RECORD OF PROCEED]NGS MINUTES OF THE BOARD OF DIRECTORS OF THE ARAPAHOE COUNTY WATER ANTI WASTEWATER AUTHORITY. HELD: January 11, 2017

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1 RECORD OF PROCEED]NGS MINUTES OF THE BOARD OF DIRECTORS OF THE ARAPAHOE COUNTY WATER ANTI WASTEWATER AUTHORITY ATTENDANCE: HELD: January 11, E. Caley Ave. Centennial, CO Present were Directors: Ken Beard, Doyle Tinkey, Geri Santos-Rach, Cliff Dodge, Tom Wood, and Brad Cromer. Director Nancy Sharpe was absent and excused. Director Keith Gardner was absent and unexcused. Also in attendance were Steve Witter, Kevin McBrien, Kate McRae, Martin Stegmiller, Arnie Reil, Patty Pratt, Michael Morianti, Emily Lowell, Rhonda Ruiter, and Legal Counsel Rick Kron. Guests in attendance were: Alan Leak, Respec; Pat Mulhern representing Cottonwood Water and Sanitation District; Randy Warren representing Inverness Water and Sanitation District; and Jeff Baker, Commissioner of Arapahoe County Board of County Commissioners. CALL TO ORDER: Director Beard called the meeting to order at 9:00 a.m. in the Arapahoe Conference Room of the Arapalioe County Water and Wastewater Authority (ACWWA) office at E. Caley Ave., Centennial, CO Director Santos-Rach led the Pledge of Allegiance. ADOPTION OF THE AGENDA: Director Dodge made a motion to approve the agenda as presented; the motion was seconded by Director Tinkey and passed 5 to 0. PUBLIC FORUM No one came forward to address the Board. CONSENT AGENDA: Director Tinkey moved to approve the Consent Agenda as presented and Director Santos Rach seconded the motion. Director Beard called fora vote. The motion passed 5 to 0. The Consent Agenda consisted of the following: Page 1 of 5

2 1. Request for Approval of Minutes of the Board of Directors of the Arapahoe County Water and Wastewater Authority - from December 14, Request for Approval of Minutes of the Board of Directors of the Arapahoe County Water and Wastewater Authority Study Session from January 4, Request for Approval of Payment Register 4. Request for Approval of Proposed ACWWA Financial Policies 5. Request for Approval Regarding the Funding Authorization of the Lawn Irrigation Return Flow Study 6. Request for Approval of Funding for the 2017 Enhanced Water Main Cleaning (Ice Pigging) Program Director Wood arrived to the meeting at 9:02 a.m. GENERAL BUSINESS ACTION items ITEM 7 Discussion and Possible Action Regarding ACWWA Committees Mr. Witter introduced Jeff Baker, newly elected Arapahoe Board of County Commissioner (BOCC) and indicated that Mr. Baker had been appointed by the BOCC to the ACWWA Board of Directors. The Board had a brief discussion regarding the various ACWWA committees they currently are serving. All Board Members indicated they were happy with the current assignments. The Board then discussed to which committee Mr. Baker would be appointed. Director Dodge moved to appoint Director Baker to serve on ACWWA s Personnel Committee; the motion was seconded by Director Wood. With no further discussion necessary, Director Beard called for a vote. Motion passed 6 to 0. ITEM 8 Discussion and Possible Action Regarding ACWWA 2017 Goals Mr. Witter presented management s goals for 2017 and how they relate to the ACWWA Board s overarching goals of water quality improvement; expense/capital projects management; expansion of customer base and revenue opportunities; and improve customer/stakeholder/partner relations. Mr. Witter answered a few related questions. item 9 Discussion and Possible Action Regarding the Hunt Water Rights Page 2 of 5 Mr. Witter gave a brief history of the philosophy behind the purchase of these water rights and how it was similar to the Elkhorn Ranch water rights purchase. ACWWA s records seem to indicate that past Boards have not shown any interest in pursuing service to this area. This area has yet to be developed and staff has been approached by one of the property owners requesting that he be allowed to purchase back the water rights so that he can develop the site, serving the area with the repurchased water rights. Staff would like direction regarding whether there is an interest to allow sales of said water rights on a case by case basis, if the obligation for ACWWA to serve such properties is released concurrently. Staff has consulted with ACWWA engineer Alan Leak and legal counsel Rick Kron and both indicate it can be done as proposed. After

3 discussion, the Board directed staff to follow-up with the developer regarding a full release of ACWWA s obligation to serve water to the area of the sale and if they are willing to release, ACWWA will consider a deal. ITEM 11 General Manager Report to the Board of Directors Mr. Witter reported that the Enhanced Water Main Cleaning (Ice Pigging) was completed in the Orchards Subdivision in December 2016 for a total cost of $22,000. Mr. Witter reported that he attended the retirement party for former Arapahoe County Commissioner and ACWWA Board Director, Rod Bockenfeld in early January, reporting that Mr. Bockenfeld has positive words regarding the direction ACWWA is heading. ITEM 12 Committee Updates Mr. McBrien gave a brief report of the Planning Water Resources and Capital Projects Committee meeting that took place on January 4, Director Tinicey reported that the Personnel Committee will bring a recommendation to the Board at the next Board meeting regarding the General Manager s evaluation. ITEM 13 Staff Updates A. Development Report Ms. Reil reported that there were a total of 271 tap equivalents sold in 2016, totaling $8.9M, which is 91 tap equivalents over the 2016 goal. k 2017, staff expects many more residential tap sales than were sold in The overall goal for 2017 is 240. B. Legal Report Mr. Kron reported he had nothing new to report to the Board. ITEM 14 Informational Updates No further information was reported. ITEM 10 Discussion and Possible Action Regarding the JWPP Re-Conversion Project The Board asked Mr. Mulhern if he had anything new to report. Mr. Mulhern reported that CH2M is working to develop the 30% design plan and a work session for that is scheduled for next week. Mr. Muihern reported that the proposed three-year management agreement between ACWWAICWSD and CH2M is still being developed and will probably be available in March 2017, after a design build and operational RFP are issued. Mr. Mulhern indicated that CWSD is asking the ACWWA Board to approve the reconversion contingent on all of the terms and conditions of the proposed contract being met. Mr. Mulhern emphasized that ACWWA would not be committed to anything unless all aspects are in place and in front of ACWWA for complete vetting. The Board directed staff to forward the final report from the Phase ifi testing. EXECUTWE SESSION Page 3 of 5 At 9:56 a.m., a motion was made by Director Santos-Rach and seconded by Director Wood to enter into an Executive Session, pursuant to (4)(b) C.R.S., to consult

4 or receive advice from the attorney on specific legal questions concerning the JWPP contract amendment. Motion passed 6 to 0. The following people were present in the Executive Session: Ken Beard, Doyle Tinkey, Geri Santos-Rach, Cliff Dodge, Tom Wood, and Brad Cromer. Also in attendance were Steve Witter, Patty Pratt, Kate McRae, Kevin McBrien, Rick Kron and Alan Leak. At the direction of Mr. Kron, the Executive Session was not recorded. At 9:56 a.m., a motion to adjourn the Executive Session, for the purpose of swearing in the newly appointed Director, Jeff Baker, was made by Director Tinkey and seconded by Director Wood. Motion passed 6 to 0. The Board took a ten-minute break. Ms. Ruiter then administered the Oath of Office to Jeff Baker. At 10:06 a.m., a motion was made by Director Santos-Rach and seconded by Director Wood to enter into an Executive Session, pursuant to (4)(b) C.R.S., to consult or receive advice from the attorney on specific legal questions related to the JWPP Re Conversion. Motion passed 7 to 0. The following people were present in the Executive Session: Ken Beard, Doyle Tinkey, Geri Santos-Rach, Cliff Dodge, Tom Wood, Brad Cromer, and Jeff Baker. Also in attendance were Steve Witter, Patty Pratt, Kate McRae, Kevin McBrien, Rick Kron and Alan Leak. At the direction of Mr. Kron, the Executive Session was not recorded. At 10:50 a.m., a motion to adjourn the Executive Session was made by Director Cromer and seconded by Director Wood. Motion passed 7 to 0. Mr. Kron invited members of the public to return to the room. ifi Open Session after a brief discussion, Director Cromer moved to approve funding up to $88,000 to share the cost of taking the blended treatment plant design from 30% design to 60%. The motion was seconded by Director Wood and passed 7 to 0. Following discussion Director Wood moved to direct ACWWA staff and legal counsel to work with Cottonwood Water and Sanitation District (CWSD) towards putting together an amendment to the existing Intergovernmental Agreement, to proceed with the biological treatment system and the potential RFPs, in order to use the investment ACWWA has made in the JWPP to its fullest extent. The motion was seconded by Director Dodge and passed 7 to 0. ADJOURNMENT At 10:52 a.m. Director Tinkey made a motion to adjourn the meeting. The motion was seconded by Director Beard and passed 7 to 0. Page 4 of 5

5 Approved: COUNTY WATER AND -esident ATTEST: Geri Santos-Rach, Secretary Page 5 of 5

6 0 SpencerFane~ RICK KRON Diaiicr DIAl.: (303) corn File No June 16, 2017 Arapahoe County Water and Wastewater Authority Caley Avenue Centennial, CO Re: Opinion Concerning the Executive Session regarding JWPP Contract Amendment Held January 11,2017 Members of the Board: In my opinion, the executive session regarding JWPP Contract Amendment that occurred during the Board meeting that I personally attended on January 11, 2017 was properly announced and was a privileged attorney-client communication. Therefore, no record or electronic recording of the executive session was required pursuant to Section (2)(d.5)(II)(B), C.R.S. Very truly yours, NFK/cbw Rick Kron ON ,1 SIENCER FANE LLP I 1700 LINCOLN STREET, SUITE DENVER. CO I g FAX I sponc*t~sne corn