Archive for the ‘2008 Minutes’ Category

December 9, 2008 Board Minutes

Tuesday, December 9th, 2008

The meeting was held at the Firehouse. In attendance were, Tom Gering , Jodi Jacobson, Eric Cohen, John Corcoran, and Manager Keith Edquist. Sherri Spykerman was unable to attend.

Approval of Minutes—There was a motion, seconded and carried unanimously, to approve the November 11, 2008 minutes.

Management report—Edquist reported that additional curb stop markers and the curb stop map were now in the pump house. He inquired about the Adger water tap situation, since he was not able to view the work this week. Mr. Adger has tapped the LEC water system, supervision by owner Dan Harris, and made and filled a road cut on Haystack Lane. This is filled and compacted, but will not be paved/chip sealed until the spring. He has also paid a $1500 fee to tap the system, and placed a $1500 deposit with the association in order to assure the roadway is repaired to its previous condition.

Construction deposit, site visit and Smart work on barn—Mr. Smart has paid the $1000 tap fee for accessing the water system. Mr. Edquist said that he had contacted Mr. Smart in regard to the previous Board direction for a site visit. Mr. Smart denied access to the property, and believes the HOA is overstepping its bounds in asking for this, and that Pitkin County is and should be monitoring this project. The LEC covenants grant the Architectural Control Authority and its duly appointed agents or employees the Right of Inspection, for any Structure (#27, Amended Protective Covenants). He has not provided the requested construction deposit, or the project sign offs from his neighbors. Mr. Edquist reported that Pitkin County is inspecting the work, the last inspection was November 12. He said also that Mr. Smart believes he will complete the roofing and siding on the installed dormer this fall, if not deterred by weather.

As there is no dispute that Mr. Smart is in the midst of a project, the Board determined that he should comply with the standard procedure in this regard, and provide both the signoffs and the deposit. In so doing, the Board is seeking to protect the interests of the neighbors, and to take appropriate steps to protect the HOA’s interest and its rights in regard to future projects.

Therefore the Board determined to charge the $3000 construction deposit to Mr. Smart’s account and have him acquire, and provide to the Board, signoffs for his project from all adjacent lot owners. The Board also determined to set a deadline for completion of this project for May of 2009, one year from the date of the County building permit. If not completed by this date, the Smart’s would need to make written application to the Board for an extension of time to complete this project. In conclusion, if the requirements for signoffs and construction deposit are not met, the Board will notify the Pitkin County building department that this project does not have HOA approval.

Financial Reports-accountant Bruce Anderson provided the most recent financials for Board review. Treasurer Corcoran called Mr. Anderson for clarification on the $17,200 payable to Aspen Earthmoving, to see if this work on the water system would be charged to the water operations or water capital improvement account. Mr. Anderson believed it to be a water operations budget expense, but agreed the Board may have to look at this more closely, with specifics on the billing from Mr. Anderson.

Unfinished Business-

Regarding Riparian Setbacks from Little Elk Creek—John Corcoran commented briefly on this matter. At the present time it appears anything that occurs in regard to the setback/setback variance is only going to affect the seven owners whose lots fall within the present 100 foot setback. The Board felt these seven owners should get together to work on their common interests, and that it is not the Board’s duty become unduly involved in this matter to protect their interests. Mr. Corcoran states the County is on record as saying they will listen to these owners concerns.

Playground—The Board discussed improvements to the playground, with all agreeing it needs “updating”. What that term means is still open to determination. The Board decided there should be a playground committee formed, and asked Edquist to send a general email asking for volunteers, with the goal of having a plan and budget ready by April of 2009.

New Business-

Milvitch pond dredging—Manager Edquist reported that owner Milvitch had been in contact with owner Dan Harris in regard to dredging the ponds on this property. Mr. Harris has discussed this with Mr. Milvitch and suggested it should not be attempted this time of year, as there could be unforeseen consequences to the common area ponds and well production. Instead there has been a suggestion to dredge Milvitch’s ponds next spring, possibly in conjunction with dredging the common ponds, which Mr. Harris has reported filled to a certain degree with silt and unable therefore to hold to their designed capacity.

Discussion of 1099 IRS forms for LEC vendors was tabled until the January meeting, as was discussion of the state of the Architectural Guidelines for LEC. The Board also determined to take no action in regard to a “for rent” sign on a vacant house at present.

In regard to another complaint regarding dogs at large, Mr. Edquist was asked to send a general email to all LEC owners wishing them happy holidays and asking they be “responsible” pet owners and good neighbors, and suggesting animal control officer Riri Baker (920-5310 or rb48@ci.aspen.co.us) be contacted if there are issues regarding pets. There is also a link to Pitkin County animal control on the Little Elk Creek Village 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

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November 11, 2008 Board Minutes

Tuesday, November 11th, 2008

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

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October 14, 2008 Board Minutes

Tuesday, October 14th, 2008

The meeting was held at the Firehouse. In attendance were, Jodi Jacobson, Eric Cohen, Sherri Spykerman, John Corcoran, and Manager Keith Edquist. Director Tom Gering was unable to attend.

Approval of Minutes—There was a motion, seconded and carried unanimously, to approve the September 15, 2008 minutes. Minutes are posted on the website after approval.

Financial Reports-accountant Bruce Anderson provided the most recent financials for Board review. Bruce noted, and the report showed, that there were no past due assessments. The Board wanted to confirm that all accounts were covered by FDIC insurance. The agenda noted also that the 2007 tax returns for Little Elk were signed and mailed. There were no taxes due.

Curb stops-Keith reported that 10 curbstops remain unfound and unmarked, that 5 lots have no houses on them and therefore no curb stops, and that 50 curb stops were found and marked, while another 8 lots have the general location of the stop marked, though not actually found. Mr. Edquist said he would recheck that all found stops are marked with the 6 foot blue stakes. He said also that the subdivision map and an excel spreadsheet regarding curb stop locations will be kept in the pump house for reference. There will be no further attempts at present to locate the last of these stops.

Road work-Still no invoice from McDonald Paving. Expected expense to HOA is $10,500 for all work, some portion of which will be billed to owners Tonare, Gates and Gardner for work related to those homes.

Construction deposit, water tap fee and owner Smart -the Board discussed work being done to the Smart barn on Lot 3, Block 1 at some length. Mr. Smart has been invoiced for a water tap fee of $1000, and provided a letter to the Board expressing his willingness to pay this fee if he cannot produce evidence that it was previously paid. The letter also disputed the need for a construction deposit, and included a single page of elevation drawings of the barn, marked by hand with some features excluded, and some altered, with a comment on lighting from the neighbor immediately west of Lot 3, but not from all contiguous neighbors. 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.

Discussion regarding the construction being done on the barn at present resulted in the determination by the Board that if a county building permit is required for the work, then a construction deposit to the association is also required, though this is not the only determining factor for a construction deposit. Mr. Smart does have a Pitkin County building permit for work on the barn for dormers only. Note was made that construction deposits due the association were increased from $1000 to $3000 in the Board meeting of February 2008 and are noted in those minutes. The Board determined to have Manager Edquist write to owner Smart and request that he abide by the covenants of Little Elk Creek and supply the Board more complete plans for the barn and submit therewith the required $3000, refundable-upon-completion, construction deposit, and signed acknowledgements from the neighbors of the work proposed on the structure. In other words, exactly what the covenants require of all owners for such projects. Mr. Edquist was also directed to quote the covenants and the website “good neighbor policy” in regard to procedures for making changes to homes and lots in his letter to Mr. Smart.

Unfinished Business-

Return of construction deposits – Tonare and Cohen, Livingston-It was determined that Mr. Corcoran would walk the Livingston and Cohen properties in regard to return of construction deposits. Mr. Tonare has removed the lumber pile from the front yard and it no longer appears as if that home is under construction. Mr. Edquist was to check with Bruce Anderson and Mr. Tonare in regard to how to refund his construction deposit, since he will also owe the association for road work recently completed.

Nunn horse fence—Director Jacobsen was to bring the plans and neighbor acknowledgements regarding the fence being constructed on owner Nunn’s property, but inadvertently forgot to do so.

She will bring them to the president for the association records next week.

Snowcap Caucus-information on the Snowcap Caucus was forwarded to all owners via email on their mission statement and the work they are doing. The caucus requested any homeowner interested in participating with their efforts to respond directly back to the caucus.

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

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September 15, 2008 Board Minutes

Monday, September 15th, 2008

The meeting was held at the Firehouse. In attendance were, Jodi Jacobson, Tom Gering, Sherri Spykerman, and Manager Keith Edquist. Directors Eric Cohen, and John Corcoran were unable to attend.

Approval of Minutes—There was a motion, seconded and carrier unanimously, to approve the August 12, 2008 minutes. Minutes are posted on the website after approval.

Bridge repair completed-Manager Edquist reported that the bridge was rebuilt over Little Elk Creek. There was rot in the middle supporting timber, which had to be replaced. Overall cost of $2200 was about $400 beyond original estimate due to the need to replace the supporting timbers. Many homeowners have commented on this great improvement. Thanks to Keith who actually did the work.

Road work-In regard to the road work, MacDonald Paving and Chip Sealing completed work on the subdivision roads in August, including some work to be back billed to owners. No invoice had been received for the work by the date of this meeting. MacDonald has also left a large pile of gravel at Alexander Ave which needs to be removed.

Playground-Discussion passed to the improvement of the playground area, on which Mr. Edquist and Sherri had done more internet research. Keith was asked to photograph the existing structure for documentation of the construction and present conditions. The Board’s determination was to work over the winter to have a plan for renovation of the play area and new accessories for the playground ready to install in spring 2009. There was discussion of a spring clean up/fix up day.

Water update-The Board’s information packet included two detailed emails from owner Dan Harris regarding recent maintenance work on the water system’s wells and pump house. Aspen Earthmoving has disconnected the old water main entirely from the system in three locations. Samuelson Pump has cleaned the wells, and the cistern under the pump house has been tested for leaks and cleaned. There was a third leak in one homeowner’s service line which has been repaired. Dan will be doing further tests for leaks but expects all to be well. He reports the well-cleaning had increased water production from the wells. Some trash from prior pump house and well repairs will be taken to the dump and disposed of. Dan also reported that he will work with George Johnson as the ditches are shut down to be sure the water to the ponds is kept at optimum levels. The intent of all this work and testing is to be certain the wells are producing well and there are no leaks contributing to any shortage of water over the winter, as was the case last winter.

Review of Accountant’s Report—The Board reviewed the profit and loss report for July and August, and the balance sheet through August 31st. The owner who was behind in assessment payments has now paid two thirds of the amount due and made arrangements to pay the balance in the near future.

It was noted we have $6,000 in construction deposits and reviewed the breakdown to be:

Pates $3000 Livingston $1000

Cohen $1000 Tonare $1000

Unfinished Business-

Polsky water assessment-It was determined that Polsky has two taps. An invoice was prepared and manager Equist spoke directly with Polsky to resolve any questions. Polsky is in agreement and we have now received full payment of water since July 2005. Going forward, Polsky will now receive quarterly invoices reflecting $280 per tap.

Smart road cut and water tap –Keith reported that Steve Smart told him in a telephone conversation that he expected to get the road cut at the end of Haystack repaired in October. He said that it was not cost effective to enclose dormers on the barn, but that he would let the Board know what he was doing to close up the barn structure for the winter. In regard to the water tap, Mr. Smart did not know if it had been paid by the previous owner of the property. The Board directed Mr. Edquist to inform Mr. Smart that the Association would be sending him an invoice for the tap fee which has always been $1000. He was also asked to make a site visit to the property and barn, and to request the standard $3000 construction deposit fee in relation to the work on the barn.

The road cut and water tap for the Smart barn was made without prior notice to the Association, and the work on the driveway and barn at the Smart property has also gone forward without moving first through the required steps for such work in Little Elk Creek. Mr. Edquist was asked to make clear that Mr. Smart is not being singled out here, but that there is an established procedure for construction work. It is necessary that all owners comply with the procedures.

Tonare construction materials—As Rene Tornare has requested his construction deposit be refunded, Mr. Edquist was directed to make contact with Rene in regard to construction materials still on site at his property.

Curb stop markers—Keith reported that he had spoken with Dan Harris in regard to having Aspen Earthmoving come to help locate curb stops with a metal detector. Mr. Edquist will notify those 22 owners whose curbstops had not been located. At this meeting this work was planned for the later half of September. Also, all curbstops are expected to be marked prior to winter, and owners are to be notified of this via email and requested to please leave the markers in place.

New Business

Nunn horse fence—Mr. Nunn has begun building a three rail horse fence on his Lot 6 property, but needs to have the signed acknowledgement of the work from his neighbors, Cohen & Paparo.

Both have verbally confirmed there is no problem with the fence, but we will be obtaining their signatures so the association has it on record.

Property below reservoir tank-The current owner is Andrew Wiessner. The easement agreement has always been that this property does not pay for water. Dan Harris has been contacting Andrew to explain how our water system works.

There being no other business to come before the Board, there followed a motion to adjourn at 8:45 pm.

Respectfully submitted,

Keith M. Edquist, Association Manager

Sherri Spykerman, President

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August 12, 2008 Board Minutes

Tuesday, August 12th, 2008

The meeting was held at the home of Tom Gering. In attendance were, Eric Cohen, Tom Gering, Sheri Spykerman, John Corcoran, and Manager Keith Edquist. Director Jodi Jacobson was unable to attend. Guest G.R. Fielding of Pitkin County, and George Johnson, owner.

Approval of Minutes—There was a motion, seconded and carrier unanimously, to approve the July 8, 2009 minutes. Minutes are posted on the website after approval.

G.R. Fielding and Pitkin County Roads—G.R. works for Pitkin County Public Works, and is the County engineer. He came as part of a public outreach program regarding Pitco’s 20 year master plan for the county’s roads. The master plan has identified 14 capital improvement projects, for which Public Works believes the present level of funding will only allow completion of 4. Mr. Fielding said the general state of the county’s road would drop from the present “fair” rating to “poor” should this funding remain in its present status. Funds for these projects presently come from two sources: Pitco General fund, and the Highway Users Tax Fund (HUTF), which are state funds.

Mr. Fielding was seeking input on a proposed new county tax for roads of $16.00-$23.00 per $100,000.00 of assessed valuation of a property. This would allow the county to complete the 14 identified capital projects in the 20 year plan. The tax would “sunset” after 20 years. The Board of County Commissioners would be the determining body to place this on the November ballot. Mr. Fielding was looking to reactions to this proposed tax. Mr. Fielding gave his business card and contact information for further homeowner input on the proposed tax. That information is:

Pitkin County Public Works Department
970-920-5390
GR. Fielding-Engineer
970-920-5206
gerald.fielding@co.pitkin.co.us

Mr. Fielding identified the number one and two projects on the list as redeveloping the streets and parking in the Aspen Business Center, and addressing existing problems with the intersection of Smith Road with Woody Creek. There were questions from the Board on the Watson Divide road, which is on the list but of lesser priority. Tom Gering was not in favor of paving this road due to winter snow and ice conditions on pavement versus a gravel surface. Mr. Fielding also identified correction of the sharp curves near the Capital Creek bridge on the Old Snowmass road as one of the projects, but also farther down the county list.

George Johnson, report on the Boram-White irrigation ditch. Owner Johnson gave a brief report on the Boram-White irrigation ditch, which he manages and which recently held its annual meeting of shareholders. The B-W supplies water to a majority of the homes in LEC (66 of 78), and flows through the subdivision in several ditches, all of which collect again together downhill to supply water to the B-W’s other users. LEC has strong water rights related to the B-W, but also the responsibility to deliver enough water to meet the needs of the other owners of rights to this water downstream. George passed out a map of the B-W ditch system and its users.

George said the ditch committee was presently working on improvements to the head gate upstream of LEC, which will ultimately help preserve LEC rights to the ditch water, by insuring downstream users can receive their fair share. LEC pays the ditch company annually for its rights (28%) in the Boram-White. George said costs this year were reduced from those of the prior year for all users. He said there were no significant problems, at present, supplying water to downstream users, but noted that some of those users were new owners of property, and that several downstream users owned 40 acres or more. He said that it is important that LEC ditches allow downstream users access to their rights in the water.

Manager Edquist then reported on a conversation he had with Laura Smith regarding a part of the B-W ditch system that runs through her property. Occasionally the culvert under her driveway will be unable to handle the water flow and her pond will back up over the driveway. Mrs. Smith asked manager Edquist to her property to discuss this. Mr. Edquist said he saw two culverts on the Smith property, both 12 inches in diameter. On the day of the visit, the upper culvert was running 2/3rds full, while the lower was closer to 9/10ths full. Mr. Edquist observed, and spoke with Mrs. Smith about, the pond immediately below this lower culvert being at too high a level to allow free flow through the culvert. Basically, the lower culvert must push against the water in the pond, and this reduces its ability to flow freely and to capacity. Mr. Edquist suggested lowering the outlet level of the pond.

This led to a general discussion of ditch maintenance on private properties within Little Elk Creek. The Board is of the unanimous opinion that each owner is responsible for the functionality of the ditches as they cross their properties. In regard to the Smith situation, they felt if the ditch floods the driveway or other parts of the Smith property, it would be up to the owner to correct the situation. This has been a long standing practice in the subdivision.

Review of Accountant’s Report—owner and association accountant Bruce Anderson brought current financial information to the meeting. The documents provided were a ‘Balance Sheet as of July 31, 2008’, ‘Profit and Loss July 2008’ and an ‘Aging Summary as of July 31, 2008’. The Board is concerned about one homeowner, Mahaffey, who is 3 quarters behind in association dues. Manager Edquist will call her to explain that if some payment is not received this week, the association has no choice but to put a lien on her property

Unfinished Business-Manager’s report Road work—Keith reported that contractor Martin MacDonald had assured him Tuesday evening that work on the roadways would be done this week, either Thursday or Friday.

Bridge repair—the horse and pedestrian bridge over the Little Elk Creek ditch is to be repaired either Thursday or Friday of this week by Mr. Edquist, dependant upon the paving work above. There was discussion of using the old decking in other common areas to bridge wet areas. Sherri volunteered to look into this.

Curb stop markers—the board has purchased 6 foot, blue fiberglass markers for the curb stops. Mr. Edquist was asked to notify those 22 owners whose curbstops had not been located requesting their approval to have Aspen Earthmoving locate them with metal detectors. No more than one hour is allotted per home with homeowner expense limited to no more than $100. Also, all curbstops are expected to be marked prior to winter, and owners are to be notified of this via email and requested to please leave the markers in place.

Playground discussion—Manager Edquist, Tom Gering and Sherri Spykerman met on site earlier in the month and measured out the playground area and inspected the existing structure. The present playground equipment is very solid and firmly attached to the ground. There was discussion of both wholesale replacement of the existing play structures, and renovation and enhancement of the existing structures and area. There was again discussion of a need to understand what the owner’s want in a playground renovation. The Board asked Manager Edquist to do some more research on costs and availability of playground equipment for the September meeting. There was recognition that this project might not proceed prior to next spring, but also determination not to lose momentum in coming to a decision on improvements.

New Business

Smith Ditch situation—see above.

Water system work—Manager Edquist made a brief report on his tour with owner Dan Harris of the LEC water system. He said Dan had determined the system was leaking at a rate of 6,000 gallons per day, and that possible causes were a leak at the Gib Gardner’s home, and/or leaks in the cistern under the pump house. Dan expected to have Aspen Earthmoving out to excavate some areas of drainage retention that had silted in, and Samuelson Pump out to check for leaks in the cistern. There is also a spike in consumption, from 35,000 gallons per day to 50,000 gallons, which Dan believes attributable to owners watering lawns from the domestic water system. He is monitoring water use at various times of the day to more closely determine when the excessive use occurs. Mr. Edquist has done some research on the lack of functioning pumps. It is difficult to determine who may be watering from the domestic system.

Polsky and water assessment—there is some question as to whether owner Polsky has one or two water taps on the LEC system. There is no dispute among the Board members that this homes uses the domestic water system and to date has not been billed for that use. Manager Edquist offered to call Mr. Polsky in regard to this matter, rather than sending a billing and letter as a first contact. Sherri is to provide Mr. Edquist with contact information, and Bruce Anderson is to determine the water fees owed.

Smart barn work and water tap fee for second tap to barn. Manager Edquist was asked to contact owner Smart in regard to his plans for the barn, which has large holes in the roof at present. There is a building permit from Pitkin County for dormers, but the Smarts have implied that they will not be constructing dormers. The Board’s requirement is the standard procedure for construction which includes new drawings, signed off on by all neighbors, and a construction deposit fee of $3,000. In addition, there is no record of a tap fee having been paid for the barn by the previous owner who built it. Smart’s have recently cut into the road to tap into the water main which has been a standard assessment of $1000.

Property below reservoir tank—this property has changed hands, and no one is sure if the new owner is aware that domestic water from the system is not to be used for landscape watering purposes. Sherri was to gather more information for Manager Edquist to follow up with, both with Dan Harris regarding the property itself and previous agreements regarding access, easements and water use, and with the new owners.

There being no other business to come before the Board, there followed a motion to adjourn at 9:15 pm.

Respectfully submitted

Keith M. Edquist, Association Manager

Sherri Spykerman, President

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July 8, 2008 Board Minutes

Tuesday, July 8th, 2008

Meeting was held at the home of Sherri Spykerman. In attendance were, Eric Cohen, Tom Gering, Sherry Spykerman, Jodi Jacobson, John Corcoran, and Manager Keith Edquist. Owner and applicant, Amy Pate, Lot 35, Block 1, attended in regard to the home to be constructed on this lot.

Approval of Minutes—There was a motion, seconded and carrier unanimously, to approve the June 8 minutes and the minutes of the annual meeting held June 11, 2008. Sherri was to post these on the website.

Review of Pate’s plans—Amy Pate (977-0483, amy@rockymountainred.com) presented two sets of plans (Stevens Group, Carbondale, including site plan, landscape plan, floor plans of 1st and 2nd levels, elevations) and some additional photographs showing the proposed style of the home, as similar to the cabins at the Roaring Fork Club. Amy made some changes on the plans presented, which were representative of changes to windows. Note was made that the site plan does not indicate the location of the septic tank, which should be shown. She indicated there might be a shed roof or dormers on the rear elevation of the garage, which elevation was not shown on these plans. Amy was encouraged to consider a pond or pool on the lot to insure continuity of ditch water for irrigation. She was also encouraged to have the sub-contractors park on the lot itself and not on the streets. Amy was asked to secure signoffs from two additional neighbors (Marsh and Vernon) and to submit all the signoffs along with a new set of plans. Amy promised to do so.

Election of Officers—The Board elected the following persons as officers for the 2008-2009 fiscal year, by acclimation: Sherri Spykerman-President

  • Tom Gering- Vice-President
  • Eric Cohen-Secretary
  • John Corcoran-Treasurer

Review of Treasurer’s Report—the documents provided at the meeting were a ‘Balance Sheet as of June 30, 2008’, and ‘Profit and Loss Budget vs. Actual’. Both were labeled as not finalized. The Board discussed various line items in the budget as over/under and noted $96, 380 budgeted vs. $96, 044.52 in expenses in total. On the balance sheet note was made of $210,460.88 held in an Alpine Bank Certificate of Deposit. It was believed about half of this was set aside for capital improvements to the water system. The Board asked that a final 2007-2008 budget vs. actual be available for the next meeting, along with an update on any assessments due.

Bank Signatures—members of the Board signed appropriate bank signature cards provided by Sherri prior to the start of the meeting. These update signers on the association accounts to remove old and add new Board members.

Road work discussion—There was some discussion regarding road work scheduled for this summer, and a determination to charge owners Tonare and Smart $750 each for road cut repairs made to benefit there homes/lots. There was approval to ‘soften’ the hump at Gate’s lot on Haystack. Contractor Martin MacDonald is scheduled to perform various road repairs in the community this summer. Sherri stated the expected expense as $10,000 or slightly more, not including culvert humps. It was the consensus of the Board that a single contractor should perform the work and therefore would be responsible for warranty issues. Manager Edquist was asked to contact owners Tonare and Smart regarding these decisions.

Bridge repair—the horse and pedestrian bridge over the Little Elk Creek ditch is in need of repairs to the railings and walking surface. Manager Edquist submitted a proposal to replace the decking and rails for the sum of $1800.38, work to be done in early August. The Board accepted this proposal and it was left with President Spykerman for signing.

Playground discussion—the Board considered the condition of the playground as an amenity to the neighborhood and reflective of the neighborhood. Eric Cohen had done internet research and come to the conclusion that commercial equipment for the playground could cost up the $30,000. Previous discussions had focused on a much smaller number of less than $5000. After prolonged discussion of what the playground means to the neighborhood and how it is representative of the neighborhood (good or bad), it was determined that Tom Gering and manager Edquist would meet on site, measure the present area and consider other areas nearby. Also, Edquist volunteered to do some more research on costs and availability for the next meeting.

Curb stop markers—the board considered two different fiberglass markers to place at curbstop locations and determined a single blue fiberglass stake the better of the two options. Sherri is to look for taller (5 to 6 foot) markers than the sample shown at the meeting. A list of lots with curbstops still missing at various lots was given to Edquist to continue to try to locate.

New Business—the Board discussed a renter who has two pit bull dogs. There is a level of concern in that they killed Director Gering’s cat, under his deck and at his house. Also, they have been loose a couple of times and run to people in the street. Dogs running loose in the community were discussed. The pit bull owners have installed an ‘invisible fence’ on the lot. The owner also has a hand-held device and has kept them contained. As of the date of the meeting, they were no longer running free.

In regard to pit bulls, Pitkin County has no specific regulations, and LEC has none in its declaration. There followed a discussion as to what, if any, action to take in regard to this situation. John Corcoran suggested a letter be written to the tenants, owners, and copied to the Pitkin County animal control officer. Edquist was to draft such a letter for Board review. There was consideration given to posting something more in regard to dogs on the LEC website’s ‘Good neighbor Policy’, such as a ‘three strikes and you’re out’ regulation, requiring removal of dogs from the property after a third incident. Manager Edquist felt the Board was getting into a “rule and regulation” situation, and cautioned that all owners would have to be made aware of any such policy by mail, as not all are able to access the internet and website. Specifically, this would have to be a published rule/regulation/policy before action could be taken under it.

Parking on the streets—the Board discussed signage to prohibit parking on the streets, but determined not to place such signage. An owner on Haystack had several cars parked in the street instead of the driveway last week. An owner on Haystack had several cars in the street for 3-4 days and had been previously contacted numerous times for the same problem in the winter. The board understands that there may be times when this is necessary but questioned why this homeowner needs to continually park on the street. This is particularly troublesome in the winter, and also seems to encourage other owners to do the same. It was determined that two of the Board members who are neighbors would discuss this with the offending owner and try to get the practice to stop. Update at next meeting.

Thistles—the roadsides are not being sprayed this year, the problem has lessened with spraying previously and President Spykerman has been digging the few thistles adjacent to the roadsides that she has seen. Spraying for noxious weeds in the common area has already been contracted for the year.

The discussion on Polsky and water assessment was tabled. There followed a motion to adjourn at 9:40 pm.

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May 7, 2008 Board Minutes

Wednesday, May 7th, 2008

Meeting was held at the home of Sherri Spykerman. In attendance were, Eric Cohen, Tom Gering, Cory Brettmann, Sherri Spykerman, Suzanne Vernon & Bruce Anderson.

AGENDA:

  1. Approval of April minutes – motion by Eric with a 2nd by Tom
  1. Review Treasurer’s report- Bruce went over the financials for the month of April. The tax return was included, Sherri will sign.

-Millers and others outside subdivision who pay for water - There was discussion regarding some of the people who live outside of the subdivision who receive water from our community water system. In addition to the Millers, we need to be billing the Polsky’s as well as the current owners of the former Cote house.

  1. Unfinished Business

-update on Pates demolition and construction – there will not be a burn, just a demolition. If county approvals are received they anticipate beginning the demo process on June 16 with construction starting on June 23rd.

-curb stops – some of the board members have located curb stops in their area and have marked them on the subdivision map. At the annual meeting we will have a list of lots where the curb stops have not been located. We may have to hire a company to locate the others.

-review hydrant report – the hydrants are all in working order, however one leaky fire hydrant needs to be fixed

-Martin McDonald for roads tentatively scheduled for end May/beginning June

  1. New business

-Smarts obtained a building permit for dormers, but did not seek HOA approval

They have been advised to get neighbor approval and then bring the plans to the Board

-manager – discussion regarding the hiring of Keith Edquist to manage the HOA. We will schedule a special meeting to meet/interview Keith. It’s worth mentioning that Keith only manages homeowner’s associations. Bruce will update the budget for 2008/09 to see where we stand.

-schedule board meeting before annual – we have not yet picked a date for this meeting.

-We received the new water report. This 2008 water quality report is for the calendar year 2007 and is on the website.

-Playground – Tom found a playground set that could be of interest to the homeowners. He will email info to the other board members.

-Addition – Cory Brettmann wants to add dormers to his roof. He has the approval of his neighbors. Motion by Tom to approve with a 2nd by Eric.

5) Adjourn – motion by Suzanne, 2nd by Eric at 9:20pm

Annual meeting Wed, June 11th at 7pm at Windstar

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April 8, 2008 Board Minutes

Tuesday, April 8th, 2008

AGENDA:

Meeting was held at the home of Tom Gering and began at 7:10pm. In attendance were Tom Gering, Bruce Anderson, Cory Brettmann, Sherri Spykerman, Eric Cohen and Suzanne Vernon.

1) Approval of February minutes

Motion made by Eric with a 2nd by Tom to approve minutes

2) Review Treasurer’s report

Bruce Anderson attended the meeting and we reviewed the procedures he goes through on a monthly basis. We also reviewed the financial statements in some detail. Bruce will take the Quickbooks file to Peter VanDomelen from Reese Henry and any past due and current tax returns will be prepared. Taxes and 1099’s will be completed by our May meeting.

During our next election, we need to elect/appoint a Treasurer to the Board.

Review Spring maintenance list:

-Martin McDonald is coming to redo the cul de sac on Alexander Ave – we’re anticipating that he can do other road repairs as well.

-The Bridge over Little Elk Creek needs a major repair/reconstruct

-Fire hydrants need to be inspected by John McDermitt and hydrants markers need to be added if absent (It’s noted this can be done by the association)

-installing curb stop markers to be discussed at annual meeting

-rebuild any head gates in disrepair

-any necessary maintenance on pumps

3) Unfinished Business

-update on Pates asbestos & demolition

Asbestos work is completed – demolition will be scheduled once they are closer to a construction date. Basalt Fire Dept will plan to use existing structure for practice.

-curb stop map review

The subdivision was divided into 5 sections and each Board member was assigned a section to contact the homeowners about locating their curb stops – hopefully this will be done prior to our next meeting

We will also question homeowner if septic tank is cleaned every 2 yrs per Pitkin County guildelines.

4) New business

-Livingston home is complete and they have moved in, we will check on landscaping plans before construction deposit is returned

-There was a discussion about new playground equipment

-The Board approved Sherri Spykerman’s landscape plan

-The annual meeting is 6/11/08 and we should meet prior to this meeting

5) Adjourn

Motion to adjourn at 8:55 made by Eric 2nd by Suzanne

Next meeting May 7th - Wednesday

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March 10, 2008 Board Minutes

Monday, March 10th, 2008

The meeting was held at the home of Sherri Spykerman and began at 7:10pm.

Also in attendance were Cory Brettmann, Eric Cohen and Tom Gering.

AGENDA:

1) February minutes were approved by Cory and second by Tom.

  1. Review Treasurer’s report

There are some questions on the report so was not approved. Treasurer should attend next meeting.

  1. Old Business

-We have received the construction deposit from Pates. Asbestos mitigation has started and will take 2 weeks. They do not have a time frame yet for the burn.

Pates are still working on plans and contiguous neighbor signatures.

-Bedrick renters have complied quickly and moved their trailer.

-maps are being prepared to divide between board members to start locating curb stops when the snow melts.

4) New business

-There was general discussion on changes in the Land Use Code which took place in July 2006. It was noted that brokers should be aware of the new codes when listing properties. Setbacks are one of the issues that have changed pertaining to intermittent streams. Also noted is 1A “Residential Use” in our covenants are required to apply and obtain a “Special Review Use Permit” according to the new 2006 Land Use Code.

5) Eric motioned to adjourn at 8:30pm with a second by Cory.

Next meeting April 8th

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February 12, 2008 Board Minutes

Tuesday, February 12th, 2008

In attendance: Sherri Spykerman, Cory Brettman, Eric Cohen, Tom Gering and Suzanne Vernon.

AGENDA:

  1. Approval of December minutes
    Motion was made to approve by Sherri with a 2nd by Cory
  2. Review Treasurer’s report
    The report requires reprinting – we will review at the next meeting

  3. Old Business
    - -Gering moved his RV and additional work vehicle to another location in Dec.
    - -Stahls burn at 15 Katydid never happened as they were able to sell. New buyers are Chris and Amy Pate, see new business.

  4. New business
    –Chris Pates attended meeting to review asbestos mitigation, demolition and discuss timing. They plan to start immediately and will keep us informed. The Board plans to inform homeowners of the burn once we have confirmed schedule.

    Their architect, Tom Stevens, was also in attendance to present a preview of proposed house. We reviewed the contiguous neighbors from which they need to acquire signatures. Also noted the septic info needs to be on the plans. It is required that a curb stop be installed if there is not one already there. All this is summed up in a letter to the Pates, Exhibit A.

    - -Construction deposits have been increased to $3000. Website has been updated.

    –Reviewed water situation from Dec/Jan, water leak & curb stops. John Ott found a leak in his crawl space and was very quick to have it repaired. There is still a leak somewhere that will most likely be found in the spring once the snow melts.

    –Dan Harris continues to emphasize the need to locate curb stops. The board is working on a plan to map homeowner curb stops, thus identifying how many still need to be located.

    - -Parking on subdivision roads was a problem this winter. The following was added to the website under Good Neighbor Policy:
    " Parking on subdivision roads is discouraged particularly in the winter. Any vehicle parked on the road, does so at their own risk. Snow removal operations are hindered by on on-street parking, so please keep vehicles off subdivision roads as a courtesy to all homeowners."

    - -Bedrick renters have had a trailer parked in the driveway for a more than a month. They should be moved in by now so will speak to the property manager to have the trailer relocated.

    - -George Johnson has noted that Allen Adger has his property listed. Allen has been the keeper of funds for Boram White. Their new plan is to obtain a tax ID and new check account at Alpine Bank. It was agreed that checks require 2 signatures and George would over see.

    - -Snowplow review – in general we are pleased with the new company

    –Fire hydrants will be checked in the spring by John McDermitt at $45 per hydrant and will add extension flags where missing. Motion by Eric to have inspected, 2nd by Cory.

    –Sherri cleaned out one large box of checks and bank statements from the 80’s and had Paperwise shred. Still waiting to get old records from Hugh Roberts so all association info is in one place.

  5. Adjourned at 8:45pm

Next meeting March 11th

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