Board of Trustees Meeting October 13, 2009

The meeting was held at the Firehouse. In attendance were: Kent Meager, Jodi Jacobson, Sherri Spykerman, John Corcoran and Manager Edquist. Director Tom Gering was unable to attend. Guests and Owners attending were accountant Bruce Anderson and Tim Lindholm

Architectural Control Authority-

There was extended discussion by the Board with owner Lindholm in regard to his submission of plans for construction at 0140 Alexander Avenue. The Board reviewed plans for the Garage/CDU application, which included a letter to the Board dated 10/5/09 from Mr. Lindholm seeking final approval for the Garage/CDU Plan, his Activity Envelope and Site Plan, and the Photovoltaic (PV) System Plan. Tim said he was attempting to get a variance from Pitkin County in regard to the overall height of the Photovoltaic installation, and also for a variance from setbacks for these, as they will rotate following the sun and overlap the prescribed setbacks. The County determination on these issues was not available at the time of this meeting.

The Board reviewed 2 sets of full size plans for the above, one set of which was signed by neighbors, Gloz, Sabella, Cottrell, Minceburg, and Richman indicating review of all three aspects. Also included was a 12” by 18” document indicating signature by neighbor Stahl for the activity envelope and garage/CDU, but without signature in regard to the Photovoltaic Plan. Owner Stahl and owner Gloz are concerned about the appearance of these photovoltaic panels. Owner Stahl so indicated on the 12’ by 18” “project overview” sheet supplied by Mr. Lindholm as part of his submission, and owner Gloz indicated her concerns regarding inadequate landscape screening in a separate letter delivered by Manager Edquist to the meeting.

Mr. Edquist indicated the requested proof of adequate water supply letter due Pitco had been provided to Mr. Lindholm by the LECVHOA as requested in his October 5, 2009 addressed to the Architectural Control Authority. There followed a motion, discussed and then seconded and passed unanimously, to approve the submitted plans for the Activity Envelope, Garage/CDU, but not to approve the Photovoltaic Plan, conditioned upon receipt of the required $3000.00 Construction Deposit. In addition, this approval did not include approval of the main house plans if there are any significant changes to the house plans as originally presented to the ACA in its July 14, 2009 meeting. Mr. Lindholm wrote check # 1048 on his account to the LECVHOA for $3000. This check was handed to accountant Bruce Anderson.

As discussed, the Photovoltaic Plan is to come back to the ACA for review at a later date.

Approval of Minutes—the Board reviewed the minutes from the September Board meeting. The minutes were approved and will be posted to the website.

Financial Reports-– Accountant Bruce Anderson said computer failure prohibited production of the financial reports this month. He expected to email the Board the reports the following day. Bruce had also requested from Pitkin County the land use application for the Stahl construction. This was a 70 plus page document, and Jodi Jacobsen was to review this and advise the Board if they needed to provide any comment to the County prior to the November 17th deadline.

Unfinished Business-

Manager Edquist reported that the play structure had been power washed and stained, and requested and received permission to order a new infant swing and hardware for the playground. He said there was some work yet to do to secure the slide, and that he had not yet received any plans for the playground renovation from architect and LEC owner John Ott.

Discussion passed to the need for periodic financial review by the Association. There has not been such a review conducted in some time. Mr. Anderson has been doing the Little Elk books since 1992, with tax preparation done by another firm. The Board discussed its fiduciary responsibility in respect of this. President Spykerman was to do some research on expected costs of a review and report to the directors before the November meeting.

The Pates home was again discussed, President Spykerman saying she had discussed the matter with attorney Hal Dischler, who thought legal expense in compelling demolition would exceed the cost of demolition. Sherri found the expected cost to be $6 per square foot. It is noted that the house is still open, and has not been sealed up as requested by Pitkin County. Director Meager was to follow up with County official Tony Fusaro in regard to this, and report at the next meeting.

The Smart barn was again discussed, with the underlying problem being that of compliance with the covenants for any future projects undertaken in the neighborhood. The Board noted that the barn remodel is still not complete, that Mr. Smart may be constructing an apartment/CDU on this lot, that the project was undertaken without a construction deposit, and that a water tap has always preceded construction of a single family dwelling in Little Elk, and never for remodel of an existing barn structure. Construction of an apartment on this lot in advance of a single family dwelling might set a precedent for other lots in the subdivision to construct CDU’s.

Mr. Edquist was asked to review prior correspondence with Mr. Smart, including attorney’s letters, and then to draft a letter to Mr. Smart for Board approval.

New Business-

Mr. Edquist was also asked to recap the association’s present insurance coverage and make a report on this to the Board at the next meeting. Sherri reported briefly on the water system, which is still leaking somewhere, despite repair of a leak on the Gardner service line.

There being no other business to come before the Board, there followed a motion to adjourn at 9:20 pm.

Respectfully submitted,

Keith M. Edquist, Association Manager

Sherri Spykerman, President

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