November 11, 2008 Board Minutes
The meeting was held at the Firehouse. In attendance were, Tom Gering ,Jodi Jacobson, Eric Cohen, Sherri Spykerman, John Corcoran, and Manager Keith Edquist. Guests were owners Alan Richman and Tim Lindholm.
Approval of Minutes—There was a motion, seconded and carried unanimously, to approve the October 14, 2008 minutes with the following change regarding “proof” in the last sentence in the paragraph headed Construction deposit, water tap fee and owner Smart that sentence now reads “There was a motion, seconded and approved unanimously, that if proof that the water tap fee has previously been paid is not received by the end of October, then the $1000 tap fee will be due within 30 days, or November 30th, 2008.”
Regarding Riparian Setbacks from Little Elk Creek-Alan Richman–Mr. Richman introduced himself as a professional land planner, and owner of Lot in Little Elk Creek. He made a brief presentation regarding work he has done on behalf of owners Stahl (Lot 14 Blk 3) and
Lindholm (Lot 4 Blk 3) over the last year. This work involves seeking from Pitkin County a change in the 2006 Land Use Code for riparian setback requirement from the present 100 feet to a proposed 50 feet for “existing non-conforming” structures. The Stahl and Lindholm lots are affected by this code because of their proximity to Little Elk Creek. The purpose for asking the change is to allow construction of improvements on those lots which the present setback ordinance would not allow.
Mr. Richman stated that this proposal was brought to Pitkin County Planning and Zoning in May of this year, and action there was deferred until October. In the interim, the owners discussed whether this should be brought to the attention of the LEC Board, and of other LEC owners with “existing, non-conforming structures” Ultimately, Planning and Zoning indicated that body would like a response from the Association on this matter. Consequently, Mr. Richman and Mr. Lindholm attended this evening’s meeting. Mr. Richman stated that other owners in LEC have not been notified, but that public notice has been published in the paper. Mr. Richman offered to supply the Board with the County’s written report which determined that Little Elk Creek is indeed a “creek” and not a “ditch”.
The Board discussed this matter to determine if it were truly an Association concern, or if it solely affects only those property owners in Little Elk Creek that have property within its 100 foot riparian setback. The Board’s final determination, by motion, seconded and carried unanimously, was to remain neutral on the issue and simply report the Board as having “no objection” to pursuit of the proposed change by the involved owners. In addition, Mr. Richman was asked to provide the above mentioned written report to manager Edquist. The motion also required Mr. Richman and Mr. Lindholm and Mr. Stahl to inform the other Little Elk Creek owners who are impacted by this proposed setback change. Those owners are Smart, Jacob, Gates, Hedges, Oppenheimer, Stahl and Lindholm. Mr. Richman agreed to have Lance Clark, Assistant Director of Community Development make such notification.
Financial Reports-accountant Bruce Anderson provided the most recent financials for Board review. Treasurer Corcoran was to call Mr. Anderson for clarification of some line items and in regard to the report format the Board is provided.
Return of construction deposits-The Board approved return of construction deposits to Cohen and Livingston, after reports from John Corcoran on his visits to both properties.
Road work-Road work done by Martin MacDonald Paving on behalf of individual owners Gates, Gardner and Tonare was approved to be billed directly to these owners.
Construction deposit, water tap fee and owner Smart –Mr. Smart was invited by email and by phone calls from management to attend this evening’s meeting and discuss what is being done as regards construction on the barn on Lot 3 Blk 1. At the time of the meeting, there was no response from Mr. Smart to the Board’s request. Discussion followed as to what course of action should be taken, with the Board finally withdrawing a motion which would have had Manager Edquist contact the Pitkin County building department in regard to what has been approved and inspected for on this lot, since answers to the Board’s inquiries about the need for the water tap combined with the lack of a septic system have not been forthcoming. In the September minutes, Mr. Edquist was asked to make a site visit to the property, and to inform Mr. Smart that the refundable $3000 construction deposit was due the association. Discussion concluded with the notion that more information on this matter should be forthcoming by the date of the December meeting.
Unfinished Business-
– Tonare construction activity-Manager Edquist reported he had visited the lot and seen a deep trench dug and a foundation wall poured adjacent to an existing structure on the property. The Board determined there should be no more work done without provision of notice to the Board and signoffs by neighbors. When Mr. Edquist called Mr. Tonare, he was told that an old shed had been torn down, and a new foundation placed before the ground might freeze in this location. Mr. Tonare stated nothing more would be done there this year, and that when he proposes to build a new structure in this location, he will notify the Board and acquire the proper signoffs for such work from his neighbors.
Political signs—The Board discussed political signage. Under current Colorado law an association can limit the size, number, placement and the duration of display of political signs, but cannot otherwise prohibit them. Association rules regarding political signage cannot be more restrictive than local city or county ordinance. No action was taken by the Board in this meeting regarding political signs. The following was posted on the website’s “Good Neighbor Policy”.
An association must allow the display of at least one political sign per candidate or ballot issue on a unit owner or occupant’s property or window at least 45 days before and 7 days after an election. An association may regulate the size of the sign, but must allow the lesser of the size allowed by any applicable local ordinance or 36 x 48 inches . [38-33.3-106.5(1)(c)]
Little Elk Creek Ditch Company-LEC has been billed $965.70 for work done to the Little Elk Creek Ditch in May 2007 and $261 for annual dues. Backup information is needed on what work was done. In addition, we requested the info on all current parties/parcels who have shares with the LEC Ditch Co. Sherri has been in contact with Dan Oppenheimer about this, as Dan is the LEC Ditch Company president. He has informed us of the following breakdown: Clark 35%
LECV 28.75%
Millers 21.25%
Polsky 8.75%
Brad Day-Caretaker for ? 6.25%
We have requested confirmation that all parties have also been invoiced for their fair share of this work.
As there has been inconsistency in the accounting of the Ditch Co, additional requests have been made to see specific accounting information. Dan has passed this info to Veronika Miller, the treasurer.
Snow Removal-Good Earth has been signed for snow removal this winter. If individual homeowners would also like to contract with them, their number is posted on the website.
There being no other business to come before the Board, there followed a motion to adjourn at 8:50 pm.
Respectfully submitted,
Keith M. Edquist, Association Manager
Sherri Spykerman, President