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 Radford K. Walker David J. Biondo Dennis S. Yoder Also present; Ken Rupp, private District
consultant, Dave Barwick, the Operator for the District, Terry Malcom, the
Administrator for the District and Joan Fritsche, the District’s attorney. Director Jordan was excused due to a conflict in his schedule pursuant to 32-1-905(1)(g), C.R.S. |
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Call to Order |
Director Yoder 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 Yoder 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 |
Director Biondo reviewed the financial statement and expenses. It was noted that the Park State Bank checking account has a balance of approximately $39,163. It was noted that the bank statement from Colorado Trust has not been received as yet and it was determined that an attempt will be made to obtain an online Statement. Director Biondo also gave a report on the statement of the account of the District’s bond, which was received from Zions Bank. Mr. Rupp had questions concerning the check register, specifically checks Nos. 1537 and 1538 and indicated that he would check on those items and inform the Board of his findings at the next meeting. Mr. Malcom reminded the Board that he needs authorization to access the District’s accounts. A motion was made, seconded and unanimously carried to approve the financial statements as presented. Director Billings led a discussion and analysis regarding the
District’s files and the manner in which the last District Manager/Operator
had been conducting various aspects of District business and affairs. The Board also discussed Account #11, 510 Banner Trail. Mr. Malcom reported that the new owner of
the property had contacted him and that the unpaid water bill balance should
have been paid in February 2005, but apparently through an oversight it was
not paid. Arrangements have now been
made between the Title Insurance Company and the new owner to pay the entire
unpaid balance in the near future, of which balance exceeds $1500. |
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Annual Administrative Matters |
Joan Fritsche presented various documents to the Board for consideration, signatures and passage, including the following: a). Director Qualification Affidavits were filled out and signed by the Directors present. b). Disclosure Matters/Update General Conflict Forms were completed. c). Other Administrative Actions of the Board. i.
The approval of the Annual Administrative Resolution
for 2006, which includes all issues listed below to subsection ix. A motion to approve such resolution was
made by Director Biondo after providing that the Resolution reflect that the
polling place for the District be changed to ii. Elect Board Officers. It was determined that the Directors positions did not need voted on until May 2006. iii. Designate/Confirm Newspaper for legal notices. iv. Designate/Confirm 24-hour posting location. v. Designate/Confirm regular meeting date, time and place. vi. Designate/Confirm three posting locations. vii. Designate polling place. viii. Designate DEO. ix. Designate official custodian of District records. Various discussions were had regarding the above topics, including: The 2006 Board of Directors election. Ms. Fritsche presented a memo regarding the election laws and regulations to the Board. It was noted that all Directors except Director Yoder would be up for election in May 2006. The Board discussed changing the required notice postings for the monthly board meetings to an annual posting rather than posting separate postings each month. After such discussion it was decided to post annually rather than monthly. Ms. Fritsche suggested that a District Accountant should be selected. After discussion, Mr. Malcom was directed by the Board to contact Dawn Schilling, CPA, to determine if she would be interested in serving in that capacity, and if so, to obtain a letter from her detailing her anticipated charges. The letter will be presented to the Board for consideration at the February meeting. After further discussion, Mason Russell West, LLC, CPA’s, were selected to conduct the annual audit. An appropriate motion was made to that effect, seconded and was unanimously approved. An Engagement Letter was executed by the Board for delivery to the auditors. d). The Approval/Renewal of District consultants was then considered by the Board, as per below: i. District Administrator – Terry Malcom ii. General Counsel – Seter and Vander Wall, P. C. iii. Accountant – Dawn Schilling (prospective) iv. District Engineer – JDS-Hydro Consultants, Inc. v. Water System Operator – Dave Barwick vi. Private Consultant – Kenneth Rupp e). A Resolution Affirming the District’s Water Activity Enterprise was presented. A motion to approve such resolution was made by Director Billings, seconded by Director Walker and passed unanimously. |
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Ratification of Contractor’s Agreements Administrator’s Report Operator’s Report Attorney’s Report Consultant’s Report Other Business |
A motion was made by Director Billings to affirm the Agreement with Terry Malcom to provide administrative services to the District. Director Biondo seconded the motion. The motion passed unanimously. A motion was made by Director Billings to affirm the Agreement with David Barwick to provide operation services to the District, after deletion of Paragraph 2.13.3, Director Yoder seconded the motion and the motion passed unanimously. Mr. Malcom reported that the transition was proceeding well and that all customer account information had been loaded into the RVS billing system; he noted that there were approximately 5 customer mailing addresses that were incorrect and he would be revising them shortly. Mr. Barwick reported on operational matters that he had handled during the month; he indicated that much of the time has been spent familiarizing himself with the system. He is working on developing a water management system, which will include a preventative maintenance program and he will report back to the Board when completed. The preventative maintenance program is to be submitted for Board approval and/or changes at the February Board meeting. Mr. Barwick also stated that the customer meter check and reconciliation would begin this month. Ms. Fritsche presented further
information regarding the Mr. Rupp reported that no further progress has been made with the Camp Iana/CSU Easement, the Trout Haven Resort Easement, or the Augmentation and Exchange Water Court Decree. Ms. Fritsche urged completion of the easement issues in the near future. The District’s consultant, Ken Rupp, reported that he has been monitoring the transition and it is proceeding satisfactorily to this point, However obtaining District files has been difficult. Mr. Rupp agreed to contact Aqua Test regarding obtaining copies of the Peachtree financial information files of the District. Discussion ensued regarding the previous Board decision to raise the monthly minimum service fee on all customers’ accounts by $10 per month. Director Yoder stated that no increase should be implemented without proper notice being given to the District’s customers. Due to several issues being raised concerning the 2006 Budget, Director Yoder felt that since no notice had been given to the District’s customers and could not reasonably be given until the February billing, it would be advisable for the Board to have further discussion concerning both the need of the rate increase and the Budget issues at the February Board meeting. Mr. Rupp requested the opinion of Ms. Fritsche regarding the Advance and Reimbursement Agreement as it pertains to the 2006 Budget. The discussion of monthly water service rate fee increase was tabled until the February Board meeting. It was noted by Ms. Fritsche that the Board might want to look at amending the 2006 Budget later in the year after a better understanding of the actual income/expense situation is obtained. Discussion ensued regarding the transition of the District’s consultants. It was noted that the UNCC should be notified of the District’s new system operator and contact numbers. |
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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 _________________________________________ Secretary for the Meeting |