November 12, 2008

The meeting of the Lake Barcroft Association (LBA) was called to order at 7:36 p.m. by President Cindy Waters at 6425 Lakeview Drive, Falls Church, Virginia. Those present were LBA Directors Cindy Waters, Dave Goslin, Stuart Feldstein, Jerry Mendenhall, Joel Gregorio, Steve Klein, Mark Cavich, Joe Pisciotta, Kevin Howe, Bill Herz and Kim Smith. Board member Lisa Levine was not present. Also in attendance were Lake residents George Erikson and Sofia Midkiff.

The minutes of October 8, 2008 were reviewed. The attendance was corrected to show that Bill Herz was in attendance at the October meeting and that Stuart Feldstein was absent. Mr. Erikson requested that any written report, such as the Traffic Committee report, submitted to the Board for discussion during a monthly meeting should also be attached to that month’s minutes as an exhibit to that meeting. Cindy stated that the Board would take his recommendation under advisement. The minutes were accepted as amended.


CALENDAR REVIEW: The calendar was reviewed.

BEACH RULES COMMITTEE: Dave Goslin reported that he has submitted his draft to those on the Committee, including Joe, Lisa, Steve and Pete. Kim requested that, because Pete Walker is no longer on the Board, the Rules be forward to her for review.
Action Items: Dave will forward the draft revised Beach Rules to Kim.

BOAT AUCTION DISCUSSION: Joe reported that he is ready to go. Stuart reported that he has two boats that either must be claimed or removed. Stuart also reviewed that he had put a notification on the LakeLink. He has attempted to notify the apparent owners, but no response in one case and in the case of the second boat the apparent owner clarified that it was in fact not their boat. Cindy recommended that there be another notification on LakeLink regarding the Auction date.
Action Items: Kevin will meet Stuart to cut the chains on the boats that will be moved to the auction storage site. Kevin and Joe will post another notification on LakeLink about the boat auction on Saturday, Nov 15.

FUTURES COMMITTEE: Jerry reported the Committee met last evening. They are reviewing a draft of the article that will run in the upcoming newsletter. The discussions are a work in progress. Two things to note: 1) it will take about a month longer than anticipated and the Committee will be ready in early spring; and, 2) recommend a delay on the LBA survey.

Dave noted that the Board packets contain a copy of his draft survey, which is an amalgam of the 1995 survey and new questions. He also noted that Lisa and Jerry contributed to the questions, particularly those pertaining to the Futures Committee. Dave also stated that he obtained a cost estimate of approximately $2,000 for the layout and analysis of the survey. That cost does not including mailing. Dave noted that Cindy suggested the survey be included in the January mailing of the dues. The survey layout will be completed in December. Stuart motioned to approve the cost for the survey layout as well as moving forward with mailing and subsequent processing of the survey. Steve seconded the motion. There was general discussion that the survey should be included in the same envelope as the January dues mailing. Mark asked if it was possible to make it mandatory to return completed surveys. There was consensus that the survey can not be mandatory. Joel asked about the merits of the 1995 survey. Dave responded with specific examples: a marina was not wanted by the community, but lake maintenance and security were highly important. Dave reviewed several other items in the 1995 survey. LakeLink was established as a result of the 1995 survey. Bill asked if it wouldn’t be more cost effective to have a hybrid approach to making the survey available so that it would include both electronic and paper. Kim added that the vast majority of the community is “online” even if they do not subscribe to LakeLink. Dave responded that it would be too cumbersome to have both a paper version and an online version of the survey. All voted in favor of continuing with the survey.
Action Items: All Board members should review and comment on the draft survey questions prior to the December meeting.

TRAFFIC CALMING TASK FORCE: Stuart reminded the Board that the Task Force is holding a community meeting on Monday, November 17, at the Mason District Government Center. The purpose of the meeting is to present their findings and to solicit comments from the community.

Mr. Erikson requested that he be included in the distribution of the Board’s meeting minutes. He will put his request in writing to the Board. Mr. Erikson also informed the Board that he believes that the traffic report is in error regarding the statement that the Board does not have oversight of the Task Force. Mr. Erikson stated that he also believes there to be an error in the newsletter in that Penny Gross’s office did not appoint the Task Force, according to both Penny Gross’s office as well as Mr. Steve Knutson at the Fairfax County Department of Transportation. Mr. Erikson believes that the Task Force is subject to FOIA, and he believes that the Task Force is in violation of that Virginia Code; therefore, they are not in compliance with the Virginia Code. He also believes the Task Force is in violation of the Lake Barcroft bylaws, which require community-based meetings to be open to all members. Mr. Erikson intends to raise these issues at the upcoming community traffic task force meeting on Monday, November 17. His purpose is to inform the Task Force members of their non-compliance as well as his belief that the Task Force is overstepping their purpose. Mr. Erikson also has more information on the Dearborn speed-hump and speed-table. He believes that they were installed in error because that effort did not follow the proper process. Mr. Erikson asked the Board to look into this matter and determine if there may be any recourse. Cindy asked Mr. Erikson to provide an email detailing his findings. Mr. Erikson then reviewed his understanding of arterial and collector roads. Waterway and Lakeview are collector roads, whereas Sleepy Hollow is an arterial road.

Joe asked the status of the “stripe” on Crosswoods Road that seems to indicate that a stop sign may be planned. Kim clarified that there was an apparent error and the painted stripe should have been painted on Barger.
Action Items: None reported.

NOMINATING COMMITTEE: Stuart reported that the nominating committee has identified 6 people to run for Board positions in the 2009 elections. In addition to the three Board members who are planning to run for re-nomination, including Stuart, Cindy and Joel, the following people have agreed to run for the Board: Aras Butas, Eva Kosztarab, Sally Determan, Greg Kinzelman, Warren Russell and Robert Finley.
Action Items: None reported.


No other old business was reported or discussed.


LBA Mission Statement Discussion: Cindy reported that there is not an LBA mission statement and that the Futures Committee recommended having one. Cindy read their draft statement. Dave stated that he does not believe that LBA should have a mission statement. Jerry stated that the purpose of a mission statement is to provide guidance and a clear path to newly formed organizations. Cindy said that the by-laws set forth how the LBA should function. Joel stated that the head of an organization “at the time it is formed” may have a mission statement, but that it is primarily for that organization’s goals. There was general discussion whether, after more than 50 years in existence, LBA needs a mission statement, or whether the existing by-laws are sufficient.
Action Item: Cindy will research whether other HMOs have mission statements.

Home Businesses: Stuart introduced Sofia Midkiff, a community member who was present during the early part of the meeting but had to leave. Sofia had established a Lake Barcroft Small Businesses Newsletter that she had posted on LakeLink. Stuart reported that “home-based small businesses in Lake Barcroft” is a topic that is periodically raised. The issue is that the covenants, though possibly outdated, prohibit home businesses, except physicians. Stuart stated that case law shows that others have sued their HMOs successfully for not acting on closing down a home business. Stuart has taken the position that residents should not advertise on LakeLink and should not advertise in the Newsletter. Stuart stated that it is possible, but legally difficult, to get the covenants changed. Dave added that there has been at least one instance in which a resident proposed to open a day-care center, who was denied by the then Board. Bill asked how a “business” is defined. Stuart clarified the difference between performing work at home when one has an office elsewhere versus having an office at home but not elsewhere, particularly where there are clients coming to that home office. Steve asked specifically about Realtors who have an office elsewhere, but work from home. Stuart offered his opinion that if someone has an office, there should be no problem with working at home. Kim stated county codes already cover parking and commercial trucks. Mark stated his opinion that the covenants are outdated. Jerry concurred with Mark and recommended that the covenants be updated. Kevin reported that the county defines in detail the number of cars and the number of occupants per household. Kevin also stated that he cautions changes to the covenants. Mr. Erikson concurred with Kevin, but he also suggested it may be worth looking into defining terms. There was general discussion about the definition of a “business.” Stuart summarized that we should continue to keep residents from advertising in the newsletter.
Action: Stuart will continue informing residents who “advertise” on LakeLink. Mark and Chris Lawson will no longer allow residents to advertise in the Newsletter. Stuart will also get further information from the law firm on retainer.

No other new business was discussed.



IMPROVEMENTS: Steve reported that he has advertised on LakeLink the opening to fill George McLennan’s position. Steve also reported that there is a $5,000 County grant pending. Kim reviewed the proposed budget for the Butterfly Garden, which would be partially paid for by the county’s grant. She explained that the project cost for the Butterfly Garden would be approximately $16,000, but that with anticipated volunteer contributions, volunteer labor and the county grant, the LBA cost is projected to be approximately $7,500. Dave motioned to approve the project and plan proposed by Kim Smith for the portion of the Community Garden known as the Butterfly Garden, approximately 4200 square feet adjacent to Holmes Run, including a budget of approximately $16,000, of which $5,000 will be paid by a grant from Fairfax County, approximately $3,500 is expected to be contributed by WID and up to $7,500 will be paid for by LBA asset replacement or new assets funds.. Stuart seconded the motion. Joe stated that he is opposed to renovating the Butterfly Garden portion of the Community Garden and recommended that the money be put toward the pond which is the main capital expenditure. Bill stated that he believes that with the current state of the economy we should not plan for community contributions. Stuart stated that there is not an option to renovating the Community Garden. Nine directors voted in favor of approving the budget for the Butterfly Garden renovation while one vote against it and one abstained.

Steve reported that there was a meeting on Tuesday, November 11, at the Community Garden with Lois Fernandez. Steve reviewed that Mr. Fernandez has proposed installing a concrete pond that may be a lower cost alternative. Jerry noted that there seemed to be at least 3 separate groups working toward separate solutions and recommended that there be one person in charge of this project. There was general discussion and agreement on that statement.
Action Items: None reported.

Action Items: None reported.

WATER SAFETY/BEACH MAINTENANCE: Joe reported that he has informed Kevin Hardy that he needs to come to a decision as to whether he will accept the lifeguard supervisor position for next year.
Action Items: Joe will report to the Board next month on his discussions with Mr. Hardy.

Jerry reported that he made some modifications to the budgets, including recommending that the Environmental handbook be deferred for another year. He also noted that the Water Safety budget has increased by about 50% over the past 3 years. Jerry asked that Steve review the proposed modifications to Improvements budget as soon as possible. Jerry also noted that the budget for the Fireworks is another topic that needs to be decided upon. Jerry asked if, by having Zambelli conduct the fireworks, whether we need to have insurance. The consensus is that Zambelli’s insurance would not cover injuries to observers and neither would LBA’s general liability.

Stuart recalled that there was a $40k deficit for this CY, and that, as of end of October, we are showing a $15,000 surplus. The end of year projection is that there will be a small surplus, possibly around $5,000 surplus. Stuart asked when it will be necessary to inform the community that there will be a dues increase in 2010. Jerry recommended that the community be informed during the February 2009 meeting.

Jerry reported that the audit has been completed. In general the audit was positive, except that the LBA has not properly recorded capital assets. Jerry recommended that we have another audit next year, but he will impress upon the accountant that quicker turn around will be expected. Stuart inquired about the cost of this year’s audit. Jerry responded that the cost of the audit was $4,700.
Action Item: Steve will review the revised Improvements Committee budget.

ARC: Kevin reported there were no new issues.
Action Item: None reported.

COMMUNITY WATCH: Kim reported.
Action Items: None reported.

Action Items: No actions reported.

Action Items: None reported.

MEMBERSHIP: Joel read his report updating the Board on receipts. Kim suggested that the Membership Committee could proactively contact members when they move into the community. Cindy stated that she and Joel have discussed this.
Action Items: None reported.

PUBLICATIONS: Mark reported that the newsletter was increased by 4 pages to accommodate the increased advertising space. Joel reported that the photo contest has ended and there have been several very good submissions.
Action Items: None reported.


The meeting was adjourned at 10:25 PM. Next Board meeting is December 10.

Respectfully submitted by,

Kimberly Smith
LBA Secretary