TRIVIEW METROPOLITAN DISTRICT

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:

Robert Eskridge 

Joe Martin 

Mark Veenendaal 

Robert Fisher 

Also present were Ron Simpson, Acting District Manager, Triview Metropolitan District, Dale Hill, District Administrator, Pete Susemihl, Susemihl, McDermott & Cowan, P.C.; Thomas Repp and Will Kroger, Nolte Engineering.

Guests:  John Heiser, OCN.

Call to Order & Quorum

President Robert Eskridge 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 5:02 pm.  Julie Glenn was excused from the Meeting.

Notice & Posting 

It was noted that the Meeting was properly noticed and posted. 

Approval of Minutes

The minutes of the February 26, 2008 Meetings were considered.  Upon a motion by Joe Martin and a second by Mark Veenendaal, the Minutes were unanimously approved.  It was noted that the Board did not object to expanded explanations in the Minutes, when appropriate.

Public Comment 

Administrator’s 

Report 

The President called for any Public Comment to which there was no response and the next Agenda Item was considered.  

Mrs. Hill discussed the revised format for the Budge Report and Financial Statement.  The President requested that the previous format be used instead.  Mr. Fisher expressed that the detailed report was more helpful.  Responding to a question, Mrs. Hill said the monthly figures were the actual numbers and the annual was a percentage.  The Snow Removal number is a month behind.  Street Sweeping is month to month and Triview does not perform that function where a subdivision is under construction.  That is the Builder’s responsibility.

Invoices were considered and it was noted that there was nothing unusual identified this month.  Mrs. Hill explained that the Auditor was at Triview and the District passed two of the tests for the Water & Power Loan.

The Elections are moving forward.  There are two people running for the two two-year terms and four people running for the two four-year terms.  The Poling Place will be at Creekside Middle School on May 6th from 7 am to 7 pm.  A letter was sent out with the ballot positions drawn for the candidates indicated.

It was moved by Joe Martin, seconded by Mark Veenendaal and unanimously acted upon by the Board to approve the payment of the current bills under the Accounts Payable. 

It was pointed out the Board will get a copy of the Audit but will not be able to approve or deny it as the Audit is independent. 

District Engineer’s Report 

District Attorney’s Report 

Sanctuary Ponte Inclusion 

District          1

Manager’s 

Report 

                     2

3 

                     4

                     5

6 

7 

8 

9 

Office Space 

Car Lease 

Adjournment 

Mr. Repp announced that he was going to work for the City Stormwater Division and introduced Will Kroger as his replacement.  WTPB Expansion progress includes installation of the new Clear Well, some of the foundation columns and the lid will be installed.  The separation plate will be installed.

Weaver is passing through a $1,700 reduction.  Mr. Kroger briefly described his background with Arapahoe County, the Town of Castle Rock and Black & Veatch.  The work at the WWTF involves the Effluent Pump Station and completing leech testing on the cells.  The Disinfection Station foundation is going in.  The several Board Members requested that another tour be setup for a Saturday in April.  

Mr. Susemihl stated his only Item is the next Item on the Sanctuary Pointe Inclusion.

Mr. Susemihl reported that the Petition for Inclusion of Sanctuary Pointe has been distributed and Triview has advertised for a Public Hearing at this Board Meeting.  The Public Hearing was opened at 5:16 pm. If approved, the Board will approve an Order to that effect.  Then the District Court is petitioned and a Court Order is recorded. The Petition sets forth the conditions for Inclusions, including a rebate of 75% of the Fees up to the $3,000,000 in

agreed upon infrastructure is installed.  Then Triview receives 100% from that point on.  There was a memo describing this rebated and an accompanying spread sheet that delineated how this is to occur.

Mr. Simpson reviewed the memorandum that was distributed including the eight items in the Petition and alternatives for services.  A meeting occurred with Classic on the 12th and the major issue has come down to the rebate issue.  Since Triview can not issue any further debt and can only issue a one-year promissory note, the only way to resolve the reimbursement is to implement the rebate program.  It was noted that this will set a precedence for Home Place Ranch and possibly other proposals in terms of rebates

There was then a discussion on which amount to use for the rebate and it should be based upon the total fees including the Inclusion Fees.  It is assumed that the user charges will cover the costs of services and there may some shortfall in the O&M functions on street sweeping and snow removal.

Discussion then ensued on the water tank and the potential for another well on the property.  Part of the rebate would cover some of the costs for the tank and there will have to be participation from Home Place Ranch and Promontory Pointe.  

The section referring to bonds has to be eliminated as it is replaced by the rebate.  The allowance for a possible additional well for District use should also be inserted.  The matter of a possible water treatment on Sanctuary was discussed and Triview will not commit to that plant.  Mr. Susemihl pointed out that the Petition is not part of the Order from that goes to the Court and the Order will reflect the changes.

Triview Metro District No. 4 for the main road was discussed.  It was pointed out that the subdivision roads are the developer’s responsibility.  The Board expressed a consensus to setting the precedence for a rebate as the funds do not come out of Triview.  Mr. Susemihl suggested that he redraft the Petition and the Order to reflect the changes recommended by the Board including amending Section 7, taking out Sections 7, 5B2 and clarifying the use of the second well.  This amended Order be circulated and signed.  The Public Hearing was closed at 5:58 pm.  

It was moved by Joe Martin, seconded by Robert Fisher and unanimously acted upon by the Board to approve the Sanctuary Pointe Inclusion subject to the amendments to the Petition and the Order. 

Impact Fees.  Mr. Simpson summarized the memo he distributed on Impact Fees.  The District worked with Red Oak Consulting on several iterations.  The current Fees were based upon projected debt.  Since this is not the case it is being changed to a “buy-in” approach.  The alternatives involved the Road &Bridge Fees since they were the highest and the root of the issues.  A spread sheet containing the alternatives was examined and the recommendation was for 50% of the total buy-in amount.  It equates to approximately 59% of the current amount.  Mr. Simpson stated that the developer of Monument Ridge thought it was an adequate reduction.  He also talked to the Bond Underwriter and was told that we would not be violating any of the agreements on the Bonds by reducing the Fees.  The question of Hotel/Motel was raised and Mr. Simpson said he would look into that.  

It was moved by Robert Fisher, seconded by Joe Martin and unanimously acted upon by the Board to approve the 50% of the total buy-in fee amount. 

WTPB Inspection:  Mr. Simpson presented a request to increase the cost for inspection of WTPB due to the additional time and effort required.  It was moved by Joe Martin, seconded by Mark Veenendaal and unanimously acted upon by the Board to increase the Tigre Construction contract by $7,200.

Baptist Road Sewer:  The Sewer Line on east side of I-25 will be relocated to accommodate the culverts for Jackson Creek at a cost to be paid for through the Interchange Project.  This will cost approximately $5,000 in additional in fees to Nolte to finalize that design.

On the west side, the Interchange Project will install the Sewer Line from Old Denver Highway to the Total Gas Station and pay for the engineering. 

WTPB:  As was discussed recommended previously at the Board, Triview is increasing the hours of construction observation from 16 to 30 hours per week on average.  This equates a contract increase of $27,132 which requires Board approval.  The funds come from the Capital Improvement funds (Bonds).  

Mr. Simpson reviewed the basis for the request.  It was moved by Joe Martin, seconded by Robert Fisher and unanimously acted upon by the Board to approve the change order.  Mr. Simpson then reported that Weaver has submitted three change orders that were reductions in the contract of $138,247 and Mr. Repp explained the reasons for the deductions.

Tie-In of Wells A-8 & A-4:  Mr. Simpson presented a request to Tie-In Wells A-8 and A-4.  Mr. Simpson explained the rationale and the current bids.  There is another item required which is the vault to connect with the A-4 line into the potable system and described how this will work.  On the staining, we are working with Mark Snoddy to determine how much it will cost to remove the stains.  We will report back once we have those numbers.

In the Bond Issue there is a sufficient balance to pay for the Tie-In Project which should total less than $160,000.  These funds were earmarked for water and wastewater and nothing else.  Mr. Simpson said he would come back to the Board with the bids for selection.

Misty Creek Park:   In that last Bond Issue there were also funds allocated to Parks and Landscaping.  Triview has historically committed to improving the Detention Pond on Misty Creek, commonly called the “Bathtub”.  Mr. Martin pointed out that the District had to wait and determine what impacts the Baptist Road Project would have on that Pond.  

Mr. Simpson stated he talked to Mike Hussey, the Landscape Architect at Nolte, on what it would take to go out to bid on the Project.  He estimated

That it would take $10,000.  The main issue is that the site is a detention facility and we have to develop it so as not to reduce its capacity.  It is, therefore, more than strictly a landscape design program and we can allocate up to $150,000 for this effort.  

The Board requested to see options and to be able to approve the final design.  It was moved by Robert Fisher, seconded by Joe Martin and unanimously approved the contract with Nolte for Mr. Hussey at an amount of $10,000.

PPRWA:  Mr. Simpson reported that the Pikes Peak Regional Water Authority has formed two committees.  He inquired if any of the Board wants to participate and represent Triview.  The Board directed Mr. Simpson to continue to participate in the PPRWA process on behalf of Triview.

THF:  There is a request from THF for some financial assistance from the Town and/or Triview.  Additionally, THF inquired as to the possibility of extraterritorial services from Triview.  The Board stated that it would not entertain extraterritorial services.  Despite the previous difficulties associated with the project, Triview is willing to consider some reasonable assistance effort.

Street Standards:   The Street Standards revision was started approximately seven months ago.  To date Triview has expended approximately $24,000 for its share with Nolte.  There is a request from the Town for Triview to participate in finalizing the Standards for an additional $31,500 of which 50% ($15,750) would be Triview’s share.  The Board responded that it wants to participate but can not fund the effort at this time.

Responding to questions Mr. Simpson said he had talked to the landlord, Bob Anderson, and the building is on the market.  He said if we could commit to three more years he would pull it off the market.  Mrs. Hill added that we can move to the modular at the WTPB if we have to.

Responding to inquiries about the car lease, Mr. Susemihl stated that the Board can amend its Budget anytime it wants to.  Triview probably has a responsibility for the rest of the year.  Then there was a discussion on how to approach the leasing company on trying to get a settlement of the lease.  The Board requested that Mr. Simpson try to negotiate directly with the leasing company.

There being no further business to come before the Board and upon a motion duly made, seconded and unanimously carried, the Meeting was adjourned at 7:00 pm.

Submitted by: 

Ronald J. Simpson 

Acting Manager