AGENDA RESTON ASSOCIATION Regular Meeting of the … GENERAL/112014 REVISED Boar… · -Appointment...

VISION Leading the model community where all can Live, Work, Play, and Get Involved. MISSION To preserve and enhance the Reston community through outstanding leadership, service and stewardship of our resources. CORE VALUES Service. Collaboration. Stewardship. Innovation. Leadership.

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AGENDA RESTON ASSOCIATION Regular Meeting of the Board of Directors

Thursday, November 20, 2014, 6:00 pm

NOTE: Times listed for Agenda Items are estimates only. Actual times may vary substantially dependent on circumstances. It is suggested that Members having an interest in a specific Agenda Item be in attendance from the start of the meeting.

I. Procedural Items Item

Disposition

A. 6:00 pm Call to Order & Opening Remarks Ken Knueven, President

Discussion

B. 6:05 pm Consent Calendar Ken Knueven, President

1. Adoption of Regular Meeting Agenda 2. Approval of Board Minutes – October 23, 2014 Regular Board Meeting 3. Legal Committee Report 4. Committee Appointments 5. Lake Use Request - 2015 Virginia Polar Dip 6. Amendments to Member Rights Resolution 2; Access to Books & Records 7. Proposed Assessments & Finance Resolution 12; HOA/PUD Questionnaire Fees 8. Proposed Letter on Wiehle-Reston Station Remaining Pedestrian & Bicycling Improvements 9. Fairfax County Bus Stop Easement Request 10. 55+ Advisory Committee Work Plan for 2014/2015

Action

C. 6:10 pm Safe Routes to School – Awards Presentation Sally Smallwood, FCPS SRTS Coordinator Kelley Westenhoff, Chair Reston Association Pedestrian & Bicycling Advisory Committee Ken Knueven, President

Informational

D. 6:25 pm Public Hearings Ken Knueven, President

1. 2015 Assessment Rates 2. Proposed Air-conditioning Unit Covenant Referendum Question

Discussion

E. 7:00 pm Member & Board Comments Ken Knueven, President

Discussion

II. Presentations, Discussion & Action Items Item

Disposition

F. 7:20 pm 2015 Assessment & Collection Rates Ken Knueven, President

Action

G. 7:35 pm Proposed Air-Conditioning Unit Covenant Referendum Question & Fact Sheet Ken Knueven, President

Action

H. 7:50 pm CEO/Management Report Cate L. Fulkerson, Chief Executive Officer

Informational

I. 8:15 pm 2014 Voting Record Request Ken Knueven, President

Action

J. 8:30 pm If Required, Executive Session to Discuss Legal, Contractual, and/or Personnel Matters with Legal Counsel Ken Knueven, President

Action

III. Close of Meeting Item Disposition

K. 9:30 pm Adjourn Ken Knueven, President

Action

Item A

Call to Order & Opening Remarks

Item B

Consent Calendar Ken Knueven, President

1. Adoption of Regular Meeting Agenda 2. Approval of Board Minutes – October 23, 2014 Regular Meeting 3. Legal Committee Report 4. Committee Appointments 5. Lake Use Request – 2015 Virginia Polar Dip 6. Amendments to Member Rights Resolution 2; Access to Books & Records 7. Proposed Assessments & Finance Resolution 12; HOA/PUD Questionnaire Fees 8. Proposed Letter on Wiehle-Reston Station Remaining Pedestrian & Bicycling Issues 9. Fairfax County Bus Stop Easement Request 10. 55+ Advisory Committee Work Plan for 2014-2015

Reston Association – Regular Board Meeting Agenda Item Summary Prepared By/Date: Cate Fulkerson & Sabrina Tadele/November 12, 2014

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AGENDA ITEM SUMMARY November 20, 2014

ITEM B: Consent Calendar

PRESENTER: Ken Knueven, President

Board Motion: Move to adopt the Consent Calendar as written, including the following items:

1. Adoption of Regular Meeting Agenda 2. Approval of Board Minutes – October 23, 2014 Regular Meeting 3. Legal Committee Report 4. Committee Appointments 5. Lake Use Request – 2015 Virginia Polar Dip 6. Amendments to Member Rights Resolution 2; Access to Books & Records 7. Proposed Assessments & Finance Resolution 12; HOA/PUD Questionnaire Fees 8. Proposed Letter on Wiehle-Reston Station Remaining Pedestrian & Bicycling Improvements 9. Fairfax County Bus Stop Easement Request 10. 55+ Advisory Committee Work Plan for 2014-2015

BACKGROUND In an effort to more efficiently and effectively address the routine and/or non-controversial issues brought before the Board on a monthly basis, the Association employs the use of a Consent Calendar.

As per Robert’s Rules of Order, the items on the Consent Calendar are to be taken up in order, unless objected to, in which case they are restored to the ordinary process by which they are placed in line for consideration on the Regular Agenda. The Board also has the option of considering matters on the Consent Calendar in gross, without debate or amendment.

The Consent Calendar for the November 20, 2014 meeting of the Board of Directors includes the following motions, with full Item Summaries attached:

1. Move to adopt the November 20, 2014 Regular Board Meeting Agenda.

2. Move to approve the minutes of the October 23, 2014 Regular Meeting of the Board of Directors.

3. Move to approve the report of the Legal Committee and authorize action to be taken on the cases reviewed during its meeting of November 5, 2014.

4. Move to approve the:

- Appointment of Don Schaefer as Chair of the Covenants Committee for a term of one year, ending November 2015;

- Appointment of Kara Wills as Vice Chair of the Covenants Committee for a term of one year, ending November 2015;

- Appointment of Byran Brown as a member of the Community Engagement Advisory Committee for a term of two years, ending November 2017;

- Appointment of Lynette Jacobs as a member of the 55+ Advisory Committee for a term of three years, ending November 2017;

- Appointment of Colin Mills as a member and Chair of the Community Engagement Advisory Committee for a term of three years, ending November 2017, and one year, ending November 2015, respectively; and

- Reappointment of Rengin Morro as a member of the Community Engagement Advisory Committee for a term of three years, ending November 2017.

Reston Association – Regular Board Meeting Agenda Item Summary Prepared By/Date: Cate Fulkerson & Sabrina Tadele/November 12, 2014

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5. Move to approve the request of Camp Sunshine, in coordination with the Lake Anne Merchants Association (LARCA), to hold its annual winter fundraiser, the “Polar Dip”, in Lake Anne on Saturday, February 7, 2015, under the condition that LARCA and Camp Sunshine meet the following conditions:

a. Liability waivers (approved and/or supplied by the Association) and other appropriate documentation required by Reston Association’s General Counsel must be signed by each person participating in the event prior to the event date.

b. A Certificate of Insurance (with minimum limits stipulated by the Association) must be supplied naming the Association an additional insured prior to the event date.

c. Notice shall be provided to swimming event participants by the Association and event sponsor disclosing that the Association does not "maintain" the water quality of the Lake(s) to swimming standards.

d. The event’s sponsors, LARCA and Camp Sunshine, are required to provide supervision for the event, e.g., a specified number of rowboats (with senior lifesaving occupant) based on the length of the course and number of participants.

e. Lifeguards hired or used by the event sponsors must have current certifications, and, upon request by the Association, proof of certification will be supplied.

f. The event’s sponsors must notify Fairfax County Fire and Rescue of the pending event, no less than ten days prior to the event date. The sponsors must have certified rescue divers on hand for the event.

g. Any incurred costs to hold the event shall be borne by the sponsoring applicant/organization.

h. Reston Association reserves the right to cancel/postpone the event for any reason including but not limited to poor environmental or weather conditions (blinding snow, ice storm, etc.).

6. Move to approve the proposed amendments to Member Rights Resolution 2; Access to Books & Records.

7. Move to approve the proposed Assessments & Finance Resolution 12; HOA/PUD Questionnaire Fees.

8. Move to direct staff to send the attached letter to improve bicycle and pedestrian access to the Wiehle-Reston East Metro Station, as drafted by the Pedestrian & Bicycling Advisory Committee (PBAC) and the Transportation Advisory Committee (TAC), to be signed by Ken Knueven as President of the Reston Association to the appropriate Fairfax County officials, staff, and agencies.

9. Move to dedicate a portion of Common Area, Section 4, Parcel 1-A and grant grading and temporary construction easements over RA Common Area Section 4, Parcel 1-A to Fairfax County to make bus stop improvements including a concrete pad and related appurtenances, subject to review and approval by RA’s legal counsel and Design Review Board.

10. Move to approve the 2014-2015 work plan of the 55+ Advisory Committee.

Consent Calendar Item 1

Adoption of Regular Meeting Agenda

Ken Knueven, President


Approval of Board Minutes – October 23, 2014 Regular Board Meeting


DRAFT

Reston Association – Regular Board Meeting October 23, 2014

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BOARD OF DIRECTORS MEETING MINUTES

Regular Meeting October 23, 2014

PRESENT: President Ken Knueven, Vice President Ellen Graves; Treasurer John Higgins; Secretary Michael Sanio; Directors Richard Chew, Eve Thompson, Jeff Thomas, Dannielle LaRosa and Lucinda Shannon; Legal Counsel Ken Chadwick, Esq.; Chief Executive Officer Cate Fulkerson; Assistant Secretary Sabrina Tadele. ABSENT WITH CAUSE: Director Rachel Muir I. PROCEDURAL ITEMS

A. Call to Order & Opening Remarks

President Knueven called the meeting to order at 6:04 pm and established a quorum of the Board of Directors present including: President Knueven, Vice President Graves, Secretary Sanio, Directors Thompson, Chew, LaRosa and Shannon.

B. Adoption of Consent Calendar

President Knueven, seconded by Vice President Graves, moved to adopt the October 23, 2014 Consent Calendar as written. The consent calendar included the following motions:

1. Move to adopt the October 23, 2014 Regular Board Meeting Agenda.

2. Move to approve the September 25, 2014 Minutes of Regular Meeting of the Board of Directors.

3. Move to approve the report of the Legal Committee and authorize action to be taken on the cases reviewed during its meeting of October 1, 2014.

4. Move to approve the:

- Appointment of Charles Dorfeuille as a member of both the Community Engagement Advisory Committee and the Parks & Recreation Advisory Committee for a term of three years each, ending October 2017;

- Reappointment of Mark Steppel as a member of the Fiscal Committee for a term of two years, ending October 2016;

- Appointment of Ramon Bonzon as a member of the Environmental Advisory Committee for a term of three years, ending October 2017;

- Appointment of Karen Marginot as a member of the Parks & Recreation Advisory Committee for a term of three years, ending October 2017; and

- Appointment of Rory Rowan as a member of the Pedestrian & Bicycling Advisory Committee for a term of three years, ending October 2017.

5. Move to approve the 2015 Board of Directors Election Schedule, which includes setting the Record Eligibility Date for Members to participate in the Election as Monday, January 26, 2015 and the deadline for returning the Elections Ballots to the Counting Agent’s office and closing online voting booth as 5:00 pm on Monday, March 30, 2015.

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6. Move to approve the 2015 Board of Directors Meeting Calendar.

7. Move to approve the proposed amendments to Assessments & Finance Resolution 11; POAA Disclosure Document Fees.

8. Move to approve the proposed amendments to Use & Maintenance Standards Resolution 12; Hunting.

9. Move to grant a permanent bus stop facilities easement and temporary construction easement over Reston Association (RA) Common Area Section 4-A, Parcel 2 to Fairfax County for bus stop improvements including a concrete pad and related appurtenances, subject to review and approval by RA’s legal counsel.

10. Move to approve Board & Association Operations Resolution 12; Records Retention and Destruction Policy.

11. Move to approve Reston Runners’ (RR) request to use Reston Association (RA) trails and facilities for the 3rd Annual Runners Marathon of Reston, to be held on Sunday March 29, 2015 in south Reston, subject to the execution of an agreement approved by the Association’s Legal Counsel, which includes, but is not limited to, the following conditions:

1. RR will have each participant sign an RA-provided waiver; 2. Procurement of appropriate insurance coverage and indemnification provision from RR. 3. RR will provide in advance of the event a certificate insurance, with limits satisfactory to RA,

certifying RA’s status as an additional insured; 4. RR will notify RA of any changes in the course at the earliest possible time; 5. Any incurred costs to hold the event shall be borne by the sponsoring applicant/organization. 6. All clean-up of RA pathways and facilities shall occur within 24 hours after the event finishes.

The motion passed unanimously. C. Presentation of Reston Association’s 2013 Tax Return

Michael Sorrells of BDO, Seidman LLC presented and the Board received an overview of Reston Association’s 2013 tax return.

D. Reston District Police Report

Commander Michael Wall presented and the Board received a report on the incidence of crime recorded by the local police department in 2014, noting a downward trend in incidence from 2013. Commander Wall also reported on new programs implemented by the local police district in order to improve safety in the Reston community.

Ø Director Thomas joined the meeting at 6:40 pm. NEW ITEM: Naming of Reston Bird Jessica Robinson, board President of the Friends of Reston for Community Projects, presented an activities update on behalf of the Friends of Reston and announced the results of the preference poll naming the official Reston bird. The winner of the 2014 poll/survey naming Reston’s official bird was the pileated woodpecker. President Knueven, seconded by Secretary Sanio, moved, based on the outcome of the recent community vote conducted by the Friends of Reston, to name the pileated woodpecker as the official bird of Reston.

The motion passed unanimously. Ø Director LaRosa left the meeting at 7:10 pm to later return.

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E. Public Hearings 1) 2015 Budget & Proposed Assessment Rate

Chief Executive Officer Cate Fulkerson and Chief Financial Officer David Harris gave an overview of the proposed adjustments to the 2015 operating and capital budgets (presentation attached). Member Comments: 1. Maarten Byl, 1690 Chimney House Road – Topic: Commented on the operating budget of tennis

department and suggested the Association consider operating the tennis department at a profit, similar to other community associations.

2. David Thomas, 2258 Cedar Cove Court – Topic: Inquired as to the additional spending on new projects. Urged the board to reconsider the $8 increase for 2015 assessment rates.

2) Proposed Air-Conditioning Unit Covenant Referendum Question

Chief Executive Officer Cate Fulkerson and President Ken Knueven presented the draft referendum ballot and related fact sheet (attached). Member Comments: 1. Carol Berman, 1721 Wainwright Drive – Topic: Spoke in favor of keeping the covenant as it is.

Expressed concern over the viability of the business if the covenant were removed.

2. John Hunter, 1670 Chimney House Road – Topic: Approves of the wording of the referendum question. Thanked the Board for their work on this issue.

3. Mark Waddell, 1725 Wainwright Drive – Topic: With regard to the fact sheet, clarified that RELAC is not actually a unique system and cited examples of similar systems in Reston. Inquired as to the nature of the two-thirds requirement for approval of the covenant’s revocation.

4. Robert Gerstein, 1636 Wainwright Drive – Topic: Expressed support for Reston’s protective covenants. Questioned the origin of the 10% quorum requirement.

Ø Director Thomas joined the meeting at 6:17 pm.

F. Member & Board Comments

The following comments were given in person: 1. Bill Parker, President, South Bay Cluster Association – Topic: Gave the attached comments.

2. Ed Abbott, 2218 Wakerobin Lane – Topic: Gave the attached comments.

3. Chuck Cascio, 2134 South Bay Lane – Topic: Gave the attached comments.

4. Jerry Volloy, 2140 South Bay Lane – Topic: Thanked President Knueven, Vice President Graves and CEO Cate Fulkerson for responding to the concerns of local residents around the proposed bocce courts at Cabots Point Recreation Area. Expressed disagreement with locating bocce courts in this small piece of open space.

5. Jill Norvell, 2123 Cabots Point Lane – Topic: Gave the attached comments.

6. David Thomas, 2258 Cedar Cove Court – Topic: Noted that Cabots Point Recreation Area is ill-suited for bocce and constructing bocce courts on this site would take away open space from an entire community that uses and cherishes it.

7. Bob Wolf, 11931 Triple Crown Road – Topic: Gave the attached comments.

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8. Mitch Robinson, 2148 South Bay Lane – Topic: Offered clarification that during the time when he was president of South Bay Cluster, the cluster did not ever receive notification of the proposed bocce courts at Cabots Point Recreation Area.

President Knueven read the attached comments from Vic Moravitz, Micki Moravitz, and Adam Bovenzi, who were unable to attend in person.

9. Mike Norvell, 2123 Cabots Point Lane – Topic: Noted that he believes the majority of residents in the clusters adjacent to the proposed bocce courts are seniors who would use the bocce courts.

10. David Prelewitz, 2224 Cedar Cove Court – Topic: Questioned the true cost of constructing bocce courts and suggested it may be much higher than originally anticipated, given the grading on the site.

11. Ellen Goldman, 2148 South Bay Lane – Topic: Noted that there are many children in the clusters adjacent to the proposed bocce courts who use the open space at Cabots Point Recreation Area. Suggested that South Bay Cluster is the cluster most impacted by the proposed bocce courts. Challenged the notion that the impact would be isolated in such a small park and suggested other uses will be impacted.

The following topics were noted by one or more members of the Board: Expressed appreciation to all members who took the time to express their views on important issues; Noted that as Reston continues to change as a community, the Board needs to ensure Reston Association is meeting the needs of all residents; Identified a need to address changes to open space and recreational areas in a way that fits in with the strategic plan and utilizes good processes; Noted a new restaurant will be moving into the South Lakes Village Center; Highlighted the success of the Multi-Cultural Festival and the Latino Festival at Southgate Community Center; Thanked the Friends of Reston for the scholarships they provide to the community; Urged Members to get involved in public meetings that are influencing the future of Reston.

II. PRESENTATION, DISCUSSION & ACTION ITEMS

G. 11632 Sourwood Lane Hunting Request President Knueven, seconded by Director Thompson, moved to approve the deer hunting request by owner(s) of 11632 Sourwood Lane; thereby, granting permission to bow hunt through the 2016-2017 urban archery season, and subject to the conditions outlined in Resolution 12: Hunting, the staff recommendations included in this item summary including a waiver of the condition that the distance to an occupied dwelling be reduced from 150 feet to 130 feet, and subject to the execution of an agreement as approved by Reston Association’s Legal Counsel that includes all of these conditions.

The motion passed unanimously.

H. Proposal for Bocce Court at Cabots Point Recreation Area & Need to Establish Process for Considering Future Common Area Enhancements President Knueven, seconded by Secretary Sanio, moved to rescind the December 12, 2013 decision of the Board authorizing the construction of a bocce court at the Cabots Point Recreation area located at the corner of South Lakes Drive and Cabots Point Lane and direct staff to determine member desire and possible alternate locations for bocce facilities.

DRAFT


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The motion as amended above failed with votes recorded as follows: AYE: Vice President Graves, Secretary Sanio, Director Thompson NAY: President Knueven, Director Chew ABSTAIN: Directors Thomas and Shannon Director Chew, seconded by Director Thompson, moved to direct staff to resubmit Reston Association’s application for a bocce court at Cabots Point Recreation Area to include consideration of accessibility issues.

The motion passed with votes recorded as follows: AYE: President Knueven, Directors Thompson, Chew, Shannon and Thomas NAY: Vice President Graves ABSTAIN: Secretary Sanio President Knueven, seconded by Vice President Graves, moved to direct staff to draft a new policy resolution that will prescribe a standard process for the Association to use when considering additions, alterations, and/or improvements to the Common Area.

The motion passed unanimously. President Knueven called a recess of the Board of Directors. The Board adjourned for a brief recess at 9:29 pm and returned to open session at 9:38 pm.

Ø Director LaRosa returned to the meeting at 9:38 pm.

I. Verizon Proposed Cell Tower Site – Running Cedar Ballfield Area (Attached)

Lauren Bettis and Nicole Salerno of Smartlink LLC delivered the attached presentation on a proposed cell tower cite at the Running Cedar ballfield area.

President Knueven recommended that Verizon Wireless/Smartlink LLC continue to develop its proposal for the Association’s consideration at the December 8, 2014 meeting of the Board Planning Committee.

J. Reston Master Plan – Phase 2 Comprehensive Plan Amendments & Land Use Update (Attached)

John McBride, Land Use Consultant for Odin, Feldman & Pittleman, P.C., delivered the attached presentation on proposed amendments to the Phase 2 text of the Reston Master Plan.

President Knueven, seconded by Director Thomas, moved to extend the time of the meeting to 12:00 am.


President Knueven, seconded by Director Chew, moved to direct staff to prepare a letter to be signed by Ken Knueven as President of the Reston Association, to be sent to the appropriate Fairfax County officials, staff, and agencies, incorporating and recommending the points and proposed amendments to the “Straw Man Version” (September 5, 2014) of the draft Phase II Comprehensive Plan Text for Reston as prepared by legal counsel.


DRAFT


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K. DRAFT Revised Proposals for Board Planning Committee & Board Governance Committee Director Chew, seconded by Director Shannon, moved to defer consideration of the draft revised proposals for the Board Planning Committee and Board Governance Committee until the November 2014 meeting of the Board of Directors. The motion passed with votes recorded as follows:

AYE: Vice President Graves, Secretary Sanio, Directors Thompson, LaRosa, Shannon, Chew and Thomas

NAY: President Knueven Without objection, President Knueven requested that Staff, in coordination with the Board of Directors, identify a mutually convenient date, time and place to meet in open session to discuss the feasibility of establishing an Ethics Committee, including the proposal submitted by Director Muir.

L. CEO/Management Report

Chief Executive Officer Cate Fulkerson provided an overview of her October report. M. Executive Session to Discuss Personnel Matters with Legal Counsel

President Knueven, seconded by Vice President Graves, moved to extend the meeting to 12:15 am.

The motion passed unanimously. President Knueven, seconded by Secretary Sanio, moved to adjourn into executive session to discuss personnel matters.


The board adjourned into executive session at 11:46 pm.

President Knueven, seconded by Vice President Graves, moved to return to open session.

The motion passed unanimously. The board returned to open session at 12:25 am.

III. CLOSE OF MEETING

J. Adjourn Director Chew, seconded by President Knueven, moved to adjourn the meeting.

The motion passed unanimously. The meeting adjourned at 12:25 am.

Respectfully submitted, Michael Sanio Board Secretary

DRAFT


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Attachments to Original:

- September 25, 2014 Consent Calendar - Proposed Adjustments to the 2015 Operating and Capital Budgets - Draft Referendum Ballot and Related Fact Sheet - Member Comments - Verizon Proposed Cell Tower Site – Running Cedar Ballfield Area - Reston Master Plan – Phase 2 Comprehensive Plan Amendments

Supported Strategic Objective: Sustainability & Community Viability

To effectively manage all resources, resulting in a sustainable and viable community

3. Continuously preserve the integrity of our neighborhoods and their distinctive characteristics through covenants compliance.


Legal Committee Reports


Supported Strategic Objective:

Sustainability & Community Viability



Reston Association - Regular Board Meeting Agenda Item Summary Prepared By/Date: Sabrina Tadele/November 12, 2014

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CONSENT CALENDAR ITEM SUMMARY November 20, 2014

CONSENT CALENDAR ITEM 3: Legal Committee Reports


Board Motion: Move to approve the report of the Legal Committee and authorize action to be taken on the cases reviewed during its meeting of November 5, 2014.

BACKGROUND As per Reston Deed Section III.8(b), the Legal Committee is delegated the authority of the Reston Association Board of Directors to review pending or proposed legal action and other legal matters and report its action to the Board. The Board, by majority vote, may agree to review any decision of the Legal Committee, which shall have the effect of vacating the Legal Committee’s decision. ISSUES At its meeting of November 5, 2014 the Legal Committee took action on nineteen (19) cases, voting as follows: 1. 2349 Southgate Square: To file suit immediately following the November 20, 2014 Board of Directors

Meeting against the owner of 2349 Southgate Square to enforce Reston Deed Section VI.2(b)6 Vegetation (Case #144378), Section VI.2(b)8 Refuse and Debris (Case #144379), and Section VI.2(c) Maintenance of Improvements pertaining to the front and rear decorative lights, front fence arbor, rear fascia boards, rear stucco siding, rear fence, and rear privacy wing fence (Case #143935).

2. 1324 Northgate Square: To dismiss the case regarding Reston Deed Section VI.1 Design Covenants (Case #’s 146063, 146060, 146064, 146065) and Section VI.2 (c) Maintenance of Improvements (Case #145282) contingent upon payment of the $330 Notice of Violation filing and assessment fee.

3. 2001 Sarazen Place: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 2001 Sarazen Place to enforce Reston Deed Section VI.2(b)8 Refuse and Debris (Case #139135), and Section VI.2(c) Maintenance of Improvements pertaining to the siding, front door and sidelite, fascia, gutters, HVAC enclosure, rakeboards, corner boards, front stoop, soffits, trim, rear deck, and rear fence and gate (Case #139136).

4. 2134 Cartwright Place: To file suit immediately following the December 18, 2014 BOD Meeting against the owner of 2134 Cartwright Place to enforce Reston Deed Section VI.2 (c) Maintenance of Improvements (Case #141637), and direct staff to work with the homeowner to clarify trim color is in compliance with the cluster approved standard colors, and that the work should be completed prior to the December 18, 2014 Board meeting.






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5. 11550 Ivy Bush Court: To file suit immediately following the November 20, 2014 Board of Directors Meeting

against the owner of 11550 Ivy Bush Court to enforce Reston Deed Section VI.2(b)8 Refuse and Debris (Case #127358), and Section VI.2(c) Maintenance of Improvements pertaining to the chimney capping, rear fence, and rear shed (Case #123537).

6. 11406 Summerhouse Court: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 11406 Summer House Court to enforce Reston Deed Section VI.1 Design Covenants pertaining to the garage door replacement (Case# 147795).

7. 2163 Greenkeepers Court: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 2163 Greenkeepers Court to enforce Reston Deed Section VI.1 Design Covenants pertaining to the partial window replacements (Case# 142076).

8. 2168 Greenkeepers Court: To defer action to the December 3, 2014 Legal Committee Meeting regarding Reston Deed Section VI.1 Design Covenants (Case #141234), to allow the homeowner time to remove the paver walkway from cluster common area and replace with native, non-invasive vegetation and brown mulch to match the existing, and direct staff to determine if firewood needs to be relocated.

9. 2415 Glade Bank Way: To file suit immediately following the November 20, 2014 Board of Directors

Meeting against the owner of 2415 Glade Bank Way to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front garage door color, rear decorative light, and rear cables and wires (Case#’s 131814, 131813, 131812) and direct staff to investigate the covenant compliance with the gutters and downspout and the yellow gas line installed in the rear of the property.

10. 1271 Wild Hawthorn Way: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 1271 Wild Hawthorn Way to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front landscape stones, and the rear security bars (Case #’s 137195, 137196, 137197).

11. 11555 Ivy Bush Court: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 11555 Ivy Bush Court to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front decorative string lights (Case# 142308).

12. 1552 Woodcrest Drive: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 1552 Woodcrest Drive to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front decorative light and the front door grid removal (Case# 136448, 136449).

13. 1530 Scandia Circle: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 1530 Scandia Circle to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front and rear security lights (Case# 134093, 134092).






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14. 11927 Barrel Cooper Court: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 11927 Barrel Cooper Court to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front and rear decorative lights, landscape timbers, rear security light, lattice –style fence, ceiling fan, weatherguard, cables and wires, and plastic shed (Case#’s 104883, 139435, 107891, 104890, 104889, 104888, 104887, 104886, 104885, 104884,) and Section VI.2(c) Maintenance of Improvements (Case# 139434).

15. 1508 Park Glen Court: To defer action to the March 4, 2015 Legal Committee Meeting regarding Reston Deed Section VI.1 Design Covenants pertaining to the decorative and security lights (Case #’s 33594, 133593), and Section VI.2(c) Maintenance of Improvements (Case# 133591), to allow owner to confirm work has been completed or present a signed contract stating the date in which the work will be completed by the May 6, 2015 Legal Committee meeting and the design issues resolved.

16. 1518 Park Glen Court: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 1518 Park Glen Court to enforce Reston Deed Section VI.1 Design Covenants pertaining to the rear pedestrian door (Case# 142571), and Section VI.2(c) Maintenance of Improvements (Case# 142573).

17. 1674 Harvest Green Court: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 1674 Harvest Green Court to enforce Reston Deed Section VI.1 Design Covenants pertaining to the rear cables and wires (Case# 134323), and Section VI.2(c) Maintenance of Improvements (Case# 131897).

18. 1443 Park Garden Lane: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 1443 Park Garden Lane to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front and rear decorative lights and post light (Case# 141879, 142692, 142693, 142694), and Section VI.2b(8) Refuse and Debris (Case# 142690).

19. Properties with Court Orders: To direct staff to take action having maintenance performed at the properties

located at 1320 Northgate Square, 2124 Cartwright Place, 2339 Glade Bank Way, 2348 Branleigh Park Court, 2351 Hunters Square Court, and 2392 Hunters Square Court in amount not to exceed $17,500 within the discretion of the staff.

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RESTON ASSOCIATION LEGAL COMMITTEE

Minutes of November 5, 2014, Meeting Chair Ken Knueven convened the meeting at 6:14 p.m. on Wednesday, November 5, 2014, in conference room “B” of the Reston Association. Committee Members Present: Board President Ken Knueven, Director Eve Thompson, Director

Danielle LaRosa, Director Richard Chew, Chief Executive Officer Cate Fulkerson, General Counsel Kenneth Chadwick, (ex officio and non-voting)

Committee Member Absent: Staff: Julie Loy, AnnaVarone, Thalia Rembis Members:

OLD BUSINESS Approval of Minutes of the October 1, 2014, 2014, Meeting Ken Knueven moved to approve the minutes of the October 1, 2014, meeting. Eve Thompson seconded the motion. The motion passed unanimously. Ken Knueven, seconded by Eve Thompson, moved to go into executive session at 6:15 p.m. for the purposes of reviewing and discussing matters with individual Lot Owners involving their alleged violations of the Reston Deed or the rules and regulations of the Reston Association. The motion passed unanimously. ACTION Maintenance Violation Cases 1. 1615 Washington Plaza West 133688

Owner(s): Trustees of Washington Plaza Baptist Church

Ms. Loy reviewed the history of the violations and reported that at its meeting of October 1, 2014 the Legal Committee requested staff send a letter on their behalf to 1615 Washington Plaza West, informing the owner(s) they are reaching a one year mark; the Legal Committee is concerned that the repairs needing to be made to the property will not be met by the given deadline, and kindly requests more definitive and detailed information regarding the progress of repairs. To date, no change has been made at the property.

November 5, 2014, Legal Committee Meeting page 2 of 16

The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear, as requested by the committee, the owners sent in an update on the progress of repairs.

2. 2349 Southgate Square 144379, 144378, 143935 Owner(s): Henry Williams Lorna L. Williams

Ms. Loy reviewed the history of the violations and reported that at its meeting of October 1, 2014 the Legal Committee voted to defer action to the November 5, 2014 Legal Committee Meeting regarding Reston Deed Section VI.2 (b)(6) Vegetation (Case #144378), SectionVI.2 (b)(8) Refuse and Debris (Case#144379), and Section VI.2 (c) Maintenance of Improvements pertaining to the rear and front decorative lights, front fence arbor, fascia boards, stucco siding, rear fence, and rear privacy wing fence (Case #143935), to allow council an opportunity to research and report findings on history of previously open cases and return with recommendations. To date, no change has been made at the property. The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear.

Richard Chew, seconded by Cate Fulkerson, moved the following:

To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 2349 Southgate Square to enforce Reston Deed Section VI.2(b)6 Vegetation (Case #144378), Section VI.2(b)8 Refuse and Debris (Case #144379), and Section VI.2(c) Maintenance of Improvements pertaining to the front and rear decorative lights, front fence arbor, rear fascia boards, rear stucco siding, rear fence, and rear privacy wing fence (Case #143935). The motion passed unanimously.

Design and Maintenance Violation Cases 3. 1324 Northgate Square 146060, 146063, 146064 Owner(s): Jamie V Moore 146065, 145282 Ms. Loy reviewed the history of the violations and reported that at its meeting of October 1,

2014 the Legal Committee voted to defer action to the November 5, 2014 Legal Committee Meeting regarding Reston Deed Section VI.1 Design Covenants (Case #146063), to allow staff time to inform the owner of 1324 Northgate Square of the findings regarding the tree that was removed from the rear yard, and allow the owner an opportunity to submit an application to the DRB. To date, the maintenance and design violations have been abrogated.


The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear.

Cate Fulkerson, seconded by Ken Knueven, moved the following:

To dismiss the case regarding Reston Deed Section VI.1 Design Covenants (Case #’s 146063, 146060, 146064, 146065) and Section VI.2 (c) Maintenance of Improvements (Case #145282) contingent upon payment of the $330 Notice of Violation filing and assessment fee. The motion passed unanimously.

NEW BUSINESS

Maintenance Violation Cases 4. 2001 Sarazen Place 139136, 139135, Owner(s): Ocwen Federal Bank FSB

Ms. Loy reviewed the history of the violation and reported that at its meeting of May 15, 2013, the Covenants Committee found the property to be in violation of the Deed Section VI.2 (b)(8) Refuse and Debris, and (c) Maintenance of Improvements pertaining to the following conditions:

Section VI.2(b)8. Refuse and Debris:

There is refuse and debris exposed to view on the property consisting of, but not limited to: cardboard, excessive leaves, dead tree limbs, gas can, propane tanks, microwave, screens, toys, ladders, plastic sheeting, broken lawn furniture, food wrapers

Section VI.2(c) Maintenance of Improvements:

1. The siding (including the chimney) is discolored, weathered, peeled, and spalled and

must be cleaned, repaired, and painted/stained Sherwin Williams "Moderate White" sw6140.

2. The front door and sidelite are faded and discolored and must be cleaned and painted/stained McCormick "Foxhall Green" #202.

3. The fascia is discolored, weathered, peeled, and rotted and must be cleaned, repaired, and painted/stained McCormick "Foxhall Green" #202.

4. The gutters are full of debris and discolored and must be cleaned out and painted/stained McCormick "Foxhall Green" #202.

5. The HVAC enclosure is faded, discolored, weathered, and peeled, and must be cleaned and painted/stained McCormick "Foxhall Green" #202.

6. The rakeboard on the wall adjacent to 2003 Sarazen Place is discolored and rotted and must be cleaned, repaired, and painted/stained McCormick "Foxhall Green" #202.


7. The rakeboard on the left side of home is discolored, weathered, and peeled and must be cleaned and painted/stained McCormick "Foxhall Green" #202.

8. The corner board on the left side of home is discolored, weathered, and peeled and must be cleaned and painted/stained McCormick "Foxhall Green" #202.

9. The corner board on the wall adjacent to 2003 Sarazen Place is discolored and peeled and must be cleaned and painted/stained McCormick "Foxhall Green" #202.

10. The front stoop is no longer level and flat and must be repaired and/or replaced. 11. The soffits are discolored and have holes and must be cleaned, repaired, and

painted/stained McCormick "Foxhall Green" #202. 12. The trim (including the front door and sidelite trim) is discolored, weathered, peeled,

and rotted and must be cleaned, repaired, and painted/stained McCormick "Foxhall Green" #202.

13. The rear deck is discolored, rotted, and broken and must be completely removed, repaired, or replaced.

14. The rear fence and gate are faded, discolored, detached, and leaning and must be completely removed (excluding portion shared with 2003 Sarazen Place), repaired or replaced, and painted/stained McCormick "Foxhall Green" #202.

and directed the owner to abate the refuse and debris violation by June 15, 2013, and abate the maintenance violation(s) by June 30, 2013. A Notice of Claimed Violation was filed against the property among the land records of Fairfax County on July 28, 2014. To date, no change has been made at the property.

The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection that day. The owner did not appear.

Richard Chew, seconded by Ken Knueven, moved the following:

To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 2001 Sarazen Place to enforce Reston Deed Section VI.2(b)8 Refuse and Debris (Case #139135), and Section VI.2(c) Maintenance of Improvements pertaining to the siding, front door and sidelite, fascia, gutters, HVAC enclosure, rakeboards, corner boards, front stoop, soffits, trim, rear deck, and rear fence and gate (Case #139136). The motion passed unanimously.

5. 2134 Cartwright Place 141637 Owner(s): Owner Name

Ms. Loy reviewed the history of the violation and reported that at its meeting of October 16, 2013, the Covenants Committee found the property to be in violation of the Deed Section VI.2 (c) Maintenance of Improvements pertaining to the following conditions:



1. The window trim on the front elevation is faded and peeled and must be re-stained to match the existing house trim color (copy of Sawyers color palette enclosed).

and directed the owner to abate the maintenance violation by November 30, 2013. A Notice of Claimed Violation was filed against the property among the land records of Fairfax County on August 25, 2014. To date, no change has been made at the property.

The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection that day. The owner did appear.


To defer action to December 3, 2014 Legal Committee Meeting regarding Reston

Deed Section VI.2 (c) Maintenance of Improvements (Case #141637), to allow staff to provide the homeowner the correct color match for the window trim.

Richard Chew, seconded by Ken Knueven, moved to amend the previous motion as

follows:

To file suit immediately following the December 18, 2014 BOD Meeting against the owner of 2134 Cartwright Place to enforce Reston Deed Section VI.2 (c) Maintenance of Improvements (Case #141637), and direct staff to work with the homeowner to clarify trim color is in compliance with the cluster approved standard colors, and that the work should be completed prior to the December 18, 2014 Bod meeting.


6. 11550 Ivy Bush Court 123537, 127358 Owner(s): Dean A Surette

Ms. Loy reviewed the history of the violation and reported that at its meeting of June 19, 2013, the Covenants Committee found the property to be in violation of the Deed Section VI.2 (b)(8) Refuse and Debris, and (c) Maintenance of Improvements pertaining to the following conditions:

Section VI.2(b)8. Refuse and Debris:

There is refuse and debris exposed to view on the property consisting of, but not limited to: bricks, cinder block, buckets

Section VI.2(c) Maintenance of Improvements: 1. The chimney capping is rusted and must be cleaned and/or repaired. 2. The rear fence is weathered, discolored, rotted, has warped and detached boards and

is leaning and must be cleaned, repaired or replaced.


3. The rear shed is weathered, discolored, and broken at the top of the doors and must be cleaned and repaired.

and directed the owner to abate the refuse and debris by July 15, 2013 and the maintenance violation(s) by July 31, 2013. A Notice of Claimed Violation was filed against the property among the land records of Fairfax County on August 25, 2014. To date, no change has been made at the property.

The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection that day. The owner did not appear.


To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 11550 Ivy Bush Court to enforce Reston Deed Section VI.2(b)8 Refuse and Debris (Case #127358), and Section VI.2(c) Maintenance of Improvements pertaining to the chimney capping, rear fence, and rear shed (Case #123537).


Design Violation Cases 7. 11406 Summer House Court 147795

Owner(s): Elliot Cook Remila Malike

1. Ms. Loy reviewed the history of the violations and reported that the garage door replacement is unapproved. A Notice of Claimed Violation was filed against the property among the land records of Fairfax County on July 28, 2014. To date, no change has been made at the property. The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The did not appear Cate Fulkerson, seconded by Ken Knueven, moved the following:

To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 11406 Summer House Court to enforce Reston Deed Section VI.1 Design Covenants pertaining to the garage door replacement (Case# 147795).



8. 2163 Greenkeepers Court 142076 Owner(s): Donna B Martin

Ms. Loy reviewed the history of the violations and reported that the partial window replacements on the upper level front and rear elevations are unapproved. A Notice of Claimed Violation was filed against the property among the land records of Fairfax County on August 25, 2014. To date, no change has been made at the property.

The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear Eve Thompson, seconded by Ken Knueven, moved the following:

To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 2163 Greenkeepers Court to enforce Reston Deed Section VI.1 Design Covenants pertaining to the partial window replacements (Case# 142076).


9. 2168 Greenkeepers Court 141234 Owner(s): Robert E Becker

Deborah J Becker

Ms. Loy reviewed the history of the violations and reported that the brick walkway installed in the rear yard is unapproved. At its meeting of June 11, 2013, the Design Review Board (DRB) deferred decision on existing patio (brick pavers, 20' x 13') and walkway (brick pavers, 40' total length from house wall) in rear yard location to allow the applicant the opportunity to submit the following: · Plat of the property showing the location and dimensions of the existing patio and

walkway, drawn to scale · Plat of the property showing a proposed modification of the rear patio and walkway

to locate them completely on the applicant's property Please restudy and resubmit. A Notice of Claimed Violation was filed against the property among the land records of Fairfax County on August 25, 2014. To date, no change has been made at the property.

The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear


Richard Chew, seconded by Ken Knueven, moved the following:

To defer action to the December 3, 2014 Legal Committee Meeting regarding Reston

Deed Section VI.1 Design Covenants (Case #141234), to allow the homeowner time to remove the paver walkway from cluster common area and replace with native, non-invasive vegetation and brown mulch to match the existing, and direct staff to determine if firewood needs to be relocated. The motion passed unanimously.

10. 2415 Glade Bank Way 131814, 131813, 131812 Owner(s): Sandra D Ray

Ms. Loy reviewed the history of the violations and reported that the front garage door color, the rear decorative light between the two sliding patio doors, and the cables and wires on the rear elevation are unapproved. A Notice of Claimed Violation was filed against the property among the land records of Fairfax County on August 25, 2014. To date, no change has been made at the property.

The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear Eve Thompson, seconded by Ken Knueven, moved the following:

To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 2415 Glade Bank Way to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front garage door color, rear decorative light, and rear cables and wires (Case#’s 131814, 131813, 131812) and direct staff to investigate the covenant compliance with the gutters and downspout and the yellow gas line installed in the rear of the property. . The motion passed unanimously.

11. 1271 Wild Hawthorn Way 137195, 137196, 137197 Owner(s): Michael Murphy

Rosa G Murphy

Ms. Loy reviewed the history of the violations and reported that the front landscape stones, the rear security bars on the lower level window and the rear security bars on the lower level patio door are disapproved.

At its meeting of April 3, 2012 the Design Review Board disapproved landscape stones (grey) in the front location as not in conformance with the Design Guidelines for landscaping which states that landscaping stones should enhance the architecture of the


house, buffer undesirable elements, and complement the natural beauty of the environment, and disapproved existing security bars (metal, scroll detailing, color: black) on rear lower level window and pedestrian door as not in conformance with the Design Guidelines which state that bars should be simple, straight-lined, and without ornamentation.

A Notice of Claimed Violation was filed against the property among the land records of Fairfax County on August 25, 2014. To date, no change has been made at the property.

The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear Richard Chew, seconded by Eve Thompson, moved the following:

To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 1271 Wild Hawthorn Way to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front landscape stones, and the rear security bars (Case #’s 137195, 137196, 137197).


12. 11555 Ivy Bush Court 142308 Owner(s): Ellis Charma

Ms. Loy reviewed the history of the violations and reported that the front decorative string lights, on the tree, are unapproved. A Notice of Claimed Violation was filed against the property among the land records of Fairfax County on August 25, 2014. To date, no change has been made at the property.

The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear Cate Fulkerson, seconded by Ken Knueven moved the following:

To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 11555 Ivy Bush Court to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front decorative string lights (Case# 142308). The motion passed unanimously.

13. 1552 Woodcrest Drive 136448, 136449 Owner(s): Kapildeep Bakshi


Ms. Loy reviewed the history of the violations and reported that the front decorative light fixture and the grid removal on the front entry door are unapproved.

A Notice of Claimed Violation was filed against the property among the land records of Fairfax County on August 25, 2014. To date, no change has been made at the property. The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear Cate Fulkerson, seconded by Ken Knueven moved the following: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 1552 Woodcrest Drive to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front decorative light and the front door grid removal (Case# 136448, 136449). The motion passed unanimously.

14. 1530 Scandia Circle 134093, 134092 Owner(s): Owner Name

Ms. Loy reviewed the history of the violations and reported that the security lights in the front and rear are unapproved. A Notice of Claimed Violation was filed against the property among the land records of Fairfax County on August 25, 2014. To date, no change has been made at the property.

The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear Cate Fulkerson, seconded by Ken Knueven moved the following: To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 1530 Scandia Circle to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front and rear security lights (Case# 134093, 134092).


Design and Maintenance Violation Cases 15. 11927 Barrel Cooper Court 104883, 139435, 107891,

Owner(s): Myrna Marrero 104890, 104889, 104888,


104887, 104886, 104885, 104884, 139434

Ms. Loy reviewed the history of the violation and reported that at its meeting of June 19, 2013, the Covenants Committee found the property to be in violation of the Deed Section VI.2 (c) Maintenance of Improvements pertaining to the following conditions:


1. The wooden landscape timbers in the front yard are rotted and must be removed or replaced with squared wooden landscape timbers and remain unstained.

2. The front stoop is broken and spalled and must be repaired using natural color concrete to match the existing.

3. The front door is faded, discolored and peeled and must be cleaned and painted in accordance with the DRB-approved color palette for Tanners Cluster.

4. The fascia boards on the front upper level are discolored and faded and must be cleaned and painted McCormick #223 "Old Carriage Brown" or Benjamin Moore #2112-10 "Mink".

5. The stucco siding on the front elevation is faded and discolored and must be painted in accordance with the DRB-approved color palette for Tanners Cluster.

and directed the owner to abate the maintenance violation by July 31, 2013. In addition the following design violation(s) exist at the property: 1. The replacement decorative light installed next to the front door is unapproved. 2. The rounded wooden landscape timbers installed in the front and rear yards are

unapproved. 3. The security light installed on the rear mid-level elevation is unapproved. 4. The lattice-style fence installed in the rear yard is unapproved. 5. The ceiling fan installed under the rear elevated deck is unapproved. 6. The weatherguard installed under the rear elevated deck is unapproved. 7. The replacement decorative light installed on the lower rear elevation is unapproved. 8. The replacement decorative light installed on the mid-level rear elevation is

unapproved. 9. The cables/wires between the rear deck and downspout are unapproved. 10. The plastic shed in the rear yard is unapproved. Two Notices of Claimed Violation were filed against the property among the land records of Fairfax County on July 28, 2014. To date, no change has been made at the property. The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear. Cate Fulkerson, seconded by Ken Knueven, moved the following:


To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 11927 Barrel Cooper Court to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front and rear decorative lights, landscape timbers, rear security light, lattice –style fence, ceiling fan, weatherguard, cables and wires, and plastic shed (Case#’s 104883, 139435, 107891, 104890, 104889, 104888, 104887, 104886, 104885, 104884,) and Section VI.2(c) Maintenance of Improvements (Case# 139434). The motion passed unanimously.

16. 1508 Park Glen Court 133593, 133594, 133595, Owner(s): Robert B Jacobs 133596, 133591

Ms. Loy reviewed the history of the violation and reported that at its meeting of September 19, 2012, the Covenants Committee found the property to be in violation of the Deed Section VI.2 (c) Maintenance of Improvements pertaining to the following conditions: Section VI.2(c) Maintenance of Improvements: 1. The siding on the chimney is peeled and must be repaired or replaced. Please contact

me for color palette options. 2. The foundation is peeled and must be repaired or replaced. and directed the owner to abate the maintenance violation by October 31, 2012. In addition the following design violation(s) exist at the property: 1. The decorative light fixture in the front is unapproved. 2. The security lights underneath the deck are unapproved. 3. The cables and wires on the side elevation are unapproved. 4. The bamboo screens in the rear are unapproved. Two Notices of Claimed Violation were filed against the property among the land records of Fairfax County on July 28, 2014. To date, the foundation has been repaired, and an application has been submitted for the cables and wires and bamboo screens in the rear. The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did appear. Richard Chew, seconded by Eve Thompson, moved the following:

To file suit immediately following the December 18, 2014 Board of Directors Meeting against the owner of 1508 Park Glen Court to enforce Reston Deed Section VI.1 Design Covenants and Section VI.2(c) Maintenance of Improvements (Case# 133591) to allow the homeowner the opportunity to complete the work and get the design items reviewed by the Design Review Board.


Richard Chew, seconded by Eve Thompson, moved to amend the previous motion as

follows: To defer action to the March 4, 2015 Legal Committee Meeting regarding Reston Deed Section VI.1 Design Covenants pertaining to the decorative and security lights (Case #’s 133594, 133593), and Section VI.2(c) Maintenance of Improvements (Case# 133591), to allow owner to confirm work has been completed or present a signed contract stating the date in which the work will be completed by the May 6, 2015 Legal Committee meeting and the design issues resolved.


17. 1518 Park Glen Court 1142571, 142573 Owner(s): Ryan George Patrick Torrin John Patrick

Ms. Loy reviewed the history of the violation and reported that at its meeting of September 19, 2012, the Covenants Committee found the property to be in violation of the Deed Section VI.2 (c) Maintenance of Improvements pertaining to the following conditions: Section VI.2(c) Maintenance of Improvements: 1. The siding on the chimney has been improperly repaired. and directed the owner to abate the maintenance violation by October 31, 2012. In addition the following design violation(s) exist at the property: 1. The rear pedestrian door is disapproved. *We note that the door was changed but it

is not the cluster standard door for rear pedestrian doors.

Two Notices of Claimed Violation were filed against the property among the land records of Fairfax County on July 28, 2014. To date, no change has been made at the property. The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear. Cate Fulkerson, seconded by Richard Chew, moved the following:

To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 1518 Park Glen Court to enforce Reston Deed Section VI.1 Design Covenants pertaining to the rear pedestrian door (Case# 142571), and Section VI.2(c) Maintenance of Improvements (Case# 142573).



18. 1674 Harvest Green Court 134323, 131897

Owner(s): Zar Bo Aung

Ms. Loy reviewed the history of the violation and reported that at its meeting of December 12, 2012, the Covenants Committee found the property to be in violation of the Deed Section VI.2 (c) Maintenance of Improvements pertaining to the following conditions: Section VI.2(c) Maintenance of Improvements: 1. The front and rear gutters are discolored and must be cleaned. 2. The rear siding is discolored and must be cleaned and painted Duron "White". 3. The rear belt boards (mid-level fascia boards) are faded and discolored and must be cleaned and painted Duron "Parliament". 4. The rear shed is weathered, discolored and rotted must be cleaned, repaired and/or replaced. and directed the owner to abate the maintenance violation by March 31, 2012. In addition the following design violation(s) exist at the property: 1. The rear cables and wires are unapproved. Two Notices of Claimed Violation were filed against the property among the land records of Fairfax County on August 25, 2014. To date, no change has been made at the property. The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear. Richard Chew, seconded by Ken Knueven, moved the following:

To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 1674 Harvest Green Court to enforce Reston Deed Section VI.1 Design Covenants pertaining to the rear cables and wires (Case# 134323), and Section VI.2(c) Maintenance of Improvements (Case# 131897).


19. 1443 Park Garden Lane 141879, 142692, 142693, Owner(s): Alexi G Faraco 142694, 142690

Ms. Loy reviewed the history of the violation and reported that at its meeting of June 19, 2013, the Covenants Committee found the property to be in violation of the Deed Section VI.2 (b)(8) Refuse and Debris pertaining to the following conditions:


Section VI.2(b)8. Refuse and Debris: There is refuse and debris exposed to view on the property consisting of, but not limited to: indoor railing

and directed the owner to abate the refuse and debris violation by July 15, 2013. In addition the following design violation(s) exist at the property: 1. The front decorative light is unapproved. 2. The front post light is unapproved. 3. The rear mid-level decorative light is unapproved. 4. The rear decorative light is unapproved. Two Notices of Claimed Violation were filed against the property among the land records of Fairfax County on August 25, 2014. To date, no change has been made at the property. The Committee discussed the case and viewed photographs of the property taken during Ms. Loy’s inspection the previous day. The owner did not appear. Richard Chew, seconded by Eve Thompson, moved the following:

To file suit immediately following the November 20, 2014 Board of Directors Meeting against the owner of 1443 Park Garden Lane to enforce Reston Deed Section VI.1 Design Covenants pertaining to the front and rear decorative lights and post light (Case# 141879, 142692, 142693, 142694), and Section VI.2b(8) Refuse and Debris (Case# 142690).


DISCUSSION

The Legal Committee discussed properties with court orders. Cate Fulkerson, seconded by Ken Knueven, moved the following: To direct staff to take action having maintenance performed at the properties located at 1320 Northgate Square, 2124 Cartwright Place, 2339 Glade Bank Way, 2348 Branleigh Park Court, 2351 Hunters Square Court, and 2392 Hunters Square Court in amount not to exceed $17,500 within the discretion of the staff. Comments Director LaRosa left the meeting at 7:44 p.m.


Ken Knueven, seconded by Richard Chew, moved to exit executive session and reconvene in open session at 7:54 p.m. The motion passed unanimously. Cate Fulkerson, seconded by Ken Knueven, moved to approve and ratify the decisions reached by the Legal Committee in executive session on the individual cases. The motion passed unanimously. Cate Fulkerson, seconded by Ken Knueven, moved to adjourn the meeting at 7:54 p.m. The motion passed unanimously.

____________________________ ____________________________________ Date Ken Knueven, Chair

Supported Strategic Objective: Community Leadership & Engagement

To be the leader, representing Reston’s interests, promoting partnerships, and fostering community involvement

1. Regularly engage the diverse elements of the community on issues and opportunities that impact Reston.


Volunteer Committee Member Appointments


Supported Strategic Objective: Community Leadership & Engagement To be the leader, representing Reston’s

interests, promoting partnerships, and fostering community involvement

2. Regularly engage the diverse elements of the community on issues and opportunities that impact Reston.


1


CONSENT CALENDAR ITEM 4: Volunteer Committee Member Appointments


Board Motion: Move to approve the:

- Appointment of Don Schaefer as Chair of the Covenants Committee for a term of one year, ending November 2015;

- Appointment of Kara Wills as Vice Chair of the Covenants Committee for a term of one year, ending November 2015;

- Appointment of Byran Brown as a member of the Community Engagement Advisory Committee for a term of two years, ending November 2017;

- Appointment of Lynette Jacobs as a member of the 55+ Advisory Committee for a term of three years, ending November 2017;

- Appointment of Colin Mills as a member and Chair of the Community Engagement Advisory Committee for a term of three years, ending November 2017, and one year, ending November 2015, respectively; and

- Reappointment of Rengin Morro as a member of the Community Engagement Advisory Committee for a term of three years, ending November 2017.

BACKGROUND As per Section IX.4(a) of the Amended Bylaws of Reston Association (RA), the Board of Directors is responsible for making all Committee appointments. BOARD PLANNING COMMITTEE RECOMMENDATIONS In accordance with Committees Resolution 2 regarding Committee Member & Chair Appointments, the Board Planning Committee (BPC) is required to interview new Committee member and chair applicants.

During its meeting on November 3, 2014, the BPC conducted interviews of those Members who made application to be appointed to serve in open Committee positions. Separately, in accordance with Committees Resolution 2; Committee Member and Chair Appointments, Section 3(iii), incumbent members of their committee not seeking the position of Chair were not required to interview and were considered based on their applications.

The BPC recommends that the Board of Directors appoint or reappoint the following individuals as a member of a RA Advisory Committee as indicated below. Candidate application materials are attached.

Member Name

Position(s) Being Sought for Appointment/Reappointment

Don Schaefer Chair, Covenants Committee Kara Wills Vice Chair, Covenants Committee Bryan Brown Member, Community Engagement Advisory Committee Lynette Jacobs Member, 55+ Advisory Committee Colin Mills Chair & Member, Community Engagement Advisory Committee Rengin Morro* Member, Community Engagement Advisory Committee

*Indicates individual did not interview with the Board Planning Committee on July 14, 2014. See note above for more information.

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� � � � � � � � � � á â à �Kara G. Wills

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· ¸ ¹ º » » º ¼ ½ ¾ ¿ À Á Â º Ã Ä Å ¾ º Æ ¿ ¿ Ã Ç Å ¹ ½ » ¿ ÃÈ É Ê Ë Ì Í Î Ï Ð Ð Ñ Î Ò Ì Ó Ó Ð Ô Î Õ Ö × È Ð É Î Ì Ø Ø Ù Ú Û Ð Ó Ë Î Ü Ì Ý Þ ß Ð à Ñß Ì Î Ë Ð Ê á â Ø ã Ú ä Úå ã Ù æ ç Ø ã æ è è é ã å ã Ù æ ç ã ç æ Ø ê ê ãé é ë ì Ì í î Ì Íï Ì Í ð Ö Ý Ì Î Û Ð Ð Í Ñ Ö Ê à Ë Ð Í ñ ï Ð Ý Ö à Ó Ï Ð Í Þ Ì Íò ó ô õ ö ÷ ø ù ú ö û ÷ ü ý ó ý ó ö þ ö ÿ ü ø ù � ü ý ü � ö ÿ � ø � � � ô ý ü ø ÿ ü ÿ � ô ÿ � ù ø � ö � ø ù ø õ ö ù � � ö ô ù � ô � ô õ ø � � ÿ ý ö ö ù ô ÿ û ö � � � ø � ö ö � ò ÷ ö ÿ ý ô � ú ý ø � ø � � ö � ö � � � ö ô ù � ô � ø ý ø� ø � � � ö ý ö ô û ö � ù ö ö ü ÿ þ ø � ü ô � � ø ù ú ô ÿ û ý ó ö ÿ � ø � � � ö ý ö û � � � ô � ý ö ù � � ö � ù ö ö ü ÿ þ ø � ü ô � � ø ù ú ÷ ü ý ó ô � ø ÿ � ö ÿ ý ù ô ý ü ø ÿ ü ÿ � ö ù ü ô ý ù ü � � ü ÿ � � � � � ò ÿ ø ÷ ù ö � ù ö � ö ÿ ý� � ø � ö ý ø � � þ ö ÿ ü ø ù � ü ý ü � ö ÿ � ô ý � � ÿ ý ö ù � � ø ø û � � ö � � ø ÷ � ó ü � � ø � � ö � ô � ø ÷ ü ÿ � ø � ö ü ÿ û ö � ö ÿ û ö ÿ ý � ö ÿ ü ø ù ô � ô ù ý � ö ÿ ý � ø � � � ö � � � ó ö ù ö ô ù ö � � � ô ÿ � � ô � ö �� ø ú ö ÿ ô ý � � ÿ ý ö ù � � ø ø û � � ö � � ø ÷ � ó ü � � ø � � ö ô ÿ û ÷ ö ö � ù ô � ö ö õ ö ù � ø ÿ ö � ó ö ù ü ý ô � ö �ò ó ô õ ö � ö ù õ ö û ø ÿ � ö õ ö ù ô � ø ô ù û � ô ÿ û � ø � � ü ý ý ö ö � � ò ÷ ô � ý ó ö � ó ô ü ù � ö ù � ø ÿ ø ù ý ó ö þ ö ÿ ü ø ù � � � ø ü ÿ � ø � û ø � ÿ � ø � ÿ ý � ø ù ý ÷ ø � ö ô ù � ô ÿ û ù ø � � ó ý ü ý ù ø � �õ ö ÿ û ø ù � ý ø ý ó ö � � � � õ ö ÿ û ø ù � ý ø û ô ý ö � ò � ö ù õ ö û ø ÿ ý ó ö � ô ù ý ÿ ö ù � ó ü � � ø � � ü ý ý ö ö � ü ÿ � ô ü ù ô � � ø � ÿ ý � � ò ô � � ø û ü ù ö � ý ö û ô ÿ û ó ø � ý ö û ô � � ó ø � ù ý ö � ö ý ó ø ÿ ý øù ô ü � ö � ø ÿ ö � ø ù ý ó ö � � � ø � ÿ û ô ý ü ø ÿ �

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Lake Use Request – 2015 Virginia Polar Dip



1


CONSENT CALENDAR ITEM 5: Lake Use Request – 2015 Virginia Polar Dip


Board Motion: Move to approve the request of Camp Sunshine, in coordination with the Lake Anne Merchants Association (LARCA), to hold its annual winter fundraiser, the “Polar Dip”, in Lake Anne on Saturday, February 7, 2015, under the condition that LARCA and Camp Sunshine meet the following conditions:

a. Liability waivers (approved and/or supplied by the Association) and other appropriate documentation required by Reston Association’s General Counsel must be signed by each person participating in the event prior to the event date.

b. A Certificate of Insurance (with minimum limits stipulated by the Association) must be supplied naming the Association an additional insured prior to the event date.

c. Notice shall be provided to swimming event participants by the Association and event sponsor disclosing that the Association does not "maintain" the water quality of the Lake(s) to swimming standards.

d. The event’s sponsors, LARCA and Camp Sunshine, are required to provide supervision for the event, e.g., a specified number of rowboats (with senior lifesaving occupant) based on the length of the course and number of participants.

e. Lifeguards hired or used by the event sponsors must have current certifications, and, upon request by the Association, proof of certification will be supplied.

f. The event’s sponsors must notify Fairfax County Fire and Rescue of the pending event, no less than ten days prior to the event date. The sponsors must have certified rescue divers on hand for the event.

g. Any incurred costs to hold the event shall be borne by the sponsoring applicant/organization.

h. Reston Association reserves the right to cancel/postpone the event for any reason including but not limited to poor environmental or weather conditions (blinding snow, ice storm, etc.).

BACKGROUND Over the past several years, the Lake Anne Merchants Association has requested the use of Lake Anne to host a Polar Dip to benefit Camp Sunshine; a non-profit organization located on the shores of Sebago Lake in Casco, Maine. It is a retreat for children with life threatening illnesses and their entire families. It is the only program of its kind in the nation. Participating families have a child diagnosed with cancer, kidney disease, lupus, or other life-threatening illnesses. Each week of camp for 40 families includes workshops for adults, recreational opportunities for children and parents, and 24-hour on-site medical and psychosocial support. There is no charge to the participating families for this exceptional retreat. Events like the Polar Plunge raise funds to cover participating families, and the majority of camp activities are run by volunteers.


2

The Merchants Association would like to hold the event again at Lake Anne on Saturday, February 7, 2015. BOARD AUTHORITY As per Common Area Rules & Regulations Resolution 2 on Lake Use & Access, each application for swimming events is to be considered by the Board of Directors on a case-by-case basis. BUDGET IMPACT No direct budget impact is anticipated at this time.


Amendments to Member Rights Resolution 2; Access to Books & Records



1


CONSENT CALENDAR ITEM 6: Amendments to Member Rights Resolution 2; Access to Books & Records


Board Motion: Move to approve the proposed amendments to Member Rights Resolution 2; Access to Books & Records.

BACKGROUND As a result of changes made by the Virginia General Assembly to the Non-Stock Corporation Act regarding member access to books and records, the Association’s current rules on addresses member requests for access must be amended. See attached for amendments to Member Rights Resolution 2; Access to Books & Records. BUDGET IMPACT No budget impact is anticipated. STAFF RECOMMENDATION Staff recommends approval of the proposed amendments to Member Rights Resolution 2; Access to Books & Records.

Member Rights Resolution 2 1 Member Access to Association Records October 25, 2007November 20, 2014

Member Rights Resolution 2 Member Access to Association Books and Records

WHEREAS, the Board of Directors is responsible for the administration and operation of the Association consistent with the amended provisions of the Reston Documents; and WHEREAS, Section III.2(e) of the First Amendment to the Deed of Amendment to the Deeds of Dedication of Reston (“Amended Reston Deed”) delineates that it is a purpose of the Association to do any and all lawful things and acts that it, in its discretion, may deem to be for the benefit of the Property and the Owners and inhabitants thereof; and WHEREAS, Section III.2(f) of the Amended Reston Deed delineates that it is a purpose of the Association to exercise the powers now or hereafter conferred by law on incorporated property owners associations including those powers specified in the Virginia Nonstock Corporation Act and the Property Owners Association Act (“POAA”), as may be necessary or desirable to accomplish the purposes set forth above; and WHEREAS, Section III.3 (b)(6) of the Amended Reston Deed gives Reston Association Members the right to examine Reston Association’s books and records with certain exceptions, in accordance with the procedures set forth in the POAA, as may be amended. NOW, THEREFORE, BE IT RESOLVED, that the following procedures shall govern a Member’s access to the Association’s books and records:

A. Member Request for Books and RecordsDocuments.

1. Members may request to inspect the Association’s books and records by completing the “Books & Records Inspection Request Form (Attachment A) and submitting such form to the Chief Executive Officer (“CEO”). Such request shall include a brief description by the Member reasonably identifying the purpose for the request and the books and records requested.

2. The CEO shall review the completed “Internal Request For Inspection of Association Books & Records” within ten (10)five business days and, if approved, shall allow the requesting Member access to the books and recordsdocuments for examination during regular business hours.

3. If the CEO determines there are no books and records responsive to the request made, or that the books and records documents are deemed privileged, or otherwise protected by law or the Reston Documents from disclosure, the CEO shall, within ten (10)five business days, deny the Member’s request in a letter which explains the reason for denial.


i. The Member may appeal such decision to the Association’s Board of Directors by filing a written appeal with the Secretary.

ii. The Board of Directors shall consider the appeal at its next Regular Meeting, which occurs more than twenty-one days after receipt of the appeal.

B. Request for the Creation of Reports. It shall be the policy of the Association that staff will not compile data from files, nor extract or analyze information contained in files nor create new files, in response to a request.

1. Under exceptional circumstances, however, the CEO may permit such work to be done, provided, however that, the cost of staff time spent in such work shall be paid by the requesting Member at the staff person’s hourly pay rate, payable upon delivery of the requested material.

2. Staff shall have the authority to preview files as necessary for privileged matters and gather specific existing files on the topics requested by the Member, and in order to protect the files, be present at all times while a Member is inspecting the files.

C. Books & Records That May be Withheld. In accordance with Section 55-510.C. of the POAA,

books and records kept by or on behalf of the Association may be withheld from inspection and copying to the extent that they concern:

1. Personnel matters relating to specific, identified persons or a person's medical records;

2. Contracts, leases, and other commercial transactions to purchase or provide goods or services, currently in or under negotiation;

3. Pending or probable litigation. Probable litigation means those instances where there has been a specific threat of litigation from a party or the legal counsel of a party;

4. Matters involving state or local administrative or other formal proceedings before a government tribunal for enforcement of the association books and recordsdocuments or rules and regulations promulgated pursuant to Section 55-513 of the POAA;

5. Communications with legal counsel which relates to subsections 1 through 4 above or which is protected by the attorney-client privilege or the attorney work product doctrine;

6. Disclosure of information in violation of law;

7. Meeting minutes or other confidential records of an executive session of the Board of Directors held in accordance with subsection C of Section 55-510.1 of the POAA;

8. Documentation, correspondence, or management, or reports of the Board of the Directors compiled for or on behalf of the Association or the Board of Directors by its agents or committees for consideration by the Board of Directors in executive session; or

9. Individual Member files, other than those of the requesting Member, including any individual Lot Owner's or Member's files kept by or on behalf of the Association.


D. Copy Fee. Prior to providing copies of any books and records to a Member, the Association may impose and collect a charge, reflecting the reasonable costs of materials and labor not to exceed the actual costs thereof.

ATTEST: Resolution was adopted at a Regular Meeting of the Reston Association’s Board of Directors held on November 16, 2006; and amended on October 25, 2007; and on November 20, 2014.

Cate L. Fulkerson

___________________________________________________________________

Assistant Secretary


REQUEST FOR INSPECTION OR COPIES OF

ASSOCIATION BOOKS AND RECORDS

Owner Name:

Date of Request:

Community Address: Mailing Address (If Different): Contact Telephone//Email Address:

Pursuant to the provisions of Section 55-510 of the Virginia Property Owners Association Act (“POAA”), I hereby request that the Reston Association provide me access to the following books and records of the Association:

Check here if Additional Sheets are attached:

Check here if you want copies of requested records mailed without prior inspection:

So that the Association can provide you with the most accurate and pertinent information, please outline the reason for your request:

I certify that my request to inspect the books and records of the Association is for a proper purpose related to my membership in the Reston Association, and that this request is not for commercial or other improper purposes. I understand that: a) the Association has up to ten (10) 5 business days to produce the requested books and /or recordsdocuments for inspection, and; b) the inspection of the books and/or records shall take place at the office of the Reston Association, and; c) I may request photocopies of any document inspected at a cost which will only reflect the reasonable costs of materials and labor. . Signature of Owner:

Date:


REQUEST FOR INSPECTION OF ASSOCIATION BOOKS AND RECORDS

For Association Use Only

Reston Association Review and Approval of Inspection Request: (Check one)

All requested books and records documents fall within the purview of documentsbooks and recordsdocuments available to Members for inspection and copying and will be provided for inspection.

None of the requested books and recordsdocuments fall within the purview of books and records documents available to Members for inspection and copying and will not be provided for inspection.

Some of the requested books and records documents fall within the purview of documents available to Members for inspection and copying and will be provided for inspection. Those records requested for inspection which will be provided are as follows:

The Association has no books and/or records responsive to the request. Signature of Reston Association +CEO:

Date:

Date Books and/or Recordsdocuments made available for inspection:

Date Books and/or Recordsdocuments actually inspected:

DRequested Books and/or Recordsocuments were inspected, but no copies were requested

DRequested Books and /or Records ocuments were inspected and ___________ pages were copied and delivered to requestor or agent after payment of copy fee.

Copies were mailed without prior inspection pursuant to request. Date Mailed: ______________________________ (List Bppls Books and/or Recpordsdocuments copied on reverse side of this form)

Signature of employee monitoring inspection in accordance with Inspection Policy:


LIST OF BOOKS AND/OR RECORDSDOCUMENTS COPIED


Proposed Assessments & Finance Resolution 12; HOA/PUD Questionnaire Fees



1


CONSENT CALENDAR ITEM 7: Proposed Assessments & Finance Resolution 12; HOA/PUD Questionnaire

Fees


Board Motion: Move to approve the proposed Assessments & Finance Resolution 12; HOA/PUD Questionnaire Fees.

BACKGROUND One of the many tasks managed by the RA Covenants Team is responding to requests for HOA/PUD questionnaires from financial institutions processing home buyer loans. Lenders use information from these questionnaires to determine whether the home or unit in a project they are mortgaging meets certain, specific criteria. Generally, each lender has its own unique form, which is a legally binding document. Often times these forms can take a great deal of staff time and other resources. In an effort to reduce the amount of time spent by RA staff responding to these requests, staff, in coordination with legal counsel, has drafted the attached proposed Assessments & Finance Resolution 12; HOA/PUD Questionnaire Fees, which provides a Standard HOA/PUD Questionnaire Form with all of the information typically required by mortgage and title companies. If approved by the Board of Directors, this form will be made available to lenders through RA’s website free of charge. Alternately, for lenders who require that a special form be completed by the Association, RA will charge a fee in accordance with the attached HOA/PUD Questionnaire Fee Schedule and as delineated in the draft resolution. BUDGET IMPACT On average staff receives just over 1,000 requests per year. Of these, about 40 percent request additional information. As such, the anticipated revenue from requests could be about $4,000 per year. STAFF RECOMMENDATION Staff recommends approval of the proposed Assessments & Finance Resolution 12; HOA/PUD Questionnaire Fees.

See the attached for draft resolution, standard questionnaire form, and special questionnaire request form.

Assessments & Finance Resolution 12 Standard HOA/PUD Questionnaire Response to Lenders XXXXXXXXXXXXXX, 2014

DRAFT Assessments & Finance Resolution 12 Standard HOA/PUD Questionnaire Response to Lenders

WHEREAS, the Board of Directors is responsible for the administration and operation of the Association consistent with the amended provisions of the Reston Documents; and WHEREAS, from time to time, RA is requested by lenders and others to provide information regarding the Association for their consideration in underwriting a loan or loans, such requests oftentimes coming in the form of a questionnaire (“HOA/PUD Questionnaire” or “Questionnaire”); and WHEREAS, RA has determined that it would be appropriate in order to streamline the process to develop and provide, as necessary and requested, a standard form response (“Standard Response”) to such written lender Questionnaires which would substantially respond to the inquires made by individual lenders, rather than responding individually to every request made by every lender; and WHEREAS, RA wishes to adopt such a Standard Response and to offer it to lenders interested in obtaining the information contained therein. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors on behalf of RA adopts the Standard Response attached hereto as Exhibit A and incorporated by reference herein, as the response offered to lenders requesting information pertaining to the Association; and PROVIDED FURTHER, that RA staff is directed to update the pertinent information contained in the Standard Response as necessary and appropriate from time to time. ATTEST: Resolution was adopted at a Regular Meeting of the Reston Association’s Board of Directors held on ________________________. ___________________________________________________________________

Assistant Secretary

DRAFT Standard HOA/PUD Questionnaire Reston Association

The below form is Reston Association’s standard HOA/PUD Questionnaire and should provide information typically required by mortgage/title companies. The information provided below concerns the Reston Association only as the master (umbrella) association. If the property is a condominium or located in a town home cluster, you should also contact the condo or cluster association directly. It is the policy of Reston Association to provide all information and documents required by the Association’s Governing Documents and the Virginia Property Owners’ Association Act (POAA) upon the sale of a property. This information is available for purchase through our website: www.reston.org. Project Name and Address: Reston Association 12001 Sunrise Valley Drive Reston, VA 20191 (703) 435-6530, fax: (703) 435-6516 1. Reston Association is a Planned Residential Community (“PRC”).

2. Voting control of the Board of Directors was turned over from the builder/developer in 1981.

3. Each Lot Owner’s membership in the Reston Association is automatic and mandatory.

4. Each Lot Owner owns his/her lot.

5. As originally conceived, all Lots and Common Areas are complete.

6. The Association is not a conversion of an existing building.

7. As of the date of the issuance of this Questionnaire, the Association is not aware of or involved with any material litigation, other than assessment collection and covenant enforcement actions.

8. The Association owns all common area/facilities.

9. Lot Owners have a conditional easement right to use the Common Area/Project Facilities.

10. No single investor or entity owns more than ten percent (10%) of the total units in the project.

11. The current annual assessment for 2014 is $634.

12. The current transfer fee is $265.

13. There are currently no planned special assessments.

14. The Association does not operate as a hotel/motel.

15. No more than twenty (20%) of the project’s total space is used for non-residential purposes.

Reston Association, 12001 Sunrise Valley Drive, Reston, Virginia 20191 Telephone: 703-435-6530 Fax: 703-673-2040 Email: [email protected] Web: www.reston.org

HOA/PUD Questionnaire Request Form Reston Association

Property Address: ________________________________________________________________________

Owner(s) Name: _________________________________________________________________________

Borrower(s) Name: _______________________________________ Closing Date: ____________________

Requestor Name: ________________________________________________________________________

Name of Company: _______________________________________________________________________

Company Address: _______________________________________________________________________

Email: _________________________________________________________________________________

Phone Number: _________________________________________________________________________

Fax Number: ____________________________________________________________________________

Reston Association’s PUD Questionnaire Fee Schedule:

· Reston Association Standard Form – FREE (available at www.reston.org) · Lender Specific Form - $100 (attach copy of form to this request) · Rush Delivery – additional $50 fee

Payment Information (payment must be received in order to process the request) Paid By: Personal Check Certified Check Money Order Visa Master Card Cardholder Name: ____________________________________________________ Card Number: ___________________________________________ Exp. Date: __________ CCV: ________

Office Use Only

Request Made By: Email Fax Phone In Person Date Received _______________ Request Number: ___________________

Delivery Method: Fax Email

Delivery Time Frame: Standard (3-4 business days) - $100 Rush (1-2 business days) - $150

Supported Strategic Objective: Change & Opportunity To promote the Essential Elements of

Reston as standards for the development, redevelopment and revitalization of our community.

2. Continuously advocate for an increase in the number of multi-modal transportation facilities in the Reston community.


Proposed Letter on Wiehle-Reston East Station Remaining Pedestrian &

Bicycling Improvements Ken Knueven, President


1


CONSENT CALENDAR ITEM 8: Proposed Letter on Wiehle-Reston East Station Remaining Pedestrian &

Bicycling Improvements


Board Motion: Move to direct staff to send the attached letter to improve bicycle and pedestrian access to the Wiehle-Reston East Metro Station, as drafted by the Pedestrian & Bicycling Advisory Committee (PBAC) and the Transportation Advisory Committee (TAC), to be signed by Ken Knueven as President of the Reston Association to the appropriate Fairfax County officials, staff, and agencies.

BACKGROUND In an effort to further improve bicycle and pedestrian access to the Wiehle-Reston East Metro Station, the Pedestrian & Bicycling Advisory Committee (PBAC) and the Transportation Advisory Committee (TAC) recommend that the Board of Directors direct staff to send the attached letter to be signed by Ken Knueven as President of the Reston Association to the appropriate Fairfax County officials, staff, and agencies. See the attached letter. BUDGET IMPACT No direct financial impact to the Association is anticipated at this time. STAFF RECOMMENDATION Staff has reviewed the content of the letter with the chairs of the PBAC & TAC and recommends that it be sent to the appropriate Fairfax County officials, staff, and agencies.




Mr. Tom Biesiadny, Director Fairfax County Department of Transportation (FCDOT) Centerpointe 1 Office Building 4050 Legato Road, 4th Floor Fairfax, Virginia 22033-2867 October 17, 2014 RE: Bicycle and Pedestrian Access to Wiehle-Reston East Metro Station Dear Mr. Biesiadny: Like you and your dedicated staff, Reston has been thrilled to welcome the Silver Line’s arrival and embark on a new era in Fairfax County transportation. We share in your department’s enthusiasm and are thankful for the diligent work and ongoing investments being made in the area implementing many of the Reston Metrorail Access Group’s (RMAG) recommendations. We further appreciate your commitment to a dialogue with us in understanding local station access issues through your participation in the Hunter Mill District Transportation Advisory Council. Now that the Silver Line has been in service for over 12 weeks, several issues have been identified by community members that directly impact safe and convenient bicycle and pedestrian access to the Wiehle-Reston East Metro Station. An attachment to this letter details our concerns and provides realistic and potentially implementable solutions for your department’s consideration. We respectfully request that these issues are examined and coordinated as necessary with other stakeholder organizations such as VDOT, MWAA, WMATA and Comstock Partners. On behalf of the Reston Association, I want to thank you and your staff for your existing efforts and considering our requests. We are thankful to have a strong partner at FCDOT and would be glad to meet with you or your staff, including on-site in the field, to further discuss these challenging access issues for cyclists and pedestrians. Please do not hesitate to call me at (XXX-XXX-XXXX) or e-mail me at [email protected]. On Behalf of the Board of Directors of the Reston Association, First Name, Last Name Title CC: Hon. Catherine M. Hudgins, Fairfax County, Hunter Mill District Supervisor

Ms. Maggie Parker, Comstock Partners Mr. Randy Dittberner, VDOT Regional Traffic Engineer Reston Association Pedestrian and Bicycling Advisory Committee Reston Association Transportation Advisory Committee

Attachment: Wiehle-Reston East Station Bicycle and Pedestrian Access Issues Discussion

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Wiehle-Reston East Station Bicycle & Pedestrian Access Issues Discussion

This attachment details bicycle and pedestrian safety and access issues and potential solutions for further study (and/or action) identified at the Wiehle-Reston East Metro station and immediate vicinity. When locations are in close proximity to previously identified Reston Area Metrorail Station Access Improvement Projects, the map and list maintained by FCDOT is referenced, as shown on page 2. Where possible and relevant, supporting guidance documents are cited.

Table of Contents Page Reston Area Metrorail Station Access Improvement Projects Map

Wiehle Avenue and Sunrise Valley Drive

Wiehle Ave and Eastbound Dulles Toll Road off-ramp

Wiehle Avenue and Westbound Dulles Toll Road on-ramp

Wiehle Avenue and Reston Station Boulevard

Wiehle Avenue and Sunset Hills Road

Sunset Hills Road and Metro Center Drive/Isaac Newton Square West

Wiehle-Reston East Station Driveways and Wayfinding

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Reston Area Metrorail Station Access Improvement Projects Map

Source: Fairfax County Department of Transportation

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Wiehle Avenue and Sunrise Valley Drive (Map ID nos. 23 & 24) With the opening of the Silver Line, pedestrian traffic at this intersection has increased considerably. We are very thankful for the previous completion of significant improvements at this intersection which included a new traffic signal and upgraded crosswalks. However, due to the heavy volume and speeds of right-turning vehicles from southbound Wiehle Ave. to westbound Sunrise Valley Dr., the consequent low rate of drivers yielding to pedestrians presents a stressful and challenging environment for the critical crossing of this channelized free flow right turn, as shown in Figure 1. In addition to the existing black and neon yellow pedestrian crossing advisory signs shown, there is a “Yield to Pedestrians in Crosswalk” advance white and black advisory sign shown in Figure 2. Relocating both the advisory signs and regulatory sign closer to the actual crossing location shown would reinforce the right of way for pedestrians and the expectation of drivers to yield.

Figure 1 (left) – Free flow right turn: southbound Wiehle Ave to westbound Sunrise Valley Dr. Figure 2 (right) - Advance regulatory sign at Wiehle Ave./Sunrise Valley Dr.

A potential near term solution is the addition of advance yield line pavement markings (triangle shaped “sharks teeth”) accompanied by “Yield Here to Pedestrians” signs as shown in Figure 3.

Figure 3 – Example of advance yield line and signs for uncontrolled crosswalk

Source: Adapted from the 2009 Manual of Uniform Traffic Control Devices (MUTCD)

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Another near term improvement at this location could be the addition of Rectangular Rapid Flashing Beacons (RRFBs) which VDOT has received interim approval for by the Federal Highway Administration (FHWA). These high intensity flashing LED lights activated only by a pedestrian when crossing (as opposed to passively flashing light and signs) have been shown to dramatically increase driver yielding behavior throughout the United States. This treatment is shown in Figure 4. These would be combined with the existing black and neon yellow pedestrian crossing advisory signs shown in Figure 1 previously. Figure 4 – Example of RRFBs installation at uncontrolled crosswalk

Source: City of Bloomington, Indiana

A longer term solution with the potential to reduce vehicle travel speeds and drastically improve driver yielding behavior could include the reconstruction of the crosswalk as a raised speed table. This treatment is used extensively in conjunction with

channelized right turns in bicycle and pedestrian friendly Boulder, Colorado and is shown in Figure 5. Results from Boulder’s own studies regarding the effectiveness of this treatment are summarized at the following link: http://www.pedbikeinfo.org/data/library/details.cfm?id=3722

Figure 5 – Raised crosswalk or “speed table” example

Source: National Association of City Transportation officials (NACTO)

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http://www.google.com/url?q=http%3A%2F%2Fwww.pedbikeinfo.org%2Fdata%2Flibrary%2Fdetails.cfm%3Fid%3D3722&sa=D&sntz=1&usg=AFQjCNH2AzA7pJDzXZ_5k2EqAQ0UIPhtJw

http://www.google.com/url?q=http%3A%2F%2Fwww.pedbikeinfo.org%2Fdata%2Flibrary%2Fdetails.cfm%3Fid%3D3722&sa=D&sntz=1&usg=AFQjCNH2AzA7pJDzXZ_5k2EqAQ0UIPhtJw

Wiehle Ave and Eastbound Dulles Toll Road off-ramp (Map ID nos. 27 & 29) We are similarly thankful for the improvements previous delivered to this intersection when the westbound Dulles Toll Road was reconstructed, including the right turn on red prohibition for vehicles and transit buses. However the compliance of drivers with this regulation in part depends on the visibility of associated signage. With this in mind, it appears the “No Turn On Red” sign located on the right hand side of the approach on the nearside of the intersection is obscured by a blue motorist services sign reading “Gas-Food-Lodging” as shown in Figure 6. Figure 6 – Obstructed view of “No Turn on Red” regulatory sign.

If it is determined that this blue sign is still needed, a potential solution is to relocate the sign to the same post as the “No Turn on Red Sign”. This would be consistent with a similar sign combination at the westbound Dulles Toll Road off-ramp adjacent intersection (Map ID no. 4) as shown in Figure 7.

Figure 7 – Combined signs at eastbound Dulles Toll Road off-ramp

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Wiehle Avenue and Westbound Dulles Toll Road on-ramp (Map ID no. 4) We understand that the currently unsignalized bicycle and pedestrian crossing of the westbound Dulles Toll Road on-ramp will be improved as part of FCDOT project no. RMAG-097. We ask that the county please continue to keep us informed as design proceeds and we would appreciate the ability to provide constructive feedback while being mindful to help keep the project on schedule and budget. The current configuration is shown in Figure 8. Figure 8 – Southbound Wiehle Ave. right turn and westbound Dulles Toll Road on-ramp

In the interim a low cost improvement that could potentially be implemented is the installation on the right of a warning/regulatory sign such as one of the options shown in Figure 9. Ideally two signs would be installed, one directly in line with the driver’s view on the far side of the intersection (either overhead on the signal span wire or in the vicinity of the green guide sign) and another located nearside to the right of the turn lane just prior to the on-ramp and crosswalk. We please ask that this low cost countermeasure be considered while the larger signal upgrade project is still under development. Figure 9 – Options for signs warning turning drivers of pedestrian and bicycle crossing traffic

Source: 2009 Manual of Uniform Traffic Control Devices (MUTCD); Urban Residue blog (New York City, NY)

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Wiehle Avenue and Reston Station Boulevard (Map ID nos. 17 and 18) The intersection of Wiehle Ave. and Reston Station Blvd. sees heavy pedestrian and bicycle traffic, typically coming from and heading toward the W&OD trail. The primary crossing movement is shown in Figure 10.

Figure 10 – View of Reston Station Blvd crossing looking south

Due to the heavy turning movements of vehicles and the conflict that exists, a potential near term solution is to prohibit right turns on red (at all times) with signage on both the traffic signal mast arm as well as nearside in proximity to the stop bar. Then a leading pedestrian interval green indication for the crossing movement could potentially be provided that would allow users a “head start” and put them in better view of turning drivers once the green light for permissive vehicle right turns begins. An example of this countermeasure is shown in Figure 11.

Figure 11 – Example leading pedestrian interval safety countermeasure

Source: FHWA Office of Safety

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An additional issue identified at this location is that while the sidewalk shown previously in Figure 10 appears to continue around the corner to the west (along the northern side of Reston Station Blvd.) it currently ends short of the station with no crossing or accessible curb ramp provided. This situation is shown in Figures 12 and 13. Due to the potential for visually impaired or mobility device users to mistake this sidewalk for usable and accessible path, a temporary barrier and/or sign guiding users to the crosswalk shown previously in Figure 10 may be warranted until a future connection is made. Figure 12 (left) – View toward the west of sidewalk along north side of Reston Station Blvd. Figure 13 (right) – View toward the east of abrupt end of sidewalk with no crossing provided.

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Wiehle Avenue and Sunset Hills Road (Map ID nos. 20, 21 and 32) This is an extremely challenging intersection for travelers on foot or bike. With over eight lanes to cross on Sunset Hills alone, the stressful experience faced by many cannot be overstated. While “No Turn On Red” black and white regulatory signs (with an additional “When Pedestrians Are Present” sign plaque) have been installed on several approaches, field observations indicate that compliance by drivers is very low. An example at the southwest corner of the intersection is shown in Figure 14. Additionally a much smaller sign with the potential for being overlooked by drivers is located on the southbound approach to the intersection as shown in Figure 15.

Figure 14 (left) – Signage at eastbound Sunset Hills Rd. right turn and Wiehle Ave. Figure 15 (right) - Small regulatory signage at southbound Wiehle Ave. and Sunset Hills Rd.

This pathway and crossing is a major connection for travelers on both bike and foot to and from the W&OD trail as well as points north in Reston. In keeping with the County’s vision for multimodal-minded design in transit station activity centers, the “When Pedestrians Are Present” signage is potentially redundant and may lead to confusion for drivers if cyclists are also present waiting to cross the intersection. It therefore may be better to eliminate this additional sign plaque while retaining the right turn on red restriction at all hours. Additional measures that could be taken include: - Relocating the sign in Figure 14 to the buffer space between curb and sidewalk

- Upgrading the sign shown in Figure 15 to the same size as the one in Figure 14

- Using an appropriate post mounting height to maintain a path clear of vertical and lateral obstructions for pedestrians and cyclists on the sidewalk

- Installing the same sign on the overhead traffic signal mast arms

- Providing a leading pedestrian interval for the crossing (see discussion below) Combined with the existing right turn on red restriction, a leading pedestrian interval green indication for this heavily used Sunset Hills Rd. crossing (and potentially Wiehle Ave. also) movement could potentially be provided that would allow users a “head start” and put them in better view of turning drivers once the green light for permissive vehicle right turns begins. An example of this countermeasure was shown previously in Figure 11.

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Sunset Hills Road and Metro Center Drive/Isaac Newton Square West (Map ID Nos. 1, 22 and 28) Since the opening of the station and the on-site Fairfax County secure “bike room”, perhaps the most heavily used connection for cyclists and many pedestrians has been to the W&OD via Metro Center Dr. Similar to the aforementioned difficulties faced at the Reston Station Blvd. and Sunset Hills Rd. intersections with Wiehle Ave., this signalized intersection could benefit dramatically from right turn on red restrictions and a leading pedestrian interval for the crossing. The intersection approaches and crossing are shown in Figure 16 and 17. Combined with a right turn on red restriction, a leading pedestrian interval green indication for this heavily used Sunset Hills Rd. crossing movement would allow users a “head start” and put them in better view of turning drivers once the green light for permissive vehicle right and left turns begins. An example of this countermeasure was shown previously in Figure 11. Figure 16 (left) – Southbound Isaac Newton Sq. West approach to Sunset Hills Rd. Figure 17 (right) – Crossing of Sunset Hills Rd. through intersection

Additionally, due to the heavy volume of pedestrians using the “shared use” sidewalk along Metro Center Dr., many cyclists choose to avoid this conflict and ride in the roadway. When doing this, cyclists have reported difficulty in being detected by the signal detection loops embedded in the pavement. This has led to erratic and often aggressive behavior by drivers coming from the Isaac Newton Square business park wanting to take a right onto westbound Sunset Hills Rd. or on the opposite approach wishing to turn right onto eastbound Sunset Hills Rd. from Metro Center Dr. Drivers have been reported using their horn, make profane hand gestures, shouting and swerving their vehicle abruptly around the waiting cyclists in order to turn around them from the left most lane to register their displeasure with cyclists otherwise peacefully and lawfully using the intersection. For these reasons, a short term solution could be to investigate the sensitivity of the signal loop detectors and if cyclists are able to be detected, an MUTCD-compliant pavement marking and sign as shown in Figure 18 and 19 could be installed.

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Figure 18 (left) – Example of pavement marking for cyclist detection at traffic signal Figure 19 (right) – MUTCD compliant pavement marking and accompanying sign

Sources: left - Gary Rides Bikes blog (Santa Monica, CA); right - 2009 MUTCD Wiehle-Reston East Station Driveways and Wayfinding The final issues identified affect the station facility itself and would likely need to be coordinated with representatives from Comstock. This includes a gutter pan design that could represent a hazard for cyclists accessing the bike parking room or the ramp leading to the “plaza level”. An illustration of this gutter pan is shown in Figure 20. Because of the risk this “lip” poses to a bicycle wheel, if it is determined that drainage would not be overly impacted, a possible solution would be to “grind” down the feature until a smoother transition in the gutter pan can be achieved.

Figure 20 – Driveway gutter pan “lip” example at station

As bicycle and pedestrian traffic continues to make up a significant number of station users, the installation of wayfinding signage that would help to direct users to and from such features at Wiehle Ave., Sunset Hills Rd. and the W&OD trail merit investigation. We know FCDOT shares the Reston community’s desires for all users to have a safe and pleasant visit to the area and we would be happy to assist the county in the design of a small but immensely beneficial and effective wayfinding program in the station vicinity.

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Fairfax County Bus Stop Easement Request


Reston Association - Regular Board Meeting Agenda Item Summary Prepared By/Date: Sabrina Tadele & Larry Butler/November 12, 2014

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CONSENT CALENDAR ITEM 9: Fairfax County Bus Stop Easement Request


Board Motion: Move to dedicate a portion of Common Area, Section 4, Parcel 1-A and grant grading and temporary construction easements over RA Common Area Section 4, Parcel 1-A to Fairfax County to make bus stop improvements including a concrete pad and related appurtenances, subject to review and approval by RA’s legal counsel and Design Review Board.

BOARD AUTHORITY In accordance with Deed Section IV.2(g) the Board of Directors has the right to grant easements or the right of access over the Common Area. As such, the Board must vote to grant the necessary easements and conveyances for this project.

BACKGROUND As part of the County’s efforts to improve transit access and facilities, RA, and in particular the Design Review Board, has been approached by the County for several bus stop improvements. Most are in the rights of way and some implicate private property. This particular one has very minor impacts on RA common area, including some minor grading and tree impact. Staff will be evaluating the site drawings to determine what, if any, changes may be required to reduce these impacts prior to it going to DRB. If changes are required which impact the extent of the easements and dedication, this item will be not be forwarded to the Full Board.

BUDGET IMPACT This easement request has almost no budget impact. The County has offered compensation of $1,300.00 for the dedication and easement rights, which are immediately adjacent to the Lawyers Road right of way.

STAFF RECOMMENDATION RA staff recommends forwarding to the full Board of Directors for action and subsequent approval of the dedication and easements, subject to review and approval by legal counsel and the Design Review Board.

A photo and highlighted plat of the area and location are attached.





2

Approximate location of bus stop improvements, dedication and easement requests.

RA property line – approximate.


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55+ Advisory Committee Work Plan for 2014-2015



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CONSENT CALENDAR ITEM 10: 55+ Advisory Committee Work Plan for 2014-2015


Board Motion: Move to approve the 2014-2015 work plan of the 55+ Advisory Committee.

BACKGROUND During their September and October meetings, the 55+ Advisory Committee worked to prepare the attached DRAFT 2014-2015 work plan for review by the Board Planning Committee and Board of Directors. On Monday, November 3, 2014, 55+ Advisory Committee Co-Chair Liz Bolton presented the committee’s draft work plan to the Board Planning Committee. The Board Planning Committee (BPC) recommended one amendment to the work plan affecting Item 1 only. See the attached draft work plan, including BPC amendment.

BOARD AUTHORITY In accordance with Committees Resolution 4; Board Committees, an advisory committee “will submit [its] annual work plan to the BPC for review prior to it being forwarded to the Board of Directors for review and approval.” Also note that “the Board of Directors may, by a majority vote, task a committee with activities in addition to those included in its annual work plan.” BUDGET IMPACT Items #4 and #5 in the 55+AC Draft 2014-2015 Work Plan require support from staff. Item #4 may require up to an estimated 30 hours from staff in Covenants and Communications/Member Services Departments. Item #5 may require up to 2 hours of time from the Board & Committee Liaison. STAFF RECOMMENDATION Staff recommends approval of the draft 2014-2015 work plan for the 55+ Advisory Committee.

Reston Association 55+ Advisory Committee 1 Work Plan November 2014 - December 2015

55+ Advisory Committee DRAFT Work Plan November 2014 - December 2015

55+ ADVISORY COMMITTEE

Description. This 55+ Advisory Committee advises the Board on how to enhance the general welfare and well-being of the Association’s Senior Adults (55 and over) through the promotion and support of Association programs and leisure services.

Responsibilities.

i. Advocates on behalf of and for the Association’s Senior Adults and encourages them to participate in community meetings, public hearings, and other events. ii. Coordinates with area recreation providers and organizations, and encourages information exchange. iii. Reviews and evaluates the Association’s Senior programs, activities, facilities, services, and needs recommending modifications to the Board of Directors and

the CEO, as necessary and appropriate.

New Initiatives for 2014 - 2015

Strategic Goal & Objective

Action Step to Achieve Objective

Anticipated

Completion Date

Status

Community Leadership & Engagement – To be the leader, representing Reston’s interests, promoting partnerships, and fostering community involvement. Objective 1. Regularly engage the diverse elements of the community on issues and opportunities that impact Reston.

1. Develop and execute a plan to provide a comprehensive list of mobility resources available to Reston’s 55+ residents.

a. Participate in the implementation, marketing, and volunteer recruitment for Northern Virginia (NV) Rides, a grant-funded and regionally supported ride-share program for Northern Virginia residents over the age of 65.

March 2015

Programs & Services – To provide high quality programs and services to meet the needs of the Reston community. Objective 2. Continuously evaluate the quality of programs and services to ensure they are valued by the Reston community. AND Technology – To actively meet the needs of our Members, staff and the community through the effective use of technology. Objective 2. Continuously use integrated technologies to improve service delivery, including more efficient and timely communication and faster financial transactions.

2. Begin utilizing fluidsurveys.com to collect participant feedback on 55+ events and evaluate the quality of 55+ programming.

December 2015


Programs & Services – To provide high quality programs and services to meet the needs of the Reston community. Objective 3. As appropriate, develop cost-effective new programs and services.

3. Plan and hold new Education & Fitness events for Reston’s 55+ community.

October 2014

Complete

Sustainability & Community Viability – To effectively manage all resources, resulting in a sustainable and viable community. Objective 3. Continuously preserve the integrity of our neighborhoods and their distinctive characteristics through covenants compliance. AND Community Leadership & Engagement – To be the leader, representing Reston’s interests, promoting partnerships, and fostering community involvement. Objective 1. Regularly engage the diverse elements of the community on issues and opportunities that impact Reston.

4. Plan workshops and seminars to increase awareness amongst Reston’s 55+ population of the importance of the covenants and design review process to aging in place. Topics could include: using the design review process to make necessary modifications to your home, tips for children of 55+ adults helping to maintain their parents’ homes, the process of selling your home, etc. Venues could include Reston Presents and Reston for a Lifetime. Collaboration with RA Covenants Staff is anticipated.

December 2015

Technology – To actively meet the needs of our Members, staff and the community through the effective use of technology. Objective 2. Continuously use integrated technologies to improve service delivery, including more efficient and timely communication and faster financial transactions.

5. With support from RA Staff, create a PowerPoint presentation

showing community participation in 55+AC-sponsored events and programs.

February 2015

Ongoing Committee Activities

In addition to the proposed New Initiatives, the following are some of the on-going/cyclical activities of the 55+ Advisory Committee: - Objective 3 of Programs & Services: As appropriate, develop cost-effective new programs and services.

(Note, the below activities are ongoing, not new initiatives.) o Senior Movie Day (monthly) o Bus Trips to local places of interest (monthly) o Senior Socials (3-4 times a year) o Wine Tasting event at Nature House o Holiday Craft event o Container Planting at Nature House o Antique & Jewelry Road Show o Continue successful Intergenerational program at Nature House


- Objective 1 of Community Leadership & Engagement: Regularly engage the diverse elements of the community on issues and opportunities that impact Reston. o Navigating Local Bus System, educating Reston’s 55+ population on how to use public transit, including the Silver Line, to meet their transportation needs. o Older Americans Month Celebration, encouraging area senior organizations to participate (May each year) o Reston Presents event series (5 times each year)

- Objective 2 of Programs & Services: Continuously evaluate the quality of programs and services to ensure they are valued by the Reston community. o Continually, on an event-by-event basis, evaluate the success of the event and determine whether the event should be continued, adapted, or discontinued

for next year. - Objective 2 of Technology: Continuously use integrated technologies to improve service delivery, including more efficient and timely communication and faster

financial transactions. o Use email advertising to promote awareness and participation in 55+ events and coordinate registration with members.

- Community Leadership & Engagement: To be the leader, representing Reston’s interests, promoting partnerships, and fostering community involvement. o Promote partnerships with other organizations that provide programs and services to the 55+ population in Reston.

Item C

Safe Routes to School – Awards Presentation Sally Smallwood, FCPS SRTS Coordinator

Kelley Westenhoff, Chair, Pedestrian & Bicycling Advisory Committee Ken Knueven, President

Introduction by Kelley Westenhoff, Chair of PBAC: As you may know, Reston was recently designated as a bronze-level Bicycle Friendly Community by the League of American Bicyclists. Out of the application process for that designation came some very specific recommendations for further improvement, which have become implementation goals for Reston Association's Pedestrian and Bicycle Advisory Committee (PBAC). One of the goals that is most fun and rewarding for the committee is working with the Safe Routes to School (SRTS) initiative to encourage parents, teachers, and students to think of ways they can get to school under their own locomotion by bicycling and walking. To encourage the students, the PBAC came up with four awards that the eight Reston elementary schools would compete for. There are two awards for International Walk to School Day in the fall and two for the International Bike to School Day in the spring. For each event, one award is given for the highest number of students who participate on the day of the event, and another is given for the highest percentage of students in a particular school who participate. Because our schools have a wide range of enrollment, this gives every school an opportunity to compete. The awards, designed and made by PBAC member Rick Landers with the assistance of members of Nova Labs, will travel from school to school each year as we celebrate Reston's students who make the healthy choice to walk or bike. Today, we are pleased to present the awards for the 2014 Walk to School Day.

Item D

Public Hearings

1. 2015 Budgets & Proposed Assessment Rates As per Assessment & Finance Resolution 1; Biennial Budget Development Process, the CEO is required to present proposed revisions to the Year Two budgets to the Board of Directors, and hold at least one public hearing on such proposed revisions to allow Members the opportunity to review and comment on the proposed revisions; understand the assumptions used in preparing the revisions; understand the drivers of any assessment increase or decrease; and comment on the process. No change in the 2015 Assessment rate of $642 is being proposed by Staff; however, adjustments and additional project requests are being made to the 2015 Operating and Capital Budgets which were approved by the Board on November 2013. Materials on the 2015 Budgets can be found through the following link.

https://www.reston.org/InsideRA/BudgetFinance/Budget/Default.aspx?qenc=HzT9ACzZbNs%3d&fqenc=kIdjIk2sNMkCnD1D8LBQRA%3d%3d

a. Overview of Reston Association Deed Assessment Formula Requirements Cate Fulkerson, Chief Executive Officer David Harris, Chief Financial Officer

b. Hearing on 2015 Budgets & Proposed 2015 Assessment Rates Ken Knueven, President

2. Proposed Air-Conditioning Unit Covenant Referendum Question

As per the referendum schedule, approved by the Reston Association Board of Directors on September 25, 2014, public hearings are to be held on October 25, and November 20, 2014 regarding the proposed Air-conditioning Unit Covenant Referendum Question. Materials on the draft ballot question and related Fact Sheet are attached and available for view through the following link on the Association’s website.

http://www.reston.org/NewsCenter/NewsReleases/RAReleases.aspx?qenc=if7nvhr4VvfMGWoLtqMQzA%3d%3d&fqenc=HzT9ACzZbNs%3d

a. Presentation of Draft Referendum Ballot and Related Fact Sheet Ken Knueven, President Cate Fulkerson, Chief Executive Officer

b. Hearing on Proposed Air-Conditioning Unit Covenant Referendum Question


Item E

Comments from RA Members & Board

1. Member Comments during Reston Association Board Meetings are reserved for Reston Association residential property owners and renters.

2. When called on by the Board President, speakers are to state their full name and street address.

3. Individual Members, representing their own interest or opinion are allotted approximately three (3) minutes to speak.

4. Individuals speaking on behalf of a homeowners’ group, Reston Association committee, or Reston based organization are allotted approximately five (5) minutes.

NOTE: Comments are timed by the Secretary/Assistant Secretary. An alarm will sound when the speaker’s allotted time, as outlined above, has expired. This is done to ensure all speakers are given equal time at the lectern. The above guidelines are subject to change at the discretion of the President.

Supported Strategic Objective: Sustainability & Community Viability

To effectively manage all resources, resulting in a sustainable and viable community.

1. Annually, develop and allocate appropriate financial resources to sustain and enhance the Association’s physical infrastructure.

Item F

2015 Assessment & Collection Rates Ken Knueven, President

Reston Association – Regular Board Meeting Agenda Item Summary Prepared By/Date: Cate Fulkerson / November 14, 2014

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ITEM F: 2015 Assessment & Collection Rates






Board Motion: Move to adopt proposed amendments (attached) to Assessment & Finance Resolution 2; Assessment Rates & Collection Procedures:

1. Establishing a reduced rate of 50 percent of the Annual Assessment for those property owners who qualifying for a real-estate tax reduction from Fairfax County;

2. Setting the Annual Assessment rate for those who own federally or subsidized units and elder care and assisted living units at $10 below annual rate; and

3. Exhibit A of Assessment & Finance Resolution 2; Assessment Rates & Collection Procedures to reflect the proposed base $642 Annual Assessment Rates, Installment Plan Fees, Collection Fees, and respective due dates for 2015.

BACKGROUND As per Assessment & Finance Resolution 1; Biennial Budget Development Process, the CEO is required to present proposed revisions to the Year Two budgets to the Board, and hold at least one public hearing on such proposed revisions to allow Members the opportunity to review and comment on the proposed revisions, understand the drivers of any assessment increase or decrease, and comment on the process. Section V.8(a)(2) of the Amended Reston Deed allows the Board to provide reductions in annual assessment fees for residents who qualify for real estate tax relief. However, no specific percentage rate for those reductions is stated in the Reston Deed. Reductions have arbitrarily hovered at approximately 50 percent of the general assessment paid by the vast majority of RA members in recent years. Approximately 450 out of the 17,000 residential units in Reston are projected to receive county tax relief in 2015 and therefore would qualify for the 50 percent reduction. Two other RA residential groups, covered under Section V.8(a)(2) currently receive $10 assessment reductions with no changes proposed for 2015. They include:

· State or federally subsidized apartment units. · Housing for the elderly and/or assisted living facilities.

Additionally, there are projected to be approximately 120 residential units in Reston with real estate values at or below $128,400 that currently are charged, as per Section V.8(a)(1) of the Amended Reston Deed, assessments at 0.5 percent of property value. No changes are proposed for properties that fall into this category, nor are there plans related to the redistribution or restructuring of how assessments are levied.


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With the few exceptions outlined above, RA uses a flat-rate system that charges all homeowners the same annual fee regardless of property value. BUDGET IMPACT No change in the 2015 Assessment rate of $642 is being proposed by Staff; however, adjustments and additional project requests are being made to the 2015 Operating and Capital Budgets which were approved by the Board on November 2013. The additional operating expense requests are as follows:

1. Development of Urban Design Guidelines: Consultant to assist with developing urban design guidelines for the DRB when reviewing mixed-use development and re-development. Cost estimate - $30k

2. Parks, Recreation and Open Space Survey: The survey will be conducted in coordination with the Parks

and Recreation Advisory Committee to provide useful data to the organization to develop the 2016/2017 bi-annual budgets and for use in discussions with developers. Cost estimate - $30k

STAFF RECOMMENDATION Staff recommends that the Board adopt proposed amendments (attached) to Assessment & Finance Resolution 2; Assessment Rates & Collection Procedures, establishing a reduced rate of 50 percent of the Annual Assessment for those property owners who qualifying for a real-estate tax reduction from Fairfax County and a $10 assessment reduction rate for state or federally subsidized apartment units; and, housing for the elderly and/or assisted living facilities.





DRAFT

Reston Association Assessment & Finance Resolution 2; Assessment Rates & Collection Procedures November 17230, 20114

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Assessment & Finance Resolution 2; Assessment Rates & Collection Procedures

WHEREAS, the Board of Directors is responsible for the administration and operation of the Association consistent with the amended provisions of the Reston Documents; and

WHEREAS, Section III.2(a) of the First Amendment to the Deed of Amendment to the Deeds of Dedication of Reston (“Amended Reston Deed”) delineates that it is a purpose of the Association to interpret, administer, and enforce the protective covenants and restrictions of the Deed; and

WHEREAS, Section III.2(c) of the Amended Reston Deed delineates that it is a purpose of the Association to assess, collect, and disburse the Assessments and charges authorized by the Deed; and

WHEREAS, Section III.5(e) of the Amended Reston Deed provides the Board of Directors with all powers necessary and appropriate for carrying out the purposes of the Association which are enabled by law or the Reston Documents;

WHEREAS, each Owner, as per Section V.1 of the Amended Reston Deed, covenants and agrees to pay to the Association, as his personal obligation, such Assessments as are established in the Amended Reston Deed and levied by the Association;

WHEREAS, Section V.1 of the Amended Reston Deed, prevents any Owner from waiving or otherwise escaping liability for the Assessments by non-use of the Common Area, or Common Area facilities, or programs offered by the Association, or abandonment of his Lot -- in case of voluntary conveyance, the grantee and the grantor shall be liable, jointly and severally, for any unpaid Assessments outstanding at the time of conveyance;

WHEREAS, Section V.2 of the Amended Reston Deed, stipulates that all Assessments shall be a continuing lien upon the real property against which each such Assessment is made;

WHEREAS, Section V.5 (a) of the Amended Reston Deed requires the Association to assess annually against all Lots the total amount of the estimated funds required for: (i) the management and Upkeep of the Property; (ii) services to the Lots and Owners; (iii) funding capital repairs and replacements; (iv) necessary working capital; and (v) to meet obligations of the Association established pursuant to Amended Reston Deed Section III.2;

WHEREAS, Section V.5(b) of the Amended Reston Deed: 1) requires the Board of Directors to annually fix the amount of the Annual Assessment and set the date or dates such Assessment shall become due; and 2) stipulates that if the Board of Directors fails to fix the amount of the Assessment prior to the beginning of any fiscal year, the amount of the previous year’s Assessment shall apply to the new year;

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WHEREAS, Section V.7. of the Amended Reston Deed stipulates that subject to Deed Section V.8, the Basis for Assessments shall be an equal amount for each Apartment Unit or Lot. After filing proof of qualification with the Association, Owners of Lots or Apartment Units may be granted an Assessment reduction, as determined from time to time by the Board of Directors, provided: (i) they qualify for real estate tax reduction by Fairfax County Ordinance; (ii) their units are subsidized by the federal or state government; or (iii) their units are designed and used primarily for elderly congregate care or assisted living facilities and occupied by low or moderate income residents;

WHEREAS, Section V.8. of the Amended Reston Deed states that in any one year, the sum of the Annual Assessment for Common Expenses and any Special Assessment, attributable to that year, with respect to any Lot shall not exceed the lesser of: (1) Percentage Cap. One-half of one percent of the assessed valuation, as determined for tax purposes from time to time by Fairfax County, of such Lot and improvements thereon; or (2) Maximum Dollar Amount. Four hundred and sixty-one dollars per Lot or Apartment Unit, automatically adjusted as of the beginning of each fiscal year by the greater of four and one half percent or the Percentage Change in the Employment Cost Index. This maximum dollar amount and/or the Employment Cost Index reference date in Section I.1(gg) may be modified or waived for one or more years by a two-thirds vote of the Board of Directors and a majority vote of the Category A Members;

WHEREAS, Section V.9 of the Amended Reston Deed authorizes the Association to levy a Maintenance Assessment on any portion of the Property whose owner fails to maintain or restore such portion of the Property, as provided in Deed Sections VI.2(a), VI.2(b), VI.1(c) and VI.2(d) and shall be a continuing lien upon that portion of the Property pursuant to Deed Article V, and shall be treated as an assessment against that portion of the Property for the purposes of Virginia Code §55-516 as may be amended. The Assessment shall be limited to the amount necessary to meet the cost of any maintenance or restoration and other charges, if any, as provided in Deed Section V.10 and may be awarded by a court as part of its judgment in any proceeding in law or equity.

WHEREAS, Section V.10 of the Amended Reston Deed authorizes the Association to charge an owner of any portion of the Property: (i) a late fee on an overdue Assessment not to exceed ten percent of the Assessment; (ii) the costs, including attorney’s fees and court costs, for collection of Assessments and of enforcing any of the provisions of this Deed; and (iii) interest on overdue sums, up to the maximum rate permitted by law. Any such charges shall be a personal obligation of the owner of any portion of the Property and shall be added to and become a part of the lienable Assessment on the Lot or portion of the Property. In addition, such charges may be awarded by a court as part of its judgment in any proceeding in law or equity; and

WHEREAS, Section V.13(c) of the Amended Reston Deed mandates that: 1) any and all such Assessments and other charges shall be a lien against each Owner's Lot as provided in Amended Reston Deed Section V.2; 2) on or before the due date for each succeeding payment period in such fiscal year, each Owner shall pay to the Association at such place as the Board of Directors may direct the payment of the Annual Assessment which is due during such period; 3) the Board of Directors may establish one or more payment periods and the due dates for each such payment in each fiscal

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year; and 4) all sums collected by the Board of Directors with respect to Assessments against the Lots or from any other source may be commingled into a single fund.

NOW, THEREFORE, BE IT RESOLVED, that the Annual Assessment rates and procedures for collecting the Annual Assessment, as well as any other assessments, fees, and /or charges authorized by the Amended Reston Deed (collectively referred to as “Assessments” under this resolution, including but not limited to Maintenance Assessments, Transfer Fees, costs, late fees, interest, and attorneys fees) shall be as follows: 1. ASSESSMENT RATES.

a. Annual Rate. The general Annual Assessment rate for each Lot or Apartment Unit subject to the Amended Reston Deed shall be an amount fixed by the Board of Directors, in accordance with Section V.5 and V.8(a) of the Amended Reston Deed, as determined annually by the Board of Directors and specified in Exhibit A attached hereto and incorporated herein, unless the Unit or Owner qualifies for a reduction as provided in sections 1(b), 1(c) or 1(d) below. Percentage caps on Annual Assessments, as specified in Section V.8(a)(1) of the Amended Reston Deed, are computed based on the immediately preceding year’s tax assessed values, as applicable.

b. Owners ExemptQualifying for Real Estate Tax Reduction from Fairfax County. from County Tax. The Annual Assessment rate for Owners of a Lot who qualify for real estate tax reduction by Fairfax County Ordinance (and who can provide written proof from Fairfax County of such tax relief) or for any Lot owned by a person who is at least 65 years of age or who is permanently and totally disabled or both and who is exempt from real estate taxation under Article 14 of Chapter 4 of the Fairfax County Code will be eligible to receive may be fixed at a reduced rate of 50 percent of the total Annual Assessment as determined annually by the Board of Directors, and as more specifically set forth specified in Exhibit A of this Resolution, attached hereto and incorporated by reference herein.

a.c. Federally or State Subsidized Apartment Units. The Annual Assessment rate for any Apartment Unit that is federally or state subsidized may be fixed at a reduced rate $10 below the Annual Rate, as determined annually by the Board of Directors, and as more specifically set forth specified in Exhibit A of this Resolution.

b. Owners Exempt from County Tax. The Annual Assessment rate for any Lot owned by a person who is at least 65 years of age or who is permanently and totally disabled or both and who is exempt from real estate taxation under Article 14 of Chapter 4 of the Fairfax County Code may be fixed at a reduced rate as determined annually by the Board of Directors, and as specified in Exhibit A of this Resolution.

c.d. Housing for the Elderly. The Annual Assessment rate for any Apartment Unit that is designated and used primarily as housing for the elderly may be fixed at a reduced rate $10 below the

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Annual Rate, as determined annually by the Board of Directors, and as more specifically set forth specified in Exhibit A of this Resolution.

d. Fairfax County Tax Relief. The Annual Assessment rate for Owners of a Lot who qualify for real estate tax reduction by Fairfax County Ordinance (and who can provide written proof from Fairfax County of such tax relief) may be fixed at a reduced rate as determined annually by the Board of Directors and as specified in Exhibit A of this Resolution.

2. ASSESSMENT DUE DATES.

a. General Rule. The Annual Assessment shall be due on January 1 of that fiscal year, unless an alternative payment option described below is chosen by the Owner. For Assessments other than the Annual Assessment, the Assessment (or installments thereof) shall be due on such date(s) as established by resolution of the Board of Directors or as set forth in the applicable Reston Association’s Assessment notice.

b. Installment Plan. The Board of Directors may allow any Owner of a Lot or Apartment Unit, who has no outstanding balances or overdue sums owed to the Association from previous years, to pay the Annual Assessment, together with a service charge (which shall be deemed to be a cost of collection of the Assessment) pursuant to the following installment plan:

i. Pay the Assessment in six installments, by remitting to the Association, on or before March 1, of that fiscal year, the initial payment specified in the Annual Assessment notice, and as further specified in Exhibit A, attached hereto and incorporated herein. The Owner shall be responsible for making the remaining five payments in a timely manner, in equal monthly installments as specified in the Annual Assessment notice and in Exhibit A, so that such payments are received by the Association no later than the first calendar day of each month from April through August. Payment information will be provided on the Annual Assessment notice in lieu of mailing payment coupons. A service charge is included in the above amounts as specified in Exhibit A of this Resolution.

ii. If there is a default in the timely payment of any approved Installment Plan or any portion thereof, the Owner’s account is assessed a late fee per 4(a) below and the entire balance shall become immediately due and payable upon such default without any further action of the Board. This Resolution constitutes the Board’s authorization for Reston Association’s (“RA”) staff to automatically accelerate any such delinquent account, and where appropriate, for the Association’s attorney to automatically accelerate any such delinquent account referred to it for collection, without the need to obtain specific case-by-case direction from the Board in that regard.

c. Payment of Assessment at Less Than Annual Assessment Rate. If the Assessment applicable to any Lot is less than the Annual Assessment rate, by reason of the provisions of Section V.8 (a)(1) of the Amended Reston Deed, the Owner thereof who elects to pay in installments specified in section 2(b) of this Resolution above shall nevertheless be required to pay installments based on

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the Annual Assessment rate in section 1(a) of this Resolution until such time as the Assessment applicable to his Lot, plus the service charge, shall have been paid in full. In other words, any reduction of the Annual Assessment rate shall be applied to reduce the last installment(s) due specified in section 2(b) of this Resolution above.

d. Category B Members; Owners of More Than 45 Units. Any Owner of more than forty-five Units may elect to pay the Annual Assessment applicable to his or her Units by paying in full by the date specified in Exhibit A for that fiscal year, or by executing and delivering to Reston Association on or before the date specified in Exhibit A, a Category B Promissory Note (Exhibit B), bearing interest at the rate of 12% per annum (or, if higher, the then applicable maximum contract interest rate pursuant to §6.2-303 of the Virginia Code), from the dates specified in Exhibit A, on the amount of the Annual Assessment outstanding. Payments are to be made in three installments due by the dates specified in Exhibit A for that fiscal year. The promissory note shall include a statement to the effect that upon default, any unpaid balance due on the note shall become immediately due and payable, without notice or demand. In the event any installment is not paid when due, the entire balance remaining shall be immediately due and payable, a late fee of 10% of the Annual Assessment amount per unit shall be assessed, and a certified Demand Letter, as provided in section 6(b) of this Resolution, will be mailed to the Owner(s).

3. ASSESSMENT NOTICES.

Prior to December 31st of each year, or as soon thereafter as feasible, each Owner of assessable Property shall be mailed an Annual Assessment notice for the upcoming fiscal year. Notice for other types of Assessments are sent as deemed appropriate by the Board of Directors or staff. Assessment and delinquency notices to Owners will be sent by Reston Association to the applicable Property address unless Reston Association is specifically notified in writing of an alternative billing or mailing address for the Property. It shall be the responsibility of the Owner(s) to promptly notify the Association, in writing, of any billing or mailing address changes. Once mailed by Reston Association, unless returned, the notice will be deemed to have been received by the Owner. Failure to receive any Assessment notice does not relinquish an Owner’s obligation to pay that Assessment or resulting fees, interest and other collection costs. If an Owner does not receive a notice within the expected or required time period, it is the Owner’s responsibility to contact RA to obtain a copy of the notice and to confirm the Owner’s correct mailing address.

4. ASSESSMENT LATE FEE/INTEREST/RETURNED CHECKS.

a. Late Fee. If any Assessment (including, e.g., Annual Assessments, Maintenance Assessments, Transfer Fees and Special Assessments) or installment thereof is not paid in full and received by the Reston Association in accordance with this Resolution and/or the applicable Assessment notice mailed by Reston Association, then the Owner’s account shall automatically be assessed a late fee per Lot or Apartment Unit equal to ten percent (10%) of the Assessment or installment thereof.

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i. For Annual Assessments, an Owner’s account is deemed delinquent and assessed a late fee if payment in full of the Annual Assessment is not received by Reston Association on or before March 1st of that fiscal year, unless the Installment Plan as per section 2(b) of this Resolution is chosen by the Owner.

ii. For Assessments other than the Annual Assessment, an Owner’s account is deemed delinquent and assessed a late fee if payment in full of that Assessment (or installment, if applicable) is not received by Reston Association within ten (10) days after the applicable due date(s) unless otherwise specified in the Reston Association Assessment notice.

b. Interest. If an Owner’s account becomes thirty (30) or more days’ delinquent, then the Owner’s account is subject to interest charges at an annual rate of twelve percent (12%) (or if higher, at the then current maximum contract rate of interest pursuant to §6.2-303 of the Virginia Code), calculated on a daily basis and accruing from the applicable due date(s) until the account is paid in full. The failure of Reston Association to post interest charges on an account does not waive Reston Association’s right to later charge, demand, and collect interest from the due date if the account is forwarded to the Association’s attorney for collection, and the Reston Association’s attorney is hereby authorized, on behalf of the Reston Association, to charge, demand and collect interest on the overdue amounts accruing from the applicable due dates.

c. Returned Checks/Insufficient Funds. If a check or electronic debit is returned or rejected, the Reston Association shall assess a charge against the Owner’s account as specified in Exhibit A. Additionally, the Reston Association may seek the amount of any civil penalty authorized under §8.01-27.2 of the Virginia Code, as awarded by a Court, if payment in full on the dishonored check is not received within thirty (30) days, upon written notification thereof.

5. SALE OF PROPERTY.

In the event the Lot or Apartment Unit which is the subject of an Installment Plan as specified in section 2(b) of this Resolution, is being sold or otherwise transferred prior to the payment in full of the Annual Assessment, the entire balance remaining on such Annual Assessment, together with any other Assessments currently due and owing on the Lot, shall become immediately due and payable upon closing/settlement on the Lot or Unit, without any further action of the Board being required, regardless of whether the transferor is current in his or her installment payments.

6. ACCOUNT COLLECTION PROCEDURES.

a. Annual Assessment Reminder Notice(s). On the date specified in Exhibit A, or as soon thereafter as feasible, the Reston Association will send a Reminder Notice to all Owners who have not paid that year’s Annual Assessment. The Reminder Notice will indicate that unless payment is received by March 1st, a late fee will be added to the amount due.

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b. Annual Assessment Past Due Notice(s). On the date specified in Exhibit A, or as soon thereafter as feasible, the Reston Association will send a Past Due Notice with a current Statement of the Account to Owners who failed to timely pay that year’s Annual Assessment by March 1st, affirming that the late fee has been assessed and added to the amount due (except that this Past Due Notice will not be sent to those Owners whose delinquent accounts are already turned over to the Association’s attorney for collection). Each Owner to whom a Past Due Notice has been sent is assessed a charge (as specified in Exhibit A) to cover Reston Association’s administrative costs and the cost of mailing.

c. Annual Assessment Demand Letter(s).

i. For Owners with accounts still unpaid after thirty (30) days from the date of the Past Due Notice as referenced in Section 6.b. above, the Reston Association will send a certified Demand Letter to each such Owner demanding payment and notifying such delinquent Owner of the consequences of failing to pay within ten (10) days, including the filing of a lien in the Circuit Court of Fairfax County.

ii. The Demand Letter shall include a current Statement of the Account and shall also state that

the Reston Association’s Board of Directors may suspend all recreational and Common Area use privileges for each delinquent Owner after the applicable Owners have been given an opportunity to be heard by the Legal Committee or such other hearing established by the Reston Association Board of Directors.

iii. The Demand Letter will set the date and time of such hearing and any sanction that may be imposed. The resulting recommendations from the Legal Committee or such other hearing will be reviewed and approved by the Board of Directors.

iv. Any resulting suspension shall apply to the delinquent Owners as well as to any family members, tenants, guests, or other invitees residing in or visiting properties owned by such delinquent Owners within Reston Association.

v. Each Owner to whom a Demand Letter has been sent is assessed a charge (as specified in Exhibit A) to cover Reston Association’s administrative costs and the cost of certified mail.

d. Legal Committee Decision Letter(s). Within seven (7) days from the date of the Legal Committee hearing, the Association will send to the Owners of delinquent accounts a Decision Letter which will serve as notice of the Legal Committee’s hearing results.

e. Legal Actions on Unpaid Assessments.

i. For Owners who remain delinquent after the ten (10) day Demand Letter period has expired, the Reston Association will proceed with referring the delinquent account to the Reston Association’s attorney for collection.

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ii. The Reston Association may record a memorandum of lien and/or seek a judgment on the Owner's personal obligation to pay any Assessments and/or other charges. Reston Association may also pursue post-judgment enforcement action and, in appropriate cases, as determined by the Board of Directors, foreclose upon a lien.

iii. The Reston Association may record a memorandum of lien at any time it believes that such recordation would protect Reston Association’s rights or enhance its collection efforts, even though Section V.2 of the Amended Reston Deed specifies no action is necessary to perfect Reston Association’s lien.

iv. For any and all delinquent accounts for which a memorandum of lien has been recorded, a charge shall be assessed to all such accounts in the amount specified in Exhibit A to cover RA’s administrative costs associated with the preparation, execution and recordation of the lien and the lien release. The delinquent Owner’s account shall also be assessed an amount equal to the attorney’s fees incurred by the Reston Association as a result of the Reston Association attorney’s collection efforts.

v. Reston Association’s attorney is also authorized, on behalf of the Reston Association, to file a civil suit for purposes of obtaining a personal judgment against the Owner or former Owner for any outstanding Assessment obligations to the Reston Association. When required by Reston Association’s attorney for purposes of preparing a civil suit, Reston Association staff will review the delinquent Owner’s Statement of Account and execute an affidavit stating the amount and nature of Reston Association’s claim, pursuant to the Code of Virginia, §8.01-28, and regarding defendant’s military status and forward it to the Reston Association’s attorney. Should Reston Association’s claim proceed to trial, the Reston Association may designate certain Reston Association staff members to appear in Court and testify regarding Reston Association’s claim. With regard to any and all accounts for which a civil suit affidavit has been executed by the Reston Association, a charge in the amount as specified in Exhibit A shall be assessed to all such accounts to cover the administrative costs of reviewing the account and executing the affidavit referred to above and for assisting and coordinating the case with the Reston Association attorney. The delinquent Owner’s account shall also be assessed an amount equal to the attorney’s fees incurred by the Reston Association as a result of the Reston Association attorney’s collection efforts.

vi. If Reston Association incurs any additional costs or attorney’s fees in connection with collection efforts, including but not limited to investigative fees, such fees shall be assessed to the delinquent Owner’s account except where prohibited by applicable law.

f. Payment Agreements. The Reston Association may enter into such payment plans or

agreements with a delinquent Owner as it deems appropriate. Interest may be charged at the rate established in 4(b) above on the outstanding balance until full payment has been made. An annual service charge as specified in Exhibit A is assessed against the Owner to cover the administrative costs associated with handling the payment plan or agreement. The Reston

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Association shall require that a written General Promissory Note (Exhibit C) be signed by the Owner, outlining the payment and default terms.

g. Promissory Notes. Acceptance of a Promissory Note for any overdue amounts will not be considered a satisfaction of that overdue amount until the Promissory Note is paid in full, in accordance with its terms, and the Reston Association shall not release or waive its lien or judgment against the property by accepting same.

h. Application of Partial Payment.

i. Partial payments will be accepted, subject to collection, but unless specifically authorized by the Reston Association, such acceptance will not constitute satisfaction in full of the entire claim. Any check received at the Assocaition’s offices for less than the full amount due which is marked "payment in full," or words to that effect, will be rejected and returned to the Owner.

ii. Partial payments will be applied to the oldest outstanding sums owed in any given year on a year to year basis in accordance with the following order of priority:

1. Any accrued interest in that year, 2. Any collection costs, including attorneys fees; 3. To the late fee and other fees and charges in that year; and then 4. To the oldest assessment balance owed in that year.

7. DELINQUENT INSTALLMENT PLANS.

If any Assessment installment is not paid when due, then the Board of Directors, by this Resolution and without the need for specific case-by-case direction from the Board of Directors, hereby authorizes the Reston Association staff and/or attorneys, as the case may be, to automatically accelerate the remaining unpaid installments, making the entire remaining balance of that Assessment immediately due and payable in full. Regular collection procedures as stated in this Resolution shall apply to the balance due. Interest charges will be assessed at the rate specified in 4(b) above from the Annual Assessment due date.

ATTEST: Resolution was adopted at a Regular Meeting of the Reston Association Board of Directors held on June 22, 2006; November 16, 2006; November 15, 2007; December 18, 2008; November 19, 2009; December 16, 2010, September 22, 2011, November 17, 2011; and amended on November 17230, 20114. Cate L. Fulkerson __________________________________________

Assistant Secretary

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EXHIBIT A As Approved by the Reston Association Board of Directors on November 213, 20134.

20145 Annual Assessment Rates

1.1. General Annual Rate $63442 per/Lot/Unit For properties with a 2014 assessed

value below $128,400 0.5% of assessed value per/Lot/Unit

2.2. 3.

Fairfax County Tax Reduction Rate Federally or State Subsidized Unit Rate

$624321 per/Lot /Unit $632 per Unit

4.3. Elderly Housing Rate $62432 per Unit 4. Fairfax County Tax Reduction Rate $285 per Lot/Unit

20145 Installment Plan Rates (6 payments)

1. Initial Payment (Includes $25 installment plan fee) $13467 per Lot/Unit

2. Remaining 5 Installment Payments $1050 per Lot/Unit 20145 Collection Fees

1. Demand Letter Fee $78 per Demand Letter 2. Lien Fee $225 per Lien 3. Suit Fee $220 per Suit Affidavit 4. Payment Agreement Service Charge $25 per Lot/Unit 5. Returned Check Fee $35 per returned check or rejected electronic debit, plus the

amount of the bank charge, if any. 20145 Annual Assessment and Delinquency Notice Due Dates

1. Annual Assessment Due Date January 1 2. Category B Members Assessment or Promissory Note Due Date January 31 3. Category B Members Promissory Note Interest Rate Period January 31 – July 31 4. Category B Installment Plan Due Dates January 31, April 30,

& July 31 5. Annual Assessment Reminder Notice(s) Mailed February 176 6. Annual Assessment Past Due Notice(s) Mailed March 19April 11 7. Demand Letter(s) Mailed April 20May 16

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EXHIBIT B

Category B Promissory Note Example Here.

PROMISSORY NOTE

FOR VALUE RECEIVED, the undersigned by its duly authorized officer or agent, promises to pay to the order of RESTON ASSOCIATION the sum of $_____ together with interest thereon at the rate of 12% per annum in three (3) equal installments of principal (together with accrued interest, if any, thereon) payable on January 31, 20__, April 29, 20__, and July 31, 20__. The unpaid balance of this note and all other obligations of any maker or endorser hereof shall immediately become due and payable, without notice or demand, upon the occurrence of any of the following events: the property referenced below is sold or otherwise transferred; default in the payment of any installment hereunder, which default remains uncured for a period of five (5) days; commencement by or against the undersigned of any proceeding, suit or action for reorganization, dissolution or liquidation; suspension or liquidation by it of its usual business; filing by or against it of a petition under any of the provisions of the Bankruptcy Act; making an assignment for benefit of creditors; or default in the payment or performance of any other obligation to RESTON ASSOCIATION. In the event of the acceleration of this note as provided above, the full amount due shall thereafter bear interest at the rate of twelve percent (12%) per annum plus costs and attorney’s fees. This note is given in recognition of RESTON ASSOCIATION’S claim for the Annual Assessments for calendar year 20__ on certain real property specified below owned by the undersigned in Reston, Fairfax County, Virginia, and does not constitute payment for any other claim which the Association may have against the undersigned. The undersigned agrees to curtail a portion of this note as any lot, unit or other billable portion of the property covered hereby is sold and settled, or otherwise transferred or conveyed. The amount to be curtailed will equal principal plus accrued interest for each lot, unit or other billable portion. Any amounts so curtailed will be credited against the last installment due hereunder. The undersigned waives presentment, demand for payment, notice of dishonor, homestead exemption, counterclaim and setoff, and all notices or demands in connection with the delivery, acceptance, performance or default of this instrument. PROPERTY ADDRESS: __________________________ MAKER: ____________________________ ATTEST/WITNESS: ________________________ BY: _________________________ Account #:

Comment [KEC1]: We have not in the past, but do we want to add a late fee in the event of any default in the payment under a promissory note? Could add one here and in Exhibit C.

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EXHIBIT C

General Promissory Note Example Here.

VIRGINIA : In the Clerk's Office of the Fairfax County Circuit Court. PROMISSORY NOTE IMPORTANT NOTICE THIS INSTRUMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION WHICH CONSTITUTES A WAIVER OF IMPORTANT RIGHTS YOU MAY HAVE AS A DEBTOR AND ALLOWS THE CREDITOR TO OBTAIN A JUDGMENT AGAINST YOU WITHOUT ANY FURTHER NOTICE. 1. SUMMARY OF DEBT: In consideration and satisfaction of the debt of ________________ (the

“Debtor”), resulting from the non-payment of past due assessments against the property located at ____________________________________ (the “Property”) assessed pursuant to the First Amendment to the Deed of Amendment to the Deeds of Dedication of Reston, as recorded in the Fairfax County land records in Deed Book 18419, Page 1225, as amended, Debtor hereby acknowledges the debt owed in the amount of ____________ Dollars ($_____________) for amounts owed to the Reston Association (the “Association”).

2. PROMISE TO PAY: Debtor agrees to pay to the order of the Association the total sum of

_________________________Dollars ($_______________) in accordance with the terms set forth in this Note.

3. PAYMENTS: An initial payment of ______________Dollars ($_________) is due on or before

____________. Thereafter, monthly installments of ______________ Dollars ($________) shall be due on or before the first day of each month, from __________________, through _____________, with a final payment of _______________Dollars ($_______) due on _______________________.

In addition to making the payments noted above to satisfy the face value of this Note, Debtor acknowledges its continuing obligation to pay Association assessments or such other amounts as may be established by the Board of Directors of the Association, by the predetermined due date.

4. PAYMENT PROCEDURE: All payments must be sent to the Reston Association at

______________________________, so that they are received on or before the applicable due date. All payments must be made payable to the Reston Association, and may be in the form of a check, cash, money order or cashier’s check.

5. PREPAYMENT: Additional payments toward the past due balance may be made and the balance may be

paid in full at any time in advance without penalty. 6. ACCELERATION ON DEFAULT IN PAYMENT OF ANY INSTALLMENT: On default in the timely

payment of any installment of this Note, the entire balance shall, at the option of the holder of the note,

Comment [KEC2]: See Comment [KEC1] above.

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become immediately due and payable. Failure to exercise such option does not constitute a waiver of the right to exercise such option if the undersigned are in default hereunder.

7. SALE OF SUBJECT PROPERTY: Upon the sale, settlement, conveyance or refinancing of the Property,

the entire balance of the Note shall, at the option of the holder of the Note, become immediately due and payable.

8. CONFESSION OF JUDGMENT: Upon default, Debtor hereby acknowledges that it is justly indebted to

and hereby confesses judgment in favor of the Association, in the amount of the unpaid balance left on this Note, and hereby waives further demand, protest, presentation and notice of dishonor.

9. ATTORNEY-IN-FACT: The undersigned hereby authorizes Kenneth E. Chadwick, Daniel B. Streich,

Allen B. Warren, Sara J. Ross, Bruce H. Easmunt, Alexandra Spaulding, or Marie Johnson of Chadwick, Washington, Moriarty, Elmore & Bunn, P.C., or the current attorney for the Association as attorney-in-fact to appear in the Fairfax County Circuit Court and confess judgment against the Debtor without the issuance of service of process, in favor of the Association for such amounts as may be due and owing hereunder, including interest at 12 percent (12%) per annum from the date of execution of this Note until paid in full, along with the costs of this proceeding and attorneys’ fees equal to Thirty-Three percent (33%) of the amount then in default.

10. WAIVER OF RELIEF THROUGH BANKRUPTCY: In the event of a bankruptcy in which

Debtor would be entitled to protection by the automatic stay afforded by Section 362 of Title 11 of the U.S. Code, Debtor hereby expressly and unconditionally agrees that the Association shall be entitled to immediate relief from the stay so as to exercise any of its rights or remedies with respect to collection of the debt owed to it by Debtor without any delay whatsoever.

11. WAIVER OF HOMESTEAD EXEMPTION: Debtor hereby waives the benefit of its homestead

exemption to this obligation, if applicable, pursuant to Virginia Code Section 34-22, as amended. 12. APPLICABLE LAW: This Note shall be construed in accordance with the laws of the Commonwealth of

Virginia and the County of Fairfax. 13. SEVERABILITY: In the event that a court of competent jurisdiction finds any provision of this Note to

be invalid, the remaining terms and/or provisions of this note shall remain binding and in effect.

Given under my hand, this day of , 20___. DEBTOR: __________________________________________________________________ COMMONWEALTH OF VIRGINIA COUNTY/CITY OF ____________________ The foregoing instrument was acknowledged before me this day of , 20__, by ____________, who has satisfactorily proven to be the person who has executed this instrument. Notary Public My identification # is: My Commission Expires: .

Item G

Proposed Air-Conditioning Unit Covenant Referendum Question & Fact Sheet



1


ITEM G: Proposed Air-Conditioning Unit Covenant Referendum Question


Board Motion: Move to approve the proposed referendum question on Reston Deed Section VI.3(d), Air-Conditioning Units

BACKGROUND As per Section B.1.iii of Election & Referenda Resolution 6 on Referenda Procedures, the Board is required to vote to approve or modify the proposed question based on the comments received during the Public Hearings held on October 25, and November 20, 2014 regarding the proposed Air-conditioning Unit Covenant Referendum Question. Attached are materials on the draft ballot question and related Fact Sheet.

DRAFT

Reston Association Air Conditioning Units Referendum Ballot January 2015

REFERENDUM BALLOT Amendment to Reston Deed Section VI.2(b)(15) on Air Conditioning Units

VOTING ELIGIBILITY The Ballot below entitles you to cast your vote according to the Reston Association records on the closing date of January 30, 2015. BALLOT INSTRUCTIONS

Online: Go to www.reston.org on the internet with this ballot in hand. Click on the “Vote” button. To vote, you will need your unique, secure password that is located to the right of your Reston property address.

U.S. Mail: Please put an “x” in the box that reflects your response for the question posed below. When completed, place your ballot in the enclosed postage-paid envelope and drop in the mail. To be counted, your ballot must be received at the counting agent’s office (Intelliscan) no later than 5:00 pm, Friday, January 30, 2015. Please allow sufficient time for mailing.

REFERENDUM QUESTION

Pursuant to a petition of the affected members, the following referendum question has been proposed:

Do you agree that Section VI.2(b)(15), Air-Conditioning Units (presented below), should be revoked thereby deleting that section of the Reston Deed in its entirety?

“Air-Conditioning Units. In any residential Cluster in which central air-conditioning service is available to the Lot line, no individual air-conditioning units of any type shall be permitted. This covenant may only be amended or revoked by at least a two-thirds vote of the Category A Members of all residential Clusters on the service.”

£ Yes; in favor of revocation. £ No; not in favor of revocation.

The following information will be used by the Counting Agent to validate this ballot.

PID# Property Address:

User Name: Pass Code:

Owner(s) Names Street Address City, State, Postal Code

Seal of RESTON ASSOCIATION,

(Ballot invalid if not sealed.)

DRAFT

Referendum Fact Sheet Reston Deed Section VI.2(b)(15) Air-Conditioning Units

Why is the Air-Conditioning Covenant being sent to referendum? In July 2014, Reston Association’s (RA) Board of Directors received a petition signed by 110 Members of the Association who own residential Cluster property which is subject to Reston Deed Section VI.2(b)(15) on Air-Conditioning Units (the “Air-conditioning covenant” or “covenant”). The full text of Section VI.2(b)(15) is as follows:

“Air-Conditioning Units. In any residential Cluster in which central air-conditioning service is available to the Lot line, no individual air-conditioning units of any type shall be permitted. This covenant may only be amended or revoked by at least a two-thirds vote of the Category A Members of all residential Clusters on the service.”

The petitioners, representing approximately 32% of those Members of the Association entitled to vote on an amendment or revocation of the covenant, requested that the Reston Association Board of Directors “repeal Section VI.2(b)(15) from the Deed.” During its meeting of September 25, 2014, the Reston Association Board voted to send the issue to referendum amongst those residential Cluster properties eligible to vote on the covenant. What is RELAC? The Reston Lake Anne Air-Conditioning Corporation (RELAC) System was installed during Reston’s inception in 1963. It is a unique privately owned utility that pulls water from Lake Anne to provide chilled central air conditioning to many of the properties surrounding the lake. Designed to reduce external noise and enhance aesthetic appeal, due to the lack of outside compressors, the RELAC System is one of a few known systems of its kind in the U.S. Who is affected by the Air-Conditioning Covenant? In all, 343 residential Cluster properties are bound by the Air-conditioning covenant, requiring them to use the RELAC System. Lake Anne Condominium (106 residential units and 25 commercial units) and Vantage Hill Condominium (152 residential units) use the RELAC System but are not subject to Reston Deed Section VI.2(b)(15). What are the voting requirements for the Air-Conditioning Covenant referendum? On January 5, 2015, the Reston Association mailed ballots to all 343 residential Cluster properties subject to Reston Deed Section VI.2(b)(15) on Air-Conditioning Units. The quorum for a referendum is at least ten percent (10%) of the 343 Category A Members of all residential Clusters on the service eligible to vote. In order to approve the submitted referendum question at least two-thirds (2/3’s) of the 343 Category A Members of all residential Clusters on the service must be in favor of the question presented. All votes must be received by 5:00 pm, Friday, January 30, 2015.

Item H

November 2014 CEO/Management Report Chief Executive Officer Cate Fulkerson

Reston Association CEO/Management Report - November 2014

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CEO/Management Report November 2014

In coordination with the Association’s Senior Leadership Team, I am pleased to pass on to the community and the Reston Association (RA) Board of Directors an account of our Community, Operations, Governance and Resource activities and accomplishments over the last month. – Cate L. Fulkerson, CEO COMMUNITY

Healthy Community Design Workshops – Reston residents and representatives from various land use/development firms participated in engaging and educational workshops entitled, “Rebuilding Reston – One Step at a Time”, led by public health and planning consultant Mark Fenton. Workshop discussions focused on opportunities for and the attributes of more walkable, bicycle-friendly settings, and the successes of specific communities.

Ultimately, the goal is to transform Reston into an even more engaging and healthy community where walking, biking, public transportation and social interactivity are cornerstones of our daily lives. The event was sponsored by: Walsh, Colucci, Lubeley & Walsh PC, The JBG Companies, Lake Anne Development Partners LLC, Comstock, McGuire Woods, and Odin, Feldman & Pittleman. To view the workshop, see the link below:

http://www.youtube.com/watch?v=nrb26OtA9oY&list=UUn-H8uhbCZBZp-hfAVvZPcQ

Stay tuned for more on this subject; during its December 2014 Regular meeting the Reston Association Board of Directors will be considering various strategies to advocate for improvements to our community multi-modal transportation facilities.

RA Snow Summit – The RA Snow Management & Removal Summit on November 6th was one aspect of a process the Association started in February to prepare for another snow season like we had in 2013-14. We were pleased by the turnout and were intrigued by several of the ideas generated by members. One suggestion offered was to

prioritize, by school, those sidewalks that would create the greatest benefit if shoveled. RA Staff are compiling the comments and questions received during the evening to formulate a plan with our partners at Fairfax County, as well as the Virginia Department of Transportation (VDOT), and other community groups. In the interim, the workshop was recorded and is available to view online. Additional comments and suggestions are welcome. We


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look forward to including the community as we develop our next steps. For those who missed it, you can view the summit on our YouTube channel - http://youtu.be/laqYaC_hStw.

Serving Up Fun – Tennis enthusiasts and participants celebrated the hard work and great success of the “Rally for a Cause” tournament at the annual Tennis Bash in early November. The evening social event highlighted the winners from the September tournament which benefited:

ü USTA Serves Foundation/Wounded Warriors Program Curriculum, supporting rehabilitation through tennis for wounded, ill and injured military service members and veterans.

ü Cornerstones/Laurel Learning Center, providing comprehensive family services and developmental childcare programs.

OPERATIONS

A Passport to Wellness - Our November 12th Employee Wellness Fair was successful with RA staff learning more about their benefit offerings and healthy eating options. Many took advantage of health screenings and flu

vaccinations offered by Kaiser Permanente. Awareness about these key health measures and access to wellness initiatives continues to pay great dividends to the organization. Impact to you: We are able maintain high productivity and engagement, promote healthy lifestyle choices and consistently see results in lower health insurance premiums and claim filings. Our wellness program goals focus on:

ü Helping employees reduce lifestyle risk factors and become better health care consumers.

ü Raising employee awareness about the importance of preventative health care and overall wellness including financial and mental.

ü Providing employees a work environment that supports positive health and fitness practices.

Staff Promotion - We are pleased to announce the internal promotion of Vern James who has been an asset to our Member Services Department over the past year. We look forward to him bringing his fantastic service

orientation and member outreach skills to the Covenants team as a new Covenants Advisor.

Open Positions: We have three open full-time positions we are recruiting for:

- Deputy Director of Maintenance 21 applications received. - Covenants Coordinator Focused recruitment efforts have just been initiated. - Member Services Representative Focused recruitment efforts have just been initiated.

For more information on these and other position logon to www.reston.org and click on Inside RA and click on Jobs at RA. RESOURCES

Monthly Financial Update – Our Finance team is in the process of completing the year end projections based on the unaudited October 31, 2014 month end financial statements. The statements will be posted on our website by the November 20, 2014 Regular Board Meeting.


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GOVERNANCE

A large focus for the Senior Leadership Team is on fulfillment of the Association’s Strategic Plan. The below chart shows the activities that are underway or have been completed over the past three quarters of 2014. Items denoted in green indicate completed actions; while items in blue are underway.

Change & Opportunity – To promote the Essential Elements of Reston as standards for the development, redevelopment and revitalization of our community.

First Quarter 2014 Second Quarter 2014 Third Quarter 2014 1. Prepare Reston Association (RA) to incorporate additional residential and mixed use properties into the Association, as development occurs.

a. Identify RA’s “value proposition” for developers considering RA membership in the corridor.

b. In coordination with the Office of Hunter Mill District Supervisor, meet with area developers to establish a standard “tiered membership model” to incorporate new residential properties into RA.

a. Establish RA membership packages tailored for large multi-family mixed use projects to attract developers to be a part of the RA community.

b. In coordination with the developer of the Harrison Apartment Complex, staff are in the process of preparing to add the new residential units to RA’s database for membership and assessment processing.

a. Plan a luncheon meeting to be held in mid-December to present to Developers RA’s “value proposition” and membership packages tailored for large multi-family mixed use projects.

b. In coordination with the Office of Hunter Mill District Supervisor, meet with representatives of Comstock Partners, developers of The BLVD Apartments at Reston-Wiehle Station regarding the proffer language which states that Comstock shall negotiate with the Reston Association with respect to the establishment of an Urban Redevelopment Review Panel to administer Design Guidelines of the project.

c. Begin negotiating terms for the Comstock BLVD Apartments at Reston-Wiehle Station project to become members of the Reston Association – Addition to property.

2. Continuously advocate for an increase in the number of multi-modal transportation facilities in the Reston Community.

a. Light 4,601 feet of pathway by Hunters Woods Village.

b. Work with VDOT and Fairfax Co. to develop and enter into an agreement by which the RA can plow certain portions of VDOT and County owned pathways in Reston.

c. Work with TAC and PBAC to contact NVRPA regarding the removal of snow and ice from the Washington & Old Dominion trail.

d. Hold, in coordination with Comstock Partners, 2014 Bike to Work Day at Reston Station.

e. By request of the PBAC, sent a letter to Fairfax Co. Board of Supervisors asking for continued funding for their FDOT Bicycle Program Coordinator position.

f. Work with Friends of Reston on plans to add additional trail marking.

a. Continue negotiations with EDENS, owner and management company of the Hunters Woods Village Center to fund a portion of the lighting project and select contractor to perform work.

b. Work with Fairfax DOT staff on bus stop improvements and sidewalk projects and assist County with DRB process.

c. Investigate acquiring easement rights to key County pathways serving METRO to provide local and timely maintenance.

d. Continue working with Friends of Reston on plans to add additional trail marking.

e. In coordination the PBAC and TAC, work with IPAR on bike rack designs for RA recreation areas.

a. Hold a Heathy Community Design Workshops with developers and community led by public health and planning consultant Mark Fenton to discuss opportunities and detail the attributes of more walkable, bicycle-friendly settings, and the successes of specific communities. The goal of the workshop will be to transform Reston into an even more engaging and healthy community where walking, biking, public transportation and social interactivity are cornerstones of our daily lives.

b. Based on outcomes from the Healthy Community Design Workshops, establish a Strategic Plan to Address Reston’s Multi-Modal Transportation Needs.

c. Provide testimony before the Fairfax County Planning Commission and Board of Supervisors in support of their adoption of the Fairfax County Bicycle Master Plan – Plan Amendment 2013-CW-T2.


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g. Work with PBAC and Fairfax Co. to explore feasibility of implementing a Bike Share Program in Reston.

d. Hold a Reston Association Snow Management & Removal Summit to include representatives from Fairfax County Department of Public Works, Schools, and VDOT.

e. Develop a community-wide snow removal mobilization plan to help educate the community about the shared responsibility for snow removal and create opportunities for grassroots collaboration and planning on a local level for improved snow removal solutions.

3. By 2013, establish procedures that will ensure Reston Association’s interests are considered in redevelopment and revitalization of our community.

a. Establish a formal RA review process (including DRB and appropriate RA Committees) that is comprehensive, flexible and innovative for future development and redevelopment projects in both PRC and non-PRC zoned areas of our community.

a. Implement Board approved Land Use Application review process and educate RA staff, existing community members and developers.

b. Meet with Fairfax Co. Planning & Zoning staff to learn about the Phase II Reston Master Plan Special Study and RA’s role in the Study.

c. Determine a process to establish RA Guidelines for Development/Redevelopment Projects to promote the Essential Elements of Reston as standards for the development, redevelopment, and revitalization of our community.

d. Continue working with the Supervisor Hudgins and Fairfax Co. Planning staff to establish a consistent practice of mitigating impacts from redevelopment on RA and ensuring that the Essential Elements/characteristics of Reston are enhanced and maintained throughout Reston.

a. Request of RA Board that funding to be included in the 2015 Budget to hire a consultant to assist with developing urban design guidelines for use by the Design Review Board when reviewing mixed-use development and re-development projects.

b. Participate in Phase 2 Reston Master Plan meetings held by Fairfax County Planning staff.

c. Provide comments to the appropriate Fairfax County officials, staff, and agencies, requesting the incorporation of recommendations and proposed amendments to the “Straw Man Versions” 9/5/14) of the draft Phase II Comprehensive Plan Text for Reston as prepared by legal counsel.

d. Being planning to hold a community-wide “Call to Action” meeting in early 2015 on the Phase II Comprehensive Plan Text.

Community Leadership & Engagement – To be the leader, representing Reston’s interest, promoting partnerships and fostering community involvement.

First Quarter 2014 Second Quarter 2014 Third Quarter 2014 1. Regularly engage the diverse elements of the community on issues and opportunities that impact Reston.

a. As part of the Covenants Change Management Process, functions formerly undertaken by the Neighborhood Community Outreach Coordinator have been merged under the Dept. of Comm. & Community Engagement, where staff identifies opportunities to bring the RA message directly to Clusters at times convenient for them.

b. Dept. of Comm. & Community Engagement developed a master calendar of Cluster events and opportunities for summer community outreach by staff.

a. Develop a plan for implementation in Fall 2014 for cluster and community engagement that would:

- Identify who from the Board, Staff, and Committees would attend events/man booths;

- Delineate the type of information to be shared in line with the event venue; and,

- Establish a system for post event follow-up.

b. Merge the Communications & Reston Neighborhood Advisory Committees to create the Community Engagement Advisory

a. Identify opportunities to bring the RA message directly to Clusters at times convenient to them.

b. Develop a master calendar of Cluster events and opportunities for engagement in the community and with individual Clusters.

c. Review outputs from both of the community surveys conducted in 2013 and identify three (3) actions that can be undertaken in the 2014/2015 budget cycle to increase the effectiveness of our engagement with Reston’s diverse membership.


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c. Establish a method to acknowledge members and keep them informed of their issues of interest after attending a Board meeting or providing input during the member comment period.

Committee to advise the Board on methods to foster neighborhood and community involvement by regularly engaging the diverse elements of the community on issues and opportunities that impact Reston.

d. Establish a method to acknowledge and keep members informed about issues of interest to them after they have attended a Board meeting and provided input during the member comments period.

e. Increase opportunities for Corporate Service Days to assist the Association with Common Area upkeep and maintenance.

2. Continuously advocate Reston’s interests to and with key stakeholders of our community.

No staff actions were planned for 1st Quarter 2014.

a. CEO and Senior Dir. Of Parks, Recreation & Community Resources will be establishing regular meeting engagements with Fairfax Co. staff including those in FDOT, with the Park Authority and Planning & Zoning Administration.

In September 2014 - Reston was named the 10th "Best Place to Live" by Money magazine where Reston was rated on quality of life, job growth, affordability and other factors.

CEO invited to lead the GRCC Reston Marketing Initiative in developing a strategy to attract people and businesses to Reston through collaboration, creative partnerships, coordinated messaging, and strategic marketing.

Programs & Services – To provide high quality programs and services to meet the needs of the Reston community.

First Quarter 2014 Second Quarter 2014 Third Quarter 2014 1. Establish and maintain an annual process for evaluating existing and potential community amenities.

a. Establish a method for members to contact the Association about facility maintenance and operation through a “facility specific” QR code alert system.

a. Initiate onsite testing and full rollout of QR code alert system and aquatics survey at all community pool facilities.

a. Establish a Parks and Recreation Advisory Committee to advises the Board of Directors on: a) the sound management and development of facilities and amenities for Association members; b) the delivery of Association sponsored or co-sponsored recreation/leisure activities and services; and c) prioritizing funding for capital improvements and recreation services.

b. Develop a strategic plan for the Recreation Services Department to: 1) set roadmap for Department; 2) enable staff to have an active role in charting the course of the Department and, ultimately, the organization; and, 3) begin planning for 2016/2017 budget cycle.

2. Continuously evaluate the quality of programs and services to ensure they are valued by the Reston community.

a. Work with Member Services to compile monthly sales reports for program managers.

b. Use CRM software to better serve customers and to develop new means for interacting with members.

c. Implement budget authorized program and fee adjustments (based on benchmarking) to fulfill projected revenue increases.

Items (b) and (c) from the 1st Quarter are still underway.

Item (b) from the 1st Quarter is still underway.

a. Hire a new camp program manager with eye towards improving the RA Camps Program.

b. Establish a process to provide a report on monthly program sales in the CEO/Management report.

c. Create electronic forms for use in obtaining data on participant satisfaction with recreational programs at the conclusion of each session, class or season.


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3. As appropriate, develop cost-effective new programs and services.

a. Develop a cost-based review for each business area of the Association.

b. Continue planning for RA and YMCA Reston Relay

Triathlon.

c. Celebrate lighting of Brown’s Chapel 1 Ball Field on April 4th.

d. Systematically benchmark programs, services and fees in order to identify new, and retire old, program offerings.

a. Develop a cost--based review for each business area of the Association.

b. Systematically benchmark programs, services and fees

in order to identify new, and retire old, program offerings.

c. Conduct post event review of RA and YMCA Reston Relay Triathlon and apply learnings to future events.

d. Re-establish and recruit members for the Parks & Recreation Advisory Committee.

Items (a) and (c) from the 2nd Quarter are still underway.

a. Establish a Reston Relay Triathlon event in cooperation with the YMCA - Fairfax County Reston.

Sustainability & Community Viability – To effectively manage all resources, resulting in a sustainable and viable community.

First Quarter 2014 Second Quarter 2014 Third Quarter 2014 1. Annually, develop and allocate appropriate financial resources to sustain and enhance the Association’s physical infrastructure.

a. CEO and CFO are working with the Fiscal Committee to identify firms to contract with to act as the Association’s Money Manager.

b. Planning for the conduct of the required five year

Reserve Study is underway.

a. Invest $2.5 million with Raffa Wealth Management to supplement Repair and Replacement Reserve Fund earnings to cover capital expenditures.

b. Continue internal Reserve Study efforts and complete third-party vendor selection of firm to perform audit of the Reserve Study.

a. Develop a Reserve Study Schedule for vendor – Criterium – and RA Staff.

b. For Reserve Study, conduct site inspections with Criterium.

c. Hold a joint meeting with Criterium and RA Staff to create detail annual capital needs forecast based upon engineers' findings.

d. Present Reserve Study Criterium to Fiscal Committee.

e. Present proposed revisions to the 2015 Capital and Operating Budgets to the Board of Directors.

f. Develop an RFP for Central Services Facility building upgrades and/or replacement.

2. Continuously protect, enhance and restore environmental resources.

a. The Covenants Dept. continues to collaborate with P&R, IT and KTL to complete the development of a new database to track violations and compliance progress.

b. The Environmental Staff will complete the Natural

Resources Management Plan.

c. P&R and Covenants staff will develop Common Area enforcement rules for consideration by the Board of Directors.

a. The Covenants Dept. will continue collaboration with P&R, IT and KTL to complete the development of a new database to track violations and compliance progress.

b. Develop a resolution for consideration by the Board on rules

for address Common Area Encroachments and Violations.

a. Establish a multi-year Strategic Plan for Facility & Grounds Maintenance.

b. Review and identify an implementation process for the “Sustainability” document being drafted by the Association’s Environmental Advisory Committee.

c. Provide an overview of “Deer Management” considerations in Reston to the RA Board of Directors.

d. Develop a communications plan on Deer Impacts & Management in Reston.


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a. Conduct Cluster “walk through” inspections for Pinecrest, Mallards Landing and Forest Edge Clusters.

b. Plan to bring RA Members and Association Board officers together with home improvement, association management and product and service providers at the Fall 2014 Expo.

c. Apply for grant from Rebuilding Together in order to provide assistance to qualified Reston owners needing to make exterior home repairs.

Items (a) (b), and (c) from the 1st Quarter are still underway.

Items (a) and (c) from the 1st Quarter are still underway.

a. Covenants staff to attend cluster board meetings, cluster clean-ups, other on site activities to strengthen relationships and provide education and resources to preserve their neighborhoods.

b. Covenants staff to present an educational workshop at Home & Garden EXPO on how to understand covenants and design review processes.

Technology – To actively meet the needs of our Members, staff and community through the effective use of technology.

First Quarter 2014 Second Quarter 2014 Third Quarter 2014 1. Daily and without interruption, provide Members, staff and the community with reliable and secure access to RA information, services and facilities.

a. Finance/IT and Aquatics Teams are designing a pilot program where by members will sign in at pool facilities using scan technology.

b. HR will launch new HR Actions software application to

enable staff to process paperwork electronically.

Item (a) from the 1st Quarter is still underway. a. Expand use of HR Actions software functionality to gain

further workflow efficiencies.

b. Update existing scope document and begin RFP process for CRM platform development.

Item (a) from the 1st Quarter is still underway; however it is anticipated that the pilot program will be ready for launch in 2015.

a. CFO and IT to create RFP to send to at least three CRM providers.

b. HR Actions software expansion - Paperless personnel action forms process now in place for aquatics seasonal employees.

c. Finalize organization wide process for utilization of HR Actions to capitalize on efficiencies

2. Continuously use integrated technology to improve service delivery, including more efficient and timely communication and faster financial transactions.

a. Begin initial phase of RA’s website redesign. b. Plan and determine cost for updating the website’s

software application to DotNetNuke Professional to facilitate the development of a mobile ready website.

c. Research the feasibility of implementing on-line bill paying as well as ACH.

d. Contact vendors for proposals to provide SMS messaging services related to pool facilities.

e. Develop a phased implementation plan to provide streamlined administrative process to increase productivity and enhance outreach efforts by digitizing the Association’s property records.

a. Move to next phase of website redesign with goal to launch new site in 3rd Quarter 2014.

b. Implement Treasury Services enhancements based upon

discussions with SunTrust (Online check deposit, payment gateway changeover and purchasing card).

c. Commence work on upgrading Microsoft Dynamics GP and SQL Database software programs.

Item (a) from the 2nd Quarter is still underway.

Item (b) from the 2nd Quarter is still underway; however, RA staff are not comfortable with project management or initial customer service interactions, and are currently exploring alternative providers.

Item (c) from the 2nd Quarter is near completion. A solution offered by our existing payment gateway has been identified. Will work toward implementation after Microsoft Dynamics GP and SQL Database software upgrades are complete.


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RA Senior Leadership Team - Setting Goals & Expectations to Advance RA – One of the most important aspects of leading the Association is making sure staff knows and understands the direction in which the organization is headed, and, more importantly, what is expected of them. Over the past several months, I have been listening to you to determine to what is needed internally to move the organization forward. The result is a written set of 12 to 36 month goals for each of the Association’s major functional areas – Finance/IT; Covenants Administration; Communications & Community Engagement; HR/Administrative Services; and, Parks, Recreation & Community Resources. In October, I shared with you the 12 to 36 month goals for Finance/IT; this month I offer some of the Goals for Parks, Recreation & Community Resources. Staffing, Work Place Safety & Training

1. In collaboration with the Director of HR/Administrative Services: a. Work with the Deputy Director for Recreation and the Deputy

Director for Maintenance to realign and leverage the skills and talents that exist within each of their functional areas to address the changing needs of the community.

b. Evaluate the operational procedures and organizational structure of the RA Maintenance function to identify resource needs and close service gaps.

c. Establish and implement an annual “work place” safety program for Association Maintenance crews.

d. Establish and implement a comprehensive seasonal worker training program for new and returning Grounds Maintenance workers.

e. Establish and implement a method to track certifications required for the Association’s maintenance staff; identify annual re-certification options; and budget required training to prevent certification lapses.

Land Use Planning

1. Complete development of the following strategic components of RA’s Resource & Land Use Review Plan:

a. RA Guidelines for Development/Redevelopment Projects – Promoting the Essential Elements of Reston as standards for the development, redevelopment, and revitalization of our community.

b. RA Proffers for New Development – Establishing a consistent practice of mitigating impacts from redevelopment on RA property and ensuring that the Essential Elements/characteristics of Reston are enhanced and maintained.

c. RA Membership Offerings – Establishing RA membership packages tailored for large multi-family mixed use projects in order to attract developer investment in the RA community.

1. In coordination with the CEO, develop and implement a long-range plan and identify resources needed to properly execute the Association’s land use planning function.

2. In coordination with the Association’s land use consultant: a. Establish and maintain a mutually beneficial working relationship with the Fairfax County Planning

Staff, with emphasis on RA initiatives and future goals.


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b. Establish and implement a process to monitor and provide comments to the County Planning Staff on current and future proposed additions and amendments to the Reston Master Plan/Comprehensive Plan.

c. Review and identify an implementation process for the “Sustainability” document being drafted by the Association’s Environmental Advisory Committee.

Capital Planning & Resource Development

1. With CFO/IT identify a reserve study software application to track the Association’s capital components, replacement schedules, and funding projections.

2. In coordination with the CFO, establish and maintain a capital improvement plan and related forecasting process to provide the Association with timely information on future spending requirements and options.

3. In coordination with the CEO, coordinate annual and long-range facility planning. 4. Align recreational program and facility priorities with long-range organization plans, member needs and

industry trends. 5. Work with the Friends of Reston for Community Projects, Inc., to:

a. Develop and execute a plan to obtain corporate sponsorships and/or in-kind services for the upkeep of Association facilities.

b. Obtain monetary support for the Association’s recreational program scholarships and internships. c. Work with the CEO and CFO to establish a new arm of the Association to provide property

management services to RA Clusters and Condominiums. Facility Maintenance & Upkeep

1. In collaboration with the CEO and Director of HR/Administrative Services, establish a multi-year Strategic Plan for Facility & Grounds Maintenance.

2. Establish and implement environmental, facility and grounds maintenance standards and schedules. 3. Update the Association’s community entrance signs, facility signs and trail marking programs. 4. In collaboration with the Director of HR/Administrative Resources and the CFO, develop a plan to

address Central Services Facility building upgrades and/or replacement, with strong focus and emphasis on employee involvement and collaboration.

5. Establish written processes and procedures for use in considering enhancements or alternative uses for established or future recreation area.

Programs & Services

1. In collaboration with the Parks & Recreation Advisory Committee, conduct a community-wide needs assessment survey to establish a multi-year Parks, Recreation & Open Space Management Plan.

2. With the Community Engagement Advisory Committee, develop an ongoing method to evaluate the quality of RA programs and services to ensure they are valued by the Reston community.

3. In collaboration with the CEO and Director of HR/Administrative Services, establish a multi-year Strategic Plan for Recreation Services to include staffing requirements.

4. In collaboration with the CEO, coordinate annual and long-range recreational service requirements. Business Process Improvement

1. Review and assess Common Area and Use/Maintenance Standards policies and Resolutions to determine their relevance, effectiveness, and impact and to identify procedural gaps.

2. Develop a cost-based review for each recreational program area of the Association.


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3. Streamline and digitize the Common Areas parcel files to enable staff to more easily obtain information in a central location.

4. Work with the Association’s Information Technology team to implement a new system for increased productivity and efficiencies, as well as enhanced processes and service delivery, including but not limited to identifying:

a. Work order application package to manage, track, and monitor on a continuing basis internal and external maintenance requests.

b. A system to track maintenance requests filed by members.

Item I

2014 Voting Record Request Ken Knueven, President

Reston Association – Regular Board Meeting Agenda Item Summary Prepared By/Date: Sabrina Tadele / November 12, 2014

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ITEM I: 2014 Voting Record Request


Board Motion: Move to deny and not give further consideration to Mr. Irwin Flashman’s request for an electronic copy of the 2014 Board of Director Election member voting record.

BACKGROUND On Wednesday, September 24, 2014, Reston Association Member Irwin Flashman, owner of the property located at 1327 Buttermilk Lane, requested, pursuant to Member Rights Resolution 2; Member Access to Association Records that he be given access to the 2014 Board Election voting records. Specifically, Mr. Flashman wanted “a list of the addresses of members who voted with an indication of whether the member household was an owner, renter, or owner of rental properties.” On Monday, September 29, 2014, Reston Association’s CEO provided a hardcopy of the requested information along with the post voting analysis from the Elections Committee. On Tuesday, September 30, 2014, Mr. Flashman requested the information be proved to him in electronic format. BOARD PLANNING COMMITTEE REQUEST On Monday, October 6, 2014, the Board Planning Committee requested a recommendation from the Elections Committee on Mr. Irwin Flashman’s request for an electronic copy of the 2014 member voting record. ELECTIONS COMMITTEE RECOMMENDATION On Tuesday, October 14, 2014, the Elections Committee held a regularly scheduled meeting at which the above item was considered, and the following motion was made and passed unanimously:

Mark Stalcup, seconded by Caren Anton, moved to recommend to the Board Planning Committee denial of Mr. Flashman’s request for an electronic copy of the information he already received.

See the attached statement from Ed Robichaud, Chair of the Elections Committee. BUDGET IMPACT No budget impact is anticipated at this time.

VISION Leading the model community where all can Live, Work, Play, and Get Involved. MISSION To preserve and enhance the Reston community through outstanding leadership, service and stewardship of our resources. CORE VALUES Service. Collaboration. Stewardship. Innovation. Leadership.

Live, Work, Play and Get Involved

TM

12001 Sunrise Valley Drive | Reston | Virginia | 20191-3404 | 703-435-6530 | www.reston.org

November 14, 2014 Mr. Ken Knueven President Reston Association 12001 Sunrise Valley Drive Reston, VA 20191 RE: Elections Committee Recommendation Dear President Knueven: Since I am unable to attend next week’s meeting in person, I am offering a written statement on the Elections Committee’s recommendation regarding the RA Member request for an electronic copy of the voting record. On October 14, 2014, the Elections Committee voted to recommend to the RA Board Planning Committee a denial of Mr. Flashman’s request for an electronic media copy of the same voter information he previously requested and has already received. If you or the RA Board requires any other information, please feel free to contact me. On behalf of the Elections Committee, Ed Robichaud, Chair cc: Reston Association Board of Directors

Cate Fulkerson, CEO Sabrina Tadele, Board & Committee Liaison

Item J

If Required, Executive Session to Discuss Legal, Contractual, and/or Personnel Matters with Legal

Counsel

Item K

Adjourn

AGENDA RESTON ASSOCIATION Regular Meeting of the … GENERAL/112014 REVISED Boar… · -Appointment...

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Transcript of AGENDA RESTON ASSOCIATION Regular Meeting of the … GENERAL/112014 REVISED Boar… · -Appointment...