December 9, 2008 Board Minutes
Tuesday, December 9th, 2008The 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