Joint Special Meeting Minutes, September 12, 2022

MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF FOREST LAKES METROPOLITAN DISTRICT AND PINON PINES METROPOLITAN DISTRICTS #2 AND #3

Held: Monday, September 12, 2022, at 4:00 P.M., by teleconference.

Attendance

A Special Meeting of the Board of Directors of the Forest Lakes Metropolitan District and Pinon Pines Metropolitan Districts #2 and #3, El Paso County, Colorado was called to order at 4:01 P.M. and held as shown above and in accordance with the applicable statutes of the State of Colorado, with the following Directors present and acting:

• George Lenz
• Jim Boulton
• Joe Loidolt

Also present:

• Natalie Barszcz, OCN
• Russ Dykstra, FLMD Attorney
• Ann Nichols, District Manager

Excused Absence:

• Doug Simple

Agenda and Meeting Location

The Board reviewed the Agenda for the Districts’ Regular Board Meeting. Following discussion, upon motion duly made by Director Loidolt, seconded by Director Boulton, and unanimously carried, the Agenda was approved.

Mr. Dykstra has previously explained to the Board that, in view of the current COVID 19 disruptions, the Colorado Attorney General is reviewing the open meeting requirements for public entity meetings. It continues to be Mr. Dykstra’s opinion that this Board meeting meets all open meetings requirements since the public has been appropriately notified of the opportunity for them to participate by phone.

The Board entered into a discussion regarding the requirements of Section 32-1-903(1), C.R.S. concerning the location of the Districts’ Board meetings. Following discussion, upon motion duly made, seconded and unanimously carried, the Board determined that because there is not a suitable or convenient location within the District’s boundaries to conduct public meetings they determined to conduct the meetings at the above stated location. The Board further noted that notice of this location was duly posted and that they have not received any objections to said location or requests that the meeting place be changed by any resident or taxpaying elector within its boundaries.

Public Comment

None

Disclosure of Potential Conflicts of Interest

The Board discussed the requirements of Colorado law to disclose any potential conflicts of interest or potential breaches of fiduciary duty to the Board of Directors and to the Secretary of State. The members of the Boards were requested to disclose any potential conflicts of interest with regard to any matters scheduled for discussion at this meeting, and incorporated for the record those applicable disclosures made by the Board Members prior to this meeting in accordance with statute.

Approve Minutes for July 11, 2022 FLMD and Pinon Pines Metropolitan Districts # 2 and #3 Board Meeting

Following discussion, upon motion duly made by Director Loidolt seconded by Director Boulton,  and unanimously passed, the  July 11, 2022  Minutes were approved.

Approve Minutes for July 28, 2022 FLMD Board Meeting

Following discussion, upon motion duly made by Director Loidolt seconded by Director Boulton,  and unanimously passed, the  July 28, 2022  Minutes were approved.

Review and Approve Northern Monument Creek Interceptor Design Agreement

Ms. Nichols noted that the most current version of this Agreement was previously distributed to the Board. She explained that the Tri-Lakes Wastewater Treatment Plant owners have decided not to participate in the Northern Monument Creek Interceptor (NMCI) project as has Donala. Triview has already executed the Agreement and Triview and FLMD continue to talk with Donala to understand their reluctance to participate. Colorado Springs Utilities has indicated their willingness to proceed with the design with just Triview and FLMD as participants. They will be flexible in the design process to attempt to provide an opportunity for Donala to utilize the NMCI if they change their decision. Ms. Nichols noted that she has budgeted $90,000 for FLMD’s expected costs for the design project. She also noted that the Joint Operating Committee of the Upper Monument Creek Wastewater Treatment Plant has tentatively agreed to hire an independent outside consultant to evaluate the cost of meeting all known and likely regulatory requirements over the next decade and to provide a comparison of the cost of that option versus participation in the NMCI project. Following discussion,   upon motion duly made by Director Loidolt, seconded by Director Boulton and unanimously passed, the Board approved execution of the NMCI Design Agreement.

New Business

None

Adjournment

Upon motion by Director Loidolt, seconded by Director Boulton and unanimously approved, the meeting was adjourned at 4:15 P.M.

The foregoing Minutes were approved by the Board of Directors on the 5th day of December, 2022.

The foregoing constitutes a true and correct copy of the Minutes of the above-referenced meeting.