FALLS RUN COMMUNITY ASSOCIATION

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This summary includes all substantive motions voted upon by the Board of Directors at meetings of the Board during the period indicated. It does not include motions to approve meeting minutes, to convene in executive session or to adjourn meetings.

a.The Board reconvened in open session at 7:00pm and announced that the Board had met in executive session to discuss violations and violations procedures. A motion was made by Tom Whalen, seconded by Dan Owens, to form an Ad-Hoc Committee for Enforcement Document. The motion was APPROVED 6-0 and a committee consisting of Jack Mounts, Chair, Tom Whalen, Jake Bernard, Shirley Sommer, Marvin Wagner, and Debbie Sutton was formed. Don Horan and Susan Manch will act as advisors to the committee.

b. Purchase of Casio projector: After discussion, Tom Whalen made a motion to approve the purchase of the requested Casio projector with extra bulb for a total cost of $1569.14 to be paid for from Replacement Reserve funds. The motion failed for want of a second and was not considered. Dan Owens made a motion, seconded by Jack Mounts, to purchase the Casio projector and spare bulb as requested from the Social Budget at a cost of $1569.14. The motion was APPROVED 4-2, Tom Whalen and Jake Bernard opposed due to the method of funding the purchase.

c. Rowing machine for exercise room: After discussion, Dan Owens made a motion, seconded by Bill Barnes, to purchase a rowing machine for the exercise room at a cost to FRCA of $1000 with a donor providing an additional $315 to cover the total cost of $1315. The motion was APPROVED 6-0.

d. Acceptance of AMS plan for crediting FRCA for resale inspections: After discussion, Jack Mounts made a motion, seconded by Tom Whalen, to accept Armstrong Management’s plan to reimburse FRCA the $100 resale inspection fee for the 11 resale inspections conducted since 1 July 2008 and to credit the fee to FRCA for all resale inspections conducted in the future. The motion was APPROVED 6-0.

a. Financial motions: Don Horan gave updates on legal actions on delinquent accounts which resulted in the following actions:

1/ Harriet Schrader made a motion, seconded by Bill Barnes, to accept our attorney’s recommendation in Case #WTP082376.00306 and write off as uncollectible the sum of $1183.51 in delinquent assessments plus charges and interest. The motion was APPROVED 7-0.

2/ Tom Whalen made a motion, seconded by Dan Owens, to accept our attorney’s recommendation in Case #WTP082376.00311 and write off as uncollectible the sum of $956.02 in delinquent assessments plus charges and interest. The motion was APPROVED 7-0.

b. Ad Hoc Committee for Enforcement Document: Tom Whalen made a motion, seconded by Bill Barnes, to accept the proposed committee charter and publish it as Administrative Resolution No. 09-06. The motion was APPROVED 7-0.

c. Approve draft #2 of 2008 audit: Bill Barnes made a motion, seconded by Tom Whalen, to approve and sign draft #2 of the 2008 Audit. The motion was APPROVED 7-0.

d. Pond 5 maintenance: Tom Whalen made a motion, seconded by Harriet Schrader, to approve Total Development Solutions proposal #1165-09 in the amount of $22,675 for various items of work to maintain Pond 5 and to fund this amount from the available Replacement Reserve funding for SWM Restoration. The motion was APPROVED 7-0.

e. Community Center access control: Dan Owens made a motion, seconded by Tom Whalen, to proceed with the Ad Hoc Activity Card Review Committee Option #1, Tracking option, in an amount not to exceed $5,000 to replace the previous systems in use. Funding to be taken from the Replacement Reserve and the system to be in place and fully functional not later than 1 January 2010. The motion was APPROVED 5-2, Jake Bernard and Harriet Schrader opposed.

f. Recoating indoor pool deck: Dan Owens made a motion, seconded by Jack Mounts, to accept Chameleon Concrete Inc.’s proposal to replace the current indoor pool deck coating with a complete epoxy coating at a cost of $15, 561. The motion was APPROVED 7-0.

a. Bad Debt: Bill Barnes made a motion, seconded by Tom Whalen, to write off an additional $25.00 for case WTP 082376.00311 which combined with the $956.02 written off for this case on 22 July 2009 will bring the total write off for this case to $981.02. The motion was APPROVED 6-0, Don Horan was absent.

b. Recoating indoor pool deck: The previously selected contractor has gone out of business. After discussion, Tom Whalen made a motion, seconded by Jack Mounts, to accept Artisan Designs proposal #1253 in the amount of $12,484.50 to coat and seal the indoor pool deck. The motion was APPROVED 6-0, Don Horan absent.

g. Use of Community Center facilities by long-term caregivers: After discussion, Jack Mounts made a motion, seconded by Harriet Schrader, to allow the Activity Director discretion to permit use of the Community Center facilities by long-term caregivers without resident escort. The motion was NOT APPROVED 2-3, Jack Mounts and Harriet Schrader in favor; Jake Bernard, Tom Whalen and Bill Barnes opposed, Dan Owens abstained, Don Horan absent.

b. Request for approval to seek contractors for 2009 Master Plan Phase I implementation: After discussion, Tom Whalen made a motion, seconded by Jake Bernard, to authorize the Property & Grounds Committee to seek contractors for Master Plan Phase I implementation for 2009. The motion was APPROVED 6-0, Don Horan absent.

c. September 2009 property inspections: After spirited discussion, Harriet Schrader made a motion to direct the Modifications Committee to conduct property inspections in September 2009 in the same manner as previously conducted. This motion failed for want of a second and was not considered. Then Jake Bernard made a motion, seconded by Bill Barnes, to cancel the scheduled 15 September inspections and direct the Modifications Committee to conduct a full review of the Design Guidelines and recommend changes to the Board, and to also redefine the inspection and violations process. This motion was APPROVED 6-0, Don Horan absent.

d. Tennis court maintenance: After discussion, Bill Barnes made a motion, seconded by Jake Bernard, to color coat and re-seal the tennis courts at a cost of $10,500 using Replacement Reserve funds available for that purpose. The motion was APPROVED 6-0, Don Horan absent.

e. Horseshoe pits: After discussion, Jack Mounts made a motion, seconded by Jake Bernard, to permit the installation of a horseshoe pit in the suggested area by the pool house after relocation of necessary shrubbery. The motion was APPROVED 6-0, Don Horan absent.

a. A motion was made by Tom Whalen, seconded by Bill Barnes, to accept the proposed 2010 salary and compensation structure for FRCA employees as discussed during the executive session and to adopt a SIMPLE Retirement Account for eligible FRCA employees. The motion was APPROVED 7-0.

a. Approval of proposals for alarm system monitoring, pest control, and mosquito abatement:

b. Tom Whalen made a motion, seconded by Jake Bernard, that the Board accept the Triple S Pest Management Services 6 August 2009 proposal for a 48 month renewal of our present contract for pest control services at a rate of $27 per month [$324 per year/ $1,296 total] commencing upon the expiration of our present contract. The motion was APPROVED 7-0.

c. Tom Whalen made a motion, seconded by Harriet Schrader, that the Board accept the Triple S Pest Management Services 6 August 2009 proposal for a 24 month contract for mosquito abatement services for 2010/2011 at a rate of $395 per month [8 months active] [$3,160 per year/ $6,320 total]. The motion was APPROVED 7-0.

d. Tom Whalen made a motion, seconded by Harriet Schrader, that the Board accept the East Coast Fire Protection undated proposal #QUO-04651-RJ08XQ for Fire Alarm system monitoring for a five year period at a rate of $360 per annum [$1,800 total] commencing when agreed upon. The motion was APPROVED 7-0.

1/ Bill Barnes made a motion, seconded by Tom Whalen, to reinvest the Goldman Sachs FRCA Operating Fund CD of $50,000 maturing on 10 September 2009 in another CD of $50,000 for a term of 90 days at the best available rate. The motion was APPROVED 6-0, Jake Bernard absent.

2/ Bill Barnes made a motion, seconded by Dan Owens, to reinvest the FirstBank FRCA Operating Fund CD of $50,000 maturing on 14 September 2009 in another CD of $50,000 for a term of 120 days at the best available rate. The motion was APPROVED 6-0, Jake Bernard absent.

3/ Bill Barnes made a motion, seconded by Harriet Schrader, to transfer $848.18 from the FRCA Operating Fund to the FRCA Reserve Fund. This transfer is to balance the Reserve Fund and provide the remainder of funds owed from the Operating Fund. The motion was APPROVED 6-0, Jake Bernard absent.

b. Secretary’s Report: A number of procedural and administrative motions were presented:

1/ Tom Whalen made a motion, seconded by Bill Barnes, that the Board of Directors accept without change the previously distributed Draft #2 of the proposed Administrative Resolution “Resale Inspections” and publish it as Administrative Resolution #09-07, effective 9 September 2009. The motion was APPROVED 6-0, Jake Bernard absent.

2/ Tom Whalen made a motion, seconded by Jack Mounts, that the Board of Directors accept without change the previously distributed Draft#2 of the proposed Administrative Resolution “Meetings of the Board of Directors” and publish it as Administrative Resolution #09-08, effective 9 September 2009. The motion was APPROVED 6-0, Jake Bernard absent.

3/ Tom Whalen made a motion, seconded by Dan Owens, that the Board of Directors accept the Community Center holiday hours as proposed by the Activities Director. The Community Center will be open from 8am to 12noon on Thanksgiving Day, Christmas Eve and New Years Eve; open from 11am to 5pm on New Years Day and closed on Christmas Day. The motion was APPROVED 6-0, Jake Bernard absent.

1/ Tom Whalen made a motion that the Board of Directors agree to re-open for re-consideration the 12 August 2009 decision regarding the maintenance of the tennis courts. The motion did not receive a second and was not considered by the Board.

2/ Dan Owens made a motion, seconded by Bill Barnes, to accept the 1 September 2009 proposal from Tennis Courts Inc. for maintenance work on the tennis courts in the amount of $7,200. The funds to be taken from Replacement Reserve Funds. The motion was APPROVED 6-0, Jake Bernard absent.

d. Approve 2008 Final Audit: Bill Barnes made a motion, seconded by Jack Mounts, to approve the Final Audit report for the Falls Run Community Association for 2008 as prepared by Goldklang, Cavanaugh and Associates and dated 25 July 2009. The motion was APPROVED 6-0, Jake Bernard absent.

e. Sidewalk repairs: Tom Whalen made a motion, seconded by Dan Owens, to accept the 18 August 2009 proposal for concrete repairs from Murphy Concrete & Asphalt in an amount not to exceed $15,000 with all work to be authorized by the Property Manager. The funds to be taken from Replacement Reserve Funds. The motion was APPROVED 5-0, Harriet Schrader abstained, Jake Bernard absent.

1/ A motion was made by Jack Mounts, seconded by Bill Barnes, to permit a community wide Garage Sale under the supervision of the Activities Director for community residents only on a date to be determined in October. After discussion and review of the Declaration, the motion was declared out of order as paragraph 9.14 of the Declaration forbids garage or yard sales on individual properties.

2/ A motion was made by Jack Mounts, seconded by Tom Whalen, to permit a community Garage Sale at the Community Center under the supervision of the Activities Director on a date to be determined in October. The motion was APPROVED 6-0, Harriet Schrader absent.

b. Ad Hoc Committee for Enforcement Document: A motion was made by Jack Mounts, seconded by Jake Bernard, to forward the draft Administrative Resolution “Covenant and Enforcement Policy” dated 21 September 2009 to our attorney for legal review. The motion was APPROVED 6-0, Harriet Schrader absent.

c. Common grounds maintenance contract: After discussion which noted that the present cost of this contract is over $117,000 including reimbursements to the Villas under our negotiated agreement, a motion was made by Tom Whalen, seconded by Jack Mounts, to accept Shenandoah Landscaping Services proposal #EFRLJW09-31372 for maintenance of the common grounds as presented by the Property & Grounds Committee for the full three year period at a cost of $101,441 per annum for the years 2010-2012. The motion was APPROVED 6-0, Harriet Schrader absent.

d. Snow Management proposals: A motion was made by Jake Bernard, seconded by Dan Owens, to accept the Goodfellers 22 July 2009 proposal for snow management services. The motion was APPROVED 6-0, Harriet Schrader absent.

1/ A motion was made by Tom Whalen, seconded by Bill Barnes, that the FRCA accept Shenandoah Landscaping Services proposal #EFRLJW09-13895 for Package A in the amount of $22,954 to be taken from the $25,000 2009 Operating funds allocated for Master Plan Phase I. The motion was APPROVED 6-0, Harriet Schrader absent.

2/ A motion was made by Tom Whalen, seconded by Jake Bernard, that the FRCA accept Shenandoah Landscaping Services proposal #EFRLJW09-13895 for Packages B and C in the total amount of $6308 [Package B $2989 and Package C $3278 after deducting $352 for the forsythia bushes which had not been requested as part of the package] to be taken from 2009 Operating Funds allocated for Erosion Management/Repair. The motion was APPROVED 6-0, Harriet Schrader absent.

f. Approval of C. Heath’s volunteer tree project: After discussion, a motion was made by Tom Whalen, seconded by Dan Owens, that the Board of Directors acknowledge Chuck Heath’s status as a FRCA volunteer conducting an inventory of trees planted on common ground since 2002 and rehabilitating trees that were improperly planted. The motion was APPROVED 6-0, Harriet Schrader absent.

g. Proposal for fall flowers: A motion was made by Tom Whalen, seconded by Bill Barnes, to accept Shenandoah Landscaping Services proposal #EFRLJW-13852 for fall flowers in the amount of $2610 to be taken from 2009 Operating Funds allocated for this purpose. The motion was APPROVED 6-0, Harriet Schrader absent.

h. Maintenance for Uninterruptible Power System: A motion was made by Dan Owens, seconded by Jake Bernard, to accept the Robert D Samuels Inc. 9 September proposal in the amount of $6735 for these services with funds to the taken from current Operating Funds for general maintenance. The motion was APPROVED 6-0, Harriet Schrader absent.

VII: Special Meeting of 30 September 2009: All members were present. This Special Meeting was devoted to the preparation of the 2010 Budget and no other business was conducted.