New Mark Commons Board Agenda 4/6/2017 Page 1 of 159

NEW MARK COMMONS HOMES ASSOCIATION, INC. P.O. BOX 4206 ROCKVILLE, MD 20849-4206 301-340-0288 http://www.newmarkcommons.net

BOARD MEETING AGENDA Thursday April 6, 2017 7:30 pm at the NMC Clubhouse

7:30pm Call to Order

7:30pm – 8:00pm Community Forum1 • Briefing on School Boundaries – Mike Kohut

8:00pm – 8:25pm Approve Minutes and Agenda • Approve Agenda for April 6, 2017. • Minutes for October 19, 2016 Budget Board Meeting. • Minutes for November 16, 2016 Board Conference Call. • Minutes for February 2, 2017 Board Meeting. • Minutes for March 2, 2017 Board Meeting • Minutes for March 16, 2017 Board Meeting.

8:25pm – 8:45pm Committee Reports2 • Architectural Control Committee – Alex Belida • Communications Committee – David Schwartzman • Community Enhancement – Magnus Turesson • Landscape Committee – Ellen Stein • Pool Committee – Kathleen Moran • Social Committee – Alexandra Manalatos

8:45pm – 8:55pm Administrator’s Report3 • Townhouse Parking Lot repaving update. • Dues Update • Appeal of USLI Insurance Denial for CCOC Case 53-16 • Letter to Judy Rudolph re: response to Community Enhancement Concerns

8:55 – 9:00pm Break

9:00pm – 10:00pm Old Business

1 Preference to speakers will be given to those who provide advance notice. To provide advance notice, email [email protected]. 2 Each Committee Report shall be no longer than 3 minutes. No Discussion or voting during committee reports. 3 Limited questions will be entertained at the end of the report as time permits.

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1. 2016 Audit from DeLeon & Stang.4 2. 2017 Revised Budget.

10:00 – 10:15 New Business 1. Community Enhancement Committee Action Items a. Mission Statement and Policies b. Inspection Checklist c. Sample Letters 2. Roc’n Grant Application to City of Rockville 3. Pool Contract

10:15 Adjournment.

4 15 minutes of time is allotted to discussion of the audit.

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New Mark Commons Homes Association Inc. Board of Directors Organizational Meeting March 16, 2017

Attendance Board members present: John Daroff, Alex Manolatos, David Schwartzman, Ellen Stein, Alex Belida, Kathleen Moran, Jim Denny (Administrator), Kirsten Hall (Assistant Administrator).

Absent: Magnus Turesson

Residents: Judy Rudolph, Pat Reber.

Call to Order Ellen Stein called the meeting to order at 7:31 p.m.

Community Forum None

Nomination of Officers Discussion about offices, committees, board liaisons, voting: John Daroff explained how committees have been formed and managed. Quorum and Open Meetings Act requirements revisited. Board members encouraged to complete MOMA training if they haven’t yet, to ensure that any Board discussions outside of meetings are handled properly.

Nomination for President John Daroff nominated himself.

Discussion about tasks and goals facing incoming president: The Board discussed that the president will have possible goals of updating bylaws, producing budget and five-year plan, setting priorities for expenditures, how to pay SWM refund, understanding our accounting issues with budget planning and conforming to HOA and CCOC rules. Expressed need to work as a team with one another and demonstrate to the community that the Board is listening to input. Increased or improved communication with community will be key.

Nomination for Vice President Magnus Turesson (via John Daroff) nominates himself.

Nomination for Secretary/Treasurer Alex Belida nominated David Schwartzman.

Vote for New Directors Voting was unanimous. New Directors are: President: John Daroff President

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Vice President: Magnus Turesson Secretary/Treasurer: David Schwartzman

John Daroff thanked Ellen Stein for her four years as Secretary/Treasurer. Remainder of meeting conducted by John Daroff.

Goals for New Board

Advance Planning for Board Meetings: John would like to create agendas in advance for next three meetings out so community can see upcoming business.

Addressing Community Forum Issues in the Agenda: John feels there’s a problem with issues at the forum being bumped to “New Business” at the end of the meeting, disconnecting the discussion from the community member who initiates it. To better incorporate community input and demonstrate follow-up to forum issues, community members will be given opportunity to add items to the agenda in advance of the meeting (deadlines for adding to agenda will be set), or to make that request at the forum and to be addressed in a future meeting. When an individual’s topic is to be discussed, the individual may be invited back to for input and inclusion in the discussion. Posting agendas several meetings out, with such topics on them, shows the Board’s intent to discuss the issue and when a response from the Board can be expected.

Agenda Items and Meeting Documents Timing Board members were asked to send agenda items to John to be collected and prioritized, possibly spread over the coming months’ agendas, so Jim isn’t getting input from seven different sources. A calendar of agenda items and cutoffs for getting items on agenda in timely manner also to be established. The Board needs to adhere to deadlines to avoid time pressure and members’ failure to read materials before the meeting. This applies to community-suggested agenda items as well; it was suggested that a framework for the year could be established in advance for known cyclical projects.

Setting Priorities for Year Operating and Reserve Budgets and Reserve Studies: John would like to focus on the Operating and Reserve Budgets now, and for next three years. He has a contact who can help project three years out and communicate goals to community. Input from the reserve studies will be used; the last bid is coming in April to Jim. Kathleen will assist with prioritizing from reserve study input. Kathleen asked about landscaping, common areas, and big picture planning for future common area issues, and Jim Denny agreed that the study needs to be more specific in identifying common areas for improvement and projecting forward. Alex Belida and Alex Manolatos discussed the need to communicate to the community an explanation of the difference between areas exclusive to townhomes and other common areas, how they are maintained, and what the costs are to all, for better understanding of how common area costs are spread among the community.

Governance and document updates: John would like to work on updates to modernize NMC bylaws, which are 50 years old, so they are more applicable to the current time and comply with current City, CCOC and HOA rules and laws. 3 New Mark Commons Board Agenda 4/6/2017 Page 5 of 159

Planning for facilities updates: Some facilities planning comes under reserve fund study, and some from other needed improvements. The 2017 proposed budget issue of borrowing against the reserve fund was cause for concern for Board members. Jim said the accountant says it is legal, and there was discussion about how much of the planned deficit is an accounting process and how much involves actual cash. More examination of the budget is needed. A vision for future revenue and recovery is needed. The board will review and discuss the budget at the April 6 meeting.

Board Liaison Committee Assignments ACC: Alex Belida. John Hansman staying on as chair of ACC. Communications: David Schwartzman. John Daroff resigns as Liaison. Community Enhancement: Magnus Turesson. Chairmanship is vacant. Landscape: Ellen Stein. Pool: Kathleen Moran. Social Committee: Alex Manolatos.

Board Liaisons and the Google Drive John will create email addresses for committees and update them for new Board. Folders for new members will be added to the Board Google drive. John is network admin and can assist. Also, Board is advised to use Jim’s NMC email address only: [email protected].

50th Anniversary Celebration The new Social Committee will work with 50th Anniversary task force. Alex Manolatos said she is out of country April 1-18.

Adjournment John: Call for motion to adjourn. Motion: Alex Belida Second: Kathleen Moran Adjourned by unanimous vote 9:17 p.m.

3 New Mark Commons Board Agenda 4/6/2017 Page 6 of 159 NEW MARK COMMONS HOMES ASSOCIATION BOARD OF DIRECTORS MEETING WITH CANDIDATES FORUM THURSDAY, MARCH 2, 2017

Attendees Board Members: John Hansman, John Daroff, Ellen Stein, John Brown, Dorie Mangan, Alex Manolatos, Magnus Turesson, and NMC Administrator, Jim Denny. Administrative Assistant Kirsten Hall taking minutes. NMC Residents: Alex Belida, Joseph Jordan, Daniel New-Schneider, David Schwartzman, Pat Reber, Angeli Gupta, Karin Boychyn, Hans and Toni Schierling, Mira Frost, Joseph Rosen, Jon Bernheimer, Jonathan Smith, John O’Neal, Judy Rudolph, Madeline and Raj Gupta, Sean Hart, Josh Lubell, Rose and Steve Krasnow, Kathy Gall, Lori Newman, David Schwartzman, Stephanie Bloom, David Sloane, Susan Klein, Ken Sandin.

Candidates Forum, 7:00 p.m. Ellen Stein announced meeting being was being recorded. She instructed residents to fill out an index card with questions to ask the candidates. Candidates were given one minute to make their opening statement, in alphabetical order, with Magnus Turesson timing the statements. Candidate Statements Alex Belida: Living here since 1985, raised three kids who were all on swim team. Serving on Architectural Control Committee. Running for Board because he wants to see us in a better position in the next fifty years. Would like a new reserve study to provide long range planning. Wants us to be good neighbors; get our house in order and make regulations, files etc. easily accessible; develop better relationship between Board and city. John Hansman: Has been Engaged nine years on the Board. Has found others to work with on projects including leading architectural review guidelines, parking regulations, NMC 50th anniversary celebration, and others. Joseph Jordan: Has been NMC resident thirty years, dog walker with an eye on the neighborhood. Feels NMC is at a crossroads with SWM dues issue, etc. Has served on the Board in the past, working on many projects without getting off track in spending. Wants NMC to be fiscally sound, avoid legal fees. Has posted more information about his goals on NextDoor. Kathleen Moran: Steve Krasnow spoke on Kathleen’s behalf she is out of town. Feels she would treat all residents with respect. Has known Kathleen for many years and attests to her intelligence and team building skills. Rose Krasnow also spoke: Kathleen has been in charge of many events and civic center activities, hard working and has time to give. Daniel New-Schneider: He is a new member of NMC but grew up here, loves the neighborhood. Identified some problems: feels we need more communication between community members and Board, need to engage the community, identify issues and try new things. David Schwartzman: Has lived in NMC since 1998, dog walker, townhouse resident recognizing that some issues are common to both single family homes and town homes. Our issues are community based. The NMC Board should address short and long term planning and be able to communicate better with residents.

New Mark Commons Board Agenda 4/6/2017 Page 7 of 159 Question and Answer Period John Daroff led the question and answer period.

Question 1: How would you have responded to the storm water management fee lawsuit? John Hansman: Richard Berman filed a challenge, stating that the Board didn’t have authority to raise dues without referendum; our Covenants say otherwise. The Board felt it needed to defend its authority to raise dues without referendum. The CCOC ignored information from both the NMC attorneys and Richard Berman. They didn’t address the Board’s authority to raise dues under section 5; they said we made two mistakes: 1) There was no specific authority in the Covenant add the storm water fee on top of the dues; it had to be included within the dues. 2) The arguments raised about how to raise without a referendum was not adequately documented... John Daroff cut off John Hansman’s answer with apologies to explain that the answer period was 90 seconds. Joseph Jordon: He approached Board five years ago when the SWM dues were first billed because he felt they were wrong, and he withheld payment, then finally paid. Felt it was wrongheaded that townhomes should pay less than single family homes. [Audience responding and asked by other community members to be silent]. Feels he was right all along and the billing wasn’t handled properly by the Board. The SWM billing created division between residents of townhomes and single family homes. David Schwartzman: The Board’s decision to do a pass-through was not good. The community should have had a discussion or referendum. Richard Berman forced a hearing and incurred legal fees because the CCOC requires representation for a hearing. The amount of the legal fee, while bothersome, was not the Board’s fault. Alex Belida: We should do all within our power to resolve issues internally before going to the CCOC, by improving tolerance for different points of view and working with complainants directly. Daniel New-Schneider: This kind of issue can be handled with communication and we need to exhaust other resources first. We all have opinions; the more we discuss and communicate, the more we improve as a community. Then can say we’ve done our best before going to court.

Question 2: Do you believe the HOA is not spending a fair share of capital improvement funds on the lake and townhouse areas? If so, why? Joseph Jordan: The common areas—common to all, not just townhomes—have been neglected. The lake is in good shape and well maintained. Townhouse parking lots have been neglected. It’s been many years since the lots have been paved; the recent sealing done was minor and insufficient. More attention could be paid to townhouse areas and we could do a better job. John Hansman: A couple years ago after the previous reserve study, he compiled list of all that was spent on capital construction from 1978 on. He has kept the list up to date and made it available last year. It shows that work on the lake, clubhouse, recreation areas, bike path, the cost divided by number of households in the community was $3,500. The same amount was spent on townhouse areas exclusively including parking lots, drainage, retainging walls, lighting, painting, etc. A lot has been spent by the community on townhome areas, as required.

03-02-17 NMC Board of Directors Meeting with Candidates Forum 2 New Mark Commons Board Agenda 4/6/2017 Page 8 of 159 Question 3: What approaches or solution would you propose as a Board member to the problems facing our community? David Schwartzman: Would propose short and long term studies, actively ensure a dialog between Board and residents, make residents feel listened to, ensure Board responds to emails in a timely manner, communicate more openly, develop policies for compromise and moving forward. Alex Belida: Would propose a new reserve fund study so we can come up with a plan for short and long term repairs. More action is needed by Architectural Control and Community Enhancement to make NMC look better for our 50th anniversary. We need to get residents to come together and clean up our homes as we do for landscaping. We can assist one another with improvements. We all have a duty to inform ourselves on issues. The Communications committee is doing well using many platforms to get the word out. Board needs to better anticipate resident concerns. Joseph Jordan: There have been tremendous improvements with Board communications. The improvements weren’t the Board’s ideas; they came from residents such as Judy Rudolph. The last reserve study was done in 2008; a study should be done every four to five years. He sees trees and things are not in Architectural Control compliance; he reports them to Board and nothing is done. Will change his own door, which doesn’t comply but was approved. Emails are not being answered by the Board. We need follow-up to administrative emails, to hold people accountable. We need guidelines and procedures at meetings; meetings lack structure and are not always with quorum or to proper procedure. John Hansman: He invites all to stay for the Board meeting and budget discussion this evening. We try, but we don’t always succeed. Daniel New-Schneider: We can have walking Board meetings by talking to community members to find solutions. We can be forward thinking.

Question 4: What role are you personally able to play in implementing solutions the Board comes up with? Joe Jordan: Would create sub-committees, follow up on inquiries, will do just about anything and depends on the agenda. Looking forward to being a team player, happy to be a part. David Schwartzman: Works from home so is available often; has no set schedule. Can help with sudden events. Is committed to the community, has strong ties to it, met Lori here, will give time and effort for whatever is needed. Will develop expertise as needed. Alex Belida: Would like to work with Communications committee so all are informed and no one feels they don’t know what is going on. Wants to work for compromises for balanced solutions. Will work with Administrator and assistant to make sure all minutes, orders, regulations, and files are in order, up to date, accurate. Daniel New-Schneider: Works full time and has kids, but will give whatever time is available outside of that. John Hansman: Introduced Kirsten Hall who will help keep us on track and get things done.

Question 5: If elected do you think you would represent only one section or the entire community? Joseph Jordan: All of it. Has been active on the Pool committee, his wife works on swim team and international dinner. Attends all functions, heart is with all the community. Sees it when walking his dog and feels the Board should work for all of the community.

03-02-17 NMC Board of Directors Meeting with Candidates Forum 3 New Mark Commons Board Agenda 4/6/2017 Page 9 of 159 David Schwartzman: Hopes any Board member will say they live in New Mark Commons, not one part of community. There should be balance and representation from both sides of community, but recognizing differences doesn’t mean recognizing only a part of the community; we are a whole and Board must recognize the whole or we all lose.

Question 6: How do you propose to balance needs of different groups using the pool, such as lap swimmers, swim team, family parties? Joseph Jordan: Serves on pool committee and suggests members read the minutes of the last committee meeting. Nancy [Wood] is our chair. It is a balancing act. At a recent forum there was surprise at how much the community subsidizes the swim team—more than most communities. We might look at it again and keep the community involved, be fair to parents and swim team, or change practice hours. John Hansman: The budget to be discussed tonight extends swim hours in August. Extended hours are driven by fact that school starts after Labor Day. It will cost more money. Alex Belida: Looks forward to hearing what the Board budget and Pool committee come up with. Swim team is the strongest binding element of community. Many kids are on it. It brings the community together. He enjoys the sounds of the swim team. Daniel New-Schneider: Everyone comes to the pool. We can come to other agreements for swim team, can do other activities at the pool, fundraising, invite food trucks with profit sharing to subsidize the pool. David Schwartzman: These are all good ideas and would work toward them, can’t add anything.

Questions from the Floor Question from Jeff Bloom: The compromised proposal of having swimmers practice two hours mornings in summer and one hour in evening would not work due to summer camp. Already the lanes are tight, eight per lane. Adults don’t want to cram into one remaining lane. Would you support the current schedule, yes or no? Joe Jordan: Invites Jeff and others to the Pool committee meetings. Feels committee should discuss. David Schwartzman: It would be irresponsible to just answer without hearing all options so won’t say yes or no. Alex Belida: Don’t know what the hours were last year, doesn’t use pool, so would need to hear from pool committee with input from residents. Daniel New-Schneider: If the cost is reasonable, why can’t we extend hours?

Question from Pat Reber: Regarding our relationship to the city of Rockville, we were in some trouble this summer when we thought the city council would automatically approve our application to the National Historic Register. We didn’t have enough standing with elected officials to lobby ahead of time and work with city officials. What would you do to improve our relationship with the city of Rockville? Joseph Jordan: Has campaigned with mayor and campaign committee chair for council member Beryl Feinberg. Active with city when city was going to sell golf course. Met new city manager and has gone before Board offering help to represent with city and the offer fell on deaf ears. Talked about getting county support for dredging the lake. Feels he has a good relationship with city officials. Communicated with city regarding timing of the light at Argyle street, got a crew out there to fix it.

03-02-17 NMC Board of Directors Meeting with Candidates Forum 4 New Mark Commons Board Agenda 4/6/2017 Page 10 of 159 Alex Belida: Engagement with city is his main platform point. At least one Board member should be at city meetings to speak out and reflect community interests. Had we not organized an email and letter campaign before city council this summer, no other input would have been given about whether to be in the National Register of Historic Buildings. The mayor had only heard from one person. Our large turnout helped. Regarding water main breaks in common properties, it is essential to be engaged with the city and the new city manager. David Schwartzman: Nominates himself and recommends all Board members meet the mayor and attend meetings, develop relationships with city and county authorities. As example, he has been taking the citizens police academy to have a relationship with county police; already has with the city police. A liaison for each important area would be useful. Steve Krasnow for Kathleen Moran: Rose made a statement on behalf of Kathleen about her employment and relationship with the city, and it’s worth mentioning in terms of the question. Alex Belida: We can leverage the people in our community to get better results about our community. One ouf our neighbors is state senator, we have people working on campaigns, and we make up a good block of votes. Residents have involvement and experience to offer. John Hansman: Agree that good relations are important. Has spoken to the city council on a couple of occasions and respects those in our community who have given time speaking.

Question from Jonathan Smith: Observes a number of HOA violations in the community. What will candidates do about current ACC violations, what to do about the things improperly approved, and how to avoid that in the future? David Schwartzman: Anything that was added without ACC approval or violated ACC rules, and for which people were informed of a violation, we have a right to insist they be fixed. There were those who bought homes where things had been improperly approved or not address. If there’s a way to fix it without undo burden to the homeowner, we should. There may be way to compromise with residents so we don’t put undo burden on buyers who inherited bad approvals. Alex Belida: Has been on the ACC. In past year, he developed a draft of clear implementation rules which has been presented to the Board. If you apply to the ACC and do something differently, ACC can ask you to do what you applied to do. House sale is subject to the corrections required. We’re trying to accommodate all scenarios. Covenants say we should all repaint houses every four years but it’s not being enforced. The CCOC ruled that HOA boards have flexibility in applying regulations enforcement but should not neglect that responsibility. John Hansman: Alex did develop a tough set of guidelines, and the Board will work through it. The top priority is dealing with violations by current owners, not transfer sof ownership where ACC rules don’t comply. We can address current violations; it takes time, Jim is the enforcer, people object, and we end up at the CCOC defending ourselves because lawyers are expensive. We need more practice. There will be some contention. Joseph Jordan: Has seen some positive changes with new guidelines, such as gate and fence changes that were fixed or enforced. Need to have people on Board who observe violations and respond quickly. Quick response and nipping in the bud important. Applauds the work being done. Daniel New-Schneider: This is a learning opportunity for all who are working on their homes. If there’s a problem, we need Board review. We should take the long view and consider that these are our neighbors and we live with these people. There is a way to do it peacefully, civilly, and open communication helps everyone.

03-02-17 NMC Board of Directors Meeting with Candidates Forum 5 New Mark Commons Board Agenda 4/6/2017 Page 11 of 159 Candidate Closing Statements John Daroff requested one-minute closing statements from the candidates, in reverse alphabetical order. David Schwartzman: Has been in community a long time, care, recognizes the many perspectives and mistakes made, will activity represent everyone before making a decision. We must listen to all viewpoints to fulfill our obligation as neighbors and friends, and fulfill fiduciary responsibilities. Daniel New-Schneider: Is asking for your vote. Has been raised here, is raising his kids here, is active in the community and uses the facilities, will be here a long time. Wants to help make the community stronger. Kathleen Moran (represented by Rose Krasnow): Kathleen wishes she could be here. Her trip was planned in advance of scheduling this meeting date. Kathleen is well respected, creative, and would be a wonderful asset. Please vote for her. Joseph Jordan: Has lived here thirty years, is not leaving, wants to give back, has a good track record. See bio on NMC website for all his accomplishments. Has a good relationship with Jim, looks forward to working with Kirsten, would like to bridge the divide between townhomes and single family homes. Wishes Judy had been elected last year and had run this year. We need changes, to get back on track, to get things done. John Hansman: Would like your vote. Have worked hard and creatively on many issues for NMC. He would rather work than be retired. Alex Belida: Thanks Ellen and Board for arranging the forum. Thanked all coming out, wishes there’d been more, hopes he can count on your vote; ask your neighbors to vote. Had nothing to do with Russia.

Continuing the discussion online: Ellen Stein asked to give Judy Rudolph credit for continuing the discussion online. Judy says as soon as Pat Reber has an article ready (after the election), the Communications Committee (CC) will put it on the homepage of the website as community news. Would also like to keep the dialogue going on Next Door in the HOA group. Ask to be made a member of the HOA group and a CC member will approve. Judy encouraged all residents to contact the candidates and get to know them as individuals. Joseph Jordan asked how to get to the HOA group on Next Door. Jonathan Smith described where to find it and Ellen Stein suggested posting the instructions on the monitor at the upcoming annual meeting. Ellen Stein thanked all for coming and closed the forum for the Board business meeting at 7:55 p.m. Five- minute break.

NMC Board Business Remaining residents: Madeline and Raj Gupta, Karin Boychyn, Sean Hart, Judy Rudolph, Ken Sandin Approval of Minutes and Agenda No minutes prepared yet; minutes of February meeting to be approved at April meeting. Agenda approved.

Officers and Committee Reports Architectural Control Committee (ACC): John Hansman had nothing to add after the discussion during the candidate's forum.

03-02-17 NMC Board of Directors Meeting with Candidates Forum 6 New Mark Commons Board Agenda 4/6/2017 Page 12 of 159 Communications Committee (CC): Judy Rudolph said minutes of February meeting may be found in the agenda package. Items to discuss from February CC meeting: CC felt some aspects of Board meetings are a CC function. See p. 3 of CC February minutes regarding March meeting. NMC is investing in microphones, will create an area for speaking with mic so commenters can wait their turn and comment from mic. The other mic will be at the Board table. Keeps control and compensates for the room’s acoustics. Also, to compensate for acoustics, suggests use of power point slides with reports so news can be read if not heard, on the new monitor in the clubhouse. Judy says we have people on the CC who can help with technical issues and skills. Will prepare signup sheets for different committees, neighborhood watch, etc. and have table on the landing. Will add a CE signup sheet there as well. The CC closed down the communications preferences survey on February 15 to not pay for another month of Survey Monkey. Received 162 survey responses out of 384 sent, which is a good return. Lots of data to look at and will be looking at it over next 6 months. Melanie Huston may get involved, has experience with surveys. Website: We are using the site Josh developed, will have pages for each committee and major events such as 50th anniversary. Will be ready to train Jim Denny and Kirsten Hall with website and MailChimp. Newsletter: The Electronic delivery is working but receiving the material on time is a problem. Plan to simplify production of paper newsletters. Databases: Last month recommended guidelines were approved, MailChimp and directory database updated with data from the January information update forms, Kirsten entered the data and found lost email addresses. MailChimp statistics: found on page 5 of February minutes. See ATTACHMENT A.

Community Enhancement (CE): Magnus Turesson reported. CE is scheduled to meet on March 23. Submitted for Board approval changes to some letters and checklists: • Mission statement with policies • Response letter and initial letter to go out to community (Judy sent some of these items to Board this afternoon 5:30 p.m.) • Inspection checklist • Trash can letter from Board re removal or concealment of cans on non-trash days • New inspections to be done spring of next year, giving residents time to do improvements beforehand • CE members will be trained for next year’s inspections on what to look for, code, contemporary styles, etc. Ellen Stein motioned tabling the vote to approve the CE packet changes until next month’s board meeting since we received the packet with short notice. John Daroff seconded. Vote moved to April Board meeting. Concrete: Many residents want concrete work; concrete contractor has to be willing to do piggyback work to be considered for the contract. We currently have two bids, need at least three. 840 NME: Still no improvements seen. Magnus recommends sending a letter with a deadline for making improvements; residents are willing when spoken to but haven't moved. John Hansman noted that shingles on 842 NME have need of similar attention as 840. Judy saw condition when delivered packet to door yesterday and noted several issues; all recorded issues should be included in the letter. Jim Denny suggests using the CE 03-02-17 NMC Board of Directors Meeting with Candidates Forum 7 New Mark Commons Board Agenda 4/6/2017 Page 13 of 159 inspection form to check to ensure what’s been done and compose the letter. Improvements are the Landlord’s responsibility so letter needs to go to Landlord. Magnus will get letter together for Jim Denny’s approval. John Daroff suggested the option of a CCOC meeting if issues aren’t addressed. 10 and 12 Scandia: Resale packages need to go out. Homeowner of 12 Scandia had package sent to them, but not to the realtor. Add to next agenda: Judy’s Community Enhancement letter. Jim didn’t remember whether maintenance issues or ACC. Both have contracts. Jim will look at the forms on the drive. Back to concrete: Sean Hart remarked that recent work by city wasn’t long lasting or good quality. City’s concrete work is bad, short lived. Suggests picking a contractor with quality work especially work if will be paid by homeowners. Jim Denny noted that ice melt and synthetic salt damages the surfaces as well. Concrete needs to stand up to that.

Landscaping: Ellen Stein said committee members have not been showing up to meetings Community Walk-Through: Committee will do a walk-though-community meeting on Saturday March 11, 9:30 a.m.to identify common areas that need work and prioritize projects. April Spring Cleanup: Will be advertised. Last cleanup was successful. Lake work: On schedule for May or June.

Pool: Jim Denny will seek a meeting date late in March before the April Board meeting regarding ice cream, life guards, practice lanes, etc.

Old Business 2017 Revised Budget: John Hansman: Tables and a memo have been submitted to the Board. Jim Denny put together a larger budget like last falls budget that was postponed while waiting for the CCOC decision. The interim budget of January 20117 cannot continue. Now with the CCOC decision we are using the larger 2017 proposed budget. See ATTACHMENT B. Jim: Budget that was proposed last November includes 16.5% operating budget increase and 20% reserve fund increase. CCOC decision order requires refunding over $43,000 to townhouse owners for 2011 to 2016 excess SWM fees. Legal fees were incurred; tree care was about $10,000 over budget. We were instructed by CCOC that from now forward, the SWM fee will be treated as any other expense and included within dues structure, along with CCOC fee to be passed through (the CCOC fee wasn’t mentioned in the CCOC order but will be put in). CCOC order was received after January 21, so we will have to refund to every homeowner for SWM fee that was charged, approximately $9,000. Our February 15 audit was completed by DeLeon & Stang. We took the charge for the SWM refund in 2016 and included it in 2017. We included the deficit of over $88,000 in 2017 and tried to figure a way to cover it and pay our bills. John Daroff asked: accrual or cash method? Jim: Modified cash accrual. John Hansman: generally, accrual, but some items cash basis for convenience. Operating fund budget deficit is over $87,000, included in 2017 budget. Options to cover the deficit: 1) large

03-02-17 NMC Board of Directors Meeting with Candidates Forum 8 New Mark Commons Board Agenda 4/6/2017 Page 14 of 159 dues increase (tabled); 2) apply some of the $49,000 currently in cash; 3) borrow against the reserve fund and pay back over three years. Applying some cash, borrowing $82,000 against reserve, and a dues increase would result in a $1,300 surplus at end of year. Repayment toward reserve fund would occur in 2018 through 2020; $27,000 first two years and $28,000 in third year. The dues increase in the operating fund would be 12.3%; an average of about $90 to $95 for all residences. Reserve Fund, three large expenses: 1) Concrete and asphalt repair to townhouse parking lots $256,000; 2) ADA bathroom for clubhouse, 3) $50,000 for retaining walls, misc. drainage. It’s over $406,000 in work. We have $513,000 in reserve fund. Reserve fund 20% dues increase ($88,000) would bring the fund up to almost $602,000; minus reserve fund loan and work, would leave approximately $114,000. Our documents give us these three vehicles to raise dues; 1) referendum to community, 2) invoke the article 5a which gives us right to increase dues over property values cumulative – which was the primary challenge in the complaint by Richard Berman, but our position was upheld even though we lost the storm management part, 3) invoke article 5b, which takes the consumer price index on a cumulative basis. If we are within that, we can raise the dues. Responses: John Daroff said he is not prepared to vote; needs to read the audit report. Appreciates the hard work but needs to apply some independent study. John Daroff motioned table vote on 2017 budget to next meeting. Seconded by Magnus and Ellen. Vote postponed to April 6 meeting. John Hansman noted that 30 days' notice is required for dues increases. If we table the vote on the budget, we couldn’t get the second billing out until mid-May. Doesn’t see anything very new in the draft budget so asks for decision now so the new Board doesn’t inherit it. Dorie said it’s a lot to digest. Ellen suggested to requesting two-third vote from the community. John Hansman said it’s very unlikely since hard enough to get two thirds to respond, let alone vote. Nagging and phoning of residents is involved. Ellen then suggested we do fewer projects. John Hansman said we could get through next year without raising reserve fund dues. Operating budget includes contracts to be honored, pool to open, etc. If doing a referendum, make it for the reserve fund increase so we have a year to decide what to do next. Said there’s a lot we could be doing if we don’t drag this on. Requested that a decision be made today. John Daroff said borrowing funds gives him greatest pause; he hasn’t been able to work through all the options thoroughly enough to be comfortable. John Hansman said our auditors describe it as feasible to borrow. John Hansman called for a vote on tabling the budget approval to the next Board meeting. All in favor except John Hansman and Jim Denny.

Draft 2016 Audit: Jim Denny motioned we defer approval until March 16 organizational meeting. Dorie Mangan left the at this point (9:19 p.m.). John Daroff requested to have time to read, having received it only two days ago. John Hansman asked if there was any objection to moving audit discussion April meeting. There was no objection.

Berman letter to CPA dated 2-15-17: Letter went to accountant. Accountant received and will answer at cost of $300 or we can answer ourselves. John Hansman suggests responding ourselves. Jim says Board will respond, Board agrees. See ATTACHMENT D.

03-02-17 NMC Board of Directors Meeting with Candidates Forum 9 New Mark Commons Board Agenda 4/6/2017 Page 15 of 159

NMC Annual Meeting for March 13: Sound system: NMC is renting a system for the meeting for $100, with speaker and two wireless microphones. Ellen would like the minutes to reflect recognition of special volunteers who helped get the Annual Meeting Packet out: Alex Belida, Fran Denny, Joe Jordan, Elliot Pickar, Pat Reber, Judy Rudolph, and Toni Schierling. 2017 Capital Improvement Plan: Jim Denny noted we have two concrete estimates; Judy and Magnus are compiling a piggy-back work list from individual homeowners. NMC Clubhouse: Will start work on clubhouse and parking lots in two months. CCOC case 53-16 R. Berman: Sean Hart asked if we need a separate file on the resident page of website for legal actions (see February newsletter for link). CCOC case 80-16 R. Berman: Going to mediation Tuesday at 9:00 a.m.: John Hansman, Jim Denny and Magnus Turesson will be present. Karin Boychyn asked for a summary of the complaint. John Hansman replied. Richard Berman says he was denied access to Board meeting minutes. John stated that was not true. He also wanted all minutes in electronic format. He was not denied access to the minutes and we did not have minutes from 1967 to 1999 in electroninc format. We met all requirements of law and by-laws. Jim says we have hard copy minutes from 1972-1999. The Board offered access and copies (for 15 cents per copy). John Hansman said he will talk to our lawyers tomorrow (Friday, March 3) about what to mediate. Will get advice. Magnus asks if paperwork required. John Hansman says a rebuttal has already been submitted to the CCOC. Karin Boychyn asked if Richard Barman is looking for a decision or something specific in the minutes. Alex Manolatos says he's claiming he wasn’t given what he asked for or that it wasn't made electronically accessible easily or free. Jim says he was given electronic minutes from mid-1999 to current. No other electronic files exist. Karin asked what are retention requirements for Board minutes? Do we know what ours are? What's required? Water main breaks 100 and 800 blocks NME: Jim said an insurance was claim filed with city for common property, stoop and steps and sidewalk. Judy Rudolph noted that some landscaping should have been done but is now under five inches of mulch. Reserve study proposals: Jim said we will have proposals from Miller Dodson and Mason & Mason by next Board meeting. NMC 50th Anniversary: John Hansman said there’s not much to report. The committee met and there will be more to report next month. Committee members are: Judy Rudolph, Margaret Chao, Pat Berger, Sima Osdoby, and Raj Gupta. Judy said we will get started on a grant application. Jim found the last one we did and gave to John Hansman. Judy has it already.

New Business None

03-02-17 NMC Board of Directors Meeting with Candidates Forum 10 New Mark Commons Board Agenda 4/6/2017 Page 16 of 159 Administrator’s Report Jim Denny noted that 37 residents have not paid dues for the first month. Not abnormal. Late letters will go out late with fees and interest assessment. Judy Rudolph asked if late dues notices could include a reminder that residents who haven’t paid dues cannot vote at the annual meeting. Asked if we could export the current directory to verify addresses for voters at the annual meeting – current printing is several months old. Discussion about white and yellow ballots: John Daroff asked about people who are in good standing but cannot vote from a yellow ballot if they are not present? (White ballots came from the voided packet; yellow ballots from the corrected packet.) Discussion followed: Pat Reber: We said only the yellow ballots were valid. If anyone sees a white ballot we will get complains. Sean Hart: For those voting prior to meeting, the latest communication sent out requires a yellow ballot. Everyone received a yellow ballot today. That should suffice. Include notes in Mailchimp. The night of the meeting, offer yellow ballots for those attempting to present white. For those not here, what do we do? Discussion continues. Suggested: Keep list of those who turn in non-yellow and mark it “yellow absentee” so it’s not considered to have slipped through. Sean: Have we ever accepted a facsimile or photo of a ballot? Can we send a yellow emailed scan electronically to prove yellow has been sent, to prove all reasonable effort has been made to deliver a yellow ballot. It was decided Jim will scan yellow ballots to send electronically to those who need them. Move to Closed Session At 10 p.m., John Hansman made a motion to move to closed session. Ellen seconded the motion which was approved by all Board members present. John Brown was absent. See ATTACHMENT D. Return to Open Session Meeting ended 10:45 pm.

Attachments A: NMC Communications Committee Report to NMC Board, 3-2-17 B: Revised Budget and Dues for 2017 from John Hansman, 3-2-17 C: Berman Letter to CPA D: (in this document) Written Statement for Closing a Meeting Under the Open Meetings Act

03-02-17 NMC Board of Directors Meeting with Candidates Forum 11 New Mark Commons Board Agenda 4/6/2017 Page 17 of 159 ATTACHMENT D WRITTEN STATEMENT FOR CLOSING A MEETING UNDER THE OPEN MEETINGS ACT

Date: 3/2/2017 Time: 10 p.m. Location: NMC Clubhouse Motion to close meeting made by: John Hansman

Seconded by: Ellen Stein , Members voting in favor: J. Hansman, J. Daroff, E. Stein, M. Turesson, A. Manolatos, D. Mangan

Opposed: None Abstaining: None Absent: John Brown

STATUTORY AUTHORITY TO CLOSE SESSION, General Provisions Article, §3-305(b) (check all that apply):

____ (1) To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one or more specific individuals;

____ (2) To protect the privacy or reputation of individuals concerning a matter not related to public business;

____ (3) To consider the acquisition of real property for a public purpose and matters directly related thereto;

____ (4) To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State;

____ (5) To consider the investment of public funds;

(6) To consider the marketing of public securities;

_____(7) To consult with counsel to obtain legal advice on a legal matter;

__X_ (8) To consult with staff, consultants, or other individuals about pending or potential litigation;

____ (9) To conduct collective bargaining negotiations or consider matters that relate to the negotiations;

____ (10) To discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including: (i) the deployment of fire and police services and staff; and (ii) the development and implementation of emergency plans;

____ (11) To prepare, administer, or grade a scholastic, licensing, or qualifying examination;

____ (12) To conduct or discuss an investigative proceeding on actual or possible criminal conduct;

____ (13) To comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter;

____ (14) Before a contract is awarded or bids are opened, to discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process.

FOR EACH CITATION CHECKED ABOVE, THE REASONS FOR CLOSING AND TOPICS TO BE DISCUSSED:

§3-305(b) (8 ) Discuss settlement offer and mediation for CCOC case #80-16 scheduled for 3/7/2017.

§3-305(b) ( )

03-02-17 NMC Board of Directors Meeting with Candidates Forum 12 New Mark Commons Board Agenda 4/6/2017 Page 18 of 159 §3-305(b) ( )

This statement is made by: John Hansman , Presiding Officer:

SIGNATURE

WORKSHEET FOR USE IN CLOSED SESSION (CHECKLIST OF DISCLOSURES TO BE MADE IN MINUTES OF NEXT REGULAR MEETING- NOT A PART OF THE CLOSING STATEMENT)

PERSONS ATTENDING CLOSED SESSION: : J. HANSMAN, J. DAROFF, E. STEIN, M. TURESSON, A. MANOLATOS, D. MANGAN.

TOPICS ACTUALLY DISCUSSED: Settlement offer and mediation for CCOC case #80-16 scheduled for 3/7/2017.

ACTION(S) TAKEN (IF ANY) AND RECORDED VOTES:

TIME CLOSED SESSION ADJOURNED: 10:48 PM

PLACE OF CLOSED SESSION: NEW MARK COMMONS CLUBHOUSE

PURPOSE OF CLOSED SESSION: DISCUSS SETTLEMENT OFFER AND MEDIATION FOR CCOC CASE #80-16.

STATUTORY AUTHORITY FOR THE CLOSED SESSION: §3-305(b) ( 8 ); ( ) ; ( )

MEMBERS WHO VOTED TO CLOSE: J. HANSMAN, J. DAROFF, E. STEIN, M. TURESSON, A. MANOLATOS, D. MANGAN.

(Form Revised 10/1/14) Appendix C

03-02-17 NMC Board of Directors Meeting with Candidates Forum 13 New Mark Commons Board Agenda 4/6/2017 Page 19 of 159

Minutes for ACC Meeting of 2-6-17

ACC Members present: Hansman, Belida, Holdsworth, Denny. Absent: Manolatos. Others present: Judy Rudolph.

Judy Rudolph presented some concerns outlined in the attached email.

One of Judy’s concerns was that approval of the repair at 276 NME was not in the ACC minutes. The committee approved amending the minutes for 12-5-16 to include approval by Hansman and Denny of the repair of 276 storm damage to restore original appearance. Revised minutes for 12-5-16 are attached.

The committee decided to send a message to 178 NME about concerns with the application for a deck. That message is attached.

Hansman presented to the Committee a plan to start enforcement by addressing first those violations done by the current owner of the property. These enforcements would be the easiest to defend. The Committee agreed.

The following items were approved by Hansman and Denny using delegated authority:

299 NME: approve original dark brown cedar shake siding with similar-looking vinyl siding in “sable brown” color.

5 Watchwater Court: reroof with architectural-grade shingles in gray, similar to the existing color and that of the neighboring house at 6 Watchwater Ct.

294 NME: replace front and back gutters and downspouts that were damaged in storm and repaint soffits as necessary in existing color.

New Mark Commons Board Agenda 4/6/2017 Page 20 of 159

NMC Communications Committee Report to the NMC Board March 2, 2017

Please review the full contents of the minutes of the 2/9/2017 committee meeting and the survey results, attached.

These items are particular importance:

Annual Meeting Logistics (for Board discussion): The committee has the following suggestions for improving opportunities for resident communication at the 2017 Annual Meeting: • Provide new speakers and two microphones: one for people who want to ask questions and will wait in a designated “on deck” area, and the other for the Board/guest speaker • Consider using slides (such as PowerPoint) to support verbal presentations, using the new monitor/projection capability • We will prepare signup sheets for committees and activities

Communication Preferences Survey results: Preferences lean toward monthly email delivery plus quarterly printed delivery of newsletters. • Report of the 162 responses received by the 2/15/2017 cutoff date is attached. • The committee will review the final survey results, consider and discuss the feedback they provide, and develop recommendations to the Board later in the spring. • We will also use the feedback to develop targeted informational/educational newsletter articles about how to use existing NMC tools.

Website: - As of 2/1/2017, 69 residents have requested/received website Resident Area logon access - We have added a 50th Anniversary banner to the website and restructured the Committee Minutes and Agendas page, as well as maintained/updated the Resident Area content as additional minutes and newsletters become available - We have prepared and posted additional Community News and calendar items as needed/requested - We are prepared to train Jim and Kirsten whenever they are available

Newsletter: - February Newsletters: The February electronic newsletter went out to 472 email addresses on 2/18 - As decided previously, instead of a printed February paper newsletter, staff is producing a printed Annual Meeting notice for door-to-door distribution before the 10- day advance notice requirement for the 3/13 Annual Meeting. - Future Paper Newsletters: See plan to simplify the production of future paper newsletters by NMC staff and Communications Co. volunteers.

1 New Mark Commons Board Agenda 4/6/2017 Page 21 of 159

Broadcast Emails • Reflected in the Mailchimp metrics below • We are prepared to train Jim and Kirsten whenever they are available

Databases: • Judy updated the Mailchimp database with the January Information Update forms; Kirsten has assisted in troubleshooting the few (5) problems that arose from incorrect data. - Non-Resident requests for Newsletter Subscriptions/Mailchimp: We will need coordination of data/lists from staff to implement the guidelines approved by the Board in January. [(1) Non-resident pool members should be put into a subgroup for delivery of newsletters from April to August; (2) adult children of residents who ask to be kept informed if their elderly parents live here; (3) landlords, who under their lease should be obligated to keep their renters informed. Jim Denny to an updated list of non- resident owners and ensure that owners are aware of this requirement.]

The next meeting is Thursday evening, 3/9/2017 at 7:30 PM.

Recent Mailchimp activity:

2 NMC Communication Preferences January 2017 SurveyMonkey New Mark Commons Board Agenda 4/6/2017 Page 22 of 159

Q1 1. Currently, which of the following do you use to get news and updates about New Mark Commons and its activities?

Answered: 162 Skipped: 2

Email newsletter

Print newsletter

NMC website home page

NMC website Resident Are...

Nextdoor New Mark Commons

Broadcast emails

None

Other (please specify)

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Answer Choices Responses

Email newsletter 67.90% 110

Print newsletter 74.07% 120

NMC website home page 12.96% 21

NMC website Resident Area pages 9.88% 16

Nextdoor New Mark Commons 50.62% 82

Broadcast emails 27.78% 45

None 0.62% 1

Other (please specify) 2.47% 4

Total Respondents: 162

# Other (please specify) Date

1 website new- need to get used to going there 2/12/2017 5:21 PM

2 Neighbors 2/1/2017 11:47 AM

3 Attend meetings!!! 1/29/2017 4:07 PM

1 / 8 NMC Communication Preferences January 2017 SurveyMonkey New Mark Commons Board Agenda 4/6/2017 Page 23 of 159

4 Accidental conversation (gossip)--[what are the green dots on the curbs?] 1/12/2017 3:56 PM

2 / 8 NMC Communication Preferences January 2017 SurveyMonkey New Mark Commons Board Agenda 4/6/2017 Page 24 of 159

Q2 2. If New Mark Commons offered all of the following, which would you most likely use to get information about NMC or its acitvities?

Answered: 163 Skipped: 1

Email newsletter [...

Print newsletter [...

NMC website home page

NMC website Resident Are...

None

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Answer Choices Responses

Email newsletter [see item 2a] 74.23% 121

Print newsletter [see item 2b] 53.37% 87

NMC website home page 17.18% 28

NMC website Resident Area page 11.04% 18

None 0.61% 1

Total Respondents: 163

# Other (please specify) Date

1 Time-sensitive news or updates 2/10/2017 9:41 PM

2 When ever you need to update on changes, rules, etc. 2/4/2017 6:54 PM

3 As required 2/1/2017 2:58 PM

4 No preference 2/1/2017 11:42 AM

5 Print is not as good environmentally but to be realistic, more people will read it. 1/29/2017 5:15 PM

6 Either monthly email OR monthly print newsletter 1/29/2017 11:33 AM

7 Re: homepage: "it's nice, but have to be logged in to be there." 1/12/2017 4:02 PM

8 The way we always received info. I pay my dues and I shouldn't be forced to pay extra for the community Board of 1/12/2017 3:56 PM Directors' minutes, planned activities, and all news that involves my membership in New Mark Commons

9 NMC Home page only if I receive notifications when new content is posted. I want to be notified when something has 1/9/2017 2:28 PM changed, not go hunt for it.

3 / 8 NMC Communication Preferences January 2017 SurveyMonkey New Mark Commons Board Agenda 4/6/2017 Page 25 of 159

Q3 2a. If applicable, how often would you like to receive an email newsletter?

Answered: 112 Skipped: 52

Monthly

Quarterly

Not applicable

Other (please specify)

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Answer Choices Responses

Monthly 77.68% 87

Quarterly 21.43% 24

Not applicable 0.00% 0

Other (please specify) 0.89% 1

Total 112

# Other (please specify) Date

1 As needed 1/12/2017 3:47 PM

4 / 8 NMC Communication Preferences January 2017 SurveyMonkey New Mark Commons Board Agenda 4/6/2017 Page 26 of 159

Q4 2b. If applicable, how often would you like to receive a print newsletter?

Answered: 76 Skipped: 88

Monthly

Quarterly

Not applicable

Other (please specify)

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Answer Choices Responses

Monthly 44.74% 34

Quarterly 43.42% 33

Not applicable 5.26% 4

Other (please specify) 6.58% 5

Total 76

# Other (please specify) Date

1 for time sensitive or need to know information 2/12/2017 5:21 PM

2 Either monthly or quarterly 2/1/2017 12:19 PM

3 2/year 1/29/2017 11:31 AM

4 As needed 1/12/2017 3:47 PM

5 If I have access to info online I do not need a paper copy. I know some people still want a paper copy. May be we can 1/11/2017 5:08 PM opt in or out of the papercopy like you can at your bank.

5 / 8 NMC Communication Preferences January 2017 SurveyMonkey New Mark Commons Board Agenda 4/6/2017 Page 27 of 159

Q5 3. What types of information would you like more of via online resources?

Answered: 38 Skipped: 126

# Responses Date

1 community/resident resources - local expertise 2/12/2017 5:21 PM

2 I prefer everything to be online, even including invoices for dues and ability to pay them 2/10/2017 10:16 PM

3 More info about senior resources 2/10/2017 9:55 PM

4 I enjoy learning about board and committee meeting--well in advance. Thank you! 2/10/2017 9:47 PM

5 Just news about the community 2/10/2017 9:44 PM

6 Recommendation on home repair vendors 2/10/2017 9:40 PM

7 CURRENT information-The rocket.org/Community/calendar.php is only current through July 2016? Is there some 2/10/2017 9:29 PM other website I'm supposed to know about? Also, the News section was last updated March 2014.

8 Landscape schedule 2/10/2017 9:26 PM

9 About NMC, City of Rockville 2/10/2017 9:23 PM

10 All NMCHA Board minutes, committee reports and newsletters from 1967 to latest Board minutes. All (1967-current) 2/4/2017 6:58 PM Audits, account statements, budgets, balance sheets, expenditures.

11 You are doing a great job keeping everyone informed ;-) 2/4/2017 6:53 PM

12 Safety concerns, environmental impact to NMC, neighboring development, efforts to beautify NMC 2/4/2017 6:51 PM

13 None--prefer hard copy 2/4/2017 6:48 PM

14 None 2/4/2017 6:42 PM

15 Broadcast emails 2/1/2017 7:13 PM

16 Board updates (including agenda & reports post-meeting) 2/1/2017 2:58 PM

17 Community news 2/1/2017 12:25 PM

18 Event affecting the whole community--not for buying/selling stuff from residents 2/1/2017 12:18 PM

19 Service recommendations 2/1/2017 12:15 PM

20 Most online info seems to be redundant! Currently too many messages! 2/1/2017 11:59 AM

21 Alerts as when lights are out or tress down along walkways 2/1/2017 11:45 AM

22 Information about committee activities 2/1/2017 11:39 AM

23 NMC Resident Area website 1/31/2017 10:23 AM

24 Progress on nuisance [sic] issues. Parking of cars in front of residences and never driven. Dumping of refuse in lake. 1/29/2017 5:13 PM Neighbors not picking up of spillage after trash & recycling pickups.

25 Sales of homes in NMC 1/29/2017 4:18 PM

26 Leaf pick up; trash schedule changes; inclement weather; consider clubhouse in emergencies 1/29/2017 4:09 PM

27 None 1/29/2017 4:07 PM

28 Time sensitive information 1/29/2017 11:37 AM

29 I would like a more detailed itemization of out litigation expenses, with an summary description of each legal action. 1/14/2017 1:55 PM

30 Stuff for sale and ability to post stuff for sale. Reg notices when any crimes, even petty, occur in NMC 1/12/2017 4:02 PM

31 Current content is great. Info on NMC homes for sale. Helping NMC residents make HOA payments online 1/12/2017 3:45 PM

32 Alerts: Burlaries, neighborhood problems-H2O main breaks and resolutions 1/12/2017 3:43 PM

33 Crime reports, unusual wildlife sightings 1/12/2017 3:39 PM

6 / 8 NMC Communication Preferences January 2017 SurveyMonkey New Mark Commons Board Agenda 4/6/2017 Page 28 of 159

34 Current ____ info adequate 1/12/2017 3:38 PM

35 Covenants, By-Laws, City of Rockville Regulations, CCOC, lake, alternate road surfacing 1/12/2017 3:36 PM

36 Community news-crime, ACC info, etc. 1/12/2017 3:32 PM

37 All info should be available on the resident area of the website 1/11/2017 5:08 PM

38 Ability to pay dues, buy pool passes, easier access to surveys (took 4 clicks to get to this one - could have easily been 1/9/2017 2:28 PM 1)

7 / 8 NMC Communication Preferences January 2017 SurveyMonkey New Mark Commons Board Agenda 4/6/2017 Page 29 of 159

Q6 4. If there were a charge for hard copy/home delivered newsletters, would you still want them?

Answered: 154 Skipped: 10

Yes

No

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Answer Choices Responses

Yes 22.08% 34

No 77.92% 120

Total 154

8 / 8 New Mark Commons Board Agenda 4/6/2017 Page 30 of 159

NMC Communications Committee Meeting February 9, 2017, 7:30 PM 830 New Mark Esplanade Minutes

Present: Judy Rudolph, John Daroff, Bill Holdsworth, Pat Reber

January billing enclosures: Status updates • Jim has provided Judy with the Information Update sheets as they have arrived; Judy hopes to have the Mailchimp database updated prior to sending the 2/18 newsletter • Judy will close the survey on 2/15 (website notice reflects this), and share final raw data with the committee and the Board. At our March meeting we will discuss next steps for use of the data.

Website • Bill, Pat and Judy making good progress on learning our way around updating the website. It was agreed that the Communications Committee will retain major control over newsletter content, and will be responsible for bringing the new Assistant Administrator on board with the website. The new staffer, however, will be responsible for rounding up the things needed from Jim and the board. • Near-term fixes were discussed, many of them involving Josh Grabenstein, the website consultant. He is awaiting news on a monthly contract. Given budgetary restraints, the monthly contract is unlikely to happen, but Board liaison John Daroff agreed to contact Josh for a cost estimate. • The committee decided that the new website will be hosted at Network Solutions, which is a bit more expensive but which offers good help support. • John will be contacting Josh on the following/Pat will draft an email to John for the task list: o We need a quote on migration; a quote on adding a payment system; a quote on moving files from nmc@gmail, which was created for the first newsletter, into the Google drive and propagate out to the website (via Google Business) o We need Josh to consolidate onto NS, the website, Google Business and emails. o We need Josh to take down the old website and conduct search engine optimization to drive traffic to the new website. o Also, we need to post a redirect notice on the legacy Rocknet website directing traffic to the new website; Bill will look into this. • We are still investigating implementing Google Analytics to track website click rates. Bill’s initial investigation was unsuccessful. John Daroff will follow up. • Re: defining guidelines for “sunsetting” Community News items on the website, it was agreed that newer items would bump down older items, with a view to archiving older items eventually on the website. • It was agreed that twice-weekly email blasts were the maximum we should send, so as not to overload residents.

1 New Mark Commons Board Agenda 4/6/2017 Page 31 of 159

February Newsletter: • Judy reported that the click rate appears better when the newsletter is sent from the Gmail account, although the presence of a number of interesting articles could have also explained the higher click rate. The issue of billing for advertisements was put on hold, given that Jim Denny has a lot on his plate right now. • The paper Annual Meeting Notice, in lieu of a newsletter, ahead of the March 13 annual meeting will be put together by Jim, but Judy asked that John check with Jim on the format he plans to use and offer the editing expertise of the committee. • It was not clear if Barbara Quinn will be involved or if the new Assistant Administrator Kirsten will produce future paper newsletters (using a Word template. • The committee discussed the opposition to the electronic newsletter expressed by several residents in the survey and elsewhere; they insist they want a monthly newsletter printed on paper and delivered to every house. We brainstormed the following reply that John Daroff might use in his committee report at the next Board meeting and at the Annual Meeting in March: 1. The community now receives a newsletter every month, via email, with running reports of Board and committee activity. Compare that to the last 15 years, when residents received four paper newsletters a year, at the most. 2. The four paper newsletters are distributed at crucial times: before budget considerations; before the annual meeting; before the opening of the swimming pool; and before the closing of the swimming pool. Publication and delivery of a paper newsletter is expensive – printing and delivery. 3. When there were recent complaints about the lack of monthly paper newsletters and the lack of coverage about upcoming Board elections, the Communications Committee was able to demonstrate that it had started election coverage already in the November paper newsletter, and had provided articles in each subsequent emailed newsletter. There were added complaints about the lack of information about whose Board term was expiring when. In answer, the Committee showed that it lists each Board member and their length of term in every masthead of the newsletter, whether paper or electronic. 4. The electronic newsletter allows us to keep track of the "click" rate, i.e., readership, and provide an enduring image. Compare that to the way in which paper newsletters are often mislaid or thrown out. 5. We could give consideration to displaying a printed version of the newsletter in a glass box outside the clubhouse. The problem is that the electronic version does not print out in an efficient, readable manner.

Google Business Implementation John is trying to keep track of individual committee membership so that their emails are included in the collective address.

2 New Mark Commons Board Agenda 4/6/2017 Page 32 of 159

Databases We tabled this item (Synching A t0 Z with Mailchimp, and adding non resident owners/landlords and requesting tenant data until Jim Denny is available to discuss it with us.

Committee Expansion • We are hopeful that Jason Haynes and Melanie Huston and other potential new members will be able to join the committee with their expertise. • Judy is designing signup sheets to be available at the Annual Meeting for all NMC activities. • March 13 Annual Meeting • Pat will write a draft for John D. to present at the annual meeting about the progress/accomplishments of the Communications Committee. • It was agreed that it is within the Communications Committee portfolio to ensure effective communication during the Annual Meeting. Therefore, the Committee should identified logistics for the meeting that John D. will recommend to the Board and Jim: o Providing two microphones: one for people who want to ask questions and will waiting in a designated “on deck” area, and the other for the Board, to avoid the chaos of past meetings. o Possible slide show using the new monitor in the clubhouse. o Past presidents should count the vote

Mailchimp Upgrade • Judy reported that the upgrade to the paid account should not be necessary. MailChimp’s Forever Free Plan gives us plenty of latitude in sending out emails; It allows us to keep 2,000 subscribers send up to 12,000 mails per month, and 2,000 mails in any 24 hour period. • NMC has used 8,322 mails delivered over 360 days, with 50.2 per cent opened and 467 mails clicked.

The next meeting is Thursday, March 9, at 7:30 PM.

3 New Mark Commons Board Agenda 4/6/2017 Page 33 of 159

To: New Mark Board

From: John Hansman

Re: Revised Budget and Dues for 2017

Date: March 2, 2017

Jim will present tonight a budget very similar to the one endorsed by the Board last fall as the needed level of expenditures. While waiting for the CCOC decision, the Board approved an interim budget which tried to fit within the dues level of 2016. Jim has reviewed the expenditures with somewhat better information, and made some revisions.

The biggest issue for the 2017 required budget is the carryover of a deficit from 2016 of $88,226. The main elements of the deficit are: Legal Fees $29,600, stormwater fee reimbursement to townhouses $43,362, and tree care $10,600. Our auditor determined that the stormwater fee reimbursement was an accrued expense for 2016. Another issue for dues is that the stormwater and CCOC fees used to be collected in addition to the dues. They are now expense lines that must be covered by dues.

The challenge is to fund in 2017 $514,277 of estimated expenses, including the 2016 deficit. Jim’s budget proposes to draw on two emergency sources. One is to plan on drawing down $24,000 of the $49,000 in unencumbered cash in the Operating Fund. This draw would leave $25,000 as a cushion for unexpected expenses. The second is to borrow $82,000 from the Replacement Reserve Fund. The Replacement Reserve Fund would be reimbursed over the three years 2018-2020. This reimbursement will require dues revenue in those future years. Our auditor supports use of this loan as a practical way to even out over four years what would otherwise require a big jump in dues for 2017, followed by a big drop.

With the use of these two sources, we would still need an increase in 2017 Operating Fund dues of nearly $40,000. The $39,793 represents an increase over the interim budget of 12.3 percent or $95 per house on average. Of course, this increase far exceeds the 0.8 percent increase in the CPI.

Article VI, Section 5 of the Covenants provides three ways that dues may be increased by a percentage greater than the CPI increase for the year. Section 5,a states that the Board may increase the dues by more than the CPI so long as property values have increased more than the dues. This criterion has been met, as demonstrated by an analysis last June. Section 5,b is similar, but the criterion is the cumulative increase in the CPI compared to the increase in dues. Section 5,c provides for increases in dues approved by 2/3 of the membership, 256 votes in favor. We need to discuss how to proceed.

We need to consider the Replacement Reserve Fund. At the end of 2016, this Fund had an unencumbered balance of more than $500,000. We are planning on repaving the townhouse parking lots [$250,000], building a ramp and bathroom on the second floor of the clubhouse [$100,000], developing a cost estimate for the lake dredging, and continuing the usual array of retaining walls and drainage improvements in town house areas [$50,000]. And we propose to borrow $82,000 for the Operating Fund which would be repaid over the next three years. The current level of Replacement Reserve Fund dues adds $75,000 per year. All of these spending proposals can be accommodated with the money on hand for 2017. New Mark Commons Board Agenda 4/6/2017 Page 34 of 159

However, dredging the lake cost $300,000 in 2005. Very probably, the cost has risen. We will not accumulate the cost of dredging without an increase in Replacement Reserve Fund dues. The sooner we start an increase in dues, the sooner we could finance the dredging. Jim’s budget proposes an increase of 20 percent, as discussed last fall. We could choose to go more slowly.

New Mark Commons Board Agenda 4/6/2017 Page 35 of 159

Notes for 2017 budget revised March 2, 2017 2017 budget with 12.3% operating fund increase 2017 budget with 20% reserve fund increase

Income

1. $20,309 increase over 2017 interim budget.

2. $19,484 increase over 2016 interim budget.

3. 38 non-resident memberships increase from $575 to $625 each.

4. City of Rockville Storm Water Management (SWM) fee billed on 1-1-2017 dues invoice. It will be credited on second 2017 dues invoice.

5. Montgomery County Common Ownership Community (CCOC) fee billed on 1-1-2017 dues invoice. It will be credited on second 2017 dues invoice.

6. New transfer fee of $100 to update community records after sale of home. It will be collected from purchaser at time of settlement.

7. 2017 – Estimated 17 HOA resale packages @ $75 each. Also, includes receipts from 4th of July, Adult Pool party and International Dinner.

8. $6,119 increase over 2017 interim budget.

9. $8,568 increase over 2017 interim budget.

Expenses

1. Salary at Board discretion.

2. Contractor salary for the 10 months remaining in 2017.

3. 2017 amount reflects an 5% increase over the City’s fiscal year 2017 rate. Storm Water Management (SWM) fee. New Mark Commons has 23 parcels of common area that are assessed a SWM fee.

4. Four printed newsletters, plus delivery and misc. printing.

5. Includes an additional $1,500 per event for the International Dinner and NMC 50th anniversary celebration.

6. Proposal from American Pool. Reflects a change to post-season hours to 11 AM to 9 PM. Montgomery County schools starting after Labor Day.

7. Swim team coaches' salary of $6,000 and payroll taxes of $1,200.

8. Anticipate 6% software license fee increase mid-year 2017. New Mark Commons Board Agenda 4/6/2017 Page 36 of 159

9. Anticipate new filters for main pool and new lap lane dividers.

10. Annual lake maintenance contract. Estimate a 3% contract price increase mid-year 2017.

11. Stolburg Landscaping – we are in the second year of a three-year contract.

12. Plan to borrow $82,000 from Replacement Reserve Fund to be repaid over three years,

2018 to 2020.

New Mark Commons Board Agenda 4/6/2017 Page 37 of 159

NEW MARK COMMONS HOMES ASSOCIATION, INC. P.O. BOX 4206 ROCKVILLE, MD 20849-4206 301-340-0288

2016 BUDGET - OPERATING INCOME 2017 BUDGET - OPERATING INCOME 3-2-2017 Board meeting 2017 2017 2016 2016 Interim Revised Budget Actual Budget Budget Notes

DETACHED HOMES DUES 164,596 164,500 165,678 185,987 1 TOWNHOUSE DUES 157,529 157,571 158,589 178,073 2 SUBTOTAL - DUES 322,125 322,071 324,267 364,060

NON-RESIDENT DUES 20,700 22,203 23,750 23,750 3 LATE FEES 900 896 900 900 INTEREST FROM PAST DUE ACCOUNTS - 218 - 186 STORM WATER MGMT. FEE 15,905 15,431 16,761 7,995 4 MONTGOMERY CTY. - CCOC FEE 1,152 1,154 1,920 960 5 CLUBHOUSE RENTALS 3,300 3,050 3,300 3,300 GARAGE RENTAL 845 845 845 984 POOL GUESTS 2,000 2,316 2,000 2,316 NEWSLETTER INCOME 385 230 385 385 TRANSFER FEE - 1,900 1,900 6 OTHER 1,500 4,254 1,500 2,875 7 SUBTOTAL - INCOME OTHER THAN DUES 46,687 50,597 53,261 45,551

TOTAL OPERATING INCOME 368,812 372,668 377,528 409,611

2016 BUDGET - RESERVE FUND 2017 BUDGET - RESERVE FUND

DETACHED HOMES-RESERVE CONTRIBUTION 33,354 33,443 30,876 36,995 8 TOWNHOUSE-RESERVE CONTRIBUTION 42,674 42,670 43,043 51,611 9 TOTAL RESERVE FUND 76,028 76,113 73,919 88,606

TOTAL DUES AND OTHER INCOME 444,840 448,781 451,447 498,217 New Mark Commons Board Agenda 4/6/2017 Page 38 of 159

2016 BUDGET - EXPENDITURES 2017 BUDGET - EXPENDITURES 3-2-2017 Board meeting

2017 2017 2016 2016 Interim Revised ADMINISTRATIVE Budget Actual Budget Budget Notes ADMINISTRATOR-TOTAL COMPENS. 45,855 45,855 45,855 52,000 1 CONTRACTOR-ADMIN SUPPORT - - 5,000 11,000 2 PAYROLL TAX - SS/MEDICARE 3,439 3,611 3,439 4,056 TAXES - CORP/UNEMPL/PROP 835 972 835 1,074 STORM WATER MGMT. (SWM) FEE 16,609 15,962 16,761 16,761 3 SWM FEE REIMBURSEMENT 2011-17 - 43,362 - 7,995 MONTGOMERY CTY. - CCOC FEE 1,152 1,920 1,920 1,920 CCOC FEE REIMBURSEMENT 2017 - - - 960 INSURANCE 35,065 33,209 35,065 35,065 UTILITIES/PHONE & ELEC 5,000 5,024 5,000 5,000 ADMIN EXPENSES 3,200 3,919 3,200 3,200 NEWSLETTER-PRINTING/DELIVERY 3,060 2,709 3,060 3,060 4 PROF. SVCS / LEGAL 18,000 47,628 18,000 27,000 PROF. SVCS / ACCOUNTING 7,000 6,975 7,000 7,000 ENTERTAINMENT 5,000 7,350 5,000 10,000 5 WRITE OFF FOR BAD DEBT - - - - WEB SITE/PC SUPPORT 1,000 4,159 1,000 5,000 SUBTOTAL 145,215 222,655 151,135 191,091

CLUBHOUSE & TENNIS UTILITIES - PHONE/GAS/ELEC 12,000 9,802 12,000 11,000 CH EXPENSES - PEST/ALARM 3,000 5,622 3,000 5,000 CH SUPPLIES 600 588 600 650 TENNIS 150 - 150 500 SUBTOTAL 15,750 16,012 15,750 17,150

POOL POOL MANAGEMENT 52,400 52,980 55,700 58,300 6 SWIM TEAM 7,200 6,836 7,200 7,200 7 FEES/LICENSES 1,200 1,288 1,200 1,300 8 POOL PASS SYSTEM 1,500 1,561 1,500 1,402 WATER 3,771 4,690 4,690 4,000 POOL SUPPLIES 1,000 2,142 1,000 1,500 POOL REPAIRS 5,000 3,969 5,000 4,000 9 SUBTOTAL 72,071 73,466 76,290 77,702

LAKE LAKE - ELECTRICITY 3,325 3,516 3,325 3,500 LAKE - MAINTENANCE CONTRACT 5,437 5,747 5,437 5,610 10 LAKE - MISC. EXPENSES 600 - 600 550 SUBTOTAL 9,362 9,263 9,362 9,660 New Mark Commons Board Agenda 4/6/2017 Page 39 of 159

2017 2017 2016 2016 Interim Revised Budget Actual Budget Budget Notes MAINTENANCE LAWN CONTRACT 46,271 46,271 46,736 46,734 11 CONTRACTED MAINTENANCE 5,495 4,990 5,495 5,514 MAINTENANCE EXPENSES 1,500 1,106 1,500 1,000 SNOW REMOVAL 24,890 27,378 24,900 25,000 TREE REMOVAL & REPLACE 23,350 33,929 23,360 29,200 LIGHTING MAINTENANCE 6,500 7,139 6,500 6,500 LANDSCAPE MAINTENANCE 8,250 9,130 8,250 8,250 LANDSCAPE PROJECTS 8,250 9,555 8,250 8,250 SUBTOTAL 124,506 139,498 124,991 130,448 GRAND TOTAL 366,904 460,894 377,528 426,051

SUMMARY OF EXPENSE VS. FUNDING

EXPENSES 366,904 460,894 377,528 426,051 TO COVER 2016 DEFICIT - - - 88,226 366,904 460,894 377,528 514,277

FUNDING 2017 INTRIM INCOME FROM DUES 322,125 322,071 324,267 324,267 INCREASE IN DUES ABOVE INTERIM. 39,793 INCOME - OTHER THAN DUES 46,687 50,597 53,261 45,551 OPERATING INCOME-CONTIGENCY FUND - - - 24,000 LOAN FROM RESERVE FUND - - - 82,000 12 TOTAL FUNDING 368,812 372,668 377,528 515,611

SURPLUS (DEFICIT) 1,908 (88,226) - 1,334 New Mark Commons Board Agenda 4/6/2017 Page 40 of 159

New Mark Commons Bank Balances as of 2-28-2017

Operating Account

Bank of America 199,566

Reserve Accounts

Revere Bank Money Market 244,541 as of 1-31-2017

Congressional Bank Money Market 269,271 as of 1-31-2017

Subtotal - reserve accounts 513,812

TOTAL CASH 713,378 New Mark Commons Board Agenda 4/6/2017 Page 41 of 159

New Mark Commons Reserve Fund 2/28/2017

Opening Balance as of 1/1/2017 513,812

Additions

2017 Proposed reserve fund contribution. 88,606

Interest earned on reserves. 273 as of 1-31-17

Total reserve funds available 602,691

Subtractions Loan to Operating Fund (82,000)

Reserve project expenditures thru 2/28/2017 -

Sub total 520,691

Expected reserve project expenditures thru 12/31/2017. (See Exhibit A) (406,540)

Projected reserve fund balance on 12/31/2017 114,151 New Mark Commons Board Agenda 4/6/2017 Page 42 of 159

New Mark Commons Reserve Fund 2/28/2017

Exhibit A

Reserve project expenditures 2/28/2017 No reserve project started s of 2/28/2017

Sub total - -

Expected reserve fund expenditures 3/1/2017 to 12/31/2017

Concrete and asphalt repair in townhome parking lots. 256,540 Clubhouse ADA ramp and upstair ADA bathroom. 100,000 Retaining walls and drainage improvements. 50,000

Sub total 406,540

Total 2017 Reserve Expenditures 406,540 New Mark Commons Board Agenda 4/6/2017 Page 43 of 159

Operating Dues 2017 2017 $ Incr % Incr Interim Required a1 2br TH 763.00 856.85 93.85 12.3% a2 3br TH 807.88 907.25 99.37 12.3% a3 3br Tegner TH 852.76 957.65 104.89 12.3% a3 3br Detached 852.76 957.65 104.89 12.3% a4 4br Det 897.65 1,008.06 110.41 12.3% a5 5br Det 942.53 1,058.46 115.93 12.3%

Reserve Fund Dues 2017 2017 $ Incr % Incr Interim Required a1 2br TH 221 265.2 44.20 20.0% a2 3br TH 221 265.2 44.20 20.0% a3 3br Tegner TH 165.75 198.9 33.15 20.0% a3 3br Detached 165.75 198.9 33.15 20.0% a4 4br Det 165.75 198.9 33.15 20.0% a5 5br Det 165.75 198.9 33.15 20.0%

Total Dues 2017 2017 $ Incr % Incr Interim Required a1 2br TH 984.00 1122.05 138.05 14.0% a2 3br TH 1,028.88 1172.45 143.57 14.0% a3 3br Tegner TH 1,018.51 1156.55 138.04 13.6% a3 3br Detached 1,018.51 1156.55 138.04 13.6% a4 4br Det 1,063.40 1206.96 143.56 13.5% a5 5br Det 1,108.28 1257.36 149.08 13.5% New Mark Commons Board Agenda 4/6/2017 Page 44 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC.

Financial Statements and Supplementary Information with Independent Auditors' Report

For the Year Ended December 31, 2016 with Summarized Totals For the Year Ended December 31, 2015

New Mark Commons Board Agenda 4/6/2017 Page 45 of 159

INDEPENDENT AUDITORS’ REPORT

Board of Directors The New Mark Commons Homes Association, Inc. Rockville, MD

Report on the Financial Statements

We have audited the accompanying financial statements of The New Mark Commons Homes Association, Inc., which comprise the balance sheet as of December 31, 2016 and the related statements of revenues, expenses and changes in fund balances, and cash flows for the year then ended, and the related notes to the financial statements.

Management’s Responsibility for the Financial Statements

Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

Auditors’ Responsibility

Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

New Mark Commons Board Agenda 4/6/2017 Page 46 of 159

The New Mark Commons Homes Association, Inc. Independent Auditors’ Report (Continued)

Opinion

In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of The New Mark Commons Homes Association, Inc. as of December 31, 2016, and the results of its operations and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America.

Report on Summarized Comparative Information

We have previously audited The New Mark Commons Homes Association, Inc.’s 2015 financial statements, and we expressed an unmodified opinion on those financial statements in our report dated May 4, 2016. In our opinion, the summarized comparative information presented herein as of and for the year ended December 31, 2015, is consistent, in all material respects, with the audited financial statements from which it has been derived.

Disclaimer of Opinion on Required Supplementary Information

Accounting principles generally accepted in the United States of America require that the supplementary information on future major repairs and replacements on pages 13 – 14 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Financial Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

DeLeon & Stang, CPAs Gaithersburg, Maryland Date ______

New Mark Commons Board Agenda 4/6/2017 Page 47 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Balance Sheet December 31, 2016 with Summarized Totals as of Decmber 31, 2015

Replacement Operating Reserve Total Fund Fund 2016 2015

ASSETS

Cash and cash equivalents 49,769$ 513,640$ 563,409$ 467,958$ Investments - - - 93,855 Assessments receivable (net of allowance for doubtful accounts of $3,980 in 2016) 6,387 - 6,387 9,798 Prepaid expenses 10,348 - 10,348 10,623 Due from replacement reserve 459 - 459 459 Property and equipment: Land 250,000 - 250,000 250,000 Building and improvements 332,945 - 332,945 334,817 Furniture and equipment 117,370 - 117,370 146,934 Lake and property 714,447 - 714,447 843,463 1,414,762 1,414,762 - 1,414,762 1,575,214 Accumulated depreciation (1,013,220) - (1,013,220) (1,144,748) Total property and equipment 401,542 - 401,542 430,466

TOTAL ASSETS $ 468,505 $ 513,640 $ 982,145 $ 1,013,159

LIABILITIES AND FUND BALANCE

Liabilities: Accounts payable 24,619$ 125$ $ 24,744 5,048$ CCOC ordered reimbursement 43,362 - 43,362 - Prepaid assessments 1,828 - 1,828 3,385 Due to operating - 459 459 459

Total Liabilities 69,809 584 70,393 8,892

Fund Balances: Operating fund 398,696 - 398,696 518,778 Repalcement reerve fund - 513,056 513,056 485,489

Total Fund Balances 398,696 513,056 911,752 1,004,267

TOTAL LIABILITIES AND FUND BALANCES $ 468,505 $ 513,640 $ 982,145 $ 1,013,159

See Accompanying Notes to the Financial Statements Page 2 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 48 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Statement of Revenues, Expenses and Changes in Fund Balances For the Year Ended December 31, 2016 with Summarized Totals for the Year Ended December 31, 2015

Replacement Operating Reserve Total Fund Fund 2016 2015

Revenues: Single family dues 164,500$ $ 33,444 197,944$ 197,016$ Townhouse dues 157,571 42,670 200,241 199,208 Non-resident dues 22,203 - 22,203 20,700 Storm water management fees 15,431 - 15,431 14,663 Other income 4,254 - 4,254 2,015 Interest - 3,407 3,407 2,883 Clubhouse rental 3,050 - 3,050 3,250 Pool guest fees 2,316 - 2,316 1,988 Interest - past due accounts 1,267 - 1,267 435 Commission on Common Ownership Communities fees 1,154 - 1,154 1,152 Late payment fees 896 - 896 772 Garage rental 845 - 845 841 Newsletter income 230 - 230 335

Total Revenues 373,717 79,521 453,238 445,258

Expenses: Administrative: Legal 47,628 - 47,628 15,132 Wages - administrator 45,855 - 45,855 44,955 CCOC ordered reimbursement 43,362 - 43,362 - Insurance 33,209 - 33,209 33,399 Depreciation 28,924 - 28,924 30,045 Storm water management 15,962 - 15,962 15,200 Entertainment 7,350 - 7,350 4,773 Accounting 6,975 - 6,975 6,672 Electricity 4,894 - 4,894 4,633 Computer fee 4,159 - 4,159 775 Bad debts (recoveries) 3,980 - 3,980 (4,504) Administrative 3,919 - 3,919 3,262 Payroll taxes 3,611 - 3,611 3,558 Printing 2,709 - 2,709 1,904 CCOC fees 1,920 - 1,920 1,152 Personal property taxes 972 - 972 1,364 Telephone 130 - 130 120

Total Administrative Expense 255,559 - 255,559 162,440 (Continued)

See Accompanying Notes to the Financial Statements Page 3 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 49 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Statement of Revenues, Expenses and Changes in Fund Balances (Continued) For the Year Ended December 31, 2016 with Summatized Totlas for the Year Ended December 31, 2015

Replacement Operating Reserve Total Fund Fund 2016 2015 Clubhouse and Tennis: Electricity, including pool pumps 5,814$ $ - 5,814$ 7,092$ Clubhouse expenses 5,622 - 5,622 2,896 Telephone 2,497 - 2,497 1,786 Gas 1,491 - 1,491 1,771 Supplies 588 - 588 382

Total Clubhouse and Tennis Expense 16,012 - 16,012 13,927 Pool and Swim Team: Pool management 52,980 - 52,980 47,612 Swim team 6,836 - 6,836 7,220 Water 4,690 - 4,690 3,438 Pool repairs 3,969 - 3,969 4,708 Pool supplies 2,142 - 2,142 1,798 Pass system 1,561 - 1,561 2,123 Fees and permits 1,288 - 1,288 1,195

Total Pool and Swim Team Expense 73,466 - 73,466 68,094 Lake: Fish and chemicals 5,747 - 5,747 5,315 Electricity 3,516 - 3,516 3,373 Fountain repairs - - - 669

Total Lake Expense 9,263 - 9,263 9,357

Property Maintenance: Lawn service 46,271 - 46,271 45,813 Tree removal 33,930 - 33,930 23,566 Snow removal 27,378 - 27,378 35,357 Landscape projects 9,555 - 9,555 2,313 Landscape maintenance 9,130 - 9,130 8,261 Path and lights 7,139 - 7,139 5,739 Contracted maintenance 4,990 - 4,990 5,400 Maintenance supplies 1,106 - 1,106 1,390 Reserve projects - 51,954 51,954 24,595

Total Property and Maintenance Expense 139,499 51,954 191,453 152,434

Total Expenses 493,799 51,954 545,753 406,252

Excess (Deficiency) of Revenues Over Expenses (120,082) 27,567 (92,515) 39,006 Fund Balances, Beginning of Year 518,778 485,489 1,004,267 965,261

Fund Balances, End of Year 398,696$ $ 513,056 911,752$ 1,004,267$

See Accompanying Notes to the Financial Statements Page 4 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 50 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Statement of Cash Flows For the Year Ended December 31, 2016 with Summarized Totals for the Year Ended December 31, 2015

Replacement Operating Reserve Total Equity Fund 2016 2015

Cash Flows From Operating Activities: Excess (Deficiency) of Revenues Over Expenses $ (120,082) $ 27,567 (92,515)$ 39,006$ Adjustments to Reconcile Excess (Deficiency) of Revenues Over Expenses to Net Cash Provided by (Used in) Operating Activities Depreciation 28,924 - 28,924 30,045 Provision for bad debts (recoveries) 3,980 - 3,980 (4,504) (Increase) decrease in: Assessments receivable (569) - (569) 747 Prepaid expenses (559) 834 275 676 Increase (decrease) in: Accounts payable 19,571 125 19,696 (12,198) CCOC ordered reimbursement 43,362 - 43,362 - Prepaid assessments (1,557) - (1,557) 135

Net Cash Provided by (Used in) Operating Activities (26,930) 28,526 1,596 53,907

Cash Flows From Investing Activities: Net redemption (purchase) of investments - 93,855 93,855 (511) Net Cash Provided by (Used in) Investing Activities - 93,855 93,855 (511)

Net Increase (Decrease) in Cash and Cash Equivalents (26,930) 122,381 95,451 53,396

Cash and Cash Equivalents, Beginning of Year 76,699 391,259 467,958 414,562

Cash and Cash Equivalents, End of Year $ 49,769 $ 513,640 563,409$ 467,958$

See Accompanying Notes to the Financial Statements Page 5 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 51 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Notes to the Financial Statements December 31, 2016

NOTE 1 - NATURE OF ORGANIZATION

The New Mark Commons Homes Association, Inc. (Association) was incorporated under Maryland statutes in October 1967 as a non-stock entity. The general purpose of the Association is to maintain the buildings, recreational facilities and surrounding grounds for the homeowners of the New Mark Commons Community. The community consists of 384 residential units located in Rockville, Maryland.

NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

A summary of the significant accounting policies followed by the Association is set forth below:

Basis of Accounting

The Association maintains its records on the accrual basis.

Estimates

The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates.

Fund Accounting

The Association uses fund accounting, which requires that funds, such as operating funds and replacement reserve funds designated for future major repairs and replacements, be classified separately for accounting and reporting purposes. Disbursements from the operating fund are generally at the discretion of the Board of Directors and Property Manager. Disbursements from the replacement reserve may be made only for designated purposes.

Fair Value of Financial Instruments

The Association currently does not measure any of its assets or liabilities at fair value and is not required under U.S. generally accepted accounting principles to disclose the fair value of its financial instruments.

Page 6 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 52 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Notes to the Financial Statements (Continued) December 31, 2016

NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

Cash Equivalents

The Association considers all cash demand balances and all highly liquid instruments purchased with an original maturity of three months or less to be cash equivalents.

Investments

The Association’s investment consists of a certificate of deposit recorded at cost, which approximates fair value.

Assessments

Association members are subject to annual assessments to provide funds for the Association’s operating expenses, future capital acquisitions, and major repairs and replacements. Assessments receivable at the balance sheet dates represent assessments and late fees due from the home owners. The Association recognizes late fees in revenues when assessed against the respective homeowner. The Association’s policy is to retain legal counsel and place liens on the properties of homeowners whose assessments are ninety days or more delinquent. An allowance for bad debts has been established as the Association currently anticipates a loss on some receivables. Delinquent assessments may be written off if liens cannot be enforced though other collection activity may continue in an attempt to recover revenue.

The Association’s Board of Directors has the ability, with proper approval by the membership, to pass special assessments when and if the need arises.

Assessments over ninety days delinquent were $10,367 and $9,798, as of December 31, 2016 and 2015, respectively.

Four (4) unit owners make up 81% of assessments receivable as of December 31, 2016. Three (3) unit owners make up 87% if assessments receivable as of December 31, 2015.

Page 7 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 53 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Notes to the Financial Statements (Continued) December 31, 2016

NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

Depreciation

Property and equipment are stated at historical cost, less accumulated depreciation. Depreciation is computed over the estimated useful lives of the depreciable assets using accelerated and straight line methods. The estimated useful lives of the assets are as follows:

Building and improvement 7 – 39 years Furniture and equipment 5 – 15 years Lake and property improvements 5 – 15 years

The Board adopted a policy in 2008 under which it capitalizes individual purchases of personal property that exceeds a cost of $3,000 and has a life of 3 years or longer.

Commonly Owned Property

It is the Association’s policy not to record the originally donated value of land, buildings and donated assets in the financial statements since covenants restrict the Association’s ability to sell or dispose of these assets.

Interest Income

Interest income is allocated to the replacement reserve fund.

Comparative Financial Statements

The financial statements include certain prior year summarized comparative information in total, but not by fund balances. Such information does not include sufficient detail to constitute a presentation in conformity with accounting principles generally accepted in the Unites States of America. Accordingly, such information should be read in conjunction with the Association’s financial statements for the year ended December 31, 2015 from which the summarized information was derived.

Subsequent Events

The Association has evaluated the financial statements for subsequent events recording or disclosure through ______, 2017, the date the financial statements were available for issuance.

Reclassification

Certain accounts in the prior year financial statements have been reclassified to conform to the current year presentation.

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THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Notes to the Financial Statements (Continued) December 31, 2016

NOTE 3 - CASH AND INTEREST BEARING DEPOSITS

As of December 31, the Association maintained its funds in the following manner:

Cash Type Maturity Interest and Cash Institution Account Date Rate Equivalents Investments Total 2016 Bank of America Checking $ 49,225 -$ 49,225$ Undeposited Funds Cash 544 - 544 Monument Bank Money market 244,360 - 244,360 Congressional Bank Money market 269,280 - 269,280 Congressional Bank Certificate of deposit 3/13/2016 0.39% - - -

Totals $ 563,409 -$ 563,409$

2015 Bank of America Checking $ 76,155 -$ 76,155$ Undeposited Funds Cash 544 - 544 Monument Bank Money market 242,292 - 242,292 Congressional Bank Money market 148,967 - 148,967 Congressional Bank Certificate of deposit 3/13/2016 0.39% - 93,855 93,855 Totals $ 467,958 93,855$ 561,813$

NOTE 4 - PROPERTY AND EQUIPMENT

At December 31, property and equipment consists of the following:

2016 2015 Land 250,000$ 250,000$ Buildings 332,945 334,817 Furniture and equipment 117,370 146,934 Lake and property improvements 714,447 843,463 1,4 14 ,762$ 1,414,762$ 1,575,214$ Less: accumulated depreciation (1,013,220) (1,144,748)

4 01 ,542$ 401,542$ 430,466$

Depreciation expense was $28,924 and $30,045 for the years ended December 31, 2016 and 2015, respectively.

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THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Notes to the Financial Statements (Continued) December 31, 2016

NOTE 5 - FUTURE MAJOR REPAIRS AND REPLACEMENTS

The Association’s governing documents do not require that funds be accumulated for future major repairs and replacements; however, the Association has elected to set aside funds for replacement reserves. Accumulated funds are generally not available for expenditures for normal operations.

Reserve Advisors, Inc. conducted a study in 2008 (dated January 5, 2009) to estimate the remaining useful lives and the replacement cost of the components of common property. The estimates were based on 2008 estimated replacement costs. The table included in the Unaudited Supplementary Information on Future Major Repairs and Replacements is based on the study. The study recommended a reserve contribution of $106,800 for 2016.

The Association is funding for future major repairs and replacements over the remaining useful lives of the components based on the study’s estimates of the replacement costs and considering amounts previously accumulated in the replacement reserves. The funding amount of $76,114 from assessments and $3,407 of interest income have been included in the 2016 financial statements.

Actual expenditures and investment income may vary from the estimated future expenditures, and the variations may be material; therefore, amounts accumulated in the replacement reserves may or may not be adequate to meet all future needs for repairs and replacements. If additional funds are needed, the Board of Directors, on behalf of the Association, may increase regular assessments to defray in sole or in part the cost of unexpected repairs or replacements of a capital improvement in a common area.

As of December 31, 2016 and 2015, the operating fund was owed $459 from the replacement reserve fund.

NOTE 6 - OWNERS’ ASSESSMENTS

Annual assessments to owners ranged from $984 to $1,118 and $979 to $1,112 in 2016 and 2015, respectively. Of these amounts, approximately $176 to $220 was designated to the replacement reserves in both 2016 and 2015.

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THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Notes to the Financial Statements (Continued) December 31, 2016

NOTE 7 INCOME TAXES

The Association may be taxed either as a homeowners’ association or as a regular corporation. For the years ended December 31, 2016 and 2015, the Association was taxed as a homeowners’ association, in accordance with Internal Revenue Code Section 528. Under that Section, the Association is not taxed on uniform assessments to members and other income received from members solely as a function of their membership in the Association. The Association is taxed on its investment income and other non-exempt function income. There was no income tax expense for 2016 and 2015.

NOTE 8 - PASS THROUGH EXPENSES

The Association passes the fees from the Montgomery County Commission on Common Ownership Communities and Storm Water Management through to the community’s homeowners.

NOTE 9 - CCOC ORDERED REIMBURSEMENT

A unit owner filed a complaint with the Montgomery County Commission on Common Ownership Communities (CCOC) in 2016. The unit owner claimed that the Association had been unlawfully charging members of the Association a storm water management fee for over six (6) years and that owners of townhomes were charged approximately three (3) times as much as owners of single family homes.

On February 3, 2017, the CCOC ruled that by improperly imposing a pass thru of the storm water management fee to the townhome owners in an amount that exceeds the amount charged to the single family owners, the Association overcharged the townhome owners $219 from 2011 through 2016. The Association was ordered to reimburse the $219 to the owners of townhomes that owned townhomes from 2011 through 2016. For owners that owned townhomes for a portion of this period, the amount to be reimbursed will be equal to the difference between the amount charged to the owners of single family homes and the amount charged to the owners of the townhomes.

The total amount to be reimbursed to the 198 townhome owners is $43,362 and is reflected as a payable titled CCOC ordered reimbursement on the accompanying balance sheet.

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Supplementary Information

New Mark Commons Board Agenda 4/6/2017 Page 58 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Supplementary Information on Future Major Repairs and Replacements December 31, 2016 (Unaudited)

An independent engineer conducted a Precision 20/20 study in 2008 to estimate the remaining useful lives and the replacement costs of the components of common property. Replacement costs were based on the estimated costs to repair or replace the common property components at the date of the study. Estimated future replacement costs have not been revised since that date. The study assumed a 3.4% rate of inflation and a 3.4% rate of return on investments.

The following information is based on the reserve study and presents significant information about the components of common property at the time the study was completed.

2008 2008 Estimated Estimated Estimated Remaining 2008 Cost of Future 1st Year of Useful Replacement Costs of Replacement Life (Years) Per Phase Replacement Components: Bridge 2030 20 $ 8,700 $ 17,593 Dredging 2015 5 235,000 1,251,170 Lake, erosion control 2015 5 95,000 505,792 Lake, aeration system 2020 10 14,900 54,865 Asphalt pavement - crack repair, patch and seal coat 2015-2017 5-7 35,980 339,445 Asphalt pavement - mill and overlay 2011-2013 1-3 233,870 259,054 Asphalt pavement - total replacement 2031-2033 21-23 449,750 974,176 Asphalt pavement, basketball court 2025 15 10,175 17,399 Asphalt pavement, walking path 2011 1 33,165 182,867 Catch basins, replacements 2031 21 30,100 195,339 Catch basins, capital repairs 2011 1 6,300 20,908 Concrete flatwork, partial replacement 2009 1 15,500 830,786 Fences, metal chain link 2010 1 25,500 85,336 Fences, wood (near tot lot) 2010 1 3,025 9,043 Garage roof, flat 2014 4 6,720 23,486 Light fixtures, access drives and parking areas 2017 7 46,000 60,153 Light fixtures, walking paths 2012 2 33,250 113,656 Retaining walls, masonry 2030 20 12,300 24,872 Retaining wall, timber 2011 1 63,000 67,370 Landscape, erosion control 2010 1 20,000 196,528 Tennis and basketball courts, color coat 2010 1 17,776 144,277 Tennis and basketball courts, fence 2025 15 16,530 28,267 Tennis courts, surface replacement 2025 15 35,280 60,329 Tot lot 2024 14 42,000 69,452 (Continued)

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THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Supplementary Information on Future Repairs and Replacements (Continued) December 31, 2016 (Unaudited) 2008 2008 Estimated Estimated Estimated Remaining 2008 Cost of Future 1st Year of Useful Replacement Costs of Replacement Life (Years) Per Phase Replacement Components: Balcony, wood 2031 21 4,300 8,992 Kitchen renovations, including appliances 2017 7 9,425 30,755 Building services equipment, furnace and water heater 2009 1 10,600 29,983 Building services equipment, split systems 2026 16 22,400 39,611 Floors, wood refinishing 2016 6 6,400 35,236 Furniture 2016 6 6,200 19,564 Paint finished, interior 2016 6 9,200 50,653 Rest rooms and shower rooms, renovations 2013 3 19,000 68,710 Roof, asphalt shingles 2018 8 8,740 34,930 Walls. masonry, inspections and partial repairs 2011 1 8,700 40,506 Concrete deck 2010 1 16,470 85,100 Cover 2010 1 9,843 63,656 Diving board and life guard chairs 2011 1 12,700 36,805 Fence, metal, paint finishes and capital repairs 2014 4 6,210 47,497 Fence, metal replacement 2027 17 35,100 64,185 Furniture, capital repairs 2016 6 7,000 22,089 Furniture, replacement 2010 1 15,000 73,394 Mechanical equipment 2010 1 7,200 108,015 Plaster finish resurface and tile repairs 2015 5 43,250 172,224 Structures and deck, total replacement 2027 17 563,200 1,029,884 Sun shade 2027 17 6,600 12,069 Reserve study update with site visit 2011 1 4,200 4,200 $ 7,610,221

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NEW MARK COMMONS HOMES ASSOCIATION BOARD OF DIRECTORS MEETING THURSDAY, FEBRUARY 2, 2017

Attendees Board members: John Hansman, John Daroff, Ellen Stein, Alex Manolatos, Magnus Turesson, Dorie Mangan. NMC Administrator Jim Denny.

Board member absent: John Brown

Residents present: David Schwartzman, Lori Newman, Pat Reber, Judy Rudolph, Alex Belida, Richard Berman, Joe Jordan, Raj Gupta, Joe Rosen, Mira Frost.

Community Forum: David Schwartzman asked the question if anyone can take the CCOC New Board Member course without being a board member? John respond yes. It is an online course that takes a couple of hours to complete. Joe Jordan said there was not enough notice to the entire community about the coming annual meeting and Board of Directors elections. He believes we need more paper newsletter delivered to all residences. Raj Gupta said email is not enough communication. Judy Rudolph mentioned the November 2016 paper newsletter had election information. David Schwartzman asked if there is a board member who acts as liaison to each committee? Jim told him that Ellen Stein is the Board liaison to the Landscape Committee and serves as chairperson. John Hansman is the liaison to the ACC and serves as chairperson. Alex Manolatos is a member of the ACC. Magnus Turesson is liaison to the Community Enhancement committee and serves as chairperson. John Brown is the liaison to the Pool Committee.

Mira Frost and Joe Rosen had several topics to discuss with the board. They gave the board several handouts with correspondence concerning storm water runoff behind their home, dead bushes in front of their home that were not replaced and tree pruning that has not been completed. They are concerned about erosion in flat area behind their home. They are worried about falling trees due the soil washing off the roots and leaving the roots exposed. They had one contractor recommend installing water breaks to slow down the runoff. Jim mentioned we could ask Mark Willcher and Co. and the Rosen's consultant look at the low area behind their home. Mira mentioned they will come to future meetings and that she was concerned about rising legal fees.

Lori Newman who lives at 276 NME mentioned she has also has erosion issue alongside her home. She also said the surface storm drain backs up when it rains. She said a civil engineer who was working with the contractor repairing her home noticed some settling in her home that may be attributed to the erosion. They did not get a written report from the engineer due to the cost of the report.

Judy Rudolph wanted to discuss a letter dated December 12, 2016, she sent John Hansman, Jim and the Board concerning open issues dealing with Open Meeting Act violations and failure to enforce HOA rules and covenants, and several other issues. Jim mentioned her letter was discussed at the January board meeting during the closed session. Jim mentioned he was assigned the task to respond to Judy but overlooked putting together a response. Judy's annotated letter is ATTACHMENT A.

Joe Jordan said the interviews conducted by the Board for the Assistant Administrators position were a violation of the Open Meeting Act. There should have been only three board members on the interview sub-committee. John Daroff agreed the hiring process was flawed but the Board learned from the process and would do better with future hires.

John Hansman introduced Kirsten Hall. Kirsten was recently hired as a contractor to help Jim Denny with administrative task.

New Mark Commons Board Agenda 4/6/2017 Page 76 of 159

Approval of Minutes and Agenda Upon a motion by Magnus and a second by John Daroff, the January board minutes were approved. Dorie abstained.

Officer and Committee Reports Architectural Control Committee (ACC): John Hansman presented for the ACC. He discussed ACC Violations and How NMC Responds.. John Daroff mentioned if a prior board approved what is considered a violation today, we must uphold the prior Board's decision. But if the chagne is requested again it will not be approved. See ATTACHMENT B

Communications Committee (CC): John Daroff mentioned the CC need approval of Bill Holdsworth as a new member of the Communications Committee. See ATTACHEMENT C.

Landscape Committee: Ellen Stein Stolburg crew trimmed Red Twig dogwood, need to cut dead bamboo. February meeting – links for plants, trees and deer resistant plantings. Recommendation for trees around the lake. Get away from willows, root damage. The March meeting will be a community walk through.

Community Enhancement Committee (CE): Magnus Turesson, Board liaison to the CE Committee mentioned residents are still leaving their trash cans out and visible after refuse collection on Mondays. He will draft a letter reminding residents to store their trash and recycle receptacles out of site. He mentioned there is a list of people that wish to piggy back on the concrete and asphalt work the community is having done this summer.

At 9:24 pm, John Daroff mentioned he would have to leave promptly at 9:55 p.m. Dorie said she would also have to leave soon. John Hansman suggested we change the agenda and go into Closed Session now. At 9:24 pm, John Daroff made a motion to close the meeting. Dorie seconded the motion that was approved by John Daroff, Dorie Mangan, Magnus Turesson, Ellen Stein, Alex Manolatos and John Hansman. Board member John Brown was absent.

At 9:57 pm, Alex Manolatos made a motion to exit closed session. John Daroff seconded the motion which was approved by John Daroff, Dorie Mangan, Magnus Turesson, Ellen Stein, Alex Manolatos and John Hansman. Board member John Brown was absent.

At 9:58 pm, Ellen Stein made a motion to resume the February board meeting. Dorie seconded the motion which was approved by John Daroff, Dorie Mangan, Magnus Turesson, Ellen Stein, Alex Manolatos and John Hansman. Board member John Brown was absent.

John Daroff and Dorie Mangan left the meeting at 9:58 pm.

New Mark Commons Board Agenda 4/6/2017 Page 77 of 159

ATTACHMENT A

Judith P. Rudolph 830 New Mark Esplanade Rockville, Maryland 20850-2750 [email protected]

December 12, 2016

John Hansman, President New Mark Commons Homes Association, Inc. P. O. Box 4206 Rockville, MD 20849

Dear John:

I would prefer not to resort to filing CCOC complaints; I do not want be responsible for the HOA incurring legal fees, nor for forcing a process that redirects staff time from providing basic resident services. We have experienced both of these problems over the past few months.

You, the Board, and Jim have continued to fail to respond to and/or resolve the issues below. I consider these matters to be essential to maintaining and/or improving the quality of life in NMC, strengthening NMC's self- governing community structure, and enhancing the value of property within NMC. Therefore, as a last resort— “in the absence of any dispute resolution procedure in the NMC governing documents—I am making this last, formal request for response before filing CCOC complaints to "show that the party complaining has 'exhausted all remedies provided for in the Association documents.'”

I can provide documentation of repeated attempts to bring these matters to your attention and request resolution.

New Mark Commons Board Agenda 4/6/2017 Page 78 of 159

Open Meetings Act violations • Minutes o Multiple missing, incorrect and incomplete ACC minutes and documentation of actions o Outstanding Board, Pool Committee, and draft and final Annual Meeting minutes. Currently outstanding are: ▪ 10/19 Budget work session minutes ▪ 11/16 Board conference call minutes ▪ 8/2016 Pool Committee minutes ▪ Draft 2016 Annual Meeting minutes, final minutes of any previous Annual Meetings o Agendas ▪ Even after being notified in mid-October of the new regulations effective 10/1/2016, the Board has failed to publish/publicize agendas for multiple November and December meetings that met the 24-hour advance time requirement and were complete with support materials1 o Failure to ensure that a Board member or employee has completed OMA Training ▪ You and I discussed this in a 10/28/2016 telecom, for which I have an email documenting our agenda

• Governance/Board conduct of business: Inaccurate/incomplete minutes and agendas o Inaccurate minutes, not corrected even when inaccuracies have been identified o Failure to follow up on issues raised at earlier meetings (Board and ACC) as Old Business at subsequent meetings, so items “fall between the cracks”

Failure to enforce HOA rules and covenants ▪ ACC o Failure to follow up re: changes not adhering to the scope of ACC approval: specifically rear decks at 802 and 804 NME, as well as many other instances2 o 1 Harlow Court fence not approved in open session or documented2 ▪ Property maintenance o Resistance and/or failure to enforce covenants ▪ Trash carts o Failure to enforce straightforward covenant requirement regarding trash containers, or even contact homeowners individually regarding violations3 ▪ Parking regulations o in Pool lot lacks rear White truck tags Volvo in front of 824 o lacks front bumper and tag

1 The revised 2/2/2017 Board agenda posted on 2/2 at 4:36 PM, includes the draft January 2017 Board minutes. They do not include the Written Statement for Closing a Meeting Under the Open Meetings Act for the 1/5/2017 meeting. Thus, I have no indication regarding whether this letter was discussed during the January closed session 2 ACC policy proposed 1/2017 2 Corrected and/or revised ACC minutes provided 1/15/2017 3 Appears on 2/2/2017 Board agenda New Mark Commons Board Agenda 4/6/2017 Page 79 of 159 law regarding Resale packages • Failure to implement longstanding MD Resale package notification requirement re: adherence to HOA rules, even after it was brought to your attention 3/31/2016

Failure of the Board, its President, and its employee/agent to consistently adhere to the following elements of the CCOC Bill of Rights and Responsibilities ▪ There is a documented pattern of failure to respond in a timely manner (or at all) to written and/or verbal requests for information and/or action regarding the issues outlined above.4 ▪ There is documented evidence of occasional dismissive verbal and/or written responses to residents’ attempts to exercise these rights ▪ There is documented evidence of resistance to encouraging and supporting residents’ right to and requests for open communication and transparency regarding HOA

2 activities5 o 2. You have the right to be treated with respect by your neighbors and by the directors and managers of your community. o 4.You have the right to prompt and effective service from your association's directors or management. o 7. You have the right to honest and reasonable government from your elected board and the managers it chooses. o 12. You have the right to architectural and other rules (such as parking or pets) that are properly adopted and published, that are clear and reasonable, and that are fairly and consistently enforced.

Please provide me with a response, plan, and commitment to correct these issues no later than January 12, 2017.

Sincerely,

Judith P. Rudolph cc by email: New Mark Commons Board of Directors Jim Denny, NMC Administrator

4 Continued lack of response to this letter, previous communications from me, and other residents 3 New Mark Commons Board Agenda 4/6/2017 Page 80 of 159

ATTACHMENT B

DRAFT

ACC Violations and How NMC Responds

The enforcement of architectural regulations is a vital function of the NMC Board and its Architectural Control Committee. It is vital, therefore, that these regulations and the treatment of violations be spelled out clearly and communicated to all residents. While absolute adherence to the regulations and strict enforcement is the goal, it is important to note the Board and the ACC are allowed some flexibility in decision-making.

As Montgomery County's Commission on Common Ownership Communities (CCOC) has stated: “The board of directors has a fiduciary duty to enforce the association’s rules, but that does not mean it must strictly enforce every rule in every case. The association documents give the board discretion on how to enforce the rules. However, the continued failure or refusal to enforce rules can eventually lead to a finding that the association has abandoned or waived its covenants.”

There are several categories of violations. The Board and the ACC have agreed on the following responses:

1. Cases in which a a homeowner has NOT applied for ACC permission for a change he/she has made that required advance ACC action.

Owners shall be required to submit an ACC application. If approved, no further action is necessary. If denied, the owner may appeal to the Board. If the Board denies the appeal, the owner shall be required to comply with the ACC’s decision. This may entail a modification of the change or complete removal of the alteration at the owner’s expense. Any owner who refuses shall be taken before the CCOC.

2. Cases in which a homeowner has applied for ACC approval and received it but has made a change that differs from what was applied for.

Owners shall be required, at their own expense, to make the change conform to the original ACC ruling. Any owner who refuses wil be taken before the CCOC.

3. Cases in which a homeowner is denied ACC approval but makes a change anyway.

Owners shall be required, at their own expense, to remove the change. Any owner who refuses shall be taken before the CCOC.

4. Cases in which a change was approved in the past but the change was in fact in violation of the ACC regulations or NMC convenants. New Mark Commons Board Agenda 4/6/2017 Page 81 of 159

The sitting ACC will inform the owner of its finding of a violation and require that the change be removed or brought into conformity with current regulations before the property can be sold or otherwise transferred.

In all cases, it is the position of the Board and the ACC that owners have two weeks to respond to a notice of violation and 60 days to bring their property into conformity. No property in NMC can be sold or otherwise transferred until it is in conformity with ACC and Board decisions.

The ACC and the Board are empowered to consider any external changes, including but not limited to, doors, windows, railings, hardscaping, paint color, lighting, extensions and sheds.

The following excerpts from CCOC rulings are provided as illustrations to homeowners in support of the NMC position:

“A homeowner who obtains approval for an application, but then makes changes and does not build according to the approved application, can be ordered to submit a new application for the structure as finally built and to comply with the association’s ruling on the revised application.”

“If a homeowner builds something different from what he applied and obtained approval for, and if the changes do not meet the community’s architectural standards, the CCOC will uphold the standards and require the homeowner to comply with them and make the necessary alterations.”

“When an association approved a member’s plans for a new deck, and he built the deck following the approved plans, the association cannot thereafter force him to change the deck, nor can it alter the deck without his approval, until such time as he sells the house.”

“When a member cannot show that he ever applied for, and received, approval for a deck, the association can require him to alter it, or can enter on the property to alter it at the owner’s cost.”

Despite the last citation, please note, the NMC Board and the ACC have decided the NMC administrator or a contractor hired by NMC will NEVER enter any property to make mandatory changes required by the Board or the CCOC. However they will strictly enforce requirements for such changes before the sale or transfer of any property.

New Mark Commons Board Agenda 4/6/2017 Page 82 of 159

ATTACHMENT C

NMC Communications Committee Report to the NMC Board February 2, 2017

Please review the full contents of the minutes of the 1/12/2017 committee meeting. The items below require Board action and/or are particular importance:

New/additional committee member: Bill Holdsworth has attended the last 2 committee meetings and is contributing significant IT expertise. Board Action Requested to approve Bill as a member of the committee.

January Billing Enclosures: • Online survey responses: To date, these very preliminary and incomplete newsletter preferences lean toward monthly email delivery plus quarterly printed delivery of newsletters. • Report of 120 responses received by 2/2/2017 is attached. • The survey period will end 2/15/2017; the committee will review the final survey results, consider and discuss the feedback they provide, and develop recommendations to the Board later in the spring. • We will also use the feedback to develop targeted informational/educational newsletter articles about how to use existing NMC tools.

Website: - As of 2/1/2017, 67 residents have requested/received website Resident Area logon access - Pat Reber and Bill Holdsworth have been trained on the basics of and can now serve a backups to perform basic website updates. Thanks to their input, the committee now has the skills to implement some of the enhancements and changes that we previously thought would require support from our consultant - We are prepared to train Jim and the new staff member whenever they are available - The committee agreed that access rights for editing/updating should be limited to some committee members and paid staff. - The Board should note the items Future Enhancements and Community News Criteria in the January committee meeting minutes

Newsletter: - February Newsletters: Electronic newsletters will go out ~2/18; a short printed newsletter/Annual Meeting notice for door-to-door distribution before the 10-day advance notice requirement for the 3/13 Annual Meeting. - Future Paper Newsletters: See plan to simplify the production of future paper newsletters by NMC staff and Communications Co. volunteers.

Google Business Implementation: Note in the minutes information about the need for and availability of additional staff and Board training New Mark Commons Board Agenda 4/6/2017 Page 83 of 159

Broadcast Emails - Updated Policy/Guidelines: Tabled pending results of Communications Preferences Survey and the availability of click-rate data for the website.

1 - Mailchimp for broadcast emails: The unanimous opinion of the committee, as well as Jim Denny, is to use Mailchimp for all broadcast emails.

Databases: - Non-Resident requests for Newsletter Subscriptions/Mailchimp: Request Board approval of recommendation that only current residents get electronic newsletter deliveries, with these exceptions: (1) non-resident pool members should be put into a subgroup for delivery of newsletters from April to August; (2) adult children of residents who ask to be kept informed if their elderly parents live here; (3) landlords, who under their lease should be obligated to keep their renters informed. Jim Denny to an updated list of non-resident owners and ensure that owners are aware of this requirement.

The next meeting is Thursday evening, 2/9/2017 at 7:30 PM. New Mark Commons Board Agenda 4/6/2017 Page 84 of 159

2 Q1 1. Currently, which of the following do you use to get news and updates about New Mark Commons and its activities? Answered: 119 Skipped: 1

0 % 10 % 20 % 30 % 40 % 50 % 60 % 70 % 80 % 90 % 100 % Email newsletter

Print newsletter

NMC website home page

NMC website Resident Are...

Nextdoor New Mark Commons

Broadcast emails None

Other (please specify)

Answer Choices Responses

Email newsletter 73.95% 88 New Mark Commons Board Agenda 4/6/2017 Page 85 of 159

Print newsletter 70.59% 84

NMC website home page 15.13% 18

NMC website Resident Area pages 11.76% 14

Nextdoor New Mark Commons 49.58% 59

Broadcast emails 31.93% 38

None 0.84% 1

Other (please specify) 2.52% 3

Total Respondents: 119

# Other (please specify) Date

1 Neighbors 2/1/2017 11:47 AM

2 Attend meetings!!! 1/29/2017 4:07 PM

3 Accidental conversation (gossip)--[what are the green dots on the curbs?] 1/12/2017 3:56 PM 1 / 6 New Mark Commons Board Agenda 4/6/2017 Page 86 of 159

Q2 2. If New Mark Commons offered all of the following, which would you most likely use to get information about NMC or its acitvities? Answered: 119 Skipped: 1

Email newsletter [...

Print newsletter [...

NMC website home page

NMC website Resident Are...

None

0 % 10 % 20 % 30 % 40 % 50 % 60 % 70 % 80 % 90 % 100 %

Answer Choices Responses

Email newsletter [see item 2a] 77.31% 92

Print newsletter [see item 2b] 50.42% 60

NMC website home page 18.49% 22

NMC website Resident Area page 11.76% 14

None 0.84% 1

Total Respondents: 119

Other (please specify) Date

As required 2/1/2017 2:58 PM

No preference 2/1/2017 11:42 AM

Print is not as good environmentally but to be realistic, more people will read it. 1/29/2017 5:15 PM

Either monthly email OR monthly print newsletter 1/29/2017 11:33 AM New Mark Commons Board Agenda 4/6/2017 Page 87 of 159

Re: homepage: "it's nice, but have to be logged in to be there." 1/12/2017 4:02 PM

The way we always received info. I pay my dues and I shouldn't be forced to pay extra for the community Board of 1/12/2017 3:56 PM Directors' minutes, planned activities, and all news that involves my membership in New Mark Commons

NMC Home page only if I receive notifications when new content is posted. I want to be notified when something has 1/9/2017 2:28 PM changed, not go hunt for it.

2 / 6 Q3 2a. If applicable, how often would you like to receive an email newsletter? Answered: 84 Skipped: 36

Monthly

Quarterly

Not applicable

Other (please specify)

0 % 10 % 20 % 30 % 40 % 50 % 60 % 70 % 80 % 90 % 100 %

Answer Choices Responses

Monthly 79.76% 67

Quarterly 19.05% 16

Not applicable 0.00% 0

Other (please specify) 1.19% 1

Total 84

Other (please specify) Date New Mark Commons Board Agenda 4/6/2017 Page 88 of 159

As needed 1/12/2017 3:47 PM 3 / 6 Q4 2b. If applicable, how often would you like to receive a print newsletter? Answered: 55 Skipped: 65

Monthly

Quarterly

Not applicable

Other (please specify)

0 % 10 % 20 % 30 % 40 % 50 % 60 % 70 % 80 % 90 % 100 %

Answer Choices Responses

Monthly 32.73% 18

Quarterly 52.73% 29

Not applicable 7.27% 4

Other (please specify) 7.27% 4

Total 55

Other (please specify) Date

Either monthly or quarterly 2/1/2017 12:19 PM

2/year 1/29/2017 11:31 AM

As needed 1/12/2017 3:47 PM New Mark Commons Board Agenda 4/6/2017 Page 89 of 159

If I have access to info online I do not need a paper copy. I know some people still want a paper copy. May be we can opt 1/11/2017 5:08 PM in or out of the papercopy like you can at your bank.

4 / 6 Q5 3. What types of information would you like more of via online resources? Answered: 24 Skipped: 96

Responses Date

Broadcast emails 2/1/2017 7:13 PM

Board updates (including agenda & reports post-meeting) 2/1/2017 2:58 PM

Community news 2/1/2017 12:25 PM

Event affecting the whole community--not for buying/selling stuff from residents 2/1/2017 12:18 PM

Service recommendations 2/1/2017 12:15 PM

Most online info seems to be redundant! Currently too many messages! 2/1/2017 11:59 AM

Alerts as when lights are out or tress down along walkways 2/1/2017 11:45 AM

Information about committee activities 2/1/2017 11:39 AM

NMC Resident Area website 1/31/2017 10:23 AM

Progress on nuisance [sic] issues. Parking of cars in front of residences and never driven. Dumping of refuse in lake. 1/29/2017 5:13 PM Neighbors not picking up of spillage after trash & recycling pickups.

Sales of homes in NMC 1/29/2017 4:18 PM

Leaf pick up; trash schedule changes; inclement weather; consider clubhouse in emergencies 1/29/2017 4:09 PM

None 1/29/2017 4:07 PM

Time sensitive information 1/29/2017 11:37 AM

I would like a more detailed itemization of out litigation expenses, with an summary description of each legal action. 1/14/2017 1:55 PM

Stuff for sale and ability to post stuff for sale. Reg notices when any crimes, even petty, occur in NMC 1/12/2017 4:02 PM

Current content is great. Info on NMC homes for sale. Helping NMC residents make HOA payments online 1/12/2017 3:45 PM

Alerts: Burlaries, neighborhood problems-H2O main breaks and resolutions 1/12/2017 3:43 PM

Crime reports, unusual wildlife sightings 1/12/2017 3:39 PM

Current ____ info adequate 1/12/2017 3:38 PM

Covenants, By-Laws, City of Rockville Regulations, CCOC, lake, alternate road surfacing 1/12/2017 3:36 PM New Mark Commons Board Agenda 4/6/2017 Page 90 of 159

Community news-crime, ACC info, etc. 1/12/2017 3:32 PM

All info should be available on the resident area of the website 1/11/2017 5:08 PM

Ability to pay dues, buy pool passes, easier access to surveys (took 4 clicks to get to this one - could have easily been 1/9/2017 2:28 PM 1) 5 / 6 Q6 4. If there were a charge for hard copy/home delivered newsletters, would you still want them? Answered: 111 Skipped: 9

Yes

No

0 % 10 % 20 % 30 % 40 % 50 % 60 % 70 % 80 % 90 % 100 %

Answer Choices Responses

Yes 19.82% 22

No 80.18% 89

Total 111 6 / 6

ATTACHMENT D New Mark Commons Board Agenda 4/6/2017 Page 91 of 159

New Mark Commons Board Agenda 4/6/2017 Page 92 of 159

New Mark Commons Board Agenda 4/6/2017 Page 93 of 159

New Mark Commons Board Agenda 4/6/2017 Page 94 of 159 NEW MARK COMMONS HOMES ASSOCIATION SPECIAL BOARD OF DIRECTORS MEETING CONFERENCE CALL WEDNESDAY, NOVEMBER 16, 2016 @ 3 PM.

ATTENDEES: Board members: John Hansman, John Daroff, Ellen Stein, Dorie Mangan, Magnus Turesson and Administrator Jim Denny.

Board members absent: Alex Manolatos, John Brown

Residents: Judy Rudolph, David Schwartzman, Sharon Wall, Stan Sirotkin

John Hansman called the Special Board of Directors' meeting to order at 3:05 PM.

The topic of discussion was when should the Board adopt the 2017 proposed budget presented at November 3, 2016, Board meeting. The proposed budget would require a dues increase greater than the Consumer Price Index (CPI) for the period September 2015 to September 2016. The Board's authority to increase the dues more than the CPI is the subject of pending complaint #53-16, Berman vs. New Mark Commons Homes Association, currently before the Montgomery County Commission on Common Ownership Communities (CCOC). The question is: should the Board adopted the proposed 2017 budget now, effective January 1, 2017 or wait until a decision is given by the CCOC.

John Hansman mentioned the decision is not expected until February 2017. He would like to proceed with adoption of the 2017 budget. If approved, it would still be possible to issue the January 1, 2017 dues invoice with the same rate as 2016 and invoice the 2017 increase in total on the May 1, 2017 invoice.

John Daroff told the board our attorney recommends we should wait until the CCOC ruling before approving the budget. If the CCOC rules against NMC, we would have significant accounts receivable problems. John Daroff recommends we adopt a 2017 budget at 2016 levels. If we prevail with the CCCO and there is not an appeal, the larger 2017 could be revisited and a special billing cycle could make up the difference.

Ellen agreed with John Daroff's proposal. Magnus asked would it be possible to fund the assistant administrator position in the 2016 budget?

Dorie agreed we should wait until we receive a decision from the CCOC. She asked would it be possible to have three billing cycles? David Schwartzman asked what the cost would be for an additional billing cycle. Jim said approximately $200 in postage and a couple of days to prepare and mail the invoices.

Magnus asked if is possible to borrow from the reserve fund to make up a deficit in the operating budget. John Hansman replied it is possible in an emergency but that is not applicable to this situation.

After discussion, John Hansman made a motion that the Board of Directors defer approval of the 2017 proposed budget until a decision in CCOC case #53-16, Berman vs. NMC is received. John Daroff seconded the motion, which was passed by a vote of four in favor and one opposed. John Daroff, Dorie Mangan, Ellen Stein and Magnus Turesson voted in favor of the motion. John Hansman opposed the motion.

The Board will continue the 2017 budget discussion at the December 1, 2016 monthly meeting.

New Mark Commons Board Agenda 4/6/2017 Page 95 of 159

NEW MARK COMMONS HOMES ASSOCIATION SPECIAL BOARD OF DIRECTORS BUDGET WORK SESSION WEDNESDAY, OCTOBER 19, 2016

ATTENDEES Board members: John Hansman, John Daroff, Alex Manolatos, Ellen Stein and Administrator Jim Denny. Magnus Turesson arrived at 7:45 PM.

Absent board members: John Brown and Dorie Mangan

Residents present: Judy Rudolph, Pat Reber and Jason Haynes.

Judy Rudolph gave the Board a two-page statement regarding the Baseline Checklist and NMC Administrative Support Needs. Attachment A

John Hansman called the meeting to order at 7:10 PM.

Jim gave the Board an Income and Expense report as of October 11, 2016, and a proposed budget for 2017 (Attachment B). The proposed budget for 2017 reflects an 0.8% increase. The 0.8% increase reflects the increase in the Consumer Price Index (CPI) for the Washington and Baltimore metropolitan areas for the period September 2015 to September 2016. John Daroff made several observations about the current budget. The Administrators base salary has not increased in years. The board has been using a bonus as a tool increase compensation. While understanding the reasoning used in the past, this practice needs to be reviewed. On the proposed expenses for 2017, John would like to increase the proposed budget for website and PC support to $10,500. He is proposing $600/month for on-going website support in the form of a retainer or a flat fee. The legal expenses should be increased to $27,000. The clubhouse services and expense should be increased to $5,000 and $650 respectfully. Additional use of the clubhouse would require additional maintenance.

John Hansman mentioned he received the following comments from residence via email: The clubhouse needs improved access and remodeling; repair townhouse parking lots and sidewalk; extend pool hours; start lake dredging process; limit use of fertilizer and pesticides; the Swim Team should pay their own way and not be funded by the Association; use ground cover vs. grass.

Ellen had several landscape issues to be discussed which consisted of the following: We should provide maintenance for all the circles in the detached homes areas; the front island and lake steps require pruning and some new plants; schedule a community walk and invite all residents to participate, the walk would identify areas throughout the community that need landscape work and help with prioritizing the list.

John Daroff and Alex mentioned the NMC parking lots should include handicap ramps in the specifications for concrete sidewalk repairs. John noticed the lack of ramps while taking his kids for a walk.

Ellen believes the administrators salary should be reviewed and increased to reflect a 40 hour work week. John Daroff suggested the annual compensation for the part time administrative assistant position should be between $15,000 to $20,000 per year. John Daroff made a motion that the board hire a part time administrative assistant. Alex seconded the motion which passed unanimously. New Mark Commons Board Agenda 4/6/2017 Page 96 of 159

The board instructed Jim to update the 2017 proposed budget with the changes discusses and determine how much these changes would cost.

ATTACHMENT A

New Mark Commons Board Agenda 4/6/2017 Page 97 of 159

New Mark Commons Board Agenda 4/6/2017 Page 98 of 159

New Mark Commons Board Agenda 4/6/2017 Page 99 of 159

New Mark Commons Board Agenda 4/6/2017 Page 100 of 159

ATTACHMENT B

NEW MARK COMMONS

HOMES ASSOCIATION, INC.

P.O. BOX 4206

ROCKVILLE, MD 20849-4206

301-340-0288

2016 BUDGET - OPERATING INCOME as of 10/11/2016

2016 YTD

Budget Income YTD % Notes

DETACHED HOMES DUES 100% 197,950 198,490 TOWNHOUSE DUES 100% 200,203 200,241 NON-RESIDENT DUES 107% 40 20,700 22,203 member s LATE FEES 91% 900 821 INTERST FROM PAST DUE ACCOUNTS - 186 STORM WATER MGMT. FEE 97% 15,905 15,431 MONTGOMERY CTY. - CCOC FEE 100% 1,152 1,153 CLUBHOUSE RENTALS 85% 3,300 2,800 GARAGE RENTAL 100% 845 845 New Mark Commons Board Agenda 4/6/2017 Page 101 of 159

POOL GUESTS 116% 2,000 2,316 NEWSLETTER INCOME 47% 385 180 OTHER 83% 17 HOA 1,500 1,239 Pkgs SUBTOTAL 100% 444,840 445,905

DETACHED HOMES-RESERVE 100% CONTRIBUTION (33,354) (33,443) TOWNHOUSE-RESERVE 100% CONTRIBUTION (42,674) (42,670) TOTAL 100% 368,812 369,792

2016 BUDGET - EXPENDITURES

as of 10/11/2016

2016 YTD

ADMINISTRATIVE Budget Expenditu YTD % Notes res SALARY 75% 38,155 28,616 2015 BONUS 100% 7,700 7,700 PAYROLL TAX - 81% SS/MEDICARE 3,439 2,778 TAXES - CORP/UNEMPL/PROP 129% 835 1,074 STORM WATER MGMT. FEE 96% 16,609 15,962 MONTGOMERY CTY. - CCOC 167% FEE 1,152 1,920 INSURANCE 96% 35,065 33,768 UTILITIES/PHONE & ELEC 66% 5,000 3,311 ADMIN EXPENSES 80% 3,200 2,546 PRINTING & DELIVERY 55% 3,060 1,672 PROF. SVCS / LEGAL 129% thru 8/31 18,000 23,264 New Mark Commons Board Agenda 4/6/2017 Page 102 of 159

PROF. SVCS / ACCOUNTING 90% 7,000 6,330 ENTERTAINMENT 86% 5,000 4,281 WRITE OFF FOR BAD DEBT - - WEB SITE/PC SUPPORT 195% 1,000 1,949 SUBTOTAL 93% 145,215 135,171

CLUBHOUSE & TENNIS

UTILITIES - PHONE/GAS/ELEC 66% 12,000 7,927 CH SERVICES - PEST/ALARM 126% 3,000 3,786 CH SUPPLIES 98% 600 588 TENNIS 0% 150 - SUBTOTAL 78% 15,750 12,301

POOL

POOL MANAGEMENT 101% 52,400 52,980 SWIM TEAM 95% 7,200 6,836 FEES/LICENSES 107% 1,200 1,288 POOL PASS SYSTEM 82% 1,500 1,224 WATER 101% 3,771 3,801 POOL SUPPLIES 214% 1,000 2,141 POOL REPAIRS 63% 5,000 3,127 SUBTOTAL 99% 72,071 71,397

LAKE

LAKE - ELECTRICITY 67% 3,325 2,223 LAKE - MAINTENANCE 79% as of 10/31 5,437 4,311 LAKE - MISC. REPAIRS 0% 600 - New Mark Commons Board Agenda 4/6/2017 Page 103 of 159

SUBTOTAL 70% 9,362 6,534

MAINTENANCE

LAWN CONTRACT 83% as of 10/31 46,271 38,559 CONTRACTED MAINTENANCE 68% 5,495 3,731 MAINTENANCE EXPENSES 49% 1,500 739 SNOW REMOVAL 101% 24,890 25,247 TREE REMOVAL & REPLACE 111% 23,350 25,846 LIGHTING MAINTENANCE 102% 6,500 6,634 LANDSCAPE MAINTENANCE 79% 8,250 6,546 LANDSCAPE PROJECTS 91% 8,250 7,510 SUBTOTAL 92% 124,506 114,812 GRAND TOTAL 93% 366,904 340,215

New Mark Commons Bank Balances as of 10/11/2016

Operating Account

Bank of America as of 98,585 9/30

Reserve Accounts New Mark Commons Board Agenda 4/6/2017 Page 104 of 159

Bank of America, 2016 reserve fund contrib. 76,113

Monument Bank Money Market fund 1.45% APR as of 243,843 9/30

Congressional Bank Money Market as of 243,823 9/30

Subtotal - reserve accounts 563,779

TOTAL CASH 662,364

New Mark Commons

Reserve Fund

10/11/2016

Opening Balance as of 1/1/2016 485,114

Additions

2016 Reserve fund contribution. 76,113

Interest earned on reserves. 2,301

Total reserve funds available 563,528

Subtractions

New Mark Commons Board Agenda 4/6/2017 Page 105 of 159

Reserve project expenditures thru 9/30/2016 (See Exhibit A) (17,329)

Sub total 546,199

Expected reserve project expenditures thru 12/31/2016. (See Exhibit A) (40,847)

Projected reserve fund balance on 12/31/2016 505,352

New Mark Commons Reserve Fund 10/11/2016

Exhibit A

Reserve project expenditures 9/30/2016

Criterion Inc. - new pool furniture 834 Mark Willcher & Co. - Jordan, 328 NME deposit 972 Mark Willcher & Co. - Jordan, 328 NME final 1,943 Bishop's Tennis, Inc. - tennis court cleaning and repair 50% deposit 1,915 Bill King Painting - repaint wood signs, railing, 1/3 deposit garage 1,400 Action Fabricators Inc. - new metal hand rails 254 & 876 NME 1,375 Bishop's Tennis, Inc. - tennis court cleaning and repair - final 1,915 Bill King Painting - repaint wood signs, railing, garage 2,800 New Mark Commons Board Agenda 4/6/2017 Page 106 of 159

Bill King Painting - additional painting. 300 Action Fabricators Inc. - hand rails 254 & 876 NME - final 1,375 Mark Willcher & Co. - 300 to 314 NME deposit 2,500 Sub total 17,329

Expected reserve fund expenditures 10/1/2016 to 12/31/2016

Mark Willcher & Co. - 300-314 NME final 7,525 Clubhouse furnace - M.P. Energy Service 8,460 New roof on clubhouse - Rimel Roofing 15,800 800 block retaining wall - Stolburg proposals 9,062

Sub total 40,847

Total 2016 Reserve Expenditures 58,176

New Mark Commons Board Agenda 4/6/2017 Page 107 of 159

NMC Communications Committee Meeting March 9, 2017, 7:30 PM, 830 NME Minutes

Present: Judy Rudolph, John Daroff, Bill Holdsworth, Melanie Huston, Pat Reber; Absent: Jim Denny, Jonathan Smith

Communication preferences survey • The committee discussed how to present the final results at the Annual Meeting and the impact of the findings on future communications activities o We will continue use the feedback to develop targeted informational/educational newsletter articles about how to use existing NMC tools o Continue with 4 paper, 8 electronic newsletters per year

Website • Josh Grabenstein request/potential additional needs o John will contact Josh to discuss: § Two possible approaches for Josh to "replicate" the New Mark website to use as references (screen shots or copy with specific restrictions) § From February meeting: quotes for migration to permanent hosting environment; adding a payment portal; moving files from [email protected] into the NMC cloud and propagating it out to the website (via Google Business) • Bill and Melanie offered to try to tackle (a) Google Analytics and (b) taking down the old Rocknet website and redirecting it to the new website • The committee reiterated its availability to train/orient Kirsten [and Jim] • There was discussion of Community News recent use and criteria

Newsletter • The March electronic email issue will have a modified schedule and deadlines, to provide the results of the Annual Meeting, and Board and officer elections • Ads/advertising billing continues to be inactive • Paper newsletter o We will ask Kirsten to design a Word template use beginning with the May issue

Google Business implementation • There is continued need for clarification about who is on each committee email address • Google drive access/sharing will be updated for 50th anniversary team, too • Populating Google drive: still outstanding o Board and other committees o Archival material/scanning

Broadcast emails • There was discussion of the impact of the survey on updating policy, and staff supporting Mailchimp broadcasts

1 New Mark Commons Board Agenda 4/6/2017 Page 108 of 159

Databases: • Need follow-up from Jim: o Adding non-resident owners/landlord and requesting tenant data from them o Adding non-resident pool members

Defining staff vs. Committee roles • We hope to pursue this matter more actively as Kirsten becomes oriented

March 13 Annual Meeting • Committee Report content: The group discussed the general content and specifically a justification for monthly email newsletters plus four paper letters a year • We reviewed the Committee’s role/contribution to help with the setup and logistics (projection system and PowerPoint presentations, sound system, etc.)

The next meeting will be Thursday, April 13, at 7:30 PM, at Pat Reber’s, 705 NME.

2 New Mark Commons Board Agenda 4/6/2017 Page 109 of 159

NMC Community Enhancement Committee Report to Board and Items requiring Board Action March 2, 2017 NMC Comm Enh SignUpGenius results as of 02-27-2017.csv New Item Item Comment First Name Last Name Email Sign Up Comment Sign Up Timestamp Address1 Phone

Explore options and Mark Brick repair group contracts Wendy Law [email protected] 2/22/17 20:05 122 New Mark Esplanade 301-610-0414

Explore ACC-approved Commons options and investigate group purchase/installation Replacement door for

Doors/storm doors services Judy Rudolph [email protected] contemporary townhouse 1/21/17 10:34 830 New Mark Esplanade 301-279-7917 Board Explore ACC-approved options and investigate group purchase/installation Doors/storm doors services Mary Pham [email protected] Door options 1/28/17 23:12 828 NME Explore ACC-approved options and investigate group I'm interested in front door purchase/installation repair and the addition of a Doors/storm doors services Carolyn Rooney [email protected] storm door 1/29/17 11:43 2409943866 Explore ACC-approved options and investigate

group Agenda purchase/installation Also 8ntetested in exterior Doors/storm doors services Sara Love [email protected] paint. 1/30/17 16:44

Join group driveway contract Detached homes Susan Klein [email protected] 1/28/17 21:48 9 Watchwater Way 301-424-1658 4/6/2017 Join group driveway contract Detached homes Bill Reed [email protected] Partial driveway 1/29/17 12:07 19 Bentana Way 3013709996 Join group driveway contract Detached homes Laura Kukelhaus [email protected] 1/29/17 17:10 Join group driveway contract Detached homes Jessica Grebeldinger [email protected] 1/30/17 10:59 4 Vallingby Circle 2026793121 Join group driveway contract Detached homes Michael Kohut [email protected] 2/18/17 20:20 507 New Mark Esplanade 7039805767 interested in learning Join group driveway contract Detached homes Lindsay Hoffman [email protected] more/obtaining estimate 2/21/17 13:19 14 Farsta Court 301-775-9807 Join group driveway contract Detached homes Robert Polster [email protected] 2/23/17 20:22 Join group driveway contract Detached homes Chris Durso [email protected] 2/23/17 20:23 21 Farsta Ct 301-315-8035

My walkway needs to be replaced . I would also like to check whether the drain from the spout can be connected to a pipe that runs under the common walkway to prevent water from accumulating on top of

walkway and freezing the Page Join group walkway/concrete contractDetached homes Bernadette Goovaerts [email protected] walkway during the winter. 1/27/17 14:09 150 New Mark Esplanade 3018812753

Join group walkway/concrete contractDetached homes Susan Klein [email protected] 1/28/17 21:48 9 Watchwater Way 301-424-1658 110 Join group walkway/concrete contractDetached homes Carolyn Rooney [email protected] Concrete walkway 1/29/17 11:43 2409943866 Join group walkway/concrete contractDetached homes Carol Soo [email protected] 2/19/17 21:55 5 Letchworth Circle 3013407133 of 159

Page 1 NMC Comm Enh SignUpGenius results as of 02-27-2017.csv New interested in learning

Join group walkway/concrete contractDetached homes Lindsay Hoffman [email protected] more/obtaining estimate 2/21/17 13:19 14 Farsta Court 301-775-9807 Mark Join group walkway/concrete contractDetached homes Dasha Kimelman [email protected] 2/21/17 21:56

862 NME - interested in Commons estimate for sidewalk/front Join group walkway/concrete contractTownhouses Stephanie Bloom [email protected] step 12/18/16 8:38 Just one square of sidewalk

Join group walkway/concrete contractTownhouses Judy Rudolph [email protected] + gap at bottom of steps 12/18/16 10:05 830 New Mark Esplanade 3012797917 Board Want an estimate of front Join group walkway/concrete contractTownhouses Karen Crossley [email protected] sidewalk and porch work. 12/18/16 19:32 838 New Mark Esplanade 301-738-3968 Need concrete and brick Join group walkway/concrete contractTownhouses Nancy Wood [email protected] work done 1/26/17 17:37 144 New Mark Esplanade 240-626-3284 Join group walkway/concrete contractTownhouses Bernadette Goovaerts [email protected] 1/27/17 14:09 150 New Mark Esplanade 3018812753 Thank you for doing it! I am interested in stair and stair Join group walkway/concrete contractTownhouses Dasha Kimelman [email protected] rails repair. 1/28/17 20:32 Interested in driveway Join group walkway/concrete contractTownhouses Mira Frost [email protected] estimate 1/28/17 21:42 338 New Mark Esplanade 3016107666 Join group walkway/concrete contractTownhouses Carol Soo [email protected] 1/28/17 22:13 5 Letchworth Circle 3013407133 Repair for gap at bottom of

Join group walkway/concrete contractTownhouses Mary Pham [email protected] step 1/28/17 23:12 828 NME Agenda Join group walkway/concrete contractTownhouses Amanda Zhang [email protected] 2/6/17 12:33 Join group walkway/concrete contractTownhouses gloria cohen [email protected] 2/18/17 21:00 800 New Mark Esplanade 301 437 9133

estimate on repair of door 4/6/2017 Join group walkway/concrete contractTownhouses Natalya Teterina [email protected] step and front patio 2/19/17 16:18 206 New Mark Esplanade 301-758-8146 Join group walkway/concrete contractTownhouses Wendy Law [email protected] 2/22/17 20:05 122 New Mark Esplanade 301-610-0414 Meeting frequency varies. Dates will be announced on the NMC website and by email to those who register Join the committee to contribute ideasinterest. Margaret Chao [email protected] 1/28/17 20:27 3 Bracknell Circle 301-537-6157 Power washing services Explore group contracts Judy Rudolph [email protected] porch/sidewalk, siding 1/21/17 10:34 830 New Mark Esplanade 301-279-7917 Power washing services Explore group contracts Margaret Chao [email protected] 1/28/17 20:28 3 Bracknell Circle 301-537-6157 Power washing services Explore group contracts daniel New-Schneider [email protected] 2/19/17 9:32 5 Tegner Court 2404986071 Meet with other residents to discuss options and possible group contract for Siding solutions services. daniel New-Schneider [email protected] 2/19/17 9:32 5 Tegner Court 2404986071 Explore group contracts

for repair and/or Page Wood trash enclosures/fencesreplacement services Margaret Chao [email protected] 1/28/17 20:28 3 Bracknell Circle 301-537-6157

Explore group contracts 111 for repair and/or Replacement of refuse Wood trash enclosures/fencesreplacement services Mary Pham [email protected] enclosure 1/28/17 23:14 828 NME of 159

Page 2 NMC Comm Enh SignUpGenius results as of 02-27-2017.csv New Explore group contracts

for repair and/or Mark Wood trash enclosures/fencesreplacement services Jessica Grebeldinger [email protected] 1/30/17 10:59 4 Vallingby Circle 2026793121

Explore group contracts estimate on replacement of Commons for repair and/or part of the brick trash Wood trash enclosures/fencesreplacement services Natalya Teterina [email protected] enclosure by wood door 2/19/17 16:18 206 New Mark Esplanade 301-758-8146 Board Agenda 4/6/2017 Page 112 of 159

Page 3 New Mark Commons Board Agenda 4/6/2017 Page 113 of 159

NEW MARK COMMONS HOMES ASSOCIATION, INC. P.O. BOX 4206 ROCKVILLE, MD 20849-4206 301-340-0288 http://www.newmarkcommons.net New Mark Commons Community Enhancement Committee Mission Statement and Policies

Mission Statement The Community Enhancement Committee was formed to ensure that our community is well maintained by encouraging homeowners to maintain their properties in accordance with NMC covenants, rules, and guidelines. The Board and the Committee work together: the Committee assists the Board by performing inspections and making recommendations to homeowners; the Board enforces the covenants, rules, and guidelines.

Policies and Procedures Inspection Procedure Every two years the Enhancement Committee will inspect all houses in New Mark Commons. A detailed form will be completed and sent to each homeowner. This Inspection identifies areas of concern, noncompliance with NMC covenants, rules, and guidelines, and City of Rockville regulations.

The Community Enhancement Committee will review against the following criteria: • Safety of residents and safeguarding of property are the first consideration. • Preserving the architectural style of New Mark Commons. • Preserving the integrity of the New Mark Commons infrastructure. • Enforcement of New Mark Commons and City of Rockville laws and regulations. • A consistent inspection form will be used, Form 1.

NMC Rules and Resources The NMC HOA requires all NMC homeowners to comply with NMC By-Laws, Covenants, Rules, and Regulations. They can all be found on the NMC website:http://newmarkcommons.org/forms/.

Response Policy • The Community Enhancement Committee provides information and recommendations to help residents in choosing the right materials, products, and resources. • A specific response form will be used, Form 2.

Followup Policy A followup response letter to the homeowner will be used if needed to discuss or document additional dialogue.

2/23/2017

New Mark Commons Board Agenda 4/6/2017 Page 114 of 159 NEW MARK COMMONS HOMES ASSOCIATION, INC. P.O. BOX 4206 ROCKVILLE, MD 20849-4206 301-340-0288 http://www.newmarkcommons.net

Inspection Checklist for Address ______Directions: Mark each G=Great or NI=Needs Improvement Only use NA, Warning or Exemplary markings for appropriate/extreme conditions (probably less than 5%). G = Property generally well maintained, structurally safe, acceptable in appearance, healthy, secure, in compliance with NMC covenants and ACC guidelines NI = Concerns about safety, health, security, appearance, and/or compliance with NMC covenants. ⚠=︎ WARNING: needs immediate attention! Very serious concerns about safety, health, security appearance, and/or compliance with NMC covenants. Please describe. NA = Not accessible or not applicable

1 Grading, splash blocks and water removal _____ 2 Landscaping (plants & trees) _____ 3 Hardscaping _____ 4 Landscape lighting _____ 5 Fences, gates, lattices _____ 6 Walkway ______(Does not include sidewaiks) 7 Steps _____ 8 Railings _____ 9 Porch _____ 10 Mailbox ____ 11 Air conditioner enclosure ______12 Waste collection area _____ 13 Roofing _____ 14 Solar collector _____ 15 Chimney _____ 16 Fascia _____ 17 Soffits _____ 18 Kitchen/laundry vents _____ 19 Gutters down-spouts, rain barrels _____ 20 Siding/walls _____ 21 Windows _____ 22 Shutters _____ 23 House numbers ______24 Doors ______25 Light at main entry _____ 26 Other lighting _____ 27 Decks _____ 28 Common areas _____ 1 New Mark Commons Board Agenda 4/6/2017 Page 115 of 159 NEW MARK COMMONS HOMES ASSOCIATION, INC. P.O. BOX 4206 ROCKVILLE, MD 20849-4206 301-340-0288 http://www.newmarkcommons.net

“Look For’s”

1. Grading, splash blocks and water removal a) positive slope to move water away from house b) splash blocks in place as needed c) Does drainage affect neighbors or walkways adjacent to property? cause erosion? 2. Landscaping (plants & trees) a) Is landscaping neat and well-maintained? not overgrown? b) Does landscaping enhance or detract from appearance? c) No dead limbs, branches or plants 3. Hardscaping a) Landscape ties, walls and terraces are well maintained, not deteriorated 4. Landscape lighting : well-maintained, does not impact neighbors 5. Fences, gates, lattices: well maintained, no missing or collapsing parts, 6. Walkway a) solid surface b) no uneven surfaces, cracks or holes c) no sinking or rising d) consistent with or similar to original concrete 7. Steps a) even, level b) no sinking or rising c) unbroken surfaces d) material consistent with adjoining surfaces 8. Porch a) surface is even, level b) no sinking or rising c) unbroken surface d) material consistent with adjoining surfaces 9. Railing a) securely attached b) finish/paint in good condition c) consistent in style with house 10. Mailbox a) securely attached b) finish/paint in good condition c) consistent in style with house 11. Air conditioner enclosure a) materials in good repair b) brick work is complete, repaired. No collapsed or missing brick work c) wood finish is in good condition d) Enclosure is in place as originally built, or modified to be consistent with original design 2 New Mark Commons Board Agenda 4/6/2017 Page 116 of 159 NEW MARK COMMONS HOMES ASSOCIATION, INC. P.O. BOX 4206 ROCKVILLE, MD 20849-4206 301-340-0288 http://www.newmarkcommons.net

12. Waste collection area a) Bins and cans are in good condition b) Stored in a way that does not detract from appearance of the home 13. Roofing a) In good condition: no missing cracked, curling shingles. No staining,curling b) Consistent with HOA approved roofing materials (Townhomes: Certainties “Oakwood”, Tegner Way, “ Tamko “Weathered Wood” and “Tweed Blend”, Owens Corning “Autumn Brown” c) See for Tamko : https://www.tamko.com/ShingleColors d) See for Owens Corning: https://w.owenscorning.com/roofing/shingles/filter#tab=color&color=brown 14. Solar collectors a) In good repair b) No observable rust, broken or missing parts 15. Chimney a) In good repair ( as much as can be seen from street level) b) No missing, or spalling bricks c) No missing mortar joints 16. Fascia a) Paint in good condition b) For townhouses, paint matches that of rest of section c) For single family homes, paint is the same for entire house d) No holes or evidence of animal intrusion 17. Soffits a) In good repair: no missing sections, holes or loose boards b) Paint/finish is in good condition c) No holes or evidence of animal intrusion 18. Kitchen/laundry vents a) In good repair: securely attached to wall, no broken parts b) Finish in good condition. No rust c) Evidence of animal screening, no evidence of animal intrusion 19. Gutters, down spouts, rain barrels a) properly attached b) Gutters clean and free of debris (no visible leaves, branches or growing matter) c) appropriate color to match or coordinate with fascia and walls d) drainage directs water away from structures, does not impact neighbors, and does not drain directly onto walkways 20. Siding/walls a) In good repair: no missing sections, holes or loose materials

3 New Mark Commons Board Agenda 4/6/2017 Page 117 of 159 NEW MARK COMMONS HOMES ASSOCIATION, INC. P.O. BOX 4206 ROCKVILLE, MD 20849-4206 301-340-0288 http://www.newmarkcommons.net

21. Finish/paint: in good condition. i) If painted, no wood showing through; no flaking, staining or peeling. ii) If brick, no missing, spalling, broken bricks. No missing mortar, iii) If stained cedar shakes, no cupping or curling, no missing shakes iv) No use of vinyl siding except as approved by HOA 22. Material matches original and approved by HOA a) No holes or evidence of animal intrusion 23. Windows a) retain original appearance b) frames are painted and sealed. No flaking, or peeling c) joints are caulked so there are no gaps d) glass is clear and unbroken 24. Exterior Shutters a) In good repair b) Finish/paint: in good condition - no flaking, staining or peeling c) Size matches windows 25. 2House numbers a) Clearly visible from street b) Well lit c) Style consistent with style of house 26. Doors a) In good repair: no dents, holes b) Finish/paint in good condition: no flaking, staining or peeling c) Hardware consistent with style of house, in good condition matching finishes d) Door style consistent with style of house as approved by HOA 27. Light at main entry a) In good repair: covers in place, no exposed lightbulbs, no rust, no broken parts b) Provides sufficient light for safety and security, but does not negatively impact neighbors c) For town houses: light style approved by HOA (Hinkley: 1650TT or Minka: Bayview in oil rubbed bronze depicted to right) d) For single family homes: style consistent with style of home 28. Other lighting a) In good repair: covers in place, no exposed lightbulbs, no rust,no broken parts. b) Provides enough light for safety and security, but does not negatively impact neighbors

4 New Mark Commons Board Agenda 4/6/2017 Page 118 of 159 NEW MARK COMMONS HOMES ASSOCIATION, INC. P.O. BOX 4206 ROCKVILLE, MD 20849-4206 301-340-0288 http://www.newmarkcommons.net

29. Decks & patios a) In good repair. b) Wood decks : railings in place, no missing or broken parts, free of moss, stains, rot, supports are unbroken. Stain or paint in color of style consistent with style of house c) Metal railings: painted: no flaking staining or peeling d) Concrete/stone decks: i) even and level ii) No sinking or rising e) No holes or uneven seams

Note to townhouse and modern style homeowners: For guidance in learning about making choices appropriate for your style home: • Visit the National Trust for Historic Preservation’s website. and search for modern architecture: https://savingplaces.org/modern-architecture#.V5zwQJMrK8U • Zillow’s blog on mid-century has style guidance links: http://www.zillow.com/blog/mid- century-modern/ • Google and Google Images: modern architecture • Look on pintrest • Look at “Dwell” magazine • Google and Google Images for architects: Joseph Eichler, Frank Lloyd Wright, Richard Neutra, and Rudolph Schindler.

5 New Mark Commons Board Agenda 4/6/2017 Page 119 of 159 NEW MARK COMMONS HOMES ASSOCIATION, INC. P.O. BOX 4206 ROCKVILLE, MD 20849-4206 301-340-0288 http://www.newmarkcommons.net

Celebrating our 50th year! Founded 1967 DATE

XXXXX XXXXXX XXXXXX Rockville, MD 20850

Dear XXXXXX,

For the second consecutive year, the Community Enhancement (a Board-appointed committee with emphasis on beautification of NMC) surveyed all of the homes in New Mark. 2017 marks the NMC’s 50th year. We should make it even more beautiful than before. The goal is to identify maintenance issues for both landscaping and structures. As residents, we often become so used to the appearance of our homes that we fail to notice things that are apparent to others. We hope that you will respond constructively. Keeping your home in good condition enables you to avoid more costly repairs in the future and to maintain and even increase property values for yourself and the whole community.

We observed the following items at your house for which we recommend attention. A follow-up survey will be conducted every 2 years. If you need additional information about the items noted and recommendations, please indicate that on your response form. If you have already done the required/recommended maintenance, simply check the appropriate box on the form before sending it back.

• XXXXXXX • XXXXXXX

You can refer to Article IX of the New Mark Commons Homes Association covenants that requires homeowners to keep their property well maintained. Please be aware that homeowners also need to comply with NMC Architectural Control Guidelines and City of Rockville codes. You can find both the Covenants and guidelines on our website. http://newmarkcommons.net/. If you have any questions, do not hesitate to contact a member of the Board at [email protected].

Thank you in advance for your cooperation.

Sincerely,

Board of Directors New Mark Commons Homes Association, Inc.

New Mark Commons Board Agenda 4/6/2017 Page 120 of 159

NEW MARK COMMONS HOMES ASSOCIATION, INC. P.O. BOX 4206 ROCKVILLE, MD 20849-4206 301-340-0288 http://www.newmarkcommons.net

DATE

NAME ADDRESS Rockville, MD 20850

Dear NAME,

You may be aware that we recently conducted a walk-through inspection of all the homes in New Mark Commons. We are pleased to inform you that your home was noted as exemplary in several categories.

The survey was conducted by residents of NMC. We do the survey because property maintenance is important. As you clearly know, keeping your home in good condition enables you to avoid more costly repairs in the future and to maintain and even increase property values for yourself and the whole community.

We observed the following items at your house that was exemplary:

• LIST

Thank you for helping keep New Mark Commons such an outstanding neighborhood. If you have any questions, do not hesitate to contact a member of the board or myself.

Congratulations!

Sincerely,

TBD President New Mark Commons Homes Association, Inc.

New Mark Commons Board Agenda 4/6/2017 Page 121 of 159 NEW MARK COMMONS HOMES ASSOCIATION, INC. P.O. BOX 4206 ROCKVILLE, MD 20849-4206 301-340-0288 http://www.newmarkcommons.net

DATE

NAME ADDRESS Rockville, MD 20850

Dear NAME, It appears that your trash carts remain in public view on days other than trash collection days. In case you aren’t aware of them, both the New Mark Commons Covenants and City of Rockville laws and regulations establish standards that apply to this matter. Most importantly, adhering to these rules and guidelines is the neighborly thing to do. • From the New Mark Commons Covenants (http://newmarkcommons.net/wp- content/uploads/2016/08/Decl-of-Covenants.pdf), Article X. Section 3. E. (e) Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. This means that in single-family homes, trash and recycling bins should be stored in garages or on the side or rear of the home. In townhouses, trash bins must be stored within the fenced trash enclosures. We realize that this has become more difficult with the introduction of the larger bins, but it is still possible and is necessary to ensure the overall neat appearance of the neighborhood. City of Rockville Refuse Website: • City of Rockville: http://www.rockvillemd.gov/index.aspx?nid=1114: Your cart must be removed within 24 hours of collection. If no one in your household is able to wheel the carts to the curb, complete an application for back door collection at http://www.rockvillemd.gov/recycling-refuse%5D or call the Recycling and Refuse Division at 240-314-8568. Other sources of assistance may be a thoughtful neighbor. It has been suggested that you use a permanent marker to identify your carts with your address, so that that willing neighbor can help return them to your property. If you need help to come up with a solution or if you have a special circumstance please contact [email protected] or call (301) 340-0288.

Sincerely,

Board of Directors New Mark Commons Homes Association, Inc.

New Mark Commons Board Agenda 4/6/2017 Page 122 of 159

2016 BUDGET - EXPENDITURES 2017 BUDGET - EXPENDITURES 4-6-2017 Board meeting

2017 2017 Interim Final ADMINISTRATIVE Budget Budget Notes ADMINISTRATOR-TOTAL COMPENS. 45,855 46,405 1 CONTRACTOR-ADMIN SUPPORT 5,000 10,200 2 PAYROLL TAX - SS/MEDICARE 3,439 3,469 TAXES - CORP/UNEMPL/PROP 835 835 STORM WATER MGMT. (SWM) FEE 16,761 16,761 3 SWM FEE REIMBURSEMENT 2011-17 - - MONTGOMERY CTY. - CCOC FEE 1,920 1,920 CCOC FEE REIMBURSEMENT 2017 - - INSURANCE 35,065 35,065 UTILITIES/PHONE & ELEC 5,000 5,200 ADMIN EXPENSES 3,200 4,200 NEWSLETTER-PRINTING/DELIVERY 3,060 3,060 4 PROF. SVCS / LEGAL 18,000 20,000 PROF. SVCS / ACCOUNTING 7,000 7,500 ENTERTAINMENT 5,000 7,500 WRITE OFF FOR BAD DEBT - - WEB SITE SUPPORT 1,000 1,500 PC SUPPORT - 1,500 SUBTOTAL 151,135 165,115

CLUBHOUSE & TENNIS UTILITIES - PHONE/GAS/ELEC 12,000 10,500 CH EXPENSES - PEST/ALARM 3,000 5,000 CH SUPPLIES 600 600 TENNIS 150 500 SUBTOTAL 15,750 16,600

POOL POOL MANAGEMENT 55,700 58,990 5 SWIM TEAM 7,200 7,200 6 FEES/LICENSES 1,200 1,300 POOL PASS SYSTEM 1,500 1,400 WATER 4,690 5,000 POOL SUPPLIES 1,000 2,100 POOL REPAIRS 5,000 4,000 7 SUBTOTAL 76,290 79,990

LAKE LAKE - ELECTRICITY 3,325 3,700 LAKE - MAINTENANCE CONTRACT 5,437 6,100 8 LAKE - MISC. EXPENSES 600 - SUBTOTAL 9,362 9,800 New Mark Commons Board Agenda 4/6/2017 Page 123 of 159

2017 2017 Interim Final Budget Budget Notes MAINTENANCE LAWN CONTRACT 46,736 46,734 9 CONTRACTED MAINTENANCE 5,495 5,500 MAINTENANCE EXPENSES 1,500 1,000 SNOW REMOVAL 24,900 25,000 TREE REMOVAL & REPLACE 23,360 23,500 LIGHTING MAINTENANCE 6,500 6,500 LANDSCAPE MAINTENANCE 8,250 8,250 LANDSCAPE PROJECTS 8,250 5,000 SUBTOTAL 124,991 121,484 GRAND TOTAL 377,528 392,989

SUMMARY OF EXPENSE VS. FUNDING

EXPENSES 377,528 392,989 TO COVER 2016 DEFICIT - - 377,528 392,989

FUNDING 2017 INCOME FROM DUES 324,267 326,861 INCREASE IN DUES ABOVE INTERIM INCOME - OTHER THAN DUES 53,261 36,205 OPERATING INCOME-CONTINGENCY FUND - - LOAN FROM RESERVE FUND - - TOTAL FUNDING 377,528 363,066

SURPLUS (DEFICIT) - (29,923) New Mark Commons Board Agenda 4/6/2017 Page 124 of 159

NEW MARK COMMONS HOMES ASSOCIATION, INC. P.O. BOX 4206 ROCKVILLE, MD 20849-4206 301-340-0288

2016 BUDGET - OPERATING INCOME 2017 BUDGET - OPERATING INCOME 4-6-2017 Board meeting 2017 2017 Interim Final Budget Budget Notes

DETACHED HOMES DUES 165,678 164,974 1 TOWNHOUSE DUES 158,589 160,438 2 SUBTOTAL - DUES 324,267 325,412

NON-RESIDENT DUES 23,750 23,750 3 LATE FEES 900 900 INTEREST FROM PAST DUE ACCOUNTS - 186 STORM WATER MGMT. FEE 16,761 - MONTGOMERY CTY. - CCOC FEE 1,920 - CLUBHOUSE RENTALS 3,300 3,300 GARAGE RENTAL 845 984 POOL GUESTS 2,000 2,300 NEWSLETTER INCOME 385 385 TRANSFER FEE 1,900 1,900 4 RESALE DOCUMENTS/OTHER INCOME 1,500 2,500 5 SUBTOTAL - INCOME OTHER THAN DUES 53,261 36,205

TOTAL OPERATING INCOME 377,528 361,617

2016 BUDGET - RESERVE FUND 2017 BUDGET - RESERVE FUND

DETACHED HOMES-RESERVE CONTRIBUTION 30,876 31 ,123 6 TOWNHOUSE-RESERVE CONTRIBUTION 43,043 43,387 7 TOTAL RESERVE FUND 73,919 74,510

TOTAL DUES AND OTHER INCOME 451,447 436,127 New Mark Commons Board Agenda 4/6/2017 Page 125 of 159

3/25/2017 Consumer Price Index Historical Tables for Washington­Baltimore, DC­MD­VA­WV : Mid–Atlantic Information Office : U.S. Bureau of Labor Statistics New Mark Commons Board Agenda 4/6/2017 Page 126 of 159 A to Z Index | FAQs | About BLS | Contact Us Subscribe to E­mail Updates

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Consumer Price Index Historical Tables for Washington­Baltimore, DC­MD­VA­WV

CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI­U) ALL ITEMS Washington­Baltimore, D.C.­Md.­Va.­W.Va. (November 1996=100) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Consumer Price Index 2007 129.956 131.945 132.982 134.442 134.678 135.151 2008 136.293 138.090 139.649 142.065 142.036 138.547 2009 137.598 138.620 139.311 140.810 140.945 140.718 2010 141.124 141.741 142.025 141.966 142.738 142.915 2011 144.327 146.044 147.554 147.747 147.658 147.565 2012 148.163 150.074 150.155 149.838 151.732 150.646 2013 150.845 152.188 151.908 152.657 153.532 153.160 2014 153.700 154.600 155.198 155.220 155.522 154.926 2015 153.376 154.984 155.880 155.546 156.278 155.820 2016 155.519 156.493 157.770 157.674 157.572 157.706 2017 158.086

Percent change from

12 months ago 2007 2.9 4.1 3.2 2.9 3.4 4.5 2008 4.9 4.7 5.0 5.7 5.5 2.5 2009 1.0 0.4 ­0.2 ­0.9 ­0.8 1.6 2010 2.6 2.3 1.9 0.8 1.3 1.6 2011 2.3 3.0 3.9 4.1 3.4 3.3 2012 2.7 2.8 1.8 1.4 2.8 2.1 2013 1.8 1.4 1.2 1.9 1.2 1.7 2014 1.9 1.6 2.2 1.7 1.3 1.2 2015 ­0.2 0.2 0.4 0.2 0.5 0.6 2016 1.4 1.0 1.2 1.4 0.8 1.2 2017 1.7

CONSUMER PRICE INDEX FOR URBAN WAGE EARNERS AND CLERICAL WORKERS (CPI­W) ALL ITEMS Washington­Baltimore, D.C.­Md.­Va.­W.Va. (November 1996=100) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Consumer Price Index 2007 128.978 131.234 132.330 133.766 134.277 134.844 2008 135.826 137.544 139.332 141.622 141.679 137.700 2009 136.359 137.539 138.510 140.434 140.701 140.608 2010 141.155 141.782 142.064 141.926 142.755 142.938 2011 144.556 146.572 148.638 148.294 148.352 148.038 2012 148.489 150.619 150.848 150.523 152.663 151.395 2013 151.407 152.849 152.309 153.211 154.123 153.471 2014 154.090 154.918 155.560 155.654 155.931 154.988 2015 153.167 154.846 155.545 155.567 156.234 155.609 2016 155.251 156.216 157.510 157.264 157.353 157.407 2017 158.176

https://www.bls.gov/regions/mid­atlantic/data/consumerpriceindexhistorical_washingtondc_table.htm 1/2 3/25/2017 Consumer Price Index Historical Tables for Washington­Baltimore, DC­MD­VA­WV : Mid–Atlantic Information Office : U.S. Bureau of Labor Statistics New Mark Commons Board Agenda 4/6/2017 Page 127 of 159 ALL ITEMS Washington­Baltimore, D.C.­Md.­Va.­W.Va. (November 1996=100) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Percent change from

12 months ago 2007 2.3 3.8 3.2 3.1 3.4 4.8 2008 5.3 4.8 5.3 5.9 5.5 2.1 2009 0.4 0.0 ­0.6 ­0.8 ­0.7 2.1 2010 3.5 3.1 2.6 1.1 1.5 1.7 2011 2.4 3.4 4.6 4.5 3.9 3.6 2012 2.7 2.8 1.5 1.5 2.9 2.3 2013 2.0 1.5 1.0 1.8 1.0 1.4 2014 1.8 1.4 2.1 1.6 1.2 1.0 2015 ­0.6 0.0 0.0 ­0.1 0.2 0.4 2016 1.4 0.9 1.3 1.1 0.7 1.2 2017 1.9

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https://www.bls.gov/regions/mid­atlantic/data/consumerpriceindexhistorical_washingtondc_table.htm 2/2 New Mark Commons Board Agenda 4/6/2017 Page 128 of 159 New Mark Commons Board Agenda 4/6/2017 Page 129 of 159 New Mark Commons Board Agenda 4/6/2017 Page 130 of 159 New Mark Commons Board Agenda 4/6/2017 Page 131 of 159 New Mark Commons Board Agenda 4/6/2017 Page 132 of 159 New Mark Commons Board Agenda 4/6/2017 Page 133 of 159 New Mark Commons Board Agenda 4/6/2017 Page 134 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC.

Financial Statements and Supplementary Information with Independent Auditors' Report

For the Year Ended December 31, 2016 with Summarized Totals For the Year Ended December 31, 2015

New Mark Commons Board Agenda 4/6/2017 Page 135 of 159

INDEPENDENT AUDITORS’ REPORT

Board of Directors The New Mark Commons Homes Association, Inc. Rockville, MD

Report on the Financial Statements

We have audited the accompanying financial statements of The New Mark Commons Homes Association, Inc., which comprise the balance sheet as of December 31, 2016 and the related statements of revenues, expenses and changes in fund balances, and cash flows for the year then ended, and the related notes to the financial statements.

Management’s Responsibility for the Financial Statements

Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

Auditors’ Responsibility

Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

New Mark Commons Board Agenda 4/6/2017 Page 136 of 159

The New Mark Commons Homes Association, Inc. Independent Auditors’ Report (Continued)

Opinion

In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of The New Mark Commons Homes Association, Inc. as of December 31, 2016, and the results of its operations and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America.

Report on Summarized Comparative Information

We have previously audited The New Mark Commons Homes Association, Inc.’s 2015 financial statements, and we expressed an unmodified opinion on those financial statements in our report dated May 4, 2016. In our opinion, the summarized comparative information presented herein as of and for the year ended December 31, 2015, is consistent, in all material respects, with the audited financial statements from which it has been derived.

Disclaimer of Opinion on Required Supplementary Information

Accounting principles generally accepted in the United States of America require that the supplementary information on future major repairs and replacements on pages 13 – 14 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Financial Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

DeLeon & Stang, CPAs Gaithersburg, Maryland Date ______

New Mark Commons Board Agenda 4/6/2017 Page 137 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Balance Sheet December 31, 2016 with Summarized Totals as of Decmber 31, 2015

Replacement Operating Reserve Total Fund Fund 2016 2015

ASSETS

Cash and cash equivalents 49,769$ 513,640$ 563,409$ 467,958$ Investments - - - 93,855 Assessments receivable (net of allowance for doubtful accounts of $3,980 in 2016) 6,387 - 6,387 9,798 Prepaid expenses 10,348 - 10,348 10,623 Due from replacement reserve 459 - 459 459 Property and equipment: Land 250,000 - 250,000 250,000 Building and improvements 332,945 - 332,945 334,817 Furniture and equipment 117,370 - 117,370 146,934 Lake and property 714,447 - 714,447 843,463 1,414,762 1,414,762 - 1,414,762 1,575,214 Accumulated depreciation (1,013,220) - (1,013,220) (1,144,748) Total property and equipment 401,542 - 401,542 430,466

TOTAL ASSETS $ 468,505 $ 513,640 $ 982,145 $ 1,013,159

LIABILITIES AND FUND BALANCE

Liabilities: Accounts payable 24,619$ 125$ $ 24,744 5,048$ CCOC ordered reimbursement 43,362 - 43,362 - Prepaid assessments 1,828 - 1,828 3,385 Due to operating - 459 459 459

Total Liabilities 69,809 584 70,393 8,892

Fund Balances: Operating fund 398,696 - 398,696 518,778 Repalcement reerve fund - 513,056 513,056 485,489

Total Fund Balances 398,696 513,056 911,752 1,004,267

TOTAL LIABILITIES AND FUND BALANCES $ 468,505 $ 513,640 $ 982,145 $ 1,013,159

See Accompanying Notes to the Financial Statements Page 2 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 138 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Statement of Revenues, Expenses and Changes in Fund Balances For the Year Ended December 31, 2016 with Summarized Totals for the Year Ended December 31, 2015

Replacement Operating Reserve Total Fund Fund 2016 2015

Revenues: Single family dues 164,500$ $ 33,444 197,944$ 197,016$ Townhouse dues 157,571 42,670 200,241 199,208 Non-resident dues 22,203 - 22,203 20,700 Storm water management fees 15,431 - 15,431 14,663 Other income 4,254 - 4,254 2,015 Interest - 3,407 3,407 2,883 Clubhouse rental 3,050 - 3,050 3,250 Pool guest fees 2,316 - 2,316 1,988 Interest - past due accounts 1,267 - 1,267 435 Commission on Common Ownership Communities fees 1,154 - 1,154 1,152 Late payment fees 896 - 896 772 Garage rental 845 - 845 841 Newsletter income 230 - 230 335

Total Revenues 373,717 79,521 453,238 445,258

Expenses: Administrative: Legal 47,628 - 47,628 15,132 Wages - administrator 45,855 - 45,855 44,955 CCOC ordered reimbursement 43,362 - 43,362 - Insurance 33,209 - 33,209 33,399 Depreciation 28,924 - 28,924 30,045 Storm water management 15,962 - 15,962 15,200 Entertainment 7,350 - 7,350 4,773 Accounting 6,975 - 6,975 6,672 Electricity 4,894 - 4,894 4,633 Computer fee 4,159 - 4,159 775 Bad debts (recoveries) 3,980 - 3,980 (4,504) Administrative 3,919 - 3,919 3,262 Payroll taxes 3,611 - 3,611 3,558 Printing 2,709 - 2,709 1,904 CCOC fees 1,920 - 1,920 1,152 Personal property taxes 972 - 972 1,364 Telephone 130 - 130 120

Total Administrative Expense 255,559 - 255,559 162,440 (Continued)

See Accompanying Notes to the Financial Statements Page 3 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 139 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Statement of Revenues, Expenses and Changes in Fund Balances (Continued) For the Year Ended December 31, 2016 with Summatized Totlas for the Year Ended December 31, 2015

Replacement Operating Reserve Total Fund Fund 2016 2015 Clubhouse and Tennis: Electricity, including pool pumps 5,814$ $ - 5,814$ 7,092$ Clubhouse expenses 5,622 - 5,622 2,896 Telephone 2,497 - 2,497 1,786 Gas 1,491 - 1,491 1,771 Supplies 588 - 588 382

Total Clubhouse and Tennis Expense 16,012 - 16,012 13,927 Pool and Swim Team: Pool management 52,980 - 52,980 47,612 Swim team 6,836 - 6,836 7,220 Water 4,690 - 4,690 3,438 Pool repairs 3,969 - 3,969 4,708 Pool supplies 2,142 - 2,142 1,798 Pass system 1,561 - 1,561 2,123 Fees and permits 1,288 - 1,288 1,195

Total Pool and Swim Team Expense 73,466 - 73,466 68,094 Lake: Fish and chemicals 5,747 - 5,747 5,315 Electricity 3,516 - 3,516 3,373 Fountain repairs - - - 669

Total Lake Expense 9,263 - 9,263 9,357

Property Maintenance: Lawn service 46,271 - 46,271 45,813 Tree removal 33,930 - 33,930 23,566 Snow removal 27,378 - 27,378 35,357 Landscape projects 9,555 - 9,555 2,313 Landscape maintenance 9,130 - 9,130 8,261 Path and lights 7,139 - 7,139 5,739 Contracted maintenance 4,990 - 4,990 5,400 Maintenance supplies 1,106 - 1,106 1,390 Reserve projects - 51,954 51,954 24,595

Total Property and Maintenance Expense 139,499 51,954 191,453 152,434

Total Expenses 493,799 51,954 545,753 406,252

Excess (Deficiency) of Revenues Over Expenses (120,082) 27,567 (92,515) 39,006 Fund Balances, Beginning of Year 518,778 485,489 1,004,267 965,261

Fund Balances, End of Year 398,696$ $ 513,056 911,752$ 1,004,267$

See Accompanying Notes to the Financial Statements Page 4 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 140 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Statement of Cash Flows For the Year Ended December 31, 2016 with Summarized Totals for the Year Ended December 31, 2015

Replacement Operating Reserve Total Equity Fund 2016 2015

Cash Flows From Operating Activities: Excess (Deficiency) of Revenues Over Expenses $ (120,082) $ 27,567 (92,515)$ 39,006$ Adjustments to Reconcile Excess (Deficiency) of Revenues Over Expenses to Net Cash Provided by (Used in) Operating Activities Depreciation 28,924 - 28,924 30,045 Provision for bad debts (recoveries) 3,980 - 3,980 (4,504) (Increase) decrease in: Assessments receivable (569) - (569) 747 Prepaid expenses (559) 834 275 676 Increase (decrease) in: Accounts payable 19,571 125 19,696 (12,198) CCOC ordered reimbursement 43,362 - 43,362 - Prepaid assessments (1,557) - (1,557) 135

Net Cash Provided by (Used in) Operating Activities (26,930) 28,526 1,596 53,907

Cash Flows From Investing Activities: Net redemption (purchase) of investments - 93,855 93,855 (511) Net Cash Provided by (Used in) Investing Activities - 93,855 93,855 (511)

Net Increase (Decrease) in Cash and Cash Equivalents (26,930) 122,381 95,451 53,396

Cash and Cash Equivalents, Beginning of Year 76,699 391,259 467,958 414,562

Cash and Cash Equivalents, End of Year $ 49,769 $ 513,640 563,409$ 467,958$

See Accompanying Notes to the Financial Statements Page 5 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 141 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Notes to the Financial Statements December 31, 2016

NOTE 1 - NATURE OF ORGANIZATION

The New Mark Commons Homes Association, Inc. (Association) was incorporated under Maryland statutes in October 1967 as a non-stock entity. The general purpose of the Association is to maintain the buildings, recreational facilities and surrounding grounds for the homeowners of the New Mark Commons Community. The community consists of 384 residential units located in Rockville, Maryland.

NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

A summary of the significant accounting policies followed by the Association is set forth below:

Basis of Accounting

The Association maintains its records on the accrual basis.

Estimates

The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates.

Fund Accounting

The Association uses fund accounting, which requires that funds, such as operating funds and replacement reserve funds designated for future major repairs and replacements, be classified separately for accounting and reporting purposes. Disbursements from the operating fund are generally at the discretion of the Board of Directors and Property Manager. Disbursements from the replacement reserve may be made only for designated purposes.

Fair Value of Financial Instruments

The Association currently does not measure any of its assets or liabilities at fair value and is not required under U.S. generally accepted accounting principles to disclose the fair value of its financial instruments.

Page 6 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 142 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Notes to the Financial Statements (Continued) December 31, 2016

NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

Cash Equivalents

The Association considers all cash demand balances and all highly liquid instruments purchased with an original maturity of three months or less to be cash equivalents.

Investments

The Association’s investment consists of a certificate of deposit recorded at cost, which approximates fair value.

Assessments

Association members are subject to annual assessments to provide funds for the Association’s operating expenses, future capital acquisitions, and major repairs and replacements. Assessments receivable at the balance sheet dates represent assessments and late fees due from the home owners. The Association recognizes late fees in revenues when assessed against the respective homeowner. The Association’s policy is to retain legal counsel and place liens on the properties of homeowners whose assessments are ninety days or more delinquent. An allowance for bad debts has been established as the Association currently anticipates a loss on some receivables. Delinquent assessments may be written off if liens cannot be enforced though other collection activity may continue in an attempt to recover revenue.

The Association’s Board of Directors has the ability, with proper approval by the membership, to pass special assessments when and if the need arises.

Assessments over ninety days delinquent were $10,367 and $9,798, as of December 31, 2016 and 2015, respectively.

Four (4) unit owners make up 81% of assessments receivable as of December 31, 2016. Three (3) unit owners make up 87% if assessments receivable as of December 31, 2015.

Page 7 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 143 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Notes to the Financial Statements (Continued) December 31, 2016

NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

Depreciation

Property and equipment are stated at historical cost, less accumulated depreciation. Depreciation is computed over the estimated useful lives of the depreciable assets using accelerated and straight line methods. The estimated useful lives of the assets are as follows:

Building and improvement 7 – 39 years Furniture and equipment 5 – 15 years Lake and property improvements 5 – 15 years

The Board adopted a policy in 2008 under which it capitalizes individual purchases of personal property that exceeds a cost of $3,000 and has a life of 3 years or longer.

Commonly Owned Property

It is the Association’s policy not to record the originally donated value of land, buildings and donated assets in the financial statements since covenants restrict the Association’s ability to sell or dispose of these assets.

Interest Income

Interest income is allocated to the replacement reserve fund.

Comparative Financial Statements

The financial statements include certain prior year summarized comparative information in total, but not by fund balances. Such information does not include sufficient detail to constitute a presentation in conformity with accounting principles generally accepted in the Unites States of America. Accordingly, such information should be read in conjunction with the Association’s financial statements for the year ended December 31, 2015 from which the summarized information was derived.

Subsequent Events

The Association has evaluated the financial statements for subsequent events recording or disclosure through ______, 2017, the date the financial statements were available for issuance.

Reclassification

Certain accounts in the prior year financial statements have been reclassified to conform to the current year presentation.

Page 8 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 144 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Notes to the Financial Statements (Continued) December 31, 2016

NOTE 3 - CASH AND INTEREST BEARING DEPOSITS

As of December 31, the Association maintained its funds in the following manner:

Cash Type Maturity Interest and Cash Institution Account Date Rate Equivalents Investments Total 2016 Bank of America Checking $ 49,225 -$ 49,225$ Undeposited Funds Cash 544 - 544 Monument Bank Money market 244,360 - 244,360 Congressional Bank Money market 269,280 - 269,280 Congressional Bank Certificate of deposit 3/13/2016 0.39% - - -

Totals $ 563,409 -$ 563,409$

2015 Bank of America Checking $ 76,155 -$ 76,155$ Undeposited Funds Cash 544 - 544 Monument Bank Money market 242,292 - 242,292 Congressional Bank Money market 148,967 - 148,967 Congressional Bank Certificate of deposit 3/13/2016 0.39% - 93,855 93,855 Totals $ 467,958 93,855$ 561,813$

NOTE 4 - PROPERTY AND EQUIPMENT

At December 31, property and equipment consists of the following:

2016 2015 Land 250,000$ 250,000$ Buildings 332,945 334,817 Furniture and equipment 117,370 146,934 Lake and property improvements 714,447 843,463 1,4 14 ,762$ 1,414,762$ 1,575,214$ Less: accumulated depreciation (1,013,220) (1,144,748)

4 01 ,542$ 401,542$ 430,466$

Depreciation expense was $28,924 and $30,045 for the years ended December 31, 2016 and 2015, respectively.

Page 9 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 145 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Notes to the Financial Statements (Continued) December 31, 2016

NOTE 5 - FUTURE MAJOR REPAIRS AND REPLACEMENTS

The Association’s governing documents do not require that funds be accumulated for future major repairs and replacements; however, the Association has elected to set aside funds for replacement reserves. Accumulated funds are generally not available for expenditures for normal operations.

Reserve Advisors, Inc. conducted a study in 2008 (dated January 5, 2009) to estimate the remaining useful lives and the replacement cost of the components of common property. The estimates were based on 2008 estimated replacement costs. The table included in the Unaudited Supplementary Information on Future Major Repairs and Replacements is based on the study. The study recommended a reserve contribution of $106,800 for 2016.

The Association is funding for future major repairs and replacements over the remaining useful lives of the components based on the study’s estimates of the replacement costs and considering amounts previously accumulated in the replacement reserves. The funding amount of $76,114 from assessments and $3,407 of interest income have been included in the 2016 financial statements.

Actual expenditures and investment income may vary from the estimated future expenditures, and the variations may be material; therefore, amounts accumulated in the replacement reserves may or may not be adequate to meet all future needs for repairs and replacements. If additional funds are needed, the Board of Directors, on behalf of the Association, may increase regular assessments to defray in sole or in part the cost of unexpected repairs or replacements of a capital improvement in a common area.

As of December 31, 2016 and 2015, the operating fund was owed $459 from the replacement reserve fund.

NOTE 6 - OWNERS’ ASSESSMENTS

Annual assessments to owners ranged from $984 to $1,118 and $979 to $1,112 in 2016 and 2015, respectively. Of these amounts, approximately $176 to $220 was designated to the replacement reserves in both 2016 and 2015.

Page 10 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 146 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Notes to the Financial Statements (Continued) December 31, 2016

NOTE 7 INCOME TAXES

The Association may be taxed either as a homeowners’ association or as a regular corporation. For the years ended December 31, 2016 and 2015, the Association was taxed as a homeowners’ association, in accordance with Internal Revenue Code Section 528. Under that Section, the Association is not taxed on uniform assessments to members and other income received from members solely as a function of their membership in the Association. The Association is taxed on its investment income and other non-exempt function income. There was no income tax expense for 2016 and 2015.

NOTE 8 - PASS THROUGH EXPENSES

The Association passes the fees from the Montgomery County Commission on Common Ownership Communities and Storm Water Management through to the community’s homeowners.

NOTE 9 - CCOC ORDERED REIMBURSEMENT

A unit owner filed a complaint with the Montgomery County Commission on Common Ownership Communities (CCOC) in 2016. The unit owner claimed that the Association had been unlawfully charging members of the Association a storm water management fee for over six (6) years and that owners of townhomes were charged approximately three (3) times as much as owners of single family homes.

On February 3, 2017, the CCOC ruled that by improperly imposing a pass thru of the storm water management fee to the townhome owners in an amount that exceeds the amount charged to the single family owners, the Association overcharged the townhome owners $219 from 2011 through 2016. The Association was ordered to reimburse the $219 to the owners of townhomes that owned townhomes from 2011 through 2016. For owners that owned townhomes for a portion of this period, the amount to be reimbursed will be equal to the difference between the amount charged to the owners of single family homes and the amount charged to the owners of the townhomes.

The total amount to be reimbursed to the 198 townhome owners is $43,362 and is reflected as a payable titled CCOC ordered reimbursement on the accompanying balance sheet.

Page 11 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 147 of 159

Supplementary Information

New Mark Commons Board Agenda 4/6/2017 Page 148 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Supplementary Information on Future Major Repairs and Replacements December 31, 2016 (Unaudited)

An independent engineer conducted a Precision 20/20 study in 2008 to estimate the remaining useful lives and the replacement costs of the components of common property. Replacement costs were based on the estimated costs to repair or replace the common property components at the date of the study. Estimated future replacement costs have not been revised since that date. The study assumed a 3.4% rate of inflation and a 3.4% rate of return on investments.

The following information is based on the reserve study and presents significant information about the components of common property at the time the study was completed.

2008 2008 Estimated Estimated Estimated Remaining 2008 Cost of Future 1st Year of Useful Replacement Costs of Replacement Life (Years) Per Phase Replacement Components: Bridge 2030 20 $ 8,700 $ 17,593 Dredging 2015 5 235,000 1,251,170 Lake, erosion control 2015 5 95,000 505,792 Lake, aeration system 2020 10 14,900 54,865 Asphalt pavement - crack repair, patch and seal coat 2015-2017 5-7 35,980 339,445 Asphalt pavement - mill and overlay 2011-2013 1-3 233,870 259,054 Asphalt pavement - total replacement 2031-2033 21-23 449,750 974,176 Asphalt pavement, basketball court 2025 15 10,175 17,399 Asphalt pavement, walking path 2011 1 33,165 182,867 Catch basins, replacements 2031 21 30,100 195,339 Catch basins, capital repairs 2011 1 6,300 20,908 Concrete flatwork, partial replacement 2009 1 15,500 830,786 Fences, metal chain link 2010 1 25,500 85,336 Fences, wood (near tot lot) 2010 1 3,025 9,043 Garage roof, flat 2014 4 6,720 23,486 Light fixtures, access drives and parking areas 2017 7 46,000 60,153 Light fixtures, walking paths 2012 2 33,250 113,656 Retaining walls, masonry 2030 20 12,300 24,872 Retaining wall, timber 2011 1 63,000 67,370 Landscape, erosion control 2010 1 20,000 196,528 Tennis and basketball courts, color coat 2010 1 17,776 144,277 Tennis and basketball courts, fence 2025 15 16,530 28,267 Tennis courts, surface replacement 2025 15 35,280 60,329 Tot lot 2024 14 42,000 69,452 (Continued)

Page 13 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 149 of 159

THE NEW MARK COMMONS HOMES ASSOCIATION, INC. Supplementary Information on Future Repairs and Replacements (Continued) December 31, 2016 (Unaudited) 2008 2008 Estimated Estimated Estimated Remaining 2008 Cost of Future 1st Year of Useful Replacement Costs of Replacement Life (Years) Per Phase Replacement Components: Balcony, wood 2031 21 4,300 8,992 Kitchen renovations, including appliances 2017 7 9,425 30,755 Building services equipment, furnace and water heater 2009 1 10,600 29,983 Building services equipment, split systems 2026 16 22,400 39,611 Floors, wood refinishing 2016 6 6,400 35,236 Furniture 2016 6 6,200 19,564 Paint finished, interior 2016 6 9,200 50,653 Rest rooms and shower rooms, renovations 2013 3 19,000 68,710 Roof, asphalt shingles 2018 8 8,740 34,930 Walls. masonry, inspections and partial repairs 2011 1 8,700 40,506 Concrete deck 2010 1 16,470 85,100 Cover 2010 1 9,843 63,656 Diving board and life guard chairs 2011 1 12,700 36,805 Fence, metal, paint finishes and capital repairs 2014 4 6,210 47,497 Fence, metal replacement 2027 17 35,100 64,185 Furniture, capital repairs 2016 6 7,000 22,089 Furniture, replacement 2010 1 15,000 73,394 Mechanical equipment 2010 1 7,200 108,015 Plaster finish resurface and tile repairs 2015 5 43,250 172,224 Structures and deck, total replacement 2027 17 563,200 1,029,884 Sun shade 2027 17 6,600 12,069 Reserve study update with site visit 2011 1 4,200 4,200 $ 7,610,221

Page 14 DRAFT 02/24/17 New Mark Commons Board Agenda 4/6/2017 Page 150 of 159

Rockville’s Organizing Communities and Neighborhoods

(ROC-N) Matching Grant Program

Neighborhood Resources - 240-314-8340 New Mark Commons Board Agenda 4/6/2017 Page 151 of 159

The ROC-N Matching Grant Program was established for neighborhood and community groups that need monetary assistance to support projects and initiatives within their neighborhoods or community. The goal of the program is to increase neighborhood connectivity and organizational capacity by engaging residents in various community service projects. The grant program is built upon the premise that the people who live and work in a community are its most valuable resource.

Program Summary This program provides City funding for a matching grant initiative to be offered to interested citizen groups. Grant funding will be available on a 50/50 match basis (up to $1,000) for any qualified, citizen group association project. Matching funds may be in the form of cash or in- kind services such as volunteer hours, donated supplies or equipment. Those eligible may receive one grant per fiscal year budget period. City staff will review each application for final approval. The same project may be submitted for no more than three consecutive years.

Applications for grant projects are required to meet at least one of the following criteria: • Strengthen and improve neighborhood organizations and citizen groups. • Improve the appearance of City neighborhoods or the Rockville community. • Advance inter-neighborhood or community cooperation.

Projects could include, but are not limited to: • Landscaping or irrigation equipment • Special events • Cleanup activities • Beautification • Park development/improvement • After-school activities • Neighborhood watch programs • Neighborhood outreach and community service programs

City of Rockville • ROC-N - Matching Grant Program 1 New Mark Commons Board Agenda 4/6/2017 Page 152 of 159

To be eligible, the neighborhood or community organization must: • Show proof of regular membership meetings. • Provide a copy of by-laws and/or Articles of Incorporation that includes a list of current officers and a copy of the organizational budget (if applicable). • Provide evidence of an ability to maintain the project (if applicable). • Provide evidence of the availability of the required match in the form of dollars or in-kind services for the grant project specified. • Ensure that the project meets all applicable City laws, codes and policies. • Complete the attached application.

Organization’s Match Through the ROC-N Neighborhood Matching Grant Program, organizations and their projects are eligible for up to $1,000 each fiscal year. There is a 1:1 match requirement for any amount received from the grant. For every dollar requested from the grant program, the neighborhood must provide matched items that are at least equal to the value of the amount requested. So, if $1,000 is requested, then at least $1,000 of match must be proposed (and provided, if an award is made). At least 25 percent of the match must be in the form of volunteer hours.

2 ROC-N - Matching Grant Program • City of Rockville New Mark Commons Board Agenda 4/6/2017 Page 153 of 159

Evaluation Criteria Possible Points Community Involvement - Project reflects agreement of a majority of the affected neighbors and community (20 points) 40 - Proposal demonstrates direct involvement of residents in all phases (20 points) Tangible Neighborhood Benefit - Project results in an observable physical improvement to the neighborhood or a measurable change in sense of local community (6 points) 30 - Project emphasizes self-help (6 points) - Project emphasizes community involvement (6 points) - Project emphasizes quality of life (6 points) - Project is sustainable (6 points) Project Readiness - Project clearly defines an identified need in the community with attainable goals (4 points) 10 - Project Budget is based on a reasonable, defendable costs and specifications (3 points) - Project is well planned, ready to proceed (3 points) Neighborhood Match - Matching portion of the grant meets the 1:1 requirement (10 points) 30 - Project has a 25% match for volunteer hours (10 points) - Project is matched with 100% volunteer hours (10 bonus points) Total Possible Points 110

Criteria details: CriteriaIf applicable, details: community involvement can include collaboration between neighbors and non-residential groups such as businesses, schools, or non-profit If applicable, community involvement can include collaboration between neighbors and non- organizations in the neighborhood. residentialFor groupsphysical such improvements, as businesses, sustainability schools, or non-profitmust be addressed. organizations in the neighborhood. For physical improvements, sustainability must be addressed.

Selection The staff committee will review grant applications twice annually on October 15 and April 15 and funds will be disbursed according to funds availability. Funds are appropriated on a yearly basis. Applicants may be asked to provide additional information, if warranted.

Please contact the Neighborhood Resources Office at 240-314-8340 for further information.

City of Rockville • ROC-N - Matching Grant Program 3 New Mark Commons Board Agenda 4/6/2017 Page 154 of 159

Applicant Information

Applicant Organization or Description New Mark Commons Homes Association, Inc. ______Grant Contact Person Jim Denny, Administrator ______Mailing Address

P.O. BOX 426, ROCKVILLE, MD 20850 ______Day Phone Number (301) 340-0288 Alternate Phone Number (301) 704-3673 ______Project Name

New Mark Commons 50th Anniversary Commemoration ______Tax/ Business ID Number 52-0950654

______

Project Information Primary Objective: Select the category that best describes this community project. þ Neighborhood outreach, organizing and service q Neighborhood preservation and improvements q Special events q Technical and/or equipment purchase

Describe how the project will benefit the community. 2017 marks 50 years - in September 1967 - since the first model homes were opened in New Mark Commons, one of the first planned unit developments to be approved under an ordinance adopted by the City of Rockville in 1964.

4 ROC-N - Matching Grant Program • City of Rockville New Mark Commons Board Agenda 4/6/2017 Page 155 of 159 The builder, Edmund Bennett, and architects Keyes, Lethbridge & Condon shared the joint vision of introducing affordable contemporary, modern architecture in preserved natural surroundings, and New Mark became one of the first in the country to pursue such ideas and set a new pace for community planning.

In recognition of that important history, the Mayor and Council of Rockville and the Rockville Historic District Commission in 2016 approved our application to be listed on the National Register of Historic Places that is pending before the .

After 50 years, however, some parts of our neighborhood and infrastructure have fallen short of keeping up with the architectural guidelines and standards for maintenance as outlined in our Covenants. While the Architectural Control Committee, the Board of Directors and a special committee are working hard to uphold the standards, there is a pressing need to renew NMC homeowners’ knowledge of the community’s special history, renew residents’ awareness of and pride in our community’s unique planning and style, and generate a new commitment to maintaining that style and tradition.

We plan to conceive and document a process to achieve this by publishing a compendium and guidebook to commemorate our 50th anniversary. It will include historical material from the homeowners’ association’s archives and comments and photos from original and longtime residents about then and now - including reflections on positive and less desirable changes that have occurred. In effect, we hope the document will become a strategic assessment and long-term vision based on the views of residents, and in collaboration with the Board of Directors.

The draft publication content includes:

I. New Mark Commons at 50 years a. Why are we unique? (Background on City of Rockville’s thinking behind the 1964 rule) b. Edmund Bennett’s vision for the neighborhood (explanation of mid-century modernism and situated neighborhood planning) c. The Covenants – why they exist, what they mean d. Are we living up to the standards? Is it time to update the Covenants? II. New Mark remembers when it started a. Who are the original residents? b. Interviews and photos: What has improved, what has declined? Where do we go from here? III. How New Mark Grew a. Community solidarity in the face of development pressure from several sides b. Multi-generational families: Children grow up, and live near their parents. c. The Swim Team – The Glue of the Community

Describe how members of your community will be involved in the implementation of this project:

The 16 members of our committee, along with guidance and help from Peerless Rockville, will be working together to reach out to neighbors with interviews not only with original residents but also with newer ones. We want to use the 50th anniversary as a stocktaking of our current situation, and start a discussion about the vision for our future.

Part of that work will involve committee members updating their own working knowledge of the Covenants, so they are able to discuss the provisions and the possible need for an update with each of our 384 households (about half detached homes, half townhomes). We plan to develop a survey that will be distributed either in printed form or in personal interviews, with the hope of reaching each individual household.

4a ROC-N - Matching Grant Program • City of Rockville New Mark Commons Board Agenda 4/6/2017 Page 156 of 159 We will ask especially early/long-time residents – at least 40 original owners – to reflect on what life was like in New Mark in the beginning, and how it has changed. How do they see the community going forward?

We will be documenting this work through the year, with the culmination in a special publication about our history. Estimated cost of 450 books, 30 pages each: $1,028.50

4b ROC-N - Matching Grant Program • City of Rockville New Mark Commons Board Agenda 4/6/2017 Page 157 of 159

BUDGET WORKSHEET Directions for budget worksheet: Lines: 1. Amount you are requesting from the City of Rockville (maximum of $1,000) 2. Amount of cash from neighborhood or community group 3. Total amount of cash for project 4. Amount from Worksheet A 5. Amount from Worksheet B (must equal at least 25 percent of amount in line 1) 6. Total in-kind donations 7. Total project revenue 8. Amount from Worksheet A (amount should equal line 4) 9. Amount from Worksheet B (amount should equal line 5) 10-18. Items and services that are needed, that are not included in Worksheets A and B. 19. Total project expenditure (should equal line 7) Amount ($) Revenues 1 Grant requested from City...... 1 ______1,000.00 2 Cash from neighborhood association or community group...... 2 ----- 3 Add the amounts in lines 1 and 2, this is your Total Cash...... 3 _1000.00,______4 Amount of donated materials and supplies (Worksheet A)...... 4______----- 5 Amount of volunteer labor (1 hour equals $20) (Worksheet B)...... 5 ______4,400.00 6 Add the amounts in lines 4 and 5, this is your Total In-kind Contribution...... 6 4,400.00 7 Add the amounts in lines 3 and 6, this is your Total Project Revenue*...... 7 5,400.00__ Expenses 8 Amount of donated materials and supplies (Worksheet A) ...... 8______------9 Amount of volunteer labor (1 hour equals $20) (Worksheet B)...... 9 4,400.00 Please list Items and Services to be purchased for implementation of project 10 ______Printing services for 30-page book, 450 Copies 10 ______1,000.00 11 ______Peerless Rockville support 11 ______-0- 12 ______Training/consultant from CCOC 12 ______-0- 13 ______13 ______14 ______14 ______15 ______15 ______16 ______16 ______17 ______17 ______18 ______18 ______19 Add the amounts in lines 8 through 18, this is your Total Project Expense* ...... 19 ______5,400.00 *Lines 7 and 19 must be equal Please fill out lines 10 through 18 with materials or services that will be purchased

City of Rockville • ROC-N - Matching Grant Program 5 New Mark Commons Board Agenda 4/6/2017 Page 158 of 159

ROC-N GRANT WORKSHEET “A” DONATED MATERIALS AND SUPPLIES

Amount or value Description of item donated Name of person or organization donating of donation ($)

______

______

______

______

______

______

______

______

______

______

______

______

______

______

______

______Total

6 ROC-N - Matching Grant Program • City of Rockville New Mark Commons Board Agenda 4/6/2017 Page 159 of 159

ROC-N GRANT WORKSHEET “B” VOLUNTEER LABOR WORKSHEET

Hours of Name of volunteer Brief description of duties Volunteer labor

Pat Reber Interviewing original residents 40 ______

Sima Osdoby Coordinating with Peerless Rockville 10 ______

Judy Rudolph Writing and editing 20 ______

Margaret Chao Phone calls 10 ______

John Hansman Organization 10 ______

Raj Gupta Interviews and organization 10 ______

David Sloane Photography ______20

Arthur Katz Photography 20 ______

Steve Krasnow Interviews 10 ______

Rakesh Peter Interview 10 ______10 Joe Jordan Interview ______10 Sandra Clark Interviews ______

Jerry Cassidy Interviews 10 ______

Andrea Masser Interviews 10 ______10 Interviews ______Bhavana Peter

Natalie Gora Interviews 10 ______Total Hours 220 (1 hour of volunteer work/labor is valued at $20) City of Rockville • ROC-N - Matching Grant Program 7