the houses. At this time no decision had been made regarding a memorial to John Shuey. The committee did express concerns regard the trail area in Meadows behind Meadowpoint Terrace down to Indian Cave. They also asked about the status of the esplanade repairs. GM Edwards said that the esplanade repairs should be completed within 30 days. He noted a delay in the process because information from a certified engineer needed to be obtained. Meadows Village Committee chairperson Jerry Dorsey said that new mulch was needed at Fox Chase Court area of the trail.
• Aspen North Village — Aspen North CDA Committee chairperson MJ Minton reported that the final hearing on the CDA went well and the county commissioners passed the CDA rate and methodology by a vote of 4 to 1 in favor, with the condition that the special tax would be paid off if the current owner sold the property. She said the application to create a 501c3 for the CDA was still with the IRS but that the group did not expect any problems on this front. She said that an engineering report was needed for MuniFinancial, as well as for other costs to keep the CDA process moving forward. She said all work was at a stop until the LLA directors provided a new budget for the CDA committee. She thought $20,000 would satisfy needs at this time. GM Edwards said that a budget not to exceed $20,000 would be satisfactory. Director Frazier said that the line of credit that the LLA seeks will meet LLA terms.
MOTION: Director Decker made a motion to approve a not-to-exceed $20,000 short-term budget for the Aspen North CDA Committee. Director Hembree seconded the motion. Amendment: to be repaid to the LLA as the first order of business upon the sale of the bonds. Discussion: Director Hembree asked where the $20,000 would come from. GM Edwards said that the operating accounts of the LLA are under budget and the funds could come from there. Director Decker asked how long it was before the LLA was reimbursed for expenses upon sale of the bonds for the Linganore CDA. Director Hembree said the LLA was reimbursed immediately. VOTE: four directors voted in favor of the motion as amended; none of the directors voted against the motion.
•Audubon Condos — Director Frazier asked what had been determined about the ownership of the roads in the condo section. GM Edwards said that it was confirmed that the roads are still owned by Frank Ellis but that a lien had been placed on the property as a result of a judgment against Mr. Ellis. He added that the LLA is waiting for a title search to be completed on several roads throughout the PUD.
•Balmoral Village — Committee chairperson Brian Jacobs said the village would be having a meeting soon. He noted speeding on village roads was an issue among residents.
•Meadows Village— Village committee chairperson Jerry Dorsey thanked LLA staff for the new entrance sign in its new location. He said the village will be talking about Indian Cave in upcoming meetings, that county animal control office would be attending an upcoming meeting, and that talks were ongoing with the GM about a pathway to the mailboxes in that village. He also noted speeding and trash as issues that concern the residents of his village.
OLD BUSINESS
Dredging Project Update— this item is to be kept on the agenda until details of the agreement with Land Stewards are worked out regarding the spoil site and until a decision is made about purchasing the small dredging machine for use by individual home owners in the Pinehurst village. Director Frazier noted that director Charles was to keep working on the letter between Land Stewards and the association regarding LLA permission to use the site. He said that he had asked for feedback from the directors on the letter and had only received some comments from director Decker. Director DiMeglio said that the letter would have to be between Land Stewards and the LLA and that Lennar would not be a signatory to the letter at this time.
MOTION: Director Hembree made a motion to table any further discussion or action on the matter until the October 16 board meeting. Director Cates seconded the motion. VOTE: five of the directors voted in favor of the motion; none of the directors voted against the motion.
Small Dredging Machine— GM Edwards said that he had recently met with Mr. Don Archibald, one of the Pinehurst homeowners who have made application to the state to use a small dredging machine to clear a section of the lakefront for his boats, etc. The GM said that if the property seeking application to remove the silt is not in the 100-year flood plain the homeowner does not need to seek permission from the state if the homeowner is moving less than 5000 square-ft. of silt. Even so, the state has asked to see Mr. Archibald’s plan. Director Frazier asked about the location of the silt to be placed on the lot. AGM Seligson said that the ECC’s involvement in this matter is a new one for the committee that further research and discussion was needed in order to establish criteria guidelines for this matter. Director Frazier said that the LLA assumed that matters related to this small dredging would be guided by the Maryland Department of the Environment during the permitting process but it now seemed that the LLA was on its own. GM Edwards expressed concern that the dredge machine being considered is too small for the job. Director Frazier asked for an update on the Archibald application at the Oct. 16 meeting, as well as progress by the ECC on development of criteria. He said he was interested in the specification on the machine and the aesthetics of a retaining wall being used to contain the silt deposits on the Archibald lot.
CDA Update— Director Frazier said that on August 17, two bids were received for the Linganore CDA and that each bid was being analyzed. He said there are many challenges facing the CDA and that he could not go into detail at this time. He did note that the low bid exceeded the monies in the CDA fund. Director Frazier said that he wanted to create a special committee comprised of engineers, bankers, LLA members, and LLA board members to look over some of the issues and come up with options that would justify which direction the association should move. He said the board would go into executive session immediately after the regular meeting to discuss some of the issues.
MOTION: Director DiMeglio made the
following motion— The LLA board shall create a special committee to review and
discuss matters related to the Villages ob Lake Linganore CDA and advise the
Board on upcoming decisions. The
committee shall be chaired by the president and consist of two or more LLA
board members, finance, engineering and/or other professionals, LLA resident
laypersons and others as may be appointed by the president and the committee
shall expire on December 15, 2006, unless extended by the LLA board of directors.
Director Hembree seconded the motion. Discussion:
Director Hembree asked for the motion to be amended to make the committee an ad
hoc committee without a deadline.
Director Frazier said he wanted a definite deadline so that those
serving on the committee could be assured that it would not go on
indefinitely. He also asked that the
motion be amended to state that committee membership “would not exceed 10
people as appointed by the president.”
Director DiMeglio agreed to amend the motion as stated. VOTE: five of the directors voted in favor of the
motion; none of the directors voted against the motion.
Director
Frazier asked for volunteers to serve on the special CDA committee and the
following individuals agreed to do so: Stephen Hembree, Jay Decker, John
Allemang, Jerry Dorsey and TJ Frazier.
Director Frazier noted that LLA member, former LLA board member and
engineer Duane Schestag would also be a member of the special committee.
Resident Sue Corbin said that the former board president told her that the LLA had nothing to do with the CDA and she wanted to know what policy change altered the role of the association. Director Frazier said that the Lake Linganore Conservation Society (LLCS) is the administrator of the CDA project and that it owns the improvements until the bonds were paid. He said the project involved LLA roads and that the CDA is an LLA issue and that he expected everyone to tackle the matter together. He added that the “backup plan” was a lot more expensive, for everyone.
NEW BUSINESS
Meet the Candidates— CRM Gurley recommended that the board hold its candidate event from 1 p.m. to 4 p.m. on Sunday, October 15. She said the board could hold the event at the LLA office area as an outdoor event but that she had contacted Deer Crossing Elementary School to check on availability. After some discussion about football schedules and whether a weekday evening would be better, the board agreed to hold the event on Oct. 15 and asked that DCES be secured as the location.
Judgments Regarding Governing Document Violations—
•
6724 Meadowlawn Circle— Violation:
removed tree from private property and dumped large logs onto LLA property. AGM
Seligson noted that the act of cutting down the tree was witnessed.
MOTION:
Director Decker made a motion to assess the fine of $250. Director Hembree seconded the motion. VOTE:
four directors voted in favor of the motion; one of the directors voted against
the motion.
•
6574 Hemlock Point Road— Violation:
unkempt yard. AGM Seligson reviewed the photos and background material on the
case with the directors.
MOTION: Director Cates made a motion to assess the fine of $100. Director Decker seconded the motion. VOTE: five of the directors voted in favor of the motion; none of the directors voted against the motion.
RESIDENT FORUM
•
Coldstream resident TJ Frazier told the board that he was concerned about
security issues in the area of his home, noting an increase in petty
crimes. He said he sees security going
through the neighborhood but never in time to do anything effective about the
criminal activity. He said he was
willing to help the association do something about the matter but that he did
not know what to do. GM Edwards told
Mr. Frazier that LLA management and LLA security officers were working very
closely with the county sheriff’s office on the activity that had been
occurring. He said that he would be making recommendations to the board about
security matters in time to have things implemented for next summer. He said
most of the criminal activity was being perpetrated by teenagers and that part of
his goal was to make parents accountable for the actions of their
children. It was suggested that Mr.
Frazier look into a neighborhood watch program and to get residents of
Coldstream to band together to address some of the criminal activity. Mr. Frazier also was directed to work
through AGM Seligson to get the neighborhood watch established.
•
Meadows resident Jerry Dorsey said his village had the same concerns because a
lot of people had valuables stolen from vehicles.
ADJOURNMENT
Director Decker made a motion to adjourn the meeting. Director Cates seconded the motion. The regular meeting was adjourned at 9:10 p.m.