Town Crier Articles

 

 

When you are at a bakery and hungrily peering at yummy desserts, have you ever wished you could taste them all?  Now is your chance. 

 

The New Town Activities Committee is inviting all New Town families and friends to kick off the holiday season by joining us for a FREE Dessert Festival on Wednesday, December 7, at Legacy Hall from 6:00 - 8:00 to taste desserts from local Bakeries.  

 

Judging for the Bake-Off will also take place at this event. There will be drinks and seating provided for attendees to relax and enjoy the goodies.  We looking forward to seeing you.  

 

This event is open to ALL New Town residents. 

 

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This is the continuation of the Special Meeting of October 18, 2022, which was continued with voting on the proposed revised governing documents remaining open. The votes will be tallied and results announced at this meeting. 

 

 

 

The annual meeting will include reports on NTRA Committee business from 2022, comments from our management company (Chesapeake Bay Management) and the Board of Directors. The purpose of the meeting is the election of two Directors to serve on the 2023-2025 Board of Directors. In addition, Members will be asked to vote on 1) the disposition of any surplus 2022 funds (per IRS requirement) and 2) an amendment to the Amenities Use Easement and Agreement that currently obligates the NTRA and the New Town Commercial Association to use the same management company. 

 

Both December 14th meetings are open to New Town Residential Association Members only. Registration begins at 6PM.

 

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Did you know that the Architectural Review Committee (ARC) has a procedure for considering applications from homeowners wanting to make permanent exterior changes to their homes?  The main take away for homeowners is the requirement that applications be submitted one week prior to the scheduled ARC meeting which takes place on the 2nd Monday of each month at 4:00PM. This is not a new requirement or change. You can find our requirements on the NTRA website under Committees, Policies, Newsletter Archives/ Policies and Guidelines/4.0 Architectural Review - Changes to Property/ and the following three documents 4.1 (Guidelines) 4.1A (Application) and 4.2. (Procedures).  Excerpts from the relevant ARC process documents are listed below.  

 

The ARC has tried to accommodate homeowners who submit applications within that one-week time limit, but this has become unworkable. An agenda for the ARC meeting must be posted on the NTRA website in advance of the meeting, all applications submitted must be verified by the management company for completion and then forwarded to ARC members, and ARC members must have time to visit the properties to see what the proposed changes involve.  Having a complete application submitted one week prior to the ARC meeting allows time for all of these things to happen in an orderly fashion. Please remember to submit ARC applications at least one week prior to the ARC meeting or they won't be reviewed until the subsequent month.

 

 

 

 

 

 

This informational meeting hosted by the NTRA Board of Directors had dual purposes. 

 

 

The first New Town landscaping contract under full homeowner control went to James River Grounds Management, who are well established in this area. Staff members and management introduced themselves with statements regarding their roles in the services provided.

 

James River staff then discussed their planned entry audit of the entire community, including common areas, trails, BMP’s and lots, to document current conditions, flag safety hazards and any areas of concern.  The team described their processes for: 

• Routine lawn maintenance using smaller closed deck mulching mowers followed by a string trimmer. In response to a question, their policy is to have workers report areas that are too wet to mow for the supervisor’s consideration.
• Quality control, including weekly inspections of work and site audits to determine overall quality and enhancement opportunities. 

Two specific policies were highlighted:

• Policy on individualized plant beds, which will not be serviced
• Buffer zones to be created with herbicide under fences in order to protect them

A calendar approximating services by month was part of their presentation (now posted on the website LINK).

 

Questions included: 

1. Environmental impact of chemicals. James River follows EPA and JCC guidelines, and uses VA Tech trainers. Chemical treatments are not outsourced.
2. Request for a phone number rather than submitting tickets. Both the company and Anne Ingram (Chesapeake Management) find the ticket system much more efficient and responsive, at least for now.
3. Many questions arose regarding fenced yards: James River staff discussed the merit of buffer zones, which will be required, to protect fences, as was standard policy in early days of New Town. Pictures are on the website. Questions and answers regarding costs: the budget has been set up to cover potential costs if the new documents are passed and mowing of fenced yards is allowed. There was discussion of buffers for fences between lots. 
4. In response to a question, James River will service the BMP’s quarterly, using JCC guidelines. They also prune and mow 6-8 feet alongside the trails and haul all debris away, being mindful of protected areas. 
5. Crabgrass / weed prevention: James River does its own applications in confirmation of JCC law (48 hours notice to community) and tries to anticipate /forestall problems. 
6. Irrigation: this is a separate contract, which has not yet been awarded. 

To help ensure that all parties live up to our agreement with James River, a delineation of responsibilities for both homeowners and the company has been approved by the Board of Directors. See the document Landscape Services and Responsibilities on the NTRA website. It goes into effect on January 1, 2023.

 

 

 

The second part of the meeting was devoted to an introduction of candidates for the 2023-2024 Board. Board Vice President Jack Espinal stressed that candidates should be committed to serving the entire community, be able to subjugate personal feelings to that goal, and be open to other’s ideas. 

 

Three candidates for the two openings presented their views and credentials, here in summary form. Please check the NTRA website for more information about these candidates. 

 

Ruth Burgess, a retired United Methodist minister, has served on the NTRA Finance Committee and stressed the need for a sense of collaborative community. She previously lived in Reston, the first “new urban” community in VA and draws from that experience and vision.

 

Jeff Kuperstock, a retired attorney, stated that his views are at variance with the current Board, especially his opposition to the proposed revised governing documents. He favors decentralized control through neighborhood boards that could interact on NTRA issues. (Editors note: please see comment below for clarification).

 

Caitlin Melchior is a recent New Town arrival with a background in corporate law, and an MBA augmenting her JD. While still in the learning process about our community, she stressed her commitment to candor and cooperation with civil dialogue. 

 

All candidates agreed that the NTRA should have a constructive relationship with the New Town Commercial Association. In response to concerns about increasing numbers of tenants, the consensus was that there is no legal remedy to limit rentals unless it is done at the outset of a community. 

 

Another important vote is coming at our 2022 Annual NTRA Members Meeting. There are two ballot resolutions to be approved – 1) the annual resolution allowing the Association to apply any year end surplus funds to our reserve funds to avoid paying income tax, and 2) a proposed amendment to the “Shared Amenities” agreement. Owners are asked to approve both resolutions.

 

In particular, in Resolution 2 owners are asked to approve an amendment to the Amenities Use Easement and Agreement between the New Town Residential Association (NTRA), the New Town Commercial Association (NTCA), and New Town Associates (NTA), the New Town Developer. This vote is an important action to reflect how both Associations are managed and now operate. 

 

What is the Amenities Use Easement and Agreement?

 

The Amenities Use Easement and Agreement (referred to commonly as “Shared Amenities Agreement”) is an agreement between the NTRA, NTCA, and NTA concluded in 2015, when the Developer controlled all three entities. This document outlines the rights of owners in each Association to enjoy the common areas throughout New Town, and the obligation of each party to share in the cost of their upkeep. This agreement covers items like shared electrical lighting, maintenance of dog stations, security, landscaping at community entrances, seasonal banners and decorations, etc.- items located throughout both New Town’s commercial and residential neighborhoods.  Oversight is provided by a Managing Committee with Board Members from both Associations which meets annually to review the cost sharing budgets for the upcoming year.

 

The 2015 agreement places the NTRA at a disadvantage. The agreement’s representation is 1 vote for NTA, 3 votes for NTCA and 3 votes for NTRA. The agreement favors the Developer through at least 2026 because as Declarant for the NTCA and President of NTA, the Developer controls four Committee votes. The agreement also permits the Declarant to unilaterally subject future real estate to the provisions of the agreement (paragraph 1b) “without the consent of either Association or the Committee.” This is a critical challenge for the NTRA given the possibility of development of neighboring Eastern State Hospital property.

 

Why is this amendment needed now?

 

The Amendment would remove language prohibiting us from having a management company that is different from the NTCA. There are two parts of the agreement that must be changed.

 

Currently paragraph R5 in the Recitals states: 

 

This paragraph needs to be removed. For many years both the NTRA and the NTCA used the same management company, Town Management LLC. However, in December 2021, NTRA and Town Management mutually terminated their contractual relationship.  At that time the NTRA asked the Managing Committee for a waiver to this single management company requirement and proposed an amendment, but the Chair (NTCA President and NTA President) declined asking the NTCA’s legal counsel to review the situation. NTCA’s legal counsel advised against a waiver, saying “any amendment must be approved in accordance with the Amenities Easement and Agreement.” The Amendment we are voting on follows this process.

 

The assumed benefits of a single manager no longer apply to our community.  Our two management companies work together on maintenance items, services are provided, and bills are paid accordingly. Over the past year it has been demonstrated that this cooperation works, so we need to legally reflect the separation.

 

Similarly, paragraph 7 “Single Management Company” is no longer relevant and needs to be deleted in its entirety from the Agreement.  Paragraph 7 currently reads:  

 

Why does such a change require a Member vote?

 

Section 18 of the agreement requires that “any amendment to Paragraph 7 of this agreement (requiring a single management company) ...must be approved by not less than 2/3rds of the votes cast in person or by proxy at a duly called meeting of the members of each Association at which a quorum is present.”

 

While the Boards of each Association and the Declarant can amend other sections of the document, a change to Section 7 requires both Boards approval and a member vote by both Associations.  The NTRA Board has approved this amended language and we are starting the NTRA voting process by asking for your approval on December 14th.  Then the decision process will move to the NTCA.

 

How will this change affect the NTRA and NTCA relationship?

 

NTRA and NTCA continue to cooperate routinely.  The proposed amendment includes adding a new sentence 6g to recognize the involvement of both management companies at the annual Managing Committee meeting.

 “NTRA and NTCA may appoint a representative or representatives of their respective management companies to attend and participate, but not vote, in Committee meetings.”

 

Recently a Charlotte Park owner publicly criticized the Board for “tarnishing the relationship with the NTCA.” That is not the case. The NTRA Board has been working hard to be treated fairly on cost sharing, and as an equal partner in this agreement. In fact, this December 14th planned amendment vote was suggested by the President of NTCA and NTA as a way forward on this one topic only, so that the NTRA is not kept in continued violation of the agreement.

 

Certainly, more changes to the Shared Amenities Agreement are needed going forward.  The NTRA recently asked that the Managing Committee work on a larger revision of the entire agreement but that motion did not pass.  

 

Support this necessary first step to equal partnership by approving Resolution 2.

 

Give a child something to smile about this Christmas by donating a new, unwrapped toy. Toy donations are being accepted through Saturday, December 10, and may be dropped off here in New Town at Liz Moore & Associates at 5350 Discovery Park Boulevard, Williamsburg. Their hours are 9 am – 5 pm Mondays thru Saturdays and noon – 3 pm on Sundays.  A Toys for Tots donation box is in the lobby.  

 

 

Let the holiday races begin!  No doubt this is joyous time of year for many and while agendas become packed with old traditions to manage and new ones to implement, stress becomes a serious burden and many slide into January exhausted and a little dismayed. Please keep your wits about you, whether you’re shopping, cooking, baking, decorating, wrapping or traveling, no matter how short the excursion. The Electrical Safety Foundation International (ESFI) offers some fairly dismal holiday statistics on its website from candle fires to falls off roofs—and there are other websites that offer so many dangers from toys and games. Well, checkers seems like the only gift to give without a serious risk attached. Highway safety? Let’s not even go there. While it would not enhance our holiday joy to rehearse all the gloom here, it is wise to advise the reader to be careful out there. Try to avoid haste and exhaustion. Rest. Improvise or shorten your to-do list when time gets short or fast-curves are thrown. One less dessert for the table, a few gifts thrown into bags instead of individually wrapped, one holiday luncheon canceled won’t matter in the long run. In the end, there won’t be a holiday if you’re not around to greet it.

 

 

Holiday Riddle:  What was the first company to use Santa in its advertising?

 

Curious Info:  Christmas 1914--Roughly 100,000 British and German troops were involved in the informal cessations of hostility along the Western Front in 1914. The Germans placed candles on their trenches and on Christmas trees, then continued the celebration by singing Christmas carols. The British responded by singing carols of their own. The two sides continued by shouting Christmas greetings to each other. Soon thereafter, small gifts were exchanged, such as food, tobacco, alcohol and souvenirs, such as buttons and hats. The artillery in the region fell silent. The truce also allowed a breathing spell where recently killed soldiers could be brought back behind their lines by burial parties. Joint services were held. In many sectors, the truce lasted through Christmas night, continuing until New Year's Day in others.

 

Historical Fact:  Because the holiday falls near Christmas, it's a common belief that Hanukkah is the most important holiday in Jewish tradition, but it’s actually not. Those would be the High Holy Days: Rosh Hashanah and Yom Kippur. 

 

Holiday Quote: 

"Hanukkah is about the freedom to be true to what we believe without denying the freedom of those who believe otherwise." —Rabbi Jonathan Sacks, Chief Rabbi of the United Hebrew Congregations of the Commonwealth

 

Holiday Hack: Protect outdoor light cords by placing the plugs in a lidded plastic container; store small, fragile ornaments in an egg carton to prevent them from breaking; and keep holiday lights wrapped around a clothes hanger to prevent them from tangling.

 

 

 

Our community has a small, but mighty, communications committee comprised entirely of volunteers. The communications committee sends Eblasts, updates the Facebook page, publishes the Town Crier each month, maintains and updates the NTRA website, designs, prints and posts signage around the neighborhood, and more. If not for the efforts of these volunteers, residents would not receive information about community events, changes and guidance around our residential association policies and procedures, NTRA business, or other informative news. 

 

The current requirements of the committee have surpassed our available resources. We are in last-chance recruitment mode… if you have a few hours to give to your community and have any interest in writing and/or editing for the Town Crier, website maintenance and updates, or general communications support, please join us today! 

 

Without additional volunteers, the following changes are being considered for 2023:

 

To provide feedback and/or join the team, please email ntratown.crier@gmail.com

 

Williamsburg Area Transit Authority (WATA) is soliciting feedback on upcoming route changes in your area. As a result of a Transit Consolidation Study, the proposed changes include restructuring WATA’s existing Route 5 and Route 14 services resulting in a new route that will go through your area: Route 12. In 2020, we discontinued our trolley service due to COVID-19. Route 12 will serve as its replacement, becoming a full-service fixed route. Due to the restructuring of the routes, WATA would like to hear your feedback on a couple of proposed new stop locations, especially the two inbound route options on Casey Boulevard in the residential community. 

 

On Route 12’s outbound trip beginning at the Williamsburg Transportation Center, WATA is proposing new stop locations in the following places: (as depicted in the maps below – Figure 1)

On Route 12’s inbound trip heading back towards the Williamsburg Transportation Center, WATA is proposing new stop locations in the following places: (as depicted in Figure 2 below)

or

These route changes will provide increased access to public transit by providing service more frequently to the New Town area. Each bus stop will be marked with signage only and buses will stop in the road.

 

These route changes are planned to go into effect as of November 14, 2022. (See Figure 3 for entire route through New Town.) 

 

Your feedback is important to help WATA ensure that the new stop locations provide safe and effective service to your area. Please email all questions and comments to Ben Goodill, Director of Planning and Administration at Info@gowata.org, no later than November 9th, 2022

 

Figure 1. Settlers Market Stops

 

 

Figure 2. Casey Blvd Inbound Options

 

 

Figure 3. Entire New Town Route

 

The first phase of our vote for revised Governing Documents took place from September 6th to October 18th.  The results were inconclusive because less than 300 owners voted. This total was announced at the meeting and included all the electronic, absentee and in-person votes as of that date. Due to the lack of participation, the Special Meeting was continued beyond the October 18, 2022 meeting date.  

 

There is still time for you to participate and vote!

 

Generally, the voting for a set of revised HOA governing documents can be a drawn-out affair – averaging 8 to 12 months in many cases.  The Board of Directors hoped to conclude the vote in time for our 2023 budget preparation because the revised documents would change the assessment methodology. Since a new budget must be approved by December 1, 2022, we plan to prepare assessments based on our current documents and await the final vote results. 

 

There have been a few questions about the continuation or adjournment of a Special Meeting under Roberts Rule of Order. Here are some facts to help you sort out this process.

 

Recall that in 2020 the first NTRA homeowner Board of Directors extended the vote for the First Amendment to the Master Declaration (related to Savannah Square) in order to gather enough “yes” votes to pass the amendment. (Please see the Town Criers of June, July, August and September 2020 for how this was handled – https://www.ntrawilliamsburg.org/news-articles/)  

 

However, in the current election NO ONE HAS COUNTED THE BALLOTS OR IS TRACKING THE FOR AND AGAINST VOTES.  The electronic votes are locked in the ezVote software system and Chesapeake Bay Management has control of the paper ballots as part of their professional responsibility.  We are holding a secured, honest and fair election that has not yet been called.

 

The Association needs sufficient New Town wide participation to determine the will of most owners. Ballots from less than half of our 618 lot owners do not do that.

 

Owner apathy hurts everyone in our community. Get involved! Use an absentee ballot or your electronic ballot link from ezVote to let your voice be heard.