NEWBERRY STATION HOMEOWNERS ASSOCIATION

BOARD OF DIRECTORS MEETING

December 5, 2007

 

 

I. Call to Order

 

A. The meeting was called to order at 7:05 pm

 

B. Roster

 

Board Attendees         Kevin Brugman

                                    Brandon Farlander

Michael Miller

Robert Schaefer

 

Management               Ms. Unrath, Community Manager

                                    Representatives of the Pool Contractor (Winkler)

 

                                                 

C.  The November minutes were accepted as submitted (pending any e-mail reviews).  Mr. Miller moved to accept the minutes. Ms. Schaefer seconded. Passed unanimously. 

 

II.  Open Forum

 

1.   Adjacent to 6919 Hamilton Court, a trash can remains in the open the entire week, never retrieved by its owner.  The question is whether or not the Management Agent may confiscate the trash can under that circumstance or otherwise resolve the issue.  (Action for Ms. Unrath)

 

2.  Are trampolines permitted (and what in the A&E regulations exactly prohibits residents from having them in their yards)?  Cardinal Management has invoked the following general prohibition in citing a resident for having a trampoline —

 

“You may NOT carry out any noxious or offensive trade or activity on any lot or within any dwelling.  You may NOT do anything on any lot or within any dwelling which may be or become an annoyance or nuisance to the neighbor­hood or other members.”

 

      Mr. Carey (who as a former member of the A&EC had first cited the owner for having a trampoline) stated that the trampolines are actually barred by another general prohibition —

 

“Except as otherwise provided in this document, NO structure of a tempo­rary character, and no trailer, tent, shack, barn, pen, kennel, run, stable, out­door clothes dryer, shed or other buildings shall be erected, used or maintained on any lot at any time.”

 

Mr. Brugman invited the resident who objected to having to remove a trampoline to request a waiver.

 

A related issue is whether the Board has a responsibility (or would otherwise find it advisable) to notify renters of violations of A&E regulations along with actual owners (or their agents).  This will be considered by the Board at a later meeting.

 

III.  Old Business

 

A.  Firelanes.  Mr. Brugman summarized progress in resolving this matter.

·         The Fire Marshall has granted the HOA an extension through the end of December for bringing our community into compliance with the Fire Code (and will extend it another month if necessary upon evidence that the HOA is working with Department of Public Works and Environmental Services to make the necessary changes in the roadways).

·         The Board has in hand a quotation from Community Association Engineering to prepare a traffic plan for consideration by the Department of Public Works and Environmental Services that would bring Newberry Station into compliance by making streets with parallel parking ONE WAY.

·         One of our residents has distributed fliers and sent a mailing in opposition of the Board’s strategy for resolving this matter.  Ms. Unrath for the record stated that Cardinal Management has not sent out any mailings to residents on the fire lanes issue nor will send any mailings without approval of the Board.

 

      Mr. Brugman opened the floor for Q&As.  Among others —

·         How will the firelanes be enforced?  In addition to the new road signs, the HOA will notify by letter the entire community of the new traffic patterns — warning residents that in the event of a traffic accident, judgment would go against the person who violated the signs.  (Note — at the prior months meeting, it was also pointed out that the HOA can authorize the Fairfax County police to enforce compliance with the signs).

·         Are you sure that the residents at large agree that the HOA’s approach is preferable, in terms of impact on quality of life, to keeping the streets two-way and barring parallel parking?  On behalf of the Board, Mr. Schaefer invited any and all residents who believe the Board is on the wrong track to contact Ms. Unrath and register their dissent.  He strongly advanced the Board’s conclusion that the majority of owners would rather preserve the forty odd parking spaces that would otherwise be lost; but stressed that the Board has no opposition whatsoever to bowing to the wishes of the majority of owners should the Board be proven wrong in its understanding their wishes.

 

 

B.  A&E Regulations.

 

1.   Mr. Miller reported that no action was taken last month on revising the Regulations in the prior month

 

2.   The Board did consider that matter of trampolines further. Mr. Miller moved that Ms. Unrath request an opinion from the Board’s attorney on the Board’s liability should it approve trampolines and an injury ensues to a user. Mr. Schaefer seconded, and the Board unanimously approved the motion.

 

      The Board invites residents at large to weigh into the question of whether or not trampolines should be permitted (by contacting Ms. Unrath with their opinions)

 

III.  New Business

 

1.   Towing — Ms. Unrath recommended that the Board authorize the towing company to sticker commercial vehicles and vehicles with expired tags, for towing 48 hours after being stickered if the vehicles continue to be parked in violation of the community’s parking regulations.

 

      Robert Schaefer moved to so authorize the towing companies, with the proviso that the towing companies also be strongly reminded of the HOA’s intent on having any vehicle towed which has at least one wheel in a fire lane.  Mr. Miller seconded the motion, which passed unanimously.

 

2.  Vandalism at the clubhouse.  Mr. Miller informed the Board that he had solicited a quotation from Baldino’s for four motion sensitive DVR cameras to protect the clubhouse and pool.  Ms. Unrath will solicit at lease one additional quotation.  At Mr. Schaefer’s request, Ms. Unrath will also solicit quotations to raise the fence to twelve feet from its current height.  Finally, Ms. Unrath will also ask the attorney for an opinion on the HOA’s liability for having cameras in operation should an injury occur in the pool area. 

 

IV.  Reports From Officers

 

Mr. Brugman reported that he had repaired one of the clubhouse buildings and replaced all the locks.  He also reviewed the web site for another quarter.

 

No other officers had anything to report.

 

V.  Contracts

 

1.   Mr. Miller moved approval of the proposed contract with Community Association Engineering for a parking plan and a reserve replacement  study.  Mr. Schaefer seconded.

 

      The Parking Plan is for a fixed fee of $5,250 and includes follow-up with the County to insure proper routing of the plan and receipt by the appropriate agencies.

 

      The Reserve Replacement Study is for fixed fee of $3,750 (less $350 if we also award the parking plan study).  HOA’s are required to perform such a study every five years.

 

      The motion was called and passed unanimously.

 

2.  Mr. Miller presented the Board with a draft RFP for landscaping services; the RFP would establish a performance-based contract centered on a Quality Assurance Surveillance Plan.   Mr. Miller requested that copies be posted on the HOA web site for community review and asked that both Board members and the community submit comments on the plan by December 21st.    He also asked Ms. Unrath to make the draft available for comment to the companies that have submitted bids (stressing that our interest is in comments, not submission of prices or proposals at this time).

 

3.   Ms. Unrath  reported that Wilcoxon was unwilling to estimate the cost of whitecoating the pool because they are a subcontractor to Winkler for that purpose.  Mr. Miller asked Ms. Unrath to let Wilcoxon know that (a) Winkler is no longer under contract to the HOA and that (b) we will no longer bundle winterization and whitecoating with our pool management contracts and that therefore we would appreciate Wilcoxon’s estimate of the cost of whitecoating.

 

VII.  Budget

 

      Ms. Unrath submitted a final draft budget for consideration by the Board.  The Budget contemplates total expenditures of $236,304, revenues other than monthly assessments of $4,800 (late fees, interest income, pool fees, clubhouse rentals, and misc), and monthly assessment revenue of $231,504. 

 

      This entails a new monthly assessment of $106 per unit.

 

      The need for more revenue is based in part on (a) spending $22,392 for tree pruning and spraying (a new line item necessitated by the aging of our trees and an analysis of their condition); (b) the costs already mentioned above for bringing our roadways into compliance with the Fire Codes, (c) an increase of round about $3,000 in the price of the pool management contract expected as the consequence of our plans to require more experienced, college age lifeguards, and (d) the additional costs associated with protecting the clubhouse from further vandalism (expected to be round about $5,000 for this coming year only).

 

      Mr. Brugman moved acceptance of the budget; Mr. Schaefer seconded

 

VIII. Recess

 

Upon a motion by Mr. Farlander, seconded by Mr. Miller, and passed by acclamation, the Board adjourned the regular monthly meeting and entered into Executive Session.