September 26, 2022 Video Board Meeting

Transcript

AGENDA

Board of Directors Meeting

Monday, September 26, 2022, at 6:00 p.m.

7404 Yorkshire Drive, Castle Pines, CO 80108

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

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

III. Consider approving the September 26, 2022, board meeting agenda. IV. Consider approving July 25, 2022, board meeting minutes.

V. Consider approving the board’s August 17, 2022, study session minutes. VI. Consider approving the August 22, 2022, board meeting minutes.

VII. Public comment period. (Three-minute maximum per person).

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

A. Two dozen pickleball players and enthusiasts participated in the groundbreaking of our five new pickleball courts in Coyote Ridge Park on September 6, 2022.

B. We contemplate a construction-and-weather-dependent grand opening date of the pickleball courts in January or February 2023.

C. Recommended location options for skatepark facility reconstruction.

D. Consider adjusting the existing three-phase Coyote Ridge Park improvement plan to accommodate new skatepark facilities.

IX. Finance Director's report.

X. Legal Counsel's report.

A. Consider a draft resolution mandating the board discuss concerns about contractors and staff exclusively in CPNMD Board Executive Sessions.

B. Status of Lagae lift station and potential litigation against the developer.

C. Family Medical and Leave Insurance (FAMLI) Opt-Out hearing is scheduled for the board’s work session on October 19, 2022.

D. Update on Aurora/Brighton water sale closing.

E. Update on Stormwater IGA closing with the City of Castle Pines.

F. Update on the proposed transfer of parks, trails, open space, and recreation responsibilities to the City of Castle Pines.

XII. Interim District Manager’s report.

A. Consider scheduling a special study session in October dedicated to 2023 budget-development priorities and process.

B. Consider rescheduling November and December 2022 study sessions and board meetings.

The Castle Pines North Metro District provides clean, safe, reliable, on-demand drinking water, wastewater, stormwater, parks, trails, and open space services to the people of Castle Pines, west of I-25.

Board meetings are available for viewing via live video stream and video recording at cpnmd.org. (Page 2 of 3)

C. Public tours of our newly renovated water treatment plant.

D. Review planned water treatment plant improvements and upgrades for this fall, winter, and spring.

E. Review short-term modification of operations with Centennial Water & Sanitation District, temporarily impacting CPNMD’s use of its InterConnect Pump Station & Pipeline and temporarily shifting CPNMD’s water supply to its network of deep-water wells in the Denver Basin Aquifer System.

F. Launch of Nathan’s News.

XIII. Directors' matters.

XIV. Adjourn.

Describer: The video starts on graphic with a white background and forest green letters which says “Castle Pines North Metro District Board Meeting September 26, 2022”. The meeting opens on a shot of all board members present. There is also a T.V. screen showing the Zoom meeting for people joining the meeting via Zoom.

Board President Chuck Lowen:

Good morning everybody or good afternoon everybody. I'm Chuck Lowen and this is the Monday, September 26th board meeting of the Castle Pines North Metro District. Welcome those here and also on zoom. I'd appreciate if everybody would join me in the Pledge of Allegiance.

Describer:

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

All Speak:

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

Chuck:

Thank you very much. Let's get right into the agenda. We'll do a roll call and let me know if you have any potential conflicts.

Board Member Director Jason Blanckaert:

Board member Jason. President. No conflicts.

Board Member Director Denise Crew:

Board member Denise. Present. No conflicts.

Board Member Director Chris Lewis:

Board member Chris. Present. No conflicts.

Board Member Director Tera Radloff:

And board member Tera. Present. No conflicts.

Chuck:

Thank you. We have a quorum. I'd like to look at item number three, which is consider approving the September 26th, 2022 board meeting agenda. Which is what you have in front of you. Do I hear a second?

Board Voting All Speak:

Second. All in favor? Aye. Aye.

Chuck:

Moving to number four. We'll take these individually since some are back in July. So let's look at number four first. Which is consider approving the July 25th, 2022 board meeting minutes. Has everybody had an opportunity to review those?

Describer:

Denise nods her head yes.

Tera:

Okay. I have, I have some minor changes.

Chuck:

You have a what?

Tera:

Minor changes.

Chuck:

Minor change, okay. And what would that be, Tera?

Tera:

So on page one. Is my mic okay guys? Are we good? Okay at the bottom of the page it's under that last paragraph. I think it's like the second or so sentence regarding design of the lift stations. It says list. Okay. It’s lift. Spelling. F as in fox.

Chuck:

Okay, good. Okay.

Tera:

On page three, second paragraph. Like the top third it's talking about best candidates. One within Mr. Travis fills that role. It's role.

Chuck:

It's not a donut. Is that what you’re telling me?

Tera:

That's what I’m saying. On page four again. One, two, third paragraph last sentence. And I think it is meant to read both are willing to consider something. And that's all I have on that. I'll make a motion to approve those with the minor edits that I've suggested. Second it.

Chuck:

I have a motion and a second.

Board Voting All Speak:

Director Blanckaert. Approve. Denise. Approved. Chris. Approved. Director Radloff. Approve.

Chuck:

All righty, item number five. We have the August 17th, 2022 study session minutes. And I hope everybody has had an opportunity to read those. Any.

Tera:

So Mr. President, I have not had an opportunity to read the next to the August meeting the city or the board meeting minutes so.

Chuck:

Would you like to carry these over to next month, or would you?

Tera:

May I make a motion to carry those over the next month just so I can review.

Chuck:

Okay we have a motion to carry over the July 25th. I'm sorry the August 17th study session minutes. And the August 22nd board meeting minutes. There's a motion on the floor. Do I hear a second? Second. We have a second call for the, any discussion? Call for a vote.

Chris:

Has everyone else reviewed the minutes or no? Yeah. Yes. You guys want to carry it over or you still want to vote on it?

Jason:

I mean, if Tera's not comfortable then I think we can postpone it. If Tera’s It is not comfortable. I think we can postpone it until next month.

Tera:

Or maybe we can, you know, make a motion and if you guys are okay with me correcting any errors like that, not material changing the notes. By the way, nice job. I mean really nice job on them. So if you, if you guys don't care about the if you guys don't care about the grammar and you want to give me, you know, say the approve with the edits that will be made, if I find any grammatical errors. I won't material change, I mean.

Chris:

I'm okay with that.

Chuck:

Can you modify your motion then, Tera?

Tera:

So I withdraw my motion to move the meeting minutes. And I make a motion to approve the August 17th study session minutes. And the August 22nd board meeting minutes with any grammatical and spelling errors corrected.

Chuck:

At the October board meeting, or?

Tera:

I think Director Lewis is saying that he doesn't want to kick it forward.

Chris:

No well, no.

Chuck:

We'll approve the minutes to today, but you're going to make corrections at the next meeting or. Yes.

Chris:

Yeah, or a later time.

Chuck:

Is that okay? Okay.

Chris:

I second it.

Chuck:

Any further discussion?

Board Voting All Speak:

Director Blanckaert. Yea. Director Crew. Approved. Director Lewis. Approved. And Director Radloff. Yes.

Chuck:

We will, I voted yes. And we will check those grammatical or spelling errors or anything else you find. I appreciate that, Tera in October. Moving to the public comment period. Item number Roman numeral seven. I have two, two people on the list. Which is Laurie Ball and Marv Tibbitts. Laurie, you're on the list first. Would you like to speak? Go ahead.

Denise:

It’s the one that looks like it's shouting.

Describer:

Denise said that to help Laurie know which button to press to turn on her mic. Laurie is speaking in public. She walks up to the podium and once she is done she will sit back down.

Laurie Ball Castle Pines Resident:

You think I'd know by now? So my name is Laurie Ball. 15 Breamore Ct, HOA#1, Royal Hill. So thank you for the opportunity to let me speak tonight. And I just have three points I wanted to make. One is I haven't been here physically, but I have been listening to the recordings and I appreciate those being online. After listening to the July and August recorded board meetings, I wanted to ask you all as a board to please get educated about the Sunshine Laws. And absolutely no daisy chaining calls and stuff.

So I just want to let you know, you know, if you can get not we, the attorney. And can get you guys on board with that. Then second, if you could please provide openly in the public updates on meetings that have transpired with the four potential inclusion partners for the public to hear and get on where you're at in that process.

And then third, this comments really directed more to Commissioner Crew. You mentioned in the last board meeting I heard on the recording last month that you were looking into the board was looking into Centennial for metered water. My question is if we buy more water from Centennial the metro district in the metro district continues to operate. Where are we at with renewable water?

I know the previous board members. That's why you guys were all brought on, was to find us a renewable water source. And to me if you sold, you've already sold the water rights to Aurora. And so we lost that piece. And I don't think Centennial can provide renewable water sources for us. Only leasing water sources to my understanding.

So I'm happy to get more information. But I have done some investigation on this and that's what I found out. So I feel that Director Crew's statement totally negates the will of the voters. For an inclusion partner with a district that has a renewable water source. And I'd also like to plug once again, Parker. Because they pretty much have this all figured out.

And they're part, and partnering with them would bring both sides of our city together. I-25 east the canyons area and then also I-25 west and we'd have one water district. And then they also appear to have the support and the ear of the Douglas County commissioners. I've heard the meetings. They came here. We heard Commissioner Thomas speak about funding.

They're looking at getting from the American Rescue Act. And so they apparently have their ear. So that's important. And if they also get their money, that's even better. So in closing, almost 96% of the voters back in May 2021 wanted this inclusion to happen with Parker Water. I think it's worth this board revisiting to see how you can make this happen.

And I would just ask that you put aside past issues with old board members, put aside egos, and for the sake of this community that you guys revisit, you know, Parker Water and other inclusion partners so that we can move forward with this. Thank you.

Chuck:

Thank you very much, Mrs. Ball. Marv Tibbitts.

Describer:

Marv is speaking in public. He walks up to the podium and once he is done he will sit back down.

Marv Tibbitts Castle Pines Resident:

Glad to be here. My name is Marvin Tibbitts, 1401 Castlepoint Cir, Forest Park. I guess I echo pretty much everything that Laurie said. In that we were almost to the wedding with Parker and things just blew up. Parker is a very excellent organization. They know what they're doing, and I also believe that having one water, water and sanitation supplier east and west benefits us. So I would like to see us get back with Parker.

I talked to Ron Redd this afternoon and he said the meeting that, that you had. That Chuck and Tera had. On the, I believe the 8th was an excellent meeting and that he and you, you all were looking for more meetings to try to bring things together. I think it would benefit both Parker and Castle Pines if we could make that work.

The reason the citizens voted 96% was because things weren't being run well here. And we had no future renewable water. Parker can give that to us. As I understand it, Castle Rock really isn't interested. In fact, they're looking for water. Aurora isn't interested because of the distance for the pipeline to get water here. And since Centennial wants to sell us water on a wholesale rate but wants nothing to do with our sanitation system and our pipelines, sewer systems, etc. and I'm pretty sure I have that correct.

So I would ask you to please work with Parker and see if we can't make this marriage work. Because I think they are a very viable option for us as well as for them. I would also like hopefully tonight an update on where we are with the eight items that caused the divorce, if you will, or the non wedding.

I want to see if we're making progress. How much progress are we making? I mean it's, it's been. It's been December 10th, 11th since we knew it wasn't going to happen. And one would hope that we've been doing a lot of work to close those issues. So I hope I hear more on that tonight. That's all I've got. Thank you very much.

Chuck:

Thank you very much, Mr. Tibbitts. Yes. Anybody here at all? That's it okay.

District Manager Nathan Travis:

Need to check in with zoom people. Go ahead. Oh, we just need to check in and see if anybody on zoom wanted to speak or whatever platform.

Chuck:

Did we have one on zoom? We have two on zoom. And who do you have on that?

Nathan:

It looks like only one person isn't with the district. Sadie is with CRS, so I don't remember the name off the top of my head, it'd be. Kathleen Steffe

Chuck:

What's her name? Kathleen. I yeah, I gave you that sheet. Kathleen. What's her last name? Kathleen Steffe. Steffe. Is she on there? Yeah.

Denise:

She's on but I don’t know if she wants to speak. She what? She's on but I don't know if she wants to speak.

Chuck:

What's her last name? Steffe. Steffe, Kathleen Steffe, are you available?

Kathleen Steffe Castle Pines Resident:

I am here.

Chuck:

Okay you have the mic, welcome.

Kathleen:

I've got no questions, no comments, just listening.

Chuck:

Okay thank you very much. All right we'll close out item number six seven. And move on to park trails and open space, David Anderson.

David Anderson, Parks, Trails, and Open Space Manager, CPNMD:

Good evening, you have my report for this month's activities. If you have any questions, please ask as now. Well, okay. That wasn't very professional.

Denise:

It's okay, I do have a question on number three. A major electrical ground short. Can you explain what that means?

David:

It means that back in the day, they didn't put all the electricity into conduit. And over the years, 27 years or so. It's if they had a little nick, it's worn into the little nick. And then, then the ground fault goes to the ground and it breaks, shuts the breaker off to the electricity. So then we have to trace it to find it and dig it up and repair it at that.

Denise:

So for this, what does it mean? Does it turn off the water then?

David:

No, no, no. That just turned, that just turns off the clock at that point. And then and then we have to spend all of our time looking for the fault and then. Okay. Repairing it then it will.

Denise:

So if the clock gets shut off, then the water is not water at all. Correct. Right? Yes. Okay. I wasn't sure what that meant, so thank you.

Chuck:

David, on the slow, slow flow that is done for the year. Correct. And what was the end date? September 30th. Okay so anybody that wants to sign up for it today will be.

David:

For next year.

Chuck:

And when does it start?

David:

When we turn the water back. Or on their side it can start anytime they start watering again.

Chuck:

Okay when the, really when the irrigation.

David:

When the irrigation is running, correct.

Chuck:

Okay, okay I don't think I have any more. Any other comments, board? Yes. Yes oh hi Tera.

Tera:

Thank you. Thanks Dave, for your report. So it says recommended location options for skatepark facility reconstruction. Do you have locations for us that you've recommended locations? Were they in there?

David:

Nathan and I have looked at several. Okay. And he can give his opinion.

Nathan:

Yeah, so David and I have just done some overall like looking at the maps of the district. And we've toured a couple sites right now, the one that looks the most promising, and I always forget her name with the pickleball court company. Carol. Oh, Carol. And I sent Carol an email late this afternoon, so I wouldn't have expected her to respond to it. But the site that looks the most promising is actually another section at Coyote Ridge Park.

It's more on the southern side of the park. There's an auxiliary parking lot over there and an open space that's right next to it. So we want to get with Carol and have her evaluate it and look at it. There's a pretty decent flat area right there. That parking lot doesn't get a lot of use. So it would be a good way to take advantage of that parking lot.

There's also a fairly significant hill that's right off the side of the parking lot. As a former skate park rat, I've spent a lot of time in skate parks. And so using existing topography like that to be able to put in things like half pipes and ramps can save you a lot of time and money and give you a really distinct, much lower maintenance facility too.

So we'll get Carol out there and see what she, she'd see, what she thinks. There's a lot of work that will have to go into it evaluating utilities, drainage, easements and all of that kind of stuff. But right now that's our most promising candidate.

Tera:

Okay, so for the benefit of our guests who are attendants, thank you for coming. A lot of Dave's report was we had two dozen pickleball players and enthusiastic people who participated in the groundbreaking of our pickleball courts. Which was September 6th. So those were definitely, that was well attended. One of the well attended events I've seen, it looks like we're contemplating construction, whether dependent grand opening of the pickleball courts in January or February of next year.

We just talked about that. And then do you need the board to do something? It says consider adjusting the existing three phase Coyote Ridge Park Improvement Plan to accommodate the new skate park facilities. Or will you be coming back to us based on when you get that recommended location?

Nathan:

Yeah, so we'll look at that based on the recommended location. Right now, the skate park is the third phase of that program. So with the huge amount of public outreach that we've had from users and parents of users at that facility. It seems like it's much more pressing to look at getting that done sooner. And then this isn't in David's report. But since we brought up the pickleball courts, this is all within the last few hours.

So if you haven't even substantially talked to him about it yet. We are, we're not at a point where we're going to be moved off of the target opening date that you just announced. There is a pressing issue with the wellhead. So that needs to be removed. And so the bigger issue is we can't pour concrete until that wellhead is abandoned with our current approach.

So we're looking at potentially putting in two thirds or three quarters of the pickleball courts and then coming back and doing it. We have to allow access for a very large well rig. And we don't yet have approval from the state to abandon that well once we actually were able to get a camera down it. We've down the well, the existing well casing.

We found that the conditions were much different than we anticipated them, which required us to go back to the state and give them an opportunity to review another abandonment plan. We have asked that they do that on an emergency basis. We have asked that they give us the ability to move forward with the plan as we have it. And then get approval along the way.

We still haven't heard anything back yet from them, so we're a little bit of about a month and a half into that process. And we still haven't heard any return. So that's the biggest pressing issue on that whole pickleball court is going to be getting that well abandoned.

Tera:

Yeah, I read that and I don't, I must have been your report. So that's and obviously that's I'm only throwing out the date that was out there. I mean obviously we have to that's not, that's not set in stone or anything. It's just a kind of a target date right now. And then on the, the irrigation controllers that took care of the irrigation in the north open space. What's the north open space?

David:

That's the corner, corner of Castle Pines Parkway and Monarch to the northeast.

Tera:

And, and so those are not working and?

David:

They, they, they have been down. We have repaired them as of last week. So they're up and running again.

Tera:

Awesome, thank you. And then yes, Goats On The Go have been in the district and I saw them. You can see them coming up Monarch. And they're making people really happy. I was at a reception with a lot of the business entities on the elected officials right before this. And there were a lot of people who had commented on those. They had seen those. So thanks for doing that. That's great.

Chuck:

On the irrigation controllers. You say we were working on it. But I've only seen you in the whole dig in every day. So thank you for your, your effort.

David:

It's usually me.

Chuck:

It is usually you and thank you very much. You're welcome. Relative to the skate board Park, I know that there are a lot of young people that are interested in that. But I've also heard from certain residents around Coyote Park that would not like to see the skateboard park.

So I think it could be a very, I think, politically motivated issue if we don't share our ideas with the community. Once we get Carol to Carol Henry. If she's the one that's going to do the architectural rendering, put the location together. And I think we should present that to the community and get some feedback. Because there are, there could be issues and I don't, I don't do anything on a skateboard park.

I don't even get near a skateboard. But a lot of young kids just thrive in it. But I've heard that this is a place to, to smoke, to do graffiti, to just be kids after dark. And I'm not sure that that's a location where we want to do that, but. So let's consider presentation to the community once we decide where we think the best location for that skateboard park is in relationship to tennis courts or other pickleball courts. Depending on what Carol Henry has planned.

Denise:

Can I make one quick comment when you said about abandoning the well and I know that's taken some time, but you said we could. If we're doing five pickleball courts. Maybe we could complete 3 or 4. It's not going to hold up all of the construction, just one location.

Nathan:

Potentially, so David's got the concrete guys out here next week anyway to look at it. The pressing issue is that they're post tension slabs. And so that requires a certain amount of access available to the edges of, edges of them when we're, when they're poured. So it's really about them coming back through and determining whether or not that's something that we can do. Or another way we might be able to modify the plan.

So if we put. There's 12 total of them, if we put eight of them on post tension slabs, maybe we can do a different subgrade approach and put the last four of them on a typical slab. But there's, there's some conversations that still need to be had about the potential of moving that forward. Okay, thanks.

Chuck:

When you were describing that particular wellhead site to me. You'd indicated that there was a hole that was knocked in the side at one at some point in time in the past. And now you're telling me that that I'm hearing it's, it's worse than that or it's not as bad as that or what information did you get at this latest inspection?

Nathan:

I'm talking with lane contractors. The conditions were just different, I think. And I'd have to talk to Mike to speak more authoritatively on it. The biggest issue was is that the actual pipe column isn't in the condition that we thought it was, that it was existing the, the hole that was caused when they tried to tie it into another well was already corrected.

That's what allows us to use A5. It's the, it's roughly it's got to be close to three quarters of a mile long of, you know, eight inch casing that we need to fill with slurry. I think one of the biggest things that we're looking at is the consistency of the mixture that we put in, put down in there to make sure that it gets all the way across, that the horizontal part of this well provide, presents a bunch of different issues that you don't usually see with the well abandonment. Where you just have a straight, you know. Vertical column that goes down.

Getting a plan that the state agrees ensures that that entire drill, that entire bore path has been filled is the tricky part. So Mike didn't give me a lot of, Mike Woodlane Western, didn't give me a lot of specifics around like what he meant by the conditions were different than we found. But I can certainly pull that together.

Reach out to Kennedy Jenks, they're aware of it. Talk to Lane and find out exactly what those conditions were. But I know it involved an adjustment to the type of slurry that we were putting down in or the consistency of it.

Chuck:

Okay, sounds a lot more technical than we thought it was going to be. Maybe yeah okay, thank you.

Chris:

I do, on the, back to the skate park. So can we have that presented next at the study session? Will we have the study session or the board meeting next, next month please? So pretty much what I'm looking for is the plan on the skate part. That was in the original plan. And I know was, we talked about whatever phases it was going to be. It was going to be pulled into phase two.

And the plan, the whole presentation on that whole site was already shared with the residents and everything else. But we started to pick a ball. That's one set of our constituency, and we still have other constituency that we need to serve. So I'd like to see that, that's be presented next, next month? Whichever session we want to present it. So if you guys can get with Carol, that will be great.

David:

Yeah, she'll be out. She'll be out Wednesday. So I can direct her to that. To proceed in design. Thank you.

Jason:

I had a comment and question about the pickleball courts. I've had a lot of people approached me about the noise and the noise abatement, abatement that was proposed. And knowing the neighborhood very well, I can see how this was going to be a problem. With pickleball starting at 8:00 in the morning and go until 9:00 at night. And just having the bouncing of the balls constantly in the background. I know that somebody proposed a. Sound barrier. Sound barrier that goes on the fence, yeah. Where do we stand with that?

David:

Actually, she sent an email today and we're waiting for the cost to upgrade. There's on the west side. We'll have to upgrade the casing on the post and bigger post to hold the barrier itself, so. Okay. She is waiting on that cost. So hopefully she has it by Wednesday.

Jason:

Okay great, so we'll know next next meeting with that. Correct. Perfect, thank you.

Tera:

I appreciate you bringing up that Director Blanckaert because I know that we did receive, we did have a well attended groundbreaking on that. So there is a lot of excitement within our community. But there were also, we received a ton of email. There was a significant amount of concern with the sound with the pickleball courts. Which I can attest to because whenever you're up in Vail you can hear them from 8 a.m. to the time that they close in visiting with the pickleball community. They seem like very reasonable people, at least the ones that attended.

They had some great ideas on, you know, we're going to have to come up with a scheduling system. And they had some really good input and would like to be included and consulted in kind of those conversations. So when we get to a point where it makes sense to put that on, maybe a study session or something. Maybe we can invite them to come back and, and take a look at that.

But, but I want to concur with Director Blanckaert and say, we did hear your concerns regarding the sound. And thanks for reaching out to us. And, and sounds like we have a plan, at least to look into the cost of the wall. Yeah.

Chuck:

When Carol Henry does give us a plan, and. Mic on. Mic. When Carol Henry does give us the plan and shows where the pickleball courts could be. And we want to present that to the residents. I think that'd be a good time to have that discussion.

David:

Yeah, we like I said, going to upgrade to sound Barrier on the West End. And also we've talked about planning a lot more trees in that vicinity to knock down the sound as well, so.

Chuck:

Thank you. Okay, anything else? David, thank you very much for your report. Is it complete? Are you good? We're good. All right. We're good. All right we'll move down to the finance director's report. Nathan, is Phyllis Brown on the zoom? Yep, so it looks like we have both Phyllis and Sadie with us.

Chuck:

Okay Phyllis, welcome.

Phyllis Brown, Director of Finance and Accounting Community Resource Services of Colorado (CRS):

Hello. How are you?

Chuck:

Fine, how are you?

Phyllis:

Well I'm good. We're making progress from the last meeting, so that's good. And as of today, I actually was able to get online bank access. We're also in the general ledger. So we're now able to start working on getting things caught up from where they were when pinnacle stopped. And I think their accounting stopped in April.

So we have some catching up to do. And then also working on the audit that we're still working on. Nathan and the auditors and I had a call. I can't remember, Nathan. That was last week. To discuss where we are and how we move forward with getting the items together for the audit. So Sadie's going to conquer, working on the accounting, getting caught up. And I'm focusing on working on the, on the audit to get that caught up.

Chuck:

So you are going to catch up on May, June, July, August and now September we get. Yep, yeah. That's a, that's a big task. It is. And first of all it is. First of all I want to thank you for jumping in with us. I really appreciate your support and your knowledge to help us get through this period of time. That just was the perfect storm. But I feel confident that you guys can get it done. And we look forward to some reports in October.

Phyllis:

Yeah, we should have made some progress. Sadie is focusing primarily. She has a couple other districts. But really we have her focused primarily on your district to try. And help get caught up. And so I'll be helping her do that along with my duties as the director of finance.

And then as soon as we can get audits filed and the preliminary budgets out. Because that's the next piece we've got to get done for you. The board will receive the draft budget by statute. You're required to get that to the board by October 15th. So that's not something that gets distributed out. It could be very preliminary. And so we're going to use the numbers to the best of our ability.

I could talk with Nathan about that. And, and that'll kind of be the starting point from where we go as we get better numbers and have a better idea by the deadline of filing the final budget and getting that approved.

Chuck:

All right, thank you very much. Is there anything that you need from us to help your job move along. Or have you gotten everything that you need?

Phyllis:

I think we're still working through that. The pieces from the audit are what I need to put together. Some of it. It looked like there was some capital assets discussions going on with Jim Worley and the auditors.

And so I need to circle back. And the auditors, you know, have been helpful. And so I'm going to circle back with them to see what documents they have. Because I don't have, I don't see that we have all the audit work papers. And I'd like to get my hands on those. Because that helps me figure out what, what's in each account and what we need to sort out.

So once I get that, I'll have to come back to Nathan or whoever else to say hey, to figure out there was a lot of repairs that Mason and I talked about that probably our capital assets. And so we've got to sort some of that out. So I'll need some district help to do that part. Okay, board?

Tera:

Phyllis, didn't you say I thought Nathan had said earlier that you guys were kind of already working on that with the capital. Those repairs and maintenance and which ones were.

Phyllis:

Right, we have some of that. But focusing our efforts on. There's a lot to be done. We're just trying to focus our efforts on what we need to get.

The budget needs to be done for getting our arms around where the cash position is. Luckily, we're not worrying about having to pay the bills because the district is, you know, has enough cash to operate. So that's not the case as to some of our districts as they get behind. So that part's okay. But we need to get that caught up as soon as we can. Okay.

Chris:

So question. So Phyllis. So I guess confirming. So we'll have the, the draft budget by next month, 15th or something like that.

Phyllis:

Yeah, that'll just get distributed by email to the board members.

Chris:

Okay and we haven't been doing any ratifications and approvals or payables in the last couple of months. What's the impact of us not doing that for all these months or what are our responsibilities, risks, fiduciary duties, all that type of crap?

Phyllis:

Well, we'll just get it caught up as soon as we can get you that list. The claims we should be able to, be able to pull now that we've got the general ledger. And we're getting familiar with that. Amanda had done a nice job of getting, walking us through a transition meeting. And it took a while. But we finally got access to that meeting that she had with us just the other day.

And so Sadie's watched that, and I need to watch that, because that gave us a lot of information on how to get everything out of the system and what, what they gave you and what you need to see. So I'm hoping we can get that and get the claims court up for the next meeting.

Chris:

I understand you're working through it. My question is what's the impact and the risk to us?

Phyllis:

I don't, I don't think and I'm not I can't answer legally wise. But I don't, but I don't think that there's an impact. We don't always do the claims every meeting for all of our districts. And it's not a statutory compliance issue. It's just a board item. Financials, claims. So that can be put on hold until it gets you the numbers I think. Counselor.

Legal Counsel Kim Seter, Esq.:

Yeah Chris she's right. We have districts that don't review their financial sometimes for an entire year because they only meet once a year. Some meet every six months. So there is no statutory requirement that you approve those and review them every month.

The important thing is that Phyllis gets them caught up, straightened out. And then we know that there isn't anything, some pile of money missing or something like that. And then you'll approve them and off we go. Thank you.

Tera:

But he also had a question on like the payables and stuff. And since there's seems like there's not any check and balance on those since we're not seeing any reports on that. So if there's a bill that got paid or something that shouldn't have been, then what's the recourse?

Kim:

We'll have to look at that. If that happens, if there's something that should not have been paid we would of course try to get that money back from the contractor or whoever it was. But until we see how it happened and why it happened, I can't answer your question.

Chuck:

The bills that are being paid are on your signature Nathan, or on Jim Worley's or probably yours?

Nathan:

Yeah. In terms of the ones that we're getting caught up on, some of them are Jim's. Some of them are on my signature. In terms of the actual check. Denise did a couple of months of them.

Chuck:

But you've seen the bills?

Nathan:

Correct, yes. In terms of, in terms of that process they go through multiple staff members depending on who it looks at. So Parks and Open Space, David reviews all of those to make sure that the, you know, the amounts matched what he was expecting. The work that's actually been done. I do all of the utility side with help from Will. I double check anything that I might have any questions on seeing where we're at with installations projects?

Susan has a really good handle on a lot of the other office stuff, some more of the historical coding, and then we individually code them. And then those invoices go to me for final review and approval. So I also get a set of eyes on any invoice that goes out. And then I do any coding that I need to approve the codes that have already been put on them, add a final signature. And then Susan generates the checks from that point. And then they get one more look once the checks are actually generated.

Chuck:

That helps somewhat with my comfort level. There are other eyes looking at it, so that's appropriate. Thank you very much.

Kim:

Mr. Chairman, also recall that any of these items that are being paid have almost certainly been approved in the budget previously. So your approval of that is then authorizing getting that work done and making sure those checks are paid. Again, if there is anything stray, then we'll have to go back and look at that.

Typically, if something is paid that the board for a project that the board never approved. It's kind of a buyer beware situation where the contractor can end up going unpaid because the board never approved his payment, so. But hopefully it won't have any of that.

Chuck:

Yeah, thank you very much. Appreciate that.

Phyllis:

And also I just want to point out that the your district is different than a lot of other districts and that the payables are handled at your district with Susan and Nathan and the other members. So CRS isn't doing accounts payable. Which we do for a lot of our districts. So it's good that you're asking the questions on the controls involved in that. Because we're not involved in that in that part of the process.

Chuck:

And that's what I think I meant when there are other eyes. And that's good to know, thanks Phyllis. And I appreciate your work. It's a mountain. But you'll get to it. You'll get to the top. Any other questions for Phyllis?

Tera:

No, thank you Phyllis.

Chuck:

Phyllis, thank you very much. Thank you for CRS. And I guess it's Katie and the rest that are here working on our behalf. Greatly appreciated so keep up the good work. We look forward to some reports in October. Okay. Thank you. Thank you. Legal counsel's report.

Kim:

You have a copy of my report. Which is geared toward the agenda items. The moment the first item is considering board discussions concerning contractors and staff. I noticed in a couple of meetings we had some friction concerning those kinds of discussions. And I was asked some questions about whether or not these kind of discussions should take place in the open. And whether the board has any control over the discussions that take place among the board.

Accordingly, I did the research. And of course, you have that control. The way you do it under Colorado law is through bylaws. Your board has never adopted bylaws. You can, rather than doing a set of bylaws, create your own rules for operating by motion. So in my report, I'm suggesting that we go ahead and draft some bylaws for you.

I have lots of copies we can just amend and bring in. And then you can add provisions to that before adopting it. And or you can piecemeal control your operations by motions. And then eventually we should compile those into a set of bylaws. That Mr. Chairman, do you want to talk about that now, or should we go on to the next item and come back?

Chuck:

Counselor, you sent me on the 21st the A rule pursuant to section 32-1-1001. Yes. Is that in, in the same vein that we're talking about? Yes, exactly. And as a rule that we should adopt tonight. Is that a motion you want to make?

Kim:

If you choose to do that to ensure that discussions about staff and contractors are taken first in executive session. You should go ahead and approve that tonight. Or we can roll it into a set of bylaws. But you may not approve those for a couple of meetings because you'll want to review them several times.

Chuck:

Has this rule that you've sent me, has it been sent to the other board members?

Kim:

It was delivered today.

Chuck:

So you have it. You have it in your packet. Has everybody taken an opportunity to review it?

Kim:

It's right in the middle of page two. So I. Sure absolutely.

Chris:

So Counsel, so I'm looking at I'm, looking at your status report and I see that. So you do recommend resolution. So are we recommending a resolution to two resolutions as relation to this activity. The one that says adopt 32-1-1001 to adopt, amend, et cetera. And the one at the bottom that says I move forward to adopt a rule pursuant to 32-1, or is that one.

Chuck:

Same one, same one yeah.

Kim:

So, Director Lewis, there's actually two things in my action item. One is I do recommend that you adopt bylaws. We'll have to draft those and it'll, you'll want to review them a couple of meetings before you approve them to make sure that they have all the controls you'd like in them. The second item is addressing directly some of the questions that came up about disciplining staff and contractors in open meetings before the entire board has had a chance to discuss it in an executive session. So that would be included in the bylaws eventually. But if it's a concern now, you can go ahead and adopt this motion if you choose to do so. And it would be like a one item bylaw.

Chris:

Got it, thank you.

Tera:

Okay, so let me ask you a question. So the motion reads no director shall bring forward concerns or negative comments regarding CPNMD personnel, staff members, contract employees, contractors or consultants for the first time in a public meeting. Instead, the director shall move the board to enter into executive session as authorized by section 24-4-4024 for whatever. For E, for A, for.

Kim:

We can insert the support if you wish.

Tera:

It's for something CRS Colorado Revised Statutes to discuss contract negotiations and or specific personnel issues and concerns. And affirm that no decisions will be made during executive session. Following the executive session, any director may make a motion to take action without expounding on the reasons for the motion or carrying any other further discussion in the public session.

I'm a little missing the context on this because a couple of things going on. One, you have to make a motion and it be seconded to even go into an executive session. Yes. Correct. So could fail for that. And even if that fails, how does this. Seems like it might be in conflict for freedom of speech. Because really, how would you enforce this?

Kim:

The board would have to enforce it itself. How? So among yourselves, you will have to. There's no fines or anything else that can be imposed. You're each elected officials. Right. You can do what you want. Exactly. If you wish to violate your own rules, you may do so.

Tera:

So this doesn't, I don't know what the purpose of this or who asked you to do it and brought it up. I just want to clarify that, you know, as elected officials we are elected by people we have the right to do freedom of speech and whatever we want. And there's no. Board has no, like enforcement. I mean there's nothing there's no tools to make a board behave in the way that you want them to behave.

Kim:

That's true other than the fact that you, if you all agree to do this. Or if a majority of you agreed to do this. These are the rules that the board should comply with. If you adopt it. I don't know if you'll adopt it or not. You may not adopt it, if you do.

Tera:

But even if they're, even if they're adopted, I just want my fellow board members to be clear that there is no, there is no magic pill. Or, you know, I've been very vocal about all of our business. We are elected to represent people. And our business should be handled in the public. Now, I do know that there is them, you know, under the already rules for going into executive sessions. Personnel matters are certainly one of those. But we've had two people take time out of their schedules this evening to come to us.

I believe they both asked us to educate ourselves on sunshine laws. And again, I am always going to advocate for us handling our public's business in front of them as much as possible. And I know that for me personally. Even with a rule like this. If there's something that I think that is the public should hear about I'm going to, I'm going to bring it up in an open meeting.

Kim:

And you're free to do that. Exactly.

Chuck:

Any more comments on this rule or Tera's suggestions or comments?

Kim:

No comments. I think the only, with regard to the enforcement of something like this. It would be more political than it would be punitive. In that you don't have the right to penalize one another. However, you do have the right to enter into an agreement that this is how you're going to do business.

This does not prevent actions from taking place in open public meetings as they must. It simply says you need to talk about it ahead of time in an executive session. I'm not promoting it either way. But that's the way it would work.

Chuck:

I'd like to, us to consider drafting the bylaws and putting this in as a bylaw. And that delay will allow us as a board to discuss this issue and others in future study sessions. Is that, is that okay? Rather than make any motion on it.

Tera:

I think it's a good idea to have bylaws, yes.

Chuck:

Yeah so Counselor, can we, can we start there? Certainly. All right.

Kim:

We'll get a draft to you.

Chuck:

And I'm surprised we don’t have bylaws. Has that always been the case for the district? Mic. Mic’s off. I'm surprised we don't have bylaws. Is that always the case for the district?

Kim:

As far as I know, you've never had bylaws. Interesting. I think Nathan searched for them and didn't find anything, so.

Jason:

So I have just a little bit of clarity here. So what you're saying this is that first we go on to executive session and we have our powwow to talk about whatever personal, personal items we need to talk about. But then we can come back out here and we can air those personal items again.

Kim:

That's what this motion would do, yeah. So you would have a motion and discussion and then a vote.

Chris:

Okay well, so you know, I'm reading this and I think I'm reading this for the first time. Which is great. I don't know who put this in here. But this is outstanding. I don't even know why we need to have bylaws and rules. We've been doing this for a while. And if we're professional, we don't need to have these.

But obviously we're not professional enough. So we actually now need to do this and, and and put this, I guess a resolution and so forth. So I think it's good. And I think, you know, the fact that we can sit here and ear things in public is what we're elected to do. But we're also elected because we have a general code of conduct.

We have a way of abiding by professional ethics. We have ways of dealing with certain things. And personal item, personnel items are one of those things that pretty much in any industry you're in. Those are personal items. They’re not for the public. So I actually think this is a good, I don't know where this came from. But I actually think this is an outstanding suggestion. That if we have anything to talk about in regards of personnel. Why not move to an executive session? Have those conversations with all the board members for the first time?

I mean, why do we need to be blindsided because someone wants to bring it up? Have those conversations, basic decor, basic respect for each other. And then we can come out and we have a decision as to, you know, a resolution on to vote on it. And then we vote, right? The discussion member. Which we have in private, we already know what the issues are. So I for one thing, this was outstanding and I don't know who did it but outstanding.

Tera:

I can tell you how it can fail because you may, that may be your desire to talk about that. But again, you have to make a motion and that has to be seconded. So it could fail for and and you wouldn't go into it executive session that way.

So you're looking I'm just saying you're looking at it in a perfect scenario where you're assuming somebody makes a motion, somebody seconds and you go in there. You could make a motion. Somebody may not second it. So you can't always have a perfect scenario.

Chris:

I totally agree. And I would say I am very comfortable with having the rest of my director members here. All of you, be able to say whether you second or not to go in and have a conversation.

Regards personal issue I, I respect all of you that you're going to make the right decision or the decision. Whatever you make is the right decision. Because at that point. Right.

Chuck:

All right, well does the board agree with me? Then I won't, I don't need to make a motion. But I'd, I'd like to instruct Counsel to start the bylaws include this seekers section 32-1-1001 in the bylaws.

And at that point in time, when we review the bylaws, we can have another discussion. If it's in a work session, fine. If it's an executive session, fine. I don't care how we do it. But we can look at it, we can think about it. We'll all have an opportunity at that point in time to vote on it.

Chris:

Yes, so I think the recommendation also is that we do that. That's Mr. President, I totally agree with that. But there's also an action item that says that in the meantime, while that's being drafted, that we should go ahead and make this resolution. That Director Radloff just read It, it’s. Is that true?

Kim:

Well Chris, it says if immediate action is desired by you. Then you could do that.

Chuck:

You can do it now, or we could do it in the bylaw.

Tera:

There's no immediate action desired by me. I can say that.

Chuck:

There's no, we can, we can discuss it once it's in our bylaws if.

Chris:

Okay, I would say then that this is good. And then we hold this as the resolution so that the next time someone brings it up. Then will make the resolution right then and says okay, let's put that in resolution for the way that we should act.

So I'm okay with, from delaying until the next time.

Chuck:

There's nothing to stop you to make a, making a.

Chris:

I know that.

Chuck:

Motion if you'd like to.

Chris:

Respectful to everyone else. Okay.

Kim:

One last comment I will, I think Director Ratliff has a good point in that you could be precluded from ever addressing any of these issues by being unable to go into executive session. So I will.

Chuck:

Say that again, please.

Kim:

You could be precluded from ever discussing any of these personnel issues that would fall under this, this rule, if you adopted it. By being unable to go into executive session at all. So what I will do, I'll draft some kind of introduction or addition to this before putting it in the bylaws. So that everybody knows what you're not going into executive session for.

And we'll make sure that that's part of the public record. That way it will ensure that the entire board knows ahead of time why you're voting to go into executive session. Does that make sense? It does. Okay next item.

Chuck:

Yes, thank you.

Kim:

Lagae Ranch improvements. That complaint that you authorized has been drafted and is out for service. It’s a 45 day response. Once it's served, I don't know yet if it's been served. I'll get that back from a process server in the next couple of days.

Chuck:

It's a 35 day response from the date it served? 45. 45 days? Yeah. And I thought we served it last month.

Kim:

Now that was the letter. The demand letter with the draft.

Chuck:

Did we get any response from that?

Kim:

Yes, that's one where we got the response saying it's all done, works done. Here you go. Accept the lift station.

Chuck:

And we have not accepted it. Correct. And now we're going to enter into phase two. Correct. Okay, okay so stay after that.

Kim:

Next matter is the family opt out hearing that was rescheduled to October 9th so that we could get the, or 19th I'm sorry. So that we could get the notices done. So on your work session on the 19th, we will have that hearing. There's really nothing you need to do to prepare for that except to listen to the comments before the hearing.

I'll provide you with a memo in the meeting packet on what the FAMLI does, as well as a draft resolution. And the draft will be a resolution to opt out. Not that I'm encouraging you to do that, but it will lay out for you what you need to to think about if you choose to do that.

Chuck:

And who's invited to the work session then?

Kim:

The employees that would be covered by the FAMLI are invited. There's the notice is also posted generally so other people could come and comment. but it's the employees that really matter. Okay.

The next item? Yes. The Brighton Aurora water closing took place on September 9th. You should have in your bank account $18,195,000 from that sale. Hopefully somebody has seen that. Yeah it’s there.

Nathan:

I can confirm that it is there.

Kim:

That litigation has now been dismissed. All of the filings have taken place. And we've put together a closing notebook that I will send to Nathan in electronic format and the hard copy also if you want to. If any of the board members want to see if we can do that. It's, it's very thick. But it has all the documents that Chuck has seen and signed most of them that got us through this transaction.

Chuck:

You'll keep a copy of it here.

Kim:

There will be a copy here.

Chuck:

Check it out like a library if you want to read it. Okay.

Kim:

Scratch paper. Ready for the next item? Yes, sir. Stormwater IGA, I'm going to just say the update is what you heard last week from the, from the city. I took a look at the IGA that was passed around from the city the, before our last meeting. And it's going to need a lot of work. But remember we talked about the important portion of this is combining or meshing the deadlines in that IGA with deadlines for the parks IGA.

So the discussion at the last meeting, I believe, was to go ahead and extend the deadlines in the stormwater IGA. So that we have an opportunity to get the Parks IGA in place and then start picking away at those deadlines. What I request from you tonight is to authorize Chuck or some other board member to execute an extension or an amendment to the IGA to give us the time to do that. I'm suggesting to the end of the year or 90 days. Although we're not going to use up all that time.

Chuck:

I think if memory serves me right, we wanted that to happen at the last meeting. And I would be happy to approve it. Let's extend it 90 days so that we do have enough time to dot all the legal I’s and T's. Yeah. Okay.

Chris:

So I have a question. Do we have to vote? We have to vote. That's a resolution.

Kim:

Yeah, we should vote on that because you're approving a contract. A new contract in essence. So if you would entertain a motion to authorize Chuck to execute an amendment extending those deadlines 90 days, that would be great.

Chuck:

That's a good motion.

Tera:

I'll make that motion. Thanks Tera. Second? Second.

Chuck:

Any further discussion?

Board Voting All Speak:

Director Jason. Yea. Denise. Approved. Chris. Approved. I have approved. And Tera. Aye. Approved.

Describer:

Kim is speaking off mic and is briefly inaudible.

Chuck:

I can't hear you.

Kim:

The last item is the, the park IGA. Which will begin work on. And I just want to kind of give you an overview of how I think this is all going to fit together during this extension period. We will early on. And again, I haven't discussed this with the city attorney. But this is what I'm envisioning.

Early on we would assign the responsibility for the stormwater to the city. The city is currently approving their stormwater enterprise. They have to wait 30 days from their board meeting for that to be, to be completed. So that should happen toward the end of October. At that time I think we should take the funds that we have in our stormwater IGA. Move it to their stormwater IGA because they are now responsible for the stormwater.

I know that Chris was very concerned about making sure that our funds remain in an enterprise for stormwater, so that it must be used for that purpose. So that takes care of that concern. Then the remainder really has to do with getting all the easements in place and conveying the ownership of the assets. That is the portion that meshes with the Parks IGA.

We can get all those easements together, convey the parks, keep back the well sites that we think Parker or someone else may desire. And then that will assist us in doing the easements for the sewer lines, the water lines, as well as the stormwater. And hopefully by the end of the year or shortly thereafter we'll have both of them done. And it'll be out of your hands. But the parks IGA will come back to you to approve. Hopefully in the, at the October meeting.

Tera:

And that last piece that you spoke to getting the easements, that's what I recall. You and Nathan being enthusiastic and saying that is going to save our community a lot of money.

Kim:

A great deal. And frankly, it's kind of selfish. But it'll save me a lot of headache.

Tera:

You said you wanted to get a vacation someday. Yes. I recall that.

Chuck:

That's great. Comments?

Chris:

I got Comments. You guys want to go? No. Okay so for the, the parks, trails and open space IGA. So that one hasn't started yet. But where we're entertaining essentially starting at one and then we have to we have to vote on that, right? So that we would vote in that tonight too?

Kim:

Not on that one. We have a very rough draft of that. But we'll get that into better shape. And then I'll bring it back to you to vote on in October.

Chris:

When I say vote, do we have to vote in it to start for you to go? For you to actually, go do that?

Kim:

Nope, you directed me to do that a while back, so. Okay. It's underway.

Chris:

So, all good. I do have one requirement. So, you know, Mr. Penny came and he presented, I think, last week I do need a formal presentation. He had a little cheat sheet that he was talking to. I'd actually like to see, just like we did presentation for the stormwater that we have similar or something that we have in our hands with all the puts in the takes. The pros and cons of why we should go ahead and do this. And having that for like next month whenever we do. You know, we have our board meeting or whatever. And he can come back and formally do it or one of you can present it.

But I would like more than just what was presented last week.

Chuck:

On stormwater or on parks?

Chris:

On parks, trails and open space.

Tera:

What are you looking for specifically? Because that's why we invited them to the study session. Was to make a presentation, which they did. So what, what exactly? Help me understand what exactly you're asking for.

Chris:

So what Mr. Penny did was came and he talked to us. He didn't do a presentation. A presentation I would actually have a document. Like I can go into my records and pull up the one for, for stormwater. Which we would have as an artifact of evidence of what's being presented. So apart from the notes that we have I don't have anything. So what I would like to see is the information that was presented. Which was good but handed to us. So that we actually have a document that says we can go back and reference and, and essentially be able to, to.

Tera:

So it's what I'm hearing you say is you want documentation. Would, would that detail not be included in the intergovernmental agreement? Wouldn't that be the documentation that we would, you know, review and it would have the details in there. Such that that would be a the documentation that we could review and then talk about?

Kim:

Yep that's correct. And that would be what you'd be voting on hopefully in your regular session in October. So once I get that drafted, it'll go back and forth between the city attorney and the city and us so that we have all the details in there that we think are necessary. And then that discussion would take place in October. Certainly, the city can and should come and talk about it as well. So that, you know, what, what they believe they're getting out of it.

Also, Director Lewis, I did add a short section in my status report on three things that I believe are of great benefit to Castle Pines. So that's on page four. And items A, B and C. And these, these were pretty hasty thoughts because you can hear from my attitude is, it's just getting these easements straightened out is a great benefit.

But a this will remove parks, open space and recreational facility costs and expenses from the district in the near future. Allowing us to focus on water and wastewater. B that will resolve many of the more complex issues regarding easements on property that we currently own. Which would otherwise have to be surveyed after locates. And then be the subject of new legal descriptions.

This would be very expensive and time consuming. And then finally, it would allow us to obtain well and related sites required by PWSD and possibly other potential partners without cost or condemnation in a cooperative fashion.

Chris:

Okay I'm tracking on those and those are very good and I appreciate that. So also, as was discussed, you know, we were talking about contracting out the resources to do this. We're talking about ballot questions. We were talking about fees. Those are the type of things that I actually want to see in the presentation. That's not going to be in the IGA. The IGA is going to have basically, here's all our rules of how we work with each other. But he had additional information that said here are the pros of this. And here are the cons we had to.

Pros are like, we have four metro districts around in us joining the metro districts essentially come completes those whatever portfolio or whatever words you use. And you know that the fees would be what we have. Maybe it will go up or would go down based on the auto metro district. I'd like to see all of those things. Those things are going to be in.

Our IGA is not going to have what he is presenting. So at a minimum, he had a list on his sheets. Why can't we have that as an artifact? Or why can't we just have the whole presentation on why it is that the metro district and our constituents should join turn over our parks, trails and open space and I get all the benefits here to, to the city so that we actually. The metro district actually can educate our constituents and say this is why we're doing it.

Tera:

Because I think our constituents already overwhelmingly voted for the inclusion because they want the of government. And they already wanted all that turned over. But I do think a lot of those details. I'm just wondering if a starting place isn't once we see the draft intergovernmental agreement. Because it will say the things that I think we talked about such that employees transfer over. It does have that level of detail. It would talk about money, it would talk about fees or whatever. I mean, kind of like the stormwater IGA.

So I'm just, I'm trying to and I don't would love to hear from the other directors. I'm just trying to understand what we're looking for because that's, I guess, not what we invited him and ask them to make a presentation. They made it and then now we're saying oh well no we want you to make a presentation. So, so unless we are able to articulate more clearly what it is we're looking for.

And that's why I'm just suggesting that that document may be, you know, the basis of, of that, of that discussion. And then if the things are not in there that you want to see, then we could get them in there.

Kim:

Yeah I think the IGA would provide a good framework for what Director Lewis is looking for. And we can certainly invite the city to come when you consider that IGA to give their perspective on it and its contents as well.

And it should be a good discussion. But it will be very thorough and it will address the funding issue and the election issue. Because it'll have to, we have the mill levy to support the parks and recreation things. The city does not. So they will have to have an election to get their own mill levy. So in the interim. We're going to have to deal with that in some way. Yeah.

And I suspect that means when we assign responsibility to them, we’ll support them like a contractor until we can get to an election. Then they can get their own mill levy in place. And then we'll have to address what happens if they don't get a mill levy. So that will all be, it'll all be in there.

Chuck:

Right I'm good with that, Chris good, Tera good?

Tera:

That sounds like a good place to start. And I just want to be fair to Michael Penny because he did. He was kind of winging some of those questions. What you said about three ballot questions. I mean, the way that I understood it was that, you know, this would be a huge communication effort required with the community.

And he was suggesting. I mean he can't, it would be our ballot language. We would be the ones, you know, asking do you want to be included and do you want the district to go away and whatever. I mean, I don't want to hold him accountable for something that's not really in his purview. He was. He, I think he framed it as saying this. This is how it could happen. But obviously we own it and we would come up with the ballot questions.

Kim:

Yeah and that discussion, Director Radloff, was at one point he was discussing the possibility of doing the inclusion, the dissolution and the conveyance of the parks all at the same time. That may or may not be how it happens. It feels like it's more likely the park conveyance will happen before that. The stormwater before the parks. And then ultimately.

Tera:

And there would have to be a mill levy question. And again we'd have to know. But anyway, those would be the questions. We would form the ballot language on all those.

Kim:

Except for their mill levy. Gotcha. So the city will have to get its own mill levy.

Chuck:

Get their own.

Kim:

Because they can't, we can't give them ours.

Chuck:

Okay, good. Good conversation. Are we good there? Everybody, board? Okay.

Jason:

Did we pass all the motions we were supposed to pass during that?

Chuck:

Yeah we didn't have any.

Chris:

Pardon me, we don't need to pass a motion for this one. For the parks, trails and.

Describer:

Chris and Chuck were briefly speaking at the same time.

Chuck:

Not for the, not for this one. Open space. Right. Yes. Okay. If we don't have any further questions of Counselor. Let's move on to item 12. Interim district manager's report, Nathan.

Nathan:

All right, so a couple things I wanted to touch based on that are meant. One is mentioned in this report. Which has a slight update on the one that was sent out last week. Just wanted to talk about the water treatment plant tours. We completed five of them. We had an average attendance of 12 to 14 people and it was fantastic.

We had tremendous feedback from the people that were able to make it. I do think that there's enough support and desire to look at scheduling another round of those sometime in the future. We do have quite a bit going on at the plant that will prevent a lot of that in these coming months. But next spring would be absolutely fantastic.

And then we've also got an upcoming tour. Just a one off tour at the interconnect pump station for people that would like to check it out. That was a very frequent question that had come up during the water treatment plant tours. Is what is the connection with Centennial looked like? So we're going to get that one booked. I forgot to write down the date sometime in late October.

Chuck:

I do have to say I'd like to shout out to at least two, two people that put a lot of effort into the water treatment tour. Obviously Ken Smith, who did the yeoman's work of getting the announcements out, getting the coffee set up, getting the transportation set up, and of course, the bunk shop helped. Any time you have a bunk cake, I'm there.

I think he did a wonderful job in getting the people sort of interested. And to the most part at this site to get on the van. Then to go to listen to you do the tour. And I, I received a ton of excellent comments on how you handled yourself, Nathan. So publicly job well done. A lot of people came away with a different viewpoint, a positive viewpoint.

The plant looked great. They have a better understanding of where they get their water. Where it goes through us, how it gets to them, a really good learning experience. And I do hope that we will have more tours in the future. I think that those roughly 60 people over the last five tours. Hopefully we'll get the word out that it's worthwhile and going if they have any interest in their water and water right now in, in this county and in this state is a critical issue.

And to have our plant look the way it does, have you running it is a benefit to this community. So thank you for your, for your efforts Nathan. Much appreciated I know by this board as well. Absolutely.

Tera:

Do you want to cover your other public engagement since you're kind of on that topic?

Nathan:

Yes, so there's two other things that are noted in there. One is that right now tentatively on Tuesdays. We're still working on what that actual schedule will look like. But similar to what Jim Worley used to host once a week, hour or so. Opportunity for the public to come in, sit down and just blind fire questions. Anything that's on their mind, touch base, go back and forth. I say tentatively scheduled on Tuesdays. Because Tuesday morning is when I have the PCWRA board meeting.

And so we're just trying to find a consistent time that would work. But not conflict with the necessity of me being at the wastewater treatment facility. And then Nathan's notes, we did the first one of those with Bill insert last month talking about conservation. This month I'll be looking much more toward, kind of pushing down that parks and open space line. Especially as we move closer with working with the city, kind of talking about what are the districts at. What the board's talked about what we've done in meetings, what we hope to accomplish, how that relates to potential inclusion partners down the road. Just really getting a good, good little blurb out there, let people know what's going on.

What's coming, what's coming, and then also talking about some of the joint conservation efforts that are coming through that partnership. The city has been incredibly enthusiastic about moving along that route and also kind of picking up the torch. For lack of a better term. To remove a lot of grass that we own as a district. Any space that they have around some of their public buildings, space around this building. So just a general overview as well I'll be looking to do for this next month. I should have the draft for that ready by the beginning of next week, so that we'll have it in time for billing.

Chuck:

On Nathan's notes. Again, I know you've heard this quite a bit. And I certainly have when we transition from our wells to Centennial and Chatfield Water. We get people saying well my water's brown or the taste is different. I think we should continue to write about why they may. The residents may see a change, temporary or otherwise. And just let them know the dates to help educate where we get our water from in the wells and that they are producing. And how Centennial can help us.

I think it's important that people see the big picture. A lot of people don't even know where our plant is. They don't know how much we, we pump where we get that water from, how many wells do we have? So those kinds of things in Nathan's notes. I don't want to put words in your mouth, but those would be I think pretty important to let everybody know that they exist. Including the fact that we do have some renewable water. And everybody will tell us now we don't have renewable water, we do have renewable water. So let's educate in, in those notes. I think they're a perfect vehicle to get the word out. Absolutely.

Tera:

Would you cover the ARPA? Because I think that was something that was mentioned in the public comments.

Nathan:

Yeah that, was let me jump back in here. So I don't make, make sure I don't miss anything.

Chuck:

That's at the bottom of your.

Nathan:

Yeah, I'm bouncing around a little bit anyway here. So yeah, the ARPA funding, I did go to a meeting of workshop that the Douglas County commissioners had earlier today. The, as I understand it currently. And I do have a meeting, I believe, with Commissioner Thomas on Friday. We're going to get together and, and talk through a few things. But the project that got funded today appears to basically take up the lion's share. If not all of the current available ARPA funds. So it's a, it's a joint project between Castle Rock, Sedalia, Louviers, a couple other partnerships that solve a lot of issues that exist on the Plum Creek corridor.

The, there's some, some, some radon issues that one of those districts is having that they need to get resolved. Castle Rock is looking to recapture renewable water and bring it back up to PCWRA which involves lift stations. A lot of pipelines. I'd have to go back into my notes. But the total ask was, the total ask was somewhere in the neighborhood of $27 million. Which was the remainder of the funds available for that.

Looking at the breakdown, it seems like there's. And I know that there had been talk of I'd heard through various chains that there was going to be $10 million funded to that project. And that another 10 or 12 might go to Parker. It does appear that the ultimate decision is to basically fully fund that program for those entities.

I hope to have a better understanding and feel for that on Friday. It all happened pretty quickly. Only one commissioner voted to delay that decision just because she wanted to take a hard look at it. But it seemed that even she was leaning toward ultimately, ultimately voting for it. The other two commissioners were wildly in support of it. So they have directed staff for those various organizations in Douglas County to move forward with creating all of the necessary IGA. So there's just not it doesn't appear that there's any meat left on the bone for anybody else. In terms of the portion of the funding that they've dedicated to go to utilities.

Chuck:

That's too bad to hear. Okay what's your, what can you share with us your discussion. What you plan to discuss with Laura Thomas?

Nathan:

I just a lot of it is building relationships for future projects, connections with the district. I really do want to get a better hold on what that funding means. So when I, when I just did some back of the napkin math in the meeting. I came up with about three. Like a $3 million difference in terms of what they still had available for water, wastewater.

When I spoke to her briefly afterward she had indicated that she believed that that was all of it. If not all of it and then some. So I'm really going off her words because I assume she's got a much deeper understanding. And I was looking at one infographic on the other side of a, of a meeting room this morning.

So I really want to make sure that the door is closed before we do anything else. I was also able to introduce myself. At least briefly to the other commissioners. I was really well received. So not all hope is lost. But a good chunk of it is. Thank you.

Tera:

I think, looking for more to fund more projects that are regional in nature.

Nathan:

The, so the requirements that they were looking for are primarily for projects that are regionally based and projects that are shovel ready. The one that they funded certainly meets that metric. The lift station project that we were hoping to at least get partially funded has some pretty strong arguments in that same vein, vein as well. So even though the lift stations are owned and contained within Castle Pines North Metro District. The potential issues that they have with sanitary sewer overflows based on where they are. Not being up to current state standards. And then also being under the compliance advisory from the state gives us a much more regional impact.

Those lift stations all sit inside the Cherry Creek River or Cherry Creek Valley drainage basin. They all potentially have the ability to illicitly dump into Cherry Creek Reservoir. It would hit Cherry Creek right about Broncos Parkway. So there's a broad sweeping impact that these can have. And even though they're physically sitting inside of our district. We do everything we can right now to mitigate that and monitor them.

But there's, there is a liability there. The other part of that regionalization aspect is specifically with Parker. And I think something that we could anticipate any other inclusion. Parker or any other inclusion partner wanting is basically permission from the state to be not held accountable for any past issues with Castle Pines North Metro District. The state is willing to do that. But the biggest. I can't remember what they called it. The letter of. Consent decree.

Thank you. The consent to, the consent decree. So the state has basically said that they're not going to issue the consent decree until we have a fully approved plan for that lift station remediation program. As that applies to the ARPA money and the regionalization. Us being able to complete that project and getting financial support. Completing that project is also supporting us joining another water districts broadening regionalization. Or whatever that ultimately looks like. So I think there are some strong arguments to be made. The bigger question is, is there any money to make those arguments for?

Tera:

And I appreciate you, your persistence and following that up. You know, when they do have money available. There's usually, you know, 2 or 3 times the amount of requests then the money available. But I absolutely appreciate you continuing to pursue it. And thanks for that update. You're welcome. Still you.

Nathan:

Yep needed to go back and see which ones I missed with all my jumping around. So under letter E on my or on the. The thing that tells you what order the meetings go in good night. The agenda. The agenda, that's the word.

Chuck:

Now I'm worried. You did want to talk about staffing and conservation as well as your items under the agenda. So you have some time left.

Nathan:

Yeah so the short term modification of operations with Centennial Water and Sanitation. We're going to be taking water from them differently this year and probably next year as well. This is being driven by Centennial. Centennial has a massive upgrade that they are doing to their water treatment plan to deal with some of the algae tastes and blooms that they get. It's a huge, pretty amazing project. Their plant has to go fully offline for that to happen. And that's scheduled to happen. I believe sometime in early November.

While they are off of their surface water plant. They don't have the ability to supply us with the normal water that we get from them through the interconnect throughout the year. Their well system just isn't robust enough to do that. So we've been working with them really closely in terms of building a schedule to make sure that they can one upgrade their facility. Which is ultimately a huge benefit to our customers.

Chuck even mentioned a little bit before one of the things that we always get when we turn that interconnect on is a drove of phone calls that can taste the difference in the water. The sole source of that water is that those algae blooms. It really depends on it's better some years than others. Just depends on the dynamics of Chatfield Reservoir over the summer.

But they're really taking a hard swing at taking care of that issue. And so it benefits both of us to help them support that. On the flip side, Centennial is fully aware one of the other items here is reviewing the planned treatment plant improvements. Centennial is very aware that we have treatment plant improvements that are going to require us to have at least portions of our water treatment plant taken offline. And so they're also making sure that we have support through that.

So we are going to go on to the interconnect as normal for about five weeks. During that time, we'll have our plant fully shut down. We've got a bunch of valves that we need to get replaced that we physically can't do with the plant operating. All of the valves and parts are sitting here. They're delivered, they're ready to go.

Will, our operations manager and Semocor and a couple subcontractors are geared up and ready to go. October 1st. They're going to start tearing through that stuff. Get it all taken care of. The biggest project that we have scheduled for this winter is the rehabilitation and reconstruction of the Backwash Reclaim tank. That's an area where Centennial can give us support if needed.

We, when we clean our filters, it goes into the back wash reclaim tank. That tank is going to be completely offline while we redo pumping systems, pumping skids, sludge control. There's some structural stuff that needs to happen. We need to replace the lid. That's a pretty heavy lift in terms of a construction project. We're looking at about a total of eight weeks. So we're pursuing two avenues to be able to continue to clean our filters.

One is asking we've reached out to PCWRA to see if they would be willing to temporarily take that back, wash water into their headworks. That's by far the easiest one. Because we can backwash our filters and put it directly into the sanitary system. We haven't gotten an official green light from them yet. But it's looking more and more like they're going to be able to do that. Especially because part of this upgrade gives our plant the ability to never have to do that again. Which is something that they are really, really working on in terms of their downstream requirements for the water that they produce.

So they'll be able to support us. Looks more and more like they'll be able to support us and allow us to send that back, that filter backwash water to them. If that doesn't work, that's where Centennial has agreed to basically take the that filter backwash water out of the plant by tanker as we clean the filters. And then they'll allow us to take it to their facility in Centennial to, to dump it there into their head works.

They're geared for it. They're not concerned about it, PCWRA. Just as dotting some I’s and crossing some T's. So they'll be here tomorrow to do sampling of that water while we backwash our filters. They’re primarily, primarily looking for, for. And then that will determine whether or not they can officially take it. But it's looking good so far.

Chuck:

It's looking good so far with PCWRA. Parker water, plum Creek water and San. Correct.

Denise:

When do you think you'll know that?

Nathan:

If Parker will take it or not? By the end of the week. Okay, cool. Yeah Plum Creek, you got me all crossed up.

Chuck:

Plum Creek agenda. Right.

Nathan:

Good thing these aren't recorded in broadcast.

Chris:

You're doing fine Nate, don't worry.

Nathan:

And then just a quick note. Under the staffing section we have hired. Well, I don't want to say David's replacement. But our parks and open space forum in position. That was vacated when David moved to the director position. A guy named Colin. Absolutely, absolutely fantastic. Colin Bidall. Huge, huge background in all things parks and open space. Great at plant material, former military. He was able to really, really hit the ground running and took off.

He's, he's not going to lot of stuff out really fast and helping getting David caught up. He is a talker but he goes. So it's been a pleasure to have him around these. He's really, really done a great job right out of the gate.

Chuck:

Okay, good I met him. He seems like a real good guy. Participated in everything. I mean, he just wants to learn and, and evolve. So good for him.

Nathan:

All right I think that's all I have. Unless there was anything else specifically you guys wanted me to cover. Any questions you had on my report.

Chris:

So Nathan news pretty good up there now you just roll that out. A lot of good stuff in there. So I recommend folks, if you're listening or here, make sure you go to the website. Check that out. That's definitely innovative and has some good information in there. You got I think we just upped the refund on or on the removal of sod to a dollar or something?

Nathan:

That we haven't officially yet. So that'll require an action from you guys. Really we're in a space just where the year is. We're not. A lot of people are removing sod. So I want to make sure I want to get a more comprehensive plan that's got a lot of backup data. I've been able to get some information from Centennial. I'm still working with Center for Conservation Resource Management to get more information on terms like the, the efficacy of some of these programs. And then just matching what people are doing regionally.

I think a really good target goal would be to vote on, kind of that more overreaching plan sometime toward the end of the year. We'll certainly be looking at it in terms of the budget process. But make sure that we have that in place for the upcoming irrigation season. I know David's been getting a pretty good jump in increased phone calls in terms of people being interested in that. Especially with that sod removal at a dollar per square foot or more.

We also need to make sure that we define really what that looks like in terms of the budget. We obviously can't do a dollar a square foot ad infinitum. So we'll have to, to cap those programs somewhere. That makes sense fiscally in a fiscally responsible way for the district. But there's some some work to do there still.

Chuck:

This is, this is your conservation proposal.

Nathan:

That would be yeah.

Chuck:

And that you'd noted that it was ready for presentation or should be ready for a presentation to the board by the January board meeting. Correct. Okay. How does that affect the 2023 budget? If we approve this in January?

Nathan:

That's an excellent question. So we can, it sounds like we'll need to move that up. So we've got it set into the budget. Good catch. Probably should. We’ll do it.

Chuck:

Any other questions for Nathan? Nathan, thank you very much. Good report, anybody?

Tera:

No thank you. But you did have a couple of items regarding scheduling things. And I don't know if we were going to talk about it later or now. But I have heard says consider scheduling a study, a special study session in October dedicated to the 2023 budget development priorities and process. And also consider rescheduling November and December study sessions and board meetings.

And then I've heard probably three things for the October 19th session. So I heard we were going to discuss the different integration partner visits. But then I heard Director Lewis say something about the skate park options. And then I heard a third thing. There were three things. And we've committed to being an hour in our study session, so I. Oh, the hearing.

That's why Kim was looking at me. The hearing, the public hearing. So we've already got three things on there. And so I'm thinking since you still have under the agenda on the interim district manager's thing. Perhaps we should talk about those calendar things now so they don't get. Good point. Overcome by events. So the public hearing we probably have to have. Because we have to notice that. The interim, not the interim, sorry. See Nathan, now you got me. Skateboard. I've caught it. The skateboard park. But also the inclusion partners. So I think since we talked about inclusion partners. I wonder if the skateboard park discussion could be another time. Or is that timely? Something's got to move around. Because I don't know that we can do three things and hold it to an hour.

Unless the directors are open to hammering out all those three things. Considering that we may need to get rid of some meetings in November and December. Just due to the way that things fall on the calendar and holiday schedules.

Jason:

Aren't we supposed to discuss the FAMLI that night as well?

Chuck:

That's the public hearing. Yeah. So counselor, are we going to do the public hearing in October or November?

Kim:

It's scheduled for the October 19th work session.

Chuck:

Okay how long do you guess that sort of thing takes?

Kim:

I think the public hearing itself probably won't be more than 15 minutes.

Chuck:

And then inclusion partners. I think that will probably take about a half hour with four of them to discuss. And I think appropriately so. The skateboard.

David:

I don't think she'll, she won't, she will not be able to put that together within this next.

Chuck:

Can we talk about the phase two that's got to be on the 23 budget. Probably need to get that done in November then.

David::

So you want to push the tennis stuff back and move because the tennis courts were supposed to be phase two, skateboard skate parks phase three. Do you want to switch those?

Chuck:

I thought we had decided that the tennis courts are going to be stayed. Going to stay in phase two. Okay. No change but we were going to add the skateboard park as part of that renovation.

David:

Oh, you want to push that?

Chuck:

Well, I don't know what would.

David:

Push that out.

Tera:

To say I don't remember. So when did we discuss that?

Chuck:

I thought just in all the discussions relative to the skateboard park itself. We were always talking about it. Putting it into phase two. But we can move it to phase.

Chris:

Yeah, we did talk about putting that in the phase two. And we did talk about the overall plan. And if we're going to change it. Okay let's have that discussion. But the fact that we took out something that was operational and being used by a group of our folks that we said we're going to do. We need to be able to do it. And, and I don't get why we have to wait a month. And I mean, for November. Why, what are we? The meeting is 3 or 4 weeks. You guys already looked at the, the areas and you just have to have a conversation with Carol. Right, Carol?

David:

You just want. Because she's going to have to get her design team out there. And see if it'll fit in there.

Chris:

Yeah, we want to. I don't expect to come with a shovel ready. Here's the plan. We're going to go do it tomorrow. But I want her to be able to give us feedback based on what you guys said. That this is where we can do it and whether she would go yeah. You know, this is like a cursory discussion.

Chuck:

She has a plan for the tennis courts already, yes.

David:

I, I'm not for sure.

Chuck:

Okay well let's, let's verify that. And she can do some cursory review of where a potential skate park could be and help us with that without making any large plan possibly. She's going to go out there tomorrow you said?

David:

She'll be out there Wednesday.

Chuck:

Wednesday yeah see, let's see what she says about the tennis courts. And see if she can add the, some discussion relative to the skateboard park. Okay. Okay. And that is going to be in. I don't know if we can fit it in in October. Chris, with the public hearing and.

Chris:

Email it to us. We don’t have to have a discussion. You can email us the plans. We'll look at it online.

Chuck:

If she can do a pencil drawing or something, give us some sort of location. We can always look at that. That'd be easy. Tell her not to spend a lot of money on the skateboard park. But to show us where it could fit if it will fit.

Tera:

Can't email it us. Because we have to pull that. It has, you know, public, public business. So. Agenda.

Tera:

Director Lewis was saying that we could just do something without. You know, we either need to give our people instruction and the board all. But if we're doing plans or reviewing plans or changing plans as something that the board as a body has to conduct together in public.

David:

Do, since we're considering the IGA parks and open space going to the city. Should we wait and let them decide?

Jason:

I think that's a great idea. Good question. I think, you know, the city's got they had mentioned in their little presentation that they were thinking about acquiring a piece of land.

David:

Just on the.

Jason:

Just on the other side.

David:

West, west of the baseball field.

Jason:

And that could possibly accommodate a skate park. And. So.

Tera:

That might be a consideration.

Chuck:

That's a good question. Chris, Nathan.

Nathan:

Yeah I mean, it's one of the sites that David and I visited today was that little parcel of land right there. I mean, if that's something that the city wanted to consider. I think it's probably worth me reaching out to them and just finding out what that looks like. What the probabilities of them grabbing that property are. If putting the skate park there is something that they would have interest in.

I think those types of projects and making sure that they happen from a district perspective would need to be included in some form or fashion. And what we expect or require as part of the IGA. To make sure that they are going to happen once those funds move. But that's something that we could definitely look at. I think it's worth at least just sending an email over to the city, finding out what their thoughts or plans are around that skate park. And if it's something that if they're not looking at grabbing that property for another 2 or 3 years. Then I don't think it would be worth waiting if we've got the ability to move on it now. It does seem like we're getting. It is a lot of information to have pulled together for that October.

For that October 19th study session. We do have one in November on the 16th. Which is predating that. I can't remember off the top of my head what we landed on with all of the budget presentations and considerations. I know that one of those November dates was reserved for that.

Kim:

I think that was your approval date.

Tera:

I like what you said. I agree with that. Maybe we don't have enough information. So, you know, I know as one of five. I would say I'd be in favor of you kind of at least exploring that with the city to see if they, if that would be something that could be considered further down. Because I recall them saying one of the benefits of the parks going over to the bigger part of the city is not only would the money from the metro district only be spent on stuff within our footprint right now. But if they had an opportunity to kind of do a matching fund or whatever from city that we may be able to get a bigger benefit.

Like if they're putting in tennis courts and they were putting in for they could maybe put in eight or, you know, if the skate park could go there. But I feel like we don't have enough information to really know. So I would be in favor of you getting more information.

Chuck:

We do have the, in the October meeting the FAMLI meeting on the 19th. We have a budget meeting on Monday the 14th. Which is a public meeting Monday, November 14th. And I think we changed our we have our Monday board meeting on the 21st of November unless we've decided not to do it.

Tera:

That's what we're discussing now because we, we could not make any changes. This is the meeting where we can talk about it and make motions and make changes.

Chuck:

So we suggested the 21st for our board meeting. Which means the study session would normally then be on the 16th. Which is a Wednesday 14th for the public meeting for the budget. The 16th for the November meetings study session and November, Monday, November 21st for the board meeting. Discussion?

Describer:

An anonymous person in the audience is speaking off mic and off camera and is briefly inaudible.

Jason:

That's right. That's. Discussion on any discussion on any of that?

Jason:

I recall us talking about moving the November meeting from the 21st to the Monday prior to that. And skipping the study session that month.

Denise:

They're on vacation the 21st.

Chuck:

Oh, that's right. You guys are. Yeah because our AV guys are not going to be here. That's why we put the board meeting on the 14th and then skip the study session. So if the 14th is our board meeting and also our public meeting on the budget. Discussion?

Denise:

I think for one month we could combine, yeah. Study session and board meeting?

Chuck:

Well we are combining study session, board meeting and budget discussion.

Denise:

So we'll get pizza.

Chuck:

We'll get pizza. Comments guys?

Jason:

I'd be in favor of it.

Tera:

Yeah because I think we're.

Chuck:

We're getting toward the end of the year. So we've got a.

Denise:

Let’s knock it all out.

Chuck:

Knock it out.

Denise:

I think so.

Chuck:

So are you, everybody okay on the Monday the November 14th for the public budget meeting as well as study session. Slash maybe would eliminate the slash and just do a board meeting.

Tera:

Yeah because the study session could be the, the budget. I mean I don't know what else is on there. Unless we're kicking the parks to that November meeting or not parks, the. Skate park. Thank you. Yeah. So maybe, maybe we talk about if we can get the I don't know. Inclusion seems like a big. That's a big discussion. I just it seems like three things for one agenda is, is a lot for October the 19th.

Chuck:

Yeah I agree. And that was the study session though, yes? Correct. Yeah and we do have a board meeting on the 24th.

Denise:

Why don't we, maybe this one time on the study session agree to 90 minutes instead of 60. Again, knock out what we need to knock out.

Chuck:

On what date?

Denise:

The 19th, right? Yeah. October 19th.

Chuck:

So study session and board meeting?

Nathan:

No, just so on October 19th. She's proposing an, basically an expanded study session. So rather than 60 minutes moving to 90. Okay.

Denise:

So we can fit in more. Okay. And not delay.

Chuck:

And does that mean no board meeting on the 24th?

Nathan:

No, there would still be a board meeting.

Denise:

Still would be.

Chuck:

So we'll do a 90 minute study session on the 19th. Which is a Wednesday. And on the 24th we do a regular board meeting at 6:00. That's October. Correct? Okay.

Jason:

And on the 14th, is there still a budget meeting? In November?

Chuck:

That's in November.

Jason:

Well that's okay.

Chuck:

In November we have a public meeting on the 14th. And a board meeting on the 21st or that same night? The 14th. It's on the 14th. We're going to do it. We're going to do it all on the 14th? Correct. Okay I'm fine with that. Yep. Denise you want to make a motion?

Denise:

I think I got it straight.

Chuck:

You got it. I'll keep you straight. Okay. Start with October.

Denise:

So for October we're making an extension of our work study session on the 19th to 90 minutes. Our board meeting will be the 24th. Correct. And then carry forward in November. Our board meeting, study session and budget hearing will all be on Monday, November 14th.

Chuck:

Everybody hear the motion? Yep. Second. Got a second. Any more discussion? Any more discussion?

Board Voting All Speak:

Jason. Approve. Denise. Approve. Chris. Approved. I approve. Tera. Aye. It passes. And those are our new dates. Did you get them?

Kim:

I did, and Mr. Chairman, we will have to publish the public meeting on the budget in about a week and a half. Okay. We're stuck with it now. Not that there's anything wrong with that. That's fine.

Chuck:

Works for me. How does it feel for you?

David:

It works for me.

Chuck:

Nathan, are you okay with that?

Nathan:

Yep just to verify. So for the October 19th session, we are going to do the public hearing. Have our individual take on the exclusion, exclusion inclusion partners. And then also try and get some sort of baseline presentation together for a skate park location. Pending on, pending what I hear from the city.

Chuck:

What day did you say? Yeah. October 19th. October 19th.

Chris:

What you hear from the city and Carol, right? Yeah. And Carol, correct. Yeah.

Chuck:

That's right we're going to get a 90 minute out of it. Yep. Okay. We voted. It's past, Counselor.

Kim:

I've got it.

Chuck:

There go your Saturdays.

Denise:

And can we, in our November meeting, decide what we want to do in December? We can put that off till then?

Kim:

Yes you can actually decide in November. And then we'll just do the certifications in December when the time comes.

Denise:

Okay let's see where we're at in November and then make that decision.

Kim:

Yeah if you need to have a special meeting after that we can call it and make whatever changes you need. Okay thanks.

Tera:

And I think that was one of the reasons why we discussed that that was attractive on the 14th. Because we have to have the budget certified by December the 9th. And by moving it up into November that early. If we need to have another meeting the week of the 28th or whatever. Then that would give us the time to do that. Is what I recall.

Chuck:

Let me just check one thing here. We have, no we're good okay. Good any further questions for Nathan for dates? Nathan, did you cover the scheduling that you would put in your agenda? Yes, sir. Okay let's then move down to 13, which is director's matters, any.

Tera:

Thank you, Mr. President.

Chuck:

Let me start at the other end first. No, go ahead Tera.

Tera:
I'll just make it quick. So thank you guys for taking time out of your evening to come. I just wanted to give. I know we're going to talk about it on this study session overall. But because this is the last what's transpired since our last meeting President Lowen and I did go attend a meeting with Parker Water and Sanitation. Regarding restarting their openness to restarting and inclusion with them.

The highlights are they are very open to it. They've already had a board meeting and discussed at. Their board is very open to it. They're waiting for us because of what we have said that we're looking at all inclusion partners. They basically told us to keep dating. But when we want to go to prom with them to come back and let them know. And they are eager and willing and like I said they're board has already moved on it.

There are, the two things that they were concerned about was the consent decree that Mr. Travis spoke to earlier this evening. Mostly because that gives them protection from legal and environmental protection from any of the spills that happened prior to them taking over. And that probably would be the case for any inclusion partner. The other thing that they were worried about were. Or, I guess I wouldn't say worried. But the other, other big ticket item for them to hear resolution on was the easements. Which I think you heard during the discussion this evening is that we are working through those.

We're working for a way to kind of get the, the easements sorted out. So they were very open to it. They're very positive. It did and perhaps our attorney can speak to this as well because I think you may have left. But what their attorney had basically said is it's been so long since I know that 96% of the voters that voted for the inclusion.

Was clear direction. However, that deal was terminated. So it is no longer and we would absolutely have to go to another vote in the future if we were to include with them. Or with any partners. So that's, that's kind of the highlights of my takeaways from the meeting with them. Thank you, Mr. President.

Chuck:

As we remember as a board. We're going to talk about inclusion thoughts, pros and cons with the districts we met with next month. And just to let the public know and people that ask the questions. That was my decision to interview other districts. I had a lot of friends and different HOAs around the community questioned me about why did we only go? Why did we put our eggs in one basket? Why did we only go with one district? Shouldn't we test the waters and check other districts? Which I thought was a reasonable request?

And that's exactly what we've done. And next month we will put our notes together as to how we feel about each one of the districts. And, and I think that maybe at the end of the day. Ron Redd thinks he's the one. And I suspect I wouldn't be a betting man against him. But we need to vet other three neighboring communities. So that we can answer to our neighborhood residents that we did. And our decision is whatever it's going to be.

They were all wonderful people to meet with. Great district managers, excited to talk with us, very blunt in how they felt about our district. Or what they could do for us or what they wanted from us. So that's part of our notes that we'll share at the next board meeting. And I think it was a valuable exercise. And I feel good about where we are.

I did hear if Parker turns out to be the one we like. I did hear from Ron and correct me if I'm wrong, Tera. But there's some work that needs to be done over the next year and a half before an inclusion would happen. Is that kind of what you heard from Ron? Two years, one year and a half, a year?

Tera:

What I heard is process wise. Pretty much the two highlights were let's have reengage. And then they would like to have weekly meetings so that I remember what, I remember what Mr. Red said basically, is that he, you know, they learned some lessons and that it is his desire. If they are the inclusion partner of choice. That a collaborative approach because, you know, and that's why I think he was looking forward to meeting weekly just so that there was a conversation and that anything that came up could be worked through in a pretty immediate fashion. But he thinks that, you know, collaboration and many heads are better. And that's what I recall him saying.

Chuck:

And he does want to know I think Marv, just exactly what you asked. Where are we on the eight items? And that's a great question. I think you'll be pleased to know we work quite a ways long. I think Counsel can provide us with a side by side documentation of the questions versus our responsibility in finalizing and taking care of those issues. So that's all yet to unfold. But we are a long way toward getting that completed.

Chris:

So I just want to confirm. Because I'm hearing both sides of what you guys and I didn't go. But I kind of got a review, a little bit. So just to make sure we're clear. What's the timeline? The fastest timeline that we can do this?

Just want to make sure since you're talking about, you know, the engagement which is great and the benefits better make sure that we're clear on the timeline. The timeline that was mentioned is no earlier than what. That's what I want to hear.

Tera:

The timeline that was mentioned, I would say, is no earlier than November of 2023. Because part of the, the long lead item in there is that consent decree. My understanding and Mr. Travis can speak to this more because he's more involved in the details, but that the consent decree requires a response. That response we have in progress. That response will be maybe 70% complete by December. Once it gets to the state, called CDPHE, CDPHE has to approve it. Well based on what industry is hearing. It's taking a good 12 to 18 months to review that consent decree response. But I would, I'm going to defer to Mr. Travis on this one because he has more details.

Nathan:

Yeah the, the most likely date would be the most likely date that we could go back to our residents with. A second vote for inclusion would probably be that November of 2024.

Chuck:

That would be the earliest date.

Nathan:

Yeah the earliest reasonable.

Chris:

Did you say 2024 or 2023?

Nathan:

2024, that's that 12 to 18 month time frame. So we have to get at a minimum we have to get full design approval from the state. So what Kennedy Jenks is working on now is the initial engineering review. That's going to put us in a position where working with the state and as district staff. We'll be able to pick the actual direction to go. And that will trigger the physical design phase.

So that's when they get in and start doing actual construction design drawings. Those are what we need to get completed at a 70% level to the state. And so that'll happen sometime most likely early mid next year. And then after that it's, it really just depends on what happens with the design review process. It is, the state is overwhelmed and backlogged with design stuff. There's.

Chuck:

The design though is different than the consent decree, correct?

Nathan:

No, so the we, we need to get there. And I can certainly dig around on this a little bit more. But from my conversations with Ron is the, the direction that we go is really just in-house that December mark. The, the consent decree is the fully approved submitted set of plans. Or at least a 70% full design plans.

So we need to get those back from the state before they say hey, let's go. And I don't have a firm answer from anyone. I can certainly do a little bit more digging on what their, what the state specific requirements are to issue that decree. But as I understand it that would be the earliest that they would do it. Which is even faster than I had feared.

I guess for lack of a better term. There was, there was a possibility that the state was going to come back and say we need to have this. These lift stations through completion, the construction. If that was the case we would have been pushed out 3 or 4 years even potentially. But so we need to at least get through the design phase. Get those plans submitted and approved by the state.

And there's nothing to say that the state isn't going to get caught up if they manage to get there. Get more staffing. They could catch up a lot faster than that. But as things are processing right now that's how long we're looking at.

Tera:

And the other thing that Ron had said, Ron Redd had said, is that he would like to be included in those conversations with CDPHE. So I think, you know, there's potential that if that is the partner and Parker is included in those conversations that it, you know, there may be a way, you know, it would definitely be beneficial and could move it as quickly as possible. But if we're not going to get our plan done. What I hear you saying is that we're not going to get our plan done until December of 22.

The approval could take until December of 23. Which means all of your communications and, you know, public education and all those kind of things probably would be. Yeah. You could do that off cycle maybe May of 24 of November of 24. But I think that's a great, you know, expectation level. Set that expectation.

Nathan:

Sorry any inclusion partner but Parker included will also require another inclusion study like we did going into this one. Three years of numbers changing with the pandemic in the middle of it. There's a lot of things that have shifted around. Our finances are going to look very different than they did then. I don't know what Parker's changes would be. But that was one thing that Ron had indicated. I don't think that that would be nearly as in depth of a process. Especially if we were moving through Parker just because there's so much existing familiarity already. But that would at least be something that was necessary to redo that inclusion agreement. And the rates make sure that everything still makes sense and then move from there.

Chuck:

Well I hope by. October, November this board will have a better direction for which we want to challenge ourselves with. What our, who our partner is if we do an inclusion. Other subjects have been broached. But this seems to be the one the residents are tuned into. So there's a lot more discussion we have to have before we move forward. But the good news is this board is still moving forward and we need to keep that going.

Chris:

Yeah just but we also are ready in January now or three years out. Just make sure we're clear.

Denise:

Nathan, I have one question you talked about waiting for the state. Whatever 12 months, 18 months for the design was was that the case in the last inclusion too? Would we have had to wait or is that different?

Nathan:

This wasn't an issue. That was part of the initial study of the last inclusion. So the condition of the lift stations wasn't fully understood by Parker until their second condition is condition, asset condition of valuation. Their second one was really when that second review got a hold of the actual condition of the lift stations. We were as a staff and as a utility at the first condition assessment done months. And months before that we were very open about these issues.

There was a lot of things that were communicated. Parker's second swing added is really what alerted them. At least that's what they've told me is that second swing added is what really alerted them. That was the one of the drivers in the source of the ask of the additional money. And then since that time we have also gotten the letter from the state. That is the compliance advisory requiring us to move forward. Submit a plan and get approval.

And so the compliance advisory that we're looking at is a separate issue that wasn't generated as part of the inclusion. But it's something that we got after our last sanitary survey and their reviews of all of our sanitary spills. There is, I do want to be perfectly clear that we don't have any violations with our sanitary sewer overflows.

We have had enough of them. Just based on the design of the lift station. That the state has raised a concern about them. But all of our sanitary sewer overflows. They've been reported to the state the appropriate way. We've done all of the remediation that's required for those events. All of the testing that's required for those events for downstream facilities.

And so we've done each one of them right. It's just there's the number of them in the period of time that we've had is what's alerted to the state. So we're in compliance. But we're also the states also basically saying like hey, this is something that needs to be addressed so that you bring these sites to current standards so that we don't put you in a position where we're facing violations and fines.

We actually one of the things that was really helpful for us is we actually got that letter. Compliance advisory from the state. About eight months after we had already engaged Kennedy Jenks to begin design on this process. So we were way ahead of the curve in terms of like the state actually coming around. But there's also been a lot of noise around it through the inclusion. So it's not surprising that the state noticed.

Chuck:

Has Kennedy Jenks completed their proposal?

Nathan:

No, that's the December timeline will be there. They're full blown.

Chuck:

What I heard from some of the district managers. Including Parker was that the lift station issue is not a big issue. A, because you're already working on it. We are getting a proposal from Kennedy Jenks. And B, we're going to already have a monetary knowledge of what the money is going to cost us to fix them. And that's part of the inclusion process. So that's not going to be one of the eight items that I think might be on the next inclusion venture.

Nathan:
Yeah and we have and you'll see it when we get more into the budget stuff. We have identified the projected capital costs for that project at least through 2023 in terms of what we need to do in finishing design. Initial construction and stuff like that.

So we will have that number for the budget. The total cost is obviously going to be spread out over several years while we actually go through the construction process. And so that would be a consideration once we can get the consent decree and move forward from there.

Chuck:

Okay any further questions, comments?

Jason:

Just as director's matters or just on this matter?

Chuck:

Anything, anything you want. We're at the end, so.

Jason:

I just have one last thing to say then. Laurie, I want to thank you for bringing up the Sunshine Laws again today. You know, that's very important to me too. The spoken wheel type way of communicating is not something that should ever be happening with this board. And I think this board has gotten very, has gotten very, has gotten better about it. We're not perfect yet. But I think we're definitely on the right track and.

Chuck:

We're not perfect.

Jason:

And we will continue to do better. So thank you for, for bringing that up. And Kim's done a great job and trying to educate us even more on some of these sunshine laws. And thanks to you Ken or Kim, I'm sorry.

Chuck:

Motion to adjourn.

Board Voting All Speak:

So moved. So moved. Aye. Aye. Second aye. Aye. Aye.

Chuck:

Thank you very much. Thank you for coming both on zoom and present. Appreciate it.