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:

Steve Stephenson
Joe Belzer
Joe Martin
Robert Eskridge

Absent:  Julie Glenn (Excused)

Also present were Larry D. Bishop, Sr., District Manager, Triview Metropolitan District, Dale Hill, District Administrator, Triview Metropolitan District, Chuck Ritter, Nolte Engineering, Pete Susemihl, Susemihl, McDermott and Cowan P.C.  Dana Duthie, Manager Donala Water and Sanitation District, Roger Sams, GMS Engineering, Karen Blumenstein, THF Reality, Gene Andrist, THF Reality, Wes Weaver, Weaver Contracting, Moffat Settles, Weaver Contracting and Elizabeth Hacker, OCN.

Call to Order

Director Steve 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.

Notice and Posting

Mr. Bishop stated that the meeting had been properly noticed and posted.

Mr. Stephenson introduced Bob Eskridge as the newly appointed board member.

Mr. Bishop then introduced the rest of the guests to the board.

Presentation by Donala on Design/Build WWTF Expansion

Mr. Duthie explained to the board it was decided to do a design build project based upon the endangered species act limiting expansion of the plant outside its current location as well as being able to keep the wastewater plant operational during the process.

Mr. Duthie then presented the history as to how Donala got involved in the plant and then the fact that the As Builts are not accurate.  This has caused problems in construction and increases in cost due to finding things underground that were not anticipated being there.

Mr. Duthie stated that Weaver was selected because of their presentation and their stellar reputation.  Mr. Duthie then stated that Weaver has been an excellent partner and has actually saved the project money.

Mr. Sams then presented the design/build process to the board stating that the purpose of bringing the contractor on board at the same that we start the design process is to have the ability of getting the contractor’s input and ideas early on for issues of constructability, the sequence of construction and the costs of construction.

The Board then wanted to know what the basis was for the original budgeting and loan process.

Mr. Sams explained that about ten percent of the design had been accomplished prior to Weaver being awarded the contract and that the budgeting and loan process was based upon the engineering concepts and ideas.

Mr. Sams stated that the original cost estimates were developed in 2003 with CPI related escalators projected forward to when we thought we would start construction and then revised those cost estimates in 2004 and again in 2006 and then looked at the Colorado Construction Cost Index.  Mr. Sams stated that the basic construction cost increases have been tremendous and unprecedented and unanticipated by everyone.  Roger then presented graphs depicted the increases.

The Board asked for the percentage of the project that is equipment versus concrete, steel and dirt.

Mr. Sams stated that equipment is 35 to 40 percent and that the electrical component is also about 35 percent.  Mr. Sams then explained that costs increased at 21.5 percent each year for the past three years.  Mr. Sams then informed the Board that part of the cost increase was modifications and the addition of generators to the project as well as scope creep.

Discussion then ensued as to the benefit of operating all areas of the plant on generators to shave peak or in emergency situations.

Mr. Bishop explained the balancing of economics in relationship to paying fines due to NPDES permit violations and the cost of generators to preclude violations from occurring.

Mr. Sams then informed the Board of new stringent regulations governing Ammonia limits in Monument Creek as well as a Total Inorganic Nitrogen requirement and that there was increase of about $175,000.00 in equipment costs to meet the new requirements.

Discussion followed about whether or not the plant has any capability to remove metals.

Discussion continued on the causes of the increase in costs to complete the project.

The Board thanked Dana and Roger for their presentation and they departed the meeting at this time.

Presentation by THF Reality on “The Timbers”

Mr. Bishop introduced Karen Blumenstein and Gene Andrist from THF Reality, the company doing due diligence on “The Timbers.”

Ms. Blumenstein informed the Board that THF will own the center and will be in the community for the long term and are a full service team with a resident property manager.

Ms. Blumenstein then described the property involved and stated that the total commercial development will encompass approximately 600,000 square feet.  Closing will be in July if THF decides to close.

Ms. Blumenstein briefed the Board on possible tenants that are interested in the project and absorption rate.

Ms. Blumenstein then discussed the impact of the 404 permit and the implications for the “Timbers” project.

The Board informed Ms. Blumenstein that the impact fees are in place for the benefit of the developer and the fees go back to the developer in the form of roads and pipes.

Mr. Andrist then presented his background to the Board.

Discussion followed concerning the amount of revenues in sales tax and property tax that may be expected from this development.

The Board thanked Karen and Gene for their presentation and they departed the meeting at this time.

Approval of Minutes

Upon motion duly made and seconded and carried unanimously the minutes of the Special Board Meetings of March 14, 2007 and April 11, 2007 were approved.

Presentation of Financials

Mrs. Hill presented the new financial statements for January and February 2007.  The Board requested that a budget sheet be provided with the financials.  Upon motion duly made and seconded and carried unanimously the Board accepted the financials as presented.

Approval of Bills, Invoices/Vouchers and Draw Requests

Upon motion duly made and seconded and carried unanimously the payment of invoices and vouchers was approved.

Pump Stats

Mr. Bishop presented the pump stats with an added total depicting the water being used from the Phelan Water Purchase Agreement and that accountability was at 100%.

CIP/Annexation Status

Mr. Bishop updated the Board on the CIP Status.

Sewer in Baptist Road

Mr. Bishop informed the Board that phase 1 is complete and we are trying to negotiate the impact fee on whether or not the contractor was held up on paving Baptist Road.

Big Wave Car Wash

Mr. Bishop informed the Board that he had turned down the latest proposal from the Big Wave Car Wash.

New Water Tank/ Expansion of Treatment Plant B

Mr. Ritter informed the Board that Nolte was getting the legals together for the tank site and that the plant is under design.

Mr. Bishop had nothing further to add from the presentation by Donala and GMS and told the Board that he is in favor of redundancy in the Biosolids.

The Board inquired of Mr. Ritter why the Equalization Basins doubled in costs.  Mr. Ritter explained that some of the increase in cost is due to equipment.

Mr. Bishop informed the Board that negotiations are on going as to who will serve.

Mr. Bishop informed the Board that the newsletter was published with a contest for a credit on the water bill and that there was a good response.

Mr. Bishop updated the Board on the Discharge Monitoring Report for the Wastewater Plant for the month of March.  Discussion then followed on the 30 day average of influent flows to the plant.

Mr. Bishop informed the Board that he had sent a letter urging each District to sign up for management.

Mr. Bishop informed the Board that he had sent a letter outlining the service agreement for Promontory Point.

Mr. Bishop brought to the Board’s attention to the letter sent to Mr. Phelan concerning the Water Purchase Agreement.

Mr. Bishop informed the Board that he is attending BRRTA meetings and brought the Board up to date on progress on the Baptist Road Interchange.

Mr. Bishop informed the Board that the MCI was out to bid and that the bid opening was scheduled for today.

Mr. Repp stated that the apparent low bidder was Pate Construction at $801,854.00. 

Mr. Bishop and Mr. Ritter informed the Board that split on the sewer was 50/50 with Forest Lakes.

Mr. Ritter updated the Board of meetings on development of the Watt property west of the railroad with the possibility of Triview serving sewer to the development.

Mr. Bishop informed the Board that the Blue Sky Car Wash is negotiating for a service agreement to develop in Monument Ridge.

Mr. Ritter had nothing further to report.

Mr. Susemihl had nothing further to report.

There was no comment from the public

There was no other business to come before the Board.

Upon motion duly made, seconded and unanimously carried the Board adjourned into Executive Session under § 24-6-402 (4)(e) C.R.S. “Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators.”

After determining that no action was taken in Executive Session and upon motion duly made, seconded and carried unanimously the Board re-convened into public session.

Upon motion duly made, seconded and unanimously carried Julie Glenn was excused from the meeting.

Larry D. Bishop, Sr.
Manager