Monday, June 02, 2008

Minutes of BOD Meeting - May 2008

Topics

Call to Order: Meeting called to order at 6:30pm

Adoption of Agenda

Approval of Previous Minutes:
Minutes from the prior meeting were read and two small amendments made:
1. Delete section “The EPB committee consists of Art, Debbie and Pete” (as this has not been officially decided) and
2. Correct the following sentence: “The BOD has NOT decided on what will be done with the two extra spaces in our lot for now.”

Report of Officers:
· President Report: Art noted that board members should send agenda items for meetings to Mathias ahead of each meeting.
· Treasurer Report: Steve indicated that one household has not yet paid 4Q’07 dues though they have paid 1Q’08 dues. Steve will pursue getting the late payment from the one household.


Report of Standing Committees:

ICC Committee:

(1) ICC – Receipt of sale transfer funds:
Art brought up the issue of the $102,000 ICC check. The status is as follows: On April 18, the county clerk cut and mailed the check for $102,000, made out to SGSTA, to an old address they had on file (despite the address having been updated with them several times to PO Box 5775): c/o Harry Adkins, 75xx Weatherby Drive. Numerous attempts have been made to locate the check, and to no success. Alex spoke with both Patrick and Rachel Showalter, current residents of 75xx, and they have not seen it. Art went to the county clerk’s office and spoke several times with a Kimberly Horn in the finance office there, who says the check has not been cashed. It was agreed that Alex will take on responsibility of chasing the check down. Jean suggested involving councilmember Phil Andrews as one possibility. Greg Smith noted that the wrong house was knocked down for ICC construction in Cashell Estates last week, and urged that any problems be well documented.

Alex provided an update on the tax situation regarding the ICC check, should we ever manage to get hold of it. She spoke with a tax lawyer in the office of Lerch Early and Associates, who recommended using an accountant familiar with HOAs. Alex called two of these and got price quotes for having an accountant do our taxes this year. The first firm, in Virginia, charges $500, and the second, in Maryland, charges $400. Alex is getting paperwork from the latter (Mohn and Allen) should we wish to hire them. Mathias questioned whether we really needed an accountant and whether a tax attorney would be more appropriate; Alex will look into this.

(2) ICC – Sound Barriers:
Mathias questioned the status of a sound barrier for the ICC. Alex has not been able to get an answer from the SHA as to whether enough residents have voted for one in our neighborhood or not. Steve and others who attended a SHA meeting on the matter were unable to shed light on it. Alex will check with SHA on this.

(3) ICC – Federal Appeals:
Greg noted that stoptheicc.org will go live in about ten days with resources and more information. Interested constituents are meeting with Rep. Chris Van Hollen next Monday to discuss the ICC. Greg asked the BOD for money to help support a federal appeal of the lawsuit to delay the ICC. No decision was taken.


EPB
· Common Area Tree Pruning:

Steve coordinated walk-thru of property with Capitol City to get estimate for pruning of mature common area trees and to identify trees that required pruning and maintenance. Art, Pete, Debbie, Steve and Bart (from Capitol) participated in this walk-thru. Approximately 30 of the 40 trees on our property required pruning and were identified to Capitol during this walk-thru. Estimate received from Capitol was $2200 to perform this work which did include the use of a chipper for the tree limbs. BOD has authorized the spending of $2200 (to be paid from Reserve Fund) for tree trimming work to be performed this year, but it was agreed that a second estimate needed to be obtained. Debbie will contact Schifflett Tree Service for 2nd estimate.

NOTE: Amount of money to be removed from Reserve Fund to pay for this work will need to be finalized since unused portion of our 3 ‘minor’ tree trimmings can be applied towards this task. Steve will contact Capitol to see what amount of money is left over from this year’s contract.

· Mowing of individual lots; Art will speak with the current list of neighbors who have not mowed their lawns in recent weeks.
· Debbie is working with County representatives to see if there is anything that can be done to reduce the amount of debris that comes out of storm drain located behind 75xx.
· Debbie is working with County representatives to get streetlight at intersection of Berclair and Weatherby in working order.
· Greg & Melissa have been contacted and they will shortly be turning over EPB records to Art.

Unfinished Business:
· Bonding of officers with financial responsibilities (not discussed; tabled for future meeting)

New Business:
· None

Announcements:
· None

Other items:
· Discussion ensued on Luis Sandoval, who had been elected secretary but has not been able to attend any board meetings. The BOD decided to replace Luis with Debbie Edgerly as secretary, effective immediately, and let Luis know he is welcome to attend board meetings any time in a non-secretarial capacity.
· Received letter from Roth residence (75xx) requesting approval for installation of solar attic fan. Request acknowledged and approved.

Future Discussion Items:

· EPB Spring 2008 Walk-thru
· Steve has obtained 3 estimates for replacing all the fences in our community; the best estimate was $46k, which we can discuss at next meeting if time allows.

Action Items:

· Send letter to Luis Sandoval regarding secretary position
· Send letter to Mathias Roth regarding approval for installation of solar attic fan
· 75xx is under contract and the paperwork needs to be sent to Real Estate Agent, specifically the EPB violations
· Debbie to call Schifflett Tree Service to arrange time to get 2nd estimate on tree trimming work. Debbie to work with Art, Steve and Pete to coordinate schedules to have one or more of individuals participate in walk-thru.
· Art will host the next Board meeting on June 25th.
Adjournment: Meeting adjourned at 7:45pm

Minutes of BOD Meeting - April 2008

Overview:

The SGSTA Board of Directors for 2008 met to discuss items brought up at the last meeting, which was held in March. In addition to those items the following topics were covered: Board member roles/responsibilities, HOA actions for current housing sales, Environmental Protection Board status and plans, ICC Update, Action items for the next meeting.


2008 Board Members:

The following individuals have volunteered to serve on the SGSTA BOD for 2008: Arthur Carter, Steven Edgar, Mathias Roth, Luis Sandoval. Debbie and Alex will be non-voting board members and will assist with committees or wherever needed.

Topics

Adoption of Agenda

Approval of Previous Minutes
· The minutes should reflect Alex and Debbie have volunteered to assist the board. Alex will continue to serve as the ICC point of contact.
· Alex’s ICC and Parking update via email was read into the minutes
· Art authorized that Alex sign the contract w/Stronghold Towing
· The EPB committee consists of Art, Debbie, and Pete

Report of Officers
· Art would like to discuss roles/duties of officers at the next meeting
· The agenda will no longer consist of reports from each BOD member unless something specific to address
· The president should be notified of all issues prior to discussion at BOD meetings
· The board still would like to acquire the list put together by the EPB in December
· Mathias suggested a separate informal meeting on weekends for BOD members

Report of Standing Committees
· Ornamental trees in the neighborhood need to be trimmed due to safety issue
· Tree was removed in front of 75xx and replaced with a Yoshino Cherry Tree
· A follow-up discussion on whether or not we should hire an accountant took place.

Unfinished Business
· The ICC check was sent to Harry Adkins at 75xx who no longer resides. Art will follow-up.

New Business
· The BOD has decided on what will be done with the 2 extra spaces in our lot for now


Announcements
· Mathias asked about the ICC progress what was used as justification for additional money
· EPB issues for 75xx need to be addressed prior to the sale
· The tenants in 75xx have moved out


Other items:

Resident concerns
· What is to be done for residents that do not mow lawns?
· The topic of bonding was raised. The officers handling the money will need to be bonded.
· It is appreciated if the Tow Truck company is a little more considerate of noise during hours where residents are asleep


Action Items:

· 75xx is under contract and the paperwork needs to be sent to Real Estate Agent, specifically the EPB violations
· Steve will call Capitol on getting estimate for neighborhood tree trimming
· Jean will keep dialogue open with accountant for specific questions about the SGSTA situation
· Mathias will host the next Board meeting on May 28

Sunday, May 11, 2008

Minutes of BOD meeting, 3/26/08

Prepared By: Steven Edgar

Meeting Participants: Steven Edgar, Debbie Edgerly, Arthur Carter, Mathias Roth, Jean Smith

Subject: Shady Grove Station Townhouse Association Board Meeting

Date: March 26, 2008


Overview:

The SGSTA Board of Directors for 2008 met to discuss items brought up at the last meeting, which was held in February. In addition to those items the following topics were covered: Board member roles/responsibilities, HOA actions for current housing sales, Environmental Protection Board status and plans, Action items for the next meeting.


2008 Board Members:

The following individuals have volunteered to serve on the SGSTA BOD for 2008: Arthur Carter, Steven Edgar, Mathias Roth, Luis Sandoval, Debbie Edgerly, and Alex Witze. Debbie and Alex will be non-voting board members and will assist with committees or wherever needed.

Topics

President’s Report (Art)
• Paperwork will need to be finalized before the sale of any houses in the neighborhood
• The board would like to acquire the list put together by the EPB in December
• The board is in the process of writing a welcome letter to be provided to new residences. The letter was reviewed by the board and will be finalized by June.
• Contact MCCOC on SGSTA representation (no contact has been made for several years). Items such as fallen tree on corner of Epsilon/Shady Grove would be addressed.

Treasurer’s Report (Steve)
• The Waste Management contract has been negotiated for the 3 years (2008 – 2010) at 2007 fixed pricing. The fuel/environmental fee is variable and continues to rise because of escalating gas prices.
• A discussion on whether or not we should hire an accountant took place.
1. How much will it cost?
2. Should we wait until next year?

ICC Update (Alex via email)
• The necessary ‘petition to withdraw’ was sent to Peyton Paul Phillips, the circuit court clerk of Montgomery County.
• On March 19 a letter was received saying the court requires a ‘proposed order’ to the process the check.
• Alex is investigating
• Alex and Debbie met with the SGSTA lawyer Harry Lerch, and SHA representative, and the state lawyer.
• The state lawyer is resistant to arguments for more money
• Mr. Lerch is going to send detailed arguments in writing; if unsuccessful we will move to the board of property review.

Parking Update
• Parking tags were distributed to all homeowners except 7512
• The new parking enforcement will begin April 15
• Art mentioned that only the President/Treasurer are allowed to enter the HOA into a contract (i.e. Stronghold Parking)
• Nothing will be done with the 2 extra spaces in our lot for now
• Residents on Berclair Terrace should be notified about the new parking regulations
• Extra hang tags belong to the homeowners and can not be sold


Committee Reports
• The EPB committee (Debbie, Art) will need to acquire materials from the outgoing EPB (Gregg and Melissa Price)
• Debbie emailed a list of EPB projects that will be discussed in their next meeting
• A motion was passed to replace the dead tree in front of 7503 at a cost of appx. $300 using funds from the reserve account.
• Mathias asked what the approval process was for using funds in the reserve account
• EPB issues for 7531 need to be addressed prior to the sale


Other items:

Resident concerns
• Jean mentioned a tire slashing incident on Berclair Terrace
• Debbie sent an email to everyone about a possible criminal activity with the U.S. Postal being investigated
• A situation with rats was discussed
1. Trash should not be put out early
2. Dog feces need to be picked up
3. Residents need to be reminded of this in next newsletter

Action Items:

• Jean volunteered to speak with an accountant about the money we are receiving from the state. Specifically about tax implications.
• Debbie will work with Shifflet on removing dead tree in front of 7503 and will look into the cost of planting a new tree
• Dues for Q2 will be sent out this weekend
• Arthur will host the next Board meeting on April 30

Sunday, March 02, 2008

Minutes of annual meeting

Shady Grove Station Townhouse Association
Annual meeting 2008
February 10, 2008, at #7519 (Witze’s house)

In attendance: Pete Patellis (7506), Art Carter (7522), Melissa and Gregg Price (7527), Jean Smith (7521), Ottie Gates (7505), Debbie Edgerly (7529), Mathias Roth (7511), Chi-Ang Yuen (7523), Larry Flores (7515), Luis Sandoval (7503), Tavi Alvarez (7532), Lynne McConnell (7501), Alex Witze and Jeff Kanipe (7519)
Minutes by Alex Witze, outgoing secretary, SGSTA


Art Carter, the outgoing president of SGSTA, called the meeting to order at 7:05 pm.

Art opened by thanking the community for their hard work over the past year. Steve Edgar, treasurer, was sick and so Art presented the proposed budget for 2008. Items of discussion included the $2,000 paid to appraiser Hal Gearhart for an ICC-related study; the intent is to pay this back out of the funds we receive from the state regarding the ICC taking. Costs for Capitol Landscaping and Waste Management continue to rise, but the outgoing board negotiated a 2-year deal with Capitol so those costs are set for 2008. Waste Management’s fee increases are something of a mystery, but Steve has indicated he will pursue this in his next conversation with them.

Debbie noted that several items should be included in the 2008 budget, such as potential budgeting for a tax accountant should we need one to deal with ICC monies; any potential costs associated with hiring lawyer Harry Lerch regarding the ICC (such as copying and phone expenses); and the cost for parking signs and hangtags. In addition she recommended adding in the reserve fund as a line item with amounts going in and out throughout the year instead of a year-end total. Debbie and Steve will discuss. The budget as broadly outlined was passed by a voice vote, pending further possible amendments.

Alex presented an ICC update. Residents in row 1, plus 7518 and 7520, have been asked to vote on whether or not we want a sound barrier for the neighborhood. The state has been having public meetings to this effect and 75 percent approval of resident voters are required for the barrier to be constructed. It is still unclear whether that means 75 percent of returned ballots or 75 percent of voters. Alex can provide details to anyone as needed on who was determined to be a voting resident or not with regard to the sound barriers (in essence it boils down to how close to the road you will be). The sound barrier, if approved, will be 18 feet high behind our community, atop the 24-foot-high embankment as it approaches the Shady Grove Rd overpass. The SHA holds public meetings on the second Thursday of each month at its offices in Rockville; call 866-462-0020 to make an appointment with a representative. No sound barrier is planned for along Shady Grove Rd.

SGSTA has retained Bethesda lawyer Harry Lerch to represent us in the fight for more money. A meeting with Witze, Lerch, and the State Highway Administration and its lawyer is scheduled for February 13. [Note added later: this was delayed due to weather and has been rescheduled for March 12.] SGSTA is in the process of getting the ‘petition to withdraw’ to get the initial $102,000 offered to us by the state. Jean noted that we should ensure the fund we put that into is FDIC insured. The board had planned to place it into a money market fund with United Bank. Mathias questioned whether the tax implications of withdrawing the money and where it should be placed. Alex and/or Steve will research before depositing the money.

Alex then presented an update on the new parking situation. The outgoing board of directors voted to adopt a hangtag situation for parking. Each unit will received 2 parking hangtags. Any vehicle parked on Weatherby Drive without a hangtag, between the hours of 7 pm and 7 am, will be towed. The current status of not parking in someone else’s reserved space still holds; and even if you are parked in your reserve space you still must have a hangtag. Alex is in charge of acquiring the hangtags, and distributing them with plenty of notice to residents before towing is enforced. This will happen sometime this spring.

Melissa as the nominating committee then led the elections procedure. New officers for 2008 are as follows: Art Carter, president; Mathias Roth, vice-president; Steve Edgar, treasurer; Luis Sandoval, secretary; Alex Witze and Debbie Edgerly, board members at large.

The meeting was adjourned.

Tuesday, January 22, 2008

Minutes of Jan. 16 BOD meeting

SGSTA board of directors meeting

January 16, 2008

In attendance: Art Carter (president), Steve Edgar (treasurer), Alex Witze (secretary)

Location: #7522 (Carter’s house)

----

Art called the meeting to order at 6:30 pm.

The minutes for the prior meeting were read and approved.

Art provided a president’s update. There was much discussion of the wrecked silver Toyota Corolla, which the police indicate belongs to unit 7503. Art will speak with the owner about removing the vehicle, which has been there since December, and if it is not resolved between himself and the owner the board will have the vehicle towed and charge the owner for the expense. Additionally there was discussion of the trash that was put out during Christmas week despite the notices placed on the mailboxes about how trash pickup was limited during that week. No decision was reached on how to avoid similar instances in the future.

Steve provided a treasurer’s update. One unit still has not paid fourth quarter dues for 2007, and Art will speak to that unit. Steve has not instigated a notice in the dues slips that interest will be charged at the rate of 6% per annum for late dues, as is stipulated in the community bylaws. Steve noted that as most people had been paying on time he did not feel it necessary to institute this change. Art and Alex proposed reconsidering this.

Steve put forth the proposed budget for 2008. The main issues in terms of unexpected expenses for 2007 are: (1) the $2,000 paid to appraiser Hal Gearhart for his report; (2) Waste Management rates, which continue to go up from month to month; (3) Capitol Landscaping, which has also gone up but at a prenegotiated rate; (4) a $435 credit from Capitol regarding mows that were not used this year. It was agreed that Steve would speak with Waste Management about the rate increases to clarify when and how often they raise rates, and whether we should be looking at alternate pickup services. (In the past, rate quotes have been gathered, but Waste Management provides twice weekly pickups which in the past have been regarded as preferable to once weekly pickups.) There was discussion as to whether dues needed to be raised for 2008, but Steve recommended that they need not be at this time. Steve will present the budget at the annual meeting which will be Feb. 10 at #7519 at 7 p.m.

There was discussion of the ICC monies. Alex had been holding out for some time on accepting the initial $102,000 from the state, thinking that that would give us more negotiating power in trying to get more money. Following many months of discussion with other neighborhood groups and with the attorney we are likely to retain, she recommends, and Art and Steve agreed, to withdraw the $102,000 so that it is in the coffers by the annual meeting. Alex will pursue the details of how to withdraw the money and deposit it in an SGSTA account. Steve has researched details of where to put the money and the choice is a money market fund with United Bank, which currently serves SGSTA in both checking and savings accounts already. For the amount involved the interest rate will be over 5 percent – at the time of checking several months ago it was 5.4 percent if Alex remembers correctly. It was agreed that the ICC money should remain in a sort of ‘lock box’ – being used only to repay the $2,000 to Hal Gearhart – and not otherwise touched for any community expenses until some sort of long-term plan can be set up as to what to do with the money. It was recommended that the new board of directors establish a long-term planning committee to come up with options as to what to do with the ICC money, on which the neighborhood can then vote.

There was discussion of the annual meeting on Feb. 10. Melissa will head the nominating committee, so anyone who wants to run for a board position (president, vice-president, secretary or treasurer) should contact Melissa prior to the meeting. Alex will send out another note to this effect.

Discussion on parking ensued. The board voted to accept the parking proposal outlined as such: Each unit receives two hangtags. Any vehicle parked on Weatherby Dr. without displaying one of these hangtags on its rear-view mirror, between the hours of 7 pm and 7 am, will be towed. That’s it. The new rules will go into effect after Alex can set up the system and notify everyone in plenty of time (45 days was discussed as a target). The only charge to SGSTA is to order two signs (estimated cost $60 total) explaining the rules, to be posted at the entrance of the community and in the cul-de-sac, and the hangtags themselves (estimated at less than $100). The current rule of not parking in someone’s reserved space still holds. Hangtags for rental units will be distributed to the owners only, who are responsible for getting them to their renters. A lost hangtag incurs a fee of $10 to replace. Alex will make up a flier explaining all this for distribution and discussion at the annual meeting, and then distribution to all residents and owners thereafter.

The next meeting will be the annual meeting, Feb. 10 at 7 p.m. at #7519.

The meeting adjourned at 7:50 pm.

Monday, January 14, 2008

Next BOD meeting

The next board of directors meeting will be this Wednesday, Jan. 16, at 6:30 pm at Art Carter's house (7522). As always it is open to all community members. Topics will include preparing the budget for the Feb. 10 annual meeting.

Sunday, January 06, 2008

Annual meeting set for Feb. 10

Please mark on your calendars to attend the neighborhood’s annual business meeting:

SUNDAY, FEBRUARY 10, at 7 pm. at #7519

This is the once-yearly meeting in which we will do the following things:
- Discuss and approve the planned budget for 2008
- Elect board members for 2008
- Discuss other issues of interest to the community, including: ICC update, potential new parking regulations, environmental issues and more

Please plan to attend. This is your chance to make a difference in the community! Board positions that will be up for election include President, Vice-President, Secretary and Treasurer. Think about running for the board and helping keep our neighborhood a wonderful place to live.

You can check http://weatherbydrive.blogspot.com any time to read minutes of past board of directors’ meetings, get ICC updates, and so on. There will be one additional meeting of the current board of directors prior to the Feb. 10 annual meeting; date and place will be posted on the website once it is set.

Finally, just because I have your attention, I just wanted to let everyone know that SGSTA is on the verge of signing a retainer agreement with attorney Harry Lerch of Bethesda, to help us in our fight for more money regarding the ICC. Lerch specializes in real estate issues and will be the one represent us in front of the Board of Property Review next time the State schedules one for us. The tentative agreement we are working on means that Lerch would get 25% of any additional monies (above and beyond the $102,000 we have already been granted) he is able to get from the State. If we do not win any more money we do not owe him anything other than reimbursement for incidental costs such as photocopying, expert witness fees, and the like. I am working with his office to quantify how much these incidental costs might be so that we do not spend too much money on them.

Any questions, email me at awitze@gmail.com or call 301-466-7760. Or talk to the other board members: Art Carter (president) or Steve Edgar (treasurer). Thanks!

Monday, December 03, 2007

Minutes from board of directors' meeting, Nov. 28

SGSTA board of directors meeting

November 28, 2007

In attendance: Art Carter (president), Steve Edgar (treasurer), Alex Witze (secretary), Debbie Edgerly

Location: #7519 (Witze’s house)



Art called the meeting to order at 6:30 pm.

The minutes for the prior meeting were read and approved.

Steve provided a treasurer’s update. Not all expense receipts have been received for the work on the mailboxes, and he requested that all outstanding receipts be submitted as soon as possible. When dues notifications go out for the first quarter of 2008, Steve will include a note to the effect that they are due upon receipt and that late fees of 6 percent per annum may be assessed as specified in the bylaws and discussed at the last BOD meeting. The association continues to be in the red for the year, primarily due to the expense of hiring the appraiser Hal Gearhart but also for other expenses such as the mailbox repairs.

Alex provided an update on the ICC. As discussed at the previous meeting she is in discussions with a lawyer who deals with eminent domain issues about representing SGSTA at the board of property review (which has not yet been rescheduled). She has also talked with the State Highway Administration appraiser who signed off on the state appraisal done on our property. In short, the SHA told her that we should be happy with the $102,000 evaluation as it was more generous than many other properties got.

There was some discussion of the surveys of the interiors of residences that the state is coordinating. Steve has already conducted his with a representative from the seismic company; others have not heard back yet regarding scheduling.

Debbie read the EPB update provided by Melissa. A second walk-around was performed on Nov. 10 to inspect all the homes. There were six homes that had still not complied with the findings from the first walk-around. Letters and pictures were mailed via certified mail to the owners and renters in those cases. In addition, five residents received letters regarding additional violations noted during the spot check. The date for compliance for all fixes is March 15, 2008.

Melissa has been talking to other townhome associations in Derwood regarding other potential landscaping companies. Some that have been recommended are Chapel Valley Landscaping and McFall & Berry Landscape Management. The Capitol contract is up in December each year and so it was decided to have presentations in the September time frame for 2008, as there is not time left this year to consider other contracts.

Steve has spoken with Bart of Capitol Landscaping regarding their service. There has been one leaf pickup this year, and fewer mows than usual. Steve will look into trying to get credit for the unused two leaf pickups, and any credit for the unused mows. Debbie mentioned issues surrounding tree trimming in the neighborhood; there are both small jobs such as dangling branches, and major prunings, which are covered under different parts of the Capitol contract. Such trimmings need to be spaced out properly with Capitol or else done through another tree-trimming services in order to save money, she recommended.

The board next discussed parking proposals. Alex re-proposed the plan she brought up at the last BOD meeting. This would mean giving every unit two hangtags to be placed in their vehicles. The hangtags would need to be displayed at all times, and any vehicle parked on Weatherby Dr. without a hangtag would be towed. Signs to this effect would be posted at the entrance to the community and at the end of the cul-de-sac. Towing would be enforced by an independent towing company such as Stronghold Towing; there would be no charge to the community other than the cost of the signs ($30 each) and hangtags. There was discussion as to whether this should be enforced 24/7 or only during the evening hours. Some residents have complained that parking is tight during the day as well as in the evening.

Art put forth an alternative proposal, in which each unit would be issued one visitor pass. The first vehicle belonging to the unit would be parked in the unit’s reserved spot, and the visitor pass would have to be displayed for any vehicle in an unreserved spot. Any vehicle parked in an unreserved spot without a visitor pass would be towed. The cars parked in the reserved spots would be described in a vehicle registration database with information on the owner’s name, make and model of the car. In addition, Art proposed allocating the final two parking spaces (the two left over after 31 units get 2 spaces each – there are 64 spaces total in the lot) to the most senior resident owners in the neighborhood.

Discussion ensued. Alex noted that a towing company would be unable to discriminate between reserved and unreserved parking spaces (since the numbers are painted only on the curb in front of each space) and therefore would be unable to tell which cars they ought to be towing. It was mentioned that perhaps there should be one ‘reserved’ hangtag and one ‘visitor’ hangtag for each unit instead. Alex is personally unsure why this is superior to having two hangtags with neither marked as ‘reserved’ or ‘visitor’. It is expected that residents will continue to informally monitor whether anyone is parked in their unit’s reserved space, and if a car is there that is not supposed to be there, either leave a note or go find the owner to make them move out of the reserved space.

The parking discussion did not result in any vote being taken, but a decision was made to table the vote until the next BOD meeting or until the annual neighborhood meeting. In the meantime Debbie noted that parking problems continue, with multiple units parking far more than two cars per unit. Alex will draft up letters to warn the regular offenders again and give them to Art to sign.

The next BOD meeting will be January 30.

The neighborhood annual meeting was scheduled for Sunday evening, Feb. 10, at a location to be determined.

The meeting was adjourned.

Sunday, November 25, 2007

ICC update

Just to update everyone: every single response I received regarding the question of hiring a lawyer for our ICC issue (13 households out of 31) was in favor of hiring a lawyer on contingency. I am now pursuing this actively.

Alex

Minutes from Oct 24 BOD meeting

SGSTA board of directors meeting

October 24, 2007

In attendance: Art Carter (president), Steve Edgar (treasurer and host), Alex Witze (secretary), Debbie Edgerly, Cheryl Day, Gregg and Melissa Price, Jean Smith




Art opened the meeting at 6:40 pm. The meetings from the prior meeting of Aug. 22 were read and approved. Art noted that the EPB is scheduled to do its walkthrough of properties, to check that the improvements requested in the spring, have been made. A rain date has not yet been set in case it is raining Saturday.


Melissa provided an EPB update. Those residents who have not complied with requests to comply with the bylaws will receive a letter indicating they have 30 additional days to comply. The board of directors will also sign off on these letters. There was some discussion of what to do if people did not comply by then. It was suggested that residents who are still not in compliance be required to check regularly with the EPB updating them as to the reasons why the work has not yet been performed (difficulty locating a contractor, etc). There was some discussion of whether residents would want to share a fence repair contractor; Debbie mentioned this had been brought before the board, in approximately 2000, and the proposal was rejected by homeowners at the time. In other news, Melissa indicated that the EPB has discussed installing solar-powered lights to illuminate walkways in the neighborhood in winter.


Steve provided a treasurer’s update. All third quarter dues have been paid, some quite late. It was noted that the bylaws permit a late fee charge of 6 percent per year, if the payments come in more than 30 days after notification. The current balance in our reserve account is $16,744. In addition, Steve has been compiling the vehicle database and has more than a 90 percent response rate.


Art instigated a discussion of Capitol Landscaping and their service this year. It was generally agreed that they have not provided particularly good service. Art and Steve will check on the number of mows performed this year and make sure they have done all they have contracted for. The EPB may look into possible other contractors although we have another year left on our contract with Capitol.


Alex provided an ICC update. All the homes that responded to the inquiry about whether to hire a lawyer on contingency said yes. Alex will move forward with trying to get a lawyer to get more money.


Alex then put forth a parking proposal similar to the one proposed by Elle Jauffret two years ago. Each unit would get two hangtags, parking stickers, or a combination of both. The lot would be continually patrolled by a towing company (presumably Stronghold Towing, which does this for the townhouse unit up on Epsilon) and any vehicle not displaying a hangtag or sticker would be towed. There would be no charge to the neighborhood other than putting up two signs (at roughly $30 each) and making up the hangtags. Debbie questioned whether this should be enforced 24 hours a day or only at nighttime. It was decided to vote on this at the next BOD meeting.


Art mentioned that he has a relative in Oregon who could address the question of whether the HOA should hire a CPA to do taxes once we get money from the state regarding the ICC. He will continue to pursue this although we will likely not accept any money from the state prior to the end of the year.


The next meeting will be at 6:30 pm on Nov. 28 at Alex’s house, #7519.

Sunday, October 21, 2007

ICC: do we hire a lawyer?

All:

I have received a number of questions regarding the latest ICC update. I'm not sure if I can answer them satisfactorily, but I will try.

First, to sum up: The HOA in May hired an appraiser, Hal Gearhart, to provide a report summarizing our case that we should receive additional monies (on the order of $1 million) to compensate for an expected drop in property value and quality of life once the road is constructed. A week and a half ago the state denied this counteroffer.

I have not yet gone back to the state with a second counteroffer and further arguments, which I intend to do shortly. However I have come to the opinion over the past couple of months, in speaking with many other neighbors who are subject to ICC takings, that we stand a better chance of getting more money if we hire a lawyer. I have not done this up until now because of cost; I was hoping that, armed with the Gearhart report, I myself could win the battle. I have since come to believe it's not as simple as that.

Last week I spoke with another community organizer who claims he knows lawyers who will take such a case on contingency - that is, they would represent us for no fee but take a substantial chunk (likely one-third) of any additional monies won from the state. A second option remains hiring a lawyer out of pocket; as mentioned back in May to many of you, this would cost roughly $300 an hour and there is no way of estimating how many hours would be required to do the job. Other communities who have hired lawyers have readily spend far in excess of $10,000 in arguing their cases. There is no way of estimating at this point in time how much it would cost us.

Our reserve savings balance is currently $16,700. We do have $102,000 coming from the state - this amount is currently held in our name by the county, and we have not withdrawn the money and placed it into our own account for fear that action might influence our negotiations for more money. (On further research I have come to think that that might not be the case, and I may recommend to the board that we go ahead and take the first $102,000, however.) So in short, we do have some money, but the question is how much of the $102,000 do we want to gamble on getting more?

The question before us now is whether we want to involve a lawyer. Based on discussions with community members in May, it was generally felt that we would initially spend a relatively small amount ($2,000) on an appraiser's report and see if that would get us what we need. I believe the answer to that question is no. The appraiser's report has been of some use and will continue to be of use in further negotiations, but it alone will not do it for us.

I would now like to know neighbors' opinions as to whether we should
1 - hire a lawyer on contingency, meaning no money out of pocket but a big chunk lost to commission if we win
2 - hire a lawyer out of pocket
3 - not hire a lawyer but continue to argue the case ourselves

Please let me know your thoughts by the evening of Tuesday, Oct. 23, if possible. Email to awitze@gmail.com is the best way. The board of directors has its regularly scheduled meeting this Wednesday, Oct. 24, at 6:30 pm at Steve Edgar's house (7518) if anyone would like to attend. There are other items on the agenda other than the ICC, but it will certainly be discussed so if anyone wants to come in person please do so.

Also note that the board of property review hearing, which had been scheduled for Oct. 18, has been rescheduled for an undetermined date in the future. This is the board hearing at which a judge and panel of citizens rules how much we should get from the state. I asked for an extension (the second time I have done so) so that we could discuss whether we wanted to involve a lawyer in our negotiations.

Also, if you know anyone who wants to be on this email list, please have them contact me directly and I can add them.

Thanks
Alex
awitze@gmail.com
301-466-7760

Sunday, October 14, 2007

ICC: Meet MONDAY Oct. 15 please

Those interested should please come to my house (7519) on Monday, Oct. 15 at 8 pm to discuss the ICC. (Not Tuesday as previously advertised.) Over the weekend it has come to my attention that construction could begin on Tuesday in our neighborhood, and I think it best we meet Monday.

Thanks
Alex

Friday, October 12, 2007

ICC: response from the state

All:

Today I received the following note from Alvis Dickerson of the State Highway Administration. I will be arguing our case for more money at the board of property review on Oct. 18. If you have any input into the process, please contact me (awitze@gmail.com) by 7 pm on Wednesday Oct. 17. Thanks.


---

Ms. Witze,

The counteroffer appraisal from Mr. Gearhart has been reviewed by the
State's Review Appraiser. His conclusion is that Mr. Gearhart failed to
appraise and give a value for the 3,246 s.f. actually being purchased by
the State; therefore, the State's believes Mr. Lamb's appraisal is fair
just compensation.

Just as a reminder, the Board of Property Review hearing will be held on
Thursday, October 18th at 10:00 a.m. The board members will meet at 9:00
a.m. at the property site.

Monday, September 10, 2007

Minutes of Aug. 22 board of directors' meeting

SGSTA board of directors meeting
August 22, 2007
In attendance: Art Carter (president), Steve Edgar (treasurer), Alex Witze (secretary)
7 p.m. at #7519 (Witze’s house)


Art opened the meeting by noting that much of the work requested by the environmental protection board following its walk-through this summer has already been performed. He requested that we note this in the newsletter; Alex will do so. She is behind on the next newsletter.

Steve updated everyone on the new database for vehicle registrations. It lists the cars (make, model and tag number) for each unit in the neighborhood. Most people who have paid their dues have responded with the relevant information, but some who are delinquent on their dues, and also a number of the rental units, have not yet responded. Steve will continue to pursue to get this information from everyone. He also mentioned that we should renew discussions with a towing company so that we can put up a sign regarding parking restrictions and have a contract with them to tow people away who are violating the contract (unregistered vehicles and so on). This will be discussed further at the next board meeting. The treasury remains more in the red than in the black due to people who have not paid their dues.

The board discussed a possible date for a community clean-up day and potential neighborhood picnic. Sept. 22 was chosen, and the environmental protection board will get involved with the planning.

The rest of the meeting was given over to discussion of the appraisal from Hal Gearhart, who is helping us put together a case to ask the state for more money regarding the ICC. Once the final document is done Alex will provide a copy to every SGSTA member and also provide it to the state as documentation for asking for more money. The next step, if we and the state are not able to reach an agreement, is to proceed to the rescheduled board of property review hearing which will likely be in October.

Art raised the issue of when we should take the first $102,000 from the county clerk’s office. It was generally agreed that this should be withdrawn shortly although it might give us a bit more leverage to have not accepted it while we continue to negotiate.

A few issues regarding ICC construction were brought up. Apparently they opened up a drainage pipe that contains a lot of trash, which comes out every time it rains. They have however filled in the boreholes mentioned earlier.

The next board meeting will be Sept. 26 at Steve’s house. Members of the EPB will be invited.

Thursday, September 06, 2007

ICC update, sort of

Hang in there, everyone. Hal Gearhart, the appraiser who is helping us draw up a counteroffer to the state, keeps saying he is nearly done with his report. As soon as he gives it to us I will present it to the state with a case for more money.

A tentative date of Oct. 31 has been set for the board of property review hearing at which it would be formally decided how much compensation we will receive, if we and the state are not able to agree on an amount before then.

Monday, July 09, 2007

I received a call today from Odessa Phillip of the ICC project office. The company that won the contract to build the road will be in our area doing surveying and technical work starting in the next couple of days. Their work will be primarily limited to weekdays, though if there are rain delays they may have to work the occasional Saturday. Work involving loud noises is supposed to be limited to 'reasonable' hours, and Odessa is supposed to be getting to me on what constitutes reasonable.

Just wanted you all to know to expect this.

Tuesday, June 26, 2007

ICC update

Please note that the board of property review hearing that was scheduled for June 21 has been postponed as we are still waiting for our appraiser to provide us with a number we can use as a counteroffer to the state's offer for our land. The appraiser's report is expected by the end of June, at which point we will present that number to the state and see if they take it or not.

Monday, May 14, 2007

ICC: June 21 hearing

The state has set a date of June 21 for the board of property review hearing, which is the time when a judge decides how much compensation we will receive for our property. SGSTA has retained an appraiser, Hal Gearhart, who has experience with other ICC properties to help draw up a counteroffer. His report is expected by the end of May and we can then present that to the state. If it is unacceptable to the state we will then proceed to the June 21 hearing. That will be the final word on the matter although there is a 30-day appeal period if we are unhappy with the decision.

Minutes from May 8 ICC meeting

Minutes of Shady Grove Station Townhouse Association meeting with representatives from the state regarding the InterCounty Connector

May 8, 2007

7 p.m. at #7519 (Alex Witze’s house)


SGSTA members in attendance: Alex Witze (7519), Jean and Greg Smith (7521), Melissa and Greg Price (7527), Pete Patellis (7506), Ottie Gates (7505), Art and Annette Carter (7522), William Yu (7509), Steve Edgar (7518), Riva Bendarenko (7526), Cheryl Day (7513), Tavi and Shay Alvarez (7532), Lynne McConnell (7501), Debbie Edgerly (7529), Tim Tang (7414). Notes by Witze.

State representatives in attendance:
Odessa Phillip, community liaison for Contract A, State Highway Administration
Alvis Dickerson, real property specialist, State Highway Administration
Eric Mellor, contract/design manager, Contract A
Dennis McMahon, construction manager, Contract A


Phillip kicked off the meeting with an overview of her role in the project. She is the liaison, or point person between the communities affected by the ICC and the design and construction team. Any immediate concerns during construction, such as noise from construction, vehicle access, and the like, should go to Phillip. She noted it would be best if the community could designate a point person (e.g. Witze) to coordinate comments so that she is not receiving phone calls from multiple people about the same concern. Phillip will leave business cards with community members at the end of the meeting.

Mellor gave a run-down as to the status of the road. Exact details are not yet set as it is a ‘design-build’ project and there are still some details that could change. The ICC will cross over Shady Grove Road at an elevation of approximately 25 feet. It will be toll, and three lanes in each direction. West of Mill Run (i.e. just beyond our community) auxiliary lanes will start for people exiting onto I-370. Mellor estimated that the highway would be roughly 30 feet above ground level behind our community, with some give or take still possible (5 feet up or down) depending on what the design-builders do. The team, known as InterCounty Constructors, won the $478.8 million bid and will be completing the designs. The state has provided specifications for things such as landscaping and noise barriers, and the builders will need to abide by those decisions.

Lighting: The ICC itself will not be lit but there will be partial lighting at the interchange, such as where it meets I-370. Also overhead signs will be lit, for instance exit signs. The lighting will have cutoff fixtures and be low level. Mellor said he does not expect lighting more than perhaps a lit directional sign in our community.

Toll gantry: somewhere between I-370 and Route 97 (Georgia Ave.) there will be an overhead toll gantry to read EZPass tags. The location will be proposed by the design-builder. Phillip said the communities that would be affected would be consulted at that time. Mellor noted it would likely be in an area where the road is at ground level, not elevated like it is behind our community.

What next: Details for the design should be finalized in the May/June time frame. There may be some additional borings in our neighborhood. Notice to proceed with further construction is expected in the fall. The construction duration for Contract A is 39 months, which is not expected to be continual construction in our neighborhood, but perhaps intermittent. Mellor is in charge of design oversight for all of Contract A.

Blasting: they expect to do some of this. McMahon said that the design builders anticipate doing hundreds of preconstruction surveys to determine if blasting will damage the foundations or otherwise for nearby homes. Some of these may take place in our area.

Noise barriers: Mellor said our area qualifies by state definitions for a noise barrier – however the design builder will re-do the noise analysis to see if we qualify. Mellor said we likely would. They would then have another meeting with residences to be immediately benefited by the noise wall (i.e. Row 1 of our townhomes) and if 75 percnet of those residents say they want the wall, the state is obligated to build it. The plan would be to build the noise barrier as early as possible to help protect from construction noise. Typical height of a sound wall is 16-24 feet.

Other impacts: It will be roughly 100 feet from the line of disturbance (the edge of our property line that they took) to the highway. Construction crews will not be able to access via Berclair or other community roads. Rodents are sometimes a problem and Mellor said they are difficult to control – we should keep an eye out for this. Re other wildlife, the state will have a fence to restrict deer and relocate species such as box turtles. Regarding plumbing, Mellor said it should not affect water quality, but Pete noted that there is poor drainage in that area. Regarding health impacts, Greg noted that there are ongoing lawsuits regarding the environmental impacts of particulate matters, which Mellor did not dispute. It is not clear for the timeframe on which these lawsuits will be decided.

The meeting ended around 8:15 p.m.

N

Tuesday, April 24, 2007

Minutes of April 4 board of directors meeting

Meeting of the Shady Grove Station Townhouse Association board of directors
April 4, 2007
In attendance: Art Carter (president), Steve Edgar (treasurer), Alex Witze (secretary)

The board discussed the large work truck that had been parked in the neighborhood. The letter asking the owners to remove it has apparently worked, as it is now parked at the end of Berclair Terrace. The board thanks the owners for taking care of this concern.

Steve noted that regarding parking issues, he still has a copy of the draft letter requesting vehicle registration information for all residents. He did not send this out with the second-quarter dues notice, as originally planned, as the parking situation seems to have eased somewhat in the neighborhood. Alex noted that there are still some issues, particularly with many multiple cars per household in some cases, but it was agreed that this plan would be kept as a possibility for when parking becomes quite tight again. The letter asks for make, model and license number for the two cars maximum per household on Weatherby Drive, so that the board can compile a list of vehicles that are meant to be parked here.

Art said that Gregg Price will help lead the environmental protection board, which will have a meeting shortly and report back to the board at the next board meeting. The welcoming board, to welcome new members, is also getting underway.

Steve said that the notification of the 10 percent dues increase had gone out as planned. He updated the board on the status of units that had not paid their dues. He also filed annual taxes, which came to roughly $31.

Alex will send out an ICC update shortly to all neighbors, as there is a community meeting planned with ICC representatives for late April or early May.

Art noted that Capitol Landscaping has started their annual service.

The next meeting will be Wednesday, May 30, at 6:30 pm at Art’s house (#7522).