Attendance

The regular meeting of the Board of Directors of the Triview Metropolitan District was called and held as shown above in accordance with the applicable statutes of the State of Colorado.  The following Directors, having confirmed their continued qualification to serve on the Board were in attendance:

Gorham B. Stephenson
Joe Belzer
Joe Martin
Julie Glenn

Absent:  Martha Gurnick (absence excused)

Also present were Ron Simpson, District Manager, Triview Metropolitan District, Chuck Ritter, Nolte Engineering, Pete Susemihl, Susemihl, McDermott & Cowan, P.C., Steve Sheffield, Operations Manager, Triview Metropolitan District, Dale Hill, District Administrator, Triview Metropolitan District, Sam Sharp, D.A. Davidson, Robert Fisher, President of Homestead HOA, Dan Leung and Greg Anderson, Phoenix Bell, Kevin Burnett, Financial Consultant, Red Oak, Rick Blevins, CSI and Elizabeth Hacker, OCN.

Call to Order

Director Gorham Stephenson noted that a quorum of the Board was present and that the Directors had confirmed their continuing qualification to serve, and therefore called the regular meeting of the Board of Directors of the Triview Metropolitan District to order at approximately 4:00 pm.

Approval of Minutes

The minutes of the regular meeting of July 26, 2006 were read, and upon motion duly made, seconded and unanimously carried were approved as presented.

Resident Input

Mr. Robert Fisher introduced for discussion the 50’ strip behind Split Creek and the Trail Easement behind the ten lots in Homestead.

District Engineer’s Report

Mr. Ritter reported on trying to go single to service and that the electrical engineer recommended two services.  Demand charges were discussed and Mr. Ritter reported that the demand charge was unique to the plant, which may be negotiable.  The Electrical Engineer has recommended two additional 600 kw standby generators that were not in the original budget which means 35% of contingency funds have to be utilized.  We should not need another generator for the future third phase of the plant.  We are about a month behind on start up of the equalization basins due to engineering recommendation on some structural issues, waiting for the 28 day period for concrete to cure. 

Mr. Simpson recommended that Triview’s electrical engineer look at the recommendation concerning the two additional 600 kw standby generators.

Mr. Stephenson also requested that the two standby generators be looked into based on the increase in cost. 

Mr. Ritter reported that there is a meeting of engineers of the Palmer Divide Water Group on September 7th in Denver.

Mr. Ritter also informed the Board that there will be a meeting with the Town of Monument on street standards next week.  The Town wanted to wait until the new manager was on board and while Mr. Simpson was still here.

District Manager’s Report

Mr. Sheffield reported on removing the stain from the sidewalk and recommended that the process be put on hold until the tie-in of well A-4 is complete, otherwise using the water to irrigate will stain the sidewalk once more and cause the removal to be done again.  The actual tie-in is completed, however there is a SCADA programming issue that needs to be resolved concerning the ability of plant B to handle the additional water load and probably won’t get resolved until fall or winter.  The problem of the sprinkler system on the west side of the park hitting home owners’ driveways was discussed and Mr. Simpson informed the board that this problem would also be solved by this fall or winter and then the driveways will be cleaned.

  Steve Sheffield informed the Board that last winter a contractor pulled a service line out of a water main in Bridal Ridge. After repair and patching the road, ground water is seeping up through the patch.  Mr. Sheffield recommending installing a French drain from the patch to the storm drain as well as repairing an asphalt patch on the opposite side of the street at a cost of $8,000.00.

Mr. Simpson requested approval to expend $8,000.00 for this repair.

The expenditure of $8,000.00 for the repair in Bridal Ridge upon motion duly made and seconded and unanimously carried was approved.

Mr. Sheffield reported that new meters for the water plants arrived on August 22, 2006.  The new meters will be installed and the old ones sent in for repair and he is hopeful that water production and consumption will reconcile.

Discussion on the 50 foot strip ensued.  Mr. Simpson pointed out, on the map, the 50 foot strip that runs for approximately one-half mile and stated that Triview has proposed to buy the 50 foot strip from the developer which includes the right-of-way needed for Lyons Tail and the proposal was verbally accepted. Mr. Simpson believes that El Paso County is in position to build a trail on the 50 foot strip and stated that Triview’s water line and the trail will then be in the 50 foot strip where they should be. All of this will be possible if the deal with the contractor is concluded and the re-financing of the bonds are successful. Mr. Simpson further reported on plans to reposition the trail similar to the way it was done in Home Place Ranch relating to Old Post Road.

Ms. Hacker requested a map or something that she could put in the paper regarding the trail.

Mr. Blevins suggested that she contact the Trails person at El Paso County.

Mr. Simpson stated that once complete, Home Place Ranch and Promontory Pointe, roads and trails will match.  

Mr. Robert Fisher thanked everyone for getting the 50 foot strip taken care of and then initiated a discussion on the Homestead section and that they had worked with them (Home Place) to come up with the criteria to support them at the Board of Trustees meeting and there is a written agreement delineating the criteria.  There is an expectation on part of the Homestead residents and changing that arbitrarily would not be appropriate with the Board of Trustees meeting coming up. Landco did not dedicate the easement to Triview or the Town as all of the other trail easements have.  Discussion with county and the Board of Trustees on a no build zone have taken place on how the no build zone will be enforced and we feel that it is not enforceable.  We believe that is the deal between us and Promontory Pointe and we would like to see that maintained.

After some discussion, Mr. Stephenson asked if the issue isn’t open space for the eight lots in question.

Mr. Stephenson further inquired that if everybody agreed to the re-alignment as described then is the real issue open space for these lots, in other words are you looking for a buffer.  If this is the case then the issue of the trail becoming redundant at a cost to Triview is not appealing.

Mr. Fisher agreed that it would be redundant, but felt that the no build zone would not be maintained and gave examples of other Home Owner’s Association that were not effective in maintaining these type of areas. 

Discussion then ensued on no build easements on property and the responsibility of owners to maintain the easements as well as enforcement issues.  Further discussion took place on the 50 foot strip and the cost of building a trail should not be born by Triview Metropolitan District. Lengthy discussion continued on what to do with the no build zone behind the eight lots.  Promontory is to put in the East fence, the West fence is non-existent.

Mr. Susemihl advised the Board that legal didn’t see a problem with the District owning the 30 foot strip with a contract for the HOA to maintain it.  The Board’s opinion is that if the District owns it the District will maintain it.  Mr. Fisher stated that the HOA would be happy to assist the District with the strip. 

Mr. Simpson informed the Board that under the re-finance permits us enough funds to pick up the 50 foot strip and helps us deal with the drainage problems that we have especially in Misty Creek. Mr. Simpson recommended to the Board that we use those funds to acquire the 50 foot strip.

Upon motion duly made to acquire the 50 foot strip contingent upon the re-financing of the bonds and seconded was approved unanimously.

Discussion followed concerning the sizing of lots and the home builder’s ability to sell them.

Upon motion duly made to accept fee title of the 30 foot strip conditional upon agreement with the HOA on use and maintenance of the 30 foot strip and seconded was approved unanimously.

2006 A Bonds

Mr. Simpson informed the Board of a problem with the allocation of the cost of issuance and it was not anticipated to allocate the cost issuance in the same manner that costs have be allocated historically for different categories.

After further discussion and upon motion duly made and seconded the Resolution to issue bonds, with principal not to exceed $37,900,000.00 with final maturity not to be later than December 31, 2036 and with the maximum interest rate not to exceed the maximum rate as set forth in the indenture motion carried unanimously.

Work Tasks

Baptist Road additional cost is $7,200.00 and Classic is a new one not to exceed $10,000.00. 

Upon motion duly made and seconded the work tasks were approved unanimously.

Mr. Simpson informed the Board that there are four 72” culverts, 100 feet long, on the Parkway that are plugged north of Leather Chaps and the substation and that we have received an estimate of $162.00 per hour for truck and crew and twelve days to clean out these culverts.  There is another one at Baptist and Parkway, our 60” RCP, at a cost of $1,720.00 and the big one on Parkway is at $15,552.00 then there is a third one that will cost $500.00 for the dissipater. The total for DRC is $17,738.00 which will go on to annual contract for clean out.

Upon motion duly made and seconded the amount for DRC not to exceed $17,800.00 was approved unanimously.  Discussion followed concerning the cause of the problem.

Fees and Rates

Mr. Simpson presented to the Board a problem with the impact fees, and that requiring the developers to build all the parks, drainage areas and roads and then charging an impact fee to do so is looked at by the developers as a double “hit”.  Mr. Simpson stated with the inclusions areas it is probably a double “hit”.  Mr. Simpson recommended that the developer not be reimbursed more than they have expended and that there should be a cost recovery agreement that would permit Triview Metropolitan District to recapture some of the cost for capital infrastructure that the developer would be utilizing, the Wastewater Treatment plant is an example. The recommendation is a reimbursement or credit, based upon what the developers do, minus the recovery amount.  Mr. Burnett informed the Board that the developers need to compensate the District for existing infrastructure that they will utilize.  Mr. Simpson recommended that all fees are collected at building permit and then once the improvements have been built initiate the reimbursement or credit if any is due.  Discussion followed concerning how the process would work. 

Mr. Burnett informed the Board that the impact fees that Triview has adopted are based on what it would cost the District today to build the infrastructure. 

Further discussion ensued. 

Mr. Simpson recommended to the Board that the increase in impact fees be put on hold until these issues are resolved.  Discussion continued as to the mechanics of how credits and reimbursements are done in face of increasing impact fees.  If COI doesn’t put up any money for improvements then they are not eligible for credits or reimbursement.  If parks are to be used just for that subdivision then that will be a developer cost while parks that are “regional”, being utilized by other areas of the District, then there would be a credit.  Mr. Simpson is to notify everyone that the District is going to this plan and that the District is working on a fair and equitable resolution. 

Attorney’s Report

Mr. Susemihl presented the petition signed by Home Place Ranch for inclusion into the District with the conditions necessary for their inclusion. 

After discussion and upon motion duly made and seconded the motion to approve the order for petition for inclusion of Home Place Ranch carried unanimously. 

District’s Administrator’s Report

Mrs. Hill presented the financial summary for August.

Mrs. Hill presented the Board with an IGA with the County for the upcoming election with an estimated cost of $1,400.00 and designating Mrs. Hill as the Election Official.

Upon motion duly made and seconded the IGA was approved unanimously.

Mrs. Hill then presented the election resolution to the Board which she read to the Board.  Mr. Fisher stated that the language in the election resolution isn’t quite what he was hoping for.  Mr. Fisher then volunteered to research other election resolutions to get clearer language. 

Upon motion duly made and seconded the Election Resolution was approved unanimously with the condition that some of the wording may change for clarification.

Mrs. Hill presented bills, invoices and draw requests to the Board for approval.

Upon motion duly made and seconded approval to pay the bills carried unanimously.

Remarks by the President of the Board

Mr. Stephenson on behalf of the Board of Directors of Triview Metropolitan District thanked Mr. Simpson for his service to Triview and wished him well in his new endeavor.

Adjournment

There being no further business to come before the Board, and upon motion duly made, seconded and unanimously carried, the meeting was adjourned at approximately 6:30 pm.