The meeting was held at the Firehouse. In attendance were: Kent Meager, Jodi Jacobson, Sherri Spykerman, John Corcoran, Tom Gering and Manager Edquist. Guests and Owners George Johnson and Dan Harris attended at Board request in regard to the ponds.

Approval of Minutes—the Board reviewed the minutes from the November Board meeting. The minutes were given to Director Jacobsen for revision and will be posted to the website when approved by the Board.

Financial Reports-– Mr. Edquist was asked to contact Bruce Anderson in regard to a bracketed entry for $6143.33 in the “Other Reserves” line item, and to ask Mr. Anderson if he can email the Board the financial information in advance of the Board meetings.

Unfinished Business-

Manager Edquist reported briefly on repairs to the playground gate and Little Elk Creek bridge railing, entering and locking up the Pates residence as requested last month by the Board, and the recent completion of the exterior siding on the Smart barn. Mr. Edquist was also asked to research an insurance proposal from Community Underwriters Association, and compare it with present coverage and costs, after presenting this information to the Board.

New Business-

Owner George Johnson spoke at the beginning of the meeting in regard to vegetation and siltation in the ponds. George said he had three goals for these ponds, in order of significance these were:

1) restoration of water flow to the wells

2) meeting the required augmentation figures for the ponds

3) managing vegetation growth

George said he felt sediment might be sealing the ponds, and allowing less water to penetrate to the level at which the wells draw water. He said that a relief ditch, cut 8 years ago, no longer runs in the area of the wells and pump house, and he felt the pumps might be working harder to draw water. He said he had spoken with a company called Aqua Sierra, and agreed to bring the Board a proposal from them to test the composition of the silt to determine oxygen content and its permeability to water. It was also suggested that water quality data could be acquired from the Roaring Fork Conservancy.

Owner Dan Harris said that each winter the ability of the wells to produce drops. He said no one really knows if the wells are directly fed by the ponds. He said a typical summer figure for the pumps was 26 gallons per minute, while in winter this drops closer to 10 gpm.

Director Corcoran said he would ultimately like to have a “20 year road map” in regard to the necessary maintenance to the ponds, pumps, wells, storage tank etc. Manager Edquist said that this would amount to a reserve study for the water system, the most significant component owned in common by Little Elk Creek owners. He noted that Colorado law recently called for associations to determine how they will address maintenance and funding for common property over time.

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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The meeting was held at the Firehouse. In attendance were: Trustees Kent Meager, Jodi Jacobson, Sherri Spykerman, John Corcoran, Tom Gering and Manager Edquist. Guests and Owners attending were accountant Bruce Anderson, Tim Lindholm, Eric Stahl, Suzanne Richman, Patty Jones, Randy and Althea Brimm, and Architect Doug Greybeal.

Architectural Control Authority-Lindholm Photovoltaic System

President Spykerman called the meeting to order at 7:07 pm, and asked owners and guests present to introduce themselves. All were present in relation to Mr. Lindholm’s submission and request for approval from the LEC ACA for a Photovoltaic (PV) system to be installed at 0140 Alexander Avenue. The ACA had previously approved Mr. Lindholm’s submission of his Garage/CDU Plan, and his Activity Envelope and Site Plan. In respect of the variance matter discussed below, and written comments from owners Stahl and Gloz, the ACA had not approved the Photovoltaic (PV) System Plan submitted at the October 14th meeting.

Mr. Lindholm reported that he was granted a variance from Pitkin County in regard to the overall height of the Photovoltaic installation– which is proposed to be pole mounted– from 10 feet to a height of 16 feet. He said the County had denied his request for a variance from established setbacks for these PV arrays, as they would rotate following the sun and overlap the prescribed setbacks for the lot. The County determination on this setback matter resulted in Mr. Lindholm submitting for new locations for the pole mounted arrays from which they would not overlap the setback during operation. Tim was clear to point out that the new locations did not move any of the arrays into the Gloz view corridor defined in the Activity Envelope and Site Plan previously approved.

Submitted to the ACA for this November meeting was a letter dated November 5, 2009 (“PV LEC Final Approval Request”) and a pdf file (“PV NW corner outside setbacks”) showing the new locations of the pole mounted arrays in red ink. Both these documents were reproduced and a part of the material provided to the Board this evening.

After the homeowners present were given the opportunity to voice their opinions and concerns with the Lindholm PV Plan, the Board approved the Plan as submitted, after a motion by Director Meager. The motion stated that Tim is to work with his neighbors to address appropriate screening of the panels, that approval of this PV array is specific to this property, and will not serve to set a precedent for approval of other installations, as each must be considered by the ACA individually. This motion was seconded and passed unanimously, based upon Colorado legislation that limits what common interest associations such as Little Elk can do regarding alternative energy installations. The Board recognizes that Little Elk Creek might need to have some guidelines with respect to solar installations going forward which incorporates the new Colorado legislation.

Approval of Minutes—the Board reviewed the minutes from the October 14th Board meeting and a special meeting of the Board held October 31. There was a minor change made in the regular meeting minutes, and both these sets of minutes were approved for posting to the website.

Financial Reports-– Accountant Bruce Anderson supplied the income statement and balance sheet in a modified format with some line items more clearly named. The Trustees reviewed these reports and also the aging statement. Sherri and Bruce reported on their meeting with Stan Snyder, whom the Board retained to review the association books, financial reports, financial reporting and practices. There were no irregularities evident, and Mr. Anderson welcomed the review of his practices and the reports generated for Board review. The board requested assessment statements be sent via e-mail. Bruce was asked to mail the December paper statement with red type stating to homeowners this is our intent on the following quarterly statement. It was noted there are 2 homeowners without e-mail, so those statements would continue to be mailed.

Unfinished Business- Manager Edquist reported that the play structure has a newly installed infant swing. He was asked to make repairs to the gate at the playground which is missing hardware. He reported that the Smart barn exterior dormer and second floor entry had been sided since the last meeting and mailing to the Smart’s the Notice of Violation letter in regard to fines for failure to comply with the covenant regarding “Prompt Completion of Structures”.

Mr. Edquist also said he had been out to the Little Elk ponds the previous day with Patrick McCarty, who is the Colorado State University Cooperative Extension Agent for Garfield County. The purpose was to look at the vegetation growing in the water. Mr. McCarty recommended removal of the rooted vegetation and accumulated silt by mechanical means. Manager Edquist had also forwarded the Board information in regard to aeration of the ponds. After discussion, it was determined to have owner Dan Harris come to the next meeting to strategize methods and timing for removing silt and vegetation from the ponds, and to look further into aeration as a long term method of maintenance.

Director Jodi Jacobsen reported on the land use application for the Stahl home to be constructed next spring. There was some discussion regarding a proposed geothermal heat system and on a second level deck which overhangs into the setback from Little Elk Creek. Manager Edquist was asked to draft a letter for Board approval to be sent to the County prior to the November 18th deadline for comments.

Also in relation to the Stahl construction schedule, the Board felt some further work may be due in regard to when a construction deposit is to be submitted. In the past, most home construction has not required demolition of an existing home. Since demolition requires a County permit, the Board discussed collection of the Construction Deposit in such situations at the time the applicant applies for a demolition permit.

The Pates home was discussed. Director Meager followed up with County official Tony Fusaro, who said he was unaware the home was still open. The Board felt this structure should be locked and not present a safety hazard to the neighborhood, Manager Edquist was asked to check that the home’s doors and windows are secured.

New Business-

Discussion and review of the present insurance for Little Elk Creek was tabled until the December meeting.

There being no other business to come before the Board, there followed a motion to adjourn at 9:35 pm.

Respectfully submitted,

Keith M. Edquist, Association Manager

Sherri Spykerman, President

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On Saturday, October 31^st the Board held a special meeting at the home of President Sherri Spykerman. In attendance were President Spykerman, as well as Board members Jodi Jacobson, John Corcoran, and Tom Gering.

The Board drafted a letter to the Pitkin County Board of Adjustment in order to clarify its position regarding the setback and height variances requested by the Lindholms for their solar arrays.

The Board decided to inform the entire association membership via email about the Pitkin County Board of Adjustment meeting being held on November 3^rd.

The Board also decided that future guidelines are needed regarding the aesthetics of renewable energy devices within the Little Elk Creek community. The Board feels that this topic needs input from the entire membership, and should be discussed at the next annual meeting or at a special meeting prior to the June meeting.

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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 17^th 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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The meeting was held at the Firehouse. In attendance were: Kent Meager, Jodi Jacobson, Sherri Spykerman and Manager Edquist. Director John Corcoran joined the meeting in progress; Director Tom Gering was unable to attend. Guests and Owners attending were accountant Bruce Anderson, Tim Lindholm, Tim Cottrell, and Michael Vernon.

Approval of Minutes—the Board reviewed the minutes from the August Board meeting. The minutes were approved, Edquist to re format and forward to Board for review. Thereafter they will be posted to the website.

Financial Reports-– Accountant Bruce Anderson stated that the total amount assessed to owners for the water system reserve has indeed been collected and moved to that account since the increase was made to assessments in 2007. Bruce said he would email the Board financial reports for the 2008-2009 fiscal year tomorrow. Bruce was asked to provide additional information on future reports in the form of a line item budget for the year, with which to compare current income and expenses. This will be included for the next Board meeting.

Sherri noted she had received a Notice of Foreclosure regarding the Gilmore property.

Architectural Control Authority-

There was extended discussion by the Board and owners Vernon and Cottrell concerning actions to be taken in regard to the Pates residence at 15 Katydid. Both owners had written the County, as has the HOA about this property. The Pitco Building Department letter– written subsequent to County inspection– to the Pates was included in the Board’s materials this evening. There has been no response to the HOA letter from Pates, and it was unknown if the County had any response to its letter.

The Board determined that Kent Meager would speak with attorney Hal Dischler to determine what response might be effective in view of the Covenants references to “residential use”. Owner Vernon had suggested the HOA pay for demolition, secured by a lien on the property, with a reasonable rate of interest applicable. This is to be discussed as an option with attorney Dischler.

Discussion then passed to a Board review of a draft letter in regard to the Lindholm construction to be sent to Pitkin County Community Development. President Spykerman is to revise and sent final draft to County and copy to the Board. Owners Lindholm, and neighbor Cottrell participated in regard to the letter and revision of same. Shortly after this, owners Lindholm, Cottrell and Vernon left the meeting.

Owner Blackmer submitted a request for a temporary structure to shelter their horses. This would be erected seasonally and removed over the winters. Based on the LECHOA Covenants in regard to “Temporary Structures”, this request was denied by the Board. Manager Edquist is to contact the Blackmers with this decision.

There was a last minute submission in regard to the Stahl property, with several minor changes noted in a letter from Blueline Architects’ Stuart Brumett. The Board was given copies of both the letter and the plans, and will review independently. It is anticipated these matters will be more fully addressed by the ACA in the Stahl final submission of plans, after they have passed County review and been signed by adjacent neighbors.

Unfinished Business-

Allen Adger’s road cut has been chip sealed. Mr. Edquist stated he had emailed the Board his August 13^th response to Mr. Adger’s inquiry about the Board’s authority to require the chip sealing. Keith said he would contact Pitkin County to see if they possess a roadcut specification for chip seal roadways, as opposed to those paved.

Sherri Spykerman reported that the Taylor property, subject of August’s Board meeting, no longer had horses there, that a culvert had been installed between the horse pastures to prevent degradation of the irrigation ditch, and that a portion of the ACA approved fencing had been completed. She said the fence was still incomplete, but that the irrigation ditch/horse issue was resolved due the above actions/occurrences.

Manager Edquist reported that the play structure had been power washed and stained, and presented an estimate of costs to continue upgrading the playground, as discussed with Directors Spykerman and Gering. He said he had spoken with owner and architect John Ott, but at the time of the meeting, had no response or plans from him in regard to a roof for the structure. The Board would like to see elevations and site plan of what is being proposed before proceeding further. Keith is to see if such can be produced and forwarded so that work may proceed.

New Business-

Keith passed around a color photo of vegetation growth in the upper pond, along with note of concern regarding this from adjacent owner Charles Wolfe, who says the vegetation increases in area each year. Keith said Eagle Crest Nursery had been unable to identify the species and had no specific treatment to recommend. The Board determined to have Edquist attempt to contact Pitkin County, or other experts as available in regard to control of this vegetation in the ponds.

Director Meager noted difficulties in regard to vegetation in irrigation ditches, perhaps common to many owners. Edquist suggested an expert might present information at the next annual meeting, given the lateness of the present irrigation season. There was general discussion of ditch maintenance within the subdivision, but no decisions were made in this regard.

Action on trailers and RV’s on lots in the subdivision was again tabled until the next meeting. In addition, the discussion planned on HOA insurance and audits was tabled until the next Board meeting.

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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The meeting was held at the Firehouse. In attendance were, Kent Meager, John Corcoran, Tom Gering, and Manager Keith Edquist. Jodi Jacobson and Sherri Spykerman were unable to attend. Guest and Owner Andre Schwegler.

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

Manager’s Report- Keith said that weed control by the HOA was nearly complete, and that all common areas had been sprayed. The applicator said conditions have improved greatly over the last 4 years of controlling noxious weeds. Keith said also that he and Tom Gering had toured the irrigation system in Little Elk Creek with owner George Johnson, in order to identify both control and problem points within the system. Last, Mr. Edquist stated that pruning on the playground area and on the common path to Alexander Avenue had been completed, with all cuttings hauled to the Pitco dump. He asked for a received approval to begin restoration work (power wash and stain only) on the existing playground structure.

Financial Reports-–The Board discussed the financial reports and asked Mr. Edquist to speak with accountant Bruce Anderson to be certain the total amount assessed to owners for the water system reserve has indeed been collected and moved to that account since the increase was made to assessments in 2007. All other budgetary surplus funds are to be moved to “other reserves”.

Architectural Control Authority-Owner Andre Schwegler made a brief presentation to the Board in regard to an ACA approved fence and attendant improvements on Lot 1, Block 2 which have not been completed as approved. Mr. Edquist was asked to contact the owner of Lot 1 again as regards this matter, as there are now 2 horses on the property and they are doing damage to the irrigation ditch and its ability to carry water to other users. The fence and other improvements are intended to prevent this damage.

A submission from the Fusaro, 23 Davidson Lane, for a kitchen addition (site plan, floor plan, and elevations) was received. It had been signed by all immediate neighbors, and a $3,000 construction deposit has been collected from the applicant. The work is on-going. There were no comments on the submission from the ACA.

New Business- John Corcoran said he had spoken with Dan Harris, who has recommended vendor Environmental Process Controls (EPC) perform an evaluation of any possible external impacts to the LEC water supply. John indicated there was federal grant money available, and that this process could be undertaken without HOA expense. The Board agreed to proceed along this line, provided there would be:

• a) no cost to the HOA
• b) there would be a written report at the conclusion of the testing.
• c) the Board could see a written proposal of what is to be done and how

Keith read a document in regard to weed control in Little Elk Creek from President Spykerman regarding how the Board could make owners more aware of weed control measures and get them to take such measures. There was no discussion of this, but the Board did recommend owners be notified of spraying operations on common spaces and roadsides. Spykerman’s document notes that LEC roadsides have not been sprayed for 4-5 years, but that Sherri has been pulling and bagging thistle in these areas.

Unfinished Business-

John reported he had spoken with Dan Harris regarding compensation for his work on the LEC water system, and that Dan declined any compensation for his services beyond a “dinner”.

Action on trailers and RV’s on lots in the subdivision was again tabled until the next meeting. Keith reported that the playground committee had not met to determine additions for the existing area. John Corcoran reported that a community picnic might be a fading idea at this point in the year due to busy families and back to school concerns.

Keith reported that a letter had been sent to the Pates regarding the condition of their property and a second letter on the same subject had gone to Pitkin County. Keith said Environmental Health had passed this matter on to the Building Department for further actions.

Allen Adger’s road cut repair was discussed. Keith reported that Mr. Adger stated he would chip seal the roadway, but wanted to know where the Board’s authority to require this originated. After some further discussion, the suggestion was made to let Mr. Adger do so, but to respond to his question regarding the Board’s authority. Manager Edquist said the authority would not be specific to roadcut repairs, but would be found in the By laws or Declaration relating to the powers of the Board of Trustees to maintain and/or improve the neighborhood. Mr. Edquist was asked to respond to Mr. Adger’s inquiry.

There being no other business to come before the Board, there followed a motion to adjourn at 9:10 pm.

Respectfully submitted,

Keith M. Edquist, Association Manager

Sherri Spykerman, President

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The meeting was held at the Firehouse. In attendance were, Sherri Spykerman, Kent Meager, John Corcoran, Tom Gering, Jodi Jacobson, Accountant Bruce Anderson and Manager Keith Edquist.

Approval of Minutes—the Board reviewed the annual meeting minutes and the minutes from the May Board meeting. Both were approved with corrections from Spykerman and Corcoran, and will be posted to the website.

Election of Officers-The Board chose its officers for the coming year as follows: Spykerman-President, Gering-Vice President, Jacobson-Secretary, Corcoran-Treasurer, Meager-Director. The Board discussed, then renewed the management contract with Edquist Management and Real Estate.

Manager’s Report- Keith provided four playground proposals for review, and a bid for refurbishment of the existing playground structure. After lengthy discussion, the Board determined a committee headed by Vice President Gering would research and then make recommendations for improvements to the existing play structure and area, with a proposed expense not to exceed $6,000.

Architectural Control Authority-Architect Doug Graybeal made a presentation on behalf of owners Tim and Katherine Lindholm for preliminary approval of a strawbale/solar home on Lot 4, Block 3, Filing 2 of the subdivision. There was general support, and approval, of the preliminary plans submitted. Final plans must include acknowledgement of viewing of the plans submitted to Pitkin County by adjacent neighbors.

There was a second, incomplete, submission for construction of a shed structure on another lot, which the Board declined to review.

Financial Reports-–Treasurer Corcoran stated again that the Board should authorize the deposition of budget surpluses or shortfalls each year, rather than having this decision made by the association accountant. The Board directed that the 2008-2009 association “net income” amount of $44,115.00 be moved to “Water System Reserves”.

Unfinished Business-

Trash service was again discussed. Both Waste Solutions and Waste Management have made similar bids for their services. Owners requesting driveway service had already been sent a quarterly billing from present provider Waste Management. Consequently, the Board determined to accept the Waste Management proposal for the coming year.

The Smart Barn was noted as incomplete in regard to siding, more than a year has passed since the Pitkin County building permit was issued. The $3000 construction deposit charged Mr. Smart remains unpaid.

Allen Adger’s road cut repair was discussed. There was a motion, seconded and carried that Mr. Adger be given 30 days to make the roadcut match the existing chip and seal surface roadway. Should this not occur, Mr. Adger’s deposit will be used to do so. Manager Edquist is to write this letter, and its date will toll the 30 day period. In further action regarding roadways, Directors Meager and Corcoran are to walk the subdivision roads to determine the need for work thereon this summer.

The annual meeting was reviewed, and in particular the Pate’s lot and abandoned home. Sherri Spykerman reported that weeds on the lot had been sprayed and would be cut soon. The Board supported the notion of burning the structure as practice for the local fire department. In related action, there was a motion to return the $3000 construction deposit to Pates, in as much as this was requested and there are no immediate plans for construction of a home on this lot. The motion was seconded and carried after brief discussion.

New Business- Sherri Spykerman raised the matter of possible compensations to owner Dan Harris for his work on the water system. No decision on this matter was reached, though all Directors supported the idea. Director Meager said he would speak with Dan Harris in this regard.

Action on trailers and RV’s on lots in the subdivision was tabled until the next meeting. Director Corcoran brought up the idea of a summer picnic for the community; he will begin legwork on this.

There being no other business to come before the Board, there followed a motion to adjourn at 9:10 pm.

Respectfully submitted,

Keith M. Edquist, Association Manager

Sherri Spykerman, President

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May 12, 2009 BOARD OF TRUSTEES MEETING

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

Approval of Minutes—there was a motion, seconded and carried unanimously, to approve the April 14, 2009 minutes as written.

Manager’s Report- Keith reported on the cost to sandblast and stain and seal the existing playground structure, about $1100. The Board took no action at this meeting to begin this process. Further discussion revealed that some members of the Board thought Mr. Edquist was to have researched and brought a bid, all in, for the Prodigy play set from Big Toys. Mr. Edquist did not have this direction in his notes, nor did the April minutes reflect it. Mr. Edquist was asked to research this expense for the next (annual) meeting. He noted that in addition to the play structure expense, there would also be excavation expenses and costs relating to the containment and placement of proper cushioning materials in the play space.

The BigToys Prodigy cost from the catalog is $15, 940. Ultimately, the Trustees were uncertain where the funds for a playground may be drawn from. Mr. Anderson clarified that a playground may be considered a capital expense, and thus funds could come from the “other reserves” category. Those represent accumulated funds acquired over several years of operations, any budget surpluses from past operations having been accumulated in that account. Mr. Anderson said depositing surplus funds to this reserve account was an accounting function, not requiring direction from the Trustees. Mr. Corcoran thought that the Board should be providing direction, via resolution, on what should be done in the case of a surplus or deficit at the end of the fiscal year.

Mr. Edquist said he had sent a general email to all Little Elk owners regarding the need for new members of the Board of Trustees and offering himself or existing Board members as contacts.

Unfinished Business-Smart Barn Construction—Mr. Edquist noted that he had spoken with owner Steve Smart, on the Smart barn lot, in regard to the project. He said Mr. Smart is working hard to complete the work in line with the Pitkin County permit he has received, which has a May 2009 deadline. Keith reported that Mr. Smart said the property is listed and that he hopes to sell it. The Board did not change its position on the issue.

Financial Reports-–Bruce Anderson brought the current association financials as of April 30, 2009. He reported seven persons in arrears on the aging report. He said he expected the association to be over budget when all expenses were in by about $11,000. This is due almost entirely to expenses in the water operations line item, where expenses were $50,766.43 against the budget of $19,200. Other line items and additional income in water tap fees and interest offset this to a degree.

In regard to the prior playground discussion, there were questions regarding the $4632.42 expense in the Landscape/Parks/Playground line item, which Bruce explained as mowing, bridge construction and weed control from last summer. Director Jacobson observed that $200 per homeowner in 2009-2010 expense for a playground did not seem excessive. There were no other observations from the Board on the balance sheet or profit and loss statements, other than to note the “Other Reserves” balance as $23,947.59, and the “Water System Reserves” at $242, 016.15.

Discussion of Proposed 2009-2010 budget - Bruce also brought information regarding the proposed budget for fiscal year 2010, noting that overall there was no plan for an increase in assessments. Rather, the 2009 budget proposed a reallocation of funds between the ““Water System Reserves” and the “Water Operations” line items. Bruce noted that water operations were quite expensive last year, with some expense still to come in the coming fiscal year from summer projects. The proposed budget shifts $19,200 into water operations from water reserve for 2009, reducing the annual contribution to water reserves to $51,200 from last year’s budgeted $70,400. This keeps assessment levels the same while realistically addressing the recent and anticipated operations costs on the Little Elk Water system. It will still allow for over $300,000 to be accumulated towards the water system reserve by fiscal year- end 2010.

Following this presentation and some questions from the Trustees, Director Corcoran moved to approve the proposed budget prepared by Mr. Anderson. This was seconded by Director Gering and approved unanimously without further discussion. The annual meeting date was set for June 2, 2009. The Notice of the Annual Meeting and the Proxy will be mailed out this Friday, the budget and the annual minutes from the 2008 annual meeting are posted on the website. Notice will direct owners to both documents.

Trash service was again discussed. Mr. Edquist had received conflicting reports on the expense of trash services from the current vendor. He brought a bid from another vendor, but said he was not clear on whether it included or did not include the cost of bear resistant trash toters and recycle bins. That bid was lower than the present vendor’s expense, and includes recycling once per week. While this was favorable, the contract also called for a 3 year commitment and possible increases with 30 days notice, which the Board did not favor. At meeting time it was uncertain whether the difference in price would be worth the changeover, so Mr. Edquist was directed to re-confirm the expense from Waste Management and report to the Board prior to the annual meeting. Sherri and Keith had contacted all those owners who had driveway service, and the billings will be adjusted accordingly. People who benefit from driveway pickup service, as opposed to curb services, from the vendor will pay for that directly, and no longer through the Association. A unified list for whichever vendor is chosen remains to be created and sent to the prevailing trash collection service.

Unfinished Business-

Keith reported on the meeting held by the Little Elk Ditch Company, which serves a dozen owners in Little Elk Creek, and to which LEC pays annual dues for its shares. The association had asked for further accounting information from Little Elk Creek Ditch CO, which was never supplied, thus the association had not paid an invoice from 2008. A check was signed for $261 in dues and $965.70 for ditch cleaning and will be mailed tomorrow.

Included in the Board materials this evening was a letter from owner Chris Davenport in regard to issues on or about his property caused by the late fall water line installation made by owner Alan Adger. Mr. Edquist said he had spoken with Alan earlier in the day, and that Mr. Adger was sending his irrigation man over to Davenport’s to address whatever problems were there. Keith did not know if this person made actual contact with the Davenports by meeting time. Keith said Mr. Adger had no plans for the pile of boulders from the excavation which are in the Davenport’s view plane. He said he would like to sell them, but really had no immediate plans to do anything with them. He said he would repair the fence, but did not intend to replace the gate which was removed in the excavation work, as he might use the corridor for access to the subdivision. He said he had told the Davenports they could move the gate onto his property if it bothered them. Director Corcoran asked about the nature of the easement Mr. Adger holds over the Gilmore’s property, and whether such access would be allowed. Mr. Anderson thought that would be a matter for Adger and Gilmore. He said he would research this easement with Pitkin County.

The Board is holding Mr. Adger’s deposit in regard to the road cut compaction and repair, and determined to hold it until the issues with Davenport are corrected and addressed by Mr. Adger. Mr. Edquist was asked to contact Mr. Adger regarding the roadcut and the Davenport issues. He was asked to try to get the roadcut repaired as soon as possible, and to convey to Mr. Adger the determination of the Board that all of the issues arising from the water line placement, and enumerated in the Davenport letter to the Board (buried and possibly broken sprinklers, buried turf, fencing, un-replaced gate, and pile of boulders on the Adger lot in the Davenport view plane) be addressed and resolved.

There being no other business to come before the Board, there followed a motion to adjourn at 9:10 pm.

Respectfully submitted,

Keith M. Edquist, Association Manager

Sherri Spykerman, President

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

Approval of Minutes—there was a motion, seconded and carried unanimously, to approve the March 10, 2009 minutes with two minor changes.

Manager’s Report- Keith reported on the playground area available for new equipment, which 120amounts to about 1250 square feet. He also brought catalogs supplied by Jillian Livingston with some indications of what her family liked. Mr. Edquist was asked if new equipment placed in this area would impact on drainage previously established from pond # 2 over the well field. He said he would have to inquire of owner Johnson and report back.

The Board did not believe the suggested new equipment was multi-use friendly, and determined to continue to research what new equipment, either a complete system, or individual items could be added in the new area. They felt, given the current economy, that vendors might be willing to negotiate costs. Director Cohen commented on the value of improving the playground area by rehabilitation of the existing structure, and placement of new equipment there on the Little Elk Creek home values. Mr. Edquist was to research some options for sand blasting and rehab of the existing structure, and see if vendors could visually render new equipment and/or accessory play items and show them in place.

The Board looked at other complete systems in the range of $12-20 thousand, and thought perhaps the playground renovations ought to be brought before the ownership at the annual meeting. At present, the funds to be used would be from ‘other reserves’ currently at $24 thousand in funding. It was determined that some research on these funds was necessary to see how the account was established and if restrictions might have been placed on its use. The Board also felt there would be a certain amount of “sweat equity” from the owners in improving the playground.

There followed discussion regarding the state of repair of the Capital Creek fence bordering 8 lots along that roadway. Mr. Edquist said he had asked for a more detailed bid for repairs from the contractor who had rebuilt this in 1988. The contractor indicated that the posts were treated material and likely to last 40 years, while the rails were not treated and might have a life (and so it seems) of 15 to 20 years. The fence was rebuilt at association expense in 1988, after original construction by the developer. There does not seem to be anything which establishes this fence as an HOA common element, nor is its maintenance addressed in required maintenance for Little Elk Creek. It seemed neither more nor less important than many other fences within the subdivision. After discussion, there followed a motion, seconded and unanimously approved, that the Capital Creek fence is not an association expense. The Board believed owners of these lots could buy into the repair bid if they were notified of the name of the contractor.

Keith inquired about the usefulness of submissions to the Architectural Control Authority by email and attachments, as was done with the Marsh fence submission last month. The consensus was that it remains preferable for applicants to bring submissions in person to the Board/ACA.

In this regard, there was a submission by owner Erneman to construct a fence on that property on Katydid. The Board had no objections to the fence as proposed, asking only that Erneman acquire the signature and acknowledgment of neighbor Gilmore prior to proceeding. President Spykerman was to make the applicant aware of this.

Financial Reports-–Note was made that the $3,000 construction deposit charged to owner Smart remains unpaid. There were no further questions regarding the financial reports for March 2009, but they led to the discussion below.

This was again in regard to trash service. Some owners receive trash pickup at the home, instead of having to bring their trash curbside. For this, the association pays an additional $10 per month per home. These owners are not billed any greater amount for this than all other owners pay for trash service. Edquist indicated that Waste Management would bill owners individually for this service, as they sometimes presently charge owners for additional trash left for pickup. The Board asked if the 23 owners charges, if billed directly to those receiving the service, would be deducted from the amount charged the HOA. Mr. Edquist is to inquire about this with Waste Management. Sherri will also begin asking owners with the driveway service if they wish to continue the service when they are billed separately for this.

Unfinished Business-Smart Barn Construction—the barn is for sale, listed with Leveritch and Carr. The Board believes Mr. Smart may be trying to finish the work as quickly as possible now that the weather has turned. The unpaid $3000 construction deposit was discussed. Mr. Edquist offered to speak with Mr. Smart again if there were an opportunity. Director Corcoran said he would really like to know how owners feel about this non-compliance matter. Director Cohen inquired about the County’s position vis a vis construction without HOA approval or in non-compliance with HOA procedures.

New Business-President Spykerman said the annual meeting was coming in June, and that the Board will need two new members. Board members serve a two year term. Mr. Edquist was asked to check the by-laws regarding notice for the annual meeting and if the meeting date is set or changeable. He was also asked to email the ownership regarding the need for new directors.

There was an issue with Adger’s water line tap and related work last fall which has impacted owner Davenport’s sprinkler system and views. The Board is holding Mr. Adger’s deposit in regard to the road cut compaction and repair, and determined to hold it until the issues with Davenport are identified and addressed. Mr. Edquist was asked to contact Mr. Adger regarding the roadcut and the Davenport issues.

The Brettman memorial bench is complete and has been placed about 50 yard south of the playground. Owners are encouraged to go out to view it.

There being no other business to come before the Board, there followed a motion to adjourn at 9:25 pm.

Respectfully submitted,

Keith M. Edquist, Association Manager

Sherri Spykerman, President

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The meeting was held at the Firehouse. In attendance were, Sherri Spykerman, Tom Gering, Jodi Jacobson, Eric Cohen, and Manager Keith Edquist. Director John Corcoran was not able to attend

Approval of Minutes—there was a motion, seconded and carried unanimously, to approve the February 10, 2009 minutes as written.

Manager’s Report- included in the Board materials was a second draft of the Guidelines for Architectural Approvals. The Board made a single clarifying change, first page, third paragraph, and then approved this document for posting on the website. Also discussed was the need for a Water Tap Procedure document, as referred to in the revised Guidelines. Sherri provided Edquist with the old form from which to work, and this will be revised, finalized and placed on the website for owner reference.

Jillian Livingston and Manager Edquist spoke by phone prior to the meeting, and the end result of the Board’s discussion on the playground project was that they required a plan view of the playground area, showing the footprint of the existing structure and the available area for expansion. While there was a website reference provided by Ms. Livingston in regard to proposed structures, Mr. Edquist failed to provide the Board pictures of these improvements. When the Board has site plans and costs for the proposed improvements they will be able to determine what funds are available for updating and improving the area. Manager Edquist is to measure this common space area and provide the Board more information regarding the proposal for April’s meeting. This work is still proposed for spring of 2009.

Sherri mentioned there is still discussion of dredging the association ponds to clear them of silt, though it is not clearly understood that such a project would increase well production for the water system. Keith reported on the meeting held in this regard and recent bids from a contractor for the work, which ran from $20-38K depending on the scope of the project. Sherri was to speak further with owner Dan Harris in regard to the value of such work if it does not improve well production. There is a requirement that the existing ponds hold a particular volume of water, in which case dredging might be necessary to maintain LEC water rights.

Financial Reports-–There was a single owner late with current assessments. There were no further questions regarding the financial reports for February 2009.

President Spykerman initiated a discussion in regard to trash service. Some owners receive trash pickup at the home, instead of having to bring their trash curbside. For this, the association pays an additional $10 per month per home. These owners are not billed any greater amount for this than all other owners pay for trash service. Waste Management does bill owners individually for additional trash pickups when necessary, so they have the ability to bill owners directly. The Board discussion resulted in a consensus that owners with driveway pickup should pay those costs directly. Mr. Edquist was asked to contact Waste Management to see if they would bill owners having this service individually, and thus reduce overall waste collection expense charged to homeowners.

Unfinished Business-Smart Barn Construction—the Board has approved and the association attorney Hal Dischler has sent a response to the recent letter from Mr. Smart’s attorney Mitchel Drantch. At the time of the meeting, the Board/Architectural Control Authority had not responded to Mr. Smart’s submission of plans on February 10. The ACA still needs to see a site plan showing disposition of the berm/fill on the lot, and receive the requested $3,000 refundable construction deposit. This submission is incomplete and the project does not have association approval. Manager Edquist was directed to draft a letter of response for Board/ACA approval and to send same to Mr. Smart, by email and US Mail. (This was completed on 3/16/09).

Director Jacobson noted that the Board has not been vindictive or overly aggressive in its requests of Mr. Smart, rather that possible fines and penalties have not been imposed. She said the Board is simply trying to insure compliance, so that there are not further difficulties with other owner’s projects in the future.

New Business-Capital Creek Fence —Repairs to the Capital Creek fence were discussed. The fence is in need of repair. It was repaired at LEC expense in 1987 by vendor Roaring Fork Fence. Initial installation was done by the subdivision developer. The fence is post and rail, and borders 8 lots along Capital Creek road in the subdivision. The Board was of the opinion that the cost of replacement or repair of this fence should be brought before the owners at the Annual meeting in June, rather than determined by the Board at this time. Mr. Edquist was to request accountant Bruce Anderson to request a bid for repairs from Roaring Fork Fence.

Marsh Fence submission—owner Kris Marsh wishes to extend her fence in form exactly like that now existing on her property. Mr. Edquist was instructed to ask she have her plans reviewed and signed by neighbors Wheeler and Gardner and provide this information to management for Board action.

Stahl remodel preliminary submission—owners Eric and Bari Stahl submitted preliminary plans for an extensive remodel of their home on Lot 14, block 3. The submission consisted of 3 sets of 24 by 36 blueprints, 2 sets of 11 by 17 blueprints and 2 sets of colored elevations, from Blue Line Architects in Minturn, Colorado . Included in each set were:

• Improvement Survey with Topo
• Utility and Reference Site Plan
• Upper level floor plan
• Exterior elevation A3.1
• Exterior elevation A3.2
• Grading site plan
• Main level floor plan

There were no red flags in regard to the siting of the residence or its design. There were questions regarding what appears to be a second kitchen on the upper floor of this single family residence, and the materials to be used to construct a fence at the front of the home depicted in the colored elevation views. Manager Edquist is to draft a letter of response to the Stahls and their architect based on this preliminary review of plans.

There being no other business to come before the Board, there followed a motion to adjourn at 9:25 pm.

Respectfully submitted,

Keith M. Edquist, Association Manager

Sherri Spykerman, President

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