December 13, 2000

The meeting of the Lake Barcroft Association (LBA) was called to order at 7:35 PM by President David Feld at 6425 Lakeview Drive, Falls Church, Virginia. Those present were LBA Directors David Feld, George Waters, Bob Schreiber, Karol Forsberg, Nan Brent, George McLennan, Therese St. Hilaire, Bob Foster, Ken Leventhal, Ralph Smalley, Bill Lowenthal and Mac Canter. Also present were Improvements Committee Chairman, Ernie Rauth, and WID Operations Manager, Stu Finley. Lake residents Dick LeGault, Egon Weck and Alan McCall also attended.

Agenda items were discussed and additions were made.

The minutes were approved as presented.

PARCEL A: Dick LeGault raised the issue of the land from Parcel A that is going to be transferred to the Lake Barcroft Foundation and raised questioned who would be the beneficiaries of the restrictive covenants on this land. George Waters discussed the status of meeting that took place between Mac Canter, George Waters, the LeGault's and the O'Malleys. Waters explained that the Foundation and the four abutting lot owners on Jay Miller Drive are the designated beneficiaries of the 25-foot conservation easement. These parties would have the right to enforce the covenant should future LBA Boards decide to do something with the land. LeGault (and on behalf of abutting resident Frank O'Malley) asked that the beneficiary rights also be extended to the lower parcel, A-2, the parking lot. The tree save conservation easement, which would be part of the deeds to the new lots, would not allow development and would jointly name the WID and the surrounding neighbors as the beneficiaries. Canter stated that the actual beneficiaries include all of the Lake residents, since it becomes part of the community. The Board agreed to the following: The WID, the individual contiguous property owners, as well as all Lake Barcroft owners, will be named as the beneficiaries of the tree save conservation covenant and Parcel A-2.

George McLennan raised the question of responsibility for maintenance of the acreage transferred to the Foundation, whether what "improvements" to maintain it in a viable natural state would be allowed. These should be defined as "reasonable and necessary" and should be obvious to, for example, a professional arborist, according to Bob Schreiber. Ernie Rauth expressed concern over development within the 25-foot easement and requested that the covenant language covered the restriction of tree houses, sheds, etc. The Parcel A ad hoc committee will revert to the Board with the suggested language at its next meeting.


2001 BUDGET DISCUSSIONS: Karol Forsberg discussed the revised draft budget she had prepared. $2,000 as a WID reimbursement for lake cleanup will be added to receipts and the budget will be adjusted accordingly. Under Water Quality, Lake Cleanup will become a new category. Bob Foster discussed beach improvements. $4,250 will be spent out of the 2000 budget for Capital Improvements. Ken Leventhal questioned beach phone costs. It was agreed that an increase in the capital improvements category should cover this expense in the upcoming year.

David Feld and Bob Schreiber discussed justifications of the Environmental Quality Committee's proposed expenses. Therese St. Hilaire discussed the Publications budget and the desire to publish a new telephone directory, maintain the website and issue a special 50th anniversary Newsletter. Also discussed was the increase to $15,000 of the Publications budget and inclusion of some environmental quality publication costs. Mac Canter made a motion to approve the budget as amended. It was seconded and carried unanimously. The Board thanked Forsberg for her efforts.



PROBLEM ON PINETREE TERRACE: Bob Schreiber discussed violations to various County ordinances and to the LBA Covenants and asked the Board to support the Woodrow Wilson Action Group's (WWAG) efforts to get the County to correct various problems, both within and around Lake Barcroft. Schreiber introduced Egon Weck and Alan McCall who discussed two Barcroft problem homes on Blair Road and Pinetree Terrace. Feld asked the guests to work with the Innovative Concepts Committee on this issue. Ken Leventhal suggested contacting the owner where tenants are living to make sure she is aware of the present situation and caution her not to rent to similar tenants.


RISK MANAGEMENT AUDIT: Karol Forsberg requested George McLennan to discuss his contact with Austin Consulting Group of Colorado to perform a risk management audit. McLennan explained that the procedure would involve our filling out a questionnaire that the Austin Consulting would provide us by mail, and then they would give us an analysis. They would also go through a competitive bidding process involving insurance bids, i.e. they would receive and evaluate bids and rank them for us. Their fee to perform these services would be $3,500. Forsberg added that this group was highly recommended by the Reston community. The second company was an insurance group, Insurance Buyers Counsel of Columbia, Maryland, which has had the Fairfax County school system as a client. Their fee was quoted at between $1,500 and $2,000 to perform a risk management audit. Forsberg added that this proposal did not include evaluating our current insurance policies.

Ken Leventhal questioned whether a site visit would be done or not by the Austin group. George McLennan expressed his concern in wanting to make sure that LBA had enough insurance and adequate coverage for our needs. Chris LaChance noted that our present liability insurance meets the minimum coverage for our needs. Bob Schreiber suggested that any evaluation should include an expert to actually walk the area to examine and evaluate our situation. A motion to contract with Austin for $3,500 to provide risk audit, bid specification and evaluation was not accepted.

It was agreed to have at least three outside insurance companies supply the Board with quotes. Mac Canter suggested an RFP should be performed. Ralph Smalley and Karol Forsberg will look into getting insurance brokers to give free reviews of our situation and estimates of insurance needs and costs. Further discussion was tabled until next month.


WID REPORT: Stu Finley discussed the Potterton bridge situation. His information from VDOT indicated that bids might go out in January and construction might begin in April or May, with estimated completion by September 2001. The WID is working to coordinate plans and funding for the debris diverter. Finley noted the problem of the shed at the edge of the lake at 3510 Pinetree Terrace, which the ARC has been concerned with for several months. Although the County has done nothing, there is concern over other lakefront property owners doing the same thing. Finley discussed the possibility that the shed may be in violation of the easement in the original Lake Barcroft deeds. Mac Canter stated that, if the shed is in violation, a letter should be sent threatening a lawsuit if it is not voluntarily removed. Then outside counsel would have to be hired to pursue remedies on behalf of the community. This was adopted as a motion and passed unanimously.


IMPROVEMENTS: Ernie Rauth reported leaves throughout the community have been cleaned up three times to date. Lumber has been ordered for additional boat racks at Beach 3 and Beach 5. New bulletin boards will be constructed, and tables for Beach 1 are here and being assembled. Ernie thanked Board for the "Rauth's Lane" signs that have now been placed at the Community Garden in appreciation of his hard work for the Association.

Ken Leventhal asked for clarification re what the Thurgood Marshall Scholarship funds could be used for? Also whether it was clear in the annual dues billing form that contributions might be made to the Lake Barcroft Foundation that would not be part of the Scholarship Fund. Ralph Smalley stated that he did not have a problem clarifying this topic in billing form. It was agreed to change the form to allow a designation between the Foundation and the Scholarship. Mac Canter agreed to work with LaChance on this revision.


LETTER FROM GINGER HAYES: David Feld suggested putting this topic on the agenda for the February general meeting. LaChance suggested including a survey in with the annual mailing. Ralph will work on this. He will also prepare a notice for the Newsletter requesting community input concerning possible changes in the LBA Bylaws.


WATER SAFETY & BEACH MAINTENANCE: Bob Foster reported that an article on boats currently without appropriate stickers or identification will be in the November Newsletter noting that such boats will be removed by January 15th.


NOMINATING COMMITTEE: George Waters discussed the nominating committee's responsibility and stated who would be going off of the Board. {Schreiber, Lowenthal, Leventhal). He added that he was chairing the committee, that Bill Lowenthal was the co-chair and that Mike Spivey and Therese St. Hilaire have agreed to serve on the committee.


SECURITY WATCH: George McLennan reported that the Police conducted a security audit (safety and security task force) and that this was being reviewed by him and Jack Hyde. When completed, he will supply the Board with the analysis and recommendations. He was pleased to report that Officer Brown did not find anything wrong within the community.

Ken Leventhal reminded the Board again about the dangers of the ice on the lake. Mac Canter suggested a throw rope instead of a reach pole could be placed at the various beaches. A motion to purchase such ropes for up to $750 from the 2000 budget was passed.

David Feld informed the Board that pictures from the 50th Anniversary Gala were on the LBA website and thanked George McLennan for his efforts on the website and the page devoted to the Gala.


MEMBERSHIP: Bill Lownethal gave his membership report. David Feld raised a question about non-members who chose not to join because of conerns of being legally liable if a suit was ever brought against the Lake, and Mac Canter stated that non-members could be more exposed because they weren't covered by the Lake's insurance.


SPECIAL EVENTS: David Feld commended Ken Leventhal on organizing the Gala. One resident wants to do a time capsule, an oral history project has been suggested, with a videotape. A resident teenager is interested in possibly doing this. Leventhal was able to negotiate with the hotel to reduce the bill for the Gala by $400 and, consequently, we just about broke even. Therese St. Hilaire suggested that someone in the community should think of special events for the Lake on a continuing basis.


PARCEL A UPDATE: George Waters reported on a letter he received from Mark Morgan's attorney, Tina Sharvet , including the waiver statement that will go to everyone in Section 3. He added that a letter from the Board will need to be added.

Waters briefly discussed the debris diverter funding that he had promoted from the Federal government through Rep. Tom Davis. He is now attempting to get the funds made directly available to the WID to avoid complications with the Potterton bridge construction.


The LBA Board meeting was adjourned at 10:31 PM.


Respectfully submitted by,

Chris LaChance, Lake Manager
Bob Schreiber, Secretary