March 21, 2022 Video Board Meeting

Transcript

AGENDA
Board of Directors Meeting
Monday, March 21, 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 March 21, 2022 board meeting agenda.

IV. Consider approving regular monthly board meeting minutes of February 28, 2022.

V. Consider approving special board meeting minutes of March 8, 2022.

VI. Douglas County Commissioners and Special Projects Manager, Dan Avery.
A. Douglas County's planning, commitments, and allocations regarding its $68.2 million share of funding from the American Rescue Plan Act of 2021 (ARPA).
What is the process Douglas County commissioners are using to allocate the $68.2 million in American Rescue Plan Act of 2021 (ARPA) funds it receives from the federal government for water projects in Douglas County?
What ARPA-funding representations or commitments has Douglas County or its leaders made directly, indirectly, or tangentially related to CPNMD's water and wastewater utilities?

VII. Status of eight action items re: Inclusion of CPNMD's water and wastewater with PWSD.
A. Negotiating consent decree with the Colorado Department of Public Health & Environment.
B. City of Brighton's water rights lawsuit.
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.

VIII. Due-diligence discussions with other (non-PWSD) water providers regarding CPNMD's water and wastewater utility Inclusion.

IX. First public comment period limited to Roman Numerals VI and VII above (three-minute maximum per person).

X. Open Space Manager's report.
A. Extending a fond farewell to our own Craig Miller, who is retiring, and warmly welcoming David Anderson to his new role as CPNMD's parks, trails, and open space manager.
B. Fire mitigation planning/coordinating.

XI. Distribution & Collections Systems Foreman's report.
A. Odor resolution in Forest Park & Castle Point neighborhoods.

XII. Finance Director's report.
A. Public Hearing on Amendment to 2022 Budget.
B. Consideration of 2022 Budget Amendment.
C. Consider approving financial report, payables, and claims for payment, including Check Nos. 26745–26809 (February 19, 2022 – March 11, 2022)

General Fund & Debt Service Approve $47,426.38 Ratify $23,110.49 Totals $70,536.87
Enterprise Funds Approve $298,850.56 Ratify $1,115,586.09 Totals $1,414,436.65
Electronic Payments (all funds) Approve $0.00 Ratify $128,999.54 Totals $128,999.54
Total Expenditures Approve $0.00 Ratify $0.00 Totals $1,613,973.06

XIII. Legal Counsel's report.
A. May 3, 2022, Mail-Ballot Election.
Directors David McEntire & Robert Merritt are not seeking re-election.
Jason Blanckaert, David Scott Brennan, and Tera Radloff are the three candidates competing for two open seats on the CPNMD board of directors.
B. Source of letter from PWSD's legal counsel, Jeff Parker, to CPNMD's legal counsel, Kim Seter, on February 10, 2022, that was materially altered after transmittal.

XIV. District Manager's report.
A. Coyote Ridge Park visuals, scope, cost, and buildout timelines for Phases 1, 2 & 3.
B. CPNMD's Notice of Damages Claims re: Monarch Blvd rights-of-way and City's utility relocation.

XV. Directors' matters.
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. Monday Mornings with McEntire & Worley: Differentiating Inclusion Facts from Inclusion Fiction.

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

XVII. Adjourn.

Describer: The video starts on graphic with a white background and forest green letters which says “Castle Pines North Metro District Board Meeting March 21, 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 everyone. That's in attendance this evening. Good evening. To those online. Grateful for your participation. Without further ado we'll get started by asking everyone to join us in the pledge of Allegiance, if you would.

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:

Thank you. And again welcome to the board of directors meeting of the Castle Pines North Metro District Monday March 21st. It is go time. I'm going to conduct a roll call when doing so and called upon if you will affirm your presence. If we hear nothing we'll assume you're not here. And please disclose any potential conflicts.

Board Member Director Robert Merritt:

Director Merritt. Present. No conflicts.

Board Member Director Denise Crew:

Director Crew. Present. No conflicts.

David:

Director Lowen. He’s not zoomed in yet. We'll accept his absence. Or him as a late participant. He’s out of the country. He did say he was going to try to call in but for now.

Board Member Director Chris Lewis:

Director Lewis. Present. No conflicts.

David:

Director McEntire is here. No conflicts. We have a quorum. Item number four on our agenda for everybody that is following along is our consideration of, and approval of the regular meeting minutes of February 28th and to the pleasure of the board if you would like to in that same motion consider approving a special board meeting minutes of March 8th. Is there a motion?

Chris:

I make a motion to approve the meeting minutes from February 28th and the minutes from the special board meeting on March 8th.

David:

Correct. Is there a second?

Robert:

I'll second that motion.

David:

We have a motion and a second to approve the board meeting from last month on the 28th as well as the special board meeting conducted on March 8th.

Board Voting All Speak:

All those in favor when called upon signify your approval or disapproval. Director Crew. Approved. Director Merritt. Approved. Director Lewis. Approved. Director McEntire is approved. Item passes unanimously.

David:

This evening we have the pleasure of. At least. Oh, there she is signing in. We have one Commissioner it looks like at least and.

Chris:

I think we got to approve the agenda to 300.

David:

Oh I’m, why didn't you catch it in the beginning?

Describer:

Chris is talking off mic and he is briefly inaudible.

David:

I'm out of sequence. Thank you.

Chris:

Do you want me to…

Describer:

Chris is talking off mic and the last part of his sentence is briefly inaudible.

David:

We need to regress. My bad, we need to approve item number three.

I got ahead of myself. Got a little anxious here. Item three which is the March 21st agenda for this evening. If I could get a motion to approve the agenda for tonight.

Chris:

I make a motion to approve the agenda for March 21st 2022.

Robert:

I'll second it.

David:

Have a motion on the floor to approve the agenda tonight. I have a second.

Board Voting All Speak:

All those in favor signify by saying aye. Aye. Aye. Aye. Any opposed? Hearing? None motion passes.

David:

Again, I apologize for getting ahead of myself there. Would have given Commissioner Thomas time to sign in and sit down but she's here now. Item six on our agenda is I'm aware Douglas County Commissioner and Dan Avery agreed to come over. And give us an update on some of the things that they're working on. More specifically the American Rescue Plan Act and associated conversation. I don't have a preference who, who wants to come forward first but then come to the podium, introduce yourself and welcome, sir.

Describer:

Dan is at the podium. When he is done, he will sit down.

Douglas County Commissioner and Special Projects Manager, Dan Avery:

Thank you. I appreciate the opportunity to speak to you. I have a brief presentation to give you regarding the American Rescue Plan Act. I apologize that I didn't have an electronic copy available. The American Rescue Plan Act was passed in March of 2021. And Douglas County received its first 50% share of that funding in May of last year.

We're set to receive the other 50% in May of this year. The interim rule on how the county can spend those funds was issued in May of this past year. And the final rule was not issued until February. It just last, last month. So we didn't have final guidance from Treasury on how the funds could be spent until, until last year.

And excuse me, last month. We have until December of 2024 to fully, to obligate the funds and to the end of 2026 to fully spend the funding. Douglas County government will receive $68.2 million once we receive the second half of the share come May. Other jurisdictions in Douglas County that have received ARPA allocations include the town of Castle Rock $5.7 million and Town of Parker $4.4 City of Lone Tree $3.2 and Castle Pines $2.7.

Describer:

When he says $5.7, $4.4, $3.2, $2.7 he means in millions.

The Town of Larkspur is set to receive $50,000.50, $53,000. Most of those entities will, will or have already used their funding for revenue loss replacement. Douglas County has, is in the position that we are not needing to replace lost revenue as a result of the pandemic. So we're looking forward to making forward looking investments. To date, starting back in the second quarter of last year we started an internal needs assessment process.

We started working with stakeholder groups and task forces that were originally formed during the pandemic to help inform possible expenditure of this fund. This included the Douglas County Mental Health Initiative, the Housing Partnership, the Human Needs Task Force, the Pastor Roundtable, the Community of care service providers, the Homeless Initiative and developmental, developmentally disabled service providers as well.

When I came into this position starting in the second quarter of last year we began a process of considering proposals from a variety of entities. And as we moved into the fourth quarter of last year we began soliciting water and wastewater project proposals. We also held a live town hall at that time. And began developing funding principles for how we intended to spend the funds. And identification of priority investment areas.

We also approved are only two expenditures to date, those being about $140,000 for a broadband initiative and about $140,000 in operational support for the Rocky Mountain Crisis Partners. Which is the operator of the 988 suicide prevention hotline in Colorado starting this year. Once we were in receipt of the final rule and had the opportunity to review the infrastructure bill and had a better understanding of how the state of Colorado intended to spend some of its ARPA funding.

We began a process of due diligence on some of the water and wastewater projects project proposals that we had received. This included an in-depth review of the RWR proposal work sessions regarding other water supply projects. Including the Platte Valley Water Partnership and a series of work sessions with entities proposing wastewater service on the highway 85 corridor.

Douglas County identified a set of funding principles primarily oriented around a desire that this funding be used for legacy investments. Investments that would have long lasting impact and were forward looking. We wanted these investments to be integrated with the county's board priorities and to avoid duplication with other funding sources which is, which is why it was important to determine how the state intended to use a lot of their funding.

Out of this process we identified 4 to 5 primary priority investment areas. These, these included mental health investments, water and wastewater investments potential for broadband investments, community and economic recovery. Which I can go into in more detail. And also funding for public health investments as we look to form our public health department.

The remainder of these slides give an overview of how the funds can be used in the area of public health of responding to the public health emergency. There's a long list of, of potential investments the, the primary one for Douglas County being a desire to invest in our behavioral health care system. Potential uses in the area of economic recovery could include funding for job training to unemployed workers, aid to small businesses. And Treasury goes into great detail on what constitutes a small business.

That being one that employs less than 500 people. And is not dominant in its industry. And the potential for additional funding to nonprofit entities. And aid to impacted industries that suffered as a result of the pandemic and closures related there too. Community oriented uses can include assistance to households. It can include rent payments, cash transfers, mortgage payments, projects that, and a variety of social service projects. Projects that address homelessness affordable housing educational impacts and a variety of others.

In the area of infrastructure investments. I provided a bit more detail here. I thought that might be an area that you'd like more information on. Water infrastructure is certainly an eligible expense. Stormwater management expenses are eligible. Wastewater and broadband. And the red text here is a change from the final rule that was just published last month.

Previously broadband investments could be made in areas that had speeds, current speeds of less than 25MB per second. Now the funds can be used in any area that has speeds that are lower than 100MB per second. And I don't know what services you get here in Castle Pines. I know down in Castle Rock my services is right around that number.

So we have an opportunity to potentially spend the broadband funds in large portions of the county so that, that's an area that we are exploring in greater depth. In the area of drinking water. You can see on this next page. Ihe funds can be spent on any of the potential expenditure areas that are allowed under the EPA's Drinking Water State Revolving Fund.

And that list is provided there. It can include facilities for drinking water, transmission, distribution and the like and interconnections between different providers. On the clean water side construction of wastewater treatment is the primary component there. But there are a variety of other potential expenditures as well. And finally with the issuance of the, of the final rule last month. A variety of additional eligible projects were identified including culvert repair and other stormwater activities. And some clarifications regarding the kinds of investments that could be made in drinking water.

Service. And then this next sheet that identifies other expenditure categories. These are things, these are potential ARPA expenditures that are allowed under the regulation. But are not necessarily prioritized under, under our spending plan. They include premium pay for certain eligible local government workers. The potential for replacing lost revenue, the potential for rehiring staff.

We didn't have a need to cut staff. There is an allowance to hire back up above pre-pandemic levels and that may be a provision that Douglas County uses to begin the initial staff up for our health department. And then a handful of other expenditures. We cannot use the funds for pension contributions, debt service reserves, court settlements, tax cuts and other financing activities.

And then this last page gives some examples of areas where we can make capital investments. Just for your reference. So that's a very high level overview on how the funds can be used. I know I went through that pretty quickly. Are there specific questions you have of me?

Denise:

I have a couple if you don't mind. Sure. When you talk about the funds that you received and the subsidies Castle Rock, Parker, Lone Tree has, have they received their funds already or half of them or is it just in Douglas County?

Dan:

In each of those cases those jurisdictions would have received half of their share so far. My understanding is, particularly for the city of Lone Tree, for example. With the closure of Park Meadows Mall they had significant revenue loss. And the bulk of their funding, federal funding will go towards replacement of revenue loss.

Denise:

And their funding is in addition to the $68 million or that’s part of it? That's correct. In addition? Yes. Okay, and then if you don't mind me asking how do you come to find out about funds like this? How is the communication from go, from the federal government down to the county?

Dan:

It's been a lengthy process at times. I mentioned the development of the, there was an interim rule describing how we could spend the funding. Initially that interim rule was about 300 pages of text. And the final rule now is, is approaching 500 pages of text. So the Treasury created a series of webinars and outreach to local governments on, on how they could spend the funds. Douglas County in turn held a town hall where we solicited feedback from the community.

We've had a series of outreach initiatives with those stakeholder groups that I mentioned because we knew that those stakeholder groups had potential interest in some of the areas that, that we could expand the funds into. And then in the area of water and wastewater we put out a call to water and wastewater districts for potential projects.

Denise:

Were we notified of that, was the Metro Districts?

Dan:

You certainly should have been. I don't have those records with me.

Denise:

That’s okay, I’m just asking. I don’t.

Dan:

If, if you were not there is still an opportunity to provide a project proposal. Okay. We have not moved forward with decision making around investments in, in water and wastewater projects on an individual basis to date.

Denise:

Okay, not that I read absolutely everything but I didn't hear anything about this up until recently. So it's good to know a little more of the background and how it started and where it's coming from and appreciate it.

Dan:

Yeah, the staff that would have distributed that, that call for projects is not with me today. I apologize. So I can certainly do more research if you like.

Denise:

It's fine. I was just asking, thank you.

David:

And again, thanks for coming over. A couple questions, maybe you can help me problem solve. You may or may not. Well you are aware that this district and the Parker Water and Sanitation District over the course of the last three years I've been involved in what we call inclusion. Right. And while the CARES money two years ago was a similar situation this board asked or asked the consultant it surrounded itself with to pursue the available funds that were coming from the CARES money.

Our finance director participated in that mainly. And help query the opportunities and the processes by which we then pursued and were in receipt of CARE money. This time around, we asked by specifically and, and publicly asked Parker as our, the lead in our inclusion recipient at the end game. If there were any of these funds that were that came available because we were made aware of, of a significant ask along with Castle Rock and Sterling Ranch and, and while Parker didn't have a stake in the game unless they were going to include with us the infrastructure project there on, on highway 85 significant.

And it seemed like a natural for some of these funds. But we were never given any indication whatsoever as a, as an answer to that question that we had any type of business as a district stewarding water, wastewater, parks, trails, open space and stormwater that there was any opportunity for us in that, in that lame.

That's frustrating enough sitting here hearing it that it was, we asked, not only our, our inclusion partner but our finance director and, and as I recall more than one time and their research did not generate any leads in that regard. So woe is us. But what's really frustrating is, is then that, that, the, that, that.

If the, if the funds are. Well let me back up. Are the, you say the funds are still, there are some funds available.

Dan:

We have spent only $240,000 of the $68.2 million thus far.

David:

And, and it's my understanding by virtue of the meeting that we were not invited to, not a participant. But mentioned no less than 14 times that there's 241 asks on the table currently. Some may be redundant, some may be piggybacked et cetera. et cetera. But there's a number of asks for that $68 million. None of which are ours. Is that still the case?

Dan:

I don't have the exact figures. But that, there's approximately $240 million worth of proposals that have been received to date, yes.

David:

$240 some million, not just 241 asks, but $240 some million.

Dan:

$240 million worth of potential investments. Wow. For this funding. Wow. And the, those range from investments in new water meters in Sedalia to a $30 million wastewater project on highway 85 corridor. That's the breadth of the potential projects. There's approximately $20 to $24 I believe roughly that we've received to date.

Describer:

When Dan says $20 to $24, he means in millions. So there.

David:

What's the deadline on those requests?

Dan:

We have not set a deadline. We, we will continue to receive requests for funding. We anticipate tomorrow having a conversation around with the board around, what the next steps will look like. Are there projects that the board is prepared to invest in? Are there projects where, are there other areas of potential expenditure where we want to solicit more broadly for potential projects?

David:

And of course those are public meetings right? Yes. And, and is there, can you tell us how to get on the invitation list?

Dan:

Yes. I forwarded information, on, on how to make requests to Mr. Worley. So I believe at this point you have the information that you need to, to make a request.

David:

Very good. I think. I think the rest of my, my, my comments and questions. I will wait for. Love everything that you presented tonight. Mucho gracious. Very informative, succinct, clear. We too sometimes get 100MB per second down and every once in a while 20 up. We're in the same boat as you are. But progressing and unless my colleagues have any other questions for Dan. Go ahead, Robert.

Robert:

Yeah, just wondering what Douglas County's position is on the RWR with the San Luis Valley to Douglas County and that water. If you could expound on the project and how you guys stand on it.

Dan:

That project remains under review. Yeah we met with water council today. To gain a greater understanding of some of the challenges and opportunities that may exist with a proposal of that scale. They are significant on both accounts. So we are proceeding with appropriate caution and have not made any funding decisions on that project or any others in the water and wastewater area.

Robert:

Expand on the projects for everybody that doesn't know about it. And it does start with a B as in billions, right.

Dan:

The proposal, the shortest way to describe it, is probably that it is an option to buy water for future delivery. That water would be, would be delivered to the Front Range through and as of yet unidentified pipeline. The project would yield around 22,000 acre feet of what our part of you are, is characterizing as renewable groundwater. Groundwater that exists in a, in a confined aquifer underneath the San Luis Valley in southern Colorado. That aquifer is replenished from snowmelt off of the, the mountain range that escapes me at the moment. I apologize.

Describer:

An anonymous person off camera and off mic says something to Dan, but it is inaudible.

Dan:

Yeah. Sangre de Cristo. That's correct. But, that there is significant opposition within the valley to the export of that water. And there is a significant process underway to understand some of the constraints to, to exporting that, that water.

Robert:

Okay. And is there any general timeline? Other than the numbers for billions but the timeline of suits and things that are going to.

Dan:

If Douglas County entered into a contract for the acquisition of that water the, I believe that the, if R.W.R is successful in adjudicating the water in water court for delivery to the front range Douglas County would, at that point, under the current proposal. Will be obligated to, to pay approximately $440 million for, for those water rights.

And then there would be additional costs associated with obviously delivering the water from the San Luis Valley that have yet to be quantified.

Robert:

And thank you. Then. May I.

Describer:

Chris and Amanda spoke at the same time.

District Finance Director, Amanda Castle:

Go ahead Director Lewis.

Chris:

You can go, I'll go next.

Amanda:

Thank you, I appreciate it. I did just have a couple of questions, if I might, on the ARPA funding. And I represent the role of finance director here Castle Pines. So appreciate the ability to ask some questions here. Mr. Avery, if we apply for the ARPA funding and that is successful in any form or fashion will that be a reimbursable amount. Or would the funding be received prior to the project for use on the project?

Dan:

That's a good question. I, I believe it could be structured either way. I, I'd have to go back and review the, the guidelines. And I can certainly get in touch with you after I've had a chance to do so.

Amanda:

Yeah that would be fantastic. It just helps I think outline some, some potential costs and ability to have some.

Funding from the district or however that might go. So I really appreciate that. Beyond that I will go ahead and have Jim forward my contact information to you as well. Being in that seat of finance director I think it would be advantageous to be copied in on those. Like director MacIntyre said, we had looked for some funding previously in the year and based off of my subsequent research thereafter it looks like the call for funding came after our original look.

But I think if we can get that contact information appropriately aligned that might help with the district as well. So beyond that I think my other questions were actually asked and answered previously. So thank you so much for your time Mr. Avery I appreciate it. Thank you.

Chris:

So Dan I, just a clarification, looking at the Douglas County allocations slide and it has, where you have the different entities that have already received monies. Right. $5 million to Castle Rock and so forth. Now is that in addition they get or they can participate in addition to that $68 million right?

Dan:

Yes. All of the other jurisdictions listed here receive their funding directly from the federal Treasury with the exact exception, excuse me, of Larkspur who's funding and potentially Castle Pines. Whose funding would have come through the state first and then on to those jurisdictions.

Chris:

Okay. So they would have at a, at a city level they would have had the opportunity to get the funding versus at a project level where we can apply to participate in $68 million have opportunity to get part of that funding? That's correct. So that was my question. Thanks.

David:

And, and Parker as you itemized here is the city of Parker not Parker water and change district. That's correct. And no, none other in our neck of the woods have received any monies. But are all applicants if any to the $68,207,548 that is now in play.

Dan:

Correct. That $240 million worth of water and wastewater proposals were all directed to Douglas County.

David:

Yep, very good. Anyone else? Hearing none Dan, thank you sir. Thank you for your time.

Dan:

Yeah I look forward with you on a submittal.

David:

You bet. Plan on it. Thank you.

Describer:

Dan turned the mic off.

David:

You can leave that on because we're leave that hot, that mic hot because we're going to call up our next guest. This evening. Ladies first. Commissioner Thomas if you would please and welcome.

Douglas County Commissioner, Lora Thomas:

Thank you president McEntire. It's a pleasure to be here this evening. So would you like me to talk about ARPA or what is the format? You know we should go right ahead. President.

David:

I've got to turn on my mike before I'm authorized to speak.

Lora:

There you go.

David:

No, if you would give us an update from your perspective on what we've just talked about and your feelings and thoughts as we move through this process you've heard from our board here and our finance director. There's an appetite there. Dan's been threatened tonight to, to be ready for an application. We're going to make good on that threat. So Yeah so brief update and any, any comments or questions that you want to pose to us. We're here to answer. Otherwise we're more so here to listen.

Lora:

Perfect, thank you. So when as one commissioner I found out or heard that Douglas County was going to be receiving $68 million I was just speechless.

As a fiscally responsible elected official I thought what in the world are we going to do with all this money in a responsive way? And the first thing I have staff look at is how we could give it back in the form of rebates or tax write offs or something to help all of our citizens. And those rascals in Washington, D.C. make sure they put in the guidelines.

We could not do that with this money. So we looked at, we made a call for projects and I want to, this is me as one commissioner. I want to be sure that we spend this as equitably as possible. So we have already received $34 million. The other $34 million will come in May of this year. That will be the $68 million.

And as Dan told you we've only spent a very small part of it. We have spent a lot of time researching this proposal to bring water from the San Luis Valley. I have written an op ed in the local papers that I am opposed to this project. I've also done a video that I would be happy to share with someone on your board.

If you would like, I'd like to see that. I do not know who the end users are for this project for this water. I don't know how we are going to pay for it. Douglas County government is not a water provider. I am interested in partnering on large projects that will help a large portion of our population. I don't know how that water will get here.

I have spoken with all of the water providers, the big water providers. I'm talking about the Castle Rocks, the Parkers, the Centennial Lisa Darling at SMWSA. And they've all told me that they will not use this water. So I don't know who the end user is. I have also spoken with Denver Water, Aurora water and Colorado Springs Water.

They have all told me that their infrastructure will not be available to use to bring the water here. It seems like to me there's lots of risks, lots of downsides. No, I don't even see the upside for RWR. That's why I wrote the op-ed opposing RWR. Let me just add that my family ranched around the levee to pass.

In the 1800s I was a state patrol major in Durango, Alamosa and Montrose. I was born in Walsenburg and I spent a lot of weekends at the sand dunes with my family. So I'm not from there. But I feel a kinship to them and I have heard from many of them. All the elected commissioners in the Valley with the exception of Saguache County have sent us commissioners a letter telling us to stop this.

We've heard from several city councils. We've heard from the state representative Donald Valdez from that area. Senator Cleave Simpson also serves on the Rio Grande Conservation District. He is opposed to this. The governor has come out against this. The attorney general has come out against this as have Senators Hickenlooper and Bennet citing a Wirth amendment that adds another layer to clear before we can get this water here.

Today we heard our first meeting on a proposal out of Parker Water called the Platte, Platte Valley Water Partnership. And the way it was described to us today it is truly a win-win. The farmers in the area along with Parker Water filed together in water court in 2019. And, and it's a long project. I'm not going to explain it all to you. But everything we heard today is a win-win.

And when I asked them who their opposition was they told me they had none. This is a project that will bring water to Parker Water to Douglas County between 2035 and 2040. It has already been filed in the water Court for that is a project that I will support again. I'm one of three presidents. You also talked about an infrastructure project up and down highway 85 that will capture wastewater.

And we know in the world today that wastewater is gold when it comes to providing renewable water. We had two different proposals. One was I think 19 million. The other one was 27 million. And so those proponents were told to get together, put together one proposal and bring it back to us. So we are waiting to hear what that will be.

Having been the corner and Douglas County I know far too well the toll that mental health takes on our community. My top priority is funding the mental health initiative proposals that were brought to us. That is an expenditure that will help all of our community. We're not picking winners and losers. You heard Dan talk about $240 million in asks that we have a lot from smaller water districts such as yourself and I am on record as saying that I will not pick a winner and a loser.

I don't think it is right for me as a commissioner to provide Louviers or Sedalia or Stonegate, a smaller water project or district and not give something to everybody involved. Whereas if we can fund something like the Platte Valley Water Partnership or the highway 85 partnership those are opportunities that will help lots of people in the long run. And leave a legacy for our kids and grandkids who are going to be paying for this. So that's my broad overview and I'm happy to answer any questions. If you like.

David:

Platte Valley is exactly where, help me find that on my.

Lora:

So it's going to be I'm sorry. Go ahead. It will be up in Morgan County, Logan County with Prewitt Reservoir that already exists. And they are proposing to build two other reservoirs very close to Prewitt Reservoir in Logan County and one in Morgan County. That they can help bring water. What happens is there is more water that leaves in the Platte River to Nebraska than is required under the compact. What they would do is they would siphon those extra acre feet of water off when the river is flowing too high and store that water in the reservoirs. Then the farmers have sold, have agreed to sell their water.

Actually this was back in 2000 that they did this to start this project. So it's not a buy and dry. As these farmers have sold their water rights. When they need water they can take it out of the reservoir so they can keep their crops growing.

David:

Yeah. As a fisherman I can, I can tell you we've had three years now in a row where Nebraska did, does not want any more water. Because of the volume that they already have. And they were out of room to store it the distance there, Lora between that project, if you will. And a user, Douglas County is about how many miles?

Lora:

It's about 125 miles from Prewitt Reservoir to Rueter-Hess.

David:

And, and about how many acre feet?

Lora:

I think the number was 40,000. Does that sound right, Commissioner Teal? .

David:

That's a huge amount of, huge, huge.

Lora:

I can't remember if it was 20 or 40. But it varies depending on the flows in the river and the drought cycle. But on an average, that water will always be available because they can store it in the reservoirs for when it is needed here.

David:

As an, if you know, Parker as an example why would they be a customer of that water and an advocate of, of bringing yet, they already have a $603 million project to bring 11,000 acre feet 90 miles away. To service those of us that are part of the Rueter-Hess development of which we are. Why would they, why would they be interested in bringing some of that Platte Valley River in, do you know?

Lora:

What we learned today from their presentation is that when Frank Yeager was in charge of Parker Water he had purchased the water in 2000 in Logan County. Wow. They had originally done it as I understood to protect the wetlands that was going to be destroyed when Parker when Rueter-Hess was built. So that was the original offset. They have maintained the water rights all this time. And so now that they have been talking to the farmers up there they have come to this win-win situation that will actually help the farmers up there. Because Prewitt Reservoir is very leaky. It is, it is built in a sand, sand, sandy area.

So they lose a lot of water. By building a second reservoir about 12 miles from it called Fremont Butte. Okay. That will hold 70 some thousand acre feet of water. Okay. And it is in a clay area so it will not leak and lose so much water. So that will actually provide more water from the farmers in Logan County and Morgan County in the northeast corner.

So that really does provide more of a win for both communities.

David:

Makes perfect sense. If they had the resource to continue to want to develop it in a responsible way. And that's exactly what it sounds like. Can't wait for an update.

Lora:

That, that ask just for the record is $20 million that Parker Water is asking for that project.

David:

They didn't have another ask, correct?

Lora:

That is correct. That's my understanding. Yes sir.

David:

Mine as well. Very good. Comments, questions, Commissioner Thomas, anyone? Denise.

Denise:

Your knowledge is so impressive. Thank you.

Lora:

You're welcome Director Crew.

Denise:

It's always nice to sort of connect the dots. But I don't really have any other questions other than to say thanks for your presentation. And thanks for coming here. And letting us just chat a bit. I lied, I do have one question. When it comes to what you do actually agree to spend the money on whose, whose decision is that? You as the commissioners?

Lora:

The three commissioners. And tomorrow morning the three commissioners are going to talk with staff to outline what we believe our process will be for determining how we pick our projects, what the process will be, public input. And so we will talk about that tomorrow morning to get a better idea of what that looks like. But it will be a decision, a vote of the three commissioners.

Denise:

Great. Thank you, thank you so much.

Lora:

Thank you ma'am.

Chris:

I would just reiterate what Denise said. We do appreciate both of you coming here tonight. You know, first time we heard anything about the process was last, last month and, and more in a negative way. So this was actually really positive for us to be able to get that information directly from you. So appreciate you two coming in here.

Lora:

Thank you. I'll just quickly add that for almost a year I have been publishing a personal email, a newsletter that I send out every Sunday night. And I try to very accurately depict what the commissioners have talked about in the last week. So if anyone's interested in seeing that newsletter just go to my website Lora and it's lorathomas.org and subscribe to it. And we've been doing it every Sunday since May 2nd. Thank you. Thank you. Thank you. Thank you. Director Merritt.

David:

The letters invaluable I can attest to and, and enjoy. those, those straight shots. We could use more of them. But you all, we're not done yet. There were two but now there's three. We have the honor of, of Commissioner George Teal with us tonight. And he is going to get the last word. Commissioner Teal, Welcome. You have the floor.

Douglas County Commissioner, George Teal:

It's about time I get the last word. I never get that at home. Well, thank you all for the invitation to come here and meet with you this evening. I really appreciate it. First and foremost I want to apologize. I mean I've heard it said a number of times by the members of the board. About you feeling like you didn't get told about what the county was doing with the ARPA funds.

I swear to God I tried to tell everybody I met. It was a part of our state of the county presentation back in October. Both Commissioner Thomas, Commissioner Laydon and I, we do a kind of a monthly video newsletter direct from the board. I know I've talked about it several times. Listen I know that there's so many more important things to be done in life than they tune in to figure out what the commissioners are doing right now.

But if you didn't get the word first of all I apologize. I take that on as a failure that, that we had to reach out to you guys, we had every intention of every single person in this county knowing about it. So I apologize guys. I really hope that we have an opportunity to start closing those gaps in communication and moving forward with better communication.

Because when I had heard that, you know, that I had heard that you guys had concerns that you didn't get the word you were not invited to participate in this funding source. My initial reaction was visceral. There was never any intention to exclude any community here in this county. And, and then I really wanted to be here and tell you about it and make sure I brought Dan. Because Dan's a whole lot better at speaking in front of people than I am.

And he's a whole lot better at keeping track of these numbers in his head than I am. So I'm, I certainly hope what you heard from Dan on presenting the facts, on presenting. Now you asked Dan a few questions that, quite frankly, I was kind of sitting in my seat wanting to do the, the "Horshack guy" from Welcome Back, Kotter thing. Because those are the facts that we that Dan can tell you because that's what we've come to as a group.

But I think as you heard and you heard it also from my colleague, Commissioner Thomas, we're coming to decision points now. So to have you guys come before us and, and please do submit an application. And let us know how we can help up here. It's actually really good timing. We actually heard from Commissioner Buck this afternoon.

The commissioners had an opportunity to meet with him in his periodic swings through his congressional district in our home. And you know he mentioned something that's a very reality, a very real thing in Washington. That depending on how the November elections go there's a very real chance that unexpended funds from ARPA will be clawed back.

They will be asked anything, surplus anything unspent will be asked back to Washington. And we will have that obligation to go ahead and have Treasurer Gill write that check. And send it right back to Congress to the Treasury. So I want him to say all that right off the bat because I know those are things that are on your mind.

But I want to thank you guys again for the invitation to come here tonight. It has been years since I, I've and been in this building. Castle Pines was actually, and it was not Castle Pines. It was Castle Pines North was my first home in Colorado. When I left the Army in 1997. I grew up in Greeley.

That's where my roots are. But when we left it was my in-laws living right over here in the retreat off of Tangle Oak Lane that, that's where that was my first home for nine months. I would have loved to have stayed. But I didn't want to live with my in-laws anymore. And Castle Pines was too expensive compared to the Meadows neighborhood of Castle Rock.

So that's where I ended up raising my kids. And, and of course my wife and I still live in the Crystal Valley Ranch neighborhood in Castle Rock. So thanks. I appreciate the opportunity to come here today. When we, I appreciate a lot of your questions because I could tell there was some of that confusion.

And board member Torres, I think, you know, you wanted, you asked that question to really sift it out. You have seen in your memo the allocations to the other municipalities that's there that, that came right from Congress that came right from the Fed. So if you had concerns that we were sifting through and saying well we're going to give this much cash we're asking if this much to Parker and this much to Castle Pines.

We didn't have any control over that guys. We, were, we, some of us have closely watched what the municipalities are going to do. And then there are other municipalities. I still don't know what Lone Tree is doing with their funding. Okay. You know president McEntire you made the comment of the meeting that we had with the Castle Pines City Council.

I'd like to just hit that right on the head real quick for you. Listen, I want to have good relationships with our municipalities. Having come from a, the council our town council prior to serving as one of your Douglas County commissioners. I don't want there to be the Iron curtain between the municipalities and the county. So of course we're going to have more of those meetings.

I hope we have more of the meetings just like this though where you feel comfortable to call me in. And quite frankly I like to I, I consider it an invitation to please come and see us. Please invite us up here as a board to talk about general issues because we all know the role of Metro Districts here in Colorado.

The reality is you guys are collecting taxes from your residents and you are using those taxes to improve the community. I want us to have that kind of relationship that I, I for one, I'm trying to build with our municipalities. I, you know, I'm not going to lumpia and call you municipalities. But at the same token you guys play an important role too.

And so please know that you will always have that seat with me anytime you want it anytime you want me here please let me know. I'm happy to come. I'm happy to tell you what's going on. And then any time that you guys want to come down. And we'll take you through the county stuff that we're doing and you know give you those details.

And anytime we can find those opportunities to work together better than what we do right now let's jump on them when it comes to your ARPA funding. And, and I want to talk about this because I actually cut the corner on this one. And I actually had an opportunity to talk to your district manager on Saturday about. You know, what do the applications exactly what you guys questions you guys have asked and been heard. You know, have the applications been closed?

Are you, are we still accepting applications? you know up until a couple of weeks ago I thought we were done. And we were going to start rounding up for a decision. Dan knows he and I have already talked about it. Your application will be welcome specifically. Guys I don't know if it's going to be an uncomfortable moment that I'm introducing here.

We all know what happened. A few months back when we had the failure of the machinery. We did have a boil order up here. Guys, I was hearing from my constituents and your constituents that something has gone wrong. We need to get this fixed. Give me an application that gets the situation fixed. We know where you are now but make sure that this situation is resolved.

Moving into the future. I keep hearing from many people and that's also been alluded to that, you know, what is the path forward with Parker Water? I really don't care if that's a course that you want to go on and you want to get back with Parker Water. How can I help? If you wish to maintain that independent water district here in Castle Pines let me know.

Let me know how I can help. That is your decision to make for the people of Castle Pines North. And I'm, It's their decision that I'm here to support. I do want to touch on the RWR, on the other side of the coin. I am the proponent of it. The billions, a lot of people have speculated about causing, costing billions.

It might, it might. And, and then we, my colleague, mentioned the, the proposal we heard from Parker Water today to bring that water down from the South Platte. I thought that's a great project too. I think it's great. We just always remind everybody when we talk about water deals we should look at what Parker Water did on the lower South Platte in 2000.

And they went and they bought several farms and it was a buy and dry crisis. It was, it was written about in the Sterling papers in the papers of the area that Big Parker was coming up from Douglas County to buy and dry. Now 20 years have gone by. Over those 20 years the parties were learned how to work together and bring a win-win to the people in the area which we heard about today.

That will obviously, you know, 20,000 acre feet is the actual figure that will be very useful here in Douglas County. Absolutely. I am still interested in fleshing out the deal taking it to where it goes. It might turn out to be a no. It's, it's something we don't want to get in on. It might turn into 22,000 acre feet that in 20, 30 years we might really appreciate having. When you talk about water guys I'm sure you know, these water deals are not done.

And then you've got water coming out of a faucet the next week. They are in years. They're in decades. Having been on the Castle Rock town council and having been on our water resources committee for four years I saw a lot of deals come before the committee and we get our bid and we're getting outbid at $35,000 per acre foot, $45,000 per acre foot Nevada ditch.

Did you guys try to get on the Nevada ditch? We did. Our last bid was $45,000 for it. And I think that was 9,000, 10,000 acre feet per annum. So I don't know, I, I don't mean to sound like I'm a water expert. My 23 years in business before elected office were in the software industry. But I do understand complex problems.

I certainly understand when they get complex and I'm more than willing to tackle them. And taking to where they go. And by the way, think about it. If Castle Pines North would like to be a water user from the RWR project. There's probably not going to be wet water here for 2030 years. It's going to take that long to go through the regulations.

Just like Parker Water bringing water down from the South Platte. But if you'd like to look at that I think we'd like to talk to you about partnering with the county and being a part of that. Or you guys go ahead with Parker Water because we're going to pitch them too. So it's no big deal. Well we need to come to a conclusion to that one.

And I don't know, we've got some obstacles. We got some challenges but this is a county that's been used to taking on obstacles and challenges. And I'm signing up for that. I'm kind of trying to think back on some of the other questions that I heard coming in. I think I wanted to address, you know, if you guys have if, if you guys have a problem here that money can solve, bring that to us.

Dan's going to have, should have given you contact information. I think he gave it to Jim to the district manager. Get it together please. Get it to us soon. Again, we heard from Congressman Buck today depending on how the elections go in November. And I'm a Republican by the way. And so if the Republicans win we may see a clawback of those funds if they're not spent. If you have a need and money can fix it please get that application in.

I can assure you it's not a matter of picking winners and losers. For me. I want to solve problems. If there's a problem present I want to solve it, period. And yes this was my first home in Douglas County after I got out of the Army so I'd really like to see that application guys. No more no less than any other application we've received.

I will tell you that some of the projects I spent my Christmas break reading through the list of projects that have been submitted. There are a few problems to be solved by the applications that are there. I mean there's drinking water issues okay. Those are ones we're considering. There are also some of, well we'd like $7 million because we have $7 million but we'd really rather spend it on something else.

So can you give us $7 million? I'm not such a big fan of those ones, okay. I want to solve problems. This is temporary money that we're all paying for. I paid my taxes. Did you guys pay your taxes? This is our money. I think we should be solving it. We should be using it to solve the problems before us. With that said if the board has any questions? Mr. President, I'm happy to answer anything I can.

Describer:

David is talking off mic and he is briefly inaudible.

George:

See my colleagues do that to me. I apologize. Staff doesn't do that to me. It's my colleagues who nudge me and say turn your mic on.

David:

You know, I get picked on all the time. I'm just a little numb about now. Chris, anything?

Chris:

Nothing specific. I do want to extend the same. Thank you to you. Yeah for being here. We definitely appreciate the fact that you took the time out of your schedule, and to come down and meet with us. And we definitely appreciate the fact that you said, you know, you want to meet with all the water districts. Even the little ones that may not be like a big one. So we do have a significant constituent here that we serve our community and we are here to specifically serve them and we're going to do what's in their best interests.

So we'll have definitely some applications for you guys. And we appreciate you going through whatever your objective process is going to be to choose them. And then, you know, allocate appropriately. But thanks for coming and thanks for being here.

George:

You bet. And I, I will admit to you guys, the good people of Castle Rock Municipal Water District, they have opportunities to see me about every Sunday after church when I'm going through King Soopers and policing up the grocery list.

And so they, they always get first shot, but I'll tell you. Actually my very first water district I met with about 11 months ago was actually Perry Park. Now a really quick census check. Obviously you guys are not smaller than Perry Park. So water districts are important because water districts are really about people.

It’s where the people in engineering come together. So I'm really again, I'm really happy to be here. Thank you for the invitation.

Robert:

We thank you for your time and

Amanda:

Just one more question. Absolutely. Thank you. So you had mentioned about the boil order that we had earlier this year. The district did expend a lot of money on that issue and getting things up to par.

When we're looking at applications for potential use of ARPA funds, do they, are they only for forward looking projects or do we have an opportunity to look back on a project such as that, that did cost a lot of money. But would have been eligible, I’ll say, prior to our application.

George:

Yeah, fixing known problems, specifically infrastructure. The regulations do call out catching up on maintenance, deferred maintenance. And actual equipment failure is authorized. It's actually governed by an EPA regulation that's out there. It's, it's written to be in accordance with. So case in point, we were just talking about our RWR right now. We can't spend any ARPA funds on RWR.

We can't do it because it's an acquisition of water rights. That is prohibited under this EPA pamphlet. We'll need to invest other funds in order to move forward with that one. We're actually having some challenges identifying with the Parker Water from the lower South Platte. Exactly how that is consistent with the spending from the EPA.

We know there are parts in there. Case in point, they talked about the need to replace the diversion dam that's on the South Platte. Shoot, in the vicinity of Iliff, the bustling metropolis of Iliff. Okay, we can spend that money on that. That would be, authorized. The pipeline to bring it, the water down, the 150 miles.

And by the way partner up with Castle Rock Water and their Box Elder wellfield in Weld County. We can spend ARPA money on that. But then it must be expended before 2024. I don't know if there's a true honest project plan that gets us 450 miles of pipeline strong by 2024. So those are some of the gating issues guys I'm telling you, I'm going to tell Dan that he gets the phone call from Jim.

You have a water engineer come in on council. We will want to see how you intend to spend those funds. We would like you to be as specific as you can. I mentioned Perry Park. Perry Park put in a 20 page proposal themselves for about $10 million. But some of it is. Hey we, we would like you to help us with this so that we don't have to take five years to do it, okay?

As opposed to something that is much more emergent. Obviously we haven't decided anything but if there's more emergent problem, case in point, Louviers and their drinking water situation. It would be my intent to solve that problem sooner rather than later. Of course, I'm one vote. Don't worry. I only have to get one more vote. But I'll see what I can do.

David:

Thank you Amanda, we're tracking. Thank you. Robert, anything? Denise, anything? George, you thought being last was the best place to be?

George:

I'm Irish, I like to talk so no sweat. Bring it on. Come on. You know, what do you have, sir?

David:

First of all, thank you for being here. Yes sir. You're always welcome. Thank you. I was under the impression that our. Invitation was, was globally known that anyone that had a question, comment or concern that they were always welcome. We had a very, an incredible meeting this morning with a number of folks that came in to talk and, and do it in that same form as you talked about in. You know, dressed down if you will or comfortable environment where there's back and forth allowed and we really enjoy that and, and to have you here and involved in that along with Commissioner Thomas who has been here before and, and had the same types of exchanges.

We appreciate that of you guys. As either one of you ever heard of Pat Mulroy? Yeah. Okay. You ever hear her water plan? Probably not. That, that's a good one.

George:

Please, please do.

David:

I'm not, I'm not going to. You know Pat is, is a friend of mine. From Las Vegas and was, is, was the chairman of the board of the Las Vegas Valley Water District. Then graduated to be the president chair of the Colorado River Commission. Okay. And, and is a water guru to say the least.

And her idea was really simple. You know, just share it with you so that you can repeat it. The desert southwest requires not only is, is not only thirsty today but will be more thirsty tomorrow. And her idea was utilizing a number of miles of existing pipeline. On top of the intellect of the pipeline building that we have. Whether we're talking about the oil and gas industry or et cetera. We have that technology.

We can build pipes. And it was her idea that she began to float back in her day. To take 1% of the water out of the Missouri River at the confluence of the Missouri or the Mississippi vice versa at the take it out of the Mississippi at the confluence of the Missouri. 1%. How many of us have always heard about the flooding problems over there in the Mississippi Valley, right?

1% according to her calculations, and she had it drilled down to an absolute science. You take 1% of that water annually from that confluence, you pipe it this direction. Not only do we have the science and, and the ability but we have a number of willful participants along the way. Much as you were describing those from Sterling down or Platteville Valley.

But you pipe it to the Front Range where we already have infrastructure. Now we have to turn it in reverse from the western slope to the eastern slope and now pump it from the eastern slope to the western slope. But we just simply use that already existing infrastructure and we pump it into the Colorado River corridor which feeds the entire southwest.

All of California all of Nevada all of, of, of a lot of Utah a lot of Arizona et cetera. If you guys want to talk water projects, Pat Mulroy is an incredibly brilliant lady. And, and it would, she's probably still available on the circuit. But I would implore you to at least consider her as a, as a consultant in anything you do with that kind of, of size. Let me continue.

George:

Actually if I may. Go ahead. Mr. President. So right now there is a plan floating around and it's from a, a study of the Colorado water compact in the Colorado River basin from the BLM. The author of which is the most recent manager of the Centennial Water District. And who is now actually a resident of Castle Rock. Only the plan that he worked on that he did the engineering on is to capture that water during the flood season.

So about your 6 to 8 weeks of flood at Leavenworth Kansas. And to then start hopscotching it. Yeah. Across, you know, Kansas I-70. Governor Brownback is aware of this plan and would be supportive. It also solves a problem of navigable waters on the Missouri River between Kansas City and Omaha. Which Governor Ricketts in Nebraska would probably be really interested in.

I was presented this at the Colorado Water Congress last summer. And I was like wow that's really cool. But the only problem is I have $68 million with my colleagues and I. That's right. Anyhow, I'm circulating that Congressman Bogaerts staff, chief of staff, has that memo. Congressman Buck has that memo.

I don't have that close of relationships with our senators unfortunately. There's a, there's a party that separates us but I'm trying to figure out how to get that before them. And Hey you're right. It's the basic physics of our entire continent that are at play here. That could be used to offset the water needs we have right here as well as the Western Slope. So thank you for that indulgence.

David:

Right, and the point is, is to leave no stone unturned. Exactly. So we applaud you looking at, at all of, of the opportunities that exist for all of us as this board has and will continue to do as I see into the future. We also accept your apology. The apology that came as a byproduct of the letter that we sent when we found out that you guys, you the commissioners and, and the city of Castle Pines were meeting. And, and as I mentioned earlier in that meeting it came to our attention that.

Well, let me just share with you respectfully a couple thoughts I have written down. Okay. I was simultaneously surprised and baffled as well as angered and amused to watch the video recording of Douglas County meeting with the City of Castle Pines on February 24th. The first two items on the agenda for the meeting were A, Castle Pines North Metro District inclusion in Parker Water and Sanitation District and B, Metro District Relationships. Yet we were never invited to participate consequentially. Consequently you, Douglas County Commissioners and staff received misinformation.

Without belaboring that point, in the future, when Douglas County commissioners and staff have questions, concerns and insights regarding Castle Pines North Metro District the inclusion of our water and wastewater utilities with Parker Water and San. District. And to our future and the future of our community's renewable water future. Please do us a favor and contact us.

George:

I know where you're at now.

David:

My colleagues and I are here for you commissioners and Dan, our district manager is here for you. Our legal counsel wherever he's at is here for you. Finance director as you've heard and seen is here for you and the communications director sitting in the back room. Mr. Smith is here for you. I sincerely in reviewing that meeting I just want to say that I sincerely appreciated mayor Tracy Engerman’s responsible measured fact focused remarks during the meeting.

However, for the record neither the city manager Michael Penny, nor Councilwoman Deborah Mulvey, or Councilman Roger Hudson has. You need to know, has jurisdiction over our community's water or wastewater utilities. They are not agents or representatives of this district. They are not authorized to speak or negotiate on our behalf. If our roles were reversed I'm confident that all three Douglas County commissioners. And the county manager would strenuously strenuously object as we did.

To being on the menu for that meeting to say nothing of the misinformation conveyed during that meeting. Talk about money problems. Appreciate the invitation. We don't have any money problems. We illustrated that in the letter. None that wouldn't solve all the roads in our community. Which is priority number one. And unbeknownst to the finance director of Parker Water and Sanitation District who responded to one of our residents who came up and said. Will you guys please just make sure that the extra money that is left over after the inclusion goes to Rhodes.

His subsequent email the following morning was, was chastising the lady for her comments insinuating that this district has no road obligation within its service plan. Well that's how much he doesn't know, we do. And we were offended by his remarks. Even more, offended by their pursuit of money that is unjustifiable.

Parker is not entitled to the extra $11 million that you heard about in that meeting. We have a fiduciary responsibility, a stewardship responsibility to our homeowners and residents as you do. And in that context we are not in the business of facilitating unjustified money grabs for Parker Water or any other jurisdiction. The bottom line is that Parker Water and San. District attempted an $11 million money grab and it failed.

So it stamped its feet, threw a colossal temper tantrum and took its marbles and went home. We talked about that in our meeting this morning. And when all of the residents that came this morning. And I'm conducting those meetings as you all would. And would enjoy and you're invited as well to listen to the facts and the fiction associated with the inclusion.

The level of detail was appreciated and understood. And there was a unified field that came about the, the room. I think even one of our potential future board members was, was interested and entertained by the discourse in the conversation and the information that was flowing. But for the record we have plenty of water. We've invested millions of dollars in rehabbing our wells. Five years in advance of their regular maintenance schedule.

We have spent millions of dollars on our water treatment plant. Our new unwrapped water main which represents about a third of the initial water main that was installed in the city back in the 80s. Wow. Though we welcome Parker back to the negotiating table you and they need to understand. We will deduct costs of all of that infrastructure. As it was proposed to be included when they bought this used car.

From the bucket that went along with the used car. We're Commissioner Teal, Commissioner Thomas, Dan we're within as you'll see shortly hereafter in our agenda. We are only a few months away from taking that used car. And converting it to a new car and, and at a significant savings over what was proposed in the initial inclusion agreement.

Could not be happier for that. If human resources reimbursements as a part of a, of an appropriate, ask for the money. I didn't recall that it was. Not to worry the gentleman that was the cause of the boil order and or the, the, the, the one of the issues in this last summer that the district experienced where the water went off from its residents. Was a byproduct of an individual who didn't answer his alarm when his alarm went off.

Subsequently, the fuzes in the ACS went out, the pumps burn up and the water stopped flowing. Similarly we had coordinators who, when they were not properly overseen by the licensed operator. That operator soon left on his own accord and we don't have any human resource reimbursements that will be applying for. Thank you for allowing me to share some of those candid comments.

I've been kind of just centering them out since we drafted that letter to you all. And we appreciate you taking that seriously. Appreciate you being here and listening to us and allowing me to share with you how heartfelt this community is about its roads. First we have plenty of water. And we could not be in a better position from a water and wastewater provider to continue to provide that in a healthy, safe, consistent manner. As it's all expected of us. Thank you again.

George:

Well thank you again. Thank you for the opportunity to come this evening. And yeah let's, let's not be strangers y'all. Let's know that you always have an invitation. Dan will be sure to pass along my contact information to you guys. And I do expect that shared with each of you individually as well. As any other key personnel you have here in the metro district.

Oh wait a minute. I really thought I spent a whole lot of money trying to share with all of your residents too. So share it with whoever needs anybody who wants access to me. The cell phone number that will be given to you is the cell phone. And I would love to, I'd love to hear from you.

And more specifically, if there's anything that I can do to help make this a better place please do let me know.

David:

And, and again thank you. Know that our contact information is on our website. Know that I thought it was humorous that they wanted to send around the sign up sheet and the meeting, yet again, to promote that communication. But by golly high five, right? The more of that we have directly the better informed we are. And sure appreciate you being here. Thank you. No problem. Commissioner Thomas. Thank you. Dan if you guys want to stay for the rest of meeting great love to have you. If not we understand. Have a good evening.

George:

Yeah. I'm going to need to duck out to eat eventually. But I'll stick around for a bit. Right. Thanks. So much.

David:

Very good, thank you again. Thank you.

Describer:

David is flipping through his notes. He is trying to find the Agenda.

David:

Where. Six. Where is? Just a moment. Did I do it again? I don't know what happened to my page two. Here it is. All right. I'm going to close item number six and. Is it?

I think that's the last speaker. Item number six, Douglas County commissioners, special projects, Dan Avery presentation and move to item number seven which is a status of our action items. Specifically referencing the inclusion that was terminated by Parker. You may recall December 9th prior to the inclusion date there were some concerns that our partner had at that time. Providing us a overhead presentation of those we, within four days, created an amendment acceptable to both boards.

Both boards approved same. We were headed to a closing on January 3rd. Until which time our manager received a call to discontinue all communications. And not to worry about any of the eight items before which time their $$11,032,778 request was honored. Is that correct Jim? Yes sir. That being said we felt that it was only responsible.

And incredibly fruitful for us to then handle those maintenance items ourselves. We jumped in with both feet. We jumped in with their consent. And have continued to move forward even after the termination without their needed consent and making sure that our used car. We not only had the things taken out of it but the fuel pump replaced and in some cases all four tires.

But seriously on the agenda without me itemizing or reading through it you can read for yourself those that are online it's posted to the website those that are here can see substantial changes between items A through g half of them are awaiting and including and date. That would only be that would be the only catalyst necessary to consummate the documentation that was asked for by Parker and ourselves as a part of the inclusion.

The water rights issue is still a ball in the air that is, is still yet to be finalized. Without an inclusion there's no immediate need for the $18.2 million. Of an asset that continues to as you heard from the commissioners appreciate in value on a daily basis. All of the agreements have taken shape and are inform awaiting final documentation from an inclusion agreement. All of the wells as I mentioned before have been rehabbed five years ahead of schedule.

We had ten wells. We did two wells every year. The wells that we weren't doing were the wells that we were using during the summertime basically and we never ran out of water. We now have the ability with ten wells that have been completely rehabbed as a byproduct to preparing and posturing ourselves for an inclusion. To pump more water than we've ever realized from the wells in our history.

Our water plant. It won't be but a few months before which time? The water plant is back online. The water plant will be of a condition where it is, meet museum quality. We will be soliciting and inviting the school districts and any other interested individual or entity to conduct tours within that facility.

It will have been remodeled, updated and completed over the course of the next 30 to 60 days. And, and if anyone has seen the, the traffic in the in both human traffic and vehicular traffic around our wells and or our water plant. They'll know that we've been very busy and taken advantage of what we have done year after year, after year. Is this downtime where we're connected to the interconnect pipeline of, of Centennial to conduct that maintenance. But to the tune and the beat of the drums of the issues from the inclusion. We have brought forward all of that deferred, inappropriately so, deferred maintenance.

And all of the upgrades that make it reliable to say the least. We have, the only last thing I'll say about that is, is the easements while when you read in the agenda there were two items, item C, which is a jointly owned water rights with the village of Castle Pines. Council is confident of having that final resolution by May.

Council is also item F, confident that the resolution on the easements will, there will be a process in place to resolve that matter in June. So I implore my colleagues to remain cognizant of two things. One the date here we are the eight of the nine items excluding the money. Eight of the nine items will be 100% complete in.

And the second thing, the invitation that Parker has provided by and through some of their publications whether it be a post on their website. Or some articles posted by some of our local media. That when we have made substantial progress that we're invited to give them a call. Again I remind my colleagues that that call may be one that we want to make over the course of the next 30 days.

And or put council to putting it to paper. So that it is on paper it is on record that, that substantial progress has been complete with a definitive completion date. And, and hopefully get a response from them acknowledging not only the, the request in the invitation. But reciprocate their interest as well.

The easements is the, I was sharing with the group this morning that the easements that this process that they're talking about and will wrap up here before public comment. But the easements is a byproduct of, of when, when, when city council or when Customized North was developed and all of these water and wastewater pipelines were run across the land to service these developments.

That was when there was one landowner, one water provider, one sewer provider, one wastewater provider, one stormwater provider et cetera, et cetera. And that was Castle Pines North Metro District. Unbeknownst to all of us when we sold our first used car the person said or the bank said we need your title. And we didn't know where the title was.

It was last time I knew it was in the glove box when I bought it but, you know, enough with the used car analogy right? The is the pipes and the wastewater and all of this infrastructure going across the open space and the trails and, and the parks were a willful attempt to maximize the economies and efficiencies of the delivery of these systems and these services when the inclusion takes place and they want unfettered access and ownership of, of this property where this infrastructure exists it's like recreating the entire wheel.

We never had any easements. You heard commissioner deal and then talk about human resource issues. We're all experiencing human resource issues and the guy will attest the surveyors and the engineers are no exception. To recreate easements meets and bounds and document legal documentation to identify a piece of property that is owned by the district and subsequently conveyed to an inclusion partner.

We have finally gotten beyond the request and have now developed a process by which our inclusion partner, so far, are willing to accept is that conveyance and that guarantee that they would have unfettered access. And rights to that property which has allowed us then to expedite this issue. Otherwise we'd be probably years away from accomplishing that. That being said again, not going to walk through the request for the $11 million before which time I close item number seven. Open up. And, and.

Item seven and eight. And I'm going to open up item nine which is our first public comment period. Please limit your comments. If you could, in the spirit of, of expediting the meeting concerning the items that we have spoken about up to this point we'll have a final one at the end of the meeting.

Should there be any additional questions given the business matters that are to follow. We have some sign ups of the people that are here. And other than the commissioners none of which have opted to speak. That being said I respectfully accept and hastily move on. I'm going to close the first public comment period. Unless our communications director, none online. Okay, very good. Thank you. We’ll close item nine, the first public comment period. And open up item ten. Are Open Space Manager's Report.

Chris:

Did we do item, item eight?

David:

The due diligence discussion. Yes. You know I, I'm, we didn't. I was hastily moving to item nine. But let me, let me just address it then. I was going to pick it up at directors item.

Chris:

We can do that. We can do it at the directors meeting.

David:

if, if it's okay with you all. I'll pick that up under directors Matters. It's, it's not a long But I know that everybody's interested in anything and everything that we may have alternatively planned for our renewable water future. And I want to share with them briefly. A couple things that are in the works. So item ten Open Space manager's report.

We welcome David Anderson who has been elevated. It's been promoted and is now the one totally responsible for open space management. Craig is, is left on the 18th a few days ago and we wished him. Well you guys sit him off appropriately. Right. And. No. Well then that was done. Well that being said David typically then you would have the floor to make your report. Go ahead sir.

Describer:

Jim helps David turn his mic on.

Operations Manager David Anderson:

Oh that one. Yeah. I, we submitted the, the letter to Jim and the board. If you guys got any other questions other than reading it let me know. I guess.

Denise:

I have a quick question. Maybe you can answer. You said new plexi glass panels for the hat. Lights? Can you explain that?

David Anderson:

Well was with the snow removal? Yeah that goes on constantly. They blow snow up into the hat like it has glass rings that shine the light out into. I mean.

Denise:

We're not talking street lights or something close to the ground.

David Anderson:

It's the hat lights out in the center medians.

Denise:

Okay. Like would be okay. Correct. All right. I did not know what that was. So thank you.

David Anderson:

Yeah. The snow removal is pretty hard on them.

David:

Some of the wall as well as. Correct. Okay. Hat shielded lights landscaping actually. Correct. Okay. Thanks.

David Anderson:

And the snow removal guys. Yeah. Are pretty rough on them.

Denise:

I understand that. I just didn't know what that was and appreciate that, thanks.

David Anderson:

We put out several new trash cans for poop stations for, throughout the district in, kind of, key locations where we have been finding a lot of bags and stuff that they are not throwing away. So did that. A lot of snow removal lately, so.

David:

David. Very good. I'm glad to see that the trash cans and the dispensers for the hand bags and the signs that we worked diligently on at least conversationally at this level. It's been over a year. I believe without an exact date. Robert, you were a big voice in that regard. And so you have to be excited about them finally coming off the boats and being deployed. When will they be fully deployed, David.

David Anderson:

The signs and stuff?

David:

The signs for the season as well as all the handbag stations and cans.

David Anderson:

The cans and stations are out. Okay. The signs, we're still waiting on the signs.

David:

They were humorous in nature and sincerely intended. Can you give us a give it give, it give us a date that we can.

David Anderson:

That I can't tell you because I don't think they have even been ordered yet.

David:

It was my impression that they had already been ordered a long time ago. But I'll leave that to you and Mr. Woodley to work out. But please let us know when we're right around the snow corner. Yes we would like to along with our trails signage be up and ready for the spring season please. Okay. Thank you very much. Also I had brought to your predecessor's attention a small amount of business.

It's been, being transacted with the city. Which is the reclamation of the intersection landscaping at the intersection of not only Castle Pines Parkway and Monarch but also the entire Castle Pines Parkway segment where the road and the water line was relocated into the road. That project he estimated that the, the contractor working for the city was going to be forthcoming. And well responsible and forthcoming with approximately $129,276 towards making sure that, that landscaping in this area is ready for springtime. Correct. We, you, make sure will you confirm for this board that, that number is accurate. And if you need between now and our next meeting at the worst case to confirm that I do so.

David Anderson:

I will have to get with the contractor and the city to verify that.

David:

And while Jim has been the fluid point between the district of course and the city in that regard. He will help you. But if you guys will again reaffirm that before we accept our responsibilities that accept our stewardship in that area as we are engaged in a license agreement with the city make sure that each party is, is holding up their end of the bargain financially. Would you please? I will. Okay, and.

District Manager Jim Worley:

Mr. President, if I could add to that there is a meeting. I think it's tomorrow. I was just. Okay. With, with the contractor and Larry Nimmo and others related to the landscaping and the irrigation that David's been working so hard on, so.

David:

That’d be an easy one to check off the box then inside of this week. So when you guys get there, if you'll let us know.

David Anderson:

We're doing a walk through what was damaged and. We're doing a walk through what was damaged and a timeline. And when they will start repairing it. And they were told by May 1st that all the irrigation had to be done.

David:

Well, we certainly don't want to be behind the irrigation season with our plants for irrigation. You guys know the drill better than I, please. I and I know that Larry is understanding and is with us in that regard.

Bring us back a report inside of this week if you would let us know where we can help. Equity is importantly important. All right, very good. Anyone else hearing? None. I'm going to close the Open Space Manager's report and open the distribution collection system. Formance report. Nathan, are you with us?

Describer:

Nathan is joining the meeting via Zoom.

District Manager Nathan Travis:

I'm here., such as I am.

David:

You have heard me give you kudos. Indirectly, all evening if you've been hanging out with us. You deserve them. Job well done. As it relates to our water distribution and collection infrastructure and the improvements that we have all witnessed and are part of to date. But this evening sir would you fill us in on the odor resolution in Forest Park and Castle Pines Point neighborhood first?

Nathan:

Yeah everything is still looking good out there. We've been. I reached out to Scott Boyd who is the product project manager with QP services. To see where he's at. Just in terms of a product deliverable letting us know kind of just the, the report basically with kind of more of the hard data.

It's been passing the sniff test really well. I know he's been taking some off gassing and odor readings. Specifically looking for methane and hydrogen sulfide. Those are the smelliest gases. Those are coming back greatly greatly reduced. So we've, we've had some pretty good luck with it or I guess like is it the right word.

It's just been, turned out to be an effective application. And so yeah we'll, we'll keep watching and looking forward to hopefully just maintaining the track that we've been on for the last couple months with it now.

David:

Remind us Nathan of when this problem first occurred. Best you know historically.

Nathan:

Historically this has been an issue basically since the inception of the district.

Lift Station three was one of the earlier lift stations built. And it's certainly gotten progressively worse. But just based on the manhole remediation replacement repair that we had to do over the past couple of years. Just the amount of physical damage to the concrete structure of the manholes is, has been going on for. You know, decades that 20 years or more to, to get to the point of degradation that we saw.

David:

The, has there been any additional input by PW, or Plum Creek Water Reclamation Authority? on our remediation efforts?

Nathan:

We've stayed in touch with them around it. Mostly because we were adding gaseous solutions so that, that ozone injection up front was something that we wanted to talk to them about to make sure that it wouldn't interfere with any of their processes.

One of the bigger threats to them would be us adding something to the wastewater stream that has the potential of killing the bacteria that they need in their process. They were really supportive of the ozone solution. Did give us some stuff to look out for in check in terms of, you know, pump gaskets and compatibility which when we ran through our manufacturers everything looked good on that end.

And so they haven't seen any issues. With regards to that there has been a reduction in the amount of grit and soil. Well, were not grit. Well I guess some soil too but just that, that degradation concrete was starting to show up at times in the flume. And so it was giving them some reading inaccuracies.

It was something they were having to clean out and manage. So those, those issues have been resolved. We stayed in touch pretty closely with them while we were doing that construction process as well just trying to make sure we were catching anything that we were potentially dropping into the wastewater stream just by stripping those manholes down. But you know, I haven't had any negative comments from them around any of it. It's all been, all been good stuff.

David:

Fantastic. They, they are an excellent resource for this as we problem solve the contractor who missed on the last mechanical try is still taking responsibility, has replaced all of the pumps now associated with that at their expense. And so far so good. Is that correct?

Nathan:

That's correct, everything has been appropriately sized. We've made some adjustments to the injection system. We went with a much less complicated injector that has a lot fewer potential failure points. That was also something that was done at their expense. And the only thing that we're outstanding on is a back up air compressor.

Right now the one that's in there is working well. It's really reliable but the delivery times on that second one are, are pretty far out. We haven't heard anything in terms of a hard date for it. But with as near as the equipment is everything looks really good. Part of their service contract also has them in that building multiple times a week.

They, they're checking equipment making sure that everything's looking. Well. They've got a list of things that they're going through that will also help them kind of foresee failures before they come on. And a lot of, a lot of preventative maintenance to make sure that that thing stays up and running.

David:

You know that none of us are going to sleep in until that redundancy is in place. Just, just saying. And thank you again for that update. We have received your written report. If these pictures aren't worth a thousand words you should have seen the before pictures. And while, as everyone witnessed it still worked. It didn't work as good as it works now. And it's with the disposition sense of termination.

That will remodel, update and upgrade that water plant. Since taken over it is just the metamorphosis, is just incredible and a good great again great job. And we look forward to winding that up, making it available to the public this summer. And if there's anything that you need from us I believe you know where each one of us live. Jim he's been told to, to bring donuts and, and, and lunch every day. Is he still doing that?

Jim:

Just say yes Nathan. Thank you.

Nathan:

Yeah yeah it's, its like like clockwork. It's been great.

David:

We won't let them out. It's what the deal is until again. Thank you. All right. Any other questions, comments, concerns? Hearing none. I'm going to close the distribution collection system Foreman's report item 11 and get to our finance director's report. Amanda, welcome. Thanks for coming. You have the floor.

Amanda:

Thank you so much. I really appreciate it. And gosh, I'm going to have to come down there if there's donuts. So that's always a motivator for me.

David:

There was a bundt cake this morning.

Amanda:

Yeah exactly. So tonight we do have for the board's consideration the amended 2022 budget. I'm not going to go into a ton of detail here but as you're all aware due to the delay or termination current termination of the inclusion it's necessary that we adopt a budget that fully includes water, wastewater and storm. When we originally sent draft budget in, gosh, October November time frame we did include a column that had this budget anticipated.

We really at that point what we were looking at was ensuring that the current budget would cover any additional expenditures if necessary. And at that point it demonstrated it. Now unfortunately it's necessary to go ahead and adopt this budget. When we look at the 2022 all encompassing budget there are a few items of note. In the general fund.

We've obviously removed the payment to Parker for what would have been the pilot agreement that we would have entered into upon inclusion. So that has gone away in removing that we've also added back payment on the COPs. We can look at potential of, you know, our payment options on the COPs. It's definitely something to consider but we want to look at all options surrounding that.

So for now we have included the payment of the COPs as that base rental expense in the general fund and included payment of the COPs in the Special Revenue Fund relative to those pieces. Additionally, in the water, wastewater and storm funds we included all relative personnel and split out costs accordingly. So when we had our initial draft of the budget a lot of employees shifted to being in the general fund.

And employees of the district haven't historically been all included in the general fund. There's traditionally a split. Jim is a great example of this where we have a proportionate share of his wages and benefits are split amongst all funds. That's now the case again versus if we would have gone through inclusion those wages would have transferred solely to the general fund.

So you'll see perhaps a reduction of wages in the general fund. That's offset by the inclusion of wages elsewhere. Beyond that from an inflationary increase we looked at an increase in expenditures of 3%. If we knew there were relative expenditures that would be more and or less we did update those. Big thanks to Jim and staff for their work.

Initially as we walked through that, that draft there and then there are costs associated with additional costs for accounting and legal and whatever that full scope of services is. So we went ahead and put that back in at full bore. Beyond that, revenues were anticipated to be flat. So I know that we had, traditionally we've got increases in revenue stream from that sort of thing.

Those were peeled out. We peeled away the renewable water fee. As previously discussed. So you'll see that revenues are traditionally lower than, than we would have. I will say, you'll see this in my other report but we have seen an increase in usage. So even with a lower or, or nonexistent increase in those fees. I would still anticipate that we probably see additional revenues. But we'll get to know that more as the year progresses.

If there are any questions I'd be happy to answer those but we should probably open the public hearing relative to this budget as well. That. Jim or Kim one of you to do that?

David:

Nope. That's correct. I'm, I'm going to go ahead and open a public hearing on the budget item for 2022 now inclusive of the water and wastewater Enterprise Fund. Is there anyone wishing to speak? None wishing to speak about that. Amanda, you did an excellent job in presenting the facts of the matter. Chris, Robert, Denise, Anything? Hearing none. I'm going to close the staff, anything? I'm going to close the public hearing. And ask for a motion to approve the amendment to the 2022 budget. Is there a motion?

Robert:

I'd like to make a motion for the amendment for the 2022 budget.

David:

Have a motion, on the floor to approve.

Denise:

I second the amendment.

David:

Have a second, any further conversation, comments, concerns, staff, finance director? Hearing none, no other comments. Pre hearing none. Called for vote when called upon indicate your approval or disapproval.

Board Voting All Speak:

Director Lewis. Approved. Director Merritt. Approved. Director Lowen, Crew. Approved. Director McEntire's approved. Item passes unanimously.

David:

The public hearing is now closed. Consideration of, do we not have a, do you have a second amendment? None. Okay. Nope. All right.

Amanda:

Just one, so we're good on both those items.

David:

All right. I would like for you to before moving into our payables and expenditures.

And, and please tee that up with a motion. Absolutely. I would, I would ask that by this time next month we've gone through that debt and a debt service analysis that we were talking about earlier with our COPs.

Amanda:
Yes sir. Absolutely.

David:

We have about $15 million in and shop debt thereabouts. And, and $15 going on $20 and, and, but we have it at a rate that is, is probably not replicable in this marketplace.

Describer:

When David said $15 going on $20, he meant millions.

David:

That being said, what's a guy to do with, with the money? Is, is part of that analysis. While the debt service itself is costing us about $246,000 a quarter. It's certainly one that we want to make sure we're comfortable moving forward either maintaining or go ahead and pay it off. Okay. Absolutely. Everyone will recall that the pay off was a condition of the inclusion.

The inclusion agreement again, it being terminated. It's, it’s up to us. So let's make that happen by next month please. And then I notice the receivables. What, there seems to be some unbalance in the receivables especially around. I think it's even the renewable water fee where there's significantly more past due on that particular line item than there is even on the, on the water and wastewater side.

Nonetheless would you please take one more look at that? And I know that Jim and Council addressed that with some of our friends in Castle Valley where there was a very large receivable. I want to make sure that we don't end up having any write offs in that regard if we can help it. So a quick overview of that and, and a heads up on we're okay would be, would would be I'd be grateful for.

Amanda:

Yeah absolutely. I think I can get some relative information from the person who rents buildings and get that and then work with Kim on a few collection items and issues. I'm sure we both think the same thing. Relative to how to address those but I'm confident that we can collect. It's just a matter of how big of a hammer we use, so.

David:

Well and, and I was just wondering if because we were eliminating the renewable fee if they weren't just maybe accelerating that in their behalf. I don't know what it was but it really stood out to me, so. Absolutely. Thank you for that.

Amanda:

Yeah. I'll take a peek at that and see. And then really also, also with Wells Fargo on the COPs we have a 30 day call provision that I think I can tentatively call it. So that if the board so chooses to pay off the debt we have the ability to do that immediately rather than wait an additional 30 days because I can always rescind that if necessary. But that would then save us additional interest. Based on whatever decision is made at the next board meeting. But it doesn't hold our feet to the fire for anything.

David:

Let's go ahead and make that call. On or about the end of this month. Yep. So it extends all the way to the end of April. So if this board decides to go ahead and exercise that it'll be a, at the end of April. That's perfect. For reporting purposes, okay.

Amanda:

That sounds fantastic.

David:

And at the board meeting in April we can share with you what we'll do after you get that. Give us that analysis, what our feelings are in that regard, okay.

Amanda:

Yeah I think that sounds perfect.

David:

You want to go ahead, then with item C?

Chris:

I have a question.

David:

Oh hang on.

Chris:

So in that same vein you know last, last month we had the conversation around whether we should go ahead with the, the lawsuit. And I know we're going to talk a little bit about this from Kim's perspective too. But I would like to know or get your, your take on whether we should go ahead with the sale with the intent of using those funds to pay off the COP two. So I, I think we mentioned that last month. And if you can include that in whatever we're doing on the evaluation that would be appreciated. Absolutely.

David:

Just I think the cash flow that we had given to Parker to show it, to show it as we gave it to Parker that failed Thursday evening and then show it without the, the proceeds and, and would help when we're ready or when. Absolutely. Okay.

Amanda:

Yep. I think that's perfect. I'd be happy to put that together. Okay, so along those lines then working on that just so the board knows. Also working through the audit. So the final audit field work will take place. In two weeks. So I've been working with Andy, Reuben Brown and the team there which I must say they're just fantastic to work with. So it's been a real pleasure just getting all the final documents teed up and ready for their review.

So that we can have that final audit draft as soon as possible for the board to review and approval. It typically takes some time to walk through preparation of that audit and final draft. But you should see that draft this summer for final approval and delivery to the state by the July 31st deadline. Beyond that really just working through items relative to the budget and then trying to do some analytics on some of the trends we're seeing.

So one thing I've noticed that's highlighted in the memos is that we continue to see higher usage than normal. So that should result in additional water revenues. But just trying to watch that to make sure it makes sense. And that, things are where they should be. As I'm sure you're all keenly aware, it's been a relatively dry winter which could lead to increased usage as we turn on water in the spring depending on how dry it continues to be.

So we'll just keep watching those trends and seeing, really looking over the past ten years we've not seen usage this high. However we also have increased users so it does make sense that we've got some increases relative to that. Now the next question becomes are some of those trends above and beyond users in, in due to other factors.

So just continuing to monitor that to see where things stand. The district also collected a pretty large amount of property taxes in the month of February. So at this point we are about 40% collected which is right on par with where we traditionally are. I anticipate that in March and April we'll see a significant amount of property tax revenue come in.

That's pretty standard that we see that with that first tranche of taxes that are due. And then I would anticipate the additional revenues for property taxes getting really no later than mid-summer when the final property tax payment is due. We also continue to see increased specific ownership taxes. To date we've collected $45,000. It's just over what I would have expected us to calculate or I'm sorry to collect by this point in the year.

So, so far I know it's early in the year but the trends I'm seeing are really positive so I hope we continue to see those. As I'm sure you're all very aware the economy is not what it was a year ago, so SO may decrease. You know, when you're looking at increased fuel prices and that sort of thing it is possible that people aren't going to be going out and purchasing new vehicles or at least purchasing vehicles with perhaps that high value and as does prices and that sort of thing increase and the demand goes down.

We could see a reduction in the specific ownership taxes relative to that. We'll continue to monitor those trends and see where we stand. But as of now things are looking pretty good for the district which is fantastic. If there are no questions on anything I can go ahead and make a motion to approve. If there are questions I would be more than happy to answer them.

All right. Hearing none, I will go ahead and make the motion. Let me get to that paper. I apologize I have many files up here so let me get you that portion of the agenda.

There we go. All right. We are requesting consideration of approval of the finance report. Payables and claims for payment including check numbers 26745-26809 from February 19th through March 11th 2022. Amounts for the General Fund and Debt Service approval are $47,426.38 and ratification of $23,110.49. Enterprise fund amounts to approve of $298,850.56 and ratify $1115586.09 with electronic payments to ratify of $128,999.54 for total expenditures for approval and ratification of $1,613,973.06.

Chris:

I will make the said motion. I’ll second.

David:

We have a motion on the floor and a second to approve the financial report. Payables and the claims for payment. As made in the motion. Is there any further discussion? Hearing none. Hearing none. Call for a vote when asked. Please share your pleasure of yea or nay.

Board Voting All Speak:

Director Lewis. Yea. Director Merritt. Yea. Director Crew. Yea. Director McEntire is a yea. The item passes unanimously.

David:

Amanda, thank you so much. Thank you. Your report was appreciated. And we look forward to that dead analysis, subsequent cash flow Q&A and the receivables information that you find out. Thank you.

Amanda:

Absolutely, thank you.

David:

I'm going to close item number 12. Open up item number 13 where legal counsel is on the hook. Kim, are you with us?

Legal Counsel Kim Seter, Esq.:

I am and I’ll have to talk fast because I may lose my voice before I'm done. But Item A, the May 3rd election is moving forward. And Director McEntire and Director Merritt are not running accordingly. Jason blank Blankaert, David Scott Brennan and Tera Radloff are the three candidates competing for the two open positions. Very good. Second item.

David:

Yep. Go ahead.

Kim:

The second item shown on the agenda concerns that letter which had been changed that was sent to me by Parker Water and Sanitation District and then was distributed via Twitter. I have reached out to Parker's attorney. The main reason is to find out whether there was a draft at some point that may have contained that language. And I have not gotten anything back from him yet.

So that's about as far as I've gotten. And we'll just, we'll pursue it further. But I want to make sure that there wasn't a draft in Parker Water that got out by accident. I've also asked for a list of individuals to whom that letter was sent.

David:

Very good. The three candidates we have the pleasure of having in the audience this evening. It's too bad you don't. You're not here and you can't. We can't introduce you to them. Maybe next month. Hope you feel better. As it relates to the source of the letter, appreciate you following up on that. We, as a board are, seems like not to, not to join the conversation we had with the commissioners.

But give me the opportunity. I will be plagued with misinformation. And it's detrimental to the residents as is. We talked about this morning in our meeting and we've talked about exhaustively amongst ourselves and, and you know and none of those did we talk about the fear that, that maybe we did a little bit this morning the fear that takes place when there's misinformation disseminated and especially to the caliber that it was I remember when we had the boil order and, and the pregnant mamas that were furious about the possibilities of it affecting their children and of course the kids and their pets.

It disgusted me to say the least, that people would, who especially, are in a position of stewardship having those responsibilities taken the oath et cetera, would be a party to that. We need to find out the source. I'm, I'm, I'm, I'm going to suggest that, that all roads are going to lead to one source.

Whether it be the issues we talked about with the county commissioners and the misinformation that was conveyed to them during that meeting and or this situation. If anybody's interested in taking a look at the, at the information that was disseminated and openly and willfully. I have a copy of it here. But Kim, thank you for the report.

And, and please remain vigilant in finding out who it is that is so disingenuously representing themselves as, as being a protector for a voice of the people because they're just not anyone else?

Chris:

So quick question Kim. So just we're still on track for feedback on the lawsuit on the 2017 and 28 of June. Is that's around there?

Kim:

Yes. Yeah. And so we, we aren't getting any agreement from the parties to terminate the purchase contract. Next Monday the 28th we have a mediation. I sent out the mediation statement today.

No, I'll have a copy of that in the next meeting packet. That mediation of course. We have nothing to offer in that. That meeting the two cities may work something out. I don't know, but we have to go through that. The reason we can't simply dismiss the lawsuit or even just terminate the contract is because it's not our lawsuit.

It was brought by Brighton. So we need Brighton to do that and they're not willing to. And Aurora doesn't wish to do so either. So we'll, you know, we'll get it resolved. And then we had after, after the bids were opened we scheduled the closing to take place. At the time we closed with Parker Water and San. So you know we may go through this litigation and then we can make a decision whether to close or not at any time.

David:

Again the decision, the sole decision to sell those assets remain with this board. Is that true?

Kim:

If as our contract went together if we would close, if and when we close with Parker Water then it will be within our choice.Because after we amended the purchase and sale the bids we said closing to take place simultaneously with the Parker water and San. inclusion.

David:

So we're saying, we're to believe that the Parker termination is exclusive of the water rights contract. Yes. How can that be exclusive with a condition of a inclusion where there's a termination?

Kim:

Maybe we're not talking about the same thing here. Okay.

So when we extended the water contract. The water purchase contract I remember we extended to say closing to occur at the time we included to Parker Water. Right. So if in fact we included the Parker Water then that entire purchase contract is good. It's complete and we close on. We would have to close on the water but we, it's all conditional.

David:

but we have we, we have city managers telling commissioners et cetera, that and that when Parker terminated. That constituted a requirement for any inclusion effort or, or effort on another party's part Parker or otherwise. To not only call for another ballot measure and a vote of our residents but, but would also require a new inclusion agreement.

In other words what was conveyed to the commissioners is that the deal is dead. If the deal is dead. We're not, we didn't bring the lawsuit. Brighton, and, and, and Aurora are going to talk about the possibilities but only the possibilities right of a Parker inclusion. There's no obligation, on this board's part, to include and to sell those water rights. Correct. Okay, very good. Go ahead Chris go ahead.

Chris:

Second clarification, there's no, no obligation for us to go ahead with the sale. But if we so choose we can go ahead with the sale. Correct? Yeah. I want to make sure that's clear.

Kim:

And, and Chris, if we, if we try to terminate the deal now I'm sure we will. We'll hear, get some action from somebody.

David:

No, we’ll, we'll as I mentioned earlier to my colleagues and I, I, I wouldn't if I didn't believe the same. That it's, it’s basically approaching the day that we ask you to pen that letter acknowledging the invitation from Parker to return to the table. So with that in mind the only other issue that you've been working on.

And thank you for meeting with us on the eighth. I believe it was, or the 13th, the special meeting that we held, 14th. How many? Five, three. Eight. I said eight didn’t I? It was one of them.

Kim:

A couple days ago.

David:

Anyway on the eighth. Thank you for that. I've received your red lines. Boards. Received your red lines. Job well done. You know, the one thing that jumped out at me talking about this and I may have made note which was. That you forgot the, the termination provision that we wanted to introduce in that IGA.

Kim:

I will go back and check that.

Kim:

If you could. Otherwise What a nice job of, of addressing and, and picking up on, on everything that we spilled in that meeting. Again everyone I would ask that you take another look at that red line. Give any comments, questions back to Kim and Jim you as well. We know the city has asked for some additional time. But hopefully they'll be in a position to take it up in the month of April according to our last report. Right Jim?

Kim:

Yes what, I want to ask you this question though. When I reached out to Michael I said we'd like to have a presentation for lack of a better term on really how are you going to do this?

Basically because you don't have that right now. And so he told me he couldn't make it tonight. He had some other commitments going on in the city he committed that he would make it here. April. And so my question to you and we've not sent out the red line to the city yet. That we want to wait for that presentation before we send a red line to the city.

David:

Unless council believes I mean it's pretty mechanical in nature and I don't know that it would affect the presentation to you.

Jim:

I don't think it will. I just wanted to make sure I didn't jump out ahead of my skills.

David:

No, great question. I'd rather have this forward. And you finish your review and get back to, to Kim but also as soon as it's convenient given your connectivity to Michael, find out and tie down what day they're going to present but we'll be ready when they're ready.

Jim:

Okay. I just wanted to make sure that you weren't expecting once. This is looked at tonight and we get comments back to Kim that we send it right over to the city. I just want to make sure I have clear direction on that. Do we wait for the April 19th presentation?

David:

I think we wait for the presentation. Okay. And upon garnering the comfort that we're all pursuing. Deliver the, the IGA then that evening or the next day.

Jim:

And I think that's absolutely the right way to do. Because there may be something. That said, in that presentation that night or questions and answers that come up and go away that's going to change my thank you both.

So I just wanted to let everybody know that we have not sent the red line to the city so they don't know what we've had discussions on. And so based on this discussion we'll hold off to send that outside of our, our comments on it back to Kim until after the April 19th meeting. Is that fair? Okay. Thank you.

Chris:

I do have a comment. So, so Kim and I, I'll get you specific but I was, I think it's on the section four, the transfer. I had comments there on the enterprise phone not on our site but on, on the city side. But I'll get that back to you. Okay. And I just wanted. Is it Chris from the city?

Yes. Eubanks. Yeah. Oh I'm sorry I see Deborah. I just want, so that you guys know we have looked at it and we are proceeding with doing as you're hearing here the red lines and so forth. So it is something that's just going through the process. And we just wanted to make sure that you took that back to Mike. And I know Jim Will but yeah that's what we wanted to come.

David:

Is anything else for Kim Kim? Anything else for us?

Kim:

Just one thing Mr. Chairman. The last board meeting you had raised an issue about the Coyote Ridge Park easement concern?

David:

Yes. Thank you.

Kim:

I did investigate that and figured out what the problem is. It's a long historical issue and I'm sure you don't want to hear about. But in short there is a strip of land that has become a no man's land. It probably was gifted to Excel but they never took it. They don't want it. And they disclaim any ownership of it. That would mean we'd have to go back and find the original owner from 30 years ago and acquire it either by condemnation or some other way.

What I've done is put together a letter. It hasn't gone out yet, as well as what's called a quitclaim deed to send Excel. Asking them to sign this deed which basically says we don't think we own it but if we own it it's yours. If they do that it'll solve the problem. If they're unwilling to do that then we'll probably have to do a quiet title action or a condemnation of that one strip.

David:

Kim, the, the one side of that no man's land is owned by Excel. Correct. The, the other side is owned by CPNMD. Right. There's no third party. The line is, the line is askew. Well yeah there is no through line in that no man's land that delineates what we're looking for as the use of what we perceive to be our property.

And, and our trying to record is, is Excel’s claim which they don't want but. Right. There is a process. I don't want you to do any more work but how lucky could a guy get, right? That we find ourselves in, in that situation? The width of this and the length of this, have you, have you deduced by your imagination.

How in the world this could have or did occur. And is that going to be fruitful in the resolution or. I, I did read your last response in the process and I agree with that. Got my fingers crossed my friend. But how the heck did that happen?

Kim:

It, it was really a matter of two subdivisions being created that don't quite touch each other. So one of them thought it had dedicated a piece of property to Excel, maybe. But Excel never took it. And what ended up happening is the lines of the subdivisions were drawn with this, what's called a hiatus in between. So if you think about that this subdivision was owned by somebody, this one was owned by somebody. And now that hiatus maybe is still owned by somebody way back before those two subdivisions were created.

Describer:

David says something quietly and it is briefly inaudible.

Kim:

So that's why ideally, if Excel will just accept the dedication and then give it to us. It cleans everything up because they don't want it anyway.

David:

Does the length of that extend well beyond our pickleball pavilion? So this goes. A long ways. There's a lot of ramifications within the city within the district within the county. This could be mum's word okay. Yes. Let's see if we can actually.

Kim:

I actually attempted to calculate the square footage. So it's skinny but it's long. Yeah. Yeah I didn't do it but I was tempted to calculate the square footage and try to figure out how many acres of land we're really talking about.

David:

Well if we come up with the science for this pavilion maybe we can share it with our friends down the road. They're going to run into it if they do something alike up against either one of those boundaries. Good luck with that. I think that this board's going to have to make some calculated decisions on the pickleball improvements. If we don't hear something within the next 30 days.

Kim:

And I think we'll know because if for Excel to give us a quitclaim deed is really simple and very quick and it it's basically saying what I said that we don't think we own it but if we do you can have it but you can't sue us because we're telling you we don't think we don't. If they just sign that it's all good. But Excel is a big corporation and they may not be willing to do that.

David:

Right, you don't need anything from a gym or us. You have everything you need. And we're, we're impatiently standing by. Thank you for your report Chris, anything else? No. Denise, anything, Robert, Jim anything? Kim, thank you for your time this evening. I hope you feel better.

Jim:

I take that back Mr. President if I could. I do have something I want to add. Sure. I want to piggyback on item B.

David:

Yes sir, go ahead.

Jim:

Was this letter. One of the very irritating things that has happened with this Parker thing is the mass amount of false information, rumors. You've alluded to it a couple of times in that meeting with the commissioners. There were some comments made by the city that they, they know there are two wells that have to be re-drilled. That was said twice in that meeting.

David:

By two of them.

Jim:

By two of them. That’s right. None of the wells have to be re-drilled. So you get that misinformation out there. And so I'm going to go back to Kim's comment about this letter. This is the letter that we got. I got Thursday night February 10th that was emailed to Kim. Which was put out on a Twitter I think is what he said. Some kind of communication that had added two words to this letter. Those two words were radioactive material, three words. What was the third one? Radioactive is bad enough. Yeah.

So, and I'm going to put it on the spot. We received the information to a resident that said it came from Councilwoman Mulvey. I had the opportunity to sit with, with her Saturday at a meeting we were at.

David:

We have the same.

Jim:

Yeah, there it is right there. Yes. And so what, what she and I talked about and she, she could have the ability to, to rebut this if she wants to.

But what she and I talked about I said Deborah, I got the letter in my office. Never says anything about radioactive material. That's a very damaging comment to make to an organization like us. To her credit she says tell me, tell me what's in the letter. I and, I told her that it was not in the letter.

Those words and maybe the third were not in the letter. She looked through her phone. She, and Deborah I'm telling the truth here, Deborah said Jim, the letter that I was sent. Of which I asked her for a copy of. She, she chose, who sent it, she said no I don't want to tell you that. Which was fine.

She said it's an unsigned letter which to me says it's a draft like Kim referred to. So it's still important to find out how that got out there. Because that is so damaging to this organization and this community. And what I would implore people to do instead of saying well I read it on Nextdoor. Or my neighbor told me this, it's right.

As I told the, the I think there were six gentlemen in our meeting and there's 4 or 5 of you here today. This morning at the end of that meeting I said if you hear stuff. Or someone says something to you. Oh I heard this or that and nobody knows the answer. Pick up the phone and call. Call me and say Jim this, is what I heard or this, is what I read.

Is this true? And you certainly call a board member. I'm not saying don't do that. But the misinformation that gets out especially in something as emotional as this whole thing it's been. And last month we talked about how we were disillusioned as to how its happened. We are, we're still disillusioned but it makes it more difficult for us to get back on that path again.

The right path to this community is misinformation. So I would implore anybody that hears or says something, that this has happened or not happened. Or whatever is going on somebody better come to the horse's mouth. Or the board and say this, is what I heard before. It gets disseminated out incorrectly. That's my editorial. Deborah, did you want to say something in a few minutes to defend yourself at the public?

David:

So what you're saying is that you agreed with the comments I shared with the commissioners that. It was bad enough we weren't at the table albeit we were mentioned 14 times by city officials, named. And, and the misinformation was, was prevalent, documented. Is it there like for a guy that's never been in public office before? Isn't there like ethics and morals that keep housewives and moms and dads and from, from just losing their.

Dinner over this kind of fear mongering? I mean what, what, what's the protocol of a public official, Jim?

Jim:

I think the protocol should be that someone needs to verify something before they send it out as a, is kind of what I'm going at. Or before you make a comment in a meeting. And those meetings with the commissioners for example are public meetings.

Well, and we got the video of it. So that's why I said the public is to be confident that you have verified fact, facts on what you were saying in these meetings. Or don't say anything to be honest with you so that it's some frustration that I have related to some of the communication. Because this board and this staff. And all the consultants have worked their tails off for this community to do what the right thing is. And the right thing is to try to work with another organization that can provide economies of scale. And make it better for this community of which we think we had that.

So we'll get down to that at some point. But it's just important not to just mouth off and say things. Or forward something out without verifying. Especially if it, it has information in there that is not good for anybody.

David:

I, I for one, don't believe we need to amend the agenda, the agenda for Deborah to comment. If she wants to comment she can in the final period. Moreover, I think that council has shared with us what we're looking for and specifically the source of that information. I can't imagine there's anything that Deborah would say that would be anything more or less than what's been asked. Where did, if it didn't come from you, and we're not asking why you disseminated something that was in draft form or why, what your purpose was in disseminating it?

You know, I can go on and on and on but where did you get it? We want to know where the misinformation came to be in your hands. And, and because we're going to continue to pursue it. As I shared with you in just a comment. I think that there's going to be some common denominators about some of this stuff and, and, but that being said thank you. Anything else, Jim?

Jim:

I do have something else that we want to go, like my report. Sorry about that. I just had to get off on that.

David:

I haven't opened up your report. Oh okay. Hell of an opening, go ahead.

Jim:

That wasn't I. Yeah that's right I was taking off. I piggybacking off. Okay so you can shut him down and then I'll. I'll take over.

David:

Goodbye Kim, again.

Jim:

Goodbye Kim, thanks. I'm glad you're not sitting here next to me coughing. Appreciate that. Yeah. The first item that I have on here is the county raised part visual scope cost and build out timelines for phase one, two and three. We have, we've engaged with Design Concepts and we have the principal with the, Design Concepts on our Zoom call here. Carol Henry, are you there, Carol?

Describer:

Carol is joining the meeting via Zoom.

Carol Henry, Design Concepts, Colorado Landscape Architecture:

I am, thank you.

Jim:

Perfect. And thank you for your patience. I appreciate this. And so I'm going to kind of turn it over to her. There's some pretties over there just in front of Chris that she's going to be talking about here a little bit. And so they're not real easy to say but you sure are welcome to take a look at them. Maybe after the meeting. So with that Carol are you okay to start talking?

Carol:

I am, yes. Thank you. Like I said, we've been working on the design and construction documents for phase one of Coyote Ridge Park which include the pickleball courts as well as updating the master plan for phase two and phase three improvements. Would you like me to share my screen? Is that okay? Or.

David:

We've got a we, we have an easel with those graphics on it for the audience here but if you could. Okay. On screen for those on Zoom, right. We have the other.

Carol:

Okay so it is all right if I share my screen. Yes. Yes ma'am. Okay. Thank you.

Describer:

At the front of the room in front of the board members desk is a poster that says “Improvements for Coyote Ridge Park - Enlargement - Phase 1,2 & 3”. Above that is an aerial image of Coyote Ridge Park showing the labeled phases. Carol also is sharing this same image on the screen in the Zoom meeting.

Carol:

Bless you. Thank you. So this first sheet is that overall plan for Coyote Ridge Park which shows the main entry drive the pavilions and playgrounds multi-use fields that exist in the ball field on the south end are improvements for phase one. Are the pickleball courts which are located on the, on the upper level which currently there is a skate park there.

We're replacing that with pickleball courts. And then for phase two we have tennis courts and then phase three we have some entry improvements. And I will go to the next. Nope. The next page, which is, has a little better view of the whole thing. So for, for phase there's one which is what we have construction documents ready for now.

We have five pickleball courts and each pickleball courts. Either has a, a set of benches or a shade shelter with picnic tables at the south end of the court. So we've tried to create a nice gathering area for anyone who's using the courts. We have improved the parking lot. This phase, it has asphalt milling.

We've added dedicated accessible parking and then a ten foot walk along the, the parking lot and along the pickleball courts. So they will now be quite accessible. We have added landscaping of deciduous trees on the south side and evergreen trees on the north side. And then with the improvements we've had to do a number of drainage improvements to get our project.

Approved through the Public works desk process in permitting. And we have just received our fourth review and have them. The directive that once the contractors are on board we can get the final permit. But we have almost the final approval from, from desk and we have just received our first comments on the process.

And we will meet with both the district and talk with the city about those comments. But for the, for the most part that is administrative barring some questions about the lighting on the, on the courts. And the, the section of land that we, that Kim and David were talking about is this thin strip of land that runs to the west side of the court. That is adjacent to the Excel, Excel land, and adjacent to the Metro District property.

And I'm really pleased that Kim is able to, to work on this because it, I, we've never encountered it before. For phase two we are showing tennis courts. It's an accessible block from the east west regional trail and the parking lot down to the court. We are showing a shade shelter with a couple of tables for seating in that area as well.

We are showing a, a small restroom. Between the parking lot and the, the tennis courts. As well as some deciduous and evergreen trees around the perimeter of the, of the courts. And then we also have included paved parking now for the, for the existing lot. And as well as repaving the, the drive down to the main entry road.

And the phase three improvements Are currently there's a cul de sac along Serena Drive that is, is not very functional or favorable to the park. And so we will be removing the cul de sac and just extending the drive. And its current width down to the road adding landscaping and a, some entry signage to really give a nicer face to the park and keep, maybe unauthorized activity out.

For the area that is a little bit harder to observe.

So, that is, design wise, that is where we're at. We are ready to bid the documents. Pending the final discussion with the metro district in the city this week. So we're, we are ready for that to go out and on the street to bid. We anticipate a four month construction period. The courts do take a couple of months to construct and then they need to sit for a month before they surface.

So well we'll have about a three, three week third period and then whatever procurement contract that needs to be done. And then construction itself should be about a four month period.

What, are there any questions about that part of it?

Denise:

Yeah, I just have a quick question. When you say the bids go out this week what's the turnaround time?

Carol:

They're, they're ready to go out. We like, I said there should be about a three week period to make sure we get, give contractors enough time to, to bid the project.

Denise:

Okay so once that it's out and it's bid that's a pretty quick process from that point as to deciding who you'll work with, correct?

Carol:

It should be, I would, I would have the metro district talk about any purchasing or approval timeline between the successful bid and contract. Okay. That is usually a couple of weeks at least. Okay. Thank you.

Jim:

Do you have an estimated cost for this phase one? yes. Phase one. We are estimating it $825,800. We are holding a 15% contingency in that number. Just because this has been a tough bidding period with shortages of labor and materials.

But, feel pretty good about that number.

David:

The bid documents are going out this week?

Carol:

We are so we're reviewing with you all one last time. They're, they're ready to go. We just received location and extensive comments from the city on Friday. And so we wanted to have one, one review and discussion with the city. We feel like we, we can put them out to bid before we get the final location and extend approval. But yes they're, they're, they're ready to go. Barring this the final review.

David:

Okay, very good. And I know that you're being at least this afternoon covering that meeting Jim responded I'll respond likewise so that we can get them out this week. These phase two and phase three are proposed conceptual’s but the proposed conceptual’s are to follow. Sequentially that of phase one and phase two. Trying to pick up on the economies and efficiencies of not only the design staff but also the contractors as well.

The proposed budget for phase two is $1,000,250.00 and phase three is just under $250,000. So in whole Coyote Ridge is looking to receive TLC of about $2.25 million will culminate in there being five additional pickleball courts to for the first time in, in, in our area tennis courts, a couple tennis courts and the appropriate entry way which will include facet of, of security measures and devices to address some of the security issues that we've dealt with over the years.

So with that I don't have any additional questions. Time is absent. I'm, I'm, you heard the conversation with Kim and him. Prognosticating that we would have some sense of resolve on this easement.

Within the next 30 days. We can certainly use that time for the bidding and gathering of all of our documents and contractors et cetera. If we have to make an amendment to the plan. I think this board is, is prepared to do that in the spirit of moving forward and, and maybe picking up that amendment or delay in, in a portion of this or reconstruction, reevaluation of that area in phase two. But again time is of essence and we really appreciate your help. And your presentation tonight. Anyone else?

Chris:

I got a question. So, looks good. I, I get the whole phase one and so forth. But I thought we were also going to include since we were going to be taken away to the skateboard park we're going to include that closer to the tennis court to the, the baseball diamond right where it's closer to areas where folks can see so they don't destroy it.

So if we have this you know the first page where it kind of lays out phases one two and three should we not include thoughts on what we're doing with that in phase four or whatever?

David:

Carol, you want me to handle that or you?

Carol:

I'll start and you can tag on.

David:

Sure. Go ahead.

Carol:

We, yes we had originally planned to have the skate park near the basketball court and then since discovered that, that area was a the drainage easement.

And so they could not be put there. Further discussion. We would really like to have more input from, from both you and the community on where those courts go because I know they can be a little more emotional. For the community and where they go. But I absolutely agree that they should be really visible, certainly more visible than they are now. And we will be intending to have a process to, to, to find the best spot. But we do want to have a little more discussion before we get those located.

Chris:

And, and that's great. And I think that's good but I think we need to make sure that you know we are taken care of. So I've lived here a long time. We've, we've voted down every rec center that we have here. Right in the community is a community that has younger people and older people. And we want to make sure that we're taking care of all our constituents.

So I think we need to just have those conversations. If there's stuff we need feedback let's have those put it out to the community. But I thought we definitely wanted to be visible because we've had multiple issues with graffiti and all the fines that we've had to do and so forth. But further up. And that's why we said I don't think we mentioned it by the basketball courts but further up to where the baseball courts are where anybody passing on a street will see what's going on.

And they don't have the opportunity to do any type of damage. So just make sure we're following up that's all. And I even if it's something on the plan that says phase four you know we're looking into the, the skate park or whatever. Thank you. Okay. Thank you.

David:

The easement issue. That we've gone through with Parker and we've addressed in our draft IGA came into play here. And, and where there were some improvements that had been made and the appropriate easements were not in place if we were to ever convey them.

And, and so and, and in that particular situation upon conveying the appropriate and required infrastructure there would be enough room at that location for.

Chris:

The baseball diamond.

David:

No, for the skate park.

Chris:

Yeah, so the diamond around where the baseball diamond is.

David:

I don't know exactly where but that's where we're at in the process. Haven't left it behind moving forward in that design considering. So, but not, not forgotten, okay.

Robert:

If I could just add there's not enough pickleball courts around but there's underutilized skate parks around. I'm speaking on behalf of my daughter when she frequents a different skate park because the one that was up there was always under duress it seemed. And there's underutilized ones that they love and are definitely more substantial than the ones that we were even thinking about.There.

David:

Carol, thank you for the presentation. Thank you for the artwork. It's very informative. And we will use it accordingly. Let's hope that over the course of the next three weeks the numbers come in as we expect and the start dates are equally as, as pleasing. We'll see you later on this week. We know the ball's in our court. Anybody else Jim, David? All right. Thank you again. Thank you.

Jim:

Mr. President. The last item B, that is under under for me. There's really not an update on that. That's for those who aren't familiar with it. That's for the right-of-way, related. Up, up Monarch really kind of going out of this out of the city basically. And how we need to do some improvements.

We sent a letter to the city we talked about this last month. There has to be some utilities relocated to be able to get moving forward on. So Larry and I, Larry Nimmo and I are staying in contact on when he's going to get that done and when the contractors will get it done. And then I'll have more to report once we get there.

But until that's moved we can't really do any work in there at this point. That's all I have Mr. President.

David:

Thank you. Jim. We'll close item 14. Move to Director's Matters. Mr. President.

Describer:

The sound is briefly cut out and completely inaudible.

Chris:

Jim, one, one question. So I think last, last month or the month before we were talking about the culvert item at Aspen. Esperanza. Esperanza. Esperanza. Esperanza Yes. Yeah. Where do we stand on that in terms of progressing on repair and putting it on the plan? What's going on with Dan?

Jim:

Craig and I met with a gentleman with Lillard & Clark by the name of Paul Wagner. Paul's the president of Lillard & Clark. They've done a lot of work out here over the years. And so we, Craig and I, sat in Craig's office last week. I think it was to be honest with you, and, and showed him the issue of where this drainage is and the issue related to the cavity underneath it underneath these rocks where kids were going.

And so we said Paul, please give us a proposal on what it would take to make this area safe again, to be honest with you. And it's one of the items that would be, assumed when you include storm drainage to the city. That's something that we want to work with the city on. So we're, right now getting, they came out last Friday and looked at the spot.

Made some very good suggestions. I'm hoping within the next couple of weeks I'll get a, a cost proposal on what we would need to do to remediate that situation. Does that answer your question Chris? It does.

Describer:

The sound is briefly inaudible.

Jim:

You bet.

Chris:

Get my mic on. I'll write. Please write out the report for the next time.

Jim:

I will thank you.

David:

Okay, and close item 14 moved to Director's Matters 15 working draft IGA. I think I mentioned it during the conversation with council. That and Jim also gave us an update from his perspective in communication with the city. Will be pursuing a presentation by the city inside of this month. In the meantime the red lines are available from our special meeting and get any comments, questions or concerns back to Kim for inclusion.

And another look-see on her about the time we get the presentation. Okay. Monday morning meetings with Jim and myself. Of course any director is, is invited as long as there's not more than two of us. And this morning there wasn't. We didn't have room and not enough bunt cakes. But it was, it was, it was a very enjoyable time with the neighbors and appreciate all of their time, their participation, their questions and comments, their concerns. Doing some follow up.

But every Monday over the course of the near term. We want to make sure that there wasn't any more misinformation out there. As much as there's good information about the CPNMD PWSD inclusion facts or fiction item. So if there's no other director's matters.

Chris:

Sorry I got them all.

David:

Sure, go ahead.

Chris:

Just, I have two items that I want to ask about. One is the application for what we just talked about from the commissioner. Yep. Did we put something together on that, and? Jim has.

Jim:

We will, yes. Yeah along with Amanda and I will come up with something as quick as we can and get so we can get our request in front of them.

Chris:

What kind of, what kind of, we. I don't think he said we. I don't think he said we have a deadline, right. So we're tracking to, to send that back when the end of this week sometime?

Jim:

If not sooner. Okay. Yeah as quick as we can because we. Well I think all of us.

David:

Have you reviewed the.

Jim:

No, no I haven't, we haven't reviewed anything yet. Okay.

Yeah. So although I, we've heard at least I've heard there's ARPA funds there's ARPA funds and I heard they're you know stuff going on down there. But until this really was addressed a couple of weeks ago in that meeting that we've referred to often tonight it was not discussed at all. Well except for early on with, with Parker and it was kind of poopoo. So we're going to get that done. Nothing, nothing wrong with applying.

Chris:

No, I get it. And then just what. We should. And the board is seeing that email sometime this week. That's, so my second item. Thank you. Would be just the status on the other, the other water districts that we have approached and where we stand with those. So I know we, we started out we approached Aurora and they've, they're going through their process but some of the other water districts that we have approached and where do we stand on that?

David:

Well I'm not at liberty to share names. We have been approached. We did not approach. We've been approached by a neighboring district. That is interested in engaging in the conversation of inclusion. And while they are putting their vision together to share with us. Ball is in their court. You know, what we're doing in the meantime.

And as you articulated Aurora has reported back to us that, that they're moving through the process with staff to consider their appetite for in, inclusion with us. That, that's, that's as much as I'm at liberty to, to share. Okay Jim. Anything else? No sir. Okay. All right I'm going to close item 15.

Open it up for a second public comment period. Well we don't have anybody signed up to have open comment. We have a lady in the back who's waving her hand. Come on up, city Councilwoman Mulvey welcome.

Describer:

Deborah is at the podium. When she is done she will sit down.

Deborah Mulvey, City Council member for District 1:

I wouldn't exactly call it waving but that's all right. Thank you Jim for mentioning that I did come over to see you and talk to you about this issue. You know, I'm going to ask for some time as a private resident and as a public servant. Because the lines are a little blurred here. And I've been asked to mention two, two things.

So first as the private resident I did receive a letter about something I may have posted in it referred to an image and it was called a text and it referred to emojis. And well in your last meeting you mentioned or Mr. Cedar mentioned that there was pushback on that request. I found it rather odd that it was referred to that way. Because my response asked for a copy of that which I was asked to identify. Because I didn't know what I was being asked about.

That was kind of odd. I never got it. And when we talk about transparency and honesty and clarity and ethics I still haven't seen what I'm being asked about. And it's in a closed envelope. Thank you. In a moment I'll finish when I'm finished please. Thank you. My point is that on this subject of transparency and honesty is that it goes two ways.

There's been a lot of insinuation and that matters to the public. And what I spoke to Mister Worley about was that I personally received a letter. Which I was told and I'll paraphrase because others received it too. This is a public document. It can be shared. And I believed it. And I had no reason to doubt that. And the source was credible. And I had no reason to disbelieve it.

And when I pulled it up on my laptop it had a signature. So I had no reason to be concerned about it. And when I was on nextdoor.com as I've often been. And I saw things that were posted including things like a misquoted letter and memo from the city. And I see that there's a lot of concern about that.

And I have information to correct it. I'll do that. And so what I did was I answered a question and that question was why, what was the complaint about? What was wrong with the water and that, how that related to why this inclusion went bad? Well the letter was given to me under the description of this, this and this explain the background of what led to termination.

And I chose not to supply all of that because it would have been inflammatory. And I chose not to supply a lot of other things. But the question that was causing so much consternation and so much inflammatory commentary was what were these items? And so what I did so the public can all hear it. Is I took the letter that I was told from a credible source was public. And available to share and I made a photograph off of the one statement from that.

And I did the same thing with another of those three documents to answer another question in the same thread. And as I mentioned weeks later I got a letter from Mr. Cedar sent to my employer to address my employer email address. Which I don't give out which was odd because every other communication with this entity. I've used either my personal email or my city email or my home email. None of those was used.

And then it was asked me to identify something which didn't match the description of anything I posted but I asked for a copy of that first. I called Mr. Cedar and I said to his voicemail and his staff that this seems rather important. Because the tone of the letter contained a veiled threat. And I waited and I said I would wait because it does seem important.

And then when I received no response I responded and asked for a copy of that which I was asked to identify. Now I didn't do anything with this to inflame anything. I didn't make a big deal of it. I didn't cause a big deal about it. I dealt with it on my own personally and I asked, also in that letter, to please contact me at my personal address. Because I acted on my own in my personal capacity as a resident.

And so I then received a message from Mr. Cedar that he would call me back. Well it didn't and I got no response to my letter. And then after that I waited a few more days and I got nothing. So I emailed again and said I've gotten no response. If there's nothing further in 24 hours I'll assume this matter's closed.

And so I still hadn't seen that item in the closed envelope or whatever he was referring to and that's fine. But when it comes to transparency on what's posted online and the reason I mentioned something to the mayor a moment ago is. Because a very similar thing happened where something was received which was something was received by an individual and it wasn't checked and the source wasn't checked and a portion of it was put out in the public. And portions of it were quoted and portions of it were highlighted.

And as the case may be I actually knew some of the folks that put it out there personally quite well. And it was false. Falsely quoted, quoted experts left out keywords. Sounds pretty familiar. It caused a lot of consternation and I knew it was false. And the reason why it affects the mayor is because I couldn't do a lot about it because I wasn't the author of that document. I was not the author of that document. She was.

But I knew about the document and I wasn't going to cause a lot of consternation and a lot of inflammatory stuff and a lot of alarm like the person who, with whom it originated. And I happened to know it was yourself. I happen to know who you sent it to Mr. President. And I happened to know that, that person did something with it.

And it's not who you think it was. But I also know that you sent it to others. And I happened to know what happened. But truth be told, truth be told. I did speak to Mr. Worley because although I thought this matter was dead I did want to talk to Mr. Worley because it bothered me as much as I thought.

A lot of this stuff bothers you all. And I received another document that says somehow me and another council member did something else. And so when I spoke to Mr. Worley on Saturday I brought up the email from which I received that letter. And when I brought it up on my phone the signature didn't show up. And I noticed it was a word document which caused me to question what might have happened when it got to me.

So I said I'm going to investigate that. Do you have a signed copy of this letter? Because that's when he told me there are words missing. And I said I would like a signed copy of that letter. And then I went to, to investigate it. Now what could I do it on Sunday? No. Did I do it that night?

No. And I'll tell you why. Because there's sometimes an insinuation that things don't happen so fast. Well it was my 28th wedding anniversary and I celebrated it. And I worked as a parliamentarian the entire next day for a nonprofit. So today I took time out of my work day. And I contacted several people to find the source from which it emanated on my side.

And I did my due diligence and I expected I might see Mr. Worley today. And I know exactly what I want to ask for and why I need to. But I don't think it's too relevant anymore because it looks like you all are going to do what you have to do too. The bottom line is if you want to know whatever happened with that letter perhaps we can have a private discussion about it. And not call for a lot of insinuations. Because I don't think much good's come of it.

I told Mr. Worley straight up on Saturday if I disseminated something that was inaccurate I'll own it and I'll retract it and I will. The second I can confirm that there's a signed PDF of a letter that went from A to B that's what I'll do. And I investigated my source. And then I came right here from work.

And the last phone call I had on the matter was in the middle of the afternoon. So that's the only reason why it hasn't happened before this moment. Now I'd like to put my city hat on. And I appreciate you giving me the time to do that. The insinuations with regard to what me, if I may please.

David:

Let me, let me, no I'm. I'm going to interrupt so that we don't get lost in part two. Okay. No problem. You, you implied that I acted similar, in similar fashion as you. So which is a lie. If you're speaking specific please speak specifics because all of this inference drive anybody batty and get you nowhere. Of which that's where you're at.

If you're talking about the four-laning letter that the mayor, Tera Radloff, authored that this district was in receipt of. That was disseminated by this district by and through the actions of the board staff and its communications people. Having nothing to do with my proprietary or individual or single signature. That letter was signed if that's what you're referring to and it's the only thing that comes to mind. That letter was signed, sealed and delivered as you said by the mayor. It was factual and what was in it was why it was sent out. Didn't require any of David's wordsmithing?

Deborah:

No it didn’t.

David:

It stood on its own merits because it was factual. Unlike what we're talking about in this situation where you sent out something where you didn't check the facts. And the damage in the hurt and the hardship that it caused and still causes was why we would like to know the source. So that if there's any chance at all we can stop this type of misbehavior.

Not that we're.

Deborah:

Okay, you want to stop misbehavior? Let's stop it right now. You want to know the source? You're going to have to not air this dirty laundry right here and right now. Because the fact of the matter about that four lane highway is that, that memorandum did not say that this city ever envisioned a four lane highway.

That memorandum said that the county thought maybe down the road in 20 or 40 years there might be enough traffic on that road to have a four lane highway. Because of the school might be envisioned. And so the highlighting of portions of that letter and telling people that there will be a four lane highway or the city plans a four lane highway. Was indeed disingenuous and alarming.

Describer:

David is speaking at the same time as Deborah and it is briefly inaudible.

David:

I didn't…

Describer:

David is speaking at the same time as Deborah and it is briefly inaudible.

Deborah:

So let's not air that. May I please go back to my public comment sir?

David:

It was sent out as it was received.

Deborah:

No it was not, it was highlighted. Not by.

Ken Smith CPNMD Communications Director:

Madam Councilwoman, with all due respect your three minutes is long over.

Deborah:

Thank you, may I have my three minutes as a public official?

Ken:

That's up to the president. But I want to be clear. Your three minutes is long over.

Deborah:

Yes it is as a public official is what I requested.

David:

We’re, we’re I, I think.

Deborah:

I’m entitled to.

David:

We appreciate you coming to the podium. And we appreciate you having the time as a personal resident. Thank you. You’ve used that bail umpteen times to cover for whatever the question was and you're entitled.

Thank you. We appreciate your time. Thank you. We appreciate the comments or questions. Thank you. Most of them. And, and if you'd like a copy of, of what has been out in the public forum and not been rescinded here's a copy for you.

Deborah:

I will take that. Thank you. And thank you can tell me what it is he wants to me to identify as a public official.

Describer:

David is speaking at the same time as Deborah and it is briefly inaudible.

David:

No I don't, I don't, I don’t I don’t. Council.

Describer:

David is speaking at the same time as Deborah and it is briefly inaudible.

Deborah:

Might say that I did not say…

David:

Council's letter was clear.

Deborah:

The things that you said and implied that I said in that.

David:

Council was clear.

Deborah:

Meeting earlier the commissioners. The agenda from the words for that joint meeting came from the commissioners. Thanks Deborah. This city did not said it nor did I. Thanks Debra. Oh you're setting me down now. Thank you very much for that transparent moment.

David:

Anyone else wish to speak? Hearing none. I'm going to close the. There’s one. Oh, you bet. Richard, right? Jason Blankaert I'm sorry, Jacob? Jason Blankaert. It's on here somewhere.

Jason Blankaert, Castle Pines Resident:

Yeah. So I just know it's on a couple of these, a couple these city things or. Sorry Metro District things that my name is misspelled and I just wanted to correct that. For the record it's that Jason is correct but the last name is spelled Blanckaert. Thanks. Got it, got it.

David:
It's, its recorded and we got it. We apologize for that misspelling. I'm not sure where we got it but we won't let it happen again. Anyone else? Hearing nothing, I'm going to close the public comment. Period. And look for a motion to adjourn.

Denise:

I'll make a motion to adjourn. Second it. Got a motion to adjourn. The second.

Board Voting All Speak:

All those in favor say in unison aye. Aye. Aye. Any opposed?

David:

Hearing none. Meeting over. Thank you. Night all.