MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE TOLLGATE CROSSING METROPOLITAN DISTRICT NO. 2 HELD OCTOBER 25, 2016 A regular meeting of the Board of Directors of the Tollgate Crossing Metropolitan District No. 2 was held on Tuesday, October 25, 2016 at 6:30 p.m. at the Tollgate Crossing Community Center, 24625 E. Bellewood Drive, Aurora, Colorado 80016. The meeting was open to the public. Attendance In attendance were the following Directors: Shelly Gregory Brian Matise Earl Johnson Also in attendance were: Cynthia M. Beyer; CliftonLarsonAllen LLP ( CLA ) Anna Aune, Resident Pat Mallon, Resident Julie Andersen, Resident Stephanie Spokas, Resident Kathy Buttke, Resident Tracy Ramakrishnan, Resident David Kinney, Resident Call to Order Approve Agenda Declaration of Quorum/Director Qualifications and Conflicts of Interest Director Johnson called the meeting to order at 6:44 p.m. After review, upon a motion duly made by Director Matise, seconded by Director Johnson, and upon vote unanimously carried, the Board approved the agenda as amended to include post packet items and excused the absences of Directors Webb and Martinez. A quorum was declared. There were no new conflicts to be disclosed. Public Comments Members of the public addressed the Board. Tracy Ramakrishnan stated she supports the Board but was concerned about the prairie dog mitigation. She asked the Board to investigate alternatives to killing them. Ms. Ramakrishnan asked the Board about having the community more 1
CONSENT AGENDA DISCUSSION AGENDA involved in the decision making process. Director Johnson addressed Ms. Ramakrishnan s concerns regarding the prairie dog mitigation. Ms. Spokas asked the Board if the residents could vote on everything. Director Matise addressed Ms. Spokas s concerns regarding election and decision making. Ms. Buttke addressed the Board regarding various issues. Review and Approve Minutes of the September 27, 2016 Regular Board Meeting - Director Matise abstained from the vote. Review Cash Position Legal Report Collections Report Ratify Approval of Follow up Treatment with Animal & Pest Control Specialist, Inc. - Director Matise abstained from the vote. After discussion, upon a motion duly made by Director Gregory, seconded by Director Johnson, and upon vote unanimously carried, the Board approved the Consent Agenda as presented. Vendor Matters A. Front Range Recreation a. Review Closing Report Ms. Jones briefed the Board on her pool management report. Ms. Jones stated if the Board desired, she could send the RFP to the contractors who had responded for the kiddie pool improvements. She would have those bids by the November meeting. b. Review and Consider Approving Pool Equipment Purchase Director Gregory asked Front Range to obtain quotes for the furniture which needs to be replaced. Director Johnson directed Management to place the broken chairs and the tables in the trash, if it not been done yet. The Board tabled this agenda item. 2
c. Review and Consider Approving Pool Management Agreement for 2017 Pool Season After discussion, upon a motion duly made by Director Matise, seconded by Director Gregory, and upon vote unanimously carried, the Board approved Pool Management Agreement for 2017 Pool Season. B. LandTech Contractors, Inc. a. Monthly Landscape Report October 2016 The Board reviewed the monthly report as a part of their post packet. The update from LandTech was provided prior to a quorum being present. b. Gun Club Main Line Update c. Replacement of Grass Update d. Monument Refurbishment Update LandTech confirmed items b, c and d have been completed. e. Mulch and Rubber Matting for Kiddie Pool and Playground The Board tabled this item. f. Review and Consider Approval of Independent Contractor Agreement with Land Tech for 2016-2017 Snow Removal Service After discussion, upon a motion duly made by Director Matise, seconded by Director Gregory, and upon vote unanimously carried, the Board approved the Independent Contractor Agreement with Land Tech for 2016-2017 Snow Removal Service subject to the addition of the snow removal priority list to be approved by Director Johnson. g. Review and Consider Approval of 2017 Landscape Maintenance Agreement with Land Tech After discussion, upon a motion duly made by Director Matise, seconded by Director Johnson, and upon vote unanimously carried, the Board approved the 2017 Landscape Maintenance Agreement with LandTech, subject to verification of the backflow approval test being a part of the contract and clarification of the insect sprayings in the spring as part of the base treatments. h. Tree and Plant Healthcare LandTech will provide a monthly breakout so the Board can select items for maintenance. 3
i. French drain Proposal The Board tabled this item until spring. C. Discussion Regarding ET Controllers Director Gregory, and upon vote unanimously carried, the Board approved going forward with a 5 year contract, subject to verification of the technology clarification needed for analog v. digital for reading the meters and ET being responsible should there be an issue. Financial Matters A. Review and Accept Unaudited Financial Statements as of September 3, 2016 The Board reviewed the August 31, 2016 financial statements. After discussion, upon a motion duly made by Director Johnson, seconded by Director Matise, and upon vote unanimously carried, the Board accepted the September 30, 2016 financial statements. B. Review and Consider Approval of Claims After review, upon a motion duly made by Director Matise, seconded by Director Johnson, and upon vote unanimously carried, the Board approved payment for the current claims. C. Review Draft 2017 Budget Director Matise reviewed the 2017 budget with the Board. Director Matise provided some revisions to the budget numbers. After discussion, upon a motion duly made by Director Matise, seconded by Director Johnson, and upon vote unanimously carried, the Board approved to set the budget hearing on November 15, 2016 at 6:30 pm. Manager s Items A. Review CLA Management Fees Spreadsheet and Discuss New Management Engagement Letter Scope of Services Ms. Beyer reviewed the fees spreadsheet with the Board. Ms. Beyer presented the updated Management Engagement Letter. Ms. Beyer stated the price includes one monthly visit and additional visits would be at the hourly special rate of $100.00 per hour. She requested for the Board to provide a 4
checklist so CLA would know the items to check during site visits. Additionally, because of multiple bids, CLA agrees to obtain at a minimum 2 bids, if possible per project. If the Board requests additional proposals, the District will be charged at a special rate outlined in the engagement letter. While Director Matise moved to approve the 2017 letter, due to the lack of a second, the motion died. Director Johnson expressed concern of CLA s performance. B. Update on the Community Beautification Ms. Beyer reports that the check was received from the City in the amount of $2,083.00 on 10/21. C. Bi-Monthly Billing Statement Newsletter Insert Director Matise wanted to seek legal counsel s opinion on whether private groups calendar information could be included in the billing statements for the District. D. Update on Basketball/Volleyball Repairs Ms. Beyer noted the repairs were completed. Director Johnson noted he did not like the quality of the repairs. D. Review and Consider Approval of Proposal for Additional Pool Key Cards Director Johnson, and upon vote unanimously carried, the Board approved the proposal from Englewood Locks in the amount of $1,166 for 300 pool key cards. The Board asked the Manager to confirm that the District was collecting fees for replacement cards. E. Review and Ratify Approval of Proposal from Arapahoe County Security for Gate Repairs at the North Pool Gate in the amount of $1,208.00 After review, upon a motion duly made by Director Johnson, seconded by Director Matise, and upon vote unanimously carried, the Board ratified approval of proposal from Arapahoe County Security for gate repairs at the North pool gate in the amount of $1,208.00. F. Clubhouse Front Door Repair The Board tabled until next meeting. CLA will request additional information from Arapahoe County Security. 5
G. Update on Hanging Sign Ms. Beyer informed the Board the Contractor required a deposit for the sign. Director Johnson asked if the cost included sign permits. Ms. Beyer indicated she would confirm it is included. H. Review and Consider Proposal for Holiday Décor The Board reviewed the proposals. After review, upon a motion duly made by Director Matise, seconded by Director Gregory, and upon vote unanimously carried, the Board approved the proposal from XMAS Lights, LLC in the amount of $6,642.00. I. Update on Trash Corral Damages a. Review and Consider Approving Proposal from Columbine Hardscapes, Inc to repair Trash Corral in the amount of $3,640.00 After review, upon a motion duly made by Director Johnson, seconded by Director Matise, and upon vote unanimously carried, the Board approved the proposal from Columbine Hardscapes, Inc. to repair Trash Corral in the amount of $3,640.00. Director Johnson asked if this also included the gate. If not, Management was directed to get this repaired also. J. Splash Pad/Kiddie Pool Update It was noted that this update was provided earlier during Front Range s presentation. K. Update on Masonry Repairs Ms. Beyer informed the Board that this was in progress. Once the pillar is rebuilt on Gunclub and Chenango, the fence panel proposals will be requested as the pillar needs to be in place for an accurate panel measurement. L. Update on Prairie Dog Mitigation Consider and Additional Follow Up Treatment Ms. Beyer updated the Board that the mitigation has been completed. M. Update on Tile Installation Ms. Beyer informed the Board the tile installation would be completed during October 31 through November 4. 6
N. Update on Monument Lights Maintenance a. Review and Consider Approval of Light Cages in the amount of $509.00 The Board deferred action on this item. O. Update on Security Cameras and Safety Grant Ms. Beyer informed the Board, that the replacement DVR has been ordered and that the Safety Grant was submitted. It could not be submitted until the check was signed at the previous board meeting. P. Update Comcast Reimbursement Ms. Beyer informed the Board that CLA has contacted Comcast numerous times and not received any information back. Upon a motion duly made by Director Matise, seconded by Director Johnson, and upon vote unanimously carried, the Board approved to file suit against Comcast. Q. Manager s Recommendations a. Playground Inspections Ms. Beyer asked the Board if it would like management to get playground inspections done. The Board declined to have these scheduled. b. Insurance Audit Ms. Beyer presented the schedule and asked if the Board would like to have additional items added. The Board directed CLA to provide a list and the costs of the additional items. c. Additional Dog Waste Station; Location of Dog on Leash Signs and Bids to Install The Board did not want to add any other dog waste stations and CLA to obtain bids to the sign installation. Board directed Director Johnson to send notice to LandTech to get better doggie bags. d. Holiday Events Ms. Beyer asked the Board if it had any holiday events it wanted to have listed. The Board said it had not planned any holiday events. Legal Matters A. Update on City of Aurora Land Conveyance Mr. Matise provided an update to the Board regarding his review of the City of Aurora s draft 2017 budget. 7
B Consider Approval of Resolution Accepting District Eligible Costs Director Johnson, and upon vote unanimously carried, the Board approved subject to the suggested changes by Director Matise to be made to the resolution. C. Update on School Tree Strip This item has been completed D. City Repairs of E. Progress Dr. Ms. Beyer reported that letters for these repairs were included in the post packet. Director Johnson, and upon vote unanimously carried, the Board approved to file suit against the City of Aurora for the damages for the snow issues. Directors Matters Director Johnson, and upon vote unanimously carried, the Board approved that pursuant to CRS 24-6-207 if any residents provided him their email addresses, he would send an email to them 72 hours in advance of the agenda for the meeting. Director Matise asked the Manager to provide the date for when the mailing inserts go out so this could be included in the inserts for the district s bills. Directors noted increased vandalism at the park. Director Gregory noted the infant swing was being cut and that someone had thrown something at the new sign in the park. Other residents noted increased vandalism in the community. After discussion, upon a motion duly made by Director Johnson, seconded by Director Matise, and upon vote unanimously carried, the Board approved the proposal from CoBiz Public Finance, Inc ( CoBiz ), to finance $2 million of Infrastructure Improvements. The Board signed and directed CLA to send to CoBiz. Adjournment There being no further business, the Board adjourned the meeting at 9:03 p.m. The next meeting is a Special Meeting on Tuesday, November 15, 2016, at 6:30 p.m. at 24625 E. Bellewood Dr., Aurora, CO 80016. Respectfully submitted, Secretary for the Meeting 8