June 6, 2014 To: Columbia Association Board of Directors Advisory
Transcription
June 6, 2014 To: Columbia Association Board of Directors Advisory
June 6, 2014 To: Columbia Association Board of Directors Advisory Committee Chairpersons Village Board Chairs Village Managers Members of the Press CA Management From: Andrew Stack, Board Chair The Columbia Association Board of Directors Meeting will be held on Thursday, June 12, 2014 at 7:30 p.m. at the Columbia Association Building, 10221 Wincopin Circle, Columbia, MD 21044. AGENDA 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Call to Order (Announce Directors/Staff in Attendance) Announcement of Closed/Special Meetings Held/To Be Held Approval of Agenda Disclosure of Conflicts of Interest Resident Speakout May 8, 2014 May 22, 2014 Approval of Minutes Chairman’s Remarks Recommendations for Board Action (a) Approval of Resolution – Appointment of Milton W. Matthews as President Discussion Period – CA President and Board of Directors Committee Chairs’ Remarks (a) Board Operations Committee (b) External Relations Committee (c) Planning and Strategy Committee (d) Strategic Implementation Committee Recommendations for Board Action (a) Consent Agenda 1. Approval of Appointments to the Wilde Lake Architectural Committee 2. Approval of Appointments to the Kings Contrivance Architectural Committee 3. Approval of Appointments to the Oakland Mills Architectural Committee 4. Approval of Appointments to the Hickory Ridge Architectural Committee (b) Recommendations for Action 1. Approval of the Howard Hughes Corporation Easement Request – Broken Land Parkway to Banneker Road Pathway 2. Approval of the Transfer of Capital Budget Funds from Projects Closed in FY 14 to Haven on the Lake 1 min. 1 min. 1 min. 1 min. 15 min. 5 min. 3 min. 2 min. 30 min. 16 min. (4 min.) (4 min.) (4 min.) (4 min.) 43 min. (2 min.) (2 min.) (2 min.) (2 min.) (5 min.) (30 min.) 12. 13. 14. 15. Committee Agendas (a) Planning and Strategy Committee 1. Discussion (a) Columbia Market Study Overview and Next Steps (b) Committee Tracking Form (b) Board Operations Committee 1. Discussion (a) Addition of Board Member Updates to Board Meeting Agendas (b) Worksession on July 24 – CA and the Environment Tracking Forms (a) Tracking Form for Board Requests (b) Tracking Form for Resident Requests Talking Points Adjournment – No Later than 11:00 p.m. (Expected Ending Time: Approximately 10:30 p.m.) 32 min. (30 min.) (2 min.) 20 min. (10 min.) (10 min.) 5 min. 2 min. Next Board Meeting: Thursday, June 26, 2014 ARRANGEMENTS FOR AN INTERPRETER FOR THE HEARING IMPAIRED CAN BE MADE BY CALLING 410-715-3111 AT LEAST THREE DAYS IN ADVANCE OF THE MEETING. CA Mission Statement Working every day in hundreds of ways to make Columbia an even better place to live, work, and play. CA Vision Statement Making Columbia the community of choice today and for generations to come. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 DRAFT Minutes of the First Board of Directors Meeting May 8, 2014 To be approved: June 12, 2014 A meeting of the Columbia Association Board of Directors was held on May 8, 2013, at 8:05 p.m. at the Columbia Association building. Present were members Andy Stack, Reginald Avery, Michael Cornell, Brian Dunn, Jeanne Ketley, Alan Klein, Nancy McCord, and Russ Swatek. Tom O’Connor and Greg Schwind joined the meeting via telephone. Interim President Susan Krabbe was present as was Governance Chief of Staff Rob Goldman. General Counsel Shari Fanaroff joined the meeting via telephone. Ms. Krabbe chaired the meeting. 2. Vote to Close the Meeting Action: Mr. Schwind moved to close the meeting as authorized under the Maryland Homeowners Act, Md. Code, Real Property § 11B-111 (4) (iv), consultation with staff personnel, consultants, attorneys, board members, or other persons in connection with pending or potential litigation or other legal matters; and Mr. Dunn seconded. After a brief discussion, the Chair called the question. The motion failed. Vote: 5-5-0 For: Messrs. Cornell, Stack, Dunn, Schwind, and O’Connor Against: Mses. McCord and Ketley; and Messrs. Swatek, Avery, and Klein Abstain: None 3. Approval of the Agenda Action:Mr. Cornell moved to approve the agenda and Mr. Swatek seconded. Action:Mr. Klein moved that a Resident Speakout be added to the agenda, and Mr. Cornell seconded. The amended agenda was approved. Vote: 9-0-1 For: Mses. McCord and Ketley; and Messrs. Cornell, Stack, Swatek, Dunn, Avery, Klein, and Schwind Against: None Abstain: Mr. O’Connor 4. Resident Speakout There were four residents present for Resident Speakout. 39 40 (a) Bill Woodcock of Oakland Mills spoke about issues involving a CA Board member running for the County Council. 41 42 43 44 (b) Barbara Russell of Oakland Mills, spoke about CA Board elections. (c) Ginny Thomas of the Oakland Mills Village Board spoke about issues involving a CA Board member being elected to public office. 1 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 (d) Paul Verchinski of Oakland Mills spoke about CA Board members running for public office. 5. Discussion of the Ethics Issue Action: Mr. Klein moved, and Mr. Swatek seconded, to strike the Ethics Policy clause requiring someone running for public office to resign from the Columbia Association Board of Directors. Action:Mr. Swatek offered a friendly amendment to change the language to say that someone holding public office be required to resign from the Columbia Association Board of Directors, but Mr. Klein rejected the friendly amendment. After discussion, the question was called, and the motion failed. Vote: 4-5-1 For: Mses. McCord and Ketley; and Messrs. Avery, and Klein Against: Messrs. Cornell, Stack, Dunn, O’Connor, and Schwind Abstain: Mr. Swatek Action:Mr. Swatek moved, and Mr. Klein seconded, that the Ethics Policy clause should be changed to read that a Board member holding public office shall resign from the Columbia Association Board of Directors. Action: Mr. Swatek offered a friendly amendment that the wording be changed to a Board member who is sworn into public office shall resign from the Columbia Association Board of Directors. Action: Mr. Cornell offered a friendly amendment that the wording be changed to a Board member who is sworn into partisan public office shall resign from the Columbia Association Board of Directors and the Council, and the friendly amendment was accepted. Action: Mr. O’Connor moved that the motion be tabled to obtain legal advice on the wording, and Mr. Schwind seconded. After a brief discussion, the Chair called the question. The motion failed. Vote: 3-7-0 For: Messrs. Dunn, O’Connor, and Schwind Against: Mses. McCord and Ketley; and Messrs. Swatek, Cornell, Stack, Avery, and Klein Abstain: None The Chair read the amended motion and called the question. The amended motion passed. Vote: 8-2-0 For: Mses. McCord and Ketley; and Messrs. Cornell, Stack, Swatek, Dunn, Avery, and Klein Against: Messrs. O’Connor and Schwind Abstain: None 6. Vote to Open the Meeting This vote did not occur because the meeting was not closed. 7. Adjournment Action: Mr. Cornell moved and Mr. Stack seconded that the meeting be adjourned. The Chair, hearing no objection, adjourned the meeting at 9:01 p.m., with a five minute break before continuing with the next meeting. 2 91 92 93 94 95 Respectfully submitted, Erin Gilland Roby Recording Secretary 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DRAFT Minutes of the Second Board of Directors Meeting May 8, 2014 To be approved: June 12, 2014 A second meeting of the Columbia Association Board of Directors was held on May 8, 2013, at 9:14 p.m. at the Columbia Association building. Present were members Andy Stack, Reg Avery, Michael Cornell, Brian Dunn, Jeanne Ketley, Alan Klein, Nancy McCord, and Russ Swatek. Tom O’Connor and Greg Schwind joined the meeting via telephone. Interim President Susan Krabbe was present, as was Governance Chief of Staff Rob Goldman. General Counsel Shari Fanaroff joined the meeting via telephone. Ms. Krabbe initially chaired the meeting. 2. Approval of the Agenda Action: Mr. Cornell moved to approve the agenda and Mr. Dunn seconded. The agenda was approved unanimously. Vote: 10-0-0 For: Mses. McCord and Ketley; and Messrs. Cornell, Stack, Swatek, Dunn, Avery, Klein, Schwind, and O’Connor Against: None Abstain: None 3. Resident Speakout There were no residents present for Resident Speakout. 4. Election of Chair and Vice Chair of the Columbia Association Board of Directors Action: Mr. Swatek nominated himself to be Chair of the Board of Directors. Andy Stack nominated himself to be Chair of the Board of Directors and Gregg Schwind to be Vice Chair. The vote was split 5-5. Action: Mr. Schwind moved that the Chairmanship be split between the two nominees with Andy Stack taking the first 6 months of the fiscal year, and Russ Swatek take the second 6 months. Ms. Ketley seconded the motion. Action: Mr. Cornell offered a friendly amendment that Mr. Stack and Mr. Swatek be Chair and Vice Chair, switching their respective roles after 6 months, and Mr. Schwind accepted the amendment. After some discussion, Ms. Krabbe called the question, and the amended motion passed. Vote: 9-0-1 For: Mses. McCord and Ketley; and Messrs. Cornell, Stack, Swatek, Dunn, Avery, Klein, and Schwind Against: None Abstain: Mr. O’Connor At 9:40 p.m., Mr. Stack took his position as Chair. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 5. Appointments to the Committees Action: After discussion regarding the personal preferences of the Board members while adhering to the rules regarding prior service, the following committee assignments were made: Planning and Strategy Committee: Gregg Schwind, Brian Dunn, Russ Swatek Strategic Implementation Committee:Tom O’Connor, Reg Avery, Alan Klein External Relations Committee: Nancy McCord, Jeanne Ketley, Michael Cornell Audit Committee: Michael Cornell, Gregg Schwind, Reg Avery 6. Approval of Board of Director Meeting Dates for FY 2015 Action: Mr. Cornell moved and Mr. Avery seconded that the FY 2015 meeting dates for the Board of Directors be approved. The motion passed unanimously. Vote: 10-0-0 For: Mses. McCord and Ketley; and Messrs. Cornell, Stack, Swatek, Dunn, Avery, Klein, Schwind, and O’Connor Against: None Abstain: None 7. Appointment of the Officers of the Columbia Association Action: Mr. Cornell moved, and Mr. Swatek seconded that the Board adopt the resolution appointing the officers of the Columbia Association. The motion passed unanimously. Vote: 10-0-0 For: Mses. McCord and Ketley; and Messrs. Cornell, Stack, Swatek, Dunn, Avery, Klein, Schwind, and O’Connor Against: None Abstain: None 8. Adjournment Action: Mr. Cornell moved and Mr. Avery seconded that the meeting be adjourned. The motion passed unanimously, and the meeting adjourned at 9:58 p.m. Vote: 10-0-0 For: Mses. McCord and Ketley; and Messrs. Cornell, Stack, Swatek, Dunn, Avery, Klein, Schwind, and O’Connor Against: None Abstain: None Respectfully submitted, Erin Gilland Roby Recording Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DRAFT Minutes of the BOARD OF DIRECTORS MEETING Held: May 22, 2014 To be approved: June 12, 2014 A meeting of the Columbia Association Board of Directors was held on Thursday, May 22, 2014, at the Columbia Association Building. Present were the Chair, Andy Stack; and members Reg Avery (arrived at 7:47 p.m.), Brian Dunn, Jeanne Ketley, Alan Klein, Nancy McCord, Tom O’Connor (via phone), and Gregg Schwind. Members Michael Cornell and Russ Swatek were absent. Also present were Interim CA President Susan Krabbe, Governance Chief of Staff Rob Goldman, and Chief Staff Liaison Jane Dembner. Milton Matthews, whose term as CA President will begin on June 2, 2014 was also in attendance. 1. CALL TO ORDER: The Board of Directors Meeting was called to order at 7:32 p.m. by the Chair, Andy Stack. 2. ANNOUNCEMENT OF CLOSED/SPECIAL MEETINGS HELD/TO BE HELD: There were no closed meetings: 3. APPROVAL OF AGENDA: Action: Mr. Stack asked that the ERC agenda items be discussed prior to the SIC items in order to give a member of the SIC time to arrive at the meeting. Ms. McCord moved to approve the agenda as amended. Mr. Klein seconded the motion. The agenda as amended was approved unanimously. Vote: 7-0-0. For: Messrs. Stack, Dunn, Klein, O’Connor, and Schwind and Mses. Ketley and McCord. 4. DISCLOSURE OF CONFLICT OF INTEREST: The Chair said none were disclosed to him. 5. APPROVAL OF MINUTES Action: Mr. Schwind moved to approve the minutes of April 24, 2014. Mr. Dunn seconded the motion. The minutes were approved. Vote: 5-0-2. For: Messrs. Stack, Dunn, O’Connor and Schwind and Ms. McCord Against: None Abstain: Mr. Klein and Ms. Ketley 6.RESIDENT SPEAKOUT: There were two participants in Resident Speakout: (a) Chris Alleva, Howard County Business Association, spoke about covenants for businesses. (b) Ed Coleman, Long Reach, spoke about CA branding and GIS markers to pathway signs in Long Reach. Mr. Avery arrived at 7:47 p.m. 1 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 7. CHAIRMAN’S REMARKS: On May 29, the fourth and final market study meeting regarding village centers and Snowden/Dobbincorridor will be held at Howard Community College. The dog park will open Saturday, May 24 at 10 a.m. Columbia home tours will be held on June 1 at 11 a.m. The first Board Operations Committee meeting of the fiscal year will be held on June 2 at 7 p.m. The next CA Board meeting will be held on June 12. 8: PRESIDENT’S REPORT; Follow up Questions from Board Members: In response to a question from Mr. Schwind about the anticipated opening date of Dorsey Hall meeting room and bath house, CA staff said the work is scheduled to begin in fall 2014 and be completed by next summer. 9. CHAIRS’ REPORTS (a) Board Operations Committee: First meeting of the year will be on June 2. (b) External Relations Committee: None (c) Planning and Strategy Committee: None (d) Strategic Implementation Committee: None 10. SPECIAL TOPICS AND PRESENTATIONS – None 11. COMMITTEE AGENDAS (a) Planning and Strategy Committee(Gregg Schwind, Brian Dunn, Russ Swatek) 1. Discussion (a) Election of Chair and Vice Chair: Action: Mr. Dunn moved and Mr. Schwind seconded, a motion to elect Mr. Schwind as chair of the Planning and Strategy Committee. Vote: 2-0-0. Action: Mr. Schwind moved and Mr. Dunn seconded, a motion to elect Mr. Dunn as vice chair.Vote: 2-0-0. (b) Committee Tracking Form (c) External Relations Committee 1. Discussion (a) Election of Chair and Vice Chair: Action: Ms. Ketley made and Ms. McCord seconded a motion to elect Ms. McCord as chair of the External Relations Committee. Vote: 2-0-0. Action: Ms. McCord made and Ms. Ketley seconded a motion to elect Ms. Ketley vice chair. Vote: 2-0-0. (b) Committee Tracking Form (b) Strategic Implementation Committee 1. Discussion (a) Election of Chair and Vice Chair: Action: Mr. Avery made and Mr. Klein seconded, a motion to elect Mr. Klein as chair of the Strategic Implementation Committee. Vote: 3-0-0. Action: Mr. Klein made and Mr. O’Connor seconded, a motion to elect Mr. Avery as vice chair. Vote: 3-0-0. 2 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 (b) Haven on the Lake – Transfer of Capital Budget Funds Rob Goldman and Dennis Mattey discussed transferring to the Haven on the Lake project up to $719,000 of previously approved and unused capital funds to help cover an over-budgeted amount of $1.5 million. The contractor, Whiting-Turner, estimates that work on the project would take about 100 work days to complete. If the Board approves the funding request, the work can begin in about two weeks and the anticipated opening date for the facility would be November 2014. CA starts paying rent on the facility on September 1, 2014. Ms. Krabbe said a two-month delay would cost CA about $250,000 in operating income. Action: Mr. O’Connor moved that the SIC recommend that the Board support the staff’s recommendation to spend an additional $719,000 for Haven on the Lake and move the item forward for the board to vote on tonight. The motion was seconded by Mr. Avery and approved by the committee. Vote: 3-0-0. Action: Mr. Avery moved that the SIC direct staff to provide options for financing a pool for Haven on the Lake and report their recommendations to the Board. Mr. O’Connor seconded the motion, which was approved. Vote: 3-0-0. (c) SHA Easement – Gales Lane – Sound Wall Barrier (2nd reading) Open Space Management Division Director Daniel D’Amore explained the State Highway Administration’s request for a perpetual easement for a sound barrier on CA property near Gales Lane. Action: Mr. O’Connor moved that the SIC recommend that the Board grant a perpetual easement to SHA for a sound wall barrier in the Gales Lane project. Mr. Avery seconded the motion, which was approved. Vote: 3-0-0. (d) Howard Hughes Corporation Easement – Broken Land Parkway to Banneker Road Pathway (1st reading) Mr. D’Amore described HHC’s request for an easement to continue construction of a downtown Columbia multi-use pathway between Broken Land Parkway and the Banneker Road fire station. Discussion ensued. Action: Mr. O’Connor moved that the SIC recommend that the Board grant an easement to Howard Hughes Corporationto construct the portion of the downtown Columbia multi-use pathway between Broken Land Parkway and Banneker Road. Mr. Avery seconded the motion, which was approved. Vote: 3-0-0. (e) Committee Tracking Form 12. RECOMMENDATIONS FOR BOARD ACTION: (a) Consent Agenda 1. Approval of Appointments to the Owen Brown Executive Architectural Committee Without objection, the appointments of Vickie Manning, Jay Stearman and Laurie Weekly to the Owen Brown Executive Architectural Committee were approved. 3 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 (b) Recommendations for Board Action 1. Approval of the SHA Easement – Gales Lane Sound Wall Barrier Action: The Board voted unanimously to grant a perpetual easement to the State Highway Administration for a sound wall barrier at the Gales Lane project. Staff will revise the Deed of Easement and Agreement to include the name of the incoming CA president. Vote: 8-0-0. 2. Haven on the Lake – Transfer of Capital Budget Funds This item will appear on the agenda for the June 12 Board of Directors meeting. 13. TRACKING FORMS (a) Tracking Form for Board Requests (b) Tracking Form for Resident Requests 14. TALKING POINTS: Recording Secretary Valerie Montague read the Talking Points. 15. ADJOURNMENT: Reg Avery moved and Jeanne Ketley seconded that the meeting be adjourned. The meeting was adjourned at 9:42 p.m. Respectfully submitted, Valerie Montague Recording Secretary 4 COLUMBIA ASSOCIATION MEETING OF THE BOARD OF DIRECTORS To be Held: June 12, 2014 RESOLUTION BE IT RESOLVED, that the Board of Directors hereby appoints Milton W. Matthews as President/CEO of the Corporation as of June 2, 2014. APPROVED: Wilde Lake Community Association Recommendations for Appointment to Wilde Lake Architectural Committee Kevin McAliley 4955 Snowy Reach klmcaliley@gmail.com Linda Odum 10129 Hyla Brook Road linda@odumrealestate.com Jeff Friedhoffer 10042 The Mending Wall jafried@ieee.org Oakland Mills Community Association The Other Barn ● 5851 Robert Oliver Place ● Columbia, MD 21045 410-730-4610 ● oaklandmills.org June 3, 2014 Memorandum: TO: CA Board of Directors FROM: Sandy Cederbaum, Village Manager Oakland Mills Community Association SUBJ: Appointment to the Oakland Mills Architecture Committee At the May 13, 2014 Oakland Mills Board of Directors meeting the OM board voted to submit the following board members to CA for appointment to the Oakland Mills Architecture Committee: Jervis Dorton William McCormack Virginia Thomas Paul Verchinski Letter of Compliance are attached. Thank you in advance for your consideration. Hickory Ridge Community Association 6175 Sunny Spring, Columbia, Maryland 21044 • 410 730-7327 www.hickoryridgevillage.org • www.thehawthorncenter.com Date: June 4, 2014 To: Janet Loughran, Columbia Association From: Hickory Ridge Village Board Re: FY2015 Architectural Committee Appointments The Hickory Ridge Village Board has selected their members of the FY2015 Architectural Committee. They are: Tom Louden, Chair Dianne Earley Linda Loesch Michelle Wood Miles Coffman Please ask the CA Board of Directors to confirm these appointments at their next meeting. Thank you. COMMITTEE RECOMMENDATIONS TO BOARD Date: June 5, 2014 To: Columbia Association Board of Directors From: Alan Klein, Chair, Strategic Implementation Committee Subject: Multiuse Pathway Easement for Howard County Issue: The Howard Hughes Corporation is requesting, on behalf of Howard County, an easement to build the second segment of the Downtown Columbia Multiuse Pathway. Discussion: The Strategic Implementation Committee reviewed the background information regarding this easement request and asked for clarification of a particular phrase, and for a few minor edits in the documentation. Please see attached memo in regards to these matters. Recommendation of Committee: By a vote of __3__ For _0__ Opposed _ 0__ Abstain Has no recommendation. X Recommends the following action be taken or motion be approved by the CA Board of Directors in regards to the issue described above. Justification for Recommendation: Motion: The recommendation must be written in the form of a motion or resolution. The SIC moves that the CA Board of Directors approve the request from the Howard Hughes Corporation (on behalf of Howard County) for the Multiuse Pathway Easement related to Phase 2 of this project. Additional Action recommended by committee in lieu of motion or in addition to motion: None. TO: Members of the Strategic Implementation Committee FROM: Daniel D’Amore, Open Space Management Division Director THROUGH: Milton W. Matthews CC: Sheri Fanaroff; Jane Dembner SUBJECT: Easement Request for Downtown Columbia Multiuse Pathway, Phase 2 DATE: June 5, 2014 Please find attached the draft Deed of Easement and Agreement for the second segment of the Downtown Columbia Multiuse Pathway. Per a recent conversation with the Howard Hughes Corporation representative associated with this project, the meaning of the word “expand” (on Page 2, Paragraph 2, Line 5) has been clarified. To the extent that any section of the existing pathway is currently less than ten (10) feet wide, the new pathway will be “expanded” to the ten (10) foot width as per the design specifications. Also, the notice and signature sections of the document (Pages 6 and 7) have been edited to indicate where Mr. Nelson’s name should be replaced with Mr. Matthews name. After approval of the draft document by the CA Board, Howard Hughes will finalize the document with these changes. shall include Grantor's respective successors or assigns. THE TERMS, CONDITIONS AND PROVISIONS of this Deed shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. Each party shall, at any time and from time to time, execute, acknowledge and deliver such further instruments and documents and take such other action as may be reasonably requested by the other party to carry out the intent and purpose of this Deed. ANY NOTICE, demands, consent, approval, request or other communication or document to be provided hereunder to a party hereto shall be (a) in writing, and (b) deemed to have been provided (i) upon delivery or refusal to accept delivery if sent by national overnight courier (e.g., Fed EX or UPS) or certified or registered mail in the United States mails, postage prepaid, return receipt requested, to the address of such party set forth below or to such other designees as identified by notice to each other party hereto, or (ii) if such party's receipt thereof is acknowledged in writing, upon being given by hand or other actual delivery to such party: if to Grantor: Milton W. Matthews Phillip L. Nelson, President Columbia Association, Inc. 10221 Wincopin Circle Columbia, MD 21044 with a copy to: Sheri V.G. Fanaroff, General Counsel Columbia Association, Inc. 10221 Wincopin Circle Columbia, MD 21044 if to Grantee: James M. Irvin, Director Dept. of Public Works George Howard Building 3430 Court House Drive Ellicott City, MD 21043 with a copy to: Margaret Ann Nolan, County Solicitor Carroll Building 3450 Court House Drive Ellicott City, MD 21043 (Signatures follow on the next pages.) 10.04.13v.6.1 2/20/14ks 6 TARILegDocs14/DTC Multi-use Pathway/CA IN WITNESS WHEREOF, the Grantor and the Grantee have caused this Deed of Easement and Agreement to be executed and delivered by its duly authorized officer and its seal hereto affixed on the date hereinabove written. ATTEST: COLUMBIA ASSOCIATION, INC., a Maryland corporation By: Corporate Secretary (SEAL) Phillip L. Nelson Milton W. Matthews President Date: _ _ __ STATE OF MARYLAND, COUNTY, TO WIT: day of , 2014, before I HEREBY CERTIFY that on this me, the subscriber, a Notary Public of the State of Maryland, in and for the County Milton W. Matthews aforesaid, personally appeared Phillip L. Nelson, who acknowledged himself to be the President of Columbia Association, Inc., a Maryland corporation, (the "Corporation"), and that he, as such officer being authorized so to do, executed the within Deed of Easement and Agreement for the purposes therein contained by signing the name of the Corporation as such officer and certified that this conveyance is not part of a transaction in which there is a sale, lease, exchange, or other transfer of all or substantially all of the property and assets of the Corporation. AS WITNESS my Hand and Notarial Seal. Notary Public My Commission Expires: _ _ _ _ _ __ [Signatures continue on the following page.] 10.04.13 v.6.1 2/20114ks 7 TAR/LegDocs14/DTC Mu~i·use Pathway/CA COMMITTEE RECOMMENDATIONS TO BOARD Date: June 6, 2014 To: Columbia Association Board of Directors From: Alan Klein, Chair, Strategic Implementation Committee Subject: Transfer of Capital Budget Funds from Projects Closed in FY 2014 to Haven on the Lake Issue: Additional funding is needed to cover an over-budget projection of $719,000 without a pool for completion of the Haven on the Lake project. Discussion: At the May 22, 2014 Board of Directors meeting, the Strategic Implementation Committee (SIC) discussed the issue and staff’s recommendation to transfer up to $719,000 of previously approved and unused capital funds to fund the over-budget amount. The SIC also discussed and approved moving this matter to the full Board for Board discussion that evening, at the May 22, 2014 Board meeting. The Board did not take action at the May 22 meeting, and directed staff to come up with alternatives to include the pool in the facility. Recommendation of Committee: By a vote of __3___ For __0__ Opposed __0__ Abstain Has no recommendation. X Recommends the following action be taken or motion be approved by the CA Board of Directors in regards to the issue described above. Justification for Recommendation: Haven on the Lake will provide a mind/body/wellness alternative to the Columbia Association’s traditional fitness facilities. The additional funds are needed to provide the facility that is being communicated to residents, potential members and the community. Motion: The recommendation must be written in the form of a motion or resolution. Be it resolved that the Columbia Association Board of Directors approves the transfer of $719,000 in capital funds from capital projects closed in FY 14 to Haven on the Lake. Additional Action recommended by committee in lieu of motion or in addition to motion: None June 6, 2014 TO: CA Board of Directors CA President FR: Rob Goldman Susan Krabbe RE: Transfer of Capital Budget Funds – Haven on the Lake At the May 22, 2014, Board Meeting, the Strategic Implementation Committee (SIC) voted unanimously to recommend that the Board approve the transfer of $719,000 of capital budget funds from capital projects closed in FY 14 to Haven on the Lake. The SIC also voted unanimously to refer this recommendation to the CA Board at the same meeting. The Board deferred a decision on that request to the June 12, 2014 Board meeting, so that community members could have more time to give input. Additionally, the Board requested that CA staff update the Haven on the Lake pro forma projections, and provide the Board with options for funding the pool at Haven on the Lake (the revised plan for Haven on the Lake proposes to postpone the construction of the pool). The updated pro forma projections are attached. They include: 1. Summary pages of “expected” incremental income and expenses during the term of the lease: Years 1-11, Years 1-16, Years 1-21; with and without a pool; 2. A “Steady State” summary page of incremental income and expense with pessimistic, expected, and optimistic projections with and without a pool; 3. Income assumptions 4. Expense assumptions As you will see, the expected projections show an annual excess of incremental income over incremental expense at steady state of $553,000 with a pool and $249,000 without a pool. With a pool, the expected total increase of income over expense is projected to be $3,183,698 in years 1-11, $7,845,624 in years 116, and $13,584,750 in years 1-21. Without a pool, those projections are $116,567 in years 1-11, $2,736,664 in years 1-16, and $6,081,360 in years 1-21. We have also added the staff’s recommendations for “Options to Fund the Pool” to the document we shared with the Board last month that now shows all of the capital projects closed in FY 14. As an administrative matter, if any additional funding is approved, the purchasing exception with Whiting-Turner must be increased an equal amount. In short, if the Board chooses to include the pool, staff recommends the following funding: 1 Dollars are in thousands ($’000s) Total - FY 2014 Closed Projects - Remaining Balance Proposed Capital Budget Changes: Postpone Supreme Sports Club - Pool Area Renovations to FY 2017 Postpone Wilde Lake Barn Renovation Planning Funds to FY 2017 Total Proposed Funds Available $948 $250 $75 $1,273 Needs: Required for Project without Pool Estimate for Pool $719 $500 Total Project Needs $1,219 Remaining Funds Available $54 An alternative for $235,000 of the need is shown on the attachment. The updated Haven on the Lake capital budget page is also attached. It now shows five columns of numbers: 1. February 2014 Projections 2. April 2014 Actual bids 3. May 2014 Revised Plan Numbers 4. June 2014 Revised Plan Actual Bids 5. June 2014 Revised Plan Actual Bids with Pool Included Sub-contractor actual bids are due to Whiting-Turner (construction managers) on June 9. CA will review those numbers with Whiting-Turner on June 10; and we will share the actual bid numbers with the Board on or before the June 12 meeting. Also attached you will find the original schematic design (color) of Haven on the Lake and the revised schematic design (black and white). Progress on the development of Haven on the Lake continues to go well. The paver system leading up to the south entrance of Haven on the Lake has been installed, the fire suppression (sprinkler) system has also been installed and exterior signage above both the north and south entrances to Haven on the Lake is being fabricated and should be installed by mid-June. The north entrance sign will be visible to everyone visiting the Lakefront this summer. As of June 1, 2014, 218 individuals had purchased Haven on the Lake memberships and the Haven on the Lake team is discussing membership with 571 active prospects (community members who have proactively filled out forms asking for more information about Haven on the Lake). A four-minute infomercial has been completed and will be shown at all summer Lakefront movie events and will be shown on laptops and iPads at a variety of events throughout the community this summer. A small yoga wall has been installed at the Supreme Sports Club, and Haven on the Lake yoga instructors have begun to train on it. Whole Foods has invited Haven on the Lake to give yoga and other mind body class demos at Whole Foods Market leading up to and immediately after Whole Foods market opens in late August. We look forward to discussing this with the Board at the meeting June 12, 2014. 2 COLUMBIA ASSOCIATION, INC. COMPARISONS --- HAVEN ON THE LAKE PRO FORMA WITH A POOL SUMMARY - as of June 6, 2014 ORIGINAL SUMMARY - FITNESS FACILITY YEARS 1- 11 2015 - 2025 EXPECTED YEARS 1 -16 2015 -2030 YEARS 1 - 21 2015 - 2035 totals in aggregate totals in aggregate EXPECTED EXPECTED REVISED SUMMARY - HAVEN ASSUMPTIONS & POOL YEARS 1- 11 2015 - 2025 EXPECTED YEARS 1 -16 2015 -2030 YEARS 1 - 21 2015 - 2035 totals in aggregate totals in aggregate EXPECTED EXPECTED VARIANCE TO ORIGINAL SUMMARY YEARS 1- 11 2015 - 2025 YEARS 1 -16 2015 -2030 YEARS 1 - 21 2015 - 2035 EXPECTED EXPECTED EXPECTED INCREMENTAL INCOME MEMBERSHIP OTHER TOTAL - INCREMENTAL INCOME 29,835,891 6,470,641 36,306,532 47,372,514 10,273,885 57,646,399 67,702,265 14,682,888 82,385,153 8,601,461 23,966,113 32,567,573 13,851,233 39,121,239 52,972,472 19,937,158 56,690,183 76,627,341 (21,234,430) 17,495,472 (3,738,959) (33,521,281) 28,847,354 (4,673,927) (47,765,107) 42,007,295 (5,757,812) INCREMENTAL OPERATING EXPENSES SALARY WAGES & BENEFITS OPERATING EXPENSES RENT DEPRECIATION INTEREST TOTAL - INCREMENTAL OPERATING EXPENSES 11,827,793 7,850,001 9,969,349 2,344,480 442,516 32,434,139 18,873,927 12,455,882 15,515,800 2,444,480 452,516 49,742,605 27,242,524 17,795,360 21,819,640 2,544,480 462,516 69,864,520 9,831,170 5,004,970 9,859,125 3,010,905 1,677,705 29,383,875 15,577,189 7,951,471 15,193,917 4,524,952 1,879,319 45,126,848 22,238,401 11,367,273 21,257,194 6,139,000 2,040,723 63,042,591 (1,996,623) (2,845,031) (110,224) 666,425 1,235,189 (3,050,264) (3,296,738) (4,504,411) (321,883) 2,080,472 1,426,803 (4,615,757) (5,004,123) (6,428,087) (562,446) 3,594,520 1,578,207 (6,821,929) TOTAL INCREMENTAL INCREASE / (DECREASE) IN NET ASSETS 3,872,393 7,903,794 12,520,633 3,183,698 7,845,624 13,584,750 (688,695) (58,170) 1,064,117 144,480 244,480 344,480 620,000 (844,555) (1,238,528) 275,520 4,016,873 8,148,274 12,865,113 14,204,750 (1,533,250) (1,296,698) 1,339,637 ADJUSTMENTS FOR CASH FLOW: Add back depreciation Subtract principal payments TOTAL INCREMENTAL CASH FLOW FROM OPERATIONS (700,075) 2,483,623 (994,048) 6,851,576 COLUMBIA ASSOCIATION, INC. COMPARISONS --- HAVEN ON THE LAKE PRO FORMA WITHOUT A POOL SUMMARY - as of June 6, 2014 ORIGINAL SUMMARY - FITNESS FACILITY YEARS 1- 11 2015 - 2025 EXPECTED REVISED SUMMARY WITH HAVEN ASSUMPTIONS YEARS 1 -16 2015 -2030 YEARS 1 - 21 2015 - 2035 totals in aggregate totals in aggregate EXPECTED EXPECTED YEARS 1- 11 2015 - 2025 EXPECTED YEARS 1 -16 2015 -2030 YEARS 1 - 21 2015 - 2035 totals in aggregate totals in aggregate EXPECTED EXPECTED VARIANCE TO ORIGINAL SUMMARY YEARS 1- 11 2015 - 2025 YEARS 1 -16 2015 -2030 YEARS 1 - 21 2015 - 2035 EXPECTED EXPECTED EXPECTED INCREMENTAL INCOME MEMBERSHIP OTHER TOTAL - INCREMENTAL INCOME 29,835,891 6,470,641 36,306,532 47,372,514 10,273,885 57,646,399 67,702,265 14,682,888 82,385,153 6,879,029 20,039,824 26,918,853 11,077,541 32,798,599 43,876,140 15,944,767 47,589,516 63,534,282 (22,956,862) 13,569,183 (9,387,679) (36,294,973) 22,524,714 (13,770,259) (51,757,498) 32,906,628 (18,850,871) INCREMENTAL OPERATING EXPENSES SALARY WAGES & BENEFITS OPERATING EXPENSES RENT DEPRECIATION INTEREST TOTAL - INCREMENTAL OPERATING EXPENSES 11,827,793 7,850,001 9,969,349 2,344,480 442,516 32,434,139 18,873,927 12,455,882 15,515,800 2,444,480 452,516 49,742,605 27,242,524 17,795,360 21,819,640 2,544,480 462,516 69,864,520 8,881,568 3,786,881 9,859,125 2,749,000 1,525,712 26,802,286 14,072,574 6,019,200 15,193,917 4,144,000 1,709,784 41,139,476 20,090,373 8,607,070 21,257,194 5,639,000 1,859,284 57,452,922 (2,946,225) (4,063,120) (110,224) 404,520 1,083,196 (5,631,853) (4,801,353) (6,436,682) (321,883) 1,699,520 1,257,268 (8,603,129) (7,152,151) (9,188,290) (562,446) 3,094,520 1,396,768 (12,411,598) TOTAL INCREMENTAL INCREASE / (DECREASE) IN NET ASSETS 3,872,393 7,903,794 12,520,633 116,567 2,736,664 6,081,360 (3,755,826) (5,167,130) (6,439,273) 144,480 244,480 344,480 (625,780) 620,000 (770,260) (1,119,480) 4,016,873 8,148,274 12,865,113 (509,213) 6,701,360 (4,526,086) (6,286,610) ADJUSTMENTS FOR CASH FLOW: Add back depreciation Subtract principal payments TOTAL INCREMENTAL CASH FLOW FROM OPERATIONS (875,000) 1,861,664 275,520 (6,163,753) HAVEN ON THE LAKE PRO FORMA PROJECTIONS STEADY STATE SUMMARY With Pool PESSIMISTIC INCREMENTAL INCOME MEMBERSHIP WELLNESS SPA INCOME CLASSES PERSONAL & SMALL GROUP TRAINING (NET OF INSTRUCTION) FOOD AND BEVERAGE KIDSPACE OTHER EXPECTED Without the Pool OPTIMISTIC PESSIMISTIC EXPECTED OPTIMISTIC 643,000 395,000 1,031,000 804,000 494,000 1,289,000 965,000 593,000 1,547,000 514,000 395,000 822,000 643,000 494,000 1,027,000 772,000 593,000 1,232,000 228,000 169,000 10,000 23,000 285,000 211,000 13,000 29,000 342,000 253,000 16,000 35,000 184,000 135,000 9,000 18,000 230,000 169,000 11,000 23,000 276,000 203,000 13,000 28,000 2,499,000 3,125,000 3,751,000 2,077,000 2,597,000 3,117,000 INCREMENTAL OPERATING EXPENSES SALARY WAGES & BENEFITS & PAYROLL TAXES COST OF GOODS (FOOD & BEVERAGE) OPERATING SUPPLIES INSURANCE FEES RENT UTILITIES REPAIR & MAINTENANCE INTEREST EXPENSE DEPRECIATION 880,000 152,000 137,000 23,000 5,000 863,000 46,000 15,000 119,000 263,000 880,000 191,000 171,000 23,000 5,000 863,000 46,000 15,000 119,000 263,000 880,000 229,000 205,000 23,000 5,000 863,000 46,000 15,000 119,000 263,000 795,000 122,000 91,000 23,000 50,000 863,000 36,000 12,000 108,000 239,000 795,000 152,000 114,000 23,000 5,000 863,000 36,000 12,000 108,000 239,000 795,000 183,000 137,000 23,000 5,000 863,000 36,000 12,000 108,000 239,000 TOTAL - INCREMENTAL OPERATING EXPENSES 2,503,000 2,576,000 2,648,000 2,339,000 2,347,000 2,401,000 549,000 1,103,000 250,000 716,000 TOTAL - INCREMENTAL INCOME TOTAL INCREMENTAL INCREASE / (DECREASE) IN NET ASSETS (4,000) (262,000) HAVEN ON THE LAKE Steady State Pro Forma INCOME ASSUMPTIONS 1. Membership Income • The ClubIntel, Inc. survey indicated that 12% of members and 7% of non-members were very likely to join. • CA has approximately 22,700 members; 13,700 Package Plan Plus and 9,000 other members • There are approximately114,000non-member households • 12% of current members = 2,724 potential Haven members • 7% of non-members = 7,980 potential Haven members • Assume 41% of the 2,724 members will join = 1,117members • Assume 10% of the non-members will join = 798 members • This yields a total of 1,915 Haven members • Assume average dues from all members = $35/month or $420/year • Assume 20% fewer members will join without the pool • Creates $804,000 membership income with Pool • Creates $643,000 membership income without Pool 2. Wellness Spa Income • The StillPoint Wellness Spa revenue reflects rent and percentage rent that is owed to CA contractually. 3. Class Income a. With Pool • Assume 109 weekly classes (3 studios + pool) • Assume 1,771 Weekly participants = 92,092 annual class visits • Assume $14/class fee • Creates $1,289,000 annual class income b. 4. Without Pool • Assume 77 weekly classes (3 studios + pool) • Assume 1,411 Weekly participants = 73,372 annual class visits • Assume $14/class fee • Creates $1,027,000 annual class income Personal & Small Group Training a. With Pool • Assume 100 annual visits per member yielding 191,500 annual visits • Assume 5% of visitors to Haven participate in either personal or small group training = 9,575participants. • Assume $57/hour average fee • Assume 50% of fees go to instructor b. c. Without Pool Assume 100 annual visits per member yielding 153,200 annual visits • Assume 5% of visitors to Haven participate yielding 7,660 participants • Assume $57/hour average fee • Assume 50% of fees go to instructor 1 5. Food & Beverage Issues a. With Pool • Assume total annual visits = 191,500 • Assume 10% purchase • Assume $11 average sale • Creates $210,650F&B Income b. 6. KidSpace a. With Pool • Assume 70 new KidSpace members b. 7. Without Pool • Assume total annual visits = 153,200 • Assume 10% purchase • Assume $11 average sale • Creates $168,520F& B income Without Pool • Assume 56 new KidSpace members Other Income a. Assume 80 daily admissions/month = 960/year with pool b. Assume 64 daily admissions per month = 768 year without pool c. Create $28,800/year income with pool d. Creates $23,040/year without pool 2 HAVEN ON THE LAKE Steady State Pro Forma EXPENSE ASSUMPTIONS 1. Salaries Wages, Benefits, Payroll Taxes a. Salaries (Full Time Staff) i. 2 Full time staff members ii. GM @ $80,000/year iii. Sales director @ $60,000/year b. Wages (Part Time Staff) i. Group Fitness Supervisor 20 hrs/wk 1,040 hrs/yr @ $15/hr 108hrs/wk 5,616 hrs/yr @ $10/hr 165 staff hrs/wk 8,580 hrs/yr @ $10/hr iv. Housekeeper/Locker Room Attendant 165 staff hrs/wk 8,580 hrs/yr @ $10/hr ii. KidSpace 2 Staff54hrs/wk each iii. Receptionist v. Mind Body Class Instructors 1. WITH POOL 2. WITHOUT POOL 109 classes/wk 5,668 classes/yr @$43/hr 77 classes/wk 4,004 classes/yr @$43/hr vi. Lifeguards 2 Lifeguardsall open hours 220 hrs/wk 11,440 hrs/yr vii. Sales One 20 hr/wk part time sales representative 20 hrs wk 1,040 hrs/yr c. 2. @ $10/hr @$15/hr Benefits & Payroll Taxes i. Full time individual (GM) @ 20% of salary ii. Full time family (Sales Director) @ 30% of salary iii. All part time staff @15% of salary Operating Supplies Includes office supplies, cleaning supplies, towels, laundry supplies, KidSpace supplies, training and meeting supplies, etc. 1 3. Cost of Goods Sales (COGS) Anticipated COGS for food and beverage items purchased from Whole Foods Market is anticipated to be 90% (that arrangement is currently being negotiated). 4. Insurance Projection created by CA’s accounting department based primarily on historical expense at the Columbia Athletic Club. 5. Fees Projection of fees based on experience at other wellness retreats. 6. Rent Per lease with Howard Hughes Corporation. Year 5 rent is used in steady state proforma. 7. Taxes No material taxes are projected as CA will not be responsible for real property taxes. 8. Repair & Maintenance a. Based on Repair & Maintenance Expense at other wellness spas per ClubIntel, Inc., and Haven GM. b. Assume 5.5% less Repair & Maintenance Expense without pool. 9. Utilities a. Based on Utility Expense at other wellness spas per Club Intel, Inc., and Haven GM. b. Assume $10,000 less Utility Expense without pool. 10. Depreciation a. a. With pool – Assume $5,519,000 capitalization amortized over length of lease (21 years) = $262,810 annual depreciationexpense. Without pool – Assume $5,019,000 capitalization amortized over length of lease (21 years) = $239,000 annual depreciation expense. 11. Interest Expense a. With pool – Assume $5,519,000 capitalization at 4% interest for 15 years. Average annual interest expense = $119,000. b. Without pool – Assume $5,019,000 capitalization at 4% interest for 15 years. Average annual interest expense = $108,000. 2 Columbia Association, Inc. Proposed Capital Funding for Haven on the Lake - Summary (000's) June 6, 2014 Total - FY 2014 Closed Projects - Remaining Balance $948 Proposed Capital Budget Changes: Postpone Supreme Sports Club (SSC) - Pool Area Renovations to FY 2017 Postpone Wilde Lake Barn Renovation Planning Funds to FY 2017 $250 $75 Total Proposed Funds Available $1,273 Needs: Required for Project without Pool Estimate for Pool Total Project Needs Remaining Funds Available Alternatives to Proposed Capital Budget Changes: Postpone Digital Signage to FY 2017 (versus SSC Pool Area Renovations) Postpone Replacement of Vehicle (unit C 19) to FY 2017 (versus SSC Pool Area Renovations) $719 $500 $1,219 $54 $200 $35 Columbia Association, Inc. Proposed Capital Funding for Haven on the Lake (000's) June 6, 2014 Capital Projects FY 2014 - First Three Quarters Closed Projects TSSC - RTU-15 Duct Work Upgrade CG - Domestic Hot Water Boiler CG - Laundry Room Plumbing Upgrade CG - RTU-08 Evaporator Coil Replacement AC - Window Replacement S&F - Multi Purpose Golf Carts FH - Pro Shop Carpet/Tile OB - Tennis Bubble-Fan/Blower Unit Aquatics - RH ADA Bath Ungrades, Plan F Aquatics - CF Diving Board SportsPark - Fence OB Community Center Patio OM - Other Barn, RTU-03 Compressor KC - Amherst House, Solar Panels OM - Other Barn, Pedestrian Lighting LR - Stonehouse Hot Water Heater WL - Stayton House Stage Floor HC - Kahler Hall Ice Machine HC - Swans NC, Fire Alarm System AC - Lighting WL - Slayton House Soffit Insul/Lights TSSC - Adult Arena HOY5 Fixtures OSM - Equipment & Vehicles TC - Pier Replacement CG - Sauna Heater CG - PPP Room Upgrades CG - RTU-02 Compressor CG - TV Upgrades CG - Washing Machine AC - Front Desk Renovations HG - HVAC Compressor HG Tennis - Roll Up Door Aquatics - TSSC ADA Lift for Spa Aquatics - CG ADA Lift Aquatics - Huntington Door Replacement Aquatics - KR LED Lighting, Volleyball Ct Aquatics - TS Skimmers Aquatics - SF Concrete & Spa Finish Aquatics - CF Tile, Coping Stone, Lights Aquatics - KR - ADA Spa Lift Aquatics - RH - ADA Spa Lift Aquatics - TSSC Diamond Bright Coating SportsPark - Perimeter Fence Pier Swim Ctr - Domestic Hot Water Heater SAS - Walk-in Refrigerator Cooler Fiscal Year 2013 2014 2014 2014 2014 2014 2014 2014 2013 2013 2013 2013 2013 2013 2013 2014 2014 2014 2014 2013 2013 2013 2013 2013 2013 2014 2014 2014 2014 2014 2013 2014 2013 2013 2013 2013 2013 2013 2013 2013 2013 2014 2014 2013 2013 Revised Budget $30 10 9 8 10 10 7 12 12 6 16 26 5 85 25 18 30 6 13 10 20 30 575 467 5 20 7 20 11 20 7 7 6 6 14 8 15 55 85 25 25 55 11 16 25 Expenditures $27 8 8 7 9 9 6 11 8 1 11 19 4 81 21 11 24 4 9 8 19 25 459 385 4 17 6 2 10 19 6 5 4 4 13 2 9 52 80 24 23 43 8 13 24 Remaining Balance $3 2 1 1 1 1 1 1 4 5 5 7 1 4 4 7 6 2 4 2 1 5 116 82 1 3 1 18 1 1 1 2 2 2 1 6 6 3 5 1 2 12 3 3 1 Columbia Association, Inc. Proposed Capital Funding for Haven on the Lake (000's) June 6, 2014 Capital Projects Fiscal Year RH - Claret Hall Carpet LR - JHNC RTU-01 Compressor RH - Meeting Room Fence OMVC - Courtyard Pavement Columbia Wide - Pathway Renovation Maint Facility - Office in Warehouse OB Tennis Courts, #7-12 TSSC - Personal Training Area Improv CG - Carpet, Locker Rooms CG - Fitness Equipment HG - Debris Blower Aquatics - Swansfield Fence Aquatics - TH Fence Aquatics - BW Fence Aquatics - KR Door Replacements Aquatics - RH Door Replacements SportsPark - Carpeting/Mini Golf SportsPark - Storage Unit Horse Center - Asphalt Driveway Paving Swim Ctr - Perimeter Drainage Improv Swim Ctr - Splashdown Repairs, Phase II OB - Plan Funds, Outdoor Patio TC - Oakland Manor/Construction Funds KC - Amherst House, Natural Gas Line KC - Amherst House, Solar Plan/Permit HR - Hawthorn NC, Natural Gas Line DS - Natural Gas Line/HVAC Plan Funds HC-Kahler Hall, ADA Plan Funds, Restroom TC - Oakland Manor/Plan Funds, Fire Esc Columbia Wide - Tot Lot Replacement Maint Facility - Office Space Reorganize Maint Facility - Plan Review Room Lake Elkhorn Dredging Revised Budget Expenditures 2014 2014 2014 2013 2013 2013 2013 2012 2013 2013 2013 2013 2013 2013 2013 2013 2012 2014 2013 2012 2013 2012 2012 2012 2012 2012 2012 2013 2013 2013 2013 2013 2008 $12 6 6 15 361 24 235 9 5 60 6 30 10 40 12 12 48 4 20 52 136 8 52 35 20 22 20 15 7 137 12 23 3,538 Closed Projects for the First Three Quarters of FY 2014 $6,875 $6,136 $739 FY 2014 - Fourth Quarter Closed Projects Lake Kittamaqundi Dredging Lake Elkhorn Spillway Columbia Wide Water Quality Slayton House Lighting & Switch Upgrade TSSC Renovations TSSC Lower Level Laundry Room TSSC Family Changing Room Renovation Aquatics - Swans Snack Bar Addition HR - Hawthorn Neighborhood Center Office HC - Swansfield NC, Fire Rated Partition HC - Swansfield NC Plan Funds, Fire Alarm Lake Kittamaqundi Dredging Equipment and Vehicles (First Quarter 2015) $5,655 80 150 10 428 60 25 64 15 40 7 314 450 $5,620 75 146 8 420 46 20 63 13 38 6 223 411 $35 5 4 2 8 14 5 1 2 2 1 91 39 $7,298 $7,089 $209 Closed Projects for the Fourth Quarter of FY 2014 Total Closed Projects - FY 2014 2007 2009 2010 2013 2012 2013 2014 2012 2014 2014 2014 2012 2014 $10 5 5 4 360 20 209 6 4 56 5 22 5 29 10 11 32 3 19 41 130 7 48 31 12 9 8 13 6 130 11 16 3,317 Remaining Balance $2 1 1 11 1 4 26 3 1 4 1 8 5 11 2 1 16 1 1 11 6 1 4 4 8 13 12 2 1 7 1 7 221 $948 Haven on the Lake Docs/Fac/Haven//Building Phase/Estimates Bids - revised 06-04-14 Updated 5/22/14 Updated 6/4/14 Capital Budget Projections February 2014 Actual Bids April 2014 Revised Plan May 2014 Actual Bids Revised Plan June 2014 without Pool Actual Bids Revised Plan June 2014 With Pool FY 14 Planning Funds FY 15 Budget Request $300,000 $4,000,000 $300,000 $4,000,000 $300,000 $4,000,000 $300,000 $4,000,000 $300,000 $4,000,000 Total Project Funding $4,300,000 $4,300,000 $4,300,000 $4,300,000 $4,300,000 $430,000 $85,000 $29,000 $53,000 $300,000 $430,000 $85,000 $29,000 $53,000 $300,000 Soft Costs Design Fees CA Costs (Overhead, Permits) CA Direct Pay Costs HHC Costs Furniture, Fixtures and Equipment $430,000 $85,000 $29,000 $53,000 $250,000 $430,000 $85,000 $29,000 $53,000 $250,000 $430,000 $85,000 $29,000 $53,000 $300,000 Total Soft Costs $847,000 $847,000 $897,000 * * $166,000 $42,547 $60,000 $183,440 * * * * * * * * $5,760 $5,760 $5,760 Whiting-Turner Costs General Conditions Insurances Reimbursable Allowance Fee $166,000 $24,000 $60,000 $146,000 $166,000 $24,000 $65,760 $146,000 Re-bidding Costs Total W-T Costs $396,000 $401,760 $100,000 $125,000 $100,000 $127,000 $115,000 $370,000 $50,000 $125,000 $230,000 $350,000 $725,000 $640,000 $100,000 $43,615 $205,600 $1,164,615 $226,925 $216,100 $64,200 $152,003 $266,373 $415,580 $1,159,280 $668,658 $457,747 * * Construction Costs Site Demolition Concrete General Doors, Windows Drywall Acoustical Painting Flooring Ceramic Special Construction Mechanical Electrical Contingency Total Construction Cost Total All Costs $100,000 $32,865 $205,600 $639,975 $180,000 $215,000 $85,000 $103,964 $210,378 $223,887 $801,716 $565,868 $100,000 * * * * * * * * * * * $100,000 * * * * * * * * * * * $300,000 $300,000 $300,000 $3,057,000 $4,682,949 $3,664,253 * * $4,300,000 $5,931,709 $5,019,000 * * *Actual bids are due to Whiting Turner on 6/9 and will be shared with CA on 6/10. This document will be completed on or before the 6/12 Board meeting. Date: June 5, 2014 To: Columbia Association Board of Directors, Planning and Strategy Committee Through: Milton Matthews, President From: Jane Dembner, Chief, Community Building and Open Space Service Bureau Subject: Status Update on Columbia Market Study Overview/Background In October 2013, Columbia Association (CA), in partnership with the Howard County Department of Planning and Zoning (DPZ) and the Howard County Economic Development Authority (HCEDA) selected Retail and Development Strategies LLC (RDS) Managing Principal Tom Moriarity, and his team WTL+a, Folan Consulting and Gibbs Planning Group for the Columbia Market Analysis and Economic Development Services Study. The study is evaluating the status and future of Columbia's village centers; and market relationships and opportunities for the Snowden River Parkway and Dobbin Road areas. CA is managing the study. The primary goal of the study is to better understand the market potential for each village center and the relationship of the centers to other competing commercial areas. This knowledge base will be key to identifying strategies that can help revitalize and reposition the village centers. For the GE, Snowden River Parkway and Dobbin Road corridors (GEDS), the market study will provide valuable information about development and redevelopment potential. This information can be used by Howard County Government in the future for long-term planning efforts. In the early phases of the study, the consultants reviewed previous studies related to Columbia, and also conducted information interviews to further understand existing conditions related to real estate trends, leasing rates, occupancy, the competitive market place, etc. These interviews supplemented the consultant’s data analysis and provided them with on-the-ground knowledge of the local market. The consultant team also collected market information for the village centers, GEDS, other competing shopping centers and Howard County using a number of databases including CoStar, ESRI, and STRI Global. This information is the data basis for the market study and will help inform the consultants’ analysis and recommendations. Public Meetings Three have been four public meetings. Originally, three meetings were anticipated but over the winter, the client team (CA and Howard County) and consultants decided to add an additional public meeting to the three that had been originally envisioned to allow for more public interaction and education. 1 Study Overview: The first public meeting was held on December 3, 2013, at The Hawthorn Center, where approximately 135 persons attended. Topics included an introduction of the consultant team, overview of the study’s goals and process, public input, comments and ideas about how Columbia and the village centers are changing and what the future may hold. Industry Trends and Columbia Context: The second public meeting was held on March 25 at Slayton House where approximately 100 people attended. The consultant team gave a presentation on industry guidelines used by real estate location committees (internal staff/brokers/investors/operators who review site and market conditions before authorizing execution of a lease or purchase of a site), the changing market context for Columbia, both within Howard County and in response to evolving industry characteristics for retail, office, residential and hotel/lodging. Because the original grocery-anchored neighborhood center concept was the basis for the original Village Center development, the consultants presented data on the grocery industry and how it has changed in average store sizes, how different chain grocers operating in the Columbia/Howard County market vary in average annual sales productivity/sales per square foot, by percentage of total Howard County market share, new types of grocery sales models that did not exist when Columbia’s Village Centers were originally developed (i.e., Wal*Mart, Organic and Specialty grocers such as Whole Foods and Trader Joes; wholesale clubs such as CostCo and BJ’s; and large-format stores like Wegmans). The impact of national chain stores and big box operators like Target and the challenging characteristics of locally owned specialty retail businesses when competing with chain-based centers like those along Rt. 175 and Snowden River and Dobbin Road corridors and the Mall at Columbia were also discussed. The relative competitive position of the Village Centers to potentially attract hotels or major office space were also presented; both uses are not considered likely at any significant scale, although there are selected opportunities to improve the retail mix, particularly with food and beverage in the near term. The presentation ended with discussion, questions and summary comments about overall and relative competitiveness, both based on comparative characteristics of the eight Village Centers and the different types of opportunities and characteristics of the GEDS Corridors. Findings: Approximately 85 participants attended the third market study public meeting on April 23 at the Bain Center in the Harper’s Choice Village Center. The consultant team discussed market findings for the village centers, which generally include: Modest office potential in each village center, that can be absorbed by current vacancies Modest demand for retail in the village centers, particularly for food and beverage uses Residential demand in the village centers will be largely dictated by the success of new residential in Wilde Lake Village Center Low vacancy rates in village centers (with the exception of Long Reach). Supermarkets - the anchor store at the majority of village centers - are operating in a highly competitive marketplace. In the future, this competition may challenge the viability of some supermarkets to remain as village center anchors. 2 The consultant team also discussed findings in the GEDS corridors: 1.8 million square feet of retail space - creates highly competitive environment Several vacant sites - not necessarily developable - near GEDS Vacancy rates vary by use: o Retail has 2.5% vacancy (low) o Office has 9% vacancy o Industrial has 16% vacancy Preliminary Recommendations: The consultant team presented their recommendations to approximately 80 people who attended the final public meeting on May 29 at Howard Community College. The consultant’s preliminary recommendations included the following: Explore the creation and funding for a Retail Retention and Recruitment (RRR) Program within the Howard County Economic Development Authority Structure and provide technical assistance and possible loan funding for small businesses as part of the RRR program Prepare strategies for future changes in village center grocery/anchor spaces – other anchors that have worked in other contexts include: medical, Review CB-29 village center redevelopment process Identify new locations for village center infill Review and summarize covenants affecting Columbia’s redevelopment Develop a detailed database on GEDS’ current uses and occupancy levels Analyze undeveloped parcels in/near GEDS (capacity, access, owner priorities, allowed uses) The study is on-going. The preliminary recommendations discussed at the public meeting will be more fully articulated in the final report, which is anticipated to be completed later this summer. Lead consultant Tom Moriarity is anticipated to make a presentation to the Board at the August 14 meeting. The project webpage (www.ColumbiaAssociation.org/MarketStudy) has more information about the study including the public meeting presentations. Legal Considerations None at this time. This memo provides an information update only. Budget Considerations None at this time. This memo provides an information update only. Policy Implications The market study is in alignment with the new Strategic Plan and CA’s mission of “Working every day in hundreds of ways to make Columbia an even better place to live, work and play. Recommendation None at this time. This is an information update only. 3 Tracking Form - FY15 Planning and Strategy Committee Submitted to Committee by (name): Date sent to Committee Description of Topic 9/3/2013 Membership Rate & Fee Structure 4/10/2014 Columbia Market Study Review Date Date sent to Recommendation Due to CA Board of Committee Board Action 1st Reading Board Extensions Briefing & In 1st quarter FY15, Management will be preparing a consultant scope of work to discussion on study membership rates. 9/12/13 Progress Update up/Briefing scheduled on 4/10/13 for 6/12/14 Updated June 5, 2014 DATE: June 5, 2014 TO: Board Operations Committee Members FROM: Rob Goldman, Governance Chief of Staff SUBJECT: Addition of Board Member Updates to all Future Board Meeting Agendas The BOC will discuss the merits of adding a "Board Member Updates" agenda item to all future Board meeting agendas. This would be an opportunity early in every Board meeting for Board members to give quick updates and/or to briefly share with the Board whatever each Board member feels is important to share. Each Board member's updates will be limited to 2-3 minutes. jfl DATE: June 3, 2014 TO: Board Operations Committee FROM: Rob Goldman, Governance Chief of Staff SUBJECT: Work Session on 7/24 on CA and the Environment The BOC will discuss having a work session on 7/24 on CA and the Environment. The work session would be a review of all of the environmentally sustainable and going green efforts that CA has made over the past few years and a discussion of CA's future goals and initiatives in these areas. The work session will serve as a pilot for the Board to determine whether or not it wishes to have additional work sessions this year. The work session will replace most of the Board meeting schedule for that night. A short Board meeting will be held after the work session to discuss items needing Board attention and/or approval. Board Request Tracking Log FY 15 As of June 5, 2014 A D E F G Origination Date 2/20/2014 Assigned To (Department) HR Due Date 8/20/2014 Closed Date 2 Include minutes from all Board meetings in all years (as shown on the previous CA website) on Alex Hekimian the new CA website 3/13/2014 Communications and Community Engagement 4/30/2014 4 3 Assess the potential for where a CA community garden could be Alex Hekimian sited 3/13/2014 Community Building and Open Space 10/31/2014 5 4 Russ Swatek Would like more information on stretch goals 3/27/2014 President's Office/HR TBD Andy Stack Staff to prepare a briefing on the sign variance issue for new Board members 5/23/2014 Community Building and Open Space 6/30/2014 5/23/2014 General Counsel 6/30/2014 5/14/2014 Community Building and Open Space 6/20/2014 5/28/2014 Construction Department 6/28/2014 1 2 3 6 B C Number Originator Issue/Task Description 1 Michael Cornell Full Compensation Study 5 7 6 Staff assessment of the covenant enforcement question in the Board Members Guilford Industrial Park 8 7 Questions about fees and user Gregg Schwind requirements for the Dog Park 9 8a Jeanne Ketley Is it possible to find out the elevation of the docks/boardwalk at the Lakefront at Clydes? 1 6/5/2014 Board Request Tracking Log FY 15 As of June 5, 2014 A 1 10 Number 8b B C D E F G Originator Issue/Task Description Origination Date Assigned To (Department) Due Date Closed Date Jeanne Ketley The construction of any bridge/boardwalk regardless of height will require support pilings and footings which is where the debris piles up. How long is the bridge, how many pilings and support ties are being constructed? What is the proposed height of the Lake Kittamaqundi pathway bridge above existing ground level? 05/28/14 Construction Department 6/28/2014 6/5/2014 2 Resident Request Tracking Log FY 15 As of June 4, 2014 A 1 2 3 4 5 6 Number 1 2 3 4 5 B Originator Ed Coleman C D Issue/Task Description Information on ERC meetings held outside of the regular meetings schedule, including when the meetings were held, who participated, where they occurred, and what was on the agendas. 1 E F Origination Date Assigned To (Department) Due Date 5/23/2014 Chief Staff LiaisonERC 6/30/2014 G Closed Date COLUMBIA ASSOCIATION, INC. COMPARISONS TO THE WELLNESS FACILITY --- HAVEN ON THE LAKE PRO FORMA WITH A POOL SUMMARY - as of June 10, 2014 SUMMARY - WELLNESS FACILITY - SEPTEMBER 2013 YEARS 1- 11 2015 - 2025 EXPECTED YEARS 1 -16 2015 -2030 YEARS 1 - 21 2015 - 2035 totals in aggregate totals in aggregate EXPECTED EXPECTED REVISED SUMMARY - HAVEN ASSUMPTIONS & POOL YEARS 1- 11 2015 - 2025 EXPECTED YEARS 1 -16 2015 -2030 YEARS 1 - 21 2015 - 2035 totals in aggregate totals in aggregate EXPECTED EXPECTED VARIANCE TO WELLNESS FACILITY SUMMARY YEARS 1- 11 2015 - 2025 YEARS 1 -16 2015 -2030 YEARS 1 - 21 2015 - 2035 EXPECTED EXPECTED EXPECTED INCREMENTAL INCOME MEMBERSHIP OTHER TOTAL - INCREMENTAL INCOME 20,459,700 16,312,279 36,771,979 32,946,969 26,957,235 59,904,204 47,423,138 39,297,656 86,720,794 8,601,461 23,966,113 32,567,573 13,851,233 39,121,239 52,972,472 19,937,158 56,690,183 76,627,341 (11,858,239) 7,653,834 (4,204,406) (19,095,736) 12,164,004 (6,931,732) (27,485,980) 17,392,527 (10,093,453) INCREMENTAL OPERATING EXPENSES SALARY WAGES & BENEFITS OPERATING EXPENSES RENT DEPRECIATION INTEREST TOTAL - INCREMENTAL OPERATING EXPENSES 11,200,921 6,331,009 9,859,125 4,140,000 859,767 32,390,822 17,970,406 10,136,225 15,193,917 4,240,000 869,767 48,410,315 26,010,431 14,547,514 21,257,194 4,340,000 879,767 67,034,906 9,831,170 5,004,970 9,859,125 3,010,905 1,677,705 29,383,875 15,577,189 7,951,471 15,193,917 4,524,952 1,879,319 45,126,848 22,238,401 11,367,273 21,257,194 6,139,000 2,040,723 63,042,591 (1,369,751) (1,326,039) (0) (1,129,095) 817,938 (3,006,947) (2,393,217) (2,184,754) (0) 284,952 1,009,552 (3,283,467) (3,772,030) (3,180,241) 0 1,799,000 1,160,956 (3,992,315) TOTAL INCREMENTAL INCREASE / (DECREASE) IN NET ASSETS 4,381,157 11,493,889 19,685,888 3,183,698 7,845,624 13,584,750 (1,197,459) (3,648,265) (6,101,138) 140,001 250,001 360,001 620,000 (840,076) (1,244,049) 4,521,158 11,743,890 20,045,889 14,204,750 (2,037,535) (4,892,314) ADJUSTMENTS FOR CASH FLOW: Add back depreciation Subtract principal payments TOTAL INCREMENTAL CASH FLOW FROM OPERATIONS (700,075) 2,483,623 (994,048) 6,851,576 259,999 (5,841,139) COLUMBIA ASSOCIATION, INC. COMPARISONS TO THE WELLNESS FACILITY --- HAVEN ON THE LAKE PRO FORMA WITHOUT A POOL SUMMARY - as of June 10, 2014 SUMMARY - WELLNESS FACILITY - SEPTEMBER 2013 REVISED SUMMARY WITH HAVEN ASSUMPTIONS YEARS 1- 11 2015 - 2025 YEARS 1- 11 2015 - 2025 EXPECTED YEARS 1 -16 2015 -2030 YEARS 1 - 21 2015 - 2035 totals in aggregate totals in aggregate EXPECTED EXPECTED EXPECTED YEARS 1 -16 2015 -2030 YEARS 1 - 21 2015 - 2035 totals in aggregate totals in aggregate EXPECTED EXPECTED VARIANCE TO WELLNES FACILITY SUMMARY YEARS 1- 11 2015 - 2025 YEARS 1 -16 2015 -2030 YEARS 1 - 21 2015 - 2035 EXPECTED EXPECTED EXPECTED INCREMENTAL INCOME MEMBERSHIP OTHER TOTAL - INCREMENTAL INCOME 20,459,700 16,312,279 36,771,979 32,946,969 26,957,235 59,904,204 47,423,138 39,297,656 86,720,794 6,879,029 20,039,824 26,918,853 11,077,541 32,798,599 43,876,140 15,944,767 47,589,516 63,534,282 (13,580,671) 3,727,545 (9,853,126) (21,869,428) 5,841,364 (16,028,064) (31,478,371) 8,291,860 (23,186,512) INCREMENTAL OPERATING EXPENSES SALARY WAGES & BENEFITS OPERATING EXPENSES RENT DEPRECIATION INTEREST TOTAL - INCREMENTAL OPERATING EXPENSES 11,200,921 6,331,009 9,859,125 4,140,000 859,767 32,390,822 17,970,406 10,136,225 15,193,917 4,240,000 869,767 48,410,315 26,010,431 14,547,514 21,257,194 4,340,000 879,767 67,034,906 8,881,568 3,786,881 9,859,125 2,749,000 1,525,712 26,802,286 14,072,574 6,019,200 15,193,917 4,144,000 1,709,784 41,139,476 20,090,373 8,607,070 21,257,194 5,639,000 1,859,284 57,452,922 (2,319,353) (2,544,128) (0) (1,391,000) 665,945 (5,588,536) (3,897,832) (4,117,025) (0) (96,000) 840,017 (7,270,839) (5,920,058) (5,940,444) 0 1,299,000 979,517 (9,581,984) TOTAL INCREMENTAL INCREASE / (DECREASE) IN NET ASSETS 4,381,157 11,493,889 19,685,888 116,567 2,736,664 6,081,360 (4,264,590) (8,757,225) (13,604,528) 140,001 250,001 360,001 (625,780) 620,000 (765,781) (1,125,001) 4,521,158 11,743,890 20,045,889 (509,213) 6,701,360 (5,030,371) (9,882,226) ADJUSTMENTS FOR CASH FLOW: Add back depreciation Subtract principal payments TOTAL INCREMENTAL CASH FLOW FROM OPERATIONS (875,000) 1,861,664 259,999 (13,344,529)