May 18, 2020 Video Board Meeting
Transcript
Describer:
AGENDA
Board of Directors Meeting
Monday, May 18, 2020, at 6:00 p.m.
7404 Yorkshire Drive, Castle Pines, CO 80108
1. Call to order the regular meeting/pledge of allegiance.
2. Roll call/announcement of quorum/disclosure of potential conflicts.
3. Consider approving board meeting agenda for May 18th, 2020.
4. Consider approval of the board meeting minutes for February 24th. 2020.
5. Consider approval of the board meeting minutes for March 16th, 2020.
6. Opening public comment period.
7. Open Space Managers Report.
8. Legal Counsels Report.
- A. Consider approving the declaration of local emergency disaster recitals.
9. Finance Directors Report.
10. Consider approving the financial report and the items from the finance director dated May 14th, 2020.
11. Consider approving and/or ratifying the February and March 2020 payables for
General Fund and Debt Service Approve $75,454.94 Ratify $177,010.37 Totals $252,465.31
Enterprise Funds Approve $231,933.40 Ratify $519,814.82 Totals $751,808.22. Electronic payments Ratify $989,614.81 Totals $989,614.81.
12. District Managers Report.
13. Directors Matters.
- A. Follow up to the board discussion and a postponement of the vote in its regular February 24th meeting to consider its working draft resolution regarding the proposed dissolution of the Master Association and the equitable distribution of the hundreds of thousands of dollars that was collected from our residents and had sought direction or ideas from the district.
- B. The status of the privacy fence pursuant to the board resolution, November 2019, resolution regarding the maintenance.
- C. A constituent request for pickleball courts.
14. Adjourn.
Describer: The video starts on graphic with a white background and forest green letters which says “Castle Pines North Metropolitan District June 18, 2020”. The meeting opens on a shot of all board members present.
Board President David McEntire:
Welcome everybody to the board of directors meeting, Castle Pines North Metro District. Welcome to those online and those of us in the room. Appreciate those in attendance and respect the nature by which we are all social distancing and wearing our protective equipment and keeping the hygiene in the forefront of this meeting. Again, thank you, everyone. Before we jump into this meeting, I would like to take a step to the side and wish our board of director Mr. Chuck Lowen, a very special 75th birthday.
In addition to that, freshly off of a surgery that took place just this, last Friday. So he is to be commended for being here. I know that he's as excited as I am to get back in the saddle. But, we wanted to not let this occasion get by us without wishing him a happy birthday as well as his lovely wife and he a 50th anniversary.
Unless I let it slip, I'm not going to tell you how old he is, but but. You already did. Oh did I? Shoot 75? Did I say 75? I did. Darn. Anyway 50 years congratulations Director Lowen and if I may not to temper, those wishes, because they are heartfelt by all of your colleagues, the staff, our communications director, the video folks, Council, but I would like to also include a shout out to, Timber Trail Elementary school and and, all of the elementary kids there. As all of you know, I have a nine year old daughter that attended this year, and we are graduating this Friday. She and I both, and so I wanted to shout out to Brooke and let her know how proud I am of her and her classmates.
Moreover, her teachers, honestly and the staff over there. What an awesome, awesome way to wrap up this year, and I appreciate you all sincerely. Director Lowen.
Board Member Director Chris Lewis:
So let me add to that, because we do have a lot of high school graduates out there, too and, we do want to, on behalf of the metro district and all the fellow directors, extend a warm congratulations. This has got to be the hardest graduation for those folks. So we honor you,we understand what you're going through, but you have a great accomplishment and good luck with all future endeavors.
Board Member Director Chuck Lowen:
And thank you all for the birthday wishes and anniversary wish and what else? That's it. I did hear there was a check in the mail. Is that?
David:
You too huh?
Chuck:
Stand in line. Thank you.
District Manager Jim Worley:
The check is in that box next to you there and that's from staff. Oh. Yes. Oh, well. And so don't cash the check for a couple of weeks if you will. Appreciate it. Happy birthday to you.
Chuck
Thank you. And thank staff.
Jim:
I will, you bet.
David:
Anyone else like to say anything before we get started? Hearing none, seeing none. I would ask that everyone join me in the Pledge of Allegiance, and then we'll break out into song. Let's call it Happy Birthday for Mr. Lowen.
Describer: The board members and the audience rise from their seats and recite the Pledge of Allegiance, as the camera pans from left to right from the board to management staff to the audience and back to the board. When they are done, they sit down again.
All Speak:
I Pledge of 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.
Happy birthday to you. Happy birthday to you. Happy birthday to dear Chuck. Happy birthday to you.
David:
And hold it down a little bit. Thank you. All right no further ado we're going to jump into as I mentioned earlier, the Castle Pines North Metro district agenda Board of Directors meeting for Monday, May 18th, 2020. First, I'd like to call the meeting to order. We've had the Pledge of Allegiance. I'm going to conduct a roll call with that.
If you'll disclose whether or not there is any potential conflicts when answering, I would appreciate that. Thereafter I know that, each director has spent numerous hours and days poring over the last 60 days of business. Would like to say that it was a great vacation, but I know all of you have been working feverishly, given all the things that we have on our plate, and I appreciate that.
Want to extend my gratitude for each one of you being available, each one of your input and the work that you've done during this distraction. So, again, if, upon finishing roll call I could get a motion to consider the approval of the board meeting agenda for May 18th, the minutes if, if I may of February 24th, the minutes of February or March 16th, 2020, that would be great. That being said, I'd like to conduct roll call.
Chuck:
Director Lowen. Here. No Conflicts.
Chris:
Director Lewis. Here. No Conflicts.
Board Member Director Robert Merritt:
Director Merritt. Here. No conflicts.
Board Member Director Denise Crew:
And Director Crew. Present. No conflicts.
David:
Director McEntire's here. And, discloses no conflicts.
David:
Is there a motion on the floor for items three four or a motion that wants to be made for items three, four and five?
Chris:
I'll make a motion to approve the May 18th agenda, the minutes for February 24th and the minutes for March 16th.
David
Very good. Thank you Chris. Is there a second?
Robert:
Second. That motion.
David:
Thank you. Director Merritt, is there any discussion on that motion before, asking for a vote of approval? Anyone? Didn't think so. Again, you guys really put in the time, appreciate that. While there are a couple items, specifically, related to the fence that may come up in subsequent conversation, I don't have any any changes either.
Board Voting All Speak:
So with that, please indicate your approval when called upon with the yay or a nay. Director Merritt. Yay! Director Crew. Yay. Director Lowen. Yay. Director Lewis. Yay. And Director McEntire is a yay. With a unanimous consent and a fast forward to the open public comment period.
David:
This evening, we do not have anyone that is signed up for public comment. So we hasten to the open space manager's report while Craig, Craig is not here, this evening, Jim I know he's available to answer any questions, take any comments or concerns from the board. Directors anything for Jim as it relates to the Open Space Manager's report.
Chuck:
Jim, I have noticed, and I'm sure everybody else has as we drive down Castle Pines Parkway, from this location, west almost to Daniels Parkway, we have a tremendous amount of dying trees. Is there a budget, a plan? Are they ours? So maybe you can help with that understanding.
Jim:
There is a budget. There is a plan. Some of them have ours, and some of them are not. What Craig does in his area he monitors those every day, every year as we go into this spring. And certainly they die off and so he always has money in his budget to hopefully replace those. We do get calls sometimes from people said, oh, there's a dead tree over here has got to be yours.
Sometimes it belongs to an HOA or someone else and so we communicate with them and let them know what's going on. But we do have a budget for it, don't know the dollar amount off the top of my head. But he keeps an eye on those every year.
Chuck:
The one tree that makes me nervous is right at the corner of Castle Pines Parkway and Monarch for the senior citizens center. It's been dead for quite a while. I think we talked about it a while ago. It could fall, and it's a big one and it would be in the intersection if it goes. So it's not ours if I understand from you correctly. But we should send a notice to the senior citizens management let them know that it should be taken care of.
*Her "I want a race. A grand prix from one side to the other~ Gonna need something to act as the starting line, yes~? It's really quite simple~"
There's a liability issue.
Jim:
There certainly is and we were called on that a couple of months ago, and Craig has already made some contact with them but I'll follow up with him tomorrow and have him do it again. You bet.
Robert:
Just one more question about the open space. And, we saw the pictures of the vandalism, we saw the perpetrators. Any follow up on the perpetrators that we do have a picture of is, have they been found?
Jim:
No, they haven't. First of all, it's disgusting to see that out there. It's it's terrible. It's such a gorgeous community and and for whoever does that to do that. Craig went out there one time about three weeks ago. He's been out there a bunch of times, and there were some kids out there doing their skateboarding, and so he went up to him and said, look, keep your distance.
You know, you shouldn't be in this blah, blah, blah. And we're having problems with tagging out here and so he gave his business card to a bunch of the kids that were there. Well, one of the kids took a picture as the one, I think you think you saw that picture on that the only problem was we don't know who the kid who took the picture is, and we couldn't tell from a side shot who that was that was tagging.
So we have not been able to figure out who that is. But it is disgusting that that's happening out there. And there's damage to it's not just the spray, you know, we can take care of that but there's been physical damage. We put a whole bunch of signs up when all of this took place to try to identify what's open, what's not open, what you got to be careful with. Some of those were torn down, damaged, thrown out into the field. So there's some disappointing activity that's happened over there lately.
Robert:
Appreciate the follow up and look forward to maybe, removing that item and replacing it with something else. Thank you.
Jim:
You bet. Thank you.
Chris:
So from a neighborhood or community type notification type deal. I know the last time we published something, are we going to do something else again and and maybe post a picture this time, this picture since we have a picture. Maybe we can shame these people into not doing this type of stuff.
Jim:
We can sure do that unless legal counsel tells me not to do that. But yeah, I think that's a very good point, Chris. We should we should somehow publicize that and maybe we'll get somebody that says, oh, I know who that is. Because we cert, you know, don't want to throw anybody in jail. That's not what we're looking for. But but you got to tell people, you know, you can't do that and here's why you can't do it. And and so that's a good point. I think we'll do that.
Robert:
Maybe restitution from their parents might be in order as well.
Jim:
Oh, yeah. I guarantee we'll contact their parents once we figure out who it is. So we'll stay on top of it.
David:
Directors, you may recall. Well, first let me just say that, that is under that item, for, a little bit more conversation and consideration is under the director's matters item 13. But before it slips my mind, let me just add to the comments made by Director Lewis and and Merrit, and feelings of yours, Jim, which we both share. The last correspondence, I believe, that, we put together through our communications consultant, included a plea, to the residents of Castle Pines North Metro district, and, in fact, went as far as is, not only having pictures, evidence of what we were, confronted with, but, I think I, as I recall the message, it included that this wasn't a one time issue.
This was something that was continually happening and we were looking for some answers. We went as far as offering a $250 reward. Leave you with this until we get back to it in the director's matter. What would be wrong with $1,000? It might provide a little more traction to those that are taking pictures to get, instead of a side shot a front on, but, just throwing that out there. That being said, any other comments to Jim about the Open Space report?
Robert:
Can address it later, but do we have a full cost of the vandalism as of yet? Is it approaching $1,000? Is that within the realm?
Jim:
I don't know the dollar amount yet, Robert. I'll figure that out. What we do when we get tagged is we just paint over it, you know, and so there's not a lot of dollars involved in that we do it in-house. So it's not a big cost on it but it's totally wrong. So we want to try to stop it as best we can.
I'll get with Craig and see if we can identify some some numbers of repairs. Otherwise the painting is not a lot of money I'll be honest with you, just looks terrible.
Robert:
Appreciate we’ll refer to it later in the conversation as well. Thanks.
David:
Hearing nothing else for Craig, from my colleagues here. I would like as I recall, in Craig's report, there was no mention of the work that is taking place in the entry or excuse me, in the medians along Castle Pines Parkway. There's no mention, in while the directors and I had had some conversation in our last meeting about the destructive nature of all of the work that's going to going, within the right of ways. It is costly, it's an eyesore and it seems to be a surprise every every time it happens.
Now we have an agreement with the city of Castle Pines, where we are to be notified as much like a partner. And, that being said, we have not been notified of any work in the medians yet they continue, and they look like the Dickens.
We're pouring a ton of time and effort and, not to mention the money in the medians, and we're not being treated like partners, in this situation, in my opinion. Nor are we being treated like, you know, partners as it relates to the damage that's occurring on each side of the right of way when this new construction comes in, again, without notification and collaboration with our own staff.
In addition to that, we have talked about the inequities that this group of, this board of directors has identified in the entryways of the communities throughout Castle Pines. We've also discussed the plausibility of, losing revenue in situations, like, that inequity in the, in the entryways as well as, the water that is being delivered to the medians and, and, so there's a number of things that we've talked about over the course of the last 60 days.
I'd really like, Jim, you do, get Craig on the front line and engaged and taking the lead on some of the stuff that we need to do to prevent further damage and further expense as we get into the summer. It's my understanding the city is has just signed a $4.5 million or something like that, $4.5 million, street repair contract for this year.
And, and, we've seen a lot of activity. We've also seen a fiber optic in effort that has been underway along Castle Pines Parkway and Monarch. No coordination again, no heads up. And I know that doesn't take place, or at least rightfully on private property and it's all private property. The residents own it. They've charged us with being good stewards or being stewards of it, and we want to be good stewards of it.
So, please, get get Craig out there, get him involved. And even if we have to make the effort, when the effort isn't being made reciprocally. Let's do that, please. Thank you Jim. Item number eight, legal counsel's report. Counsel.
Legal Counsel Kim Seter:
You have the legal status report in front of you. And by the way, it's good to see everybody and you all look like you've got a haircut somewhere. I can't find one. Everything is in the report, and there is one action item which is at the bottom of page three. With regard to that item as you know, the president declared a national emergency.
Governor declared a state of emergency. Now it's your turn to declare a local emergency, which may make FEMA funds available at some point. On the financial report you'll note item number two, we have the finance director kind of compiling additional expenses that are accruing because of Covid. And hopefully at some point when the rules all shake out, we'll be able to recover some of those funds through the federal government via FEMA. And that's the purpose of this declaration. Last item on the bottom of page three.
David:
Yes. And, that declaration is. Attached to the report. Attached. Can you put those specific?
Do you have a specific. Did you have a specific motion as a preamble to that?
Kim:
No if you, just a motion to approve the. See if I can find a title here. That's it.
Robert:
Can you reiterate the restrictions in layman's terms that we're signing off on?
Kim:
Yes. We don't really know that the rules keep changing with regard to all this, but there are FEMA funds at least being made available to local governments for extraordinary costs that you're incurring as a result of Covid. Because we don't know what the regulations are going to ultimately be and what's going to qualify. We need to go ahead and adopt a resolution declaring an emergency so that when all of the regulations shake out, if we have qualifying costs, which I think you will have some, we can recover those through the federal government.
Robert:
And declaring an emergency, does that restrict anybody from doing anything or agreeing to any restrictions or preventing anybody from doing anything that they wish in our community?
Kim:
It does not. Okay.
Chuck:
It these funds are not alone as I understand.
Kim:
That's correct.
Chuck:
It's a grant.
Kim:
That's correct.
David:
I can see in the recitals of, of, the declaration, that there are none specifically referencing us as, a governing or quasi governmental entity responsible for enforcing anything other than, it appears, recognizing the actions of the World Health Organization, the governor, Tri-County health, Homeland Security.
And if I missed one, it was someone or something other than ourselves, specifically. It's with that that while I've read through it and hadn't picked up anything else, seems fairly simple. Seems like a, a good move. I know that, as you mentioned, Kim, that, our finance director is also been tasked with watching the expenses associated with this pandemic and keeping, in, in a specific or separate category or fund. So that when this whole opportunity, if you will, becomes clear or to reimburse ourselves for any undue expense, we're able to do that.
So nice work. Correct. Nice work. Does anyone have any other questions? Or would like to make a motion?
Chuck:
I do. Jim, are you with us? Okay. On the declaration, items two through five, really set you up for additional work? My only question is, are you staffed to handle these kinds of issues?
Jim:
Yeah, yeah, because we we identified all of our costs. Now, what I'm not real sure of yet, because this is kind of still new to me and Kim and I haven't talked about it yet. We can identify the costs that are out of out of the ordinary, that kind of another way to look at it. Kim. Okay, we can break that out.
You bet. I mean, I'll I'll say it here in a few minutes, but I'll go ahead and say it now. We've been working the whole time. We just had our doors locked for a period of time so people couldn't just walk in. But we don't have a lot of people that walk in to begin with. So we've been locked up, but we have all been working.
There hasn't been anybody in the organization has really taken off any time or have not become essential. And that's the key word I tell some of my friends. They say, why are you going to work every day? And I says, I'm essential but you're not, so don't take it personally. That's okay. But they go oh okay that's true.
So we'll we'll try to come up with something. I'll work with Kim on what would be appropriate, but really things haven't changed necessarily with the way we do and how we do all of our work every day.
Chuck:
I understand that, but it it appears to me that especially in number in number five, where you need to document any and all costs that are in addition to what we would normally expense during normal course of business. How are you are you set up now, or will you set some guidelines to your staff to start affecting that?
Jim:
I'll do both. I'll set up guidelines for them to start looking at, but I'll also look back and see what we've had to do or done a little bit out of the ordinary over the last 60 days. Is that the time frame? March 1st. Okay, so 90 days, almost.
Kim:
And Director Lowen, that last question you asked, that's really what the accountant is doing. That second part of his report is watching for those items. And and the other two paragraphs you're questioning, those directions are really things that Jim would do anyway, the issue is if if some contractor comes in and they don't have any masks and we have to provide masks, that becomes a cost.
Or if the contractor is hired, especially because of the Covid environment, that becomes an additional cost. So I don't think there's really anything much different that Jim has to do except track those kinds of items, I think.
Chuck:
Thank you, thank you both.
Denise:
It. Just one quick question. Why is it filed in Gilpin County?
Kim:
Because that's a typo and I'll get that fixed. Good catch. Thank you.
David:
You know, none of this is a surprise to Jim and and, council. We had the conversation some 90 days and unfortunately, 90 days ago, unfortunately, nothing has, become more clear, over that other than the job that Jim and his staff has done as being essential to this community has been delivered in the quality and in nature and, and, type that, you're to be commended.
You know, we probably can't convince the president or the World Health Organization or anyone that is going to bless these extra expenses to include tagging and some of the graffiti. But certainly, Jim, the the gates that have been put up and torn down, put up and and and vandalized. How many sets of signs are we up and how many sets of of of very expensive pulls
So, you know, back to what we were talking about earlier on on the open space, report and part. We have incurred tens of thousands of dollars in expenses. And, and, if we're able to apply for those back, we'll sure do that with a motion. Does anyone have a motion to approve this declaration of local emergency disaster as recommended by council?
Chuck:
I'll make the motion that we approve the emergency declaration and essential personnel certifications, as we have been given from council for the notice of inadequacy and failure, Castle Pines North Metropolitan District. Nope wrong one, the other one. But yes, that's my motion.
David:
Very good.
Robert:
I'll second that motion.
David:
We have a motion on the floor.
Chuck:
Corrected to say, declaration local emergency disaster recitals.
Board Voting All Speak:
We have a motion on the floor to approve the Castle Pines North Metro District's declaration of local emergency disaster, as presented this evening by council, as included in your package dated March 1, 2020. All those in favor signify by saying I. I. I. I. Any opposed? I. Hearing none. Motion is approved.
David:
Council there was a, there has been a a failure, if that's the right word in one of our pumps in the southern most part of our city. This is a sewer pump, and there's been a failure and I believe, correct me if I'm wrong, that it was in the or It's still in the period of time, where the developer is responsible and because we haven't entered into the one year warranty period, I just wanted to make sure you're aware of that and are working with Jim along, side with Jim on that matter. It seems to be somewhat troublesome that we didn't get these guys to just jump right back in there and take care of that. We're not even in the maintenance period. Correct. Jim.
Jim:
That's that's correct.
David:
And and, Kim, you're you're working side by side with Jim, to.
Kim:
Yes and attached to the status report is a demand letter that my office sent or or drafted for Jim not sure which. That went to them and I believe they responded to Jim.
Jim:
Yea I if I could follow up on what's happened since then. It's legislation number nine, it's the one over in Legae, it's the newest one that the developer built for us based on our specs. But they have to build it, it's got to go through a warranty period. There's been two main items. There's been a punch list generated a year or so, or a little over a year ago.
But there's two items. One, that fence blew down. Brand new fence don't blow down even with the wind we get here. So we've been in constant contact with the the company that put that fence up on behalf of the developer. But the more the troubling issue is that the lift station, while the pumps are working the design, we have found out within the last couple of weeks, it was changed, but then a pump size wasn't changed.
And I'll briefly tell you what that was. The engineering was done by an independent engineer for their developer based on our standards. And before it was actually sent out to bid, it was anticipated that there would be a ten inch force main pipe size force main that would go down and eventually end up at the plant. And then there's a pump that from a from an engineering standpoint, and I can spell engineer, but that's as far as I can get. Certain size pipe, certain size pump to get it over hills because it is a lift station in essence.
We found out on a phone call because I sent a letter one day I got a I got a reply an hour later from one of the developer saying, what are you talking about? So I set up a meeting because the, the, contractor that put that up or did the work force in there was not responding to any response or any reply or asking them to give us some information.
Something's not right with this lift station. So we had a conference call about a week and a half ago based on this letter. And in that call, Lisa Swain, who works for Kennedy Jenks, who is our engineer, says, you know, this was a Monday call, she said yesterday, I looked through a lot of the engineering data that was put together by their engineer.
And she said, I noticed that the pipe right before the bids were sent out, was changed from a ten inch to an eight inch, but the pumps were not changed. Now, that's the rest of that is really above my head. But when we have a developer on the phone and Lisa on the phone and Nathan in our office who really handles these lift stations for us, we were all on the phone and Lisa says this may be a problem.
And so the developer said, we're going to figure it out, we'll get it taken care of, and we'll get back to you when we do. What what got their attention other than the fact that we've been saying this is not working right. This is not working right. Two things. Number one, we've not accepted it, so it is not ours yet.
But they just weren't responding in any way to that. And so the letter got them up here and also and we told them that we're about to sign a contract to get another pump. It's going to cost about $140,000, including installation. Are you ready to pay for that? And he immediately got back to us. Don't sign a contract yet.
Let's figure out what's going on. So it got their attention. So I believe with the guidance of Kim, we're in the best position we can be at right now. Hopefully they'll come back and say it's going to take another pump or a different pump. Let's do it. Otherwise we're cant with a little bit more where to go with that, but they're well aware of the problem and and part of the problem is that their, their contractor, we were continuing to communicate with him. Nathan was Lisa was he wasn't getting back to us, but hopefully that helps you with your question a little bit more. We're still going to work on it, but we haven't accepted it yet.
David:
During this during this period of distraction, of course, we're going to hear a number of scenarios where that may have been the reason why. But doggone it, it's really simple. Until those, until that infrastructure is installed correctly is entered and past the one year warranty period, it should be an immediate response. And and all my years in the development business, it was really simple. Either be Johnny on the spot in a case like this, or be prepared to carry that subdivision that land acquisition, those development costs, and any spec building and models you might want to put up until which time you have it all installed and until which time that warranty period has been acknowledged and is up. Before we'll let you use it.
So, I know that you guys got this thing, but that really bothered me. I would hate for that sewage to go the other direction.
Chuck:
Do you want a motion on that?
Robert:
Nice wording.
David:
No negative motion. And just the last couple things was was, Kim got your memorandum after the agenda was put together and your report was put together, having to do with the important tax deadlines and the changes associated with the budget process in 2020, which is a direct byproduct of the, the pandemic. I think everyone has got it and, thank you for that.
Also, the April 22nd, 2020 memorandum, to our communications director and those that are involved in the mutual study with Parker, the do's and don'ts, if you will. Nice job. Yeah. Thank you. Thank you so much. And thank you for the report. Any other questions, comments, concerns from the board?
Chris:
I do have a question on page three on the under the Study and Negotiate Service Agreement inclusion. I'm I'm are we supposed to be doing anything with that?
Kim:
No. The studies in the discussions are still ongoing and then you'll receive another report as soon as there's something new. Then it's all going very well by the way. Thank you.
David:
Very good. Thank you again, council. I see that the finance director did not make it. Was he or she supposed to be here, or did we get a late cancellation?
Jim:
No. That was that was a question that that I had last week and the issue is ten people in a room. We currently have ten people in this room right now. And from what I understand, and legal counsel can help me on this you can't put more than ten people in a room, you got to have safe distances.
So unless that changes. So as I was counting the warm bodies that were going to be in here tonight, we we reached that ten. So I told him not to make the drive down. He's available if we need to give him a buzz and I told him I'd follow up with him on questions of today. But I was afraid that we'd be caught with 11 people in here. And that's not what we wanted to do, at least in my opinion.
David:
It's my understanding council, and I'm not going to put you on the spot for being the referee. But it was my understanding that no more than ten people should be gathering in one location, whether they're, respecting and acknowledging the appropriate social distancing or not. That social distancing when when social distancing is taking place and the appropriate equipment is and or is being used, there is no limit, but 50% of what would normally be considered occupancy. Now that could also be just in restaurants and bars or something of that nature.
But as we all try to figure out the right from the wrong, I don't want to be and I appreciate you taking the extra precaution, but I truly considered or thought he was going to be here. We have the appropriate social distancing and equipment. Can you shed any light on on that counsel?
Kim:
I believe at the time this meeting was set up was before the governor's last order, but I'm not certain. I think what you're saying is as long as there's social distancing, you can have more than ten people in a room. I don't think it's that clear. It's my understanding it's ten people in a gathering or the social distancing.
But everything right now is so vague and ill defined that it's hard to know. That's the best answer I can give you at the moment.
David:
Super. Well, thank you for that and, like I say, didn't expect that there would be a whole lot more clarity and each day we we learn more, as we have already in the meeting with some of the nuances in in tax, in budgeting and, and, emergency declarations and, and whatnot. Go ahead. Chris.
Chris:
So I do have a couple questions. So I know I'll get with you probably tomorrow or something. I was going through the package and I just had a couple of questions. That's all.
Jim:
Absolutely fine, be happy to address those. And if I can't answer the questions, we'll get Eric on the phone to any of you, if you have any other questions on it, you bet.
David:
Let me, if I may again, I was expecting that he would be here and we'll consider the report that he has given us for the comments forthcoming, and consider approving the financial report as submitted, as well as approving and ratifying the February and March payables, as we typically would do. What I didn't see in his report, Jim, was a update on the CPN Foundation. This was the one that we discovered in one of our due diligence efforts. And and he was going to look into that and even check with council on an as needed basis but an update there would be great. Also, I have, in looking at the receivables report there, there is no reference to, the receivables being in any concern whatsoever. And yet we've got some that are approaching 240 days, and every day or from 0 to 240. I mean, we've got some, aged receivables. Could we get a report from Eric on that, please? And normally in his report, we're accustomed to seeing a, H2O revenue chart, that coincides with and and, any of the budget references or direction comments, concerns that he may have, as well as helps us reconcile what we're pumping out of the ground, etcc.
And the report does not have it. In fact, January, February, March doesn't have it. I know that we lag a little bit in that you're up to speed through April, if we could get his report up till April, that would be great. We also had an issue over this period of time, over the last 60 days where we had a vendor asked, for their payables to be wired.
My understanding in speaking to those folks today, in fact and, and with Eric, that, that's all subsided and, we're not being asked to do that. No one wants to do it. And and it was just a reaction to the pandemic is, what I was told today.
Jim:
That's correct.
David:
Okay. I think from an accounting point of view. If he could follow up with us on those items, that would be great. Directors. You bet.
Kim:
Mr. Chairman, the CPN Foundation matter. I did have a conversation with Eric about that. We exchanged some information. So the ball may be in my court on that one, but I'll make sure that one of us gets back to you. But if I dropped the ball, I wanted to let you know that I dropped the ball, and I'll find out, because we did we did get down the road with that a ways. But I don't remember where we left it. So we'll get back to you.
David:
To your for you. But I gave him the, the, I think it was an email that we had uncovered or what have you, that had everything to do with the periodic reporting that was using our address and maybe even a predecessor, Jim, as a point of contact or a resident agent or something. So we're just kind of wondering.
Kim:
Well, yeah, I remember seeing that, and and I think the discussion may have been about trying to track down that the person who had formed the the entity, but I don't know where we left it. I don't take care of it.
David:
It's just, that's just the transfer. Director Logan anything? All right. Thank you for that. Is there anyone else on finance matters? Hearing, no more. I'd like to make a motion to approve the financial report and the items from the finance director dated May 14th, 2020 to include the requests made by, this board to and through, Jim Worley. Also approve and ratify the February and March 2020 payables. Specifically, the general fund and debt service approval of $75,454.94. Ratifying $177,010.37, for a total of $252,465.31 from the Enterprise Fund. Approve, $231,933.40 ratifying $519,814.82. Excuse me, $0.22. No, I'm. I'm right. $0.82 for a total of $751,808.22. And then, lastly, the electronic payments, ratify $989,614.81, for a total of $989,614.81. Do I have a second?
Chuck:
I second it.
David:
We have a second to or we have a motion on the floor to approve those financial matters reported on tonight. We have a second by Director Lowen. Any further discussion? Hearing none. Seeing none. Jim, again, if you'll follow up with Eric and ask submit maybe that report, next week, I'd rather not wait for a month, but next week would be great if he can. Please.
Jim:
Will do.
Board Voting All Speak:
All those in favor signify by saying I. I. I. I. I. Any opposed? Hearing none. Motion carries unanimously.
David:
We have the district manager's report, item number 12. Mr. Manager. You have the floor, sir.
Jim:
Thank you. I'll just go through the first three, and then I'll talk about a couple of others. The first, as far as pump great PCWRA's plant expansion as probably everybody was hit a little bit by this Covid got a little bit delayed. In the last meeting I went to, last month I have another one next Tuesday morning, a week from tomorrow, is that it should be up and operational by year end.
December of 2020.
They start up or some issues that they have to deal with so. It's still moving along. And I think it'll be December before they actually I'll call it flip the switch so. But other than the Covid thing delaying that, it's running pretty smooth.
David:
You sit on the board of directors heir, correct? I do. And, when that expansion is complete, do you roughly know what that capacity of that sanitation plant is going to be and at what percentage of capacity it is currently operating?
Jim:
I don't know the answer, but I'll send those to you tomorrow in an email. I just know the expansion is the 3 million gallons. I don't remember the totals, but I'll send that to you.
David:
And and the and and the participants is Castle Rock and ourselves?
Jim:
Castle Rock, Castle Pines Metro, us and then there are two other. It's Silver Heights, and I think it's Castleton. I can't remember the other two Castleton, but those are kind of I'll call them subs of Town of Castle Rock. Only three of us sit on the board Castle Rock, Castle Pines Metro and Castle Pines North.
David:
Include it in the report next time. Will do. That'd be great. Appreciate the update.
Jim:
I'll give you those numbers. Okay. Chatfield, you got the email that I sent you a couple of weeks ago. What I brought with me is every year there's an annual report done. And so I was trying to figure out when this thing actually started. And it started in 1994. So that's 26 years ago if my math is right. When the CWCB be, which is the Colorado Water Conservation Board, basically requested of the Corps of Engineers, Corps of Engineers, own Chatfield Reservoir that they needed more expansion.
This was shortly after, and I don't remember the dates, but shortly after Two Forks was shot down. For those of you who might remember, a potential large reservoir was anticipated, referred to as Two Forks. And that was a big issue around here. I don't remember the dates on that Kim you might remember those. But having said that, that would have put, I think, 1.1 million, maybe a huge, but it didn't get passed. And so then where is the next step? You know, we really got a fair amount of water in this state. It just flows out. And if you can't catch it, it flows out and somebody else gets that. So 1994 is when that thing started. So it went through a number of years of getting to the point where finally the Corps of Engineers issued what's called the Record of Decision, the ROD.
So that means you can move forward. You can start spending your $171 million that it's going to take to change this reservoir. And so there was a lot of work done out in that area. I don't know if you've been to Chatfield lately. I mean, it's a gorgeous place to begin with, but a lot of work had to be done.
Basically, I'll call it upstream. The dam didn't change at all. It was big enough to handle the extra 20,600 acre feet of storage. But it had a lot of mitigation had to happen so they could do that. And so it went and went through a lawsuit the Audubon Society sued them. They didn't prevail the Audubon Society didn't prevail.
So about 3 or 4 years ago, they finally got to start doing the physical work out there. And it's amazing what was done out there. But again, $172 million worth of work. We have in the new 20,600 acre feet of storage, we have 1006 acre feet. That's our number there. We're about the fourth highest our most of the group.
But this this is huge for this area and certainly for this community, too. And so you had to get there were continually reports sent to the Corps of Engineers in Omaha as this thing was progressing and getting approvals as we go along for different pieces of this puzzle. And we had to get the final letter, which I think I sent the letter, want to let you know that off saying in essence, you can now store water. And so that was a long time to get that thing done. I think it's great for this whole community here. And so we should be very proud of being part of that I think Castle Pines North should. And so from as of last week, new water molecules as I call them are now being stored in there.
We have a couple of opportunities to store water. We own ha caulking water rights, which are a major senior water right, which comes right down the side of the platte goes right through Chatfield. So instead of flowing through now, we're going to be able to store that. And then our effluent from PCWRA flows down Pump Creek, what isn't pumped up to the golf course and that's some more storage right. So this is a huge coup for this area and so I'll try to get some questions you may have of that but.
Chris:
So just basic question. Sure. On the cost it says ours is 8.3. What was the original cost was is that more or less.
Jim:
The the total cost for it all was 171. Oh no. That that's our cost. Now I, I don't know any other cost to be honest with this is for the mitigation cost.
Chris:
So I'm looking at it more of an asset.
Jim:
It is. More of an asset. Is that what you're saying?
Chris:
Right so I'm looking at it more of an asset as we do our go through our negotiation and and evaluation of all our different things. So that's what I'm asking.
Jim:
Gotcha. Yes.
Chris:
Would you know what we originally valued it?
Jim:
I don't, I can sure find that out though and get back to you on that. But that was just the cost of the mitigation work. And how that cowed out was it was $8,300.97 per acre foot. So depending on the number of acre feet you had as part of this that you you owned, multiply that by the number and that's how much it cost.
David:
And Jim. That was the cost. That was our commitment. There wasn't any okay. 83 $8,300.
And while it's my understanding that cost to date have been short, just shy of that been within budget, our cost for that thousand six feet is about $8,300 an acre foot. You recall in our last meeting, Dominion purchase some storage out there. Their purchase price as well, was 83, the same as all the rest of the participants. And and, while that number of available feet continues to shrink, the appreciable value continues to grow. That's like the water and and everything else that we see is being fairly definitive in our little neighborhood here.
But, you're right on. It's a heck of an asset we'll be able to use this year. Some of that storage going through Centennial, through the interconnect and to our customers. By doing that well be pursuing our absolute rights. Currently, we only have conditional rates, but well, the hope and the plan, Jim, spearheading this as well is, is that, once that delivery has taken place, once a storage has taken place, which is days away, once a delivery has taken place and we've documented it accordingly, we will be in front of the courts, asking for commitment on those water rates to be absolute.
Jim:
Right. Okay. I'll address any more questions if you think I'm related to Chatfield, but that's a huge milestone. The Parker Joint Study. Last time we were all together, you had your executive session and you got an update of what was going on and this board and Parker says, keep moving forward, keep doing it. And so that next step was what I have referred to as boots on the ground.
So last Monday morning, some of the staff, water and wastewater staff from Parker met right here in this room with our staff. And then they took a tour of our wastewater facilities, our lift stations, distribution lot, our collection lines and it was good social distancing, but they went to see some of the facilities. Last Thursday, four days later, basically the same group from Parker came over here, met with our, really with Corey and Nathan, and they went and toured the water plant, the pump station that we use for the water we gave some centennial, just to kind of see all the facilities and what it's like. And also to kind of meet it helps a little bit for some of our employees we've had, I think I've told you we had an employee meeting. Did i did I tell you that? Yeah, we had an employee meeting with the potential employees that that could go to work for Parker if that happens. And and we had Ron was here, their director, Steve Heilman, who I work with directly on this study, their HR person was here and a couple other people, and it went extremely well.
And the reason I say that you can understand when, when all of this happened two years ago and the changes that happened in this organization and the direction that was given is what we're on right now.
I'd be wrong if I didn't tell you there was concern on some of the employees' part. Understandably so. Especially someone who's been here 26 years that you're going to do what? So there was some skepticism on that. So I set up this meeting so that everybody can meet everybody, and our people could ask questions and vice versa. When that meeting was over, every one of the employees that that my employees individually stopped by and told me how much they appreciated that.
And they said, Parker's a pretty good organization it looks like. They seemed to care about us they care about their employees. Thank you for setting this up. And so I could see in their expression that it helped them a little bit with the understanding of what's going on. And so I was real pleased to hear that and so that's continuing.
It's going to be about a three month process. They toured our stuff. Jacobs engineering is the engineer that's helping with this helping actually Parker. And so there's another about two months I'm guessing probably by the end of August, no later than the first part of September, we'll be back in front of you and talk about some other things.
So, it's made a very interesting study to see how we do this and all the information that comes about. You guys were very enthusiastic two months ago, and thank you for your support. And so we're moving forward on it.
Any questions on that one? A couple other little things if you don't have any more questions on that one. Hearing none. Think and I can't remember if it was Chris or Chuck. One of you two asked me two months ago. What all those yellow flags sitting in our right? Robert . Or maybe it's Robert. Okay, I got you two mixed up it as Robert. Well, we've talked a little bit about it is fiber optics, which is not only going Castle Pines Parkway but Monarch, but also, I think up into the neighborhoods I've seen yellow all over the place. And so, that's what's happening in that particular deal. You might have noticed too and, and, President McEntire referred to it a few minutes ago about activity that's happening in the medians. You might have noticed those blocks of concrete.
I'll call them with big bolts sticking up. Well, that's where they're replacing the light poles. If you look out there now, you'll see two of them, the old and the new and and they got in their order. Just a quick note. They got the order of, of poles like three months early. And so I got a call from, from the city and they said, you got any place we could help store this right now for just a short period of time?
And I said, sure. So they put their poles right out here, basically in the handicap here and had it there for maybe two weeks, I think. And then they took them all the way last Friday. So you've seen them on the streets here so wanted to follow up on that. But then the last thing and I mentioned it a few minutes ago.
Everybody in the world is going through this, this pandemic and everything, and I don't know anybody alive today who has gone through one of these before. And while my staff came to work just like they always did, I want to commend them. It's a challenge to be at work. The only things that we stopped was going into people's homes.
A lot of times we'll go in there where there's an issue, they can't figure out something. We'll go in and help them figure it out and then if they have to get a plumber to go do it, they do that. But that was the only thing that we changed and so I'm very proud of all of the people and how hard they worked on the circumstances.
And we've had some challenging phone calls at times, which is understandable. So I want to publicly thank them for all the hard work they've doing as essential employees. And I think it's a credit to this community. So thank you.
Robert:
I'd like just to add to that and commend Nathan for helping out one of our constituents with an easement issue. And they were more than satisfied with his answer and his knowledge of it. He did a great job. Thank you.
Jim:
You bet and actually, when you called me the other day, to thank I went around the corner and grabbed him and told him about that. So we appreciate that. It's very nice of you to, you know, we take care of things the best we can and to have a nice little pat on the back means a lot to these people.
And I really appreciate that. Robert.
David:
We had, as a reflection of the caliber, partner, in this study, namely Parker Water and San District, we had a, an employee depart over the last 30 days, and this had nothing to do with the mutual study and in fact, as it was reported to me, the only hesitation between he and his family was the fact that he could see not just light at the end of the tunnel, but a rainbow, if you will if if he were to continue his career here.
But they decided to move on to the east coast, where I believe there was it was a family issue. That being said, Jim quick on his feet, sought input and, and, discussion with our, our mutual partners and together they built that temporary vacancy and, and, further, move the study along in a way unexpected but progressively and, and, excuse me productively. And, and, so nice job there, Jim, really appreciate that and, and, I have heard some of the same kind of positive comments from staff, given the opportunity to run into them in the field. And, so couldn't be happier with the way things are going. One last item. Our GIS, platform that we all were part of getting a presentation, I believe it was maybe in January, February. And, the and sundry, benefits associated with that huge, huge endeavor, has not been put on the wayside, has not been a casualty of, of, this distraction whatsoever.
And in fact, Nathan, under Jim's direction has brought that data in ahead of schedule. We are now 100% uploaded the data associated with allowing that program to run as it was proposed to this board. And, he has, proved that out via colored maps showing us every acre that is included and any acres that are currently pending, the process that the developers are paying for to bring that up to our criteria and then the uploading.
And we are so close to having completed it all. But, everything that was expected, he did ahead of schedule and, and, couldn't be happier about that. In addition, he is reporting to us as early as this last week that he's going to be in a position, he and the Ames folks to begin report writing in August, early August, which ironically runs tandem with our budgeting process, even though it's been delayed. It is going to fit wonderfully and we'll going to be able to take a look at the assets under the ground and on top of the ground and truly have a scientific, proven way to evaluate their needs and wants and our needs and wants and the future of them along with the current condition. I should have said it the other way, the current condition and the needs, hereafter. So great job, Jim, in that regard.
Jim:
Thank you. If I could expand on just a couple items. One on on what Kim talked about on the change in when we get our preliminary assessed valuation, which was what I read mainly in his memo. So that really doesn't change anything for us when it comes to putting the budget together. The only thing that we won't have in the early stages, because we usually get the preliminary assessed valuation, middle to the latter part of August and so we use that to project the, the, property tax revenue. But we won't have that preliminary number now I think it's October 13th. Is that the date Kim? And so we're going to be an educated guess on what we think it may be. And I think over the next few months, we're going to find out how it might have changed based on what we've got going here.
And so it won't really change our budget process, I don't see it at all other than that number mainly. So, okay. And the other thing I want to expand on, on what president McEntire just talked about with Parker. Marty Gassaro is a gentleman that's leaving us, he's from his from New Jersey. Good guy, been here six and a half years. Really hated to walk in and tell me he's leaving but he says we're moving in South Carolina, got families, blah, blah, blah. I say good luck to you, you'll be missed because you're a good man. And so, like, like David said, I could have gone out and tried to hire an individual that with the experience level and bring him in here. But with the knowledge, you know, you may change hats in essence over a short period of time. So I called Parker.
Can we work out a deal? Do you have someone that we could work out a deal on to where they could come over here and help my guys, basically? And it gives you an advantage of seeing, you know, firsthand bases the operation, which I think is important, too. And after about 3 or 4 days, they got back to me and said, you betcha, we sure will.
And so I met the gentleman, a guy named Wayne Austin. I went over one Friday and met with him. Was impressed with him. He was also on those two tours that I talked about last week. And so Friday and today I asked Corey and Nathan individually, did you get to meet Wayne and spend some time with him? And they said, yes, we did.
We're very impressed with the young man. I think he's in the lower 30s. You know, it's real young for me. So what a great working together I think we're having with Parker and they're doing a very good job and I really appreciate Ron and Steve allowing this to happen. I think it'll be a plus for all of us so publicly I'd like to thank those gentlemen.
David:
Thank you again, Jim. The the, the progress I was talking about in regard to that data. You can appreciate the mural behind me and the area associated with, Castle Pines North and, the 3500 taps or thereabouts, the thousand that are expected hereafter and the commercial centers and all the property, the green belt, parks, open space, trails, etcetera. But these are the maps that were presented and and, while, you can see that the gray area dominates these maps there's just a hint of yellow, and it's just the yellow that remains.
And the only reason it remains is because those are the areas that have not been developed yet in our area. And, and so really nice job not letting anything get behind during this period of time, as we've run into before. Jim, also there, I just want to, slip back if I can, potentially and and ask you to ask the finance director to memorialize the current status of PERA. There has been a reference made in our mutual studies that there is a, a, a, a. What's the word? A, a, no, let me get it here. Doggone it. That there's some past due obligations to PERA. And after investigating that, seeing it 2 or 3 times now, what I've come to find out, with finance director and Jim and and others involved is that, it is just simply a reference, to be used as a reminder, moving forward should negotiations of any kind begin to include the liabilities of, of of staff, because Parker is not a part of the parish system. They're wanting that to be made sure that it's up to date. Well, it is there's nothing that is behind delinquent is what I the word I was looking for. There's nothing no delinquency whatsoever in our contributions to PERA. It is simply a 4 or 5 day timing issue where we prefer not to make those contributions on a monthly basis, into which time we have the actual payables to staff.
The reason that we go that way is to avert the last two record, or audits that were very expensive and time consuming to the district because they were doing some estimating. A lot of people will make those estimated pay, payments, and then they have to reconcile to them. We're 4 or 5 days into the next period we make the payments and we're up to up to date on all of those.
If I've got any of that wrong, Eric can speak to that, but that was what I garnered from conversation with him. And I think maybe your you were part of that as well. I think, unless my colleagues have any more for Jim, we'll jump into the director's matters. Colleagues? Anything else for Mr. Worley?
Jim:
Thanks, everybody, for your support. Really appreciate it.
David:
Back at you. Thanks you. Let's move to item 13. Item A is is, a follow up to the board discussion and a postponement of the vote in its regular February 24th meeting to consider its working draft resolution regarding the proposed dissolution of the Master Association and the equitable distribution of the hundreds of thousands of dollars that it is collected from our residents and and had sought direction or ideas from the district. It's part of how it all got started on on how to spend it.
In reviewing all the minutes, if I may, and I won't be long but in reviewing all the minutes of the last couple meetings that we've had, there's been umpteen different references to the folks that were kind enough to come over and share with us their interest, concerns, considerations. But but I will say that, while there, there was no real hard evidence of what they were proposing, was or was not going to facilitate the dissolution of the Master Association and I would say that there still isn't. We all are entitled to our own perspective on the matter and, their perspective, the vast majority of them coming from, the communities that, were not represented by a sub association, specifically Claremont Estates and Huntington Ridge were pursuing a
some kind of a maneuver to reorganize the Master Association to manage a newly created association for both Claremont Estates and Huntington Ridge. So that there was no possibility that those folks would be without association oversight.
You know, the other folks, like Dave Farria, he commented that the H that an HOA would be better than the metro district, to provide the declaration and covenant enforcement, because those are the primary responsibilities of the HOA and not the metro district. I just have two things I want to share with you in that regard. And I don't recall sharing them with Dave or not, but it's my opinion that homeowners associations or owners associations are self help organizations.
It is it is truly never been, having developed dozens of them and being a part of dozens of them it was always my understanding and it was always my, my, my goal in mind to create an organization, whose lifeline was the residents, whose, whose goal and aspirations to please and to facilitate a quality of life that everyone sought and increased valuations and security. It would be a byproduct of the residents input the residents action. The residents who were the police and they were the enforcers, and they. The HOA just was a series of documents that allowed this to lawfully happen.
Whether they believed they needed an HOA or not, whether there are issues in our community or not. There are a number of outstanding items, having to do with some of the matters during this director's portion and others that would be much better off if the residents were engaged and and not considered secondary, resources of information or, unwilling to do anything.
The folks that came to the last couple meetings are just exemplary, examples of people putting forth a great deal of effort. And and I'm, I'm convinced they're going to be rewarded, with some representation, and understanding beyond so many others and, and. But.
I also wanted to remind everyone why that gentleman said an HOA versus the district. And keep in mind, the reason that we're having the conversation about the dissolution of the Master Association is because we had again, again and again a fence blow down. And while that has been determined to be the responsibility of the Master Association to enforce the people responsibility, to make the correction for the benefit of not only the folks that are adjacent to it, but everyone that drives by it, etc. short of that, the district got involved.
It's not something that we signed up for, but something that by virtue of the organizational documents, specifically state that in the absence of the Master Association, the district may act. And without belaboring that point here, we are still considering a resolution, albeit a bit different than the resolution passed by the city of Castle Pines, but with the same idea in mind.
And that is to finalize the existence of the Master Association, dissolve the Master Association. It is run its course. It without going through again the the the the list of of reasons that have been acknowledged by everyone to date. What concerns me is the memorandum, that has the most recent memorandum that I received from the Master Association.
I think every one of my colleagues had received it as well. And in the very end of that memorandum, it says, and I quote, since the economic terms for the reorganization and I mentioned what that reorganization is, are the same as the disillusion for the 21 delegate districts, there are there will be no need for the delegate districts to reconvene any meetings with their homeowners to get additional input.
Now, we have talked about the fact that I think the majority of the people in here have have have not been party to any kind of a formal meeting by any sub association, let alone the Master Association to generate a, a direction for their delegate. And so I don't know how this can happen necessarily without homeowner involvement. And I continue in the last paragraph says over the next several weeks, the focus will be on drafting the documents needed for the delegate vote.
We expect our next communication to be when the voting is occurring, and then the results of the vote. So what that means to me is that there is a there's there's yet to be a vote by the delegates of the sub associations. And as long as the vote is, is reflective of the residents, If I can speak for this board, this board is, is is tickled pink.
And maybe then they would do their job is, is this whole thing started out being a reason for getting involved. They weren't doing their job. But, there's there's the, the the communications coming from that group lead me to believe and, Chris, I'd ask you to just weigh in on it just for a moment, after I finished introducing this.
But, I've been told, within the last ten days, I believe it has been that the documents are all finished. And, I asked that the person who shared that with me, so all we have to do is vote. And we were having this conversation because I was asking this person who had been putting forth all of this time and effort to get this done, whether or not we should be pursuing the rest of the passing of our resolution or not. We promised we'd defer it so that they would get it done, that the vote would take place, and we wouldn't have a need to.
And yet we find ourselves 60, 90 days later here, and we're in the same spot. At least at least, in text and in emails and, and without a vote of the delegates, etc.. So I'm asking my colleagues, what their pleasure is this evening. Do we, do we adopt the resolution, which was, specifically, in favor of dissolution and the disbursement of the funds to in favor of dispersing the funds to the property owners of the city those that, that, that, were levied and those that that, they were made up of. Nothing more, nothing less than that.
Or are we going to defer?
Chris:
So I'll, I'll comment a little bit. And I think I've, I've shared with you the latest update that I got from one of the board members, new board members on the, on the Masters Association. So the last meeting they had, they elect a new board members so she fair she, shared the latest. My understanding is that, as you mentioned, they have, they have already drafted the legal documents for reorganization to support the two communities that do not have the HOA. And those documents have been or are being reviewed by the current board, the new board. Which have provided feedback to the legal, the lawyer who was drafting it. And and once that those changes are done, then, as you mentioned, the delegates will vote in it. My understanding and the reason that the delegates don't have to go back to the community as was because the delegates actually had to go back to the community before to get the community's input under direction, which was dissolution at the time, to see what the community thought.
So that was already provided. So they don't need to get that again they just need to provide the actual documents to the delegates of all the sub associations and then the delegates will vote on the reorganization. Once that takes place, then they're going to essentially be able to go forward. The timeline was supposed to be, I think, done by May, May 15th or something like that.
The update and communication that we received was that due to Covid 19 and all that goes into that, it got delayed, but they're working on it. Speaking to one of the directors, my understanding is that they feel that they're progressing. They're they're going in the exact direction we want them to go in from, you know, a community and then from the metro district, I guess, in essence, to. So I think we should defer.
David:
One of the the second of two points made in our resolution is that we implored the Master Association to exercise the appropriate and lawful mechanisms and mechanics associated with an effort like this. And and again, as you stated, there's some somewhere, somewhere in the past, our delegates communicated with all of us and have come up with their opinion. Now, of course, fast forward 120 days, 90 days, whatever it is, we're all a little bit more in tune with the subject matter, have a little bit more information, and I'm just concerned that the opinions, that the delegates came away with from their individual sub associations, aren't the best arent up to speed arent up to date aren't, reflective of of the constituents and residents. I mean, we had Director Crew talk about the Master Association continuing, regardless of this whole effort and regardless of the fact that the residents are paying for these two sub association documents to be drafted.
And I beg to differ that it's the same amount of money. But that being said, they're still collecting during this whole process and exaggerated sums of money, to provide the title company with assurance that she's up to speed on her HOA dues, her master dues. But we all got a you know, an email that says there isn't going to be any this year so. And and your and your transaction was this year. So you got twice charged twice for something that wasn't even being charged for being reconciled or accounted for and, and then, expedited fees, etcetera.
It's it's Chris, it's it's frustrating and and while I did not I don't know if my colleagues got, this communication from the new board, that's great news that there is a new board, because that new board is not the board for the Master Association, but rather is a new board for the two communities.
Chris:
No. No. The board I'm talking about is the board that was elected for the Masters Association. The Replacement. Right.
David:
It wasn't a reelection, it was a replacement.
Chris:
Right. So it's kind of like the replacement slate like we did. There they the last meeting, they had a board election.
David:
That was missing three people.
Chris:
Right now those folks, which are the preponderance of and I would in all honesty, the rest of the board members that were left on that board too, they're all of the same opinion, which of the direction of now it's reorganization. So they're even though it's three new board members or two new board members, how many there were they're all in sync. So I think the board is pretty much driving, you know, to get this done.
They're working through it as fast as possible. Now your comment on on whether the delegates original view from the community, is that still the same? I don't know, but I would suggest it's if the community doesn't feel so or any time like we as homeowners, you can always go to your delegates and make your your views felt or known.
And we should do that because that's the case. From the last meeting that I was at, I can tell you the preponderance of the people that were there were the delegates. So the delegates will have to when this is all done, we'll have to vote for it to be reorganize. The delegates that were at the last meeting were all about dissolving or reorganizing.
We did the whole reorganization to support the communities that did not have the HOA, so we were all prepared to go that direction. So if the community as a whole wants to go in a different direction, then they need to have their views understood by their delegates. But if their community still is of the opinion that we need to dissolve or reorganize in this, this situation, then then their voices are being represented because that's that's the direction we're going in from a delegate perspective.
Robert:
Our core directive, if I understood it, was to let them reorganize, but we wanted an expeditious event to happen. Is there any policies and procedures or paperwork that's been forwarded? Where are we along that reorganization? Because that was the core directive of this board, as I remember it, for the last 90 days.
Chris:
Yeah. The information that I shared is the only information on the timeline that I have.
Chuck:
Mr. President, I believe this board knows how I feel about this matter based on our vote my vote in February. I guess my question to the board today is if we postpone this again for whatever reasons we can use, Covid 19 as the biggest excuse that's going to go on until the next century. What are we going to gain? If we don't postpone it and we've draft, we approve this draft resolution. What are we going to lose? What's the point? That's my question to this board.
Denise:
I tend to agree with you on that. And if we do move forward with this, basically we're just stating this is what we want, this is what we feel, this is what we should do. It doesn't bring back ramifications. Correct.
David:
There is is is we've said before and and have lamented before is that, while none of us other than as one of 3500 other residents don't have any skin specific skin in the game and I'm talking specifically about the district. What we've found is a situation that we found displeasing.
A whole bunch of colorful adjectives to describe how this board feels about the conduct that we have uncovered as a part of, of, not only the Master Association, which has been characterized as running its course, so why not? But then the the folks involved in its operation, we'll leave it at that.
And believe wholeheartedly that there's no reason to levy these huge amounts of money amongst or, on the shoulders of the residents, whether they're buying or selling a residence, let alone living here. When the city has and in Director, Councilwoman Mulvey’s presentation earlier this year, reminded us that the city has stepped in and taken care of and continued to grow in the arena of entertainment where the Master Association had a foothold.
But other than that, they were they just weren't doing their job. They weren't enforcing the design guidelines as it was adopted before they got here, or at the same time they got. And it culminated in this disaster that's taken place on on Castle Pines Parkway and the fence and that in the discord that it is, so.
I don't know that there's Director Lowen, I appreciate the question. I don't want to leave the city out there hanging on on on they, they had the backbone and transparency and honesty to share with the residents how they really feel. Director Lewis, I'm concerned that if we don't do, take action on this resolution that we miss the opportunity to inform the residents to get engaged and to make sure that their delegates know how they truly feel about it.
To this date, I've not received one single communication or contact. I don't know if anybody else has, that has suggested otherwise. So I'm agreeing with you I can't imagine that it would the vote would go otherwise. So as I've told them before, just vote then. It doesn't require a new board, doesn't require anything other than a vote to take place.
And they could had it done by now. So I think we owe the residents an update, either by passing this resolution or immediately asking the Director of Communications to communicate with every resident in this community to let their sub association delegates know once and for all in a yesterday way how they feel. So that when this vote does take place in the next couple weeks, prayerfully, it's a reflection of of of what the residents, how the residents feel.
Chuck:
David, do you think, do you believe that if we passed this resolution and maybe we tweak some words, but if we passed this resolution, and the constituents in Castle Pines North read it and understand it, do you think that would turn them against dissolution or in favor of it? Because because we're voting in favor of it. Do we have a sense that we're the good guys or the bad guys?
And this this resolution is worth the paper it's written on, really. We didn't its not a law, it's not a penalty, it's not a water fee. It's our opinion. And our opinion is everything you just stated about no collection of dues, continued collection and closing statements. I don't think they're working in the best interest of the community to get this done.
Maybe this will prompt it getting done. We better be prepared one way or the other to, either take it off the books and start talking about something more relevant or pass it and take the heat.
Chris:
So I, I think my first position is we take it off the books but I do agree. Let's just say we want and I David, I heard you on in terms of, you know, being able to have, the metro district stand. But I would agree, I would be okay with us editing the document more and take out dissolution, because I am more concerned that we're going to be if we have the way it's written, where it says dissolution.
And I understand that we're just giving them an opinion, we will not be supporting the, you know, the whole group of folks that don't have it. I think us having the reorganization in there, we can put the organization that's saying that, you know, we want the Masters Association gone, it's run its course, but the metro district is supportive of that change to be a reorganization.
David:
Council, correct me if I'm wrong, but a Master Association with organizational documents reflective of being the Master Association, is either an entity that's alive or is not alive. In no case can that entity, as it it was created, as it has been contracted, for management services, as it's been conducting business board of directors, etc.. reorganize itself into a management company and a set of organizational documents for two communities that didn't that that never had a sub association.
There is no such thing as as this metamorphosis that we are are talking about and that have been shared with us is, is is what the homeowners want is a reorganization and and the Master Association folks using that as a reason to finance the creation of these new entities. My opinion. Am I am I correct in saying that there is no legal maneuver that the Master Association can reorganize itself and be fair to all parties?
Kim:
Typically an HOA is organized around documents that it's more like a membership association. So ordinarily, and again, I haven't seen the HOA documents, but typically that would require a vote of all the members and not the association itself, because the members are the ultimate controlling group. Typically.
David:
And while we won't get too deep into this. We've got an anniversary, birthday and a barbecue. That seriously, that's been my thought as well and, and and, but the the struggle has been as, Cynthia, David and Peter and Andy and and all of the folks, Gary, have have shared with us they don't have the votes. They don't have the votes to organize.
And I think it's a total of like 30 something people, but they don't have 100% of the buy in of their community. So while it's not our issue how they have figured out or are trying to sell to this community that they can, go from representing 3500 to 35 people in the same breath without stopping one and starting another and asking the people, the 35 people they're going to start one with for their approval is not our business.
I just I don't know how to keep, to answer your questions, Director Lowen, I don't think that, this isn't a right or wrong for me to comment on this isn't one of of value or or IOUs I, I don't.
This is this is something that we uncovered as a part of of trying to correct the calamity of, of of ugly on Castle Pines Parkway, specifically the fence and, and, it has culminated in our requesting that they dissolve. It was also a byproduct of the Master Association asking us how to spend hundreds of thousands of dollars, giving us three options, including holiday lighting and new signage, etcetera, etcetera. We just want to give it back to the folks that paid it, the property owners that paid it. And and we we just want to move on.
And we want the folks in those two communities to have representation be wa but we want it to be lawful. Our resolution simply says we want to dissolve the Master, we are recommending the dissolution of their Master Association in its current form and that we're imploring number two, we implore and the return of the money to the property owners. And number two, we are imploring them to use the lawful means available to them to do just that. Whether that be their
Douglas County Clerk can recorder's office, an official, election official, etcetera, etcetera. But none of that has happened from my personal experience. And so I can't imagine that it's happened to everyone. I'll leave it at that. I feel that. I don't know, I, I don't know that modifying the document is, is going to get us where we want to go, unless we want to defer it, because it's going to take a deferred amount of time to modify the document.
Chris:
Just like the word dissolve. We organize and we vote, we can't do that?
David:
I don't think it I don't think it holds as much water because I don't think it's a lawful, a process.
Robert:
I don't think that the, it should be changed. That's the reason right here is the gross negligence of the Master Association. However, I feel like I'm in the minority of the whole board that our core directive was to make sure that those two communities were taken care of. Yes, it's taken a long time. Twice as much as I was expected.
But if we can, if I can just urge everybody just to push it, because of Covid or whatever we want to do just a little bit until a better solution or until we come to push to shove. Yes, it's a financial nuisance and a liability, but Director Cohen mentioned, you know, the pros and cons of each. And I might be still in the minority, but I'm still thinking that the pro is that there is a solution out there for those two communities to rectify, and maybe they just need just a little bit more time, and then they can reorganize.
And we don't have to change our wording, and we can go through with the dissolution at the at the appropriate time. But to rush this, now during the Covid, whatever we want to blame it on. But I would just like to see those residents be able to, get together and, maybe they need another prodding, maybe needs a committee, maybe it needs a little more, human touch to it.
But we, you know where I'm going I would like to just push on this one and, until a better solution comes along. And as an analogy, everybody is paid a bill until they just took the time and said, you know what enough is enough. And I'm really not at enough yet. Maybe all the constituents are, everybody in the 3500 that we have.
And if they want to, employ our communications director and say, yeah, I know enough is enough, they've had enough time, and then we can do that. But right now that's where I'm at, is just continue the push and, and just gets more and more serious. And this is our third time deferring it, but that's my suggestion.
Chuck:
Director Merritt, I totally disagree with you. We're in our operations manual. Does it say the metro district is responsible for helping design and create new math, new associations? This is not a water issue.
Robert:
That's correct. However, the stakes are a little bit high in those two communities if we take away their ability to maintain their homes in a proper way as they see fit as a majority. And it takes, I believe, 100% for them to rectify those changes.
Chuck:
And my question to you is, do you know how many homeowners in those two associations want to be governed by an association.
01:47:18:03 - 01:47:29:11
Robert:
In my, I think there was two people two homes against everybody else of the 32 homes. And that's only hearsay.
Chuck:
No. Say that again what did you how did you just describe that?
Chris:
So, so so, Director Merritt is correct. So essentially, the homeowners that don't have a homeowner there, if they were to create this from scratch, let's say we dissolve the Masters Association, just that it's dissolved. For them to create a mas, a homeowners association, they have to have 100% of all their residents vote for it. And they know right off and that's why they we had like this whole place full, you know, they know right off two people, one in each, of the neighborhoods that are going, no.
So the only way they can get a homeowner's association for that area is if the Masses Association reorganized from its current mission organization structure to HOA. However, the organizations could be different, like the chairman mentioned, right? It could be a different form of an organization going from a Masters Association to an HOA. I don't know how that all works, but it could be different. But that's the only mechanism for them to get an HOA.
Chuck:
Well, why do we care about that if we're not going to be involved in doing it? And it's not part of our job description?
Chris:
Well, well, I have.
Chuck:
Were the nice guys on the block?
Chris:
No well, we have a common one. It's our constituents. So we we care about them one and two we're actually, passing a resolution to impact that.
Chuck:
That's going to put a whole new discussion on the resolution for the fence. You're opening up Pandora's box.
David:
Let me interject and again, Council not to blindside you but as many of these as as I've participated in that's a magic trick that I'd like to know the, the details of. Because, and I'm not ashamed to declare ignorance if there is a mechanism for taking the Master Association organizational documents and morphing them into sub association documents, all the while convincing the two people that were not wanting to be a part of it, that there were always association documents that could be enforced on them. And so there issues are irrelevant and I could go on and on and on, but it is not something that I believe I want to be a party to, because I just don't trust what's going on.
I don't trust what has been going on ever since I got here. And I'm not just talking about Castle Pines North Metro district, but, Director Lewis, and, and and Lowen, Merritt, hadn't gone through a closing like, Director Crew and and yet the antics continue. I'm, I'm I'm batting when the reorg is done and I want to sell my house, somebody is going to tell me, well, because of these things being a matter of title, these documents and unless in that disillusion, there is a document that was recorded against all of our properties that dissolves this thing, that Premier Management is going to continue to get the telephone call and collect the $400 times two, plus the accelerated. Well, that's. Whatever.
Denise:
That was for the title company. Oh. But regardless.
David:
Sorry, but but you know what I'm saying and and so while we've not been kept apprized that they're going to actually record this document against all of our properties, dissolving this obligation. This kind of, of of of antics to generate revenue is, is is bothersome to all of us. And I know that and I know that that's where we're coming from.
But on top of it, as Director Merritt said, we have no we have no qualms with the folks in those two communities, and we don't want to leave them out to, to, to, to dry and I hope and pray that, whatever, they've convinced the Master Association to spend all of our money on is lawful and it works. I can't figure it out. I will give you this last update.
Robert:
We are holding hostage 3500 homes here for the 35 homes that are in Claremont Estates and, and Huntington Estates and we're, we're feeling that.
David:
Let me give you let me give you this latest update. And this has been a byproduct, and I know all of you have been in touch with a variety of folks, and, I'm hoping that this is, gives us some, some, some light or some hope. You got an email from some of the folks there, in those communities and, the report was that, this was on May 1.
And it said amongst a number of other things, that the new HOA board should be determined in the next several days, and this was dated May 1. Okay. And so I was hoping, quite honestly, that we would have come to the meeting on May 18th and known that there was a new board of directors for the sub association sat. Because this on May 1 from one of those, the new HOA board should be determined in the next several days.
It went on to say comma, as the documents for the reorganization are complete and ready to be reviewed by the new HOA board. Somewhat of what you said, we're not sure which board that is, the one that's going to be elected or what have you, but 18 doggone days have gone by since this great update, and it just leaves me wondering if we defer it one more month, should we not consider another effort to communicate with our constituents where this board sits on the matter and and and and be prepared to act on it as it is written next month. If we're going to defer it I would recommend that we communicate with the residents that we are for the purpose of finalizing it by next, or we're going to, act on it. I'm I'm committed to do that and would recommend that just to get us beyond this discussion item.
Chris:
I'm okay with that.
Robert:
I'm okay with that because 18 days take out weekends, it's only a dozen days. It's only 12 days. So.
David:
You're right. Just 12 days.
Robert:
It's only been 12 days.
David:
It's all done. Vote already.
Denise:
I still think go back to the basics what we're saying is putting our opinion out there. Nothing more, nothing less. So I don't understand why we would want to defer it personally.
David:
The same folks total transparency and honesty here, the same folks that have been working so hard on this thing and have given themselves and answered every telephone call that I've made to them to try to help, honor, facilitate, keep up to speed, echo your opinion that there's there's there's, there's not a whole lot that it's going to do or not do, but they've asked us or asked me to, can let you guys know that, to intervene, this is a quote, in any way or move forward with the resolution from earlier this year they don't think we have reason to do that. And while I respectfully disagree, again, I would like to, to, just make a motion that we defer, definitive barring any unforeseen, definitive, action on this motion until our June meeting. Pending the announcement and outcome, both the announcement of the dissolution and the sitting of the new board and sub associations, as well as the outcome, which is one and the same, but the outcome of the delegate meeting to dissolve as well.
Robert:
I second thatmotion to defer.
David:
We have a motion on the table to defer pending the delegate vote. And and, the results of same as well this the resignation of the current board, a recording of a document of deso dissolution to be recorded against all properties and the sub association creation and a second. All those in favor signify by saying I. I. All those opposed. I. I. Robert I'm sorry. I. I all those opposed signify by saying nay. Nay. Nay. We have a motion to defer for 30 days with those terms and conditions, associated with the subsequent adoption of that resolution in our June meeting.
Chuck:
David would it would would it have been appropriate to discuss the motion and possibly make an amendment to the motion. Can we do that before it's voted?
David:
I mean, the answer is yes. Damn it. Don't you have a a birthday and or an anniversary? I'm sorry. I am truly sorry. I forgot to ask for, discussion. I retract the motion and would like everyone to retract their votes until we have final discussion if you'll please. Director Lowen.
Chuck:
It's a little point, and I concur with the motion overall, but as we heard tonight, we were told that the new board and all of the other ideas for the two associations would be heard and responded to by May 1st. Can we make this one month from that date that they set and make a June 1 instead of June 15th?
And I'm just talking about this thing going on and on and on, and I think we ought to put an ending to it. It's my only point.
Chris:
How do we vote on the first? Or what why what's the, I'm not understanding how we're going to the first versus when we meet again, because that's the earliest we can vote, right?
Chuck:
You can vote on the motion now an amendment to have it become law or however you want to couch it on June 1 if nothing doesn't happen by the Masters Association. If they sit there and give us more and say we need more time, I think we leave it alone. We can always rescind it. We can always stop sending it out. We don't have to mail it out in any periodical. This is a board decision. It has no legal consequences. It's a political ploy.
David::
And I appreciate keeping their feet in the fire, if you will. But I think it's important to understand for any of those that are listening in and watching online and those that we may have the opportunity to communicate with, remind them of the actions that we have taken to this date on all matters that have been brought before this board, including the calamity of of, concerning the fence along the parkway, that we mean business.
And if, and, and if the dissolution doesn't take place as it is being represented by everyone that I've come in contact with in our own, special delegate, and board member, Director Lewis. If it doesn't come to fruition, I'm confident that this board will have the sufficient reason to discount what has taken place and challenge it. It's with that understanding and and and, that opinion that again, I will, barring any further discussion on this, stand on the same motion that I made earlier, unless I need to restate it.
Kim:
I don't think you need to restate it, but, there could be a motion to amend that motion, and then there'd have to be a vote on the motion to amend. If you want to do that.
Chuck:
Can I rescind any motion to amend? Because we didn't vote on it one way or the other to amend?
Kim:
You didn't make a motion to amend. I don't believe.
Chuck:
No motion was made. No motion was voted on to amend.
Kim:
Correct. I'm just saying, if you wanted to do that, to make to approve the resolution, conditioned upon. Its effectiveness, conditioned upon one, two, three, four and five. You you're well you can certainly do that.
Chuck:
I don't I don't want to make that motion, I want to go home and eat my birthday cake. Okay,
David:
Directors? Director Merritt?
Robert:
I was going to second your motion.
Chris:
I'm still good.
David:
Director Crew?
Denise:
I still want to stay the course. Like I said, we're just putting it out there, what our thoughts are. So I would like to proceed with that.
Board Voting All Speak:
Motion's been made on the floor. It's been seconded by Director Merritt. No further discussion from the directors at this time. Asked for a vote on the motion, signify Aye when called upon if you're in favor, Nay, if you're not, when called upon. Director Lowen. No. Director Merritt. Yay.
Director Lewis. Yay. Director Crew. Nay. And Director McEntire is a yay. The yay’s have it. Motion carries. As stated earlier, for the deferral, with the conditions and the promise to proceed, accordingly if, we can't get this done.
David:
Item number 13B, this is the status of the privacy fence pursuant to the board resolution, November 2019, resolution regarding the maintenance. What's happened, quick update from our district manager, Jim, do you mind?
Jim:
Not at all. You have two proposals in your packet that I put in the other day. This morning I met with the third person, and we walked the fence, just like I did with the other two, had the same discussions. I don't have a proposal yet from that individual, that company. But he said he’d have it to me hopefully by the end of the week, maybe first part of next week, which would be Tuesday at the earliest because of Monday holiday.
So comparing these two, they're very similar. If you've had a chance to look at it, you notice really one of the main differences is that the one from Commercial Fence said that they'd put two coats on there, and that's really the difference in the cost, matter of a few bucks here and there. And so, president asked me to put this in there so you can kind of see what we're doing.
Again I met with the guy this morning. I should get another proposal hopefully by Friday, but it could be next Tuesday. And that's where we are. Although I'll have to say, as you can see in here with these two, and I got the same kind of feeling this morning. We're repairing it, they're not big fans of neither one of them.
Of course, they build fences for a living, it can be understandable, but but we asked that that they could repair it enough to where it would last another 5 or 10 years. And so far, these two did not think they could. Just so you know where we are. The one this morning told me says, I'm not sure we can do that either, but until I see it, I don't know. Just. Go ahead that's alright.
Robert:
Just a matter of detail in the written portion, it says $56,824.25. In the alphanumeric section, it says $58,824. So if it's 56 or 58, that might need to be looked at. Where. It's on the split road.
On the split rail, fence company.
Jim:
Oh. Where they wrote it out, kind of like you write on a check?
Robert:
Right. And then okay yeah. That's 56 whereas the alphanumeric is 58. A couple thousand dollars off.
Jim:
Good point, good point. Yeah. But and I believe the answer is 58. Because when I first got this, when I first got a proposal from them, they did not break out the stain in the fence repair, which I needed. And so I also told it's a lady names Anne, who I was working with. I said, your numbers are wrong.
I didn't look at the written out word number. I looked at the numbers said 58,824, and the number at the bottom here is 58,324. So I say you did a typo, so I'll clarify that just to make sure which one's right, but I think it's 58,824.25.
Robert:
And I think it's 56. But if you could find that, that'd be great.
Jim:
You bet. I'll let you know.
David:
May I. Add just a little more color to the subject if I may. Recall again that in November, 2019, resolution regarding the bench along Castle Pines Parkway, some 12-1300 feet of fence, where we have 12 adjacent homeowners that enjoy the benefit of that fence, along with the 3500 residents that come and go on a daily basis. That acts as a demark between, the right of way of of, Castle Pines Parkway and, and their homes.
That being said, this board agreed to pass a resolution that basically, provided a use easement to each one of those homeowners. Allowing, to maintain their fence regardless of the fact that it was sitting on district property. The district was made aware of the condition of that fence more than one time and has considered it a bona fiable liability to the residents of this community. And my and omiss the responsibilities of the Master Association to enforce the design guidelines, or an argument by their sub association, HOA one, or any of the other homeowners that would suggest that that is a, an improvement that it was built by and owned by versus just located on district property is where the rub came from. That being said, we endeavored to pass a resolution, not only providing the easement but also offering a fresh coat of paint. With the hope that it would provide the homeowners with what was the majority of their request, more time to budget for the replacement or repairs of their individual sections of fence.
This board, responded to those requests, acted accordingly. We have prepared the documents necessary to record this resolution against each and every individual property owner before Memorial Day potentially. We are in a position to paint it, where the rub comes from, as Jim indicated, as we have gone to to, renowned fence specialists in this area, as well as, some local recommendations from those inside of this community.
And while they've told us that these fences typically have a 20 year life to them. And we begged, we begged for five before we would spend any of the residents money on staining or painting this according to those design guidelines, and they wouldn't give it to us.
The furthest they would go would is give us an itemization of what it would cost for each one of those owners to bring that fence up to meet those guidelines and then we paint it. A huge amount of money. That wasn't what we contemplated. This includes all 11 owners, not 12. The folks, Bill and his wife, I believe, at 7465 Shoreham, is that? Shoreham who put up their brand new fence.
It met all the expectations and the criteria and the scope and the design guidelines and, they offered, or they proposed no expenses on that fence. Otherwise, the, the cost of the fence replacement ranged from $1,300 to almost $10,000, depending on how many feet you have. Tough spot because, this board said that we would repaint it. This board doesn't spend the money carelessly.
But we're between a between painting the fence and and finding someone that will give us just an an idea that the that the fence would add enough life to it to make it worthwhile. So I have the following thought. The staining of the fence is, is, about $7,000 and, and.
I'm just wondering if if, while the design guidelines called for a specific color, if we accommodate the design guidelines, which we are asking everybody to do, if we will get that color and we will, put it on the fence, but in a type of paint and in a consistency, that would reduce that cost to maybe half or a quarter, if at all possible, so that it reflects the life that's left in that fence. I'm, I'm just wondering if if we can get the fence painted with a good conscience because it's not going to be but a few years short of anyone coming and replacing it like the folks on Shoreham, I just mentioned before, it comes down and this district is going to pick it up and throw it away.
Chris:
So let me clarify here from my understanding. Yes. So we're we're only, advocating for painting, right? That's our part. The staining portion for the metro district portion.
David:
For compliance of those design guidelines.
Chris:
Right. Our portion is we are going to paint. We're going to stain it. Yes. The homeowners portion is the construction cost of 50 something right there.
David:
Just to bring it up, to design standards. Yes.
Chris:
Okay. All right. So I'm going to I'm going to do one thing because from my HOA press perspective, we have a company that does the same fence. And I don't know if it's either one of these. So, tonight I'll go check that, and then I'll get that to you, and then maybe we'll have one somebody who is accustomed. Are these people doing in our neighborhood?
Jim:
When you say in our neighborhood, I'm not. You mean the companies?
Chris:
Yeah, no, are they actually working right now in our neighborhoods, doing any of the fences? And the reason I ask is we actually have a company that's going through right now, and they're fixing our fences for the HOA, for our stone cross, for winter berry, all that area.
David:
The one he met with this morning is one of the folks that are working inside the community now. Okay. It was recommendation from one of our residents. Okay. The other two are folks that are qualified and and active, subcontractors for fence repair, maintenance and replacement in Highlands Ranch and surrounding communities. So they're local.
Chris:
Right? So the one that you met from our community did? Today. Did you get word from them?
Jim:
He he doesn't live in the community. He just he's doing some work. Did I get a proposal? No, I just met him this morning. Okay. First time I seen him we went out and walked the fence and I talked to him all the way through it. So I said, how soon can you give me a proposal? He says the earliest would be at the end of this week. He'll do his best to give me that.
Chris:
Okay, I'd suggest we wait on that because I think from our HOA we negotiate pretty hard with them and you know, they know how to bring it up to spec. So like you're saying, instead of replace the whole fence, they'll bring it up to spec and and they know what the staining guidelines are and everything else. So it would be interesting to see how they come up against these.
David:
I’m and, and I, I'm not opposed to that as much as we are behind the promises that we made the entire community to have, given, cooperation from the weather this fence resurfaced. So time is of essence and, and let's make believe that we got this great deal.
Our opinion, it's a great deal compared to these other folks. Or the third folks doesn't matter. The homeowners have opted. Other than these folks on Shoreham, they've opted to do either nothing or what they believed was necessary and it came up these dollars short. So it's likely that this these folks that you're working with, there's going to be short as well. Council we cannot file a lean on their property to follow the resolution for the collection of of funds spent towards, bringing these fences back into a safe and compliant condition until we actually expend the money. Is that true?
Kim:
That's correct and you I don't think you even have the opportunity to do that unless you accept responsibility for the fence, which is what we rejected in the resolution in the first place.
David:
Or move the fence.
Kim:
Yeah.
David:
And that's a good point because this is a new the these are new fences. And be assured that if the residents wanted to pay $60,000 to build these 12 folks new fences, not only would it be on their property, but I find it hard pressed to believe that they'd be wanting to do that. I, I just wondered if there was any way to give those folks any more time before we put all the residents in a, in a libelous situation, by not acting.
Kim:
Yeah, I certainly think you could extend the time periods in the resolution to whatever you want to. It was your resolution, you set the time periods if you want to stretch those out further, you can certainly do that.
Chuck:
I. I like Chris's suggestion of getting another bid, and that would give us four if you get one. I think we can extend the timeline and blame Covid 19. We've used that in the past. But I also think we should tighten up our specifications a little bit. And these are minor issues, Jim but I noticed on the split split rail fence fence, they do not show taxes and fees, whereas on the commercial fence they do number one.
Number two, I think that, we're foolish to think that by replacing this linear square footage, we're not going to run into some bushes that are going to need shrub removal or at least pruning. It's going to happen after 20 years. I guarantee it. And so that's an additional cost. And then finally, depending on what your 12 homeowners decide or where our easement line rests, I think we're also foolish not to do some line finding. We need to make sure we don't have drains we haven't counted on TV antennas or TV lines coming from Comcast we haven't thought about. Electric locates. Electrical locate service. And none of those costs are in either of these bids. So I just to tighten it up and it may or may not amount to more than a couple thousand dollars, but at the end of the day it may.
Jim:
There's another cost in there there's not in there, I'll say. And that is traffic control. With this being backed up with Castle Pines Parkway both of these proposals talked about that. They didn't put numbers in here because I wanted to get a proposal of material costs and stains so that we could have something to talk about, but each one of them probably will have to whoever gets the job will probably have to go through the city related to traffic control if necessary on Castle Pines Parkway. There could be some more costs, no question about that. I saw the material tax on the commercial fence one. I just kind of blocked that out. Be honest with you, because we're tax exempt, so.
Chuck:
Getting two more. Maybe we can tighten it up a little bit.
Jim:
Yeah, absolutely. I think it's great. I'll just say it and hopefully I'm wrong in guessing this, but the gentleman I met with today does a lot of fence work around here. So I'm wondering if it's the same guy. But and if it's not, hopefully he's not so we'll have four hopefully. But that's perfect. Yeah.
Chris:
I'm going to find out get you the names to that. I think it should be the same person because they're coming around right now doing ours.
Jim:
Yeah. Okay. But yeah, there are some more costs. I understand that.
Chris:
But but your other question, David, which was okay, so the fence, you know, needs to be brought up to code and, do we spend seven grand or how much over on the stain or some portion of that? Right. So I'm actually looking at the cost of the fence, which is $50-70,000. What's the likelihood? Let's even say we come back with $30,000 from somebody who's doing these fences and split that between the 12.
That's 3000 apiece. What's the likelihood of the homeowners actually going to say, yeah, we're going to spend that money, to bring our fence up and we might want a course of action number two, which is like what Chuck has mentioned in planning. We might have to take down some fences and what are we going to do? So that's just being prepared.
Chuck:
Do we have a not to exceed budget?
Jim:
We don't have a budget on this.
Chuck:
I think we should have this discussion after we get all four bids. And I think Chris raises some good points.
David:
When we acted on the resolution, we were familiar with and fully understood where the responsibilities lie. And while there may be more to the story, timing is going to be everything. What I mean by more to the story is this relationship, or lack thereof, that the homeowners have, different than anywhere else in the community with their sub association or don't have. It's the only fence according to our, our landscape manager, our open space manager, the only fence referenced, in the design guidelines of that kind, that the sub associations for the communities that they represent don't take care of it. And the argument has been from that sub association, in all fairness, it's not on our property.
They have been invited to umpteen different meetings and figured out a way to not make it even in the 11.5 hour, or return calls or disappear. They have shared with the homeowners that we were working with to get this resolution passed, which are all of these homeowners.
I've told them that, just hold your ground, it's not your responsibility, it's the districts. And yet, Doug over there, the president, has refrained from putting forth other than, threats that have no traction whatsoever, no substantiation and no willingness to follow up that it that it is our responsibility and that that we need to act. So I totally agree we need to act and we need to finish the job that we inherited from, fortunate or unfortunate from the Master Association, with or without HOA1 with a sense of urgency that these residents deserve. We'll get the other proposals.
We'll, we'll reconvene and and, make some expeditious decisions. Locates, of course, would be included. Some of those proposals included route, extraction and trimming and all of that kind of good stuff. But it was really irrelevant because if a fence was going to be rebuilt, it was going to be rebuilt on their property and not their expense. And of course, they would want to build it on their property.
We were only giving them an easement to Band-Aid it, to give them time to budget for the replacement of the fence. These people say that fence is is designed to be 20 years. You can't get even five with or without a Coat of paint on it. And and made no bones about it. And boy, did we.
Chuck:
Are either one of these. Are either one of these bids guaranteed?
David:
Well, they can be. I mean we.
Chuck:
But are, but are they I mean, I don't see anything.
David:
Guaranteed for what?
Chuck:
Well I don't know. That's that's a great question because I have the same argument. 20, 25 years? 5 years? No. An hour and a half.
David:
No these are. This is these are these are professionals that are providing us with ironically or professionally the same observations and opinions. They're the pros I’m not, they're the ones that are giving this, this and while certainly in any bid process, there would be a tightening of, of the terms and conditions so that it was apples and apples and it got in the right place, doggone it, once and for all. Those are relevant, but they were when we began to get this feedback, we thought we might want to discuss a little further before we went any further. So now that we've done that, we're going to get a couple more proposal reconvene as quickly as possible. In the meantime, we may try to reach out to those homeowners and, and, give them an update of where we're at.
Denise:
Can I just make one suggestion? Is there any possibility of looking at other parties to help share in the cost?
Chris:
That's what the HOA’s supposed to do. That's what it's supposed to be for.
Denise:
Well between the Master Association and the HOA maybe. We've been talking about this for two years so my understanding is part of the fence is even on city property.
David:
That what?
Denise:
Part of the fence is on city property. Regardless, why are we taking it on 100% of the cost of it?
David:
Because in the organizational documents of the Master Association, it says you guys are responsible for two things: enforce the design guidelines that were adopted in on February 24th, 1986. And those design guidelines are these. The second thing they were required to do was, process and be a party to, the architectural conformance or requests in conformance of the architectural guidelines.
It goes on to say that in the absence of the Master Association, the district may. And since that fence found its way onto our property, may became it's yours and there's no evidence whatsoever of it. And and while we remain in a position to prove that, the homeowners aren't denying it, but we're stuck between what is a rotten fence at $60,000 and, and, and and and the off and the offer to paint it to give it a little bit of life.
I don't know who else would. The sub association has abandoned those homeowners. Yeah. If I may. Abandon those homeowners, they take in $400,000 on an annual basis amongst all their members. They spend this last year they had a fence budget of maybe it was either 3 or $3900. Nonetheless, it is the it is it it's the perimeter fence to their community. They take care of all the other perimeter fences in their community, but not that one.
And regardless, all the other sub associations, there's been a number of situations, whether it's, entryway, landscaping, median landscaping and water use, this fence situation where we run into this, unbalanced inequity between homeowners all paying the same thing, but only a portion of them getting a benefit and others not and or paying for it. And this is one of those. And so no one is stepping up. Right. Right. We're in black and white as being the one responsible. So it is, as Director Lowen said, either I think we need to be prepared to remove the fence, I truly do.
Denise.
I Agree.
David:
And but we'll let let's get the let's get the, council is shaking his head. Not that he's in favor of it, but that's where we put ourselves. And it's our only right as private property owners. And we have an obligation to the residents to diminish, if not eliminate, the liability that exists there. Right. So we'll get the other two proposals, well we'll circle the wagons and, and and be thoughtful, in preparation to act in June.
Chuck:
Quick point of clarification. You said put the fence in, on the on the homeowners plot line. Yeah. Or in our easement? No. On the homeowners?
David:
In their, on their lot. Even though our resolution offers an easement for maintenance, we can't force them to take it. So there's no.
Chuck:
Unless it's on their.
David:
Unless it's on their. Okay.
Chuck:
Get shrub removal in there.
Kim:
We're just going to point out that you don't have any right to build it on their lot either. You'd have to get an easement from them.
David:
Excellent reminder. We couldn't pay for it if we wanted. What a mess. What a mess. Okay.
Chuck:
Should we start this discussion again or should we go home? No, no.
David:
Director's item 13C constituent request. We had some folks talking about pickleball and tennis courts during this pandemic. And, and, and I think it's a great idea that we have some outdoorsman. Even riding over here, I thought is I think you made mention of to to replace the skateboard park. Might just take care of, not only the the tagging and the graffiti and the vandalism, but also the the threat to our community, during this pandemic and and in the future.
But really. I mean, you were young once. Weren't you?
Robert:
Never with a spray can.
David:
That that being said, I'm just wondering if if if we shouldn't, consider these request we have, and get a report from Eric, or Amanda from our financial folks on the funds available to us through the Colorado Trust account and, recount the budget for those types of capital improvements this year.
And, seriously, take it into consideration the possibility of of expanding the facilities within one of our parks that could include tennis and or pickleball. I'm not so sure that if the pickleball was right next to the skate park wouldn't do the same thing, but.
Robert:
At least it's an adult venue, and maybe that'll take care of it. I'm sorry? At least it would be an an adult venue. I'd say just replace the whole thing, and then maybe we can, barter with some city money that we gave to them.
Denise
Yeah. There's still you know.
Robert:
With the dissolution of the park authority and then. Right. But with the, preponderance of across the nation, feverish, trend towards pickleball.
Denise:
Oh. Totally.
Robert:
I'm a fan of pickleball. For all the residents to come together.
Denise:
It's been asked for, for. Excellent. Over and over and over so.
Robert:
Marvelous. Look forward to it.
David:
We have plenty of dirt. We have plenty of dirt. Let's see what the what the what the budget is like lets engage these folks and and, with a little bit more information, may put it into some form of, committee or or form, in June to look into it seriously. What do you guys think?
Denise:
Yeah. Excellent. Get a little more information. But when we did move the money from the Parks Authority to the city, it was very much a priority to consider pickleball courts. I mean, that's definitely the large consensus of those who spoke up.
Robert:
And those were substantial funds, as I remember.
Denise:
It was like 800,000.
Robert:
$800,000. So, yeah.
Denise:
So and, and we wanted to use it on the side of I-25 since that's who paid into it, etc., etc..
David:
I just remember not to belabor the issue, but I just remember the sticking point there, which was that while the park authority was willing to spend the money on the new improvements, they weren't giving any consideration for maintenance. And so while we'd cross that bridge with different partners, this time, the city who has just put in a new multi-fitness court. Fitness pad court, who they've got to maintain as well. Yeah, we'll bring it up. We'll get some more information from Pinnacle.
Chuck:
Excellent. I agree with the pickleball, but I think that we're foolish if we think we're going to trade skateboard parks for no graffiti and pickleball courts, we'll have it. We're still going to have the same problem. But I think that the pickleball courts for this community is more receptive venture.
Robert:
Pickleball courts and one camera.
Chris:
Well, I would also add that we, you know, we definitely would need to pull the community because I'm not a skateboarder, but we do have young people, and we have to have enough stuff for young folks to do and even tho I might want to do pickleball or tennis we do have other folks to take care of. So we'll probably, you know, I'm I like the idea of the committee and just the city should already have this set up since we’ve turn this over to them. But, it probably calls for a survey of the community and see that type of stuff.
Robert:
In serving the community due to the vandalism, more adult presence in that area would facilitate the community better.
Denise:
That. Sorry going back again, but setting up a camera is not ridiculously expensive, is it? I mean, why not?
David:
Well, let me. Okay, so we got somebody to give us a picture of a profile of a kid, and so we don't know who it is. I have no less than three days of video of, of all of these hoodlums.
And I say that, simply because it was absolutely it was behind a fence, it was behind a gate, behind the sign. Even when bringing it to their attention. And one of our staff members, David, who put himself in harm's way just to protect this community, advocate paying attention to the gates, the fences, the chains, the locks that the signs challenged him.
This is an older individual, right? I've got all their license plates. And I wouldn't hurt my feelings at all to do the investigation and call them out publicly as being people that contributed to this kind of discord in our community. But, you know, while that's not what anybody really wants they just want some cooperation and some camaraderie. And, and, this whole pandemic is created some nuances that we had dealt with before and there's going to be some good and bad. But, a camera, unless we are prepared to act on that. I'm saying $1,000 would be a heck of a way to begin the month of of, finish May and begin June, letting the our residents know that the district is up the ante from $250, to identify violators to a thousand. What do you say?
Denise:
I'm not. I'm not. I'm not opposed to anything. Something needs to be done, for sure. Yeah. So I just wanted to. So appreciate that. Have that consideration. Yeah I.
Chris:
So. So is there a sign at the park that says that?
David:
Says what?
Chris:
I'm sorry, that there is a reward for any information on people vandalizing. Do we have a sign there?
David:
We put no we put it out in an email blast to every one of the residents that we have a, get and we put out a battery of pictures and we $250 and we didn't get any takers, or at least we didn't get any that has made a difference. It's only gotten worse. That being said, I'm just wondering, is it a camera that's next in line to be vandalized, or is it, is it, you know, the thousand bucks that was well spent to curb this from continuing? I don't.
Chuck:
You put up signs you got a place to put graffiti that's been proven.
David:
But we're on our third city signs.
Chris:
Or target.
Chuck:
Or target. Real quick story. Down on my trash container village square, I have a big signs up that say, smile, you're on Candid Camera. We don't have a camera. But, in $500 fine for illegal dumping, I get couches, I get TV's, I get Christmas trees. I don't, and so so we caught one guy one day with his truck he was emptying a bunch of cans into my container.
One of the tenants saw him took a picture of his truck, got the license plate, called Douglas County Sheriff, and they came out and I gave him the license plate number, they said, we'll run it, we'll take care of it. I said, fine, I got a call from sheriff's department in Douglas County and they said, well, we know who it is and give you the name, but we're not going to pursue it.
I said, why aren't you going to pursue it? And he says, well, it's for 500 bucks it's not worth it for us. And I said, well, give me the name. Turned out to be my painter with with my stuff. So we got that.
David:
Do we want to up the ante or do we want to take that under advisement for next meeting?
Denise:
Next meeting maybe.
Chris:
Well, I'm okay.
Robert:
I'm upping ante.
Chris:
Next meeting, but I'm okay to up the ante.
Robert:
Up the ante.
David:
Do we need a do we need a motion? Counsel in that regard or can we.
Kim:
Is that in your rules and regulations? That $500 fine.
David:
It was in a previous action, the 250, it's well within our right, I'm sure.
Kim:
Yeah. If it's not in your in your rules and regs, you can do it by motion now if you want. If it is, we'll have to do it next meeting.
David:
Well before I convene or adjourn this meeting, we've got a motion on the floor to increase the reward leading to the, information, potential arrest and conviction of the perpetrators, defacing and or vandalizing the the community property of the castle City of Castle Pines North from $250 to $1000. Do I have a second?
Chuck:
I second it.
Board Voting All Speak:
Is there any further discussion on the matter? Hearing none indicate a yay or nay when called upon. Director Lewis. Yay! Director Crew! Yay! Director Merritt. Yay! Director Lowen! Yay! Director McIntyre is a yay! It passes unanimously.
David:
Thank you again all. Sorry for those online for being so long winded. It's been a while. But appreciate you tuning in. Have a good evening.
Chuck:
Do we need to make a motion to?
Kim:
We do. So may that the we terminate the board meeting.
David:
Adjourn the meeting. We've got a second from Director Lewis.
Chris:
I second the motion to terminate or adjourn the meeting.
David:
All those in favor indicate by saying I. I. Opposed hearing none motion adjourned or meeting adjourned.
Robert:
Happy birthday.
Chuck:
Motion two. Somebody want to come over here and share some of this with me?
Describer:
Meeting adjourned. Thank you for watching.