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Minutes of the Lake Barcroft Association - Board of Directors

MAY 13, 2015

On May 13, 2015 the Board of Directors of LBA met at 7:30 at 6425 Lakeview Drive, Falls Church, Virginia.  Those present were LBA Directors Jim Kilbourne, Rick Aldrich, Andrew Casolini Dal Bo, Anne Cullather, Sarah Mattingly, Sara Withers Franco, Betsy Washington, Frank Phillippi, Bill Lecos, Shane Oleson and Pat Payne. Chris Lawson was also present.  Kevin Kampschroer and Todd West were absent. George Waters was also in attendance.   

The meeting was called to order at 7:35 by Jim Kilbourne, thanking Bill Lecos for chairing the April meeting in his absence.

The minutes from the April 8, 2015 meeting were reviewed and revised. Pat Payne made a motion to approve the minutes as revised; Shane seconded the motion, and the minutes were approved unanimously.

ARC Notice of Violation

Anastasiya Laufenberg addressed the Board regarding penalties the Board proposed to impose against her and her husband for making modifications made to their property at 6364 Lakeview Drive without obtaining the required ARC approval or County permits.  As instructed in the March 31, 2015 notice of violation letter from the Board, Anastasia and her husband submitted an additional application to ARC governing improvements not covered by prior after-the-fact applications.  Anastasia indicated they had submitted a building permit application and water quality assessment study to the County and are waiting for the County’s response.  Anastasiya confirmed they are not contesting the violation, but said they would be willing to pay a monetary penalty if the Board would issue them boat stickers and beach tags.

The Calendar 

The Board reviewed the calendar of events for the community and made several modifications.  A new event, a cardboard/duct tape boat race was scheduled for 8/7. Also, Sally offered to host a Board Pot Luck dinner, and will work with Jim on scheduling a date.

Land Use and Seven Corners Redevelopment update

Jim Kilbourne testified at the planning commission hearing on May 7, as did Bill Lecos and Sarah Mattingly.  They are reported that 15-16 witnesses testified at the hearing.  The Planning Commission agreed to keep the public comment period open until July 8th, when it is scheduled to vote on a recommendation regarding the Comprehensive Plan Amendment for the Seven Corners redevelopment.  The Board of Supervisors will then consider the matter at its July 28 meeting.  This revised schedule accommodates the request of the newly constituted Community Working Group (an ad hoc group of local neighborhood associations and interested individuals) to have additional time in which to provide comments to the Planning Commission on the current Plan Amendments recommendations for Opportunity Areas A and B.  Jim and Bill will discuss the Working Group’s proposed changes with the Board to determine if the Board wishes to support the changes.  Bill will also provide a briefing for the community on LakeLink.

Fairfax County Sewer Spill/Consent Order

Jim updated the board on the status of a proposed consent  order that has been negotiated between the State and Fairfax County related to two sewer spills downstream from the dam in 2013 that resulted in a fish kill and the four sewer spills in 2014 into and immediately upstream of Lake Barcroft.    The proposed order imposes a $27,000 fine against the county, of which $24,500 is for a remediation project to restock fish downstream from the lake.  At the request of LBA, the State extended the public comment period on the proposed consent from April 24th to May 28th.  Jim thanked Pat Payne and Kaye Kory for their assistance in obtaining the extension.

Jim said that he was working on comments to submit on behalf of LBA.  Those comments would include the fact that the charging document only included 3 of the 4 2014 sewer spills (omitting the April 30th spill that resulted in an overflow of 300,000 – 400,000 gallons of sewage into Holmes Run just above the lake. We also plan to object to the fact that procedures for notifying the affected public in future spills are to be developed after the order is finalized and thus are not subject to public comment and are not enforceable. 

Jim will brief the community on Lakelink and draft a letter to circulate to the Board that could be submitted during the comment period on behalf of LBA.

ARC Violations

With respect to the  proposal made by Anastasiya Laufenberg earlier in the evening, a motion was made to:

1)  Impose the maximum fine allowable ($900), and issue their beach tags and boat stickers if the fine was paid; and 2) ask her to co-author an educational article for the LBA newsletter regarding their experience.

The motion was seconded by Pat Payne and the Board voted unanimously to approve this resolution of the dispute.  The homeowner will be called and a follow-up letter will be sent.

ARC Guidelines

George Waters attended the meeting to raise an issue regarding proposed restrictions on dock sizes and it would impact the configuration of docks/boats in his cove.   The Board discussed adding a provision to the guidelines that would allow a homeowner to apply to the Board for approval of a dock that doesn’t meet the guidelines in the case of hardship.  Actual language will be proposed by Jim, Rick and Pat and circulated electronically to the Board.

Sarah Mattingly asked if ARC should add a provision that the Committee will take into consideration evidence provided by other homeowners.   After some discussion, it was determined the provision wasn’t needed.

A motion was made by Andrew Casolini Dal Bo to approve the April 4th draft of the Architectural Review Guidelines with the addition of a provision on docks that retains the existing size restrictions but allows homeowners to apply to the Board for a hardship exemption, for which language will be drafted by Jim, Rick and Pat and circulated electronically.  Shane seconded the motion, which passed by a vote of 9 Board members in favor and two abstaining.  Jim recognized Rick for his hard work on the ARC.

Legal

In accordance with LBA’s Bylaws and the Board’s policy to issue quit claim deeds to lakefront owners whose title does not show ownership of dredged spoils added to the lakefront sides of their properties, Pat Payne made a motion to authorize Jim Kilbourne to sign a quitclaim deed for the Aukofer property, which is up for sale.    Bill Lecos seconded the motion, which was approved unanimously by the Board.

Pat then led a discussion regarding VDOT right of way issues and boulders that have been placed in the right of way by homeowners to prevent parking. Pat noted that LBA has no authority to weigh in on this issue with property owners, and that the issue is best addressed between homeowners and VDOT.  Andrew recommended that LBA have a form letter to provide neighbors in response to inquiries that would refer them to VDOT.  Pat will also advise the community by posting a briefing on LakeLink.

The issue of a blighted property on Beachway Drive was deferred until the June meeting.

COMMITTEE REPORTS

Security – Sarah raised a question about Board response to issues raised on Lakelink in order to respond to community concerns.

Maintenance – The lifeguard stands on Beach 4 have been re-positioned. The cement slabs had deteriorated and the chair was leaning.  George also asked whether LBA could continue to shovel sidewalks in the winter over Potterton Bridge, and Pat indicated it would be ok to so as long as no damage happens that would incur liability to LBA.  Andrew reported that the Beach clean-up event went well and that Beaches will open Sunday.  The issues regarding Beach hours will be discussed at the June meeting.

ARC – Rick indicated the Committee had approved 3 applications.  Bill Lecos raised a question regarding whether 6322 Beachway LLC was making renovations without submitting an ARC application. The homeowners had taken down a garage and were pouring footers. The owners had submitted an application but it had not yet been approved.

Events – Sara Franco reported that Sand Day went will. She indicated that she had received an email from a group of civil engineering students at GWU requesting use of the lake for a concrete canoe race competition.  After some discussion it was noted that the LBA insurance carrier wouldn’t allow it and that we don’t permit outside groups to use the lake.  Sara also noted there was potential interest in a bee keeping club in the Lake community.

Communications – Shane reported that Marilyn Finley is the new editor.  Shane is still looking for a photographer.  Shane was working with the new consultants on the completion of the website and the contractor’s list.  A postcard will be mailed to the community regarding the new emergency notification system.

Environmental – Betsy reported that Earth Day was a big success.  Regarding Geese Peace, she is in discussions with Reinhart Lynch regarding use of his waterfront for the Geese Peace boat.  Pat developed the paperwork to support the arrangement.  Diane Weeks’ dog, Scout, is being trained for the program to replace Kelso, which is sick.  Betsy also mentioned that Holly Hazard has requested that LBA participate in a pilot program to control the growing deer population.  There is no cost to LBA and the board expressed general support for the initiative.  Betsy also indicated that the tree replacement program is ready to launch for the season.  She also mentioned that WID had found a second dead beaver near Shane’s property. Finally she indicated that the “Shout Community Service” program was scheduled for 6/1-6/12, providing 2 volunteers for 40 hours of work.

Treasurer’s Report – Jim presented the report in Todd’s absence. Receipts and expenditures are on target. 

Membership – Sarah Mattingly indicated that $250 was collected in transfer fees.  Of the 1045 lots in the community, 1018 have paid their dues; 27 remain unpaid.  47 certified letters were mailed on 4/1/15.

The meeting adjourned at 10:40.
Respectfully Submitted by Anne Cullather, Secretary