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 Colorado.
The following Directors were in attendance: Radford K. Walker Dennis S. Yoder Gene L. Billings David J. Biondo Director
Al Jordan was excused. Also present were Dave Stanford (arriving at
approximately 8:15) and Nancy Reeder with AquaTest, Inc. and Ken Rupp,
private consultant to the District. |
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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. |
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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 Colorado law, certain
disclosures may be required prior to taking official action at the
meeting. The Board reviewed the agenda for the meeting, following which 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. |
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Approval of Minutes |
The minutes of the regular meeting of the Board of Directors held June 11, 2004 were read, and upon motion duly made, seconded and unanimously carried, were approved as revised. A copy of the revised June 11, 2004 minutes were signed by Director Yoder. The minutes of the regular meeting of the Board of Directors held July 9, 2004 were read, and upon motion duly made, seconded and unanimously carried, were approved as revised. A copy of the July 9, 2004 minutes were signed by Director Yoder. |
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Financial Matters |
Director Jordan had emailed to everyone his report on the financial overview of the District as of July 31, 2004. With the two $8,000 tap fees that will be deposited into the District’s Zion’s Bond Fund account (representing tap fees) and the property tax still due to be paid to the District by the end of the year, the District should be able to meet the Bond payment due in December without problem. There may be as many as three more taps before the end of the year, and that will certainly help towards the Bond payment due in June 2005. The Directors asked that Director Jordan include balance/activity information for the ColoTrust account in future reports. A brief discussion was held regarding the Rupp Family Partnership Advance and Reimbursement Agreement. Mr. Rupp said that that issue could be reviewed at the last minute and addressed according to the District’s financial status at that time. The Board appointed Director Walker to be added as an alternate designee on the ColoTrust account Paul Goedecke, the District’s accountant, emailed his quarterly financial review for the period ending June 30, 2004. He made a change on the balance sheet format, which was completed by Ms. Reeder, and revised balance sheets for June 30 and July 31 were handed out at the meeting. Monthly expenses were reviewed. Legal costs were discussed and the District is now current with legal bills. There also appears to be a percent calculation problem on the % Budget report on the “Publication” line. Ms. Reeder will explore and correct that problem. Ms. Reeder and the Directors reviewed the Cash Disbursement Journal. A motion was made for the Board to pay the bills as presented. The motion was seconded and unanimously carried. The resolution prepared by AquaTest, for the Board meeting date change was also prepared by the District’s attorney due to confusion regarding who was responsible for such items. The District requested a credit of the $48.30 charge from AquaTest for the resolution, and Mr. Stanford agreed. AquaTest will credit that on the next invoice. In the future, the Board will decide who will prepare what resolutions and assign the task accordingly. There has been no further communication with Paul Goedecke regarding accounting procedure changes, his recommendations concerning financial changes for 2003/2004 or any possible budget amendment. Ms. Reeder and Mr. Stanford both explained that Mr. Goedecke is not quick to return phone calls or emails. The Board directed Ms. Reeder to actively and persistently pursue communication with Mr. Goedecke to get these issues resolved. Mr. Stanford suggested that a better way to reach Mr. Goedecke might be with a letter from the Board stating their displeasure with his response time. Director Billings will prepare a draft letter to Mr. Goedecke and send it to Director Yoder for his review. The Board has asked AquaTest for a breakdown of estimated costs (i.e., hourly rates) for their services by category. |
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District Operations Discussion |
a. Administration: See above comments regarding confusion over the preparation of resolutions. b. Management: There is still no response from Qwest regarding the dry control lines between Control Buildings A & B. Director Walker works for Qwest, and he volunteered to pursue this issue from his end. Once the District has the information and cost, it can be decided whether to proceed or abandon the idea. Regarding the Trout Haven easement for the vacated roadway property on the Pavilion property, the lawyer feels it is imperative that the District acquire an easement for its main that traverses this property. Mr. Rupp will take over this issue and proceed as far as he can. He will approach Pete Kyper about the possibility of signing a general easement, which does not require a survey. Regarding the Trout Haven property owners’ letter, Mr. Rupp suggested that the Directors re-read his email concerning this issue, as there are many potential taps on Kutsu Ridge Road, Tioga Trail and Trout Haven Road. Director Billings will develop a letter for the property owners in these areas, and forward to the Directors for their input and approval. Director Billings will also talk to the attorney about the legalities of the “creative offers” suggested in Mr. Rupp’s email, once the letter has been agreed upon by the Directors. Director Billings will then print and mail the letters. c. System Operations Mr. Stanford cannot offer an obvious reason for the water loss/leak that appears to have disappeared. Water loss for the month of July is at a normal level. Many hours were spent trying to locate a leak, but none were found. However, it is possible that the presence of AquaTest employees within the District actively looking for leaks may have stopped someone from bypassing their water meter. |
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Manager’s Report |
Mr. Stanford reports that the system is working well. Well #5 is now working. The MPA test has been taken and the results have been forwarded to the State Health Department. The well will probably will be shut down by the State due to a high risk of surface water contamination. According to State regulations, the well must be tested every day, shutdown, or re-drilled. The well re-drill permit will be completed soon. If the District has to re-drill the well, it will be done next year. It will take approximately 60 days to get the permit, then another three to four months to get on a well-driller’s schedule. The concrete pad at Well #8, which is required by the State, will cost approximately $1,200. The issue to have a concrete pad installed at Well #8 was tabled until the next Board meeting. |
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Attorney’s Report Other Business Miscellaneous Topics Adjournment |
Mr. Rupp stated that the Camp Iana Easement is still a slow process. He finally got in touch with the correct person at Colorado Springs Utilities and if AutoCAD files are available, this will help with the presentation to Colorado Springs Utilities, which is the first step of the easement process. The revised petition to amend the Water Court Decree has been prepared by David Lindholm, the District’s water attorney. Mr. Rupp handed out a copy of the documents prepared by Mr. Lindholm, and asked the Board if they wished to pursue this. There is a correction in the District’s address that is required, and the Board directed Mr. Rupp to continue with pursuing the amended Decree as written. A Budget Calendar from Seter & Vander Wall was included in the Director’s packets. A brief discussion was held regarding Joan Fritsche’s attendance at a future meeting. It was noted that Mr. Goedecke must present a budget to the Board by October 15, which is the Board’s meeting date in October. Director Billings will contact Ms. Fritsche and see which meeting is best for her to attend. Director Billings appointed the following to the 2005 Budget Committee: Director Al Jordan Director Dennis Yoder Director Radford Walker Mr. Rupp volunteered to also attend the committee meetings, if he could be of assistance. Director Radford will be attending the SDA conference. The Directors who were at the August 20, 2004 Board meeting signed their proxy vote over to Director Radford. Director Yoder suggested that tap fees be discussed at the next meeting, so the District can see if their fees are in line with other Districts. AquaTest will provide some information on other tap fees in the area. There being no further business to come before the Board, and upon motion duly made, seconded and unanimously carried, the meeting was adjourned at 9:35 PM. _________________________________________ Secretary for the Meeting |