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:

Steve Cox 

Robert Eskridge 

Robert Fisher 

Julie Glenn 

Steve Remington 

Also present were Ron Simpson, Acting District Manager, Triview Metropolitan District, Dale Hill, District Administrator, Pete Susemihl, Susemihl, McDermott & Cowan, P.C.; Will Kroger, Nolte Engineering; Jim Thieme, District Accountant and Tom Sistare, District Auditor.

Guests:  Mrs. Remington, Rick Blevins, Centre and Jim Kendrick, 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 5:01 pm.  

Notice & Posting 

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

Oaths of Office 

Election of Officers 

Approval of Minutes

Mr. Susemihl administered the Oath of Office for:  Steve Cox, Robert Eskridge, Robert Fisher and Steve Remington.  The same Board Members then signed the written Oath respectively.

Mr. Eskridge acknowledged all of the work Dale Hill put into the Board Election and Mrs. Hill recognized Julie Glenn’s contributions to that effort.

Election of Officers was then held.  Responding to Mr. Fisher, Mr. Susemihl clarified the requirements and traditional roles of the Officers and the Each of the following were formally nominated, seconded and elected by acclimation:  President – Robert Eskridge; Vice President – Robert Fisher; Secretary/Treasurer – Steve Remington.  Ron Simpson was designated Assistant Secretary.

The minutes of the April 22, 2008 Meetings were considered.  Upon a motion by Julie Glenn and a second by Robert Fisher, the Minutes were unanimously approved.  

Public Comment 

Department of Corrections 

Proposal 

Audit Presentation 

Administrator’s 

Report 

The President called for any Public Comment to which Mr. Rick Blevins made a presentation to the Board on and “RFO” for the new Colorado Department of Corrections (CDOC) office building consisting of 100,000 square feet to potentially expand to 150,000.  He described the requirements for the project and the potential benefits that would occur if the facility was located in Triview.  The proposal needs to be submitted by June 18, thus the need to discuss this at the current Meeting.  

One of the requirements of the CDOC is to have incremental tax financing assistance.  Mr. Blevins has discussed assistance available through the Town and is scheduled to request participation from BRRTA.  The possible actions include reduction of tap and impact fees and property tax rebates.  Any related incentive (savings) will go to reduce the rent, not go to increase the proponent’s profit.  

Mr. Blevins requested if Triview would participate in reducing the impact fees and possibly property tax.  The building will be owned by a private party and leased to the CDOC.  Mr. Susemihl and Mr. Blevins discussed the exempt status of the facility.  Mr. Susemihl recommended that the District look at some combination of fees and taxes.  

Responding to Mr. Fisher, Mr. Blevins described the proposed scheduled for the new building with occupancy by May of 2010 and that could be extended.  Mrs. Glenn clarified the precedence relates to a public facility and not private inducement.  Mr. Simpson stated that Triview’s total impact fees would be approximately $182,000.  There was then consideration of the potential assessed value and estimated at $60,000 per year in property taxes.  

Mr. Blevins described the two sites being proposed by his firm.  The discussion focused on rebating property taxes and keeping the impact fees due our current situation.  It was clarified for Mr. Remington that the facility would be strictly office space and no detention function.  More discussion on the facility and requirements occurred.  Triview can express its intent and get more specific if is needed.  

The Board considered different possibilities and centered on a percentage five-year rebate on tax and impact fees.  Mr. Simpson stated that we have to make sure that we do not violate any bond agreements by rebating property taxes.  Mr. Susemihl recommended that the District commit to up to $200,000 from a combination of fees and/or taxes over the first five years.  This became the consensus of the intent of the Board.  

Mr. Simpson introduced Mr. Thieme, Triview’s Accountant and Mr. Sistare, the Auditor from Hoelting and Company.  Mr. Sistare explained how the Audit was conducted along with the reviews involved.  The Audit was issued with and Unqualified Statement, which is the highest level that can be given for an Audit.  The records were clean and in order and Mrs. Hill was a great help in this effort because of the extent of information available.  

From the Summary, the General Account (everything but the water and sewer funds) the overall revenues deceased as a result of the debt revenues to $770,000, approximately.  The Expenditures are for everyday operations.  The Water and Wastewater Fund revenues went up about $800,000 due to rate increases that were required by the Water & Power covenants and funds from the Escrow Account (used for the Monument Creek Interceptor).  

The Cash Flows of the Water and Wastewater funds have turned positive with the balance due to the use of funds for debt coverage.  Mrs. Hill explained that the debt was moved to the General Fund from the Enterprise except for the Water & Power loan.  The General Fund balance went up and the Water and Wastewater Fund went down due to the debt service.  The District is getting close to parity there and the trend is definitely improving.

The District operates on a fund basis on an inflow and outflow basis.  The day-to-day numbers have to be described in more of a business sense and bring in capital assets.  The long term liability presents the total debt picture.

There is a statement that Triview is in compliance with the Debt and Water & Power covenants.  This is of specific interest to the Water & Power Authority.

Mr. Sistare responded to Mr. Remington that the Audit did not have to issue a Management Letter because it was found that Triview is meeting requirements for managing funds.  

Mr. Susemihl requested a motion stating that the Board received and reviewed the Audit for 2007.  It was moved by Julie Glenn, seconded by

Steve Remington and unanimously acted upon by the Board.  Mr. Simpson noted that Mr. Thieme and Mr. Sistare put in a lot of effort to get the Audit done for the Water & Power loan ahead of the normal schedule.  Mr. Sistare stated that it says a lot that there are no recommendations to modify the methods for controlling the funds and Mr. Thieme is of great assistance in that situation.  

Mrs. Hill reported that in the packet there is the statement of revenues and expenses through the end of March.  There is always a two-month lag due to sales tax receipts.  Mrs. Glenn and Mr. Fisher also get a different breakdown and she noted that because of the debt numbers, it will look skewed until the end of the year.  There are three Check Warrant Reports:  Operation and Maintenance; Capital Projects and Water Fund rebates.

The exceptions include the costs for the Election.  Next month the GE Capital lease payment ends and Triview will own the modular at the Water Plant.  Mrs. Hill requested approval to pay on the Check Warrants.  Responding to Mr. Remington, Mrs. Hill explained the hydrant meter refunds and how we handle them. It was moved by Julie Glenn, seconded by Robert Fisher and unanimously acted upon by the Board to pay current invoices and vouchers.  

District Engineer’s Report 

District Attorney’s Report 

District          1

Manager’s 

Report 

2 

                     3

Other Business 

Executive Session 

Adjournment 

Mr. Simpson introduced Mr. Koger from Nolte.  Mr. Koger reported that WTPB substructure is complete and the filters should be delivered by the end of the week.  Within a week the building around the filters will take several weeks to complete.  In all, it is going well.  Mr. Simpson said there was a change order of $25,000 to include lightning protection but the costs are still running about $105,000 below the contract amount.

He stated that the WWTF is proceeding at about 60% of the construction is complete.  

Mr. Susemihl reported that he has an item for Executive Session.  Mr. Susemihl reported that Sanctuary Pointe Hearing can be closed due to the status.  He also reported to Monument that the conditions for Annexation have been met.

Mr. Simpson reported on the Discussion Points and the Draft of the Memorandum of Understanding with the Town.  Mr. Simpson recommended that instead of taking time at the Meeting to conduct a Work Session on a Saturday morning and discuss the items involved.  He was informed by the Town that Monument will not proceed with this matter until Triview decides what it wants to do. This should help get prepared for the next Joint Work Session with the Town.  Mr. Eskridge and Mrs. Glenn recommended having a Work Session.  It was determined that one will be attempted for the 14th or 21st of June.

The bid for the tie-in of the wells was discussed.  Mr. Simpson explained that we still need one more item for the Vault.  There was a discussion on how to proceed and it was determined that we can proceed with the lowest bid assuming that the Vault bid is in line with the other bidders and the total is lowest.  Pate’s bid was approved with the caveat that they have the low bid with the Vault included for the accumulative low bid.   It was moved by Bob Eskridge, seconded by Julie Glenn and unanimously acted upon by the Board to authorize Pate to complete the tie-ins if they are the low bidder on the total project.

The letter from Mr. Craig Anderson was discussed and the reimbursement that was contained in the Inclusion Agreement with Monument Ridge.  The 12-inch water line in Struthers Road was reimbursable.  The original number is approximately half what is being requested.  The costs need to be verified.

The Agreement did not specify a dollar amount.  Mr. Simpson said we can negotiate on this once we verify the costs.  Different alternatives were discussed.  Mr. Fisher pointed out that Triview reduced the Impact Fees based upon his request.  It was determined to negotiate this item.

There was no Other Business to conduct. 

It was moved by Robert Fisher, seconded by Julie Glenn and unanimously acted upon to go into Executive Session under 24-6-402.4e:  Discussion of Matters Relative to Contract Negotiations at 6:40 pm.

The Board came out of Executive Session at 7:31 pm. 

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 7:32 pm.

Submitted by: 

Ronald J. Simpson 

Acting District Manager