Town Crier Articles

All August Articles (Text Only - No Photos)
Posted on August 1, 2021 6:55 AM by Town Crier Staff
The ABCs of Our Articles of Incorporation
Stuart Dopp
 
As you perused our NTRA Bylaws, you probably noted references to our Articles of Incorporation. It is easy to miss this document because it is so much shorter than all other parts of the large Disclosure packet we received when purchasing a home in New Town. Articles of Incorporation for HOA’s vary by state, but generally set the name of the the Homeowners’ Association; declare its function as a non-profit, mutual-benefit corporation; and identify its agent (the person authorized to receive legal notices on the HOA’s behalf). Our Articles also enumerate the obligations and authority of the HOA, set the terms of membership, and protect officers and others working on behalf of the HOA from some types of liability.
 
In essence, the Articles give legal status to the organization. It is the only Governing Document that must be available to members of the public and filed with James City County as well as the Corporation Commission of Virginia. Importantly, our current Articles provide for the appointment of Directors (who did not need to be Owners or residents) during the period of Developer Control, but also delineate the process for electing the Board of Directors by our members after the expiration of Developer Control (2020). 
 
Because a large portion of our Articles of Incorporation concern the role of the Developers and are no longer pertinent, you can expect an even shorter, revised document for your review in the near future. Stay tuned as we finish unraveling the mysteries of our current governing documents and prepare to study the revisions, which will be as concise as the law and necessity allow.  Your well-informed vote matters!
 
CRIER STAFF NOTE: The Articles are the final segment of our Crier series on the current NTRA Governing Documents. Look for the rollout of our new draft documents in the September Crier.
 
Board Buzz – August 2021  
Rick Fisher, Treasurer
 
Update on Our 2021 Budget Challenge
We began the year knowing that it would be very challenging financially. In the 2021 Budget Town Hall Meeting in November, we discussed the following:
  • Managing Agent Financial Audit
  • Capital Contributions and Administrative Fees
  • Village Walk Irrigation
We have made excellent progress in each of these areas.  
 
The Managing Agent Financial Audit began on May 17th and will conclude at the end of August. At that point in time, the Board of Directors (BOD) will receive an Audit Report which will be posted on the website.  
 
Capital Contributions and Administrative Fees collected at closings for new sales and resales have been deposited in our Operating Savings Account.  This has allowed us maximum flexibility to address incremental expenses not identified in the Adopted Budget.  In the first six months of the year, a number of unbudgeted expenditures have been required (Note: some projects have been approved for completion but are not yet started):
  • Legal expenses associated with the rewrite/revision of our Governing Documents (originally anticipated to begin in late 2021/early 2022)
  • Need for two pool lifeguards to address Covid-19 Requirements
  • Consulting Services to assist the BOD in formulating the 2022 Budget 
  • Playground Site improvements to address drainage, landscape screening for slide
  • Tree removal in Roper Park
  • Employment of an Independent Engineering Firm to inspect assets planned to be transferred from the Developer to the Association
 
The Village Walk irrigation system is being mapped with the direct involvement of the builder Eagle Construction and significant progress has been made. We are currently spending less in this area than Budgeted. 
 
Major Association Assets identified in the 2019 Replacement Reserve Study, will require repair and replacement earlier than planned. Major items that have already been or must be addressed are:
 
  • Refurbishment of the pool pergola which was completed before the pool opening.  
  • A complete resurfacing of the pool  as well as caulking, filter recharging and skimmer replacements. The resurfacing is set to begin in the September/October time frame.  This is two years earlier than planned.
 
As you can see, the BOD has been very busy addressing a large number of issues, all of which have a financial impact.  
 
Board of Supervisors Mulls Eastern State Land Use Proposal
Jim Ducibella
 
A standing-room-only audience crowded into 101 Mounts Bay Road on July 13 for the James City County Board of Supervisors meeting, during which one of the main topics was a potential development connecting New Town to Commonwealth-owned land that is part of Eastern State Hospital.
 
Recently, Atlantic Builders of Virginia, which has an option to purchase part of the 400-acre lot, made a request for parcels C-1 and C-2 to be rezoned from public use to mixed use. The James City County Planning Commission approved the request by a vote of 5-2, opening the possibility of a commercial and residential development. 
 
ABVA is proposing that access to a development encompassing approximately 85 homes be routed down Discovery Park Boulevard – and that the new development become part of New Town and its residential and commercial associations.
 
In a room occupied largely by New Town residents, at least five members stood before the Board to voice their concerns and disapproval for ABVA’s hoped-for plan. The Board indicated at the start that it did not intend to take any action that night, nor would it for an undetermined period of time.
 
Dick Durst, president of the New Town Residential Homeowners Association, spoke on behalf of the Association’s Board of Directors.
 
“Our first request is to leave the current land-use designation as it is; that is federal, state and county land,” Durst said. “We are very concerned about the environmental and logistical impact that such a large volume of homes could be built on this property, as well as the demands this will place on our infrastructure and the resulting increase in traffic on our already crowded roads and streets.
 
“Second, the New Town Residential Association and our members were never consulted by ABVA with a request to add New Town to the mixed-use request. We have not had adequate time to discuss positives or negatives by adding the volume of these homes to our Association.”
 
Resident Stuart Dopp explained that in addition to vehicular traffic, New Town is a haven for walkers¸ runners, cyclists, dog walkers, all of whom would incur increased danger from the type of additional traffic construction vehicles and, ultimately, residential traffic to the new development would present.
 
Initially, ABVA’s proposal would route construction and other traffic down Olive Drive and Discovery Park Boulevard. However, ABVA subsequently sent a letter to Durst and Jamestown District Supervisor Jim Icenhour walking back the proposal to use Olive Drive.
 
However, New Town resident Mark Newcomb pointed out that the letter was unsigned and under no letterhead.
 
“As an attorney, that means not much to me, just a piece of paper,” Newcomb said. “Our request is that before you approve the development . . . you get some kind of commitment in terms of a contract from ABVA so that they will develop what they present to you and not seek an extension beyond that so that we can protect the character and the ‘calm,’ if you will, of the neighborhood.”
 
Vernon Geddy, attorney for ABVA, emphasized that he would “publicly state to the Board” that the commitment ABVA made in its letter not to use Olive Drive was firm, and was based on responses received from New Town residents at the first of two recent Town Hall meetings.
In fact, he said, he has ben asked to draft a deed to convey to the Association a piece of property ABVA owns in that area that could be used for traffic.
 
“There will be no vehicular traffic through the Charlotte Park neighborhood,” he promised.
Geddy also reiterated that their proposal is “nothing but conceptual, not a detailed plan” because none of the (many) studies that will be done to determine the full impact of the project have not been done.
 
“We’d very much like to get to that stage,” he said. “We think this could be a win-win for the neighbors, the developer, the county and the Commonwealth.”
 
Finally, Geddy asked that “New Town” be removed from the title of the proposal, and that it be renamed “Eastern State.”
 
The Board of Supervisors did not take action on the proposed revisions to the Comprehensive Plan. Rather as announced at the outset by Chairman Hipple, the Board used the hearing as a listening session to take in input that can be used in further deliberations and work sessions on the final plan. Stay tuned!
 
NEW TOWN SOCIAL AND SWIM
Activities Committee
 
Let’s enjoy the summer together! Come meet your neighbors, spend time with your friends and make new friends.  Summer is short so let’s have an party by or in the pool!  Find a sitter and join us for fun.
 
The NTRA Activities Committee will be hosting a Special Event on Tuesday, August 17, 5:30 – 7:00 PM.  Put away those “Summertime Blues” for some summertime fun.  RSVP’s will not be necessary for this party- we just want to see you there!
 
The pool is not normally open on Tuesdays, but because we want to have fun and are adults, the pool will be open for swimming and lifeguards will be on duty. Please invite your friends to come along and bring food and drinks of your choice. (Participants over the age of 21 are permitted to have an alcoholic beverage at this event.) You can even share with each other and get new recipes for next time!  Drinks must be in plastic containers as nothing ruins a pool party like broken glass!!  There will be a raffle for prizes (who doesn’t want to win a free prize?)
 
We are hopeful that we can have more parties going forward and would like your feedback.  Would you attend monthly?   Tell us what kind of events you would like.  Some special themes suggested include:  Beach Party Bingo, Hawaiian Night, Christmas in July, Beach Surfer Party, “Under the Sea,” ‘50’s – ‘60’s Party, etc.  Send your suggestions to the Activities Committee at jbyrnesusa@hotmail.com.
 
Looking forward to seeing you on August 17.  
New Town Pup Plunge
Activities Committee
 
Monday, September 6th, 7:30PM at New Town Community Pool
After the pool's closing for "human swimmers", bring your dog for some "canine companions" swim time. There will two time slots – one for dogs under twenty pounds and one for dogs twenty pounds and over.  Dogs and their owners must register for this event.
 
THIS EVENT  REQUIRES PRE-REGISTRATION OF YOUR DOG. Read the requirements for participation and submit your registration form by August 30, 2021.
 
This information is also available on the NTRA website calendar.
 
NT Dave's Deals - Earthfare
Jim Ducibella
 
The Holtgrieves, Dave and Paulette of Charlotte Park, are bargain shoppers and they take delight in finding a new deal. It could be food, or fun or furniture. They know how to do it, and they do it well.
 
In this occasional series (when they find something they like, they’ll let us know), we focus on a nearby grocery store that has re-opened its doors after a somewhat brief hiatus: Earth Fare on Monticello.
 
In February, 2020, the chain, which started in Asheville, N.C., announced it was closing its doors after 45 years. Known for their natural and organic offerings, it seemed like their absence would open a huge hole in the Midtown Row shopping center. But not long after declaring bankruptcy, Dennis Hulsing purchased the company and re-opened some of the stores, including Williamsburg.
There are some great deals to be had at this store, ad we’ll run down a couple of them:
Monday -- $6 for a Non-GMO fresh-roasted chicken, and fresh-baked baguettes, 2 two for $3
Thursday – 4-ounce super-lump crab cakes, 2 for $10
Friday – 16-inch, take-and-bake pizzas, your choice of veggie, pepperoni or cheese, $7
 
Quick Getaways -- Fort Monroe
Jim Ducibella
 
The Fort Monroe National Monument in Hampton is 325 acres of American history, 90 of which area concentrated around the fort. It spans the American story from before the 17th century European arrival to the 21st century: the American Indian presence, Captain John Smith's journeys, its place as a haven of freedom for the enslaved during the Civil War, and a bastion of defense for the Chesapeake Bay.
 
The Casemate Museum is open from 10:30 a.m. to 4:30 p.m. Inside, there are brochures, including one for a self-guided walking tour. There is a daily guided walking tour of the fort at 11 a.m. from Memorial Day through September forming at the Casemate Museum entrance. Guided tours for groups of 10 or more can be scheduled by calling 757-788-3391. The cost is $3 per person. Allow a two-week notice when scheduling.
 
For those who don’t know, construction on Fort Monroe began in 1819, and the fort was completed in 1834. It is the 396th unit of the National Park Service. It was established by President Obama on November 1, 2011 by executive order using the Antiquities Act, the first time he had exercised this authority. 
 
There are 259 buildings and structures at Fort Monroe; 169 are historic. Fort Monroe is the fourth fort on this location (known as Old Point Comfort).The earliest fortifications, Fort Algernourne, were built by English colonists in 1609. Today, Fort Monroe contains 176 housing units, and approximately 160 families live there.
 
In addition to the history, there are numerous and varied available activities. Guests can fish off Engineer Wharf, located on Fenwick Road adjacent to Continental Park. A Virginia Saltwater Fishing License is required, which can be purchased at the Old Point Comfort Marina, or online at http://www.dgif.virginia.gov/licenses/.
 
There is one lifeguarded beach (Outlook Beach), though lifeguard service stops Labor Day.
 
In a 2009-2010 study, 89 species of birds were observed at Fort Monroe. Fort Monroe is home to a total of nine species of trees and a total of 249 species of flora representing 179 genus and 67 families of plants. The area has 136 native and 113 introduced plants meaning 55% of the plant assemblage of Fort Monroe is made up of native species and 45% of introduced species.
 
The Fort Monroe Event Calendar also provides additional information about on-site activities.
 
There is no fee at Fort Monroe National Monument. For more information, visit this website 
 
Don’t Forget the Downspouts
Landscape Advisory Committee
 
Does the rain runoff pool a little too close to your foundation or walkways for comfort? Does rain wash out your mulch bed onto the lawn? Well it could be your downspout, downspout block or lack of one or both! Some of them do go missing! Do you know where your downspout is?
 
Your gutters carry the water and debris that washes off the roof, but your downspouts do the rest of the work. Without them, all that water would drain at the base of your home, which can compromise the foundation. This can also create poor conditions for landscape crews working in the area passing through with mowers.
 
Inspect gutters and downspouts for rust, leaks, holes or corroded joints. Repair compromised issues, and replace any downspouts that are bent out of shape or beyond repair.
 
Often rocks placed at the end of downspouts need to be raked up or refreshed periodically. This can make a big difference in how rain water distributes at ground level. Take this opportunity to consider downspout extenders if necessary to provide better drainage and to avoid creating voids in the ground at the end of downspouts.
 
If your mulch bed edge doesn't seem to be holding the mulch in place after rain, your edging may be too shallow. You can use a half moon or square edge shovel or spade to create the depth you like, generally about 3-3.5" will work well.
 
Pool Pizza Party Serves a Slice of Fun
Activities Committee
 
How do you get a whole bunch of people to agree on something? Make that "something" free pizza at the pool and offer prizes! Our Activities Committee did just that and drew a crowd of just under 100 residents to the pool on July 9!
 
Every attendee received a raffle ticket with entry and drawings were held for frozen treats at Sweet Frog!
 
Raffle winners (Sweet Frog):
Pat Bright
Marie Theil
Tracy Waible
Ken Fones-Wolf
 
Survey Results - What Business Would YOU Most like to see in New Town?
Residents Submission
 
The results are in! We asked you, New Town's residents, to share your wish list for businesses to come to our community. 37 of you answered! It looks like our community really misses their caffeine...
 
Results behind the link below!
 
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