Town Crier Articles

 

 

If you enjoyed the January 29th women's basketball game, gather the family for another New Town Day to cheer on the William and Mary Men's Basketball team. 

 

 

 

 

The New Town Residential Association will hold its election to fill two vacancies for homeowner Directors starting December 1 to 13th. EZVote will again be the service used for voting so look for your link today from: support@ezvote.com.

 

To help you compare the candidates, here is some additional information. Their full applications can be found on the NTRA Website 2023 Board Elections page. 

 

Two candidates will be elected for fill our vacancies for 2023-2024.

 

 

 

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.