Skip to content

April 18, 2022 Video Board Meeting

Transcript

AGENDA
Board of Directors Meeting
Monday, April 18, 2022, at 6:00 p.m.
7404 Yorkshire Drive, Castle Pines, CO 80108

CPNMD residents are welcome to Zoom in or participate in person.
To Zoom in, please sign up before 12:00 noon on the day of the board meeting and follow the step-by-step instructions at cpnmd.org/cpnmd-zoom-meeting-sign-up.

I. Welcome. Call meeting to order. Pledge of Allegiance.

II. Roll call. Determination of quorum. Disclosure of potential conflicts.

III. Consider approving April 18, 2022 board meeting agenda.

IV. Consider approving regular monthly board meeting minutes of March 21, 2022.

V. Presentation from the City of Castle Pines regarding its new stormwater system responsibilities in The Canyons and Castle Valley developments and the City’s desire to secure an intergovernmental agreement (IGA) with CPNMD to assume operations and maintenance responsibilities for the community’s stormwater system and the associated billing.

VI. Status of eight action items PWSD claims are prerequisites for Inclusion of CPNMD's water and wastewater utilities.

A. City of Brighton's water rights lawsuit.

B. Negotiating consent decree with the Colorado Department of Public Health & Environment.

C. Separating jointly-owned, 1980s-era groundwater rights between CPNMD and its southern neighbor, Castle Pines Metro District in The Village.

D. Renewing water wheeling agreement with Centennial Water & Sanitation District.

E. Securing Chatfield Reservoir storage-fee waivers.

F. Recording decades-old water & wastewater infrastructure easements and property rights conveyances CPNMD inherited from previous administrations.

G. CPNMD's water wells and water treatment plant.

H. PWSD's demand that CPNMD pay it $11,032,778 more than the mutually agreed upon, voter-approved $34.8 million Inclusion fee.

VII. Status of due-diligence discussions with other (non-PWSD) water providers regarding potential Inclusion of CPNMD's water and wastewater utilities.

VIII. First public comment period limited to specific agenda items in Roman Numerals V through VII above (three-minute maximum per person).

IX. Parks, Trails & Open Space Manager's report.

X. Water & Wastewater Operations Manager’s report.

A. Resolution of odor in Forest Park & Castle Point neighborhoods.

XI. Finance Director's report.

A. Consider approving financial report, payables, and claims for payment, including Check Nos. 26810–26861 (March 12, 2022 – April 8, 2022)

General Fund & Debt Service
Approve $62,926.93
Ratify $62,626.93
Totals $125,553.86

Enterprise Funds
Approve $624,388.02
Ratify $624,388.02
Totals $1,248,776.04

Electronic Payments (all funds)
Approve $72,852.00
Ratify $72,852.00
Totals $145,704.00

Total Expenditures
Approve $0.00
Ratify $0.00
Totals $760,166.95

XII. Legal Counsel's report.

A. Working draft Intergovernmental Agreement (IGA) as the basis for CPNMD to convey its stormwater system responsibilities and funding to City of Castle Pines.

B. Resolution of City of Brighton’s lawsuit against CPNMD and Aurora Water.

XIII. District Manager's report.

A. Review Bid tabulation and consider authorizing Notice of Apparent Lowest Responsible Bidder, and Notice to Proceed upon receipt of a signed contract, insurance certificates and bonds.

XIV. Directors' matters.

A. Monday Mornings with McEntire & Worley.

XV. Second public comment period (three-minute maximum per person).

XVI. Adjourn.

Two and a half months ahead of its scheduled court appearance, the City of Brighton agreed

to resolve its lawsuit against the Castle Pines North Metro District (CPNMD) and Aurora

Water. The net result is a win/win for all three jurisdictions and, most importantly, for

CPNMD customers. Pending the approval of each governing body, the lawsuit resolution

means CPNMD will sell roughly 585-acre feet of water located in northern Colorado to

Aurora and Brighton for a total of $18,195,000.00.

During a special board meeting on Wednesday, April 6, 2022, CPNMD directors agreed, in

principle, to use the proceeds from the sale to pay down CPNMD's debt.

"As a practical matter, I think this is the best of all possible outcomes," said an elated Director

Denise Crew. "In the next 30 days, Aurora and Brighton will assume ownership of CPNMD's

water rights, and CPNMD will pay off, in full, its $18,805,000.00 certificates-of-participation

debt. As a result, we will be an even more attractive Inclusion partner for Parker Water and

other larger potential Inclusion partners that offer better economies of scale and lower rates

than Parker."

"This transaction puts CPNMD in the driver's seat and serves as a wake-up call for Parker

Water," said CPNMD President David McEntire. “As I’ve said before, if and when PWSD

wishes to revisit the Inclusion, we stand ready and willing to work with them in good faith.

Given the millions of dollars in water and wastewater infrastructure upgrades we've recently

installed and will continue implementing — and recognizing CPNMD customers annually use

less than fifty percent of the water we are legally decreed — eliminating debt enhances

CPNMD’s negotiating position. On multiple occasions, PWSD General Manager Ron Redd has

said, he remains open to revisiting the Inclusion opportunity in the future. Ron, respectfully,

the future is now.”

"The resolution of Brighton's lawsuit is a game-changer," said Director Christopher Lewis.

"We're going to continue working to secure our community's water future wisely and at less

cost. Moving forward, all potential Inclusion partners in the market know we're open for

business and eager to Include with a fair-minded partner. I'm excited to see how other

potential Inclusion partners propose to sweeten the pot and make our residents a better offer

than Parker's attempted $11 million money grab."

Background: CPNMD owns water rights in northern Colorado, which it is unable to access

without spending tens of millions of ratepayer dollars to finance, design, build, operate, and

maintain a water pipeline between Fort Lupton and Castle Pines. Last year, CPNMD sought

bids for the sale of those water rights. The City of Aurora submitted a bid package hundreds

of thousands of dollars greater than the City of Brighton's bid. The City of Aurora's high-bid

package, combined with the fiduciary and stewardship responsibilities CPNMD has to its

customers, prompted the CPNMD board to award its water rights to the City of Aurora,

thereby providing CPNMD's property owners and residents with the highest possible

return on investment. The City of Brighton was unhappy with the outcome and filed a

lawsuit contesting CPNMD's decision.

In short, the collegial resolution of Brighton’s lawsuit eliminates the need for a trial in late

June and positions us to retire CPNMD’s certificates-of-participation debt, thereby saving

CPNMD ratepayers more than $10.5 million in interest payments over the life of the

what would have otherwise been the remaining 22-year term, expiring in 2044.

Describer:

The video starts on graphic with a white background and forest green letters which says “Castle Pines North Metro District Board Meeting April 18, 2022”. The meeting opens on a shot of all board members present. There is also a T.V. screen showing the Zoom meeting for people joining the meeting via Zoom.

Board President David McEntire:

Good evening everybody. Those in person, those that are online. Welcome to the Monday April 18th, 2022 Board of Directors meeting. Before we get started, I want to or as a part of getting started I wanted to call the meeting formally to order and ask that everyone join us in saying the Pledge of Allegiance, please.

Describer:

The board members and the audience rise from their seats and recite the Pledge of Allegiance. When they are done, they sit down again.

All Speak:

I Pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

David:

Is that Chris in the shower or is it just an echo chamber? Welcome Chris, Chuck. Who else? Amanda.

And we've got David Anderson here, Nathan Travis in person tonight. Welcome fellas. I will conduct roll call and make certain that I can see that far and that you are truly here and present.

Board Member Director Chris Lewis

Director Lewis. Here. No conflicts.

Board President Chuck Lowen:

Director Lowen. Present. No conflicts.

Board Member Director Denise Crew:

Director Crew. Present. No conflicts.

Board Member Director Robert Merritt:

Director Merritt.

David:

We got word that he was detained in a cockpit of, of high importance. So he's going to miss tonight. I'm here. No conflict. We've established a quorum, again welcome to everybody. I will ask my colleagues who have had an opportunity over the course of the last ten days, two weeks to work on the agenda. And approve the one that we have before us this evening as well as your review of the regular board meeting minutes of March 21st. If there is a motion to approve them.

Denise:

I'll make a motion to approve the April 18th 2022 board meeting agenda. As well as a motion to approve the regular monthly board meeting minutes of March 21st 2022.

Chris:

I second it.

David:

We've got a motion on the floor and a second to approve the agenda this evening. As well as the minutes from our March 21st board meeting. Is there any other or any more discussion on the matter? Hearing none will call for a vote on the approval or otherwise.

Board Voting All Speak:

Director Crew. Aye. Director Lewis. Aye. Director Lowen. Aye Director McEntire’s an aye. The motion carries unanimously.

David:

We are off and running to item five. This evening everybody, we have with us the city of Castle Pines represented by.

Describer:

David picks up a small stack of papers and looks at Larry, while he jogged the stack of papers together. Larry Nimmo is also at the podium speaking. He will sit back down once he is done.

Larry Nimmo, Public Works Director for the City of Castle Pines, Colorado:

Thank you. Larry. Yeah. Good evening. I'm Larry Nimmo, public works director for the City of Castle Pines. For the few that don't know me I mean David and Jack. And we talked a few times. Once or twice anyway. We're here tonight to present a proposed stormwater IGA between the city of Castle Pines and the Castle Pines. Castle Pines North Metro District.

It's easier to do the abbreviation at times. The goal for tonight's presentation is to outline both the advantages of bringing cohesiveness to the entire community stormwater system both from a maintenance perspective as well as the MS4 permit compliance. This IGA is, is especially timely given the increased requirements of the nonstandard permit that was issued last year by CD.

CDPHE. CDPHE. Presenting tonight will be Joe Marencik with Castle Pines. He's our new stormwater coordinator position. Also tonight Jennifer Keyes who is with Wright Water Engineers, who's been helping us since 2017 is stuck somewhere on I-25 somewhere southbound. She was at Dry Creek last we heard. So she joins us, great. If not, Joe is completely prepared to, to present all the slides and I'll still be here. So that's all I really have. And we got a question. If not I want to turn it over to Joe. He's got to get the slides running. Thank you. Hello everybody.

Describer:

Larry steps away from the podium and Joe Marencik steps up to prepare the slides for the presentation. Larry steps forward next to Joe to listen to David. When he is done he will sit down and Joe will present.

David:

Fellas if you, if you run into that tongue twister. Castle Pines North Metro District feel free to use the initials. We know what it means.

Joe Marencik Stormwater Program and Utility Manager:

Okay. As Larry said, my name is Joe. I'm the new stormwater coordinator for the City of Castle Pines position that was previously contracted out to Wright Water Engineering. But as of about two and a half months ago they brought it in-house. I've taken over pretty much all of Wright Water's duties including inspections permit compliance, everything dealing with the MS4 permit.

Here we go. So get this out of the way up front. Municipal separate storm sewer system. That's what MS4 stands for. Castle Pines is a standard Phase II, Permit E and CPNMD is a nonstandard permit. So that covers schools, metro districts, things of that nature. As Larry mentioned there's a new nonstandard permit that was issued in 2021 CDPHE as they've done with some of the other recent permit renewals.

Denver, Colorado Springs have increased in some cases significantly. The program, the programmatic requirements and documentation that is required of all the non standards. So statewide all the non standards in this area Douglas County School District, you guys, Highlands Ranch Metro District are all having to grapple with how to meet these new standards. School districts are especially having a problem because they're really not set up to be, have a stormwater compliance program.

The MS4 permanent requirements briefly include education and outreach, illicit discharge detection and elimination. So this is finding pollution and preventing pollution from entering the system. Good housekeeping and pollution prevention. That's really an internal process that deals with internal staff in the measures that permits take to prevent pollution, construction inspection program. And then a post construction inspection program. And both those include extensive inspections and review and approval of planks, stormwater plans and post construction SEM. So permanent control measures, those all have to be reviewed and approved and then inspected in the long term.

Castle Pines and Castle Pines North Metro District MS4 boundaries overlap actually are included. So all of Castle Pines Metro North Metro District MS4 Boundary Falls fully within the city boundaries of Castle Pines. This can create some further problems. We have stormwater ownership spread over the city of Castle Pines, Castle Pines North Metro District and 24 HOAs. And throwing the school district in there. And it becomes quite the hodgepodge of stormwater system, it's quite the rainbow. It can be fairly confusing.

This is kind of an example, not kind of. This is an example of the situation we're dealing with with this mixed storm sewer system in Castle Pines and Castle Pines Metro District and the HOAs. So this is not unfamiliar to everybody here. It's the intersection of Monarch and Castle Pines Parkway. I can add in the stormwater conduits. So these are all the pipes.

All these colors are owned by different groups. The red is actually Castle, the city of Castle Pines. There's some gray ones here you can't see as you zoom out. You can only imagine how big the color scheme gets. If we drill down a little bit further I can add in open channels and streams. So these are curb gutter inlet networks. As well as stream corridors.

So the large yellow line running through approximately the middle of the, of the screen is Happy, Happy Canyon Creek which is owned by Castle Pines North Metro District. And then further complicating it I can add in the ponds. As you can see the metro, the Happy Canyon Creek runs through the metro district's ponds. But all the pipes flowing into that pond are owned by the City of Castle Pines.

The pipes flowing out of that pond are owned by the City of Castle Pines. which then again flow back into Castle Pines North Metro District. You can see all the other colors flowing into this system. If you go north along Monarch, you can see two small ponds on the west side of Monarch as well. So there's about 50 ponds within the city of Castle Pines.

They're owned by a wide variety of, of ownerships between Castle Pines North Metro District and really all the HOAs, Douglas County. So it's a real hodgepodge of ownership which makes managing the stormwater system fairly complex.

Describer:

Denise is speaking off mic and is briefly inaudible

Denise:

Yeah. Each different color somebody else owns that pipe. Yes. But how does that work then? They own it. But you will maintain it?

Joe:

No, currently no. We're only responsible to, to maintain pipes that we own. You guys are responsible to maintain, inspect and maintain pipes that you own. Okay. The problem with the overlapping MS4 permits really comes into play. Where if you had an issue in your pond and it entered our pipe system now it becomes both of our problems. So the state would come after both entities if there was an issue. And if an HOA is involved in that and it further complicates it. So somebody could be doing something, an HOA could be doing something upstream that ultimately would legally impact your system and our system.

Denise:

Does that have anything to do with the updated need for the permits or the changes in the permit?

Joe:

That was, that was a statewide change. Every, the permits are supposed to renew every five years. It's always much longer than that.

They just get more and more stringent across the state. Okay. What, how it's set up here is this mixed stormwater system here is fairly unique. I came from El Paso County and El Paso County owns all the MS4 system except private ponds that drain into it. And then we would have jurisdiction over those ponds where my staff would go and inspect those private ponds and we'd say you have to do this maintenance or else we're going to come in and do it for you and back charge you. Because of the liability, upstream liability issues that creates for the county.

Denise:

Okay, thank you.

Joe:

Jen, you wanna take over?

Describer:

Jennifer Keyes is speaking at the podium, when she is done she will sit back down.

Jennifer Keyes, Project Manager, Wright Water Engineers for Castle Pines, Colorado:

Yeah, great thank you. I'm sorry for being late, I had some unexpected traffic. But my name is Jennifer Keyes. I work for Wright Water Engineers and we've been working with the city since 2017. And so I have some historical knowledge of the system that the Castle Pines has as well as a little bit with the system that Castle Pines North Metro District owns.

In 2018 Wright Water Engineers performed a study. A stormwater feasibility study in that we were looking at all of the storm water pipes within the city limits. And trying to evaluate how best they could be maintained and the city meet all of their MS4 requirements. As well as being able to fund that. Because as Joe mentioned there are more and more requirements associated with these permits. So it requires more resources.

And also there is definitely an expectation that all storm sewer pipes are being maintained and operated correctly not just sort of waiting for a problem to happen but actually having a proactive maintenance program as well as a mapping program. So one of the things that we found when we did our study is as Joe mentioned there are numerous entities that own storm sewer pipe within the city.

So that does make it really complex. And it makes it hard for community members to know who owns what. Because they don't even have as many resources as we do to really understand who owns what pipe. So when there is a discharge into the storm sewer they're often left wondering who to call. The other thing that we acknowledged in our report is just this ever changing and increasing responsibilities.

As I mentioned, the MS4 permits not only for the standard ones like the city holds but also the nonstandard ones that the district holds. And really the expectation is that there's going to be more operational and maintenance costs with those systems. And that's what we discussed in our report. As well as the city has increased their area because they've now have development happening on the east side of I-25. So that's really changed the way that the city needs to manage their storm sewer system program.

Describer:

On screen.

Text reads:

CITY OF CASTLE PINES CASTLE PINES NORTH METRO DISTRICT STORMWATER IGA.

Jennifer:

We found in our report that there's really a benefit to having a consistent storm system that's really managed by one entity. And having a maintenance program for all of that system. And having it so you can rotate different years.

Describer:

On screen.

The right side of the screen has a white background with large green title text that reads:

MUNICIPAL SEPARATESTORM SEWER SYSTEM (MS4)

Below the title, a bulleted list reads:

• Castle Pines - Standard Phase II permittee

• CPNMD - Non-standard permittee

▪ New non-standard permit issued in 2021

▪ Significant increased requirements in programmatic elements and documentation.

Jennifer:

Having different portions of it cleaned, having it TV’d, making sure that you know the conditions of it. Also starting to get your capital improvement projects. So you can start funding the replacement of pipes as they're starting to age out of the system.

Describer:

On screen.

The left side of the screen has a white background with a large green title that reads:

MS4 REQUIREMENTS.

Below the title, a bulleted list reads:

• Requirements include . . .

▪ Education and Outreach

▪ Illicit Discharge Detection and Elimination

▪ Good Housekeeping and Pollution Prevention

▪ Construction

▪ Post Construction.

Jennifer:

And then the other thing we did note in here, we proposed a couple of different alternatives for funding really. You know, these programs for maintenance and operation of the MS4 program and the.

Describer:

On screen.

The title of this slide is "Castle Pines and Castle Pines North Metro District MS4 Boundaries."

This is a high-level regional map that zooms out completely to show the legal boundaries of the entire area. The purpose of this slide is to show the "big picture" territory before zooming into the specific neighborhood streets from the previous slides.

The map uses a large, solid orange-shaded region on the left to mark the Castle Pines North Metro District boundary. Surrounding and encapsulating this orange area is a jagged red outline that marks the official Castle Pines City Limits.

The main information this slide is trying to show is how water flows through these legal borders. The entire map is covered in a web of bright blue squiggly lines labeled as Streams. You can see these blue stream lines originate way up in the hills on the left, cut directly through the orange Metro District territory, flow across the red City boundaries, and eventually head east toward major regional markers labeled Unincorporated Douglas County and Lone Tree.

This macro view sets up the entire meeting, proving that because their waterways are physically connected on a regional scale, the City and the Metro District must create a unified plan to manage the water flowing down into the neighborhoods below.

Jennifer:

Not only the system itself but also, you know, chasing enlisted discharges figuring out where they occurred, when they occurred, how they're being cleaned up and addressed.

All of those things are really resource heavy. And so I think you do need to have a funding mechanism. It's also better for that funding mechanism to have a consistent program throughout the whole city.

Describer:

On screen.

A presentation slide titled "MIXED STORM SEWER SYSTEM WITHIN CASTLE PINES- CPNMD BOUNDARY"

The slide shows the central residential pocket of the district, framed by West Castle Pines Parkway on the north and split down the middle by Monarch Boulevard.

The title labels this a "Mixed System" boundary to show a geographic zone where the City's main road drainage meets the Metro District's neighborhood pipe network. On the higher ground to the left, rain flows down smaller residential streets like Sherman Street, Carey Lane, Exeter Drive, Norfolk Place, and Oxford Drive, heading straight toward the city's central main roads. On the lower ground to the right, streets like Shoreham Drive and Tenby Way wrap around a natural valley with an open creek and a stormwater pond.

They are highlighting this specific street grid because it represents an area where stormwater infrastructure responsibilities overlap. The pipes under these neighborhoods connect directly to each other, creating shared maintenance, flooding liabilities, or structural repair costs between the two entities.

Jennifer:

So we also noted that neither the city or the metro district to our knowledge has updated any of the mapping since the 2013 study that was done by the metro district. And really, that's a program that needs to be updated all the time.

Describer:

On screen.

A presentation slide titled "MIXED STORM SEWER SYSTEM WITHIN CASTLE PINES- CPNMD BOUNDARY" Underneath the title, a bullet point has been added that reads:

The slide shows the central residential pocket of the district, framed by West Castle Pines Parkway on the north and split down the middle by Monarch Boulevard.

The title labels this a "Mixed System" boundary to show a geographic zone where the City's main road drainage meets the Metro District's neighborhood pipe network. On the higher ground to the left, rain flows down smaller residential streets like Sherman Street, Carey Lane, Exeter Drive, Norfolk Place, and Oxford Drive, heading straight toward the city's central main roads. On the lower ground to the right, streets like Shoreham Drive and Tenby Way wrap around a natural valley with an open creek and a stormwater pond.

They are highlighting this specific street grid because it represents an area where stormwater infrastructure responsibilities overlap. The pipes under these neighborhoods connect directly to each other, creating shared maintenance, flooding liabilities, or structural repair costs between the two entities.

Jennifer:

Every time there's a change, especially as you have new developments that are coming online. So that's definitely a need. As the city moves forward in the future.

Describer:

On screen.

A presentation slide titled "MIXED STORM SEWER SYSTEM WITHIN CASTLE PINES- CPNMD BOUNDARY" Underneath the title, a second bullet point has been added to the list:

This slide highlights the Open Channels and Streams, which are marked by a vast network of bright blue lines that cover the map. While the red lines show the hidden underground pipes, these blue lines show the open drainage pathways you can actually see at the surface. Think of them as the visible neighborhood ditches, concrete roadside gutters, and natural creeks that catch water right off driveways and lawns to stop immediate flooding.

The blue lines reveal that open channels completely wrap around every single block. They run continuously along the sides of the main roadways like West Castle Pines Parkway and Monarch Boulevard, and line the smaller neighborhood loops including Sherman Street, Carey Lane, Exeter Drive, and Norfolk Place.

The main purpose of showing the blue lines next to the red lines is to reveal where the surface water goes. The blue gutters collect the rainwater on your street and carry it to the red underground pipes. Those red pipes then carry the water downhill and dump it into the largest blue channel on the map: Happy Canyon Creek, which runs straight down the valley on the east side of Monarch Boulevard.

Jennifer:

I also have a slide in here. Talk a little bit about some of the changes to the nonstandard MS4 permit. And just as a reminder, the nonstandard is the one that the district holds.

Describer:

On screen.

A presentation slide titled "MIXED STORM SEWER SYSTEM WITHIN CASTLE PINES- CPNMD BOUNDARY" Underneath the title, a third bullet point has been added to the list:

This final layer adds a massive, elongated pink shape right in the center-right of the map to highlight the stormwater detention ponds. These ponds act like giant safety valves or structural buckets. When a heavy storm hits, the rushing water cannot just dump straight into the creek all at once, or it would cause severe erosion and flooding. These ponds catch the water first, holding it temporarily and letting it drain out slowly and safely.

The pink shape is nestled directly between Monarch Boulevard on the west and Shoreham Drive on the east, stretching vertically along the natural green valley.

This slide ties the entire presentation together by showing how all three layers work as one single machine. The blue surface gutters along roads like Exeter Drive and Carey Lane collect the rainwater and feed it into the red underground pipes. Those red pipes carry the water downhill, passing right under Monarch Boulevard, and empty it directly into this giant pink pond zone. The pond holds the water, filters it, and then slowly releases it into the main yellow-and-blue channel of Happy Canyon Creek.

By showing this complete picture, the presenter makes it clear that the neighborhood's street gutters, underground pipes, and this massive central pond system are physically locked together, proving why one unified team needs to manage the whole area.

Jennifer:

That permit was just renewed. So there's a whole compliance schedule. And it is nice that at least there's a schedule for it. It's not all, you know, requirements that have to be done tomorrow. However a lot of those requirements are very resource intensive.

Describer:

On screen.

A presentation slide featuring a document cover page on the left and a list of bullet points on the right. On the left side, a light green box contains the title "2018 STORMWATER FEASIBILITY STUDY". The text on the document cover reads:

On the right side of the screen, the following bulleted text is displayed:

Jennifer:

Really, you must have some kind of an illicit discharge program where you're not only having a way of tracking those illicit discharges and reporting them. But also tracing them, making sure that the public knows how to report them. And that's where it gets really tricky with that map that Joe showed you. Because you can tell you know on that map there's so many different colors you don't even know who owns what really. And I think also even with the 2013 study, you know, we'd want to go back and make sure, you know, all the pipes are right.

Describer:

On screen.

The title of this slide is "Non-Standard MS4 Permit Requirements."

This slide moves away from the maps to lay out the strict legal rules forcing the board to take action. On the right side, there is an official document image from the Colorado Department of Public Health and Environment. This document is the actual state-issued clean water permit that legally binds the district.

The main text on the left lists the heavy regulatory burdens this permit places on the Metro District. To make this easy to understand, the state is essentially demanding that the district run a full-scale environmental protection agency, which includes:

Jennifer:

And that we really do have the right ownership there too. Even with the HOAS. And then there's also extensive public education on a ton of topics ranging from pollutants that often get discharged into storm sewer systems like oils and greases and petroleum products. But also with nutrients. Because we are part of the Cherry Creek basin there's a real big emphasis on that. And even lawn cutting material things like that. So a lot of public education that really it helps if it can be out of a centralized location.

The mapping I mentioned already, it really needs to be updated. You need to identify all your outfalls for the MS4 permit. And they've added in that they really want to know interconnections. And with the system you just saw there are so many interconnections. And it does make it just really difficult. And so if you can try to pare down the number of interconnections I think the easier it is to manage having to identify every one of them. Because there are fewer of them.

Also you're supposed to have runoff control measures and training for permittee-owned facilities. Also a real emphasis on training staff and contractors and developers on construction and post construction requirements. As well as the illicit discharge. I think that is really easier for the city to do because they do have the regulatory authority for land use. So it kind of can be built into the city permits.

You also have to provide construction and post-construction oversight. So they're designated times that you have to, to frequency that you have to do that for each one of those programs. And perform design review meetings and reviews making sure that all of the permanent ponds and water quality features meet all of the MS4 requirements. So that's really important that it gets done.

And then also there's just been a huge increase in the amount of program documentation that you have to do under the nonstandard permit. And soon we'll see it also in the standard permit too. And with that I'm going to turn it back over to Joe, who's going to talk about some of the benefits of this draft IGA would have on both the city and the district.

Joe:

Thank you, Jen.

Describer:

On screen.

A presentation slide titled "BENEFITS OF THE IGA" in large, dark green text at the top right.

The right side of the slide lists the following bullet points in black text:

Joe:

So briefly the benefits of the IGA and a lot of this has been covered already this evening. Castle Pines has a standard MS4 permit in the land use Authority within the city. So by entering this IGA Castle Pines Metro district would no longer need the nonstandard permit. The city of Castle Pines would take on Castle Pines North Metro District's responsibilities and accept the stormwater system in an as-is condition.

Community benefits from one entity responsible for storm sewer systems and responding to listed discharges in other permit requirements. By consolidating all of that under one MS4 compliance program all requirements get met in a more timely and consistent manner. Consistent maintenance and operation of the storm sewer system. Like I said, Castle Pines is now pulled stormwater coordinator position in-house.

A large portion of my time is spent doing construction inspections, maintenance inspections. Pretty soon I'll start inspecting all the HOAs and they'll start to get letters from me. The metro district will start to get letters from me. The city has the resources to properly manage the stormwater program with a dedicated stormwater staff, me currently. And then this would allow for a uniform stormwater fee structure throughout the city via stormwater enterprise as Jen alluded to.

We have the east side of 25 now. There's stormwater infrastructure over there. State statute says that when you establish a stormwater utility or stormwater enterprise fee the fees must be equal and equitable and fair across the jurisdiction.

Getting to the stormwater enterprise utility fee. This would really be driven by a stormwater assessment. So once the IGA is in place on a storm system wide stormwater assessment would be done.

Describer:

On screen.

A presentation slide titled "STORMWATER ENTERPRISE UTILITY FEE" in large, dark green text at the top left.

The left side of the slide lists the following bulleted text:

Joe:

That would drive operation and maintenance needs based on that assessment. And then eventually stormwater related capital improvement projects whether that's pipe or flared instruction replacement or stream bank stabilization stream bank stabilization projects.

For reference, other municipalities, their stormwater enterprise utility fee and this is a residential per month fee. Castle rocks at $7.30 Parkers at $8.08 and Lone Tree is at $7.15. What a fee in a unified Castle Pine stormwater system would be. We would not know until we were able to go through and assess the current condition of everything. And then look at current and future only needs. To kind of summarize this.

Describer:

On screen.

A presentation slide titled "IGA IMPLEMENTATION TIMELINE" in large, dark green text at the top left.

The center of the slide features a flowchart consisting of six dark green rectangular boxes arranged in two rows, connected by directional arrows showing a sequential step-by-step process.

The top row flows from left to right:

A vertical arrow points down from the third box to the start of the bottom row, which flows from right to left:

Joe:

If the IGA is implemented the stormwater enterprise would be established immediately as outlined in the IGA. The city would conduct the stormwater asset assessment system wide, more than likely because of the size of it and the cost associated. It would possibly be a small portion of it that we would scale up to kind of represent the west side of Castle Pines. And what we'd be looking at. City develops stormwater O&M plan.

And then we would, it's kind of in my way, implement a citywide stormwater fee. So like I said it has to be fair, equitable and it has to be uniform across the municipality. There would be annual stormwater inspections and maintenance. So as Jen alluded to portions of the system, specifically the pipe system, we'd have on a rotational basis.

So we didn't do it all over a year. We would kind of rotate it through the years to break up the cost. The ponds get done every year. That's not currently a permit requirement. But it's more than likely going to be a new permit requirement. That all permanent stormwater quality features have to be inspected annually. And then all of this would ultimately drive any capital improvement projects that need to take place. And with that, I will take any questions.

Describer:

On screen.

A presentation slide titled "Questions?" in large, dark green text centered at the top.

Denise:

On the east side of I-25 is everything more uniform than the west side?

Joe:

Uniform, I mean not divided between 24 HOA? Yeah. Correct. Currently all the stormwater infrastructure over there will eventually fall under the ownership of the city of Castle Pines.

Denise:

Okay, is that the plan eventually on the west side of I-25? To possibly take over from an HOA or.

Joe:

I, we don't know. That actually came up recently and we're not quite sure how that would work. Larry, you want to? As public works director?

Describer:

Larry is standing back at the podium and Joe has stepped away from the podium to let Larry speak.

Larry:

We had, we're getting contacted from some private communities. The streets are private, everything's private. And the only, the stormwater. And they're wanting to know why. It's like these HOAs were formed years and years ago and they developed all this stuff.

The one thing we can tell you is everything on the east side of I-25, all the stormwater system. And when I mean that ,I mean the entire system drainage grade. Everything is per 100 year, flood 100 year flood plain. Did I say that right? I got to make sure these guys keep me straight on my terms. Whereas over here whatever, whatever specifications were in place at the time. So these are not the same as the stuff over there.

Denise:

So for example if an HOA owns some of these pipes right now how is it funded through their home through their HOAs?

Larry:

Through their HOAs is what we're being told.

Denise:

Versus on that side how are they built?

Larry:

That's what we're setting up right now. That's part of what this is. Generating this whole conversation. We're getting ready to start establishing that. And so that kind of generated the bigger picture here. I see. Yeah.

Denise:

So right now, no residents over there.

Larry:

None, all of it still basically there's nothing we've accepted yet. Okay. It's still under construction under or under their warranty. We are getting ready to start accepting ponds and pipes. The first we did initial acceptance but we're getting ready this year. We'll accept a bunch of this stuff on final acceptance. So that's when we will start taking over. That's what's generating getting this started.

Denise:

I just kind of assumed it'd be like electricity or other water sewer. As soon as you own the home you start paying for it. That's not the case.

Larry:

No no because we technically did not. As of now the developers were still responsible for all maintenance. And if the pipes need to get cleaned and less need to get repaired they have to take care of it to get us to take it over. Once we take it over, that's when everything starts changing. Okay. Thanks. Okay.

Denise:

Yeah, you answered it. Thank you. Okay.

Chuck:

Larry, this is Chuck Lowen. I had a quick question. Sure. Recognizing that the commercial district has quite a few of their own retention ponds. Did I understand you that it is your future intent to take over those retention ponds for maintenance and update upkeep?

Larry:

No that's, we're not they'll. That hasn't really been gone into yet. Like I said, that's a topic of conversation. We're hearing more of the stuff on the east side of the highway that was already accepted. But at some point in time, we're going to have to take I believe we're going to take a look at everything. And we've had a number of the private homes. Jennifer Keyes has been out with me to a number of private homes to look at their storm systems because they're having problems now. They're all old and they're wearing out.

So I think that's something that maybe in the future but it's nothing. We got on a drawing board at the moment. Yeah they will be. They are always inspected. The inspections will occur. And then we send the owner of the property the letter that says you need to do this. Well, you know about that. Thank you.

David:

Chris, do you have any questions?

Chris:

Just a couple. So Joe and Jen we appreciate you guys coming to the, I can't see the room. Is there any way I can see the room?

Describer:

Larry stopped sharing his screen so that Chris would be able to see the room.

Chris:

Okay, thank you. So we appreciate you guys coming and presenting. Just a couple of questions. So, Wright Water Engineering. You guys are being on the city's payroll. Or under supporting since 2017?

Larry:

Yeah they are, they were. The person that was here before did retire. Carrie Powers. Thank you. Carrie Powers had done it before then. Once she retired. Wright Water took over that responsibility. So yeah, we have had him as a consultant up until this year. They have done all the construction and post construction inspections everything they have managed that we now have internalized all of that.

Chris:

Okay. And since that time, I see you said you guys did a survey. So you have maps of all the different stormwater information. And I think you're saying the last time ours were updated was 2013?

Larry:

Yeah, the maps you're seeing are the information we picked up from the 2013 that was provided to us by the Castle Pines North Metro District.

Chris:

Okay, so I'll have a question for Jim as a follow up. But when were our maps updated? Because I thought we did a GPS, GIS survey of various assets and so forth three years ago, maybe? So, but, and since then since you guys have been involved do you guys have like an overall strategic plan? You talked about 24 HOAs and the metro district and whatever the city owns currently. And now you have the area on the east side of the highway.

Do you guys have an actual strategic plan on how to deal with all this new responsibility that essentially, you have shared with all of the different folks that I guess roll up to this plan? Because I don't think, I don’t think I remember hearing anything about this since I've been on the board.

Larry:

Okay, so as far as the strategic plan this is kind of the first step in that strategic plan. But I think we, I can let Joe go revisit that with you what our plan is. But the goal is to get this all working the same way across the city. So let me let Joe speak to the rest of that.

Joe:

As I mentioned in the presentation, if the IGA is pushed through and approved. Then at that point we would do a system wide assessment to bring those maps up to current specs. So we know who owns what and where it is.

A lot of that there's still even unknown from the 2013 date of the metro district provided. There's a lot of unknown ownership. Some of it’s easy to figure out. Some of it's not. Once we figure that out and we do an assessment of the system. Then we would develop a strategic plan. And operations and maintenance plan that would drive future maintenance needs either scheduled or planned out or rotation on both sides of 25 on the east side of 25.

That's all fairly brand new and a need to do anything over there and it's constructed in a different manner. It's a way, ways off in the future where things on the west side of 25 are getting older. And in need of replacement or even simple maintenance in some cases that may not be getting done. So that operational plan would be developed once we had an idea citywide what the condition of everything currently is. So we can't really develop a strategic. Go ahead, sorry.

00:30:41:24 - 00:31:06:31

Chris:

No, I'm tracking on what you were saying Joe. And, you know, I'm just thinking. So, you know, I think the metro district made the overture to the city to talk about the stormwater. My, my not concern, but my curiosity is okay you're going to, we do an IGA with the city. That's just the metro district. And we already know what our system looks like.

We manage it, we support it, we update it and provide maintenance. I'm more concerned about an overall plan for the whole city which would include all the HOAs, for instance, the HOAS, right. You know, that's an area where for sure that would be the first area that you would want to know, what do they have?

Because I'm not sure who is spending money fixing theirs. But I know we have a budget in our side to fix the metro district and that's why I'm asking for a strategic plan that includes the east side of 25, the west side of 25 which would be the metro district plus all the HOAs over here. Because based on what I heard all the HOAs on the east side are essentially under the developer's purview right now.

So that would mean you know you would actually be able to first come up with a here's the vision for what the city wants to do and then talk to all of us you know the district which we're talking to you the HOAs 24, that's a lot. And then all the ones on the east side.

Joe:

Yeah. So the hose is part of my MS4 permit compliance activities. I'll be reaching out to all 24 HOAs and meeting with them to discuss their stormwater systems and what their responsibilities are. Also as part of our MS4 permit, going to begin inspecting all of the all, not just their ponds, your ponds, everybody's ponds, commercial ponds within the city of Castle Pines. So over 50 pounds a year will get looked at annually.

Those findings, those inspection reports and maintenance needs get drafted into a letter and sent on to the owner of those ponds. And at that point they have to comply with doing the maintenance on it. The east side is a different entity. The HOA will not own any of the stormwater infrastructure. On the east side of I-25 that will be the city of Castle Pines.

Larry:

And real quick I wanted to bring something else up. Historically, all the stormwater facilities that the HOA owns or you own whoever owns it. And Chuck, this kind of comes back to your question as well. The property owners are responsible for the maintenance of that. Our job is to make sure it is being properly maintained and not discharged.

Perfect example, last year we got into one where somebody buried a pipe. We found a totally plugged right down in here in Castle Pines Parkway. However it happened, it showed it on their plans. But somebody completely buried it. It was under four foot of dirt. That happened some point in time in the past. We don't know where or where but they had to come in to get all up and of course all the nice utilities and everything crossing them and dig it and get it reestablished.

But that was all on the property owner because you know we need to make sure that it is being properly maintained and meeting the criteria of the MS4 requirements. But ponds and everything remain, will remain the ownership of those HOAs. That's who always owns that. It's part of their property. Does that help? And I know what you're asking about strategic plan.

We're kind of outlining it. But to get started we kind of need to get some assessments done to determine we know what we need to do. First we need to figure out what's going on. And I don't know that we've been provided any additional information on maintenance or anything like that from anybody. So we're kind of starting at that.

I've worked with HOA #2 on maintenance of their facilities. They needed to do some clean outs and stuff like that. So I have worked with some of the HOAs on that in the past. So it is pretty well known that they're responsible for that stuff. But we've got to get it all under one umbrella. And the problem like we showed is using Castle Pines Parkway and Monarch. Pipes are ours, the channels of yours, the pond yours, the ground yours. Who's responsible for what?

And just the fact is just a little bit of pipes. If something happens coming in then the pipes become, then we have to deal with the pipes and we want to make sure everything is dealt with all the way through consistently. Does that help? Yeah. Okay.

Chris:

Yeah, I'm tracking. It sounds like you're working in the tactics, I'm sorry. I taught strategies and tactics, right? It sounds like you're talking in tactics and you're still working and you should be having a strategy or overall strategic plan. No worries. From the city, from the metro district perspective we're going to share with you whatever you need. So you don't have to worry about that. I'm sure Jim will provide that. From a city budget. You guys said you have a department right now. What's the city budget for this right now?

Larry:

Oh I don't have my budget documents with me. Yeah I'm sorry. Ballpark maybe? Yeah I don't guess, I might have to have them in front of me.

Chris:

You're 100,000s. You're in millions. Where are you guys?

Larry:

I won't answer because I don't have that in front of me. Sorry, I'm very careful about numbers.

Chris:

Go ahead, somebody said something?

Describer:

Larry turns around to speak to Joe off mic, and then continues to speak on mic.

Larry:

What's our current budget? That's what he's saying? Yeah, we don't. Yeah. So no, I don't have that in front of me. I'd have to look it up.

Chris:

Okay, then my last question would be around the fees. So you mentioned that the fees of Castle Rock is about $738.08, for Parker and $715 and I think the gentleman and the lady from Wright Water said they've been doing this a while.

Where are you guys targeting to come in for the overall consolidated fee for all of the city?

Joe:

We won't know until we do a system wide assessment. We can start to get numbers for the east side of 25. That's fairly easy, it's all new. It's all up to current specs. And so we know ballpark maintenance. We can easily develop ballpark maintenance costs for those pipes and ponds.

But we, the west side is a complete unknown. Until we know the condition of some of these pipes are 25 years old or older. And we do an assessment of the stream corridors and how much cut bank erosion is going on. Yeah, until we do a system wide assessment and really look at what and develop an online we really won't know what a citywide fee would look like.

And I'm not even going to speculate on what it would be like.

Chris:

Okay. Well we appreciate you guys coming. So thanks for the presentation. I think those are my questions.

Joe:

Okay, thank you.

Chuck:

David, I have a quick question again.

David:

Go ahead, Chuck.

Chuck:

Jennifer, Joe or Larry to follow up on Chris's last question regarding fees. As a, as a board member and as equally important as a resident of Castle Pines we get feed to death with everything we pay from taxes to water to electricity gas sewer. And so I'm a relatively sensitive about where you and your company may come in. Or where the city may come in as a per home cost for this service. And I also understand there's a tremendous amount of work that has to be done before you can estimate that. And that's appropriate. Would I be right in assuming that as you picked up more property in the way of the east Side and to include it into the west Side that economies of scale will dictate or potentially dictate lower fees?

Joe:

It could, but like I said we won't know until we go through that because economies of scale could help offset some of the costs. But then we may find out there's major capital improvements in pipe replacement that needs to happen on the east side. There's just no, really no way to know. I wish I had a better answer for you but at this point we just don't know.

David:

Chuck, I have a better answer.

Chuck:

Okay, my only question. My last question is when you suspect through your analysis you might have an estimate? David, it's yours.

David:

Well as Chris's. If I'm reading Chris between the lines I'm hearing you loud and clear it would seem more appropriate that the district take over what the city has. Not only because of size but because of quality or condition of assets. It's a no brainer. We have the lion's share, by far of infrastructure. We have an infrastructure in place to manage, maintain and comply as we have since 2008 and before then.

And so we've already done the brain damage at $5 a month. And if your infrastructure is brand new, can't be any more then, and of course we were not consulted as a part of their development plan. So we don't know how many more feet vertically or horizontally we're talking about. But we've got a good track record to know that at $5 per household is an honorable fee and one that we can honor. And have honored and it's doable.

But seriously I'm only making a point, okay. And by the way we've been through an inclusion. Where at least one that was tried. And the same kind of, of due diligence is necessary in this situation. And as Chris and Chuck both pointed out the information.

We're an open book in that regard. The records stand on its own. The merits for the records and the compliance stand on their own. The fact that we're a nonstandard permit is not an argument for becoming an inclusive partner with the city. There's a number of things that we can differ on but what we're going to do is we're going to lay out our plan for the city by virtue of the IGA. And what we're most concerned about is conversations with the mayor.

Have included, is the city's ability. We see the appetite but the city's ability then to take on almost overnight something that is certainly they're not used to. They certainly haven't been doing this kind of volume before. And Joe did you say you now work for the city or you're a new employee as of when? February 7th.

And you're going to head up the stormwater division? Yes. And do you have any employees? Not currently, no. Yeah, say that, I'm sorry. Could you come to the.

Joe:

No, I do not. I will point out currently prior to this I was the stormwater coordinator for El Paso County. Also had a staff of seven for a county.

David:

Yeah, not debating your ability or your credibility. I developed in El Paso County. A whole nother subject for a whole nother point to be made. But I think that the presentation is comprehensive. It's like deja vu when you come across 24 HOAs without knowing it beforehand that they've been in the mix all along. And it reminds me of some easement issues and some of the things that come out of these kinds of mergers and acquisitions, if I may.

And there's going to be more and we look forward to sharing with you all our thoughts. Okay. But I have a, when I built in the city of Castle Pines North I paid a fee. At the time that I permitted to build. And I had, was it Wayne? The stormwater before your time, Larry. And he now works for a home builder.

Maybe that, it's not Meritage but anyway he's Brad Meyering. Brad Meyering. Brad Meyering. Who? Brad. Brad Meiring. That's correct. Super guy, really hard worker. Knows his stormwater right? He was the one that was to have been the recipient. Or the reason for the fee that I paid. And he was the one that as a licensed contractor I had the obligation for compliance.

Most licensed contractors whether it be general or otherwise that engage in that kind of activity have that obligation or bonded license. And educated to do all of that. So the entire concept of having one permit, if I may in my opinion he has only makes sense when it comes to the economies and efficiencies associated with the services and the cost of one of us delivering to our constituents.

Chuck's concern about being feed to death is something that we all run into all the time, right? And so again we've laid that out in our draft of the IGA that will be presenting to you and, and couldn't be more. Impressed by the fact that there's a staff member over there now. And so there's a real prospect for all of that happening. But I'm just. I'm curious how I know how it all happened. But I'm curious.

And maybe we have to wait for the assessment. The curiosity is the condition of the asset or the infrastructure. And while we have engaged third party engineering to solidify our compliance with our nonstandard MS4 permit. And have done so since, turn of the century. Have anybody, has anybody from your organization or the city, Larry been out and surveyed any of the infrastructure yet to see? And or have you guys taken a look at any of the compliance reports to see why.

As you asserted, there hasn't been any update? Because the fact of the matter is in the instructions themselves it says if there isn't any changes there are no updates required. And that's been the condition of the, of the district for a number of years.

Joe:

It does say that but you must maintain an updated storm water infrastructure map showing all outfalls waters of the state, any interconnections to any other entities permitting or not. So while you are correct that if there's no programmatic updates you don't you still have to maintain any updates that happens through the actual physical system.

David:

Yeah, yeah. No, makes good sense. And, I mean we're only going to get better for exercising this process and are perfectly of a mind and heart that it's not going to be futile. Go ahead, Larry.

Larry:

Yeah. And we have, we have been doing since I've been here doing stormwater inspections as far as ponds things like that. Are you in compliance? Do you need to do repairs? A lot of times it's just a matter of cleaning out the greats and stuff like that. But yes we have, we have been working on that consistently since I've been here and as part of what Wright Water was doing with this.

So we sent them the letters and then come back out when they give us, say it's in compliance, come back out and complete the inspections and complete it. So, that process has begun. It has been going, just needs to be expanded. I'm sorry? It needs to be expanded. So, and we have worked with I've worked with HOA #2, Crossing Point.

We got some people down there to help them a number. And like I said a couple of the private communities Jen and I've met out there with them to help them. So there has been the private ones. We didn't do inspections. But we were there to help them. But on other ones they asked us can you take a look at this and tell us what we need to be doing?

David:

Again, I applaud the effort. I know it's not the first time but. For making the effort, regardless of who it has been within the district within the city. But everybody working on the same page towards the same goal is certainly something that we aspire to achieve as well. And the economies and efficiencies as well as the quality of service is our focus at this point.

Larry:

And we agree with that too. That's part of the single source for all that. Please remember we're talking about it but it's also the south side too. Yeah. none of that. That's all coming. That's already coming to us. So it's, as the city continues to grow this area here it's existing. And I use the legacy side of the community. But there is, that's also the other references because everybody understands that. But there is stuff on the South.

David:

So, are you at liberty to say what the preliminary assessment analysis at were before contemplating the district?

Larry:

Say that again?

David:

In speaking with the mayor, she and Michael Penny, the manager shared with Gemini that there had been some assessments.Analyst, analyzing what would it be? It would be assessment analyzed. Analysis. Analysis, thank you.

Joe:

We have nothing in assessment of any of the storm water assets within the city of Castle Pines.

David:

No one has come up with a number to this date?

Joe:

No, there was a proposal.

David:

Regardless of how many heads we were talking about?

Joe:

Correct, there was a proposal several years ago to do a small. A couple of years ago. Wright Water had a proposal in, to do a small scale assessment of a sliver of Castle Pines. That was not done.

David:

And what was that number, you recall?

Joe:

There was no number. This was a proposal to even do the asset assessment.

David:

Oh I see. Never even got off the ground.

Joe:

Never even got off the ground.

David:

I could have sworn they had told this a couple times and, but. No. Okay.

Joe:

Has not been done.

David:

Good enough, good enough. I think, I think Chris, that the. Microphone. I'm sorry I think Chris, that the plan whether it be tactical or strategical or both are going to be a byproduct of the IGA and the draft that we've been working on. And I think that.

With, with everyone's comments council is ready to send that draft to the city. We wanted to vet this evening. And you have done so. Not only your appetite, your willingness and your desire to look into the possibility of managing the stormwater as one entity, one place to go, one place to garner the service. And with a single fee.

That is fair and equitable. I think it was equal, fair and equitable across the entire city. And I think it's a great idea. And unless there's some additional questions Chuck, I didn't want to step on any of your additional questions. I just wanted to take a shot at answering the one. And since it was a bit of sarcasm when I offered to take on what little the city is doing right now seriously. Finish up. Do you have any other questions?

Chuck:

I'm good Mr. President, thank you.

David:

Okay Chris, any other questions?

Chris:

I am fine, thank you very much. Good to go sir.

David::

What do you say?

Denise:

I'm good, thank you.

David:

Are you good? Totally. Okay, staff, Jim, Council anything? Thank you. Larry, Jen and Joe for coming. We really appreciate the presentation and taking the Q&A. We will be in touch with you before you know it. Okay. Okay. Thank you again. You're invited to stay for the rest of the meeting. We wouldn't take it personally if you left.

Joe:

They're going to. But I'm going to, I'm going to hang.

David:

Okay, very good. Thank you, again have a good evening.

Joe:

There are some interesting topics I want to hear. So thank you.

David:

David I'm, I apologize for leaving you out. When I asked for questions. I'm just not used to you being here and being the signature of our compliance report through December 31st of 2021, who you are. I apologize but did you have any questions with or without their attendance here that we should know or hear as a board from you on that presentation or your feelings about what we're working towards at this point?

Operations Manager David Anderson:

No sir. And Craig was in charge of that up to 20, to the end of the year 2021.

David:

I see your name.

David Anderson:

Yeah, we would discuss it but he would.

Describer:

David is speaking off mic and is briefly inaudible.

David Anderson:

Usually how it went.

Ken Smith CPNMD Communications Director:

Mr. President, please turn on your mic.

David:

You didn't need to hear that. Yeah, been there, done that. And did a heck of a job. I mean, as we survey our stormwater infrastructure we have, in the spirit of full disclosure and transparency. As this board is accustomed to doing we have a project that is in the.

In waiting, if you will. There's some remedial work that needs to be addressed in the, outside the community or within the community of Esperanza in between Esperanza and Winter Berry. And while nobody can see it per se it's a surface. But we're aware of it. It's a byproduct of our constant oversight and management and inquiry and testing and compliance. Which is a third party compliance entity that we employ to do that as well.

But that too is going to be part of and is itemized as a part of this draft IGA. So that it doesn't slip through the cracks. If it's not something that we can't accomplish over the next few months. We're going to endeavor to do that. But if not we will have documented it. But is there anything that comes to mind that you would have added or want to make the board aware of before we move on?

David Anderson:

No, the report was pretty accurate on what is out there and what needs to be addressed, yeah.

David:

Okay, very good. All right. Thank you for that. I'm going to go ahead and close, then item number five. And again thank the city for that presentation. And move on to item number six which is a repeat over the course of the last couple months.

This is the status of the eight action items that were made issue in a termination letter issued to the district through legal councils plural. That had some concerns as a backup to their terminating the initial inclusion. I wanted just to give everyone a quick rundown that might be online and here in the auditorium again nine items.

The first item was the City of Brighton water rights lawsuit. I'm going to ask Mr. Seter to just jump in and give us an update on it. If you would.

Legal Counsel Kim Seter, Esq.:

Thank you, Mr. Chairman. We had a settlement conference and the, the lawsuit with Brighton has been resolved. I think we ended up in a very good position. The total cost which is not really a cost to the district is a reduction of $55,000 which is probably less than it would have cost us to go to trial. We will be getting the additional million dollars from Aurora. And we should be closing. The last email that came out today. We were trying to set a closing within the next 30 days.

David:

And again when you talk about a reduction of $55,000 it was monetized during the inclusion between Parker and ourselves to be worth about $12,000,006.00 a bid. If allowed to garner the asset or be awarded the bid was $2 million or excuse me $18,000,250.00. Right. And so as a ploy by the judge who in the 11th and three quarter hours mandated a mediation you and Jim came away reducing the, not to $12,000,006.00 but the $18,000,250.00 by $55,000. And that item is complete, is it not? It's complete. And we're going to close in 30 days.

Kim:

The emails right now are trying to get it within 30 days. But everybody's got to agree. But I think it'll happen within 30 days.

David:

It sounds close enough to me. Thank you for that report. Good job again you guys. We have the negotiating consent decree with the Colorado Department of Public Health.

That decree has been drafted. It only awaits a inclusion date from either Parker or an inclusion partner. That may be better in the future. Separating the joint ownership of 1980s era groundwater with South or Castle Pines Metro and ourselves. Council is also confident of the final resolution shortly but both boards will have to act on them. And I'm going to assert that that would probably take place this next if they have a board meeting before our next meeting. Which they should tightly likely will be taking that up and completing that item as well.

So we're three for three. Item D, renewing the water wheeling agreement with Centennial. Again that agreement was in place. Our update was that we were waiting for an inclusion date from Parker or better. But let me remind you that, that agreement was a change to the agreement that we have in place now. That agreement was one that addressed and or exercised the relationship between Centennial and ourselves in an emergency scenario only.

And while this is the way that Parker could foresee the inclusion with them happening or working. Luckily we have a strong enough relationship with Centennial. We were able to resurrect the agreement that we have currently that was negotiated previous to our. Being on the board. I think it goes through 2052 or 2059. Something like that and it's a heck of a relationship, but.

We're four for four here. Item five Securing Chatfield Reservoir storage fees. We have always taken a position that if these fees were to be doubled where we've argued that they they there's no precedent and there's no.

Agreement out there that would allow a transfer to be refilled. And I won't get into the weeds there but we have the majority of the folks that we had to include in that agreement agree with us. We've asserted with Parker or a better partner that we would cover it. So five is complete item F or item six is the decades old water and wastewater infrastructure easements.

I see Russ is no longer in the audience here. It's one of his favorite talking points. But bottom line is in no way does this process affect CPNMD’s and use or ownership of any of its infrastructure facilities and equipment. Or legal rights and counsel anticipates completing this process in June. This in the process that was being proposed is a blanket reciprocal non inclusive access and maintenance easement and serves as a release of liability. That really was the bottom line and the concern from Parker in the forefront of this matter and so.

We're seven for seven. Item G or item eight is the condition asserted by Parker that we do not have an infrastructure whether it be wells and or water plants that are fully functional. We are within days not weeks of, of again providing evidence that that was never the case. But in a way that will not only shock those that are in the industry but will please those who reside within the city of Castle Pines North.

We are just winding up a multi-million dollar refurbishing and upgrading of the water treatment plant. I'm not going to take all the thunder. I'm going to give Nathan a bit of that as well as the refurbishing and upgrades of all ten, all ten of our water wells which in, across the board is, is five years ahead of schedule.

We are in a position where when the switch moves from Centennial to Castle Pines North Metro District will be able to pump more water from a portion of our wells. But let's just say all the wells beyond what the plant is able to process. And well beyond what the customers are able to use. And we couldn't be more proud. In fact we're looking at it.

Memorializing that transition on April 30th ahead of our May 1st or earlier ahead of our May 1st agreement with Centennial. Albeit Centennial has done an awesome job and still stands behind us. Great partner in that regard and. I'm going to go on as far as talking about some of the casual conversation that the board has had and that staff has had.

That would include opening up the plant and the well sites and other infrastructure as, as the interest grows for public tours beginning, first part of June. And thought was that, possibly the elementary schools were some of the schools would have an interest in looking at that infrastructure and certainly some of the public. But it is a sight to behold.

Couldn't be more proud of it, couldn't be more proud of staff, couldn't be more proud of the stable of contractors that we've worked through the supply chain issues and the current state of affairs in the environment that we have all dealt with over the last couple of years. Last I would just say that I'm not going to address again what we have some have characterized as a money grab. Which is the additional $11,327,780.00 million that Parker was insisting that we have.

They would not include this was in a this was above and beyond the $34,800,000. That was always a part of the inclusion fee. But I will say that to this very moment every aspect of the inclusion agreement we are in a position to not only meet, yet again. But bring to the table a new car as I mentioned or characterized last meeting versus a used car.

We've also completed all the issues that were outlined in the first and only amendment to the agreement that was contemplated and executed four days after the December meeting. I think it was or November, December meeting. So we're in great shape. I think it's time that this board weigh in on inviting immediately, inviting Parker Water and Sanitation District not as a sole participant but as a participant.

Back to the negotiating table if they're still interested in an inclusion relationship with CPNMD. I'll turn it over to my directors for their thoughts. Director Crew, Director Lowen. Chuck, can you hear us? Your mic is turned off.

Chuck:

I can hear you, I concur with your last comment. Director Lewis.

Chris:

I concur. I'm looking at the statuses it looks like we have essentially as of next month, May we have the only one item. That's out looking further, but as of May we should have essentially met all the requirements for the inclusion. And I would definitely say we need to restart conversations or invite Parker to the table once more.

Just to see whether there's an interest to continue the inclusion. As I mentioned before, the Parker is, you know, our number one inclusion partner. But as you mentioned it is not our only inclusion partner. And with all the updates and the upgrades we've done I think we are in a good position to essentially have a lot more substantial discussions and be pretty much a good partner for any other the water district. So yes, let’s invite them back.

David:

Very good, I'll remind everyone that that under the, correct me if I'm wrong Chris, but your assertion that they're number one is also includes just the fact of the matter is that not only did Council Pines North metro district but PWSD spend the last three plus years getting acquainted and I'm not going to suggest that a new partner if there is one in the in the wings. Would take three and a half years to get up to speed.

But again, if I'm hearing you, that's a good reason to put them first. It's a good reason to respond to the position that that they shared publicly was of a concern of theirs. It didn't only include some of their issues or some of our issues but some of their issues as we pointed out. Because we weren't the only ones at the table that were having internal issues.

And we're coming up short with fulfilling the obligation of the inclusion agreement. So, if I'm understanding my colleagues, we will direct an invitation to Parker Water and Sanitation District inside of this week to join us again at the negotiating table within a certain period of time letting us know. In the meantime I will share with you that Jim and I and some of the other board members have engaged in conversation with other districts.

They've been very fruitful. They've been very eye opening. They've been interesting. They've been exciting. The possibilities are it seems like we've taken a position where some of the ones that were talking with want to be like us and and a position where their infrastructure in their financial condition, their board unity, the condition, the health of the district itself is something that they've been pursuing as well.

And won't be specific at this juncture. Before each time we hear back from Parker. But be it known that we've created a lot of attention and there's a lot of people interested in what we've been able to do the short term. I'm going to close with that and I'm going to open up the first public comment period on what we have already covered tonight whether it be the inclusion issue and or the stormwater issue or even the Pledge of Allegiance.

I guess items one through. I'm only kidding about that because you can't take that back. Items one through seven. Is there anyone that wishes to speak? Larry, you want anything? When you left we gave you all kinds of kudos. I got to tell you, you have to know that you're one of our heroes and that's consistent. Jim and I really appreciate the relationship and the friendship we have there.

Anyone online, Mr. Smith? Mr. Smith, our communications director back here. Welcome and thank you for putting this together for us. Did their presentation come across on zoom? the city's presentation? Man. That's slick. Thank you. Yes sir. Thank you very much. That was really good. All right. Hearing nobody I'm going to close then. Item number eight which is the open or open item.

Yeah, eight. And open up the Parks, Trails and Open Space Manager's Report. My colleagues and I have had the opportunity to read Mr. Anderson. He, this time he signed it. And he did the work and is doing a heck of a job. I got to tell you he got so excited. He wanted to be a part of that water plant rehab. And when you all are invited to come up there. And we're talking now weeks not months. But when you see some of the handiwork that he has been championing for the district. You're going to you're, going to be very pleased. And real proud to have him as our parks and open space manager. So I'll open it up to David, if there's anything else you want to report otherwise, go ahead.

David Anderson:

I got nothing to say.

David:

You're the man. You are the man I'm telling you. And it's not because he is without words. He's tired. Yeah, great job and sure appreciate you. Looking forward to working with you. Thank you. How about any questions for David Anderson from Chris or Chuck? Hearing none. How about from Denise? Hearing none. Okay I'm going to close then the parks and open space. Maybe not, let me just check one more time. You are still working with Larry. That's you're still working with Larry on the total contribution on the Castle Pines Parkway. Remedial or from the road work. Is that true David?

David Anderson:

Yes, that is correct.

David:

And he hasn't called in sick or nothing. Or made excuses for not, for not being party to those?

David Anderson:

Larry's a busy man too. So we're getting it figured out.

David:

I really appreciate that. I noticed that in. It could have been the district manager's report that there was a reference. That's where it was, David. There's a, there's a statement in there that says that there cannot be any soil removed in the monarch right of way until which time the utilities have been moved. I wanted to clarify that. Make believe, okay. Work with me here, make believe that we find the where for all to work on that right away along Monarch that has got the alkali contamination.

We've talked about expanding some of the hard surfaces in that area along with the bike trails and other design benefits of the road work going on up there. But in all seriousness if we found the where for all to work in that right of way. And had to remove that first six, eight, 12 inches of soil we could probably get that done without the utilities being moved. We just couldn't cap it with any.

Gray, hardened, cracking material like concrete, right?

Describer:

Larry is speaking off mic and is very quiet.

Larry:

Yeah, something's going to work out when you talk about it. But why would you spend money on that time taken out?

David:

Okay okay. I just want to make sure we were still on the same page.

Larry:

The utilities have created some conflicts up there for us with core. So we're going to, and council authorized, was it last month. Last month we're doing design work all the way down Monarch now all the way to Castle Pines Parkway so that we can determine whether the utilities might need to be relocated so that next year we can do all of the work.

I mean, as much as economically affordable. But we wanted to make sure we understood it all the way through. I think this opened our eyes quite a bit when Core said that they wanted to get those utilities relocated before we did any work. And then the other thing with that is with the current funding going on doctor crowdfunding and all of those things like bike lanes are very, very popular right now.

So we're taking, we're going to take a look. We applied in a regional. We're going to take a look at the subregional as well. And see if there's any opportunities for us to get some money for bike lane construction all the way down Monarch.

David:

You hadn't heard I guess our big news? Pardon? We have, we have a new phase over in Coyote Ridge. This can be our new bike shop. You do? Yeah, yeah.

Larry:

Good. I need a bike shop close. I met the guy that runs around in his truck.

David:

Carol doesn't know it yet but we are. We're going to open up and we're going to. We're going to highlight e-bikes.

Larry:

I wear a bike helmet, so I need. Yeah, but never mind.

David:

Very good. Thank you for that. And that's where that came from. David I just after we talked I found it. And again thank you for that report. Thank you for bringing us up to speed as well Larry, really appreciate that. I'm going to close item nine.

Open it up to, or open up item ten. I threatened Nathan not to take away his thunder. Nathan Travis who is our operations water and wastewater operations manager. He has so much to say but we're on record pace here Nathan so try not to be too long winded. Go ahead my friend.

District Manager Nathan Travis:

Plants good. Yeah. So we are running fast and hard on the plant. We started initial startup stuff today so we're just doing a bunch of checks checking dosing calculations making sure that a lot of the communication stuff is working. It has been exceptionally busy over there. The full blown startup will happen next Monday. We’ll bring water into the plant, begin the process of disinfecting all of the filter beds, clear well backwash tanks and we'll be off and running after that.

So we should have a fully operational plant. Starting on Wednesday would be the first day that we'd actually move distribution water from the treatment plant into the system. And then we'll be monitoring it really closely over the few days following that into the weekend. But everything's, everything's looking good. It's been really cool to see that plant come around. Ton of work that you alluded to in there.

And David's doing an absolutely fantastic job helping us out with some landscaping. Well, not some, quite a bit of landscaping site security increasing pedestrian traffic safety all kinds of stuff. So we're not only looking at the internal workings of the plant but we're spending a lot of effort making sure that it's a community asset outside of the building as well. Are there any other questions? Directors have my report. If there was anything in there that you wanted further clarification on let me know.

David:

Would you expound on the security measures? There was this issue a couple I don't know weekends ago that for anyone that gets automatic emails or alerts out of next door the same band of. Anyway, the same group of people were insisting that we had a terrorist attack. There was something notoriously wrong going on at the, at the water plant because they saw a tanker out front that had radioactivity signs on it. Yeah, we'll get to that point. But anyway. Could you talk about the security and all the things that are coming into play over the course of the next few weeks with the security around the plant please?

Nathan:

Yeah absolutely. So I'm looking at a lot of FEMA guidelines. And really just best practices for water treatment facilities in general. We are fencing off the outside of the facility. So we'll have restricted access to Castle Pines staff and approve contractors only. With that we also recognize that there is a shared trail that the driveway that goes around the back of our water treatment plant is used by a considerable number of residents. That driveway was also installed in conjunction with HOA #2 a number of years ago. With the increased number of residents we've had walking through there. And also the number of contractors we've had going up and down that driveway it also, it really highlighted the number of potential pedestrian vehicle interactions. And so, we're committed to keeping that open. The David's actually already had a new trail installed.

So it'll reroute a little bit to the east side of the water treatment plant. It's a much safer grade. Also compared to the driveway that came around the back there will be a pedestrian crossing right in front of our gate. Our communications director has been pulling together the signage for all of that for all of those different spots for the fencing for the pedestrians for the sidewalk. And then there is a new trail that runs parallel to our driveway all the way up to where it ties in. Up there at Oxford. Building security cameras have all been replaced. We've augmented them quite a bit. We now have a full 360 degree building coverage. We added interior monitoring which is something that wasn't there before. And then we've also upgraded the actual physical security system that's in the building. Changing some monitoring stuff that we're doing with that as well.

And I think that should cover that. The incident that David referred to a number of weeks ago with the terrorist attack. We had a concerned resident call Douglas County PD regarding suspicious looking people outside of the water treatment plant. We were able to pretty quickly confirm that the suspicious looking people were just our contractors. Who have been working nights, weekends, anytime they can get in there.

So Douglas County PD responded, did kind of a cursory sweep of the site just to look around since they got called out. And they found it's about a ten inch long two inch piece of copper piping that had two caps on either end of it. Douglas County PD was concerned that it might be a pipe bomb. So they brought out Bomb Squad. And sent a robot down the driveway to make sure that our electrician's drill bit holder was safe.

So it was just a little piece of copper that he uses to keep drill bits in. He accidentally left it outside on the ground by his truck. So there weren't any issues with that. As far as the radioactive signs signage on the trucks that we've had out there. A number of months ago now we drained our backwash supply tank which is where all of our filth.

When we clean our filters, it gets put into a backwash supply or I'm sorry a backwash reclaim tank and all of that kind of settles out at the bottom. The number one component of that is iron and some other metals that just naturally occur in our well water. The state requires us to do t norm testing which is technologically enhanced radioactive something, something, something. A TENORM basically requires us to look at that sludge for potential of radioactivity we've got in Colorado.

There's a bunch of, you know, naturally occurring radioactive stuff. And so is one of the components that holds that we did all of our norm testing. It's a very long process. It takes several months to get those results back. We came back pretty low in the end. But following all of the required state guidelines, federal guidelines and push push from the EPA down really we contracted all of that out through a company called Rad Pro for removal.

So once we were able to quantify it we do have to take it to a certified disposal site. CDOT requires that all of those tanks be labeled radioactive when they go down the, down the driveway. For context of how hot for lack of a better term that material was rad. Pros was on site with a Geiger counter. And so they'd read the tank, they'd read the sludge as they were pulling it out which is much less sensitive than the testing that the state does.

But the contents of the container read about. Well it wasn't, it was indistinguishable with their equipment from the concrete that was next to the building and the ground on the hill a hundred yards away from there. Really really in terms of its actual ecological impact or its radioactivity, it wasn't much above what we're experiencing just sitting in this room right now.

So it was overall pretty inert stuff. They monitored really carefully but we made sure that it was disposed of properly. And then moving forward with the treatment plant we're going to look at some ways to dispose of that more efficiently to just look at some cost saving mechanisms. I think that was all of it.

David:

You bet. Thank you very much. And not to upstage wastewater work. We'll leave that for next month. Some really exciting things underway in that lane as well. I'm going to close then. Unless my colleagues, Chris, Chuck, Denise, anyone for Nathan? You didn't give us an update on the forest. Sewer aromas.

Nathan:

Yeah, so the forest park outfall and the ozone station is still going really well. We've had consistently low numbers when we take those off gassing readings for several months now. We did make one slight change to the station. I can't remember if I mentioned it last month or not. We were getting ready to do it. Basically the injector that we use to push the ozone into the forest Maine.

We replaced it with a much more simple one that requires a little bit less active maintenance. So we'll still be checking that thing very, very frequently. It's on a rotating contract to be checked weekly. But we just found an injector that has far fewer moving parts in it so we swapped that out just for ease of operation and reliability of operation as well. But it's going well. The thing is plugging right along.

David:

Have we heard from any of the neighbors good bad or otherwise?

Nathan:

No, I haven't heard any complaints for, for a while now. And typically with the change in weather as things get warmer it generates a few more complaints. Not that there's more off gassing during warmer weather. But warmer weather allows that smell to kind of dissipate out of the manholes and into the area faster.

So it's not actually more sewer gas. It just stays in places that it's easier for humans to smell. But even with that we haven't gotten any calls for a while now. I don't remember the last one we got.

David:

Thank you again. We're going to, for that Nathan, a great job. Look forward to our meeting on Wednesday morning. I'm going to close item ten and open up item 11. I see Amanda, you know, we shouldn't probably bore you with this meeting. Up until which time you. I'm good. I mean you upstage all of us with your levity and that smile and the giggles and great financial reporting.

01:31:08:02 - 01:31:38:24

District Finance Director, Amanda Castle:

I thoroughly enjoy listening to everybody and I was kind of geeking out on the city's presentation. So, you know, sitting on council where I live. And listening to that and going through all of those nuances is oddly exciting for me. So I appreciate you.

David:

You are one great gal. Thank you for attending this evening. And you have the floor.

01:31:38:28 - 01:32:08:21

Amanda:

Thank you very much. I appreciate it. So I'm excited. This evening we have for the boards review and approval, financial statements for the first quarter of 2022. It's hard for me to even believe that we're here in this moment. I'm actually celebrating ten years with Pinnacle this week which means ten years with this district. So very exciting to be here and be able to present this.

Even more exciting is the fact that the district has some pretty fantastic things going on from a finance perspective. So we have recognized a large portion of property tax revenues. That's pretty standard when you consider how the flow of funds comes in. We're about 46% collected which is on par with previous years. I would anticipate a pretty large spike in collections in the June, July timeframe as we see those final bits come in relative to the due dates of property taxes. But trending well in line with where I would anticipate we did see a slight decrease in usage and that's kind of relative in the month of March.

So I see a decrease, a decrease over 2021. But historically March in 2021 was pretty high. Having said that, our cumulative total remains much higher than previous years. When we reviewed revenues I would anticipate the revenues come in over budget. Having said that, I always like to wait until the summer months to really analyze that bell curve and see where we're falling to make sure that we're well in line with those but excited to see that usage continue to increase.

Really exciting is that the district has received tap fees for 160 properties in 2022 to date. That was through the recognition in March. I know we've continued to have some pretty large revenues come in relative to that. But that actually results in more than $8 million in revenues and is above the amount that we have budgeted for the entire year.

So that's really great to see. I think that's great in a couple of, for a couple of reasons. First, we're taking down those lots faster than anticipated. But second, that will ideally mean that those lots are completed in a timely manner and the district will start to recognize property tax revenues sooner, which is really great. So really good news to see.

Excited by the progress that we're seeing there. And that really helps to fund a lot of projects. So as you're all very well aware the district is working diligently on a lot of projects relative to wastewater treatment plant and some general maintenance and overhaul across all facets of the district. We have seen some trends over budget. The good thing is that because our revenues are trending so high we've still got an excess of revenues over expenditures and a net fund balance above and beyond where we would project.

So that's really great to see. I would anticipate that we continue to see those revenues trend high. And that while we have some own projects coming on board I've tried to increase those projections for discussion with Jim to an amount that I feel clearly represents the balances that we truly expect to expend during the year. And overall just really excited by where our financials are.

As of Q1 2022. When we look at all of this information I did take some time to analyze the potential payoff of the 2015 COPs Director Lewis, I know you had a request for an analysis there and Director McEntire did a great job putting together a cash flow that we were then able to go through and verify all the final numbers based off of the information provided to our auditors.

That clearly demonstrates that the district has the ability to fund the full payment of the 2015 COPs. I did call those COPs this month and they are set to pay in May unless otherwise determined by the board that we want to rescind that we can we, could do that. It would be my professional opinion that it's in the best interest of the district to go ahead and pay those when we consider the payment of the assets and when that payment will be received.

The good thing is the district has nearly $45 million in cash in COLOTRUST that we can utilize to fund the COPs so we aren't having to wait for those funds to come in for closing and then pay off this piece. We can actually pay off the COPs and then those funds will help to replenish the balance within our COLOTRUST account. So that's also very good to see. It's, it's a pretty direct correlation. While we do have $8.1 million roughly in total.

Asset sales proceeds coming in our total payment on the COPs is just over $18.8 million. But that does include the standard payment that we would make this year which was budgeted for. So we've actually got the $18 million covers that differential that we would be looking at. So that closes any gap that we would have there. And I think that's truly the best use of funds beyond that.

That really helps to save constituents thousands or millions of dollars really in interest. When you consider the early call of the COPs versus the interest we would expect over time there's millions of dollars in savings there that directly passes on to our constituents. And I think that too is a fantastic resolve for the district. So it would be my opinion and, and thought that the district should in fact continue to move forward with the call of that debt.

But like I said if there's any opinion of the board that that should not be done. I'm more than happy to listen to that offer if needed. Finally we are actively working and spending a lot of time working through the 2021 audit. The auditors have been incredible to work with. I've been spending quite a bit of time detailing information for them pulling reports getting everything tied out and tied up for them.

I, I was an auditor for almost ten years before I started working here. And really have a passion for that piece so it's fun to get to dive in and see where things are. And big kudos to district staff for helping as I get things. Nathan's been sending me a couple of things relative to fixed assets. Jim's been doing great and ensuring that I have all of the necessary support that's required.

And really all of the staff when I ask questions has been great at responding and ensuring that we have appropriate information and getting all of that stuff tied out. So I had a follow up meeting with the auditors last week. And would anticipate a draft no later than June. I should actually receive it a little bit earlier but I always like to review it and provide feedback before providing that draft to the board just to ensure that I think it's in the absolute best shape before handing it over.

So we'll get that to the board for review in June and then final approval and distribution to the state by the July deadline. I think that is all I have from a finance standpoint but if there are any questions I would be more than happy to answer them.

Chris:

Hey Amanda that's, that's good, good information on the copy. And I'm definitely excited to see us pay that off. Question on the, the tab fees the 160 properties. Where are those properties located? Do you know?

Amanda:

Yeah Jim I know you had that information that we had that big take down. I know there were some apartments and something else. Yeah. Jim can you read on that?

District Manager Jim Worley:

Yeah. Let me, I got, I'm glad Larry is here. But anyway it's a condo project I have to meet.

I don't remember what a big project, yeah. Townhomes, I'm sorry. Yeah. That's the terminology. And so they've already got 2 or 3 buildings under control. So that's where we got a lion's share of our fees based on the size of the tap that has to go into those buildings. And then that calculates out. So that's where the lion's share is.

We still have some single family homes in Castle Valley that are still we get tap fees every couple of weeks. But the big chunk was that project that helped.

Chris:

Great, again the condos are where?

Jim:

Yeah just south almost directly south of King Soopers Chris.

Chris:

Okay, tracking now. I just want to, I thought that's where it was. But I just wanted to thank you.

Jim:

Exactly, Denise is watching the construction from her house.

Denise:

I walk my dog by there often so yes they're going up. And it's getting crowded.

David:

Amanda. Yes sir. If you talk to Andy before I do tell him I'll call. I will. I'll give him my report tomorrow. Thank you for that reminder. I don't know that we have any other questions. I don't of the financial report. I appreciate the analysis on our debt and your recommendations and insight there. I see my colleagues' heads bobbing in agreement with what I'm saying but I will open it up to them for any remaining comments or questions before I make a motion. Chuck, Chris. Anybody else?

Chuck:

Amanda, thank you very much for what you do. Our accuracy of our financial statements is critical as we report to the community. And you are the big part of that. So much appreciated, thank you.

Amanda:

Thank you director Lowen, I appreciate that a lot.

David:

All right, if there is nothing more. I'm going to provide the motion for approving the financial report. Payables and claims, Amanda. As a segue into also approving.

As needed from the board, the pay off of our COP debt, okay? Is that work for you Council? All right, I'd like to make a motion then to approve the financial report just given to us by way of Amanda Castle with pinnacle. As well as the payables and the claims for payments including checks number 26810-26861 during the period of March 12th through April 8th of this year.

In as much as this motion includes a ratification of funds from the General Fund and Debt Service of $62,926.93 for the same total as well as the Enterprise Funds of $624,388.02 again with the same total and Electronic Payments for all funds of $72,852 even for a total of $760,166.95. That being said, I would also include in the motion that we approve the, approve the district by and through the efforts of our finance Director and Pinnacle to execute the necessary documentation, cut the appropriate checks to once and for all pay off the COP debt that the district carries in full. Do I hear a second?

Denise:

I will second.

David:

Have a motion on the floor not only to pay off the COP debt in full. But also to approve the financial report payables and claims for payment. Is there any further, and I have a second. Is there any further discussion? Hearing none, I'll call for the vote. When called upon please let us know your pleasure.

Board Voting All Speak:

Director Lewis. Your mic is muted, Chris. I'm sorry, aye. Director Lowen. Aye. Director Crew. Aye. Director McEntire’s aye. The item passes unanimously.

David:

Thank you to all and again as Chuck mentioned Amanda, you are the highlight and we appreciate your expertise and the quality of work that you give to us each and every day.

Amanda:

Thank you, I appreciate that a lot. Thank you.

David:

You're welcome, well deserved. I'm going to close item number 11. And open up our legal counsel report. Everyone has gotten a copy, albeit confidential in nature. And in real life if anyone has any comments or questions or concerns please way in. But first Council you have the floor.

Kim:

Nothing to add to the items on the agenda. And as the president just stated you have the report. Nothing to add to that but I will field any questions. And in addition I will get the stormwater IGA over to the city, day after tomorrow. So if anyone has any more comments please try to get them to me tomorrow or to. Yeah, tomorrow. Thank you. Not today.

Chris:

Hey Kim. On the IGA, can I, can you send me the last version of whatever it is that we have drafted please?

Kim:

I will Chris. I'll send it to you first thing in the morning.

David:

I did have just a couple questions. And almost a little bit concerned about the answer that I'm going to get. So, I'm going to ask it in a way that I don't get caught, right. The demand letter that we sent to the developer in Lagae Ranch or Castle Valley.

Do we have an, that has been in full force in effect since April 1st. And have we had any contact since then by that developer or. I guess what I was, was being cautious with is I'm not I'm not 100% certain. I'm just hopeful that the same 160 taps is not the same developer. Good, I get a no. So we've covered that base and that's a good answer. Have we had any communication at staff or council's level with those folks yet?

Kim:

Yes. I received a letter from an attorney claiming that our analysis is wrong. And that the money is not owed. So that that letter says there will be a follow up letter explaining why that's all true. I haven't seen the follow up letter yet. But as soon as I get it. I'll pass it around with the memo explaining my side of it.

David:

Couldn't be in better hands. Thank you for that update. And the only other thing was we haven't heard from the city of Denver lately on our Daniels Park inclusion. It was in their hands or in their court. And I believe they sent it to us. Have we, are we sitting on that?

Kim:

No, we sent that back a long time ago. Boy, feels like nine months, eight months.

David:

On change of the guard or something, Jim?

Jim:

Yeah, you might recall Bob Finch retired. Yeah, but he did tell me right before he retired. It's this isn't the words he used. But in essence it was a dead issue that they probably won't include necessarily. And Kim and I really haven't talked about that in quite a while.

And so I really think it ought to come off the list to be honest with you because I don't think there's really any issue right now with them or any desire on their part to come into the district. So that's a and I don't know the gentleman who replaced Bob. But there's been no other communication on that at all.

David:

You know, and I've had the opportunity to chat it up with Ryan the park ranger over there. And he hasn't mentioned any water issues. And yet the water stops at the bison tank. And so I'm hoping that it's a, it's a win-win for not only the ceremonial site but for them as well. But you don't, you don't think that we ought to before we remove it from the report. Just ask them one more time if they want us to remove it from the report?

01:50:37:14 - 01:51:03:33

Jim:

Nothing wrong with me asking that. I think the answer is still going to be the same. But I think that's absolutely a great idea. One last shot.

David:

Well, and in writing if he could just send. I will. Yeah. You bet. Thank you very much. Director Crew, anything? No. Council? Chris, anything else for council? We got the update on the IGA. Mission accomplished. We have the resolution of the City of Brighton lawsuit against CPNMD and Aurora. Explanation, resolve and. Did. I don't remember and it's probably my.

Tip off.

The term sheet. Did you get the signature that you needed on the term sheet last?

Kim:

Yes, got the signature. And then last.

David:

David signed for me?

David Anderson:

I did get it, didn't I? Oh yeah. Yeah, yeah.

Kim:

And then last Thursday, I think it was Aurora, was the only one that hadn't met yet. So Thursday they met. So it's a done deal. We just need to bring it up for the closing.

David:

Okay, all right. Very good, then we're still eight for eight? So far. All right, very good. And we've got some deliverables yet inside of this week. And we'll get that done, run by you to make sure that it reflects the spirit that came from council from Parker. And the initial termination. And see if we can't get them back to the negotiating table.

Kim:

That would be great.

David:

Yeah, we agree. All right, we're going to close item 12 and open up item 13. District manager's report. We've had your report, Jim I must say. I mean don't take it personally but you know if you could include colored pictures like David and Nathan it go a long ways to keeping one's attention. But you have the floor sir.

Jim:

Thank you Mr. President. I'll let that one go over my head. I appreciate that. I've got first of all if there are any questions on the report that David just criticized not having any photos on? If not I'll move on to that. There's two items. One is on the agenda which is the as you know we've been talking about Coyote Ridge upgrades basically phase one of the upgrades for quite a while.

This is new pickleball courts for some of us that are over 50. We're really excited about that. I think that's our new entertainment. But online with us is Carol Henry. Carol, is one of the principals with Design Concepts. She and President McEntire and I have been working on this for a number of months. We had a bid opening last week, a week before last. I lose track of time, Carol. You can address that. And so I'm going to turn it over to her. She's via zoom and she can tell you the results of that bid opening and her recommendation, so Carol.

Carol Henry, Design Concepts, Colorado Landscape Architecture:

Good evening. The bid was last Thursday the 14th. We had three bidders bid on the project. And the low bid went to landscape and design and their bid was $837,552 as base bid. And that was within a percent and a half of what the estimate was. So we felt really good about that. They went through all of their, their numbers and it looked like a good bit. And there they are ready to get going. So we, we’re happy to see in this bidding climate coming so, so close to what we'd hoped for.

Chris:

So Carol, Chris. So can you walk me through how the bids were conducted? Is this one bidder? Two bidders. How does this work?

Carol:

We invited six bidders, six site contractors. Two of them declined to bid. And the other four came to a pre-bid meeting. And then when bids came in we got bids from three different companies. One was Arrow J. One was GoodLand Construction and the other was ACC. And their bids came in at about $1 million. But there the six that were invited were all good solid site contractors that do the scale of work.

Chris:

Okay, thank you.

David:

Carol, I didn't write down the name, Arrow.

Carol:

Arrow J Landscape and Design.

David:

What did she say?

Denise:

Arrow J, like bow and arrow. Arrow J?

Denise:

Landscape and Design.

David:

Landscape Design, okay. What's, besides action by the board this evening to accept that proposal by Arrow J Landscape and Design. We're all but ready to start. We, we have two items that are working on together. Both the well capping of a, of an abandoned well that was discovered up there in the weeds beyond the skateboard park. But that one seems to be manageable. It's just a matter of capping that according to statute or the division or state whoever the compliant folks are. And then the easement with Excel, Council says that he's got already delivered a form of quick claim and is pursuing a meets and bounds or a survey of some sort as an attachment to that to Excel. Still believing and hoping that we get a quick signature is there.

Is there any more to that that we should know at this point Kim, or I guess where I'm going with that is we're chomping at the bit to get going. And I'm just wondering. If we can't put our heads together and come up with a plan that would allow us to move forward with that little sliver pending. If you're mopping up what I'm spelling, Carol.

Kim:

I'm mopping it up. And I will think about that and get back to you. The quickest resolution of course is you know that hiatus, the issues between us and Excel. And if Excel will just quit claim that to us. It's done. And it's a half a page document. Essentially what it says is we, Excel don't think we own it but if we do it's yours and that's it. So we'll see. My concern is you know that's a very easy thing for anybody to do. But we're dealing with a really big company so somebody's got to take responsibility to sign it.

David:

Do you have the attachment?

Kim:

Not yet, should have it within the next few days.

David:

Okay, so you, we had, we had some folks at one of our meetings over the last week or two offer to help out with that if we needed help. We weren't sure if you had contracted somebody or had somebody to do it as quickly as we wanted to deliver to Excel, so.

Kim:

The guy who identified it is putting it together, so. Super. He should be able to move pretty quickly.

David:

Super, super. Larry, are you familiar with that little easement issue over there? Coyote Ridge part? Okay. It might be that what we want to do is. Maybe just have a discussion with Mr. Penny, and let him know where. Give him a status. I'm thinking Jim, only because they were really the ones that made issue of it, you know? Right, wrong or indifferent it is what it is. And it's a good cleanup item but we might as well give them an idea of where we're at on the project. And we're down to that. If he's, if. That'd be, that'd be good to know. Okay, very good. Carol, was there anything from your perspective that we need other than a motion from this board to award that contract?

02:01:00:07 - 02:01:29:31

Carol:

There was an additional alternate for asphalt the whole top parking lot. And I don't know if the board needed to prove that or not. That was another $32,568. Again don't know if that needed to be approved at this moment in time or if that can come later. But yeah, those are the, you mentioned the two issues that we’re waiting for to get resolved.

David:

And it's not going to change our drainage calculations? It's still being considered as even in its current base course it's being considered as non permeable or yeah, non permeable. So we're having to manage that flow already?

Carol:

Right, the civil engineers calculated it as impermeable so that you wouldn't have to go through this again when you made that change. So we're good either way.

David:

Very good, and there's no issues in marrying that parking area with our phase two parking area for the tennis pavilion when we get rolling there? You're good with that? I mean that cold joint we can marry just fine? Yes. Very good. I'll make the motion to include that asphalt. That was $32,000 you said?

Carol:

Yes $32,568.

David:

$558, okay. $68. $68. When my mic is on I can't hear you. But I can hear you from the other ones. Then I turn it off and they yell at me to turn it on.

Chuck:

And I'll second the motion.

David:

Are we over there from Hawaii? What was that? Look at that tan that he's got going on.

Chuck:

I'm just trying to keep you on, on track.

David:

Yes sir, and I'm rolling. Is there anything else?

Chis:

I do have something. Okay. So Carol I think the other question I had for you was the last time we spoke about the skate ball park. And I've seen three phases and I still haven't seen the phase for when we're going to actually build a skate, skateboard park. Now I'm with everyone in the same position that you know this is good for the community.

And we have, you know, the pickleball courts and tennis courts. I am still looking for information on the skateboard park. It's the, it's the parts of our constituent that seem to not be taken care of which is the younger people, right? I've been living in the community for over 20 years and we vote on rec centers. We vote on everything. We have a younger community that we need to take care of. So I'm looking for information on when we're going to be and where we're going to be building the skate park.

Carol:

And I think we're happy to focus our attention on that now too, to master that location. So, you know, whenever we get to go ahead from the group we can start looking at the best place for that to occur in the, in this park. We were, we honestly been focusing on getting the project bid before costs go up any further. So we now have the time to figure out the correct location with that skate park.

Chris:

Okay, I appreciate that, thank you.

David:

Chris, you may recall that the, when it was our phase three. Now it's been replaced with a new entry feature for security et cetera, to the park. But it was a byproduct of having to accommodate some of the storm drainage that we're generating not only from the pickleball pavilion but also phase two the tennis pavilion.

While we had a choice to relocate that stormwater retention infrastructure we would have and kept the skate park where we had identified. We would, thought would work out well next to or adjacent on the north side of the basketball court. Come to find out there was a stormwater easement that was required by the city when the tennis when the basketball court was built that never got recorded. And so we've utilized that.

Without going through the expense which might take not only lots of dollars but even more time to relocate and enlarge that to accommodate the stormwater as I said from the basketball. Excuse me not just the basketball but the tennis and the pickleball pavilion. So we do need to find a new location. And Carol is on it.

So if you have any thoughts about that, please tell Jim or Carol or myself and will convey what your thoughts were for that location. But we've been able to preserve the east west trail. That was a county project even with the tennis pavilion and the pickleball pavilion Excel being on one side the east west trail being on the other. We have the park in all of its facilities, the two fields and the basketball court.

So tight it's getting tighter, there's no doubt about it. But I think we all echo your thoughts and opinions about wanting to maintain that skate park if and when we can find a place for it. With that, I'm going to go ahead and make a motion to approve the contract between CPNMD and Arrow J Landscape and Design has proposed and has shared with us tonight by Carol Henry, from Design Concepts. Plus the $32,568 for blacktop of the parking lot. Is there a second?

Kim:

Mr. Chairman, that that motion should be to go ahead and issue a notice of apparent lowest responsible bidder. And then a notice to proceed with the work plus the $32,000 ad alternative upon receipt of the contract insurance certificates and bonds.

David:

So there is a notice of bonds by the board? Yes, Mr. President.

Kim:

After, after receipt of the signed contract insurance certificates and bonds.

David:

That's in the draft contract that we gave to them that they used as a bidding document. Yes. Yes. So all of that we just need to ensure is collected and held. Sure, you understand.

Kim:

Prior to approving the contract itself.

David:

Okay, and I'll amend my motion to include, initially obtaining the necessary license bonding and insurance certificates for the low bidder. And upon which time we are in receipt. Their current, and name the district as additional insured to provide a notice for the district. To provide a notice to the low bidder an award to the low bidder as well as a notice to proceed. Preceding the signed contract. Is there a second?

Chuck:

I will second this approved and revised motion, David.

David:

We've got a motion. We've got a second. Is there any further discussion? Hearing none, I'm going to look to council one more time before asking for a vote to make sure he's happy with the motion.

Kim:

Yes, except for, you said preceding the contract but.

David:

Signing of the contract. Yeah. Yeah.

Kim:

That'll do it.

David:

Okay, very good. We have a motion, we have a second. No further discussion on the item. I'll ask for a vote when called upon. Please indicate your desire. Yea or nay for yet another exciting project coming to this community soon.

Board Voting All Speak:

Councilman Lewis. Director Lewis, aye. Councilman Lowen. Yes. Or Councilman, director. What am I talking about? Director Lewis, getting punchy. Director Lewis, aye. Director Lowen. Yes again. Director Crew. Aye. Director McEntire is yea. Item passes unanimously.

David:

Thank you Carol, for that presentation, we appreciated it. Job well done. It is a sight to behold on paper. Looking forward to seeing it come out of the ground sooner than later. Thank you again for joining us tonight. Jim. Thank you. Want to continue?

Jim:

Thank you, Carol. Appreciate it. I have one other item which is not on the agenda. I've had a discussion with the board on this. I've had a discussion with my staff of what I'm getting ready to tell you. I'm at a time in my life that I'm ready for the next chapter. And that next chapter is retirement. So I have been working with the board but closer with President McEntire. And actually last June I sat down with President McEntire.

And that was right after the election, which 96% of this community said this inclusion was the right thing to do with the anticipation that the inclusion would take place by January 3. I told David that day that I am ready to retire. And, but I would see that inclusion through. Well, it's not going through as we all know. And, and I'm ready to retire.

I have a new grandchild, David and I've talked about that a lot. That takes a lot of my time. But effective. At the close of business on June 30th I will be officially retired. I want to, I want to thank the board. You gave me an opportunity almost four years ago of which I haven't had. And that was to work in this business.

On a potential inclusion of the magnitude we worked on. And the first day I met with David, he said, Jim we could, you could work yourself out of a job. I don't know if he was surprised at my answer but my answer was no problem. I said I'm 3 to 5 years away from retiring and it would be something new to work on.

Since then, I don't think anybody that I have asked this question in the last three and a half years. tThat said there has been an inclusion like we have been trying to work on in the state of Colorado, Colorado. And the answer's always been no. So an opportunity to work on that was really intriguing for me and I feel real good about it.

I feel good about my involvement. I'm very appreciative of the board allowing me to be a part of that. The other group that I'm very thankful for is staff. We got two of them sitting behind me right now which has just been huge, huge. And we get along very well. We joke a lot but there's a lot of work that gets done.

The other one is still here. Right now there's only four of us and that's Susan Nagel. Susan's man out answering the phone for a number of years. So to do what we had done. And, and the extra work, significant extra work that we put on staff. No offense to David but pretty much Nathan since we were focused on water and wastewater has been very rewarding.

I'm disappointed that it didn't happen or at least on my watch so to speak but I think it's the right thing for this community with the right partner. And whether that's Parker coming back to the table or another organization I think it's the right thing for this community. So thank you from the bottom of my heart for what you gave me.

I hope I've given a little bit back but I'm ready to go wrestle with my eight month old grandson. I saw him yesterday and it just makes it even more. So again, I'm at the age and the time in my life that I'm ready to hopefully enjoy what I've worked so hard for all my adult life. So that's my announcement. Thank you.

David:

If the inclusion wasn't disappointing enough, you lay that on me right? Welcome to my life. But my, my colleagues and I have shouldered that reality. We envy where you're at and and could not be equally as proud and and convicted as you are of not all not only of, of.

The trail that we have blazed. We've done it lawfully legally, we've done it with accounting. We've done it with every aspect of the business as a whole. And in this business that you compared it to was businesses not like ours. Where we had trails and open space and parks as well.

That's a whole nother layer and a whole nother sermon for a whole nother day, right? That, but it's true. We have done the groundwork for something better. It will be forever and always. Partly your fault. So deal with that and know it comes from the bottom of our heart as well. Thank you Mr. Worley and I'll pass it to my colleagues if they have anything they'd like to share.

Jim:

Thank you, David.

Denise:

I will put a speech together for the next meeting, okay. Thank you, Jim.

Chris:

Well Jim, I'd like to thank you for your service to the community. You know as you know we've all got involved with this. Whatever. Four years ago when we all came on board. And then you came on to help us but know that it's no fault of yours that the inclusion didn't go through. So regardless of what the, where the blame lies it's not with you.

But as part of that process, I'm sure we all appreciate everything you brought to the table. You know service is something that is given by few. So you should be very proud of that. And we wish you the best in your retirement and the best time with your grandchildren and your family and enjoy it and know that we are definitely thinking of you and making sure that you are in our prayers.

Jim:

Thank you, Chris.

Chuck:

Jim I think, you know, how important you have been to this community with everything we've dealt with over the last four and a half five years. It's been a tremendous, tremendously difficult transition. Made it only easier by you. So you'll be missed. I think you need to be careful in wrestling with your new grandchild because it won't be long before you get beat and you may want to come back just to get out of the wrestling ring.

But having retired about a year ago now it's the right decision. When, when we all get that age. And not to say you're older than I am. I’m not. But, yeah maybe. But we need to spend time with our family as well. And so I applaud you for the decision. You'll be missed. And I thank you from the bottom of my heart for our friendship and for your service.

Jim:

Thank you, Chuck. You were my inspiration since you retired last year. I said I want to be like Chuck, so I'm following in your footsteps. Does that mean I go to Hawaii in a couple of months?

Chuck:

You need to turn your microphone on. I can't hear you.

David:

All he did was tell you what he just told me earlier today. Then I was his hero. But you know. So never mind, Chuck. We'll see you when?

Chuck:

I will bring you a Piña colada. Thank you. I just hope it lasts through the air flight that I have to carry it.

David:

Do they make double piña coladas out of two pineapples or just one?

Chuck:

That's between Jim and I.

Jim:

I'll let you know David when he comes back.

David:

I'm getting out of this before it gets bad. Anyone else? All right, hearing no one else. I'm going to.

Nathan:

David, sorry you didn't catch my wave back here, I know. Nathan. Yeah. Sure. Yeah. I just wanted to weigh in. Jim, it has been an absolute pleasure to work with you. We've got two full tours of duty you have saved. Upset David so bad he left. But just as on a professional level and as a friend too. It's been absolutely fantastic. I don't know that I couldn't even count the number of times that I've just walked into your office and interrupted your entire day with my next great adventure at the water treatment plant in the system or just getting caught up in life in general. It has been. It's been an honor and a pleasure. I appreciate it.

Jim:

I've been keeping a tab on every time you've come into my office. We'll have a talk about that. But thank you Nathan. I really appreciate it. And this guy has done a lot for this community. I mean, I'm really excited about the potential tours that we'll have. You know you don't get too excited about turning a water treatment plant but it's pretty cool. It really is when you see all the hard work that's gone in over there. And really this gentleman has led it. Be honest with you and David and I've been trying to keep up with him. But thank you for the kind words, friend. Appreciate it.

Kim:

Mr. Chairman, I had one comment Jim, we have 73 days to wrap all of this up.

Jim:

What are we going to do after next week?

Kim:

I don't know.

Jim:

All right, now we'll get what we can done. Thank you, Kim.

Chuck:

Jim I do have to state Jim, that what makes this retirement easier for me personally and the metro district is the guy behind you. Nathan seems to be a strong, knowledgeable, young man. And I think that the district is fortunate to have him back there as we transition your time. So good luck, David.

Jim:

You mean Nathan? Yeah whichever one.

Nathan:

Yeah, close enough. And yeah I think I'll probably retire July 1st so it's.

Chuck:

No no no no. And it is Nathan not David, thank you. Thanks Chuck.

David:

I don't want to rain on the parade. But there was one item that I wanted to make sure we addressed before we get out of here. And that was the issue that was raised. The, the issue was raised not the issue with the terrorist attack and all of the rhetoric to be kind on next door at the plant but the same.

Disturbing scenario that took place over the misinformation spread by Councilwoman Mulvey, to the residents of this community. As it specifically related to radioactive material being disposed of or discharged from our facility into the environment. This board asked council last time to find.

The source of that information. She was not forthcoming so we asked you two to find that it's my understanding. Correct me if I'm wrong. Either you or Jim or both, that by virtue of a corps request from the Castle Pines connection who also published that false or misinformation. And.

But also from Jim and conversation with the city manager that the false information came directly from Ron Redd and Parker Water & Sanitation. This was a draft letter of determination with. Apparently even before our last meeting. But in any case the information came from the general manager over there, the district manager to Mike Penny. Mike Penny, distributed it to.

Including Deborah Mulvey who chose to then distribute it on Nextdoor. Not the entire letter but rather, lucky us, the one paragraph that specifically created a very libelous scenario when talking about our ability and discharging illegally radioactivity or radioactive material. My question to my colleagues is and I know I have sported a lot of anger, disappointment, criticism, cynicism. Remorse and I could continue from our conversations including.

Comments like should we? Should we censor this person from ever attending another one of our meetings? Or is there a process associated with that type of, of conduct of a public official? It's been, it's been very hard to shoulder that whole issue and the conduct of the people that I think I have fairly named because it's a part of the public record.

I'm not trying to throw anybody any additional curves or under the bus that haven't already been published, publicly named as being culpable in that whole misinformation scheme. So.

Only ask each one of my colleagues if they are happy with finding if that source is enough for now and we turn the page or if you'd like to pursue that issue or any of the other legal issues anymore, Director Lowen?

Chuck:

And David, I couldn't agree more with your comments. However, I also believe that since we are a quasi-public entity in front of the, in front of the ratepayers in Castle Pines for their water. Number one they don't, they don't really. I don't think they really care about our arguments with certain individuals. That's something that we should expect and we should deal with on a different basis than a sensor.

I do agree with you. However, that if the chance returns or the opportunity returns where there's that kind of negativity from any one of those that you mentioned, we should take a broader stance. This this comment you just made. And what I'm talking about is kind of a shot over the bow. It's a warning and we shouldn't have to put up with it.

It's just all bad for a community. It's bad for the district. And it also sheds a very poor light on council members to our, to our city. So I think that enough's been said as far as I'm concerned and we'll watch.

David:

Thank you, Director Lowen. Director Lewis, anything?

Chris:

I think enough has been said, I'm good. Thanks.

David:

Thank you, Director Lewis. Director Crew?

Denise:

I hadn't had time to think about a response to this question. Because I didn't know it was going to come up. But I wholeheartedly agree that steps need to be taken and or shots fired. As Chuck said, you didn't deserve that. We didn't deserve that. Regardless of how it all came about. I don't know how to mitigate that for sure. But I'm certainly willing to figure out how and put our best effort behind it for sure.

David:

Very good, I agree with you, Director Crew and Director Lowen and Director Lewis. I think enough's been said Council, you can remove that action item from your list and focus on the 73 days that we have to abuse Jim. And let's just see what kind of juice we can squeeze from him. And before he banned us all. But I'm glad that's behind us. And I'm glad we're able to turn the page at this juncture. And I'm and I think that I know that my colleagues and I are sincere about turning the page.

With that, I am going to look for a motion to adjourn. If or no, I'm going to open it up for a second public comment period. We don't have anyone online Mr. Smith, none? And we don't have anybody that has signed up to speak. So I'm going to close that second public comment period and look for a motion to adjourn.

Denise:

I will make a motion to adjourn.

Chris:

I’ll second it.

David:

Have a motion and a second to adjourn.

Board Voting All Speak:

All those in favor in unison say aye. Aye. Aye. Aye. Hearing none opposed, meeting adjourned.

David:

Thank you everybody. Thank you everybody for coming.

Chris:

Thank you very much.

Describer:

On screen.

A closing slide featuring the full "CASTLE PINES NORTH METRO DISTRICT" logo centered on a solid white background.

The elements on the screen read as follows: