MINUTES OF 16 FEBRUARY MEETING
MAYFAIR OF MCLEAN ASSOCIATION BOARD
Call to order
The meeting was called to order by the President at 10:03am. It was noted that the meeting notice had been sent to all homeowners via e-mail on February 10, with the agenda and a notation that homeowners are permitted to attend the open sessions.
The following homeowners were present at the meeting:
· Bruce Louiselle, President
· Judy Williams, Vice President and Landscape Representative
· Russel Jones, Secretary
· John Hayward, Board Member
· Mark Friedlander
· Ronald Taylor
Appointment of Legal Advisor
It was moved and seconded that the Board accept the offer of Mark Friedlander to serve as advisor to the Board on legal matters on a pro bono basis. Motion carried unanimously.
It was noted that Edmund Walton has offered to assist Mr. Friedlander in an informal capacity, also pro bono.
Design Review Guidelines
It was noted that a draft update of the Design Review Guidelines had been drafted by Jon Roop, chair of the Design Review Committee, at the request of the Board.
The draft guidelines were distributed to all homeowners via e-mail from the President on January 27, with a request that any comments be submitted prior to the next meeting of the Board. Comments were received from Carol King, Barbara Cosgriff, and John and Amy Kresse. Ron Taylor provided additional comments in person at the meeting.
The President made revisions to the draft guidelines in response to all suggestions. The Board reviewed the comments from John and Amy Kresse point-by-point, and noted that the President’s revisions to the draft had appropriately addressed each point. The Board reviewed revisions proposed by the President, then made additional revisions to the sections on windows, on gutters, and on unacceptable submissions.
It was moved and seconded that the Board approve the revised guidelines as finalized during this meeting. Motion carried unanimously. The revised guidelines are to be posted on the Association web site, and the President will send an e-mail to all homeowners calling their attention to their availability.
In response to a question, legal advisor Mark Friedlander noted that enforcement of the guidelines is covered in section 55-515 of the Code of Virginia. (For the provisions, see http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+55-515)
Should the Association Bylaws be revised?
As noted on the agenda, a discussion was held on whether the bylaws of the Association should be amended to be in conformance with the Virginia Property Association Act (“POAA”). After discussion, it was moved and seconded to ask the legal advisor, Mark Friedlander, to draft a revision of the bylaws with this intent for Board consideration. Motion carried unanimously.
It was noted that amendment of the bylaws must be approved by a majority vote of the Board of Directors, then by a majority vote of the members of the Association.
Executive session
It was moved and seconded that the Board go into Executive session to discuss a formal complaint filed by John R. Kresse & Amy H. Kresse on 27 January 2013. Motion carried unanimously. The Board requested its legal advisor to remain for the executive session, but excused the other non-Board member from the meeting.
At the end of detailed discussion of the Kresse complaint, it was moved and seconded to return to the open session of the Board meeting. Motion carried unanimously.
Kresse complaint
As the Board resumed its open session, the President reported that in the executive session the Board had discussed the January 27 formal complain of John R. Kresse & Amy H. Kresse with the legal advisor. The complaint requested the following relief:
The Board must:
A. Immediately produce to us for inspection and copying the Requested Records not
included in the Disclosed Records, including:
a. the minute book (as described above);
b. all Landscaping Committee correspondence, memoranda, and other records not
previously produced;
c. all Design Review Committee correspondence, memoranda, and other records not
previously produced;
d. all Board correspondence, memoranda, minutes, resolutions, agenda packets, and
meeting notices.
B. Immediately begin collecting and maintaining in a central location all records of the
Board, Landscaping Committee, and Design Review Committee so that the Board can
meet its obligation to produce records requested by members upon five days written
notice as required by the POAA.
With respect to section A, the Board concluded that all available documents have been provided to the Kresses. With respect to section B, the Board concluded that it was not practical to assemble all Association documents in one physical location, but that in compliance with the POAA, records appropriately requested by homeowners would continue to be provided from records kept by various officers. It was moved and seconded that these conclusions be formally adopted by the Board, and that they be transmitted to the Kresses by the President. Motion carried unanimously.
The legal advisor, Mark Friedlander was requested to provide a letter on his perspective on the complaint, to be appended to the response to the complaint sent by the President.
At 12:35pm, it was moved, seconded, and carried unanimously that the meeting of the Board be adjourned.
MINUTES OF 10 AUGUST 2013 MEETING
MAYFAIR OF MCLEAN ASSOCIATION BOARD
Call to order
The meeting was called to order by the President at 10:03am. It was noted that the meeting notice had been sent to all homeowners via e-mail on August 1st, with the agenda and a notation that homeowners are permitted to attend the open sessions.
The following home
owners were present at the meeting:
· Bruce Louiselle, President
· Judy Williams, Vice President and Landscape Representative
· Russel Jones, Secretary
· John Hayward, Board Member
· Richard C. Martinez, Board Member
· John Kresse
· Robert T. Marlow
Review of financial status
President Louiselle provided a review of year-to-date financial results. The 2013 approved total budget is $63,600. To date $28,569 has been expended, leaving $35,031 to cover expenses for the remainder of the year. In accordance with the financial regulations, any balance remaining at the end of the year will be transferred to the reserve account.
The President also reviewed an updated cash flow analysis of anticipated maintenance through 2031, projected to be covered by the reserve account.
Review of proposed maintenance work
President Louiselle noted that at the December 2012 meeting of the Homeowners Association he had telegraphed the expectation that significant major maintenance work would be needed in the near future due to the aging of the development, and that the regular budget for 2013 did not include such work.
President Bruce Louiselle and Vice President Judy Williams have spent several months determining the maintenance needs in three areas: sidewalk repair, timber wall replacement, and drainage work. The following list is the result of that extensive review.
I. SIDEWALK REPAIR
The sidewalks were installed in part by the two developers of Mayfair of McLean. The first developer did a better job of preparing a proper base (upper end of the street) whereas the second did not (lower end). Consequently, most of the needed repair relates to the sidewalks near and around the end of the street. However, there are areas throughout the property that need attention. This is a safety issue as the settling process has resulted in “trip zones” that must be fixed. Two potential contractors inspected the sidewalks (all of which are in the areas delineated as common area) and two bids were received. One was for $17,000 (the contractor would only submit a formal bid if the estimate was acceptable) and the other was for $10,750. The latter was from O’Reilly Masonry and was accepted by the Board. O’Reilly Masonry does all the brick work for McLean Professional Park, an all brick (buildings, sidewalks, and walls) office complex in McLean.
II. RETAINING WALL REPAIR
The timber wall behind 2043 and 2045 Mayfair of McLean Court has disintegrated and is a safety hazard. In addition there is a serious drainage issue in that area. Various estimates were received using alternative materials (timbers, stacked stone, and precast concrete blocks). The most cost effective was to replace the existing timbers. The new wall will be a little higher and the path of egress a little wider to make it safer in case of emergency and to provide easier access for service people. In connection with this reconstruction, re-grading and other drainage improvements pertaining to lots 2043-2047 will be performed. The estimated cost from Area Landscaping is $15,390. Area Landscaping has done a lot of work for the Association and has routinely been the low bidder.
III. DRAINAGE ISSUES
As some may recall, approximately eighteen months ago a presentation was made at an Annual Meeting delineating the many drainage issues affecting all areas of the property were discussed with the membership. At the last meeting, it was pointed out that the drainage problems concerning the area adjacent to 2053 created a safety hazard on the sidewalk along Westmoreland. That has been rectified. Yet to be cured are other drainage problems that affect the integrity of the exterior brick walls and or create on-going maintenance issues.
A. KIRBY ROAD WALL
This wall, extending the length of the property, is starting to list towards Kirby Road. The drainage engineer told us this is due to drainage from the adjacent homes and that the continued integrity of the wall necessitates redirecting that water away from the wall. Various solutions were discussed and it was decided to construct a trough made of pavers to direct the water to each end with the west side flowing to Kirby Road and the east side flowing to the containment area (where no boating, swimming, or fishing is allowed). Two bids were received, one for $17,000 and the other, from Area Landscaping for $11,910 was accepted.
B. KIRBY ROAD INSIDE CORNER
In order to slow the flow of water exiting to Kirby Road and stop the on-going erosion it will be necessary to add stone and plantings to the north west corner. The cost, from Area is $1,860.
C. REAR OF 2011-2019
The common area behind 2011-2019 serves as the drainage area for Westmoreland Square and Autumn Chase. Some years ago a drainage pipe and river rock was installed to direct the water away from the above listed properties. Since then our neighboring developments have re-directed more water to that area and the drainage area is in need of refurbishment and enhancement . In addition the only ingress to these properties is over the river rock which is a safety issue. To rectify that, flat walking stones will be installed (as was done behind 2053). Area Landscaping has provided a bid of $10,185 to perform this work.
D. ABOVE LOWER MAILBOX AREA
The water flow behind 2016 is continually washing out the sodded area above the lower mailbox area. To fix this, the water needs to be channeled and will be accomplished by constructing a trough made of pavers. The cost from Area for this is $1,520.
E. INSIDE WESTMORELAND WALL 2020-2034
The drainage of the common area behind 2020-2026 needs to be refurbished. The area has been eroded and the water no longer follows the designed path causing severe silting issues. The swale needs to be reconstructed and turf needs to be replaced. The estimated cost from Area is $5,990.
F. INSIDE UTILITY BOX CORNER (WESTMORELAND)
The area where the wall creates a right angle has eroded and has created a holding pond putting pressure on the wall. The grade needs to be raised forcing the water down the slope. Ground cover will be added to control erosion. The estimated cost from Area is $1,910.
G. REAR OF 2029-2033
Again drainage issues have been created by the flow of water from Westmoreland Square resulting in water entering some of the properties. To rectify this, an additional grate and drainage box needs to be installed and connected to the common drain pipe. A number of additional stone channels are also needed along with regrading and added river rock. To allow access in a safe manner to the rear gates, stone steppers will be installed. The cost of this project, provided by Area Landscaping, is $5,895.
Proposals from O’Reilly Masonry (sidewalks and brick work) and Area Landscaping Inc. (retaining wall and drainage) for carrying out the needed maintenance work were reviewed in detail. It was noted that proposals from other contractors had been received and compared, with these two contractors providing the best bids.
Actions by the Board
It was concluded that a special assessment levied on all homeowners would be necessary to carry out the above work. Consideration was given to tapping the reserve fund for a portion of the cost – e.g., some $5000 scheduled to be available for drainage work in 2015. It was concluded that that amount should be left in the reserve for possible needed fine-tuning after the major drainage work described above.
It was moved that the Board recommend to the Home Owners Association that the full cost of the needed maintenance work be funded by a special assessment. Seconded and carried.
With a total estimated cost of $65,410, and 37 housing units in the development, the approximate cost per unit would be $1768. With the addition of a 5% or so contingency, the cost per unit would be $1850.
It was moved that the Board recommend to the Home Owners Association that a special assessment of $1850 be levied against each homeowner to fund the projects listed above. Seconded and carried.
It was moved that the Board recommend to the Homeowners Association that payment of the special assessment could be made in two equal amounts if a homeowner wished to do so, half ($925) due on 15 November 2013 and half ($925) due on 15 March 2014. Seconded and carried.
This pattern would thus have the special assessment payments bracket the timing of the usual annual assessment for routine operations, which is due at the end of January.
Meeting dates
President Louiselle will issue a call for a Home Owners Association meeting to consider approval of the special assessment for 2 October 2013. That notice will contain the details of the proposed work, the rationale for a special assessment, and the recommendations from the Board. The notice will also call for scheduling of a second meeting of the Homeowners Association for 9 October 2013, a backup in the event that a quorum is not present at the first meeting.
In addition, the Board decided that the regular annual meeting of the Homeowners Association will be held on 7 December 2013.
Other business
Landscape Representative Judy Williams noted that there are areas in the development where maturing trees are overhanging roofs, and will need pruning. In discussion, it was concluded that such pruning should be done in a uniform way by an experienced contractor arranged by the Board in order to maintain the character of the neighborhood. Funds for pruning of trees on community property will be provided from the operating budget of the Association, and trees on private property will be pruned at homeowner’s expense.
Mr. Kresse made two suggestions for addition to the Mayfair of McLean web site, and webmaster Jones agreed to make those changes.
Adjournment
Upon a motion by a member of the Board, the meeting was adjourned at 11:45am.