WINDSTAR LAND CONSERVACY

Draft only-to be reviewed/approved by Homeowners in 2012 annual meeting-Draft only

Agenda and Minutes June 8, 2011 annual meeting

1.   Call to Order/Introductions/Approval of Minutes of 2010 Meeting

Manager Edquist called the meeting to order and stated proper notice had been sent but that a quorum of owners was not present by attendance or by proxy. At the start of the meeting 34 members were present; others would join later, eventually resulting in a quorum for this meeting. President Beth Blackmer introduced the Board of Trustees and the owners then introduced themselves around the room. Following this, the minutes of the 2010 annual meeting were provided, reviewed and approved as written.

2.   LEC year in review- President Blackmer and Manager Edquist

Keith and Beth spoke about the actions of the Board of Trustees over the last year. The Architectural Guidelines were revised by Trustee Ernemann, clarifying procedures and construction deposit requirements. Manager Edquist requested that owners contact him or a Trustee when making any changes to the exterior of a home or outbuildings. President Blackmer commented on the need to minimize exterior lighting and to use downlighting whenever possible.

An audit of the association books was successfully completed for fiscal year 2009-2010 and has been posted to the website. The Trustees also purchased fidelity insurance which applies to the association’s bookkeeper in respect of the Association’s funds. The Trustees approved a ninth “Responsible Governance Policy” in respect of an association reserve study. In March, Manager Edquist registered the LECVHOA with the Colorado Division of Real Estate as required by recent legislation. Manager Edquist reported that trash service had been renegotiated and that costs had decreased, with recycling now to be done on a weekly basis. Bookkeeper Bruce Anderson reported on the two recent home sales in the neighborhood.

3.   Source Pollution Study and Grant, George Johnson

Mr. Edquist introduced owner George Johnson to speak about the on-going “Water Source Pollution Study”, which LECVHOA began participating in last year. This study will identify possible contaminant sources– including owner septic systems– to the community water supply. George stated that the process was moving forward, and that the Board had approved funding in this year’s budget for production of a “Little Elk Creek Drinking Water Handbook” addressing the water system and owner’s responsibilities in protecting it. Primarily this will mean regular inspection and maintenance of individual septic systems.

The state is providing a $5,000 grant to facilitate protection of private water system’s like Little Elk’s. The Little Elk funds and the grant together will help produce the handbook, add signs at the ponds, encourage neighborhood land conservation efforts, fund a septic tank inventory study, well fencing, water sampling and secondary issues relating to protection of the water source and system. The HOA will facilitate the homeowners’ participation and use of state grant funds that will address the individual home septic system inspections, tank inspection/cathode rod installation and home water conservation program with the residents. Each homeowner will be offered the septic system and tank inspection with the expense split between the homeowner and the association.  An executive summary of this plan is on the website.

Owner and realtor Tim Cotrell mentioned that septic system inspections are required in Pitkin County with any home sale. Owner Tony Fusaro noted also that $30,000 worth of home improvements will also prompt a County test and inspection of a home septic system. Trustee Kent Meager characterized the issue as one in which “we are our own worst enemy” in respect of potential harm to Little Elk water due to improperly maintained or ancient septic systems. The soils are porous, the water table high, and many systems are approaching 30 years of age. Once a tank begins leaking there is no mitigation available for the groundwater which feeds the wells. He said tanks should be inspected for integrity and pumped out frequently. President Blackmer concluded this part of the meeting by asking that owners report septic inspections and maintenance to management or the Trustees, and that the HOA should begin to collect inspection records on these systems.

4.   Water System Report-Dan Harris-Tom Gering

Dan Harris provided the following information for the meeting.

The water system is functioning fine overall. In the last year, a new diversion gate for water sent to the ponds was installed. A heater was installed at the storage tank to prevent ice cap from giving false readings for the tank level. A digital control system to run well pumps was installed: Water valves were installed on Haystack Lane and on Alexander Avenue to better segregate sections of the system. For 2011-2012 the water tank will be painted and the area around it cleaned up. Water valves will be straightened at the main entrance and at a location of East Sopris Creek. If needed, the ditch will be cleaned up to divert water from ponds:

There were several breaks over the past year on service lines to homes. There were two leaks in December/January which drew the water supply level down very low and generated some emergency expense on the part of the homeowners and the HOA. Again this year, one serious leak involved an unknown curbstop location on a home service line. Knowing where your curb stop is located and knowing how to access that curb stop can be a money saver for you as a home owner.

Tom Gering recounted the Trustees work, which is on-going, to locate all curb stops in the interest of maintaining the water system/supply. Any leak jeopardizes the water system and supply; all the previous leaks have been found on owner’s service lines, never on the mains. President Blackmer said the Board’s intent is to try to locate all curbstops by October, and to test all the found stops for proper operation. She said the winter leaks caused the system pumps to run continuously for almost two months, initiating undo wear and electrical expense to all owners. It is imperative that owners notify management or a Trustee of any suspected leaks, which often show up first as low water pressure in the home.

There followed brief discussion about possible dredging of the ponds to increase the water supply to the wells, and/or to control vegetation growing there. Costs to dredge were up to $80,000, and the problem remains of where to go with the dredged materials. The Trustees will continue to investigate both of these problems.

5.      Treasurer’s Report and Budget-Bruce Anderson

Bruce Anderson, association accountant, reviewed his handouts on 2010-2011 profit and loss and the 2011-2012 budget. There will be no increase in assessments, but there are some changes in expense categories, notably increased expense to the road fund of $16,500. These changes were shown on a spreadsheet prepared by Trustee Kent Meager and distributed as a handout at the meeting. Bruce said that the receivables were manageable, and that total equity had increased by $73,000 form a year ago. The assessment breakdown will be $545 per quarter, with $245 going to administration, $150 to water operations, and $150 to the capital reserve. 

Bruce noted that quarterly financial statements are posted on the website—littleelkcreekvillage.org

6.      Election of candidates to Board of Trustees: Four owners and current Trustees had indicated a wish to serve prior to the meeting:

• Beth Blackmer
• Andrew Ernemann
• Bob Wright
• Kent Meager

The Trustees had asked bookkeeper Bruce Anderson to serve on the Board to replace retiring Trustee Tom Gering. Mr. Edquist asked for other nominations from the floor, but there were no additional nominations. Blackmer, Ernemann, Meager, Wright and Anderson were elected to the Board by a motion, seconded and approved unanimously.  The new Board will determine officers and terms at its next meeting.

Kent Meager offered thanks to Tom Gering for his service to the association. Mr. Edquist thanked each of the trustees for working closely with him over the last year.

7.      Unfinished business

There was brief discussion on the poor quality of internet service to the homes and an update on Skybeam’s attempts to improve same by upgrading a tower on Watson Divide. This was not an HOA issue, just a point of discussion. No action was taken.

8.      New business

There was no new business to be discussed.

Meeting adjourned at 8:55 pm

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WINDSTAR LAND CONSERVACY

Agenda and Minutes 2010 annual meeting

1.   Call to Order by Manager Keith Edquist

Mr. Edquist stated proper notice had been sent and a quorum of owners was present either in person or by proxy. The Board of Trustees was introduced and owners then introduced themselves around the room.

2.   Approval of 2009 Annual Meeting minutes.          

The minutes of the 2009 annual meeting were provided, reviewed and approved as written.

3.   Management Report- Keith Edquist

Keith spoke about the actions of the Board over the last year, naming Architectural Control Authority business, revisions to the Architectural Guidelines, work on the ponds and water system, a leak protocol document, the playground renovation, insurance coverage, trash removal and snow plow vendors, and road work as significant matters dealt with by the Trustees and management.

He said he had spent time keeping abreast of legislative changes affecting associations in Colorado and mentioned the new Board of Trustees will be working through “Responsible Governance Policies” for Little Elk Creek Village. Recently passed legislation will also require registration of HOA’s with the Colorado Division of Real Estate in 2011.

Last, Mr. Edquist spoke about the on-going “Source Pollution Study”, which LECVHOA has begun participating in, in order to identify possible contaminant sources– including owner septic systems– to the community water supply. Director Meager said owners have a responsibility to clean and pump out septic tanks every two years. Other sources of contaminants may exist, and owners can participate in developing a protection plan for the Little Elk water system by attending scheduled meetings on this subject. Owner participation will be an in-kind contribution to an initial $5,000 grant from the State for this study. All owners will be notified of opportunities to contribute to this work.

4.   Water Report, Dan Harris

Dan summarized work done on the water system in 2009 as installation of a water storage tank heater and improvement to the electrical supply to the pumphouse. He said there was work to be done in 2010 and 2011 installing a head gate near the Hedges property to more completely control the level of water in the ponds, and installation of water valves to separate sections of the system for shutdown without affecting as many owners in emergency situations. He recounted a leak situation this past winter where the curb stop location for the home was not known by the owner, and as a result 14 homes were without water for 2 days. He encouraged owners to know where their curb stops are and to find them if they do not.

Also noted were fluctuations in use metered at the pumphouse, which are indicative of leaks on the system. Dan said owners must pay attention when the Board alerts them of suspected leaks in the system, and to watch for signs of these in the home. He said low volume of flow in house fixtures was usually more indicative of leaks in an owner’s service line than a change in pressure. When notified of neighborhood leaks, owners may notice a change in pressure throughout the house. Mr. Harris concluded by saying winter use this year averaged 12,000 gallons per day and this was a new minimum benchmark. He expects summer use to approach 30,000 gallons, historical levels for irrigation season. These flow rates are sustainable, unless the system has a leak which cannot be located, in which case problems quickly accumulate. It is imperative for owners to quickly notify the Board or management of any suspected leaks on the system.

5.      Irrigation ponds report: George Johnson

George spoke in regard to a recent study conducted by Aqua-Sierra, Inc. a firm specializing in analysis and rehabilitation of water bodies. Sediment levels and composition were tested in all three ponds. Unknown remains in regard to how these ponds feed the aquifer from which the LECV wells draw water. There is sediment in all three ponds, most in the upper pond, as was expected. Further work would be necessary in order to rid the ponds of vegetation and introduce a beneficial fishery to control it. Dredging may be an option to rid the ponds of sediment, but the issue remains of what to do with the excavated material, which is difficult to dry out and expensive to transport.

6.      Financial and budget reports: Bruce Anderson

Bruce Anderson, association accountant, reviewed his handouts on 2009-2010 profit and loss and the 2010-2011 budget. There will be no increase in assessments, and no major changes in expense categories. Bruce said water system reserves will approach $386,000 by the end of the 2010-2011 fiscal year. Mr. Wheeler questioned how long the contribution to water reserves might be necessary given the level of funding and contributions. The matter was not resolved, but it is clear that replacement of any considerable part of the system would be extremely expensive, in view of other utilities and road repairs necessary. Mr. Wheeler asked the Board to consider this reserve and its funding in light of the present balance.

Bruce noted that quarterly financial statements are posted on the website—littleelkcreekvillage.org

7.      Election of candidates to Board of Trustees: Three owners had indicated a wish to serve prior to the meeting:

• Beth Blackmer
• Andrew Ernemann
• Bob Wright

Mr. Edquist asked for other nominations from the floor, but there were no additional nominations. Blackmer, Ernemann and Wright were elected to the Board by acclamation.  The new Board will determine officers and terms at its next meeting.

Kent Meager offered thanks and remembrances to Sherri Spykerman, John Corcoran, and Jodi Jacobson for their service to the association. Mr. Edquist thanked each of them for working closely with him over the last year.

8.      Unfinished business

There was again general discussion in regard to an abandoned home in the subdivision and the detriment it presents to real estate values. Mr. Anderson said the economic reality of property taxes on improved and unimproved property make demolition of the property unlikely. Mr. Edquist stated that in response to last year’s discussions on this matter, he inspected the property at Board direction to secure its doors and windows. Owner and Pitkin County Building Department officer Tony Fusaro said he and the Basalt fire marshal made an inspection last fall and determined the building was not a fire hazard.

Nancy Lovendahl asked if the Board had considered changes to the Architectural Guidelines to address solar installations. Director Meager’s answer was affirmative, and said the work is on-going on the Guidelines. Mr. Edquist said 2008 Colorado legislation limits an association’s abilities to control such energy efficiency measures and installations except as to placement, design and external appearance. Nancy asked also if the Guidelines had been written to make exceptions for, in her case, re-roofing. Keith said that such Guidelines are often not specific to that degree, but that typically a review Board or Control Authority has ability to consider each situation individually.

Owner Eric Cohen asked if there were a specific time for completion of the playground. Mr. Edquist said work began as soon a practical this spring, and that the additional play items had been received and would be installed shortly. There is a fair amount of finish carpentry work to be done to the structure.

9.      New business

There was no new business to be discussed.

Meeting adjourned at 8:40 pm

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WINDSTAR LAND CONSERVACY

Agenda and Minutes 2009 annual meeting

1. Call to Order by Manager Keith Edquist

Keith welcomed new owner Andrew Erneman to the meeting. A quorum was achieved at this annual meeting, 22 in attendance & 17 proxies

2. Approval of 2008 Annual Meeting minutes.

Motion by Tim Cottrell and 2nd by Beth Blackmer, approved.

3. Guest Jean Martin and Holly McClain for Capital Creek Caucus

Jean encouraged Little Elk owners to participate in the Caucus, about 80 percent of Capital Creek residents are members. They hold monthly meetings at Windstar Conservancy. The annual picnic is June 28^th at Holly’s home.

4. Management Report, Keith Edquist

Keith had no formal report, so asked for questions. Nancy Lovendahl asked what he did over last year for the association. Construction of pedestrian bridge, oversight of paving project, curb stop locations marked, works monthly with Board, minutes written and posted to website, he encouraged owners to become members of the Board.

5. Water Report, Keith Edquist

Keith summarized a handout from owner Dan Harris in regard to work done on the water system in 2008. There were inspections for leaks in the pump house cistern, work done to improve the wells’ production, improvements and repair to control. There were no leaks over the winter. All prior leaks have been in individual service lines. There will be work to replace electrical lines this summer. Dan reminded owners to have their pumps up and operable, as irrigation by treated water is not allowed. Owners were reminded by Bruce Anderson there has always been a possible $1000 fine if domestic water is used for watering landscaping.

Beth Blackmer offered to donate Aspen Rent All equipment for owners wishing to relocate or raise/lower curb stops, following a question regarding this from Michael Vernon.

6. Financial and budget reports: Bruce Anderson

Bruce reviewed the handouts on 2008-2009 profit and loss and the 2009-2010 budget. There will be no increase in assessments. The major change involves allocating more income to water operations from water system reserve, based on water operations expense this year and anticipated expenses in this category for next year. Nonetheless, water system reserves will approach $300,000 by the end of the 2009-2010 fiscal year.

Owner Michael Vernon inquired about the Pitkin County Road reimbursement, shown as income on the LEC budget, and asked if that figure is negotiable with the county, particularly in light of recent assessment notices and resulting increased taxes.

Quarterly financial statements are posted on the website—littleelkcreekvillage.org

7. Election of candidates for 2 year term: Two owners had indicated a wish to serve prior to the meeting:

• Tom Gering stood for re-election for another 2 year term.
• Kent Meager

Edquist asked for other nominations from the floor, there were no additional nominations. Gering and Meager were elected to the Board by acclamation.

Thanks to Eric Cohen for his service to the association!

8. Unfinished business

There was a general discussion in regard to abandoned homes in the subdivision and the detriment they present in regard to real estate values. There was a general, vocal, consensus by the owners present to encourage the owner of this home to demolish or burn it down. The owners support Board action to address this problem.

Nancy Lovendahl inquired about the construction deposit. Manager Edquist said it was not a part of the covenants, but that there is a long history of the Board/Architectural Control Authority asking for such a deposit in relation to construction in LEC which requires a Pitkin County building permit. He said the deposit used to be $1000, but was changed in February of 2008 by Board action to $3000, and that this is reflected in the minutes.

At the end of the discussion, the members present wanted it clearly noted in the minutes that water from the domestic water system is never to be used for irrigation. The Association is authorized to fine property owners who violate that prohibition. The Owners present asked a general email regarding this be sent out.

9. New business

There was no new business to be discussed.

Meeting adjourned at 8:30 pm

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WINDSTAR LAND CONSERVACY

AGENDA:

1. Approval of 2007 annual minutes

Motion by Cory Brettman and 2nd by Beth Blackmer

2. Introduction of new Manager: Keith Edquist

Keith spoke about his background and experiences and the fact that he only manages homeowners associations. He works for our association at the direction of our board. He will be onsite once or twice a week to look at the condition of the roads/ landscape and other issues.

3. Financial and budget reports: Bruce Anderson

Bruce reviewed the financials and discussed the assessments and the fact that $68,000 per year is going to the water reserves.

We will start posting quarterly financial statements on our website.

4. Election of candidates for 2 year term:

• John Corcoran
• Jodi Jacobson
• Sherri Spykerman

There were no additional nominations.

Thanks to Cory Brettmann and Suzanne Vernon for their 4 year commitment!

5. Unfinished business

• Curb stop results: we found 44 out of 71 (62%) 26 unfound (38%)
• We plan on hiring a company to find the unmarked ones and mark them with
• 4’ stakes. This will be at the homeowners’ expense – we will notify everyone ahead of time – so please locate yours to avoid additional expense. Dan Harris spoke about how crucial it is that everyone locate their curb stops

We did not have a quorum at this annual meeting, 22 in attendance & 11 proxies

Motion to adjourn by Eric Cohen, with a 2nd by Tom Gering.

Meeting adjourned at 8:25pm

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