Whittier Community Associates HOA, Inc.

Regular Meeting Minutes

January 22nd, 2019


The Board of Directors of Whittier Community Association met at Daybreak Adult Day Service Center on January 22nd, 2019, at 7:00 p.m.



Paul Zimnik, President                                                                                                                                                                  

Bill Watt, Vice-President

Bernarda Jackson, Treasurer

John Arkoian, Secretary

Nancy Sweet, Director

Laura Ferguson, Director



Eric Struntz, Director

Mike Desimon, Director

Andrea Weaver, Director


Others Present:

Nancy Keen, Vanguard Management, Community Representative

Renee Henning, Recording Secretary

Special Guest: Jeremy Holder, Ausherman Development

ACC President

4 Homeowners



Dr. Paul Zimnik, President of Whittier Community HOA called the regular meeting to order at 7:06 pm with a quorum present.



The Board discussed the November 27th, 2018 minutes and noted some edits.

Motion:  To approve the November 27th, 2018 minutes with the noted edits.

Watt/Arkoian                                          Vote: 6/0/0



No comments from Homeowners.


    1. 2019 Landscaping Season/Recommendations: David Geis, Area Manager, with Ruppert Landscapes suggested a few action steps to increase communication and involvement with the Board and Ruppert Landscapes in 2019. He suggested a few projects in addition that could take place prior to spring: (1) remove leaning plum tree on Christopher’s Crossing ($618), (2) trash and debris removal along rear fence line bordering Carrington and Emerson townhomes (not to exceed $3,200), (3) pruning of Viburnum along Greenleaf pool fence ($798), (4) redesign mailbox area at Banner Hill Rd ($1,530), and (5) upgrade to specialty annual flowers ($2,385).

The Board discussed the proposals and suggestions from Ruppert Landscapes and determined to make the below motions and separately. 


Motion: To approve the proposal provided by Ruppert to remove leaning plum tree on Christopher’s Crossing ($618).

Sweet/Arkoian                                               Vote: 6/0/0


Regarding the trash and debris removal along rear fence line bordering Carrington and Emerson townhomes, the Board discussed that the brush area is not normally maintained and they are currently paying more to have the debris removed on occasion. They determined it would be better to have Ruppert clear the area.


Motion: To approve the proposal provided by Ruppert for trash and debris removal along rear fence line bordering Carrington and Emerson townhomes (not to exceed $3,200).

Jackson/Watt                                                Vote: 4/2/0


Motion: To approve the proposal provided by Ruppert for pruning of Viburnum along Greenleaf pool fence ($798).

Sweet/Arkoian                                               Vote: 6/0/0


The Board determined the redesign of the mailbox area at Banner Hill Rd was not necessary at this time. They would like to do a normal maintenance trim of the tree and reassess as needed in the spring time. The Board requested Management obtain a new estimate from Ruppert for the trim work.


Motion: To request Ruppert provide a new estimate for a maintenance trim of the tree by the mailbox area at Banner Hill Rd, with approval up to $500 worth of work.

Watt/Sweet                                                    Vote: 6/0/0


No action or motion was discussed for the 5th project proposed (upgrade to specialty annual flowers, costing $2,385) at this time.


    1. Whittier Lake Maintenance: Aquatic Environment Consultants (AEC) provided a proposal to perform the same lake management program that has been successful for many years to control the algae on the lake. AEC recommends the lake is treated every two weeks, but the City of Frederick only contracts for once a month treatment. The Association has been supplementing the City’s program with five (5) additional treatments. The cost has remained the same since 2010, $2,160.00 for five (5) treatments.


Motion: To approve the proposal by Aquatic Environment Consultants (AEC) to perform the same lake management program as previous years.

Arkoian/Jackson                                           Vote:  6/0/0   


    1. Homeowner Pool Pass Distribution: The 2019 draft pool pass distribution materials were provided for the Board’s approval. The Board noted a few changes to be made. Management would like to have the pool information printed and mailed out by early April.


The Whittier Swimteam uses the Greenleaf Pool for their practices. With approval, the Greenleaf Pool would be the pool that opens 11am – 7pm. The past several years, the Board has opted for Cobblestone to be the pool that is open when school is in session.


In order to save money on printing and postage, Management is again offering to post the “Swimming Pool Guidelines” on the Vanguard and Whittier websites rather than mail them in the packages.


Motion: To approve the 2019 pool pass distribution materials with the provided changes.

Sweet/Jackson                                               Vote:  6/0/0   


    1. Ausherman Proposed Waterline Easement Acquisition: Ausherman Development has provided a summary of the waterline easements and a proposed consideration for the easements on Association owned common area.  Management sent written notification to the Homeowners in that area regarding the hillside easement. The notification to the Homeowners included Jeremy Holder’s contact information to answer any questions related to the easements.


Jeremy Holder, Ausherman Development Spokesman, presented updates on the approvals and expectations for the waterline easement acquisitions. For Land Bay B, they have approval of the work to be done and expect construction will begin late Spring of 2019. There will be no development adjacent to Whittier for a while. The City has asked for two (2) things in regard to the connection of the bordering communities: (1) a sidewalk connection at East Palace Green Terrace; (2) the two waterline easements.


For the sidewalk connection at East Palace Green Terrace, the Board stated they would prefer to wait to make that decision. The Ausherman Development is more than willing to make that decision until it is closer to developing in that area. The City will be developing a trolley trail that will connect through that area at a later date, and when the time comes, the Development can come back to the Board for discussion and approval.


Mr. Holder answered the Board’s questions regarding the two waterline easements (located at East Palace Green Terrace and Longfellow Court). He again reiterated the benefits of the waterline easements: reduces the manpower needed to manage flush the lines, creates a better flow of water and eliminates stagnant water, domestic use will be improved, among other benefits.


At the East Palace Green Terrace site, the City already has plans to replace the whole line eventually, and this would help to replace and update the line as construction is occurring in the area. The only disturbance to the area would be construction traffic, some of the existing sidewalk will be dug up and then repaired.


At the Longfellow Court site, the City wants a maintenance bench to be put in at the site, installed after the waterline easement work. The first easement would be permanent and used by the City for the waterline and the second easement area is a temporary construction easement for grading and will be replaced once the construction is done and the City has approved. The total maximum area of disturbance is about 40 feet, where the steep will have to bench per the City’s request. Some of the nature forest conservation that would be disturbed during construction and displaced after the work is complete can be replaced elsewhere. 


The Board wants to ensure that the forest conservation will be replaced; the Longfellow Court area will be restored as much as possible, as well as a minimum of replanting of however many trees and plants that had to be removed somewhere in Whittier. Mr. Holder mentioned that the forest conservation may be redistributed in Kellerton and not necessarily in Whittier, but the trees and plants removed from the area would be added back to Whittier property, it just may not be called forest conservation.


Mr. Holder offered that the Development can conduct a survey to asses if the one older oak tree would be affected, inventory the quantity, type, size and age of the trees, and what other removal and replacement would be included in the projects. Once the survey is conducted and results provided to the Board, if they don’t have any concerns at the time, the Development can begin the process of putting together an informal offer and start drafting terms to agree upon.


Some of the Board members mentioned that it would make a difference if the hunting that has been allowed on the private property would no longer be allowed, to bring a peace of mind and less carcasses around the pond.


Motion: To approve the survey work to be done by the Ausherman Development in the easement areas, with no commitment promised.

Jackson/Watt                                    Vote:  6/0/0


    1. Homeowner Violation Appeal - Boat Stored in Driveway (*****): This Homeowner has requested the Board allow their boat to remain in their driveway until April 15, 2019. The legal documents state that boats may be parked on a Lot only with approval as to the location and screening. The Homeowner asked to keep it on the driveway because they are currently doing work on the boat. They stated that they have asked their neighbors and have not had any complaints or concerns.


Some of the Board members stated that their main concern with allowing an exception for this case is that others will believe it is ok to do the same and then the allowance would be abused. Some suggested the Homeowner could store it at a local storage unit, pull it in when they are working on it at home, and return in back to the unit each time. The boat has been there since the end of November. They are requesting that they be able to keep it there until, potentially, the beginning of the season, which would be April 15th.


The Board determined that if they provided some form of screening to prevent the boat from being visible and affect the aesthetic appeal of the neighborhood, they could keep the boat on the property until it is fixed, not to exceed past April 15th.


Motion: To approve the Homeowner’s appeal to allow the boat to remain on the driveway, with the provisions of screening the boat by moving it closer to the home and cover the boat, and to be removed from the property when it is fixed, not to exceed past April 15, 2019.

Jackson/Ferguson                                         Vote:  3/2/1   


    1. Waiver Request of Assessments and Fees (*****): This Homeowner’s account is currently with the attorney for collections. A court hearing is scheduled for February 22, 2019. They have a current balance of $2,296.15 and are requesting to pay $765.00 to settle their account in full. This would be a waiver of $610.00 in assessments and $921.00 in late fee and collection costs.


Motion: To deny the Homeowner’s request to make a payment of $765.00 to settle their account in full.  To offer a counter offer to waive the late fees/penalties only after they pay the remaining balance.

Arkoian/Watt                                                Vote:  6/0/0


    1. Homeowner Addition Denial Appeal (*****): This Homeowner’s addition application was denied by the ACC and submitted to the Board for an appeal. The ACC reviewed the application again at their January 21st meeting and, in light of the new addition guidelines, feel it would need a Board variance approval.


The Homeowner stated variance of the difference from 9 feet to 15 feet in the garage is because it runs parallel to the property line and cannot be more than 9 feet at the front.


The ACC Chair said the verbiage was confusing and they needed to have better wording for the proposal. Once they realized that they could not go beyond the 9 feet to stay to the property line, anything that would extend past that would be a variance. For the garage to widen in the back to 15 feet, in order to run parallel with the property line. They need to ensure the exterior wall height is under the City’s requirements. The wall diagrams and details did not have dimensions included to ensure that it was under the requirements. 


Some of the Board members asked about the requirements that the ACC has in regard to the dimensions of windows, screens, and other features of additions. The ACC stated that they would need the architectural drawings in order to determine if it all fell in line with the requirements. The Board discussed that it may be a good idea to eventually have a requirement to have professional drawings of additions and modifications to homes provided in order to determine if it meets the requirements for approval.


The Board determined that they would approve the driveway wall variance, since it fell within the City requirements. The Board discussed the variance of the 9 feet to15 feet garage design and whether it should be allowed. The City has already told the homeowner they could build to the property line, within the normal requirements, which would allow for the building to vary in width to follow the property line and not the original house line. The Board determined that if the addition to the home is aesthetically within harmony to the rest of the community (aka. shutters, siding, roofing, etc.) that the variance would be approved.


Motion: To approve the variances of the addition, including the 3 ft exterior wall and the garage addition running parallel to the property line, making it 9 feet wide in the front and 15 feet wide in the back.

Ferguson/Watt                                              Vote:  4/0/1


    1. ACC: They have changed their meeting date to the 3rd Monday of each month due to the availability of the Daybreak Adult Center. They provided minutes from the December meeting for review and noted that William Lukens has resigned.


Motion: To approve Paul Winzer and Bridgid Sandler as new ACC members.

Ferguson/Arkoian                                         Vote: 5/0/0


    1. Pool Committee: none
    2. Townhouse Committee: none
    3. Condo Committee: The condos are having issues with trespassing from Emerson, dumping trash in their trash cans. A question was presented to Management, asking if there was a way they can send a formal letter from Whittier to Emerson residents in regards to the Condominium’s issue. Management stated that they couldn’t send a violation notice from the Whittier Association, but suggested that Homeowners continue to call the non-emergency police line in regards to the problem, because they can take action.


    1. Landscaping Committee: none
    2. Website Committee: none
    3. Social Committee: none
    4. Treasurer’s Report: Financial reports were provided



There was no old business discussed.



There was no new business discussed.



There being no additional business for the Board to conduct, the meeting adjourned at 9:06 pm.


Motion: To adjourn the meeting.

            Watt/Sweet                                        Vote: 5/0/0


Please note the next scheduled meeting is March 26th, 2019 at 7:00 pm.



Renee Henning

Recording Secretary