MINUTES OF THE LAKE BARCROFT ASSOCIATION

BOARD OF DIRECTORS


July 9, 2008


The meeting of the Lake Barcroft Association (LBA) was called to order at 7:37 p.m. by President Cindy Waters at 6425 Lakeview Drive, Falls Church, Virginia. Those present were LBA Directors Cindy Waters, Stuart Feldstein, Kim Smith, David Goslin, Joel Gregorio, Kevin Howe, Steve Klein, Lisa Levine, Joe Pisciotta, Mark Cavich and Pete Walker. Board members Bill Herz and Jerry Mendenhall were not present.


Other guests included Water Safety Supervisor Kevin Hardy and lake resident George Waters.


The minutes of June 11, 2008 were approved.



OLD BUSINESS


CALENDAR REVIEW: The calendar was reviewed. The Newcomers Barge Party will be held on Sept. 6 at the Penland’s home on Waterway Drive.


JULY 4 UPDATE: Kevin updated the Board on the 4th of July fireworks, reporting that overall the fireworks were a great success. Kevin made two specific recommendations for next year: 1) No cake charges on the dock; and 2) Mortar rounds should be a maximum of three, not 10 as they were this year and in the past. Kevin also informed the Board that neither he, Walter Cate nor Bryant Snee want to lead the fireworks effort next year and advised the Board that it may be necessary to contract with Zambelli to shoot off the fireworks. Dave asked if there would still be resident volunteer opportunities if Zambelli took charge next year. Kevin thinks that there would be. Kevin also mentioned that the State of Virginia is moving toward requiring people to be certified pyro-technicians to shoot off fireworks. Joe asked what the estimated cost would be for Zambelli to fire off the fireworks. Stuart and Kevin both estimate $2000 - $2500. Kim asked if that would also mitigate the storage concerns that were an issue this year, and Kevin confirmed. Dave recommended that we obtain a proposal from Zambelli. Joe asked if multiple bids should be obtained. Kevin clarified that Zambelli is the only firm he would feel comfortable with as they know the community and they know the site. Kevin further stated that their primary competitor has been cited for multiple violations and have had numerous accidents.


Lisa stated that asking Zambelli for a proposal is not a reflection on the volunteers and, in fact, the volunteers should know that they have done a great job and are appreciated.


Action Item: Kevin will request Zambelli to submit a proposal to shoot the fireworks next year and will have the proposal by the end of October.




TRAFFIC COMMITTEE UPDATE: Cindy reported that she has concluded nominations for the Traffic Calming Task Force and requested the Board to ratify the nominations. Stuart then made a motion for the Board to vote on whether to recuse Kim Smith from voting on these nominees. He reminded the Board of Mr. Erikson’s complaint that she has a conflict of interest and would possibly unduly influence the Board’s decision. Stuart then reminded the Board that Kim’s bio submitted as a candidate for the Board clearly stated her position on the subject of traffic calming and that she was voted onto the Board with her position well known. He also informed the Board that there are six Board members who live within the Petition Area and that three of those households chose to sign the petition and three chose not to sign.


Kim then clarified that this motion is to exclude her from voting on the nominations, not recuse her. She then stated several reasons why she should not be excluded from the vote: 1) reading the exact language of her bio, she stated that she has been transparent on her position; 2) she provided both legal and business definitions of the term “Conflict of Interest,” and clarified that there is no legal basis rather that the business definition could be the only basis for such a consideration; 3) on the topic of objectivity, she then reminded the Board that two Board members, both of whom are against speed tables, did an outstanding job mediating the attempted negotiations between the proponents and opponents of Traffic Calming on Waterway Drive and that she would be equally capable of representing the community objectively on this topic; and, 4) on the topic of good faith negotiations, she reminded the Board that the opponents demands had increased during negotiations and was concerned about the implications of this matter.


A motion was made by Dave Goslin and seconded by Stuart Feldstein not to exclude Kim Smith from voting on membership of the Traffic Calming Task Force. Nine voted in favor, one opposed, Kim Smith abstained. The motion carried.


Cindy reminded the Board that the State and County guidelines recommend that the task force consist of 4-5 residents from the petition area, at least one of whom is opposed to traffic calming. She then identified her nominees for the Task Force, including Kevin Kampschroer, Donna James, Stephen Veroneau and Sam Rothman. Stuart Feldstein has agreed to serve as non-voting member of the Task Force; he will act as a liaison between the Task Force and the LBA Board. A motion was made by Dave Goslin and seconded by Stuart Feldstein to accept all four names to serve on the Traffic Calming Task Force. Kim asked if the Board could vote on each nominee individually rather than as a full slate. Stuart clarified that, once a motion is made, it can not be amended unless the person making the motion agrees to it. Dave declined to amend his motion. There was general discussion about parliamentary procedures. Kim stated that she did not believe that the community had been made aware of a deadline and that the Newsletter had not been delivered that long ago. Cindy indicated that between LakeLink and the newsletter that there had been ample time. Dave informed Kim that she could make a motion to delay the voting. Kim stated that she did not want to do so and trusted that the Board would make an informed decision.


Cindy called for the vote. Eight Board members voted aye, three voted nay. The motion carried. Cindy asked if Board members know anyone in the impacted area that might also serve. There was general discussion about the communities within the impacted area. Cindy stated that only one of the three communities in the impacted area has a HOA.


Action Item: Cindy will continue the effort to identify a resident in that portion of the impacted area that would be willing to serve on the Traffic Calming Task Force.


WATER SAFETY UPDATE: Kevin Hardy reported that the season has thus far been smooth and uneventful. He has been quite happy with the staff he has hired. Kevin also reported on the general make-up of his staff, including age, experience and wages.


Mr. Hardy then made a recommendation to upgrade the swimming area ropes. Because the expense is within the approved Capital Improvements budget, there is no further Board approval required. Stuart recommend that George McLennan and Joe get together to get the improvements completed.


Mr. Hardy also recommended that there be signs made to alert people to the risks of the play ground equipment. There was general discussion about the liability to the LBA concerning these risks.


Mr. Hardy also reported that alcohol is a big problem on the beaches and that residents are aware of the alcohol prohibition because they make attempts to discretely pour into plastic cups. There was general discussion concerning the rules and liabilities pertaining to alcohol on the beaches. Stuart recommended Kevin direct his lifeguards to contact him and that he should then contact either Stuart or Joe if there is a repeat offender.


Mr. Hardy informed the Board that there is concern about an individual, dressed in street clothes, on Beach 1 who stares at the children. He shows his beach tag so he is known to be a Lake Barcroft resident. Recently he was watching pre-schoolers for about 1 hour before actually approaching the kids. Lisa asked Mr. Hardy if he has talked with the police about how to approach or handle this individual. Joel recommended that Mr. Hardy approach this individual’s mother since he lives with her, just to determine if he has issues that we should be aware of. Cindy accepted the task of talking with the mother and the individual.


Mr. Hardy reported that there is also an individual near Beach 1 who swims in his underwear. There was general discussion about this topic. Cindy stated that she would speak with that individual.


Mr. Hardy reported on recent complaints of speeding motor boats. There was general discussion about lifeguard boats being well marked and easily identified. Mr. Hardy requested that he be notified if his lifeguards are speeding. Cindy mentioned that the WID has also been notified and reminded of the speeding issues and speed limits. Mr. Hardy recommends that the Geese Peace skids be properly marked as an LBA authorized boat.


Mr. Hardy reported that sand has been refreshed. He also reported that there has been Fire and Rescue training.


Mr. Hardy reported that there was a recent apparent “red tide” event up Tripps Run. The red tide consisted of red suds on the water surface of Tripps Run. HazMat was called and concluded that it was not a hydrocarbon substance. The HazMat officials believe that it may have come from the new car wash on Annandale Road. Because there was a significant rainfall of about 1.5” rain, which caused the dam to be open approximately 30%, the sudsy substance had been washed out of the lake.


Mr. Hardy reported that there is an ongoing civil case between Marian Cromley and Mr. Murphy (pertaining to the swimming accident during the summer of 2007.) He reported that the case will probably go to court, scheduled for August 12-13, at Fairfax County. Stuart recommended that Mr. Hardy advise the Board if there is any further contact from either of the attorneys involved in this matter.


Mr. Hardy reported that the Sleepy Hollow Recreation Association (SHRA) swimming club requested access to the lake on July 17 for their open water swim from Beach 3 to Beach 4. Joe stated that swimmers must wear bright orange caps. There was general discussion about the liability issues and that SHRA must be required to have an insurance binder.


Joe reported that one of the lifeguards has filed for workman’s compensation after falling from a skid and sustaining an injury during one of the beach clean-up tasks.


Action Item: 1) Joe will obtain insurance binder information from SHRA. 2) Cindy will talk with the mother of the male individual who stares at kids; 3) Cindy will address the individual who swims in his underwear; 4) Joe will send an email to Bill Herz to have the Geese Peace Boat marked.


BOAT REMOVAL DISCUSSION: This discussion was deferred until the next Board meeting.


Action Item: No action items reported.



COMMUNITY GARDEN UPDATE: Kevin reported that he and Bill Herz contacted Stephanie Perez, of Potterton Drive, who works for Dewberry and Davis, Inc., and who is a soil engineer. Kevin and Steve are meeting with her next week.


Action Item: Kevin and Steve will meet with Stephanie Perez to identify possible watershed concerns and to determine the necessary next steps.


OTHER OLD BUSINESS:

No other old business was discussed.



NEW BUSINESS


BEACH RULES COMMITTEE: No updates.


Action Item: Will be discussed at the next meeting.



SCHOOL TURF FIELDS: Cindy reported that Kaye Kory has talked with Penny Gross and it seems that the decision has been made to install the synthetic turf field at Bailey’s Elementary School instead of at JEB Stuart HS as was hoped. Kevin asked if there was any way to have Penny or the County change that decision to have the turf field installed at JEB Stuart. George Waters advised the board that a meeting was scheduled with Penny and could only speculate on the outcome or what the implications would be of further community input.

Action Items: No specific action items.



CAMPINGPROPOSAL: Kevin informed the Board that a resident has offered to camp out at Beach 5 to deter further vandalism. The Board discussed and, while appreciate the offer, declined.


Action Item: Kevin will inform the resident of the Board’s decision.



COMMITTEE REPORTS:


IMPROVEMENTS: Steve requested Lisa to report on the meeting she had last month with Cindy and George McLennan. Lisa reported that the belief was that since all of the known tasks are well known there doesn’t need to be a formalized plan. Kim inquired as a follow-up to last month’s meeting who had the specific responsibility to locate oak saplings for replacing dead trees on community property. There was general discussion on this topic.


Action Items: Steve will work with George to formalize a maintenance plan. Steve will also solidify the need for oak saplings.



SPECIAL EVENTS: Lisa reported that the Ice Cream Social was well attended and successful. She also reported that Janet Kerley has not decided whether she will lead this event next year. Lisa further reported that the Beach 5 party is planned for August 2. She has taken steps to obtain new signs for the event. Lisa also clarified for the Board that the Ice Cream Social band, Garret Green, was paid $200 but that the August Beach party will have a different band that is charging $600. Lisa has informed the Beach party organizers that there will be a $400 cap for the band at next year’s event.


Action Items: None reported.



WATER SAFETY/BEACH MAINTENANCE: No further update beyond Kevin Hardy’s report.


Action Items: None reported.


TREASURER’S REPORT: Cindy reported on Jerry’s behalf that there are no exceptional expenditures. The audit is ongoing and taking longer than anticipated. She also reported that the $6000 budgeted for the audit will be exceeded. The Auditor has found several mistakes in past years’ accounting and it is taking more time to correct. She also informed the Board that Jerry is recommending that an audit be completed annually. There was general discussion and a consensus that future audits will be completed every two years.


Action Items: None reported.



ARC: Kevin reported that the ARC has been very active with many project applications. Kevin reported on several issues: 1) Kevin informed the Board that he has sent two letters to residents on Lakeview Drive, informing them they did not make the necessary ARC applications for their tool shed and dock projects and, therefore, they are not in compliance with ARC. Kevin requested that LBA send the residents a certified letter directing them to cease and desist with their projects until they come into compliance with ARC. All were in favor of sending the certified letter. 2) Kevin informed the Board that he has received several complaints about a sinking pontoon boat belonging to a lakefront resident. There was general discussion about what should be done. Stuart clarified that, because there are no LBA rules or regulations governing dilapidated or sinking boats, there is not much that LBA can do. Cindy stated that because the resident has not paid his association fees or his boat fees for this year, she will call him to inform him that he will have to bring his association fees current and raise the boat. 3) Kevin informed the Board that a resident has both a boat and a Ski-doo in the front yard. Kevin requested that a certified letter be sent to the owners requesting that they remove both the boat and the ski-doo from the front yard. 4) Kevin reported that the ARC continues to receive objections to a resident’s house on Beachway. Kevin recommends that he be sent a certified letter. There was general discussion about the Board’s or ARC’s ability to intervene on household repairs and the consensus was that this is not an ARC issue.


Action Items: 1) Cindy will call the resident regarding his association fees, boat fees and sinking pontoon. 2) Kevin will email Chris Lawson with a letter to the Lakeview Drive resident which Chris will send certified on behalf of the LBA.



COMMUNITY WATCH: Pete said that off-duty police are patrolling the community properties. The beaches have been quiet. Steve inquired about the patrol intervals. Pete clarified that the off-duty police work 4 hour shifts on irregular schedule. Lisa reported a recent LakeLink posting informing the community of individuals ringing door bells at 4 a.m. and attempting to gain entry to homes. Pete reminded everyone that the off duty police patrol only community properties and any resident with security concerns should contact non-emergency police number. Steve reported that Beach 5 lights still are not working. Cindy recommended that Pete contact Dominion concerning the liability issue and ongoing vandalism.


Action Items: Pete will contact Dominion Electric to inform that the non-functioning lights at Beach 5 are contributing to security concerns and possibly enabling vandalism.



ENVIRONMENTAL QUALITY: No update was provided.

Action Items: None reported.



LEGAL: Stuart reported that there is nothing pending.

Action Items: None reported.



MEMBERSHIP: Joel reported that no payments were received in June. He also reported that the LBA membership otherwise has stayed steady: 1034 Members, 3 Non-Members, 1 partial payer and 4 outstanding transfers.


Action Items: Carried over from last month: Joel will discuss volunteer needs and opportunities with Ms. Miranda Thomas, LB Newcomer’s Club president, to avoid overlap between the LBA Membership Committee and the Newcomer’s Club Welcome Committee.



PUBLICATIONS: Mark reported that the new Photo Gallery is production. He is also obtaining proposals for color newsletters for August 2009 and January 2010. He also requested McCabes, the newsletter printer, to perform labeling at a cost of about $100/month. Cindy asked if the Newsletter is back on schedule, and if there is someone who can step in as a co-editor for Daphne when she is not available. Mark advised the Board that there is not. He also advised the Board that there is a significant lack of community involvement and he needs new blood to write stories and that an upcoming Newsletter article highlights the need for additional staff writers as well as a Photo Gallery manager.


Action Item: Mark will send a LakeLink email requesting volunteers.



OTHER BUSINESS


Joe advised that he would like to discuss Car tags and Boat tags along with Boat removal at the next Board meeting.


There was general discussion whether there will be a Board meeting in August.


Action Item: Cindy will advise the Board in the next couple of weeks whether there will be an August Board meeting.


Stuart motioned to adjourn. All agreed. The meeting was adjourned at 10:28 PM.



Respectfully submitted by:


Kimberly Smith

LBA Secretary