NRC Commentary on May 1, 2017 Regular BCA Board Meeting

Posted May 5, 2017 at 2:08 PM, Filed Under: Front Page, News, NRC Email

Important Note: The comments below are reported based on unofficial notes taken by NRC representatives who attended the BCA meeting. Although we believe the reporting is reliable and strive for accuracy, we cannot assure 100% accuracy. It is recommended to all readers that they read the approved BCA 2017 Annual Meeting minutes when published.

Approval of the Agenda

Director Nardella moved and Director Hillman seconded a motion to approve the agenda.

Director Pearson moved and Director Hunt seconded a motion to include a discussion on an illegal dock situation to Executive Session. The BCA Board unanimously passed this motion.

Director Pearson moved and Director Hillman seconded a motion to discuss the topic of permit issue paid to the BCA attorney. The BCA Board unanimously passed this motion.

Director Pearson moved and Director Hunt seconded a motion that the BCA Board pass a resolution better defining the general manager's duties and responsibilities. President Davis made a substitute motion to discuss the resolution in Executive Session since it related to a personnel issue. The BCA Board passed this motion with a 5:2 vote (Davis, Nardella, Gregory, Hillman and Hunt voting "for" and Pearson and Friedel voting "against").

Lastly, Director Pearson moved and Director Hunt seconded a motion to grant the General Manager permission to make additions to the already approved pool fees of March 17, 2017. Director Pearson clarified his motion by stating that the motion would allow the General Manager to determine such things as Guest/Daily Pass fees for non-Brandermill residents.

President Davis stated that ultimately it is the Board's responsibility to oversee operation of the pools and hence approve the pool fee schedule.

Director Gregory moved and Director Hillman seconded a motion to authorize the General Manager to set the fee for Guest/Daily Passes. This motion was unanimously passed by the BCA Board.

The BCA Board then approved the amended agenda.

Approval of April 3, 2017 and April 8, 2017 Minutes

Director Hillman moved and Director Hunt seconded the motion to approve the minutes of both meetings. Director Nardella noted that he was not presented at the April 8, 2017 Special Board meeting. The April 3, 2017 minutes were approved as printed and the April 8, 2017 minutes were approved as amended, with Director Pearson abstaining as he was not present at either of those meetings.

Member Voice

NRC Chair Erin Collins (1) thanked the BCA Board for their anticipated response (to be received from Manager Wright) regarding the NRC's operational questions; (2) informed the BCA Board of the NRC hosting a community meeting utilizing a town hall format at 7 p.m. on Thursday, May 11, 2017 at Harbour Pointe Clubhouse and invited the Directors to attend; (3) confirmed that she, as an individual resident, provided responses to a WTVR reporter regarding questions about Brandermill (as was previously emailed to the Directors) and voiced concern that the BCA did not agree to an interview; and (4) asked the BCA Board for the details of the Association granting an easement to Chesterfield County as indicated on its March 25, 2017 minutes and why the granting of that easement was granted for $1. She asked for a written response or public announcement on the subject by their June Board meeting.

General Manager Wright verified that the Board's written statement was sent to the reporter.

Director Friedel suggested that a survey be conducted with a statistically significant sample size on how Brandermill residents feel about the governance of the Association. Director Gregory suggested holding a focus group meeting with a statistically significant sample. Chair Collins volunteered the NRC to help organize such an effort, citing the importance of offering several vehicles of communication for residents.

Former BCA Director and 37-year resident Bob Malek (Regetta Pointe) thanked the present BCA Board for their attention to current Association issues, including the pools and social networking.

Marie Turner (Deer Meadow), a 21-year Brandermill resident, felt that responses from social media participants were quick to react versus being proactive. She has seen many changes in our community during the past 21 years and anticipates many more changes in the upcoming 21 years. She would like Brandermill to attract young families in order to keep it vibrant while still remembering the older families. Turner emphasized the need to foster a sense of community for all age groups.

Gary Jenkins (Timber Ridge/Long Shadow), a resident of 21 years, thanked the BCA Board, particularly over the past six years and expressed his appreciation for such work as the clean-up work done at the neighborhood signs, removal of dead trees and maintenance work done at Sunday Park. He felt that President Davis has exhibited the strong leadership skills needed to work with both the County and State governments for the betterment of Brandermill. Jenkins perceives that President Davis is working for the whole of the community and that all members are on the same page. He specifically thanked President Davis for his leadership.

Warren Ragsdale (Huntsbridge), a 40-year resident, commented that he has attended BCA Board meetings faithfully. Under President Davis' leadership, Ragsdale can appreciate Board meetings now only lasting 90 minutes, if possible; being sure that the Directors were prepared to discuss issues; addressing Brandermill issues and not "kicking them down the road"; and improving home values. He thanked the Directors for their support of President Davis' agenda and hopes that future boards will also support it.

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Treasurer's Report

Treasurer Gregory reported that the Finance Committee has been asked to verify the Maximum Annual Assessment (MAA) amount that the BCA Board can levy for 2018. As background, Treasurer Gregory noted that the BCA attorney has recently indicated to the BCA Board that it could charge more than a 5% annual assessment increase. The Finance Committee is currently studying the data to verify the allowable MAA amount. President Davis asked if the Finance Committee would offer a recommendation for action by the BCA Board's June meeting. Treasurer Gregory affirmed this request.

Referring to the BCA's accounts receivable profile, Director Pearson noted that "as of March 31, 2017, 76% of the monies owed the BCA is at least one year old." He suggested that the BCA Board reserve at least 15 minutes at each monthly Board meeting to review variances in budget line items and 30 minutes to review quarterly budget reports. He also recommended that a report be given as to the collection status of delinquent accounts.

Manager Wright commented that Treasurer Gregory will give the report on the auditor's management letter. Changes to be made will not add any additional cost to the budget, rather it will reallocate responsibilities with the existing staff.

With regards to the collection process, Manager Wright expressed she had the same concerns as Director Pearson. In reviewing BCA delinquent accounts, there are still outstanding judgments from 2007 and liens are only valid for three years. Collection agencies only make money if they are able to collect monies and will therefore more fervently pursue current past-due accounts. Manager Wright agrees with Director Pearson that our collection process needs to be amended and has arranged to meet with our collection attorney in this regard.

Treasurer Gregory concurs with Manager Wright's statement above and stated that the Finance Committee recognizes the accounts receivable issue. As a result, the account receivable reserve has been increased by over $100,000 this year, and the BCA will continue to work towards collecting past-due monies.

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Directors' Reports

Director Pearson commented that the Covenant Enforcement Task Force met, and it is the purpose of this task force to be sure that rules are being enforced.

The Communications and Marketing Committee will be meeting Thursday, May 4. Their priority is the new BCA website with security enhancements, which would allow more on-line services being available to residents.

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Manager's Report (including Pool Update)

In response to residents' questions, the BCA has chosen to (1) elect the General Manager as the Executor of Elections and (2) have an independent third-party tally the votes. The BCA Staff is not made aware of any election results until the voting polls are closed.

The BCA has filed a law suit against SwimMetro for $370,000 for alleged poor workmanship in re-plastering of the pools or even if the pools should have been re-plastered if they are outside of industry standards.

Late fall 2016, Director of Property Management Al Raimo, along with a pool specialist (Douglas Aquatics), reviewed the status of the pools to determine level of damages.

In early January 2017, the BCA issued an RFP to fix the pools, and it was determined that the North Beach pools could be brought to standard by patch re-plastering and that the Harbour Pointe and St. Ledgers pools needed complete re-plastering. Responses to the RFP were widely varied which led to a wide range in pricing (from $500,000 to $4 million). As a result, the BCA Board hired Douglas Aquatics to serve as a pool consultant in evaluating the RFP responses. Based on Douglas Aquatics' recommendation, the BCA Board has hired Swim Club Management (the same firm that presently operates our pools) to perform the re-plastering work, with Douglas Aquatics overseeing them.

Manager Wright announced that the North Beach pool will open on time, and complete re-plastering of the Harbour Pointe and St. Ledgers pools has been scheduled. It is anticipated that these two latter pools will open on time, but residents need to be aware that 14 days of curing is needed after the plaster is applied and that rainy weather may be a factor in not opening those pools on time. One factor for a possible delay in opening the St. Ledgers pool is the existence of Canadian geese having laid their eggs there. Virginia Wildlife officers have advised that the BCA is not able to work at St. Ledgers pool until the eggs hatch.

Manager Wright stated appreciation for the NRC hosting a community meeting (May 11, 7 p.m., Harbour Pointe Clubhouse) and for their invitation to both Staff and Board to speak at this town hall meeting. By having these types of meetings, she feels we can better communicate and work together for the betterment of the Association.

Manager Wright announced the hiring of Pam Etter who has previously worked with her in Williamsburg. One of her responsibilities will be to streamline processes between the BCA and Association members. There will be no additional cost to our budget.

In reviewing expenses, Manager Wright asked the question of whether Staff is in the landscaping or maintenance business. By answering this question, the Association will have a better understanding of costs, the possibility of reducing cost, and the cost of labor. We currently have a $200,000 landscape contract, which she feels is not effective in achieving curb appeal. This contract will terminate at the end of the year, and the Community Appearance and Maintenance Committee (CAM) will be holding a workshop this coming Friday from 9 1 p.m. at the BCA office to review RFP requirements.

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Consideration of a Request for Driveway Extension and Front Walkway Alteration in Fortune's Ridge

Director of Property Management Al Raimo reported on covenant violations concerning this property as the property has an asphalt walkway and part of a wraparound driveway built on BCA property. Mr. Payne originally purchased the house in 1998, and no disclosure statement for that period can be found. In May 2010, the BCA determined that the owners could keep the property in the same state as at-the-time of purchase but that these conditions needed to be rectified before the home could be resold.

A neighbor of Mrs. Payne revealed that Mr. Payne had died within the past year and had purchased the house in 1988 from Mr. Tate who had installed both the asphalt walkway and driveway. Mrs. Payne seeks a waiver from correcting these violations so that the house may now be sold. A real estate agent representing Mrs. Payne indicated that the house had been on the market for the past eight months and that there is a current sale in jeopardy because of these violations.

The BCA Board will further consider this case and render their decision directly to Mrs. Payne.

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Adoption of Management Letter Implementation Plan

Treasurer Gregory, working with Manager Wright, has prepared a plan on how to address auditors' concerns (see pages 16-18 of May 1, 2017 Board packet). He moved and Director Hillman seconded a motion to adopt this plan. The BCA Board unanimously approved the plan.

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