Ashbrook Community Association
Minutes for Board of Directors Monthly Meeting
Date: August 11,2009 time: 7:00 PM
Ashbrook Community Center
Call to order at 7:00 PM
Present: Sue, William, Don, Catherine, Bill
Quorum established
Motion:
To approve the agenda for 11 Aug. 2009 board meeting
By: William , second: Catherine Motion carried
Motion:
To accept the July 14, 2009 minutes as amended
By: Don , second: Catherine Motion carried
Old Business
President’s report:
By Sue: Sue checked out the possibility of a discount for membership at Woodlake. There is no discount at this time. However, they said there may be some possibility for a discount if we can guarantee 25-50 new members.
Motion to accept decision on Moma Donna’s Day Care was unanimously accepted:
This information and decision was a result of consultation with our attorney Andrew Elmore.
The Board’’s initial position to oppose the application for a Conditional Use Permit (""Permit"") was rational and reasonable based on the potential impact and precedence borne out of a 12 child commercial day care enterprise being operated in the middle of a residential single-family home community.
2. It is also rational and reasonable for the Board
to elect NOT to have counsel appear on behalf of the As 1. The sociation to oppose the application for the
Permit in light of the clear representation of Wayne Bass, Planning
Commissioner, who assured Don McQueen over the weekend that the Commission was
going to approve the Permit. In other words, it is a good business decision by
the Board to decide not to spend money on legal fees that would be for an
effort of argument contrary to a decision that was already made.
3. From a strict interpretation of the
Association’’s covenants, it is my opinion that the operation of Mama Donna’’s
out of a Lot in Ashbrook constitutes a covenant violation, which is, therefore,
something to which the Association could lawfully initiate legal action to
enforce.
4. It is my opinion, however, that because the
Association, at this time, is not in a position to present any facts
that the activity of the daycare operation on the Lot conflicts with normal
residential use, that if the Association pursued this matter in Court it most
likely would not prevail.
5. Donna Snyder and her husband and all other Lot
Owners in Ashbrook remain subject to the applicable covenants and at any
time when the activity on any Lot from a business or commercial activity is in
conflict with the residential characteristics of the Lot , then the
Association’’s Board should proceed with the appropriate response and,
ultimately, enforcement action.
My
suggestion for a proposed statement is as follows:
Notwithstanding the Board’’s position from its July 15, 2009 Board
meeting on the application by Donna Snyder for a Special Use Permit from
Chesterfield County for the operation of a daycare business from her Lot in
Ashbrook, the Board since determined not to formally oppose the matter before
the Planning Commission scheduled for July 21, 2009. The Board’’s decision in
this regard is based on the following:
1. The Board was informed by
a member of the Planning Commission, Mr. Wayne Bass, that the Planning
Commission was going to approve the Permit.
2. Pursuant to its
consideration of all of the facts and advice from the Association’’s counsel,
the Board determined that the operation of Momma Donna’’s daycare from the
Snyder’’s Lot was not an enforceable violation of the restrictive covenants due
to the absence of sufficient facts establishing that the commercial activity
conflicted with the residential character of the Ashbrook community.
3. The Board shall continue
to monitor and take enforcement action, if necessary, if the commercial or
business activities on any Lot, including the Snyder’’s Lot, rises to the level
of being in conflict with the residential use and character of the Lots in the
Ashbrook community.
4. The decision in this
regard serves the best interests of the Association.
Motion to accept by William; Second by Don; motion carried.
Vice President’s report:
By William: No Report
Treasurer’s report:
By Don
For a detailed report
of the finances, please contact Don directly
In checking account - $74,771.
Beginning balance checking:
Ending balance checking:
Ending balance in money market: $24,258. Note was made that money for tot lot was inadvertently paid for out of this account.
Motion by Don to move Money Market Account from BB&T to Village Bank. BB&T only paying .1% interest. Village Bank paying 2%.
Second by Bill. Motion carried.
Secretary report: By Bill. Motion made to appropriate and additional $475.00 needed for new roof on pavilion. Second by Catherine. Motion carried.
Board member report:
By Catherine: No report.
Management report:
By Charles Small, ACS West representative: No report
Standing committee reports:
Safety and Security:
By William: Thanked everyone who participated in National Night Out. Pat Tavenner and Sandra Willet for co-chairing event. Don MacQueen for getting door prizes. Leighanne Shuler for manning the popcorn machine. Bill Ruitenberg for arranging for the ice cream cart. Promises bigger and better for next year.
Social committee report:
By Sue for Stephanie Provo: Picnic plans going well for October. Plans for a juggler, moon walk will be manned etc.
Finance and Audit committee: No report
By Angela Day
Architectural Review committee:
By Don Heldt:
Applications received for: 2 Change door color, 1 change shutter color, 1 install fence.
We had committee meeting on 7/23/09to consider a request by Donna Snyder to get ARC approval to continue operating a child day care center at her house. No record of filing a prior request could be found over the past 9 years. About 25 to 30 people showed up, showing strong favorable support about Donna’s past and present care for their children. After mostly listening about 1 ˝ to 2 hours, we decided to postpone any decision until next meeting, scheduled for 8/04/09.
That scheduled meeting was moved to 8/5 to allow 8/4 to be available for the National Night Out.
At our 8/5 meeting one person of our 3 person committee was out of state on vacation, so we have re-scheduled Snyder’s request to 8/18/09.
Our attorney, Andrew Elmore, has advised us that the clauses dealing with “Home Bisinesses” (shown as item 1, page 30) “Other Standards”, are in conflict with our Recorded Documents. Based on this information, we recommend to the Board that that section be rescinded from our standards.
Buildings and Grounds committee:
By Bill Ruitenberg:
KDC Contracting will be installing a new roof on the pavilion.
3 more new benches are ordered for the area in front of the lake.
An 8’ bench is being ordered for the new tot lot for parents of little ones to be able to sit close by while children are playing.
The area on to of the hill by the corral will be bush hogged. This should be a good place for residents to let their dogs run, play etc.
We are exploring the possibility of completing some of the walking paths that were part of the original plans for the community.
The dam and playground equipment have all been power washed for $150.00 and some free advertisement in our newsletter.
We plan to have the carpet in the Community Center professionally cleaned after the picnic in October.
We are looking into the cost of putting in irrigation on Shady Banks & Ashbrook Pkwy. for 2010.
Lake subcommittee:
By Jerry Oakley: No Report
Special committee reports:
Exploratory: No report
By Sue
Historical document: No report
By Catherine
New Business
President: No report
Vice President:
No report
Treasurer:
After the Architectural Review Committee report: I make the motion ,at our Attorney's recommendation, that the Board rescind the entire Section 1 Home Businesses from the Other Standards Section of the Ashbrook Architectural Standards and Guidelines, as it is in direct conflict with our Recorded Documents.
Second by Catherine; Motion carried.
Under New Business:
We have been having a real problem with several residents who keep putting campers, trailers, boats, and unlicensed cars, in their driveways. Currently ACS sends them the 14 day warning letter, they move it out at the last minute, and then a few weeks later it reappears and the scenario starts again. It is a pain in the butt to have to try to keep up with this, and frankly these people have figured out a way to "beat the current system". We can fine them $20 for a recurring violation as we do for trashcans and grasscutting, but even four fines a month is cheaper than what it would cost them to rent a space at an outside storage facility, and all of these people have had it suggested to them to rent a space in the corral but won't do it. I would like to make a motion as follows:
"I make the motion that the per incident non-compliance assessment for recurring violations,other than for trashcan and grasscutting violations, be $50 per incident as allowed by the Virginia POA Act." Hopefully if the cost of poker goes up they will be more apt to not keep doing the same thing over and over.
Second by Catherine. Motion carried
Secretary: Bill Ruitenberg
Motion #1: $6,873.75 to be appropriated to have Quality Landscape Solutions eradicate all vegetation from area near pavilion to community center wooden deck and from area wooden deck to just before dam. They will then plant those areas with Vinca Vine which will become a permanent ground cover for those areas.
Second by Catherine. Motion carried.
a. Motion #2: An additional motion for $7,000.00 will be made for some sort of ground cover for the area along Shady Banks Dr. We need to do some more research on this before a commitment is made.
Second by William. Motion carried.
Member voice: None
Motion to adjourn by Sue. Second by Bill. Motion carried
Adjournment at time: 7:45 PM
Respectfully submitted by:
William P. Ruitenberg, secretary