December 13, 2021 Video Board Meeting
Transcript
Describer:
AGENDA
Board of Directors Meeting
Monday December 13 2021 at 6:00 p.m.
7404 Yorkshire Drive Castle Pines CO 80108
1. Welcome. Call meeting to order. Pledge of Allegiance.
2. Roll call. Determination of quorum. Disclosure of potential conflicts.
3. Consider approving December 13 2021 board meeting agenda.
4. Consider approving November 15 2021 board meeting minutes.
5. Opening public comment period (three-minute maximum per person).
6. Inclusion update from Ron Redd General Manager Parker Water & Sanitation District.
7. Open Space Manager’s report.
The Castle Pines North Metro District provides clean safe reliable on-demand drinking water wastewater stormwater
Parks Trails and Open Space services to the people of Castle Pines west of I-25.
Board meetings are available for viewing via live video stream and video recording at cpnmd.org.
8. Finance Director’s report.
A. Consider approving financial report payables and claims for payment
including check numbers 26514 - 26575 (November 5 2021 through
December 1 2021).
9. Legal Counsel’s report.
10. District Manager’s report.
11. Directors’ matters.
A. Status of working draft resolution on CPNMD’s proposed terms and
conditions for dissolving CPNMD into the City of Castle Pines.
12. Closing public comment period (three-minute maximum per person).
13. Adjourn.
Describer:
The video starts on graphic with a white background and forest green letters which says “Castle Pines North Metro District Board Meeting December 13 2021.” The meeting opens on a shot of all board members present.
Board President David McEntire:
Good evening everyone in attendance this evening. Those that are joining us online. Welcome to the December 13th 2021 board meeting of Castle Pines North Metro District. Without further ado I'd like to call the meeting to order and ask that everyone join us in saying the Pledge of Allegiance.
Describer:
The board members and the audience rise from their seats and recite the Pledge of Allegiance as the camera pans from left to right from the board to management staff to the audience and back to the board. 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:
I am going to conduct a roll call to determine a quorum upon hearing your name if you will. Share with us whether or not you're here or not. But more importantly disclose any potential conflicts before we get rolling. Director Lewis.
Board Member Director Chris Lewis:
Here. No conflicts.
Board Member Director Chuck Lowen:
Director Lowen. Present. No conflicts.
Board Member Director Denise Crew:
Director Denise Crew. Present. No conflicts.
Board Member Director Robert Merritt:
Director Merritt. Present. No conflicts.
David:
Director McEntire is here. No conflicts. Items number four and five are the consideration of approving the November 15th 2021 board meeting minutes. As well as item three the approving of the December 13th 2021 board meeting agenda all of which have been in the hands of my colleagues and I for some days now. I think we have fully vetted them and are in form to be considered final. That being said, look for motion to approve.
Chris:
I make a motion to approve the agenda for December 13th 2021 and minutes from November 15th 2021.
David:
Is there a second? I'll second. Have a motion and a second to approve the minutes of November 15th. And the agenda for this evening December 13th 2021. Any further conversation the board? Staff council? Hearing none. Please share with the audience your pleasure. When called upon.
Board Voting All Speak:
Director Denise Crew.
Aye. Robert Merritt. Aye. Robert or Chris Lewis. Aye. And director Lowen. Aye. Director McEntire is also in favor items 1, 2, 3, 4 and are approved unanimously as we move into item number five.
David:
Those that have an agenda we'll note those that don't let me share with you that this is our open public comment period. There's a three minute maximum. We have a sign in sheet that has a number of folks here. We've got two of them that look like they're going to I wish to speak. Would you please join us first in welcoming Susan Johnson? Susan.
Describer:
David whispers: “Goes first. There you go” off mic to Robert.
Describer:
The camera pans to the right and zooms in on the podium. Susan Johnson, Castle Pines Resident is speaking. After each public attendee gets to the podium the camera zooms in on them. When they are finished talking they go back to their seats and the camera will zoom out momentarily to watch the next person walk up to the podium.
Susan Johnson Castle Pines Resident:
Good evening. Directors. Thank you for opening the for up to me. I just wanted to talk to you briefly to tell you number one thank you for all your leadership throughout these last three years and everything you've done for this water district. This future merger that we're looking at doing has been incredible.
And all your hard work to put that together has been greatly appreciated by me. I do know that there's been some discussion about possibly the water district here merging with the city. And I just wanted to ask you to consider in this possible merger making sure that all the assets for this district go focused for our roads. The roads on this side of the highway this part of Castle Pines are really needing some funding.
And so any of that money, any of that funding that we may have left over from the metro district, merged on to the city if, if there was a way to do that whether it's a resolution whether it's in your negotiations with the city but the citizens on this side of the highway contributed to this money. And I want to make sure that it goes for our use and not for any other project. So that's just an ask. So if you would consider that I'd appreciate it. We will. Okay. Is there any questions for me or am I excused? Since I don't talk up here very often? Good job. Okay.
David:
Thank you. Susan. We also have a neighbor here. Marv. Marv Tibbits. Welcome.
Describer:
Marv Tibbits, a Castle Pines resident attendee, speaks on a zoom call screen. Rises and comes to the podium facing the board to the right of audience seating and to the left side of the board near staff seating which is adjacent 90 degrees to the board and to the audience.
Marv Tibbits Castle Pines Resident:
Good evening. No. Okay. That's better. Good evening. I also would like to thank you for your hard work in the last three and a half years getting us to where we are today. And I hope we can get over the hurdles that I heard on Thursday night at the Parker Water District meeting. As far as I'm concerned, as I stated Thursday night sooner is better.
And I don't mean that with malice. It just would make everything much more coherent and everybody working off the same page. I'll save any other comments I have for the final public comment but thank you very much.
David:
Thank you. Marv. No one else has signed up to speak so I'm going to go ahead and, and thanking both Susan and Marv begin for your comments. Very much appreciated. And I know that your sentiments are sincerely embraced by this board and myself. Thank you. I'm going to open up or I'm going to close item five.
And with us tonight is the general manager Ron Redd and CFO Steve Hellman from Parker Water and Sanitation District as mentioned by Marv. They had a meeting this last Thursday where we had some additional business relating to the inclusion that took place. Ron has come over graciously accepted the invitation to come over not just this month but every month here and after. Until which time he gets this thing taking care of all of us together. And we sure appreciate both Steve and Ron taking their time tonight. Ron, you have the floor. Go ahead sir.
Ron Redd District Manager for Parker Water and Sanitation:
Thank you. Thank you Mr. President. And board members appreciate the offer to come over here. And, and like David had mentioned, we plan to just keep this going. And until we get this conclusion done. What I was going to offer tonight is an update on our board action on Thursday night. And just open it up for any questions. I can go into any detail that you want me to but I think it's, it needs the message needs to be clear and I appreciate the opportunity. So staff recommended and the board agreed that we defer this inclusion until several items get taken care of.
And we listed those items out in our board meeting. And I think anyone in the room heard from our board of directors that they want this to happen. They've given me the authority to move forward and do whatever is necessary and and working in conjunction with Jim and and your team to to make this inclusion happen including up to helping in operations.
Even so we stand by you, our neighbor. We're here to help. We, what I've been telling folks at our staff, is we want this to happen. We just need more time. And that and all the issues that I outlined to our board I think happen. But they could not happen. And I just wasn't quite comfortable with the risk that I put on the customers on that side of I-25.
And so we're here to make this come to, to come together. There's nothing that we can't overcome. And we'll just be working with your team to make sure that happens so I can go into any detail you want but I just wanted to assure you our board of directors sees this as a good thing for both our community and your community and I I talked with our head of customer service and we've already developed a really great relationship working with your customers through our field services team. So I just, it's the right thing to do. We look forward to getting this done. So any questions of me or Steve? If you have. If you asked me money on questions I'm probably making it up. So we'll, we'll have him come up and deal with that.
David:
You know if I could just jump in and, and add a little bit of color to maybe two of the items that were discussed on Thursday and and. It would just I think help maybe those that are zooming in online and those in the audience to understand some of the things that have occurred albeit we've been working at this some three and a half years. And I say we there's, there's no one that hasn't been working on it. And yet we, we are within 30 days of a legal filing.
What's being deferred is a legal filing where when the court approves this filing the service area of this district falls into the service area of Parker Water and Sanitation District. Anyone that is rehearsed. The inclusion agreement knows that there's hundreds of things in there that has to be done. And and and if, if I were to add up these five probably 1 or 2 were on that list.
Couple others have happened since then and all the rest of them have either been completed or we have no problems with their completion before the end of this year. That's, that's how close that we are. But it's also how this has evolved as an example that night was the first that I learned of, of some groundwater water rights issues.
And this was a situation that no one knew of with Castle Pines Village and the water rights that we share on Plum Creek until which time we, we're looking for the legal. Wasn't a meets and bounds. It was a water agreement that would have to be attached to some documentation necessary for transfer. Best we know never existed and, and we still can't find it.
Now it might be something that we have to create but we didn't know it until we exhausted all of the channels necessary to to find this document and it just didn't exist in the same vein we had issues with easements unbeknownst to this board unbeknownst to to staff who's been here longer than us.
We have infrastructure in various parts of the city that when preparing a meets and bounds and or a consolidation of easements necessary to convey these easements so that anyone that's operating the water district has to go in there and make the necessary repairs or upgrades or what have you does not compiled the liability and and the risk associated with doing it if it's not on your property.
Well we found a myriad of those situations where we're having to connect the dots. Hundreds of these situations where we're having to connect the dots pull them all together and make sure there's continuity atop of every one of the distribution lines whether they be supply or return. And it's just taking a little bit more time as Ron pointed out.
It's more a time issue. Frustrating that these things weren't done when gosh when they were installed it reminded me of a situation that happened to me personally with a, with a water line across my lot unbeknownst to me. And, and come to find out that. I don't know it was done in, in a long long long time ago.
Never an easement. Never. Not one. And, and a whole nother sermon for a whole nother day. But I just wanted to add a little bit of color to a couple of those things so that people really understood how cautious and professional everyone is being in this as we, we all stated in that meeting last Thursday we just want to do it one time and we want to do it right.
And, and that's what this is all about. And that's why we're proposing an amendment to keep the momentum that we have keep the, the spirit alive and well because it is and and move forward on these things just as quickly as we can again Ron. Thanks for not only coming and Steve but offering to share an update with us is so important that folks hear from the team on a monthly basis here in after until we're able to put it to rest. Thank you again. Thank you. Anyone else?
Robert:
Yes. I just quickly I'm sure we're going to get to this question. I'm sure you've already had this question a thousand times but if things go as you fully anticipate what's the duration that we can look forward to?
Ron:
You know actually I, I haven't been asked that. And so I will. Yeah I've been out of town so I, so here's all these issues that we've identified. Have an end date on them. It's, it's effort to get there. The easements of course you know it's working with landowners. And so these things could take a while. But they all they all have an end date. That's easy. And I, I feel like we're six eight nine months out I, I'm guessing but that's what I'd say.
There are some, some of them they're a little tougher. It's more of a third party issue. And you know I don't think it could get resolved or couldn't. The key though what I've told my board is these issues like the, the lawsuit with Brighton that we may not have resolved but we'll have a better sense of the risk.
And so six months eight months from now we can assess that risk and make a decision based on that. I think, or it might be resolved in the next two weeks. So I, you know, again these they're big issues. I think they get done. My fear was if they don't get done I put my customers in an awkward position. So I think they happened just a little more time. So definitely within this year.
Robert:
Sure. With the collaboration that we've had before it’s going to be another problem. Thank you so much for being here. You bet.
David:
She does that sometimes. Oh Okay. I thought you were going to ask a question. Yeah. She's still at work on the other job. Thank you Ron. Thank you. Thank you Steve, do you want to add anything? No. Okay. Thank you. And you guys, Merry Christmas. All right, Merry Christmas. Thank you.
All right. We'll close item six and jump into the open space report. Everyone has had an opportunity to look at some of Craig's handiwork. Could not be more excited for this year to end with all the improvements Craig that you have been successful in completing this year and both off the honeydew list and the wish list. Job well done sir. You have the floor.
Craig Miller Supervisor Parks Trails and Open Space CPNMD:
Thank you. As you noted you've all had a chance to look at my report. Does anybody have any questions on any of those items?
Chris:
Craig it seems like every. Take your mask off. I've been told to take my mask off. It seems like every month I need to give you guys kudos because you are working on my walking path and I do walk in that. And I was there on Sunday morning bright and early and I walked over the bridge. And the bridge looks great. So good job on that bridge. It looks outstanding. You guys definitely did some good work on that because it was deteriorating to the point where I think people can trip on it. So these are the type of infrastructures that definitely benefit, benefits the community and shows you know the commitment that the team has.
Craig:
So thank you for what you, your guys are doing. Thank you very much for the compliment. As noted in my report our contractor literally had to take the old bridge apart and install the new one from underneath. Standing in waders in that little stream that the bridge goes over and crouched over. I was out there watching him and he was literally almost bent over.
Double it was a very awkward position but I can't say enough about my contractor and what they did on that. In addition I just received an email about 15 minutes before this meeting started from a resident who originally had noted that that bridge needed repair. And I told him it was on our project schedule. And he sent me an email just this evening thanking me for the, the extraordinary work and, and how nice it all looks including the top rail across. I think that our contract did an exemplary job and it exceeded my expectations in terms of completion.
Chuck:
Craig I noticed that in the very near future the Castle Pines Parkway that is currently under construction for new asphalt is real close to getting open and that's going to be exciting. It's already looking great. And I know the community is going to be thrilled to get those lanes open both ways. I've noticed obviously that everybody else has to that there's quite a bit of landscape damage on either side of the road and in the median strip where plants have died or been damaged.
Do we, I don't know the city's contract with their contractor on refurbishing the landscaping. Do we have some obligation in that mode to repair or replace or upgrade any of that landscaping along Castle Pines Parkway? From.
Craig:
Yes I know because I know that my first item there I gave you the, the approximate costs involved. We have talked to the contractor and they do have a contingency budget for repair. And it should cover their portion of it as noted in, in my report. The, they're probably responsible for about only 70% of the plant material there because we'd lost anywhere between 20 or 30% of the plant material prior to going to road construction.
So it's not fair to actually hold their feet to the fire on that. We have the budget to take up that 20 to 30% gap. And we feel that it's fair to build a contractor for 70% of the repair work. That's more than here. So far as the irrigation is concerned as soon as the road is completed David Anderson our parks foreman and our contractor is going to be beginning irrigation repair as weather permits so that we're up and running in come springtime.
He's already placed some pipe underneath the road through Sleeving to repair some of that that was damaged. But we anticipate starting as soon as springtime comes and we can do an inventory and figure out what plant material survived and what didn't. We can then go ahead and come up with a more accurate assessment in that price than what I gave you in the tonight's report, which is a worst case scenario.
And again the contractor is, has agreed to compensate and pay for their portion of it. They're going to be putting some money into an escrow with the city to cover the damages that they're responsible for and then we'll pick up the rest. So we do have plans in place and our contractor is ready to hit the ground running come spring and get all that landscaping repaired and replaced.
Chuck:
That's, that’s great information. Thanks, I appreciate that. Thank you.
David:
And Craig just to clarify that 30% was the same 30% that we talked about prior to the road construction taking place. But knowing it was going to take place we deferred that a lot of those trees that died in that, that frost and some of the bushes and things of that nature. So just for everyone's recollection that's where that responsibility came from was our deferral.
Craig:
Absolutely. We, we decided not to do any plant material replacement from road salt damage and or winter damage. That had occurred on a median islands and just in anticipation of the road construction. So we had a pretty good sense of, of where we were at. Like I say it was somewhere in the neighborhood of 20 to 30% plant material loss over last winter. And so erring on the side of the contractor, we feel it's fair to say 70% would be a responsibility 30% would be ours.
David:
Please coordinate closely with Mr. Worley on, on establishing either that offset to the existing escrow account that we have or an additional escrow account before that work starts Okay? Absolutely. Very good. Thank you. Craig. Anybody else? Yeah. Oh go ahead. Denise.
Denise:
Craig I'm looking at the soccer fields and Coyote Ridge Park and I see that maybe they'll be playable by June. But yeah if I'm not mistaken soccer starts quite a bit earlier and that is absolutely correct. How do we work around that? Will they be closed and not usable playable? Are other parks going to compensate a little bit?
Craig:
Well we, we do have Daniel's Gate Park which is the soccer fields there. They're, they're heavily programed as well but they're in good shape and also Retreat Park.
Those escaped damage. But unfortunately for the events that I noted that caused the initial damage and then all the additional activity that's occurred since grass went dormant and we've been dry as could be we have lost a good majority of that turf in through there. Now if I don't know you guys weren't on the board at the time but you may recall I believe it was back in 2014 or 2015.
We lost a tremendous amount of turf on our open spaces on North and South sides of Castle Pines Parkway East side of Monarch Boulevard. We had a contractor come in that blew out some soil and mulch and seed and we were able to get those areas to reestablish heavy irrigation within about 4 to 6 weeks. So I'm in contact with that contractor again and will be utilizing them to do the same work there at Coyote Ridge Park as soon as we practically can weather permitting.
I mean the way the weather's been going right now we could very well be able to start that work in March if we don't have any snow on the ground. But I'm anticipating we should get some winter moisture but short of that as soon as we can possibly throw that motion seed down we will in anticipation of hoping to get those fields up sooner than June.
But worst case scenario they're probably not going to be playable until June. And I've already talked to our customer service reps. That will be scheduling the teams normally and having them advise them that we're going to have some field shortages come spring. That's going to be unavoidable. We can't have those fields played on without them being back to the turf.
Denise:
Thank you. You're welcome.
David:
Thanks Craig. Going to close item seven the open space manager's report. Merry Christmas and I'm going to open up item eight. Item eight is our financial report. Amanda is absent this evening. Excused, absent I might add. However you all have had the report know that it is a highly condensed report as it typically is this time a year.
And while we don't have to consider any budget variances or amendments the memo dated 12/8 I'm prepared to take any questions should there be any otherwise it is a simple update of our revenue accounting that sits at 99.83% collected. And some of the other projects that we're currently working on with deadlines forthcoming and so with that if there are any questions of my colleagues or staff or counsel I'm prepared to answer them. Otherwise I'm going to pursue a motion to consider this report as well as the payables and claims.
Hearing no questions I'd like to make a motion to approve the financial report dated 12/8/2021. And the payables and claims for payment including tax number 26514-26575 dating November 5 2021 through December 1 of 2021. Specifically, the General Fund and Debt Services approved $25,187.63 ratifying and additional $59,138.73 to make and meet our obligations totaling $84,326.36 from the Enterprise Fund.
Again, those are the funds, specifically relating to the water and wastewater services. Approve $1,486,219.89 ratifying an additional $20 or $243,909.34, for a total this month of $1,730,129.23. Most of those payments are, are, you'll know, in subsequent schedules are the improvements along Castle Pines Parkway. Where we've moved the water line from the right of way to beneath the road. As well as some of the water treatment plant periodic maintenance and upgrades.
Lastly would be the electronic payments to ratify $77,753.21 for the same total. Totaling all $1,892,208.80. Is there a second? I second it. I have a motion on the floor and a second to approve the directors, financial director's report and the payables and claims, any conversation?
No further comments. Questions concerns. Call your name. Indicate your preference. To approve or not.
Board Voting All Speak:
Director Denise Crew. Approved. Director Robert Merritt. Approved. Director Chris Lewis. Approved. Director Chuck Lowen. Approved. Director McEntire is approved. Motion carries unanimously. Thank you very much. Closing item eight.
David:
Moving to item nine. Legal counsel report Council you have the floor.
Legal Counsel Kim Seter Esq.:
Thank you Mr. Chairman. You have my status report. Sorry that came out this afternoon but things are moving so quickly that it needed to wait. A couple of things I wanted to refer your attention to. On the second to the last page I'm proud to announce that the Castle Pines North Foundation has been dissolved and the money is in the district's account and that is finally done.
The last item on the report is a report on the Brighton lawsuit. With regard to our acceptance of Aurora's bid we have scheduled a preliminary injunction hearing for January 12th. That hearing is simply a way for Brighton to try to stop the Aurora closing from taking place. Win or lose that does not end the litigation. So at that point the court will either say yes I'm going to stop the closing or I'm not going to stop the closing.
But either way it's a preliminary hearing and then we'll move on to the final hearing once that one is done. If Brighton persists then we'll start filing motions to try to cut the action short so that we don't have to go through an entire you know trial process that could take a year. I think the odds are pretty good that we can get that done. Moving back to the first page at the bottom of the.
Chris:
Can I ask a question? Yes. So when would be after the preliminary hearing on the 12th when would be the next hearing you know?
Kim:
No. At that point the court will enter an order concerning the preliminary injunction one of the elements of a preliminary injunction is that the moving party which would be Brighton has to have a probability of success on the merits. What I'm hoping is that we get a court order saying there's no probability of success on the merits. Again that doesn't end the case but it sends a signal that you shouldn't continue with this because you're probably going to lose. Either way it's in Brighton's hands to continue it or not. After that preliminary injunction hearing there will be a hearing scheduled by the court that will set out the case schedule for completing it.
And that hearing kind of depends on the court's calendar. The court's moved very quickly for us so far. So hopefully within a week or two we would have that hearing. And then we'll have deadlines and dates.
Chris:
Thank you.
Denise:
Question. Yes. So if I understand that correctly at, at the time of the preliminary hearing based on what the court says it's possible that Brighton Water could drop everything? Yes. Okay.
Kim:
Yeah. So you know that one finding that the court has to make which is either they do or do not have a probability of success on the merits.
Right. If they do then the court can stop any kind of closing until the merits are determined. If they don't then the case then Brighton can continue or they can stop there knowing that the court has already said yeah it didn't look too good for you. Okay. Thanks.
Robert:
Just a comment. The Brighton residents are well aware that our fiduciary responsibility is to our constituents and residents and that they're going up against big headwaters trying to make this and maybe possibly wasting money.
Kim:
Yeah. I don't know what they know. You know and whether the city has reported much on this my guess is probably not.
Robert:
Okay. I just want to make note of that. That you know they might be for not spending the money. Thank you.
Kim:
It's also important I think for me to note for the people that are watching this that this isn't about whether or not this district gets paid for the water rights.
00;35;14;12 - 00;35;45;12
It's about when and how much. So Aurora had a higher bid than Brighton. When you add it all up. So we're really talking about approximately $850,000 that you are trying to maintain for the citizens of Castle Pines North. Even if we lose it's just the loss of that $850 you're still going to get the water rights paid for.
So more important is the timing because it affects the Parker water deal. Thank you. So going back to the first page at the very bottom of the first page I had been tasked with starting to prepare a resolution about merging with the city. I went ahead and started that but then realized I think we need to get a grip on the process.
So I have included the process in this memo to you and then we'll await your further instructions on whether we, we do a resolution or start negotiating an intergovernmental agreement that's required in order to complete this process anyway and you can give me that instruction tonight. Or we can wait till January when you've had a chance to, to really digest this.
And then finally I have drafted a First Amendment to the inclusion agreement with Parker Water and Sanitation District in order to memorialize what happened at their meeting and where we are heading. That First amendment is in your packet. There are about three words I need to change in there but they are not substantive. They won't make substantive changes.
Essentially what the First Amendment does is extend that date upon which the court filing will take place that will put the two district's boundaries within Parker Water and San. And I would request that you entertain a motion to approve the First Amendment. And Parker Waters' attorney has already approved it. So they're ready to sign as soon as we approve and sign.
David:
Anyone have a motion for council?
Chris:
I make a motion to approve the First Amendment to the inclusion agreement dated. I don't see the date. Hearing that's my motion to approve the First Amendment here as good. Second?
Robert:
I'll second that motion.
David:
Have a first and a second to approve the amendment. Prepared by council to extend the closing on the Parker Water Castle Pines North Metro district inclusion. Any further discussion on the board or from the board? Staff? Council? Hearing none. When called upon your pleasure is required here.
Board Voting All Speak:
Director Lowen. Approved. Director Lewis. Approved. Director Merritt. Approved. And Director Crew. Approved. Director McEntire is approved as well. Motion carries unanimously.
David:
We're going to close with that. Legal counsel’s report item number nine and jump into the district manager's report. Jim before you get started I don't know if that was just in my or it wasn't in my packet.
But I didn't. I didn't get a hard copy of Carol Henry’s update on Coyote Ridge. And, and while we in the last five days haven't made any progress on the, on the satellite imaging and, and Cherry Creek and comments from the city in that regard. That memo went out to everybody but, but I think it missed the package. So if there's something that you want to update us with on the Coyote master plan please go ahead.
District Manager Jim Worley:
I really don't have anything to add to it. They're still moving forward on it. Part of the process is through the city. We have to have that all approved. And then there's some stuff related to the, to the power over in that area.
So there's some items that it's still and I apologize I should have said that for you. And I got an email Friday afternoon and so I’ll forward that to tomorrow. But it's just basically still moving along. Still have third parties as you heard Ron talk about that a few minutes ago. So third parties still have to do some work on. But we're still moving forward.
So I'll forward that to you. My apologies to you. You want me to continue? Sure. I I never heard of direct this or what, what was that word? Tryst. Tryst. That's a brand new one. Yeah. I want to see that in the minutes to that. That was a good one. Good. You just made that up didn't you? It's very good.
I just want to point out a couple of things. Number one on my report you see that the emergency response plan which was second part of a two part process. We started with the risk and resiliency assessment which was done by June 30th. I believe that was the day. And then we have actually until the end of this month to file the, the emergency response plan.
That's that's all done. So all forward that to you I guarantee It’ll put you to sleep. So if you're having trouble sleeping I'll be happy to send that and put you to sleep. But all I have to do and actually I tried to do this Friday is I have to go online and just let the EPA know we got it. We don't have to send them a copy or any of that.
And certainly if anybody reaches out and said well let me see it we've got it. So I just wanted you to know that process is, is completed. And outside of my, my lack of I.T. Experience last Friday. I will get it submitted before the 31st well before that. So that's a nice project to get done. So I want to thank Kennedy Jenks, our district engineer, who did a heck of a job on this.
And it was an interesting process. But now we've got it done. So we've met that requirement related to the EPA. The other is a Forest Park odor issue. We still have that issue periodically. The new equipment that's coming in that's being paid for by the contractor still hasn't gotten there yet. So we don't have that done. So what that requires is basically the contractor has to keep an eye on the generator and make sure that keeps pushing ozone into that.
Every once in a while we get a call. Somebody said I smelled it today. And so we'll send Scott is a gentleman who goes out there and he goes out there and make sure it's all working. So I'll let you know when we get that all done. But it's working fine except when the generator goes out. So we need to make sure that gets fixed with the new equipment that's coming in.
Denise? Does he go out regularly? Yeah. Or just as needed. Both. He goes out on a regular basis. I don't know if it's, it's not every day. I think it's at least every week. But I'll reach out and find out on that. But we, sometimes we'll get a call.
Denise:
Right. Just would be nice to not have a call for. Oh I'd love to have. Obviously.
Jim:
And especially Nathan has had a lot of good communication with, with the people down there.
And while it's an irritant they’re understanding exactly what's going on. And so any call we get says oh I detected it again. And so we'll reach out there and take care of that. So I'll let you know once we get all the equipment here. Yeah it's frustrating. The supply chain is just absolutely terrible. But it's still moving forward. Okay.
Great. Thank you. You bet. And one other comment and is back to these gentlemen that were here a few minutes ago. Parker Water and Sanitation District is a very good organization. Ron Redd and Steve the board they're a great group to work with. And, and while someone may say oh this isn't happening. No it's going to happen.
We just need to do it right. It's definitely going to happen. But we work with a good group over there and they have been helping us quite a bit physically with some warm bodies over here as Ron mentioned a little while ago. So great organization to work with. And once this gets settled I think this community will be happy with everything that you have done directed us to do and so good group to work.
I just want to make those comments about that. That's okay. That's all I have. Thank you.
David:
Would they pay to make those?
Jim:
A meal I get I get dinner at McDonald's. You know they're pretty cheap over there. I'm in, I'm in. Okay. Good. We can share a hamburger over there.
David:
Jim when you bring up Forest Park it, it reminds me of the. I believe the outstanding fiscal issue related to the pump station in Castle Pines Valley. This is the infrastructure that has been on our agenda on council's agenda for years now that the developers asked for approval on and, and to which time they have corrected and or built the thing correctly we were not going to approve it.
We have subsequently made a demand getting closer getting closer. We've made that financial demand that the cost associated. And that's really the issue I want to bring up is how costly these things are when they're not working correctly and or when staff is trying to monitor it and Band-Aid it and things of that nature.
But they permeate from a variety of places within our system not just at Forest Park and, but where are we at with regard to that lift station? And it's for completion. It's approved completion. And the payable it, very sizable payable. Has that been received?
Jim:
No, we have not gotten that check. What we're talking about here is the Lagae lift station over the new area.
You might recall I’m not going to go through all of this. But the bottom line was engineering was incorrect on the developer side who really built this forest. Which I think is I can't remember the name of a district down there but North Pines Vista. So while we went through a discussion on whose fault it was it was no doubt in our mind that it was that it was there.
There was an engineer who messed up. Prior to us realizing that that happened. And that was quite a while ago. Nathan particularly had to go almost babysit that lift station because he was not acting right couldn't figure out what was going on. So we got that solved related to the engineering part. And so there were new pumps ordered.
There was a whole bunch of changes being done over there. We had the bypass. Bypass in essence you take that a manhole above stream bypass the lift station and dump it down into a manhole and lower stream. So we had to do that to replace the pumps and do all that work. And so that's the money that Dave is talking about.
It's a little over $100,000 which is totally up to their responsibility because we have not accepted the lift station. There were some other issues related to some upgrades and stuff at the lift station which were actually completed last week. Those costs will be sent directly to North Pines Vista; they'll pay them on their own. I instructed Nathan that if any invoice comes to us on that work that was done last week.
I'm going to make sure that North Pines gets that. So I've sent them this little over $100,000 worth of work that was done last spring. I think it was April I think was the time frame on it. So I'm going to bird dog that money to make sure we get that in. Once the improvements are done which in essence is a punch list once they're done.
And Kim could correct me on this. That's really when the clock starts for one year if I'm not mistaken a one year time frame that has to work right. And then at the end of that one year time frame that things are fine then we accept it for our ownership and maintenance. But that has not happened and we won't do it until it's all done including payment of the money that I just sent them an invoice on. You bet. Thank you.
Chuck:
Jim real quickly going back to your comments about the attributes of working with Parker Water and San. Did I understand you to say we have or we will have staff on site here from Parker to assist our guys, you what am I to understand?
Jim:
We have had an employee by the name of Wayne Smith who has been working with us. Gosh I want to say two years roughly two years. When Marty left. You might remember Marty. He was here when I first came here. He moved to South Carolina. And so at that time we were kind of just starting this study that we've been doing.
And so I had the ability to do one of two things. Either hire an employee and say I don't know how long you're going to have the job because you could work yourself out of a job or reach out to Parker and say can you lend us an operator? Because we had three individuals and we need three individuals to have a rotation of the 24 hour because we're on call 24/7.
And so instead of having two people alternate every other week they were able to give us the gentleman by the name of Wayne Smith who has been working with us for quite a while. We ended up getting another person from Ramey Environmental you might recall. Ramey Environmental. We had to have a class A certification for the ORC which is a stupid way they do this.
It's the operator of responsible charge. Tell me how that comes off your tongue. Nice and smooth. But anyway beginning in this past year or this year we had to have an A operator certification A operator to be the ORC. We didn't have that in-house so we reached out to Ramey Environmental. They say we'll be happy to be your ORC.
And so they worked with us a while there was another body. So that was three warm bodies. Nathan Wayne and at one point a guy named William and then another gentleman. So we had that every third week covered so that we didn't work out people into the ground. What we've also had for probably the last year and a half maybe close to two years.
Personnel from Parker have come over every day. And, and if they have rereads to do they read our meters for us they’ll install meters. So they do a lot of the work that Nathan and Marty and, and those gentlemen used to do. So they've been working with us for a while. You've seen trucks around here with Parker Parker trucks.
What Ron has committed to is two things. One the Ramey Environmental. We had originally talked to them basically thought this thing we thought this thing be done by January 3rd. So I basically committed and they committed back to me in this year. So I got an email from them about a week and a half ago says thanks. We're, we're heading down the road.
Will be done December 31st. It caught me off guard a little bit but I said oh that's kind of what we talked about. So in a conversation two conversations that I've had with Ron one the other night at their meeting. Ron says oh I said to him I said Ron I want you guys to be our ORC.
You're going to own this facility. You're going to run it at some point. I had asked that months ago and they weren't comfortable with it at that time. Ron has said to me and I think to David too you were standing there. I think when he said that he says yes we will be your ORC. So that's a requirement very important requirement.
But we're also going to work with you and in essence do a lot of work in the field. That will be done. As a matter of fact in our call we have a Monday call every Monday and discuss that I'm going to be meeting with James Rose. James is the guy that is in charge of all the collection distribution plants and all of that implies related to Parker. Good man.
And so I'll be meeting with him probably this week and we'll define what we really need and how we need it basically. And so they'll come up with a cost in that which we will and should pay for. You have in your budget you might recall a PILT Payment in Lieu of Taxes which had this thing been filed January 3 like we wanted it to be done then that's what we would be paying to Parker.
Is, is payment in lieu of taxes because they don't have a mill levy set for collection in 2022. So some of that money will be used for that type of service. So there will probably be more Parker warm bodies over here starting soon actually. So they'll become our ORC. They will be working with us even closer on all the operations stuff outside and in, in the plant. And everything else is going on. So it's, it’s going to be an even closer working relationship and has been the last two years. Hopefully that addresses in Kim.
Kim:
Yeah I just wanted to add during the status meeting that Jim and I were in this morning with the people from Parker we exchanged draft operations agreements. And their attorney is pulling together an agreement whereby they would essentially take over the operations here for a payment as a contractor.
And you know become more and more familiar with the system become more and more involved to ease the transition later in the year.
Chuck:
Thank you Jim. Thanks Kim.
David:
And Chuck that also includes in office transition as well. Accounts receivable and payable. We have some staff that is going to begin the first part of the year working both sides and so it's going to be an interesting yet exciting period of time that we transcend into full inclusion.
As you heard in the months to come but one note no more staff than what we would have otherwise staffed ourself. We've just come to a mutual agreement that it be an opportunity to maximize the economies and efficiencies by sharing staff. While we haven't started the smart meters yet because of supply chain issues there's just an insundry of things that are taking place in that regard.
And so couldn't be better or more welcome news.
Jim:
Just to expand on that if I could Chuck right before you ask your question. Those of you who remember Dawn Herzbruner has been doing our utility billing for us almost the whole time I've been here. She has been an employee of Community Resource Services. When Jana left I reached out to CRS.
Dawn’s worked great. Today Dawn started to work for Parker Water and Sanitation District. They had an opportunity of which she applied for. So she has left CRS. She is an employee today with Parker but she will be the person that's going to be over here working with us to make sure that our utility billing continues to go out as smooth as it has. So that's, that's what David was referring to specifically in-house as far as our utility billing is concerned.
Chuck:
Well that's, that's great. I guess under the circumstances it gives me some comfort to know that Parker is here with boots on the ground. And I, and I appreciate that effort. Thank you.
David:
Jim. Anything further?
Jim:
No sir. All right. Thank you. Oh yeah. There is one thing around my house we say Merry Christmas. So Merry Christmas to all of you and hope you have an enjoyable holiday with your family and hopefully we get a little snow around here too. So thank you. Appreciate it.
David:
And to you. Close item ten, open up directors matters.
And in fact according to the agenda and council's previous report item A was the working draft resolution of the district proposing terms and conditions to delivered to the city. That is on the same deferral as the Parker inclusion. And so unless there is another item for their directors to discuss this evening I don't show anything and I don't have anything. Director Crew anything? Lowen?
Chuck:
No sir.
00;57;51;00 - 00;58;11;16
Robert:
Was there any damage done with the accident out here this afternoon that we have to look into? As I saw, the police were involved. The car was up on the, the side. I don't know if anyone seen it but it blocked traffic around the 4 o’clock hour and.
Jim:
I've been slaving away in my office all day so I haven't. I haven’t seen it so.
Robert:
I just want to make everyone aware.
Jim:
The only thing I did see is there. There was a, a friendly sheriff's department out here in our parking lot with his lights flashing giving someone a citation. So. But I don't know.
Robert:
Okay. Yeah. There was an accident. I don't know if the curb was damaged but we might send someone out tomorrow to assess that like we did with.
Jim:
In this new construction area along here? That’s where it was?
Robert:
Yeah, just Yorkshire. Okay. Of about 200 yards on the left hand side there was a car up on the lawn. Oh wow. And the sheriff was there and traffic was backed up 4 o’clock. So if we can maybe send someone out I'll see if there's any damage. Like remember when they took down the post out here. I want to follow that up. So thank you. Oh that’s kind of absurd.
David:
I'm gonna close Item 11. There are nothing else. There is nothing else. Open up the final public comment period. Marv you took a chit in the event that you wanted to part before you parted. Leave some words. Come on up.
Describer:
Marv Tibbits, a Castle Pines resident attendee, comes up to the podium. The camera slowly zooms out and pans to the right to show the podium in frame. The camera then zooms in on the public speaker. After he speaks he goes back to his seat the camera pans to the left to show the board members in frame.
.
Marv:
Thank you. I guess the first question I would have is when will the citizens be notified that the inclusion does not happen on the 3rd of January? Because 99.9% of the people here think it's still happening. So I think it's important that you get out ahead of it and alert people as to what's going on. Tomorrow. Great. Count on it.
Great. As you know I live in Forest Park and some days it smells like a third world country. And I've lived here since 2003 and most of the time it's been happening. The first time we reported it they said I was the vent coming out of the bathroom at the golf course. Not so they put some kind of filter on that.
That didn't do it. I mean it's just it should have been going on way too long way too long. As a matter of fact I'm surprised. Surprised that houses have sold because of it. If, if I were looking for a new house, and I drove down the street and smelled. Well I, I moved here from Wisconsin and the unofficial state logo was come smell our dairy air.
So that's pretty much what it smells like. And I grew up on a farm. I know what it smells like but that's a good one right? Yeah. So I just implore you to do everything you can do to get it fixed. I noticed in front of the entry to Castle Point there are a lot of paint lines like somebody is going to be doing some digging and after the explosion further up Forest Park Drive I guess it was last week. I just want to make sure that somebody’s doing it right.
Jim:
Thank you Marv. Appreciate that. Let me let me give you a couple of things. Number one. You've been there a while. You smelled it a while. Yep. It wasn't until this board came on and actually they hired me to come in that direction was given to staff to get it fixed. I don't know why. I just know it was a long time and it didn't.
And so that's where this ozone process has come up. And while it's taken longer than we want it to actually get set we think we're on the right path. And so apologies for the years passed but this board said let's get it fixed. Don't just brush it off. So hopefully we'll get that done. And we can have that taken care of.
I hope so. You bet. Let me just tell you what. We did have last week. Those you might remember your smelling gas. I guess it was late morning. You remember when that was? Late morning. And what it was is down Forest Park. We had a contractor there who was doing work on a manhole. A manhole that needed to be rehabbed.
And what you do obviously is you call for locates whenever you're doing roadwork in the right-of-way. And so when I first heard that there was an odor going on it was people from King Soopers were calling but it was down in Forest Park where it was happening. So I actually hopped in a truck with Larry Nimmo Public Works for the city and he and I went down there.
What happened was when locates were called out. Excel or whoever does the locates for Excel says no big deal. It's not on the left side of the road. Everything we have is on the right side of the road. The left side of the road is where that big. And it was, it was a rather large gas pipeline was hit because when I went down there there was no less than ten vehicles from Excel there.
And the fire department and all of that applied. The bottom line was it was not located correctly. So the contractor just dug thinking everything was fine and boom they hit that line. But it was taken care of pretty quick which is good. But that's what, that's what happened last week on there. Yeah. It was, it was strange. And for those of you who lived down there and others that smell it they go, don't strike a match anywhere nearby. But that's what the issue was last week.
Marv:
Wasn't there also one on Lagae the same day?
Jim:
I'm not aware of that one. It wouldn't have been anything that we did in the Lagae area. So yeah I'm not familiar. So they were busy is what you're saying. Excel was busy that day?
Marv:
Yeah I, I read online that there was. Got you. One on Lagae which is probably why King Soopers people at King Soopers. Could be. Could smell it. My wife volunteers at the library. She could smell it? And that day the library was closed because of it so.
Jim:
You bet. So. The other one I'm not familiar with but this one contractor did everything they're supposed to do. It just wasn't located. Right. So.
Marv:
Well we just need it fixed. Absolutely. It's you know it's, it's well past its expiration date. Thank you.
Jim:
Thank you.
David:
Marv. Thanks. Merry Christmas. Merry Christmas to everyone. Thank you. Hearing no one else. Anyone? No hands, no mumbling. I'm going to close the second public period comment period. Item 12. And open up item 13. Directors?
Chris:
I make a motion to adjourn. I'll second. Third it.
David:
We've got a, a first a second and a third. Which is majority. Motion carries unanimously. Thank you. And good night. Merry Christmas.
Chris:
Merry Christmas to all.