MINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS

 

OF THE

 

ARABIAN ACRES METROPOLITAN DISTRICT   

 

Held:      Friday, May 31, 2006 at 7:06 p.m. at 4455 Fountain Avenue, Cascade, CO.

 

Attendance

 

 

The special 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 Colorado.  The following Directors were in attendance:

 

            Gene L. Billings

             Dennis S. Yoder

David J. Biondo

Radford K. Walker

Sandy D. Zuniga

 

Also present: Ken Rupp, private District Consultant, Terry Malcom, Administrator for the District, and Jenny James, the District’s recorder of minutes.

 

 

Call to Order

Director Billings noted that a quorum was present and called the special meeting of the Board of Directors of the Arabian Acres Metropolitan District to order at 7:06pm.

 

 

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 Colorado law, certain disclosures may be required prior to taking official action at the meeting.  Each Board member disclosed their conflicts of interest, stating the fact and summary nature of any matters, as required under Colorado law, to permit official action to be taken at the meeting.

 

 

Public Comment

No public comment was received.

 

 

Public announcement for this meeting was posted per Colorado law.  This meeting was called because of the water operator.

 

Mr. Malcom stated Mr. Barwick called him and said he was going to resign effective immediately and would e-mail his resignation to Director Billings.  Director Billings has not received anything from him.

 

Mr. Malcom tried to talk Mr. Barwick out of resigning.  Mr. Barwick told Mr. Malcom he couldn’t make any money because of the way the contract was set up and that he was putting in too many hours.  Mr. Barwick also told Mr. Malcom he would do what he could to help with the changeover.

 

Discussion ensued regarding Mr. Barwick’s insurance and license.  Without Mr. Strole, Mr. Barwick was not in compliance with the contract.  Mr. Barwick didn’t have a water distribution license; however Mr. Strole did and therefore, could sign the contract.  Mr. Barwick had two opportunities to take the test and receive his license and failed to do so.  Mr. Barwick also failed to form an LLC with Mr. Strole and failed to acquire liability insurance.

 

Director Billings had numerous conversations with Mr. Strole.  He was back-up for emergencies only.  Mr. Strole told Director Billings he would be available if the District had any questions to be answered but that he was not interested at this time in signing a contract with Arabian Acres.

 

Ms. Joan Fritsche of Seter and Vander Wall P.C. sent a letter to be given to Mr. Barwick because he was out of compliance with no insurance and he didn’t have a water distribution certification license.

 

There was a motion to approve the letter from Joan Fritsche to Mr. Barwick notifying him of termination because he lacks the proper credentials.  This letter would be delivered to Mr. Barwick by certified mail if Director Billings does not receive a formal resignation from him by tomorrow morning.  The motion was seconded by Director Zuniga, unanimously carried and was approved.

 

The Board initiated a call to Roger Migchelbrink, Operations Coordinator, Eco Resources, Inc., on the speaker phone.  Mr. Migchelbrink stated he is prepared to start immediately, June 1, 2006.  His original bid for the contract was $1200 per month plus extra for line items.  His current bid is $1100 a month plus extra for line items.  Mr. Migchelbrink would like a fax from the Board stating the District would like to contract his services.  The fax number for Eco Resources is:  303-307-3201.  There was further discussion regarding meters being read every other month, taps being made, water being turned on, and how Arabian Acres does their billing.  Mr. Rupp will call Mr. John Volk, Lead Operator for Eco Resources, 303-912-9698, tomorrow to discuss services.

 

Director Billings mentioned the Districts’ rules and regulations were on line and would like Eco Resources to look them over.  There needs to be coordination between water operators and contractors because lines have been cut in the past.

 

Director Billings thanked Mr. Migchelbrink and appreciated Eco Resources for coming on line so quick.  Mr. Michlebink’s e-mail address is:  rogerm@ecoresources.com 

 

There was a motion that the District accepts Eco Resources, effective immediately, as the District’s water distribution contractor. The motion was seconded, unanimously carried and approved.

 

Further discussion ensued regarding Eco Resources.  They are a national company and very well known in the water industry; however, there are concerns regarding extra costs in the original contract.  It was suggested an oversight committee be elected.  Director Billings e-mailed a copy of the original contract to all Board members.  All line items in the contract will be reviewed by the board members and Mr. Migchelbrink of Eco Resources for any modifications before it is finalized and approved.  When the contract is finalized, it will be sent to Ms. Fritsche for final approval before signing.  The Districts’ “Rules and Regulations” will also be reviewed for any necessary changes.  At the last meeting, the Board approved up to $1,000 that the President could spend on emergencies.  Any amount over that the Board would have to approve.

 

 

 

Financial Matters

 

 

 

 

 

Discussion ensued regarding e-mailing all information that Mr. Malcom brings to regular meetings.  Whatever can’t be sent out by e-mail will be brought to the meeting.  This will save a lot of time and copying.

 

Administrator’s Report

Mr. Malcom is still receiving phone calls regarding the water bills being confusing.  Further discussion will be at a later meeting.

 

Operator’s Report

Mr. Barwick talked to Director Billings about master meters and that they are reading 20% off, clicking on 80 instead of 100.  Mr. Rupp also talked to Mr. Barwick regarding the meters and stated that because of the low flows of the wells the data would not be valid.

 

 

Attorney’s Report

None Given

 

Consultant’s Report

 

None Given

 

Other Business

 

 

 

 

 

Discussion ensued regarding Mr. Strole receiving documentation from the State on possible grants.  Mr. Strole submitted his recommendations to the state for the following:  1) Water Well, 2) Tank, and 3) Infrastructure.  Further discussion will be at a later meeting.

 

Adjournment

There being no further business to come before the Board, and upon motion duly made, seconded and unanimously carried, the meeting was adjourned at 8:50 PM.  Next Meeting:  June 16, 2006

 

 

 

 

 

 

 

 

                   _________________________________________

                              Secretary for the Meeting