MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE
ARABIAN ACRES METROPOLITAN DISTRICT
Held:
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Attendance |
The regular meeting of the Board of Directors
of the Arabian Acres Metropolitan District was called and held in accordance
with the statutes of the State of Gene L. Billings Alan L. Jordan Dennis S. Yoder David J. Biondo Director Radford K. Walker was excused,
pursuant to 32-1-905(1)(g), C.R.S. Also present were Dave Stanford and |
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Call to Order |
Director Billings noted that a quorum was
present and called the regular meeting of the Board of Directors of the
Arabian Acres Metropolitan District to order at |
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Disclosure Matters |
Director Billings
asked the Board to confirm that no changes have occurred to any of the
Directors’ interests that warrant amending the written disclosures on file with the
Secretary of State’s Office with regard to any potential conflicts of
interest. Pursuant to |
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Approval of Minutes |
The minutes of the regular meeting of the Board of
Directors held |
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Financial Matters Budget Amendment |
Director Jordan had emailed to
everyone his report on the financial overview of the District as of A discussion ensued regarding legal fees and exactly what work the
Directors want the attorneys to do on the District’s behalf. The Directors feel comfortable performing
some of the work the attorneys are now being paid to do, along with assigning
some of those duties to AquaTest. The
Directors decided to have all official records of the District transferred to
AquaTest’s office, where access to the records will be much easier; and to
direct Seter & Vander Wall to proceed with work only as authorized by the
Board. This issue will be discussed
further with Mr. Monthly financial statements and expenses were reviewed. In addition to the checks listed on the check register, a $68.85 check for overpayment of a water bill on account 137 had also been written. A motion was made for the Board to approve the financial statements as presented. The motion was seconded and unanimously carried. Director Jordan suggested that the 2004 Budget Amendment discussion
be tabled until after the 2004 audit was completed to see exactly where
adjustments might be required.
Director Billings asked Ms. Reeder to remind the Board of this topic
for the March 2005 meeting. |
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Manager’s Report Attorney’s Report Other Business Adjournment |
Mr. Stanford reported that the system is working well. The District will be receiving invoices from USA Bluebook for parts to repair the chlorinator. The District has received a tap fee for 507 Donzi Trail. Mr. Stanford discussed some of the problems that are occurring with taps, such as incompetent/inexperienced excavators, trenches that do not meet OSHA standards, and excavators who don’t probe for the main before digging. Mr. Stanford suggested that the Board consider requiring a $15,000 surety bond from each excavator who will be excavating for taps within the District. He also recommended that the District require that all taps be made directly to the water mains and not to the stub-outs that may be found on some lots. When tapping into the main, the District supplies a tapping saddle, a corp stop and a property shut-off valve, all in accordance with American Water Works Association. The homeowner’s excavator or plumber supplies 3/4” type-K copper for the service line. AquaTest does not supervise the excavation of the main or service line. After a brief discussion, a motion was made to change the District’s Rules and Regulations to read that all tap permit applications require a $15,000 surety bond from the excavating contractor. The motion was seconded and unanimously carried. Director Billings directed Mr. Stanford and Ms. Reeder to revise the Rules and Regulations in accordance with the above motion. A motion was made to require all new taps to tap directly to the water main. The motion was seconded and unanimously carried. Regarding
the Regarding the Augmentation and Exchange Water Court Decree, Mr. Rupp stated that Bradford Benning, of Highland Lakes Water District, is no longer working on this issue as he has moved on to another law firm. Jim Felt,
of Highland Lakes Water District, has some concern with all the water rights
being traded upstream on Twin Creek and of attaching more water rights to
Twin Creek than what actually flows through the creek. The City of At this
time, Mr. Lindholm feels that it is best to proceed with the application and
he had prepared an application for the Director’s approval. As far as the cost of this work, Mr. Rupp
stated that Mr. Lindholm’s fee to the District for work done between May 1
and To help defray these costs and to see the issue move forward, Mr. Rupp presented a $2500 donation check to the Arabian Acres Metropolitan District from the Rupp Family Partnership. A discussion ensued regarding the selling of bulk-water to customers outside the District, including the income to the District, where to place a bulk hauling station, the cost of setting up a system, etc. Mr. Stanford will give the Directors an estimated cost of an automated system along with the cost to finance. A motion was made to direct Mr. Lindholm to proceed with filing the “Application for Approval of a Plan for Augmentation and Exchange Right.” The motion was seconded and unanimously carried. Director Billings signed the document where required. Mr. Rupp stated that the document would be filed by the end of the year. Mr. Rupp had no additional information to report at this meeting regarding the Trout Haven Resort Easement for the vacated roadway property. Mr. Rupp presented a draft "Third Amended and Restated Advance and Reimbursement Agreement" between Arabian Acres Metropolitan District and the Rupp Family Partnership, RLLLP (successor-in-interest to Arabian Acres Water Company, LLC) for consideration. A motion was made to pay $15,000 to Arabian Acres Water Company, LLC on the balance owed of $62,854. The motion was seconded and unanimously carried. A motion was made to approve
the “Third Amended and Restated Advance and Reimbursement Agreement"
between Arabian Acres Metropolitan District and the Rupp Family Partnership,
RLLLP and to execute the “Exhibit A – Promissory Note” for the remaining
balance of $47,854. The motion was seconded and unanimously carried. Directors A motion was made to withdraw $15,000 from the Colorado Trust account to make payment to Arabian Acres Water Company, LLC. The motion was seconded and unanimously carried. Director Yoder signed the withdrawal letter to Colorado Trust. At this time, the Directors thanked Mr. Rupp and his family for their continued support of the District, and for their donation this evening of $2500. Director Biondo presented a draft letter he prepared to be sent to property owners within the District. Director Billings will email the draft to Director Walker and Mr. Rupp for their input. The Directors discussed incentives for obtaining additional taps and reviewed some of the attorney’s previous comments regarding this issue. It is going to be difficult to persuade homeowners who currently have wells to invest in tapping into the District’s water system. Mr. Stanford noted that as development in the area increases and the private wells begin to fail or become contaminated, these homeowners would definitely be interested in tapping into a public water supply. It’s a matter of time. In the meantime, the Directors agreed that they must keep the Arabian Acres Metropolitan District’s name in the public’s eye, and keep homeowners aware of what is going on in the District. Director Billings is working on the quarterly newsletter, which hopefully will be ready in a few weeks. He asked that Mr. Stanford prepare a short article on the importance of maintaining septic tanks. There being no further business
to come before the Board, and upon motion duly made, seconded and unanimously
carried, the meeting was adjourned at _________________________________________ Secretary for the Meeting |
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