MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CASTLE PINES METROPOLITAN DISTRICT

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MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CASTLE PINES METROPOLITAN DISTRICT Held: Thursday, March 21, 2013, 7:30 a.m., at 5880 Country Club Drive, Castle Rock, Colorado. A regular meeting of the Board of Directors of the Castle Pines Metropolitan District, Douglas County, Colorado, was called and held as shown above and in accordance with the applicable statutes of the state of Colorado, with the following Directors, constituting a quorum, present and acting: Jackie Sundquist Jerry Spradling Karl Krueger Bob Tomz Ralph Yarusso Also present were: Paul Dannels, Sue Mantz, Jon Gray, Jeff Coufal, Carolyn Frainier, District Staff; Mark Larson, Manager, Castle Pines Homes Association (CPHA), John Preston and Joe Gschwendtner, Residents, Rita Connerly, Fairfield and Woods, PC, District Counsel, Scott Clark, Burns, Figa & Will, PC, District Water Rights Attorney. Potential Conflict of Interest Disclosures District Counsel Connerly stated that conflict of interest disclosure statements were filed with the Secretary of State s office. Review of Agenda The agenda was reviewed and approved as presented. Approval of Meeting Minutes Director Tomz made a motion, seconded by Director Spradling to approve the regular minutes of the February 28, 2013 regular board meeting. The motion passed unanimously. Approval of Well DE-8 Acid Wash with a Contingency to Replace the Pump and Motor Director Tomz made a motion, seconded by Director Spradling to approve the Well DE-8 acid wash with a contingency to replace the pump and motor. Mr. Coufal relayed that he would not have the bids back to replace the pump and motor until the following Tuesday after this board meeting. Well DE-8 feeds into Village Lakes. The acid wash will cost approximately $50,000. The estimated replacement of the pump and motor will cost $100,000. The acid wash, pump and motor are all 2013 budgeted items. This equipment is four years old and the well has experienced a steep decline in production. Mr. Coufal requested that he conduct a phone/email poll to the board members and he also requested approval of this expense through this poll. The

board members granted these requests and tabled this action item. The approval will be ratified at the April board meeting. Approval of Payables Director Krueger made a motion, seconded by Director Spradling, to approve payment of the February 2013 payables. Ms. Mantz proceeded to highlight a number of February expenditures including the purchase of a Bobcat Excavator. Payments for water rights litigation were discussed. An invoice was paid to the Greenway Foundation for the annual Chatfield Reallocation Project dues. The South Metro Water Supply Authority (SMWSA) annual dues were paid. A vote was called and the board unanimously approved payment of the February expenses in the following amounts: general fund $129,697.64, enterprise fund $204,171.69 and manual checks $35,801.79. Review of Settlement of 2004 Water Rights Case Mr. Clark arrived at this point and the board agreed to have him begin his presentation. Director Sundquist asked Mr. Clark to provide a summary of the 2004 Water Rights Case for the board. This case is also known as East Plum Creek Water Rights case. Mr. Clark s memorandum regarding the East Plum Creek Water Rights Decrees is attached to these minutes. Director Krueger left the board meeting at 8:15 a.m. during Mr. Clark s presentation. Director Yarusso left the board meeting at 8:50 a.m. after Mr. Clark s presentation. After Mr. Clark concluded his presentation, Ms. Mantz discussed February s Statement of Revenues and Expenditures. Confirm Next Board Meeting The April regular board meeting date was discussed and confirmed for Thursday, April 18, 2013, at 7:30 a.m. at Metro s office. The regular board meeting will be followed by a joint work session with the board members of the Castle Pines Homes Association (CPHA). It was agreed that the work session would be held from 10:30 am -12:30 pm in Metro s board room. Irrigation Tap Issues on the Ridge and Tournament Drive At the February 28, 2013 board meeting, the board requested that the staff send a letter to The Ridge and Tournament HOAs regarding the illegal irrigation tap. This was discovered on January 18, 2013 when Metro responded to a an emergency water leak at Ridge Plaza Drive and Tournament Drive. Counsel drafted a letter for the staff to mail out to the subassociations with associating expenses. In the near future, the board will determine the additional assessment for the illegal irrigation tap. 2

North Meadows Extension Director Tomz, Ms. Linda Battin, President of the CPHA, Mr. Dannels, and Mr. Gray met with Art Griffith, Capital Improvements Project Manager for Douglas County to discuss the North Meadows extension project. Both the District and CPHA are working to partner with Douglas County in order to mitigate the sight of the impending four lane highway. Traffic Mitigation Mr. Gray cited a 2009 traffic study conducted by CPMD traffic engineers from Fox Higgins Transportation Group. The study defines criteria utilized by all governments to set speed limits as the 85 th Percentile Speed, which refers to the speed at which 85% of the drivers (the vast majority) are driving at or below the posted speed limit. Mr. Gray noted that drivers on Castle Pines Drive South had an 85 th Percentile Speed of 7 miles per hour over the posted speed limit. This is not the only area in which speeding occurs in the village. In order to mitigate the speeding problem in Castle Pines Village, Mr. Gray suggested the following: medians, speed humps, traffic circles or curb and gutter through Gates 2, 3 and 4. Mr. Dannels and Mr. Gray met with Director Tomz on March 13, 2013 regarding this issue. Director Tomz relayed to the board that the price of a speed hump is $3,500. The estimated cost of curb and gutter with medians and traffic circles from Gate 4 to Prospect Drive is $140,000. Two-three foot wide medians from Gate 4 to Orofino Drive and Orofino Drive to Prospect Drive will cost approximately $14,000. The board discussed all of these options. Mr. Preston, an Emergency Services Committee member at CPHA, shared his knowledge regarding Emergency Services speeding enforcement in the village. Mr. Dannels said we have no current plans to install additional speed humps in Castle Pines Village. Director Sundquist, Director Spradling, Mr. Dannels, Mr. Gray, Ms. Linda Battin and Mr. Al Dugan, CPHA Director, will meet on Monday, March 25, 2013 to further discuss the traffic mitigation issue and what can be done. Visual Screening of CPMD Office Building Mr. Dannels, Mr. Gray and Mr. Coufal are working with Mark Button, of Visual Environments, to screen the area around the CPMD office building as people drive up Country Club Drive. The staff will also be meeting with the President of the Cliffs Subassociation. Mr. Dannels mentioned that board approval is still required to finance this project. The plan includes 53 Austrian and Pinyon pines. Director Spradling mentioned that his personal experience with the Pinyon pine trees had not been favorable. It looked great when he initially planted it; however, the tree has progressively thinned. Project Status Report Chatfield Reallocation/Water Resources - Mr. Jack Ostrowski was absent from the board meeting. Prior to the board meeting, he distributed his monthly report to the board members. AMI - Mr. Coufal reported that the AMI infrastructure has been completed. Currently there are approximately 75 meters that are scheduled to be repaired within six months. 3

Review Staff Matters Administration - Ms. Frainier reported that the District has a staff position opening for an Irrigation Maintenance Lead/Supervisor. The staff has been conducting phone screens and inperson interviews for this position. She also reported that interviews have been conducted for 13 seasonal positions. Ms. Frainier stated that employees have been using the newly acquired Employee Assistance Program. She informed the board that Charlotte Grulke, Client Service Representative, from Willis, visited the District and PCWA to field questions regarding Metro s health plan. Ms. Mantz reported that the District will replace eight computer workstations this year. In 2014, the District will purchase an additional three workstations as well as replace the main server. Our current workstation operating systems are not compatible with the server software that will be installed in 2014. The workstation upgrade is to the Windows 7 operating system and Office 2010. Ms. Mantz explained to the board members why Windows 7 is a better choice for our office than Windows 8. It is her opinion that Windows 8 is more of a social application and Windows 7 is more of a business application. Ms. Mantz reported that ProfitStars, the in-house water payment processing system will be rolled out the next couple of months. Currently, staff is working with counsel to review and approve contracts for ProfitStars. Operations Mr. Coufal reported that a water line ruptured and approximately 1.1 million gallons of water was lost. The repairs were made by the District. This type of repair would have cost approximately $20,000 if it had been outsourced. Metro was able repair the water line in-house for $2,000. Mr. Gray informed the board of the upcoming construction at Gate 3 including installation of curb and gutter, a median and a call box. The construction will be completed by April 1, 2013. This construction project was not in the 2013 budget and will cost around $10,000. Mr. Gray said that the Capital Improvement Project (CIP) is currently in a holding pattern because of traffic mitigation concerns. He also reported the road work at the Ridge is included in this year s CIP. Mr. Gray reported that the Northstar construction is going well. Also, the plan has changed and there will be larger homes on the lots. The extra dirt from this project is being used to construct the berm through Gate 3. Liaison Reports Plum Creek Wastewater Authority PCWA sent a formal memorandum requesting the Castle Pines Metropolitan District Board of Directors to approve their name change to Plum Creek Water Reclamation Authority (PCWRA). Counsel will evaluate this request before the board approves. Director Spradling noted that the PCWA board will not need to meet about TENORM issues at PCWA as they have been resolved. PCWA budgeted $100,000 for a TENORM study and spent $18,000. 4

There being no further business to come before the Board, and upon motion duly made, seconded and unanimously carried, the Board adjourned the regular meeting at 11:30 a.m. The Board of Directors approved the foregoing minutes on the 18th day of April, 2013. The preceding constitutes a true and correct copy of the minutes of the above referenced meeting. Co-Secretary 5