EL RANCHO FLORIDA METROPOLITAN DISTRICT

REGULAR MEETING – August 13, 2014

The El Rancho Florida Metropolitan District held their regular monthly meeting on August 13, 2014 at 6:00 PM.   The regular meeting was attended by the following Board members:

Steve Swisher – President

Jack Wasserbach – Vice President

Robin Boucher – Secretary

David Shipps – Treasurer

Gary Skiba – Director

Also, present for the meeting were:  Rex Emenegger – Grader Operator; Gary & Jeri Wolt – Property Owners and Marsha Moreland – Administrator.  The meeting was called to order at 6:00 PM.

MINUTES:

A motion was made, moved and passed to approve the Minutes of July 2, 2014 regular meeting w/revisions.

WATER REPORT: Robert Ludwig was unavailable for this meeting so no report was given.  Robert did ask the Board to review the plans he had e-mailed and let him know if there are concerns about anything.

 

SPEED BUMPS – WOLT’S REQUEST/LETTER:

Gary & Jeri Wolt were present to discuss the use of speed humps by the Metropolitan District to slow down traffic on the subdivision roads.  Speeding is becoming more and more of a problem for residents and the grader operator when doing snow plowing and/or grading of the roads.  Steve thanked the Wolts for their attendance and their interest in the community.  He explained that because the District receives Highway User Tax from the County for our road maintenance, the County does not feel they have any obligation to patrol or issue tickets.

 

It was explained that the District’s roads are on the County Road system and had County road numbers assigned by the County Engineer, Ed Bennett years ago.  The topic has come up numerous times over the years and it is always the same answer by the County….”the District roads are not county roads and the Sheriff’s Department has no jurisdiction on private roads.”

 

Marsha read aloud the District’s Attorney, Bud Smith’s letter to the Board stating his ‘legal’ opinion of the use of speed humps or bumps (included below):

Marsha, I have reviewed the issues that might arise from the installation of speed bumps, speed humps or other traffic calming devices.  You had advised me that the county attorney advised against the installation of these devices because of liability issues.  Although much has been made of the potential liability associated with such devices, particularly speed bumps, the results have not really indicated that is a problem.  There are however, a number of other factors that would suggest the installation of such devices by El Ranch Florida Metropolitan District may not be prudent:  There is no question there are some problems created by speed bumps including slowing emergency vehicles, damage to vehicles, snow removal difficulty and other unintended results. Before installing speed bumps it would be necessary to do an analysis to determine what problem the installation and maintenance of speed bumps is intended to address and then weighing the benefits against the negative factors before an expenditure of public funds is made. Depending on the purpose behind the installation of speed bumps, it may be beyond the authority of the District.  If the speed bumps are being installed to slow traffic for safety purposes that might not be within the District’s street improvement authority which is limited to “street improvement through the construction and installation of curbs, gutters, culverts, and other drainage facilities and sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, and other street improvements”.  It would require the District to make a determination that slowing traffic aids in street maintenance and improvement thus authorizing the expenditure of District funds for that purpose. In summary speed bumps or other traffic calming devices are best suited for parking lots and quiet neighborhood streets with minimal traffic.  Many of street in the District would be considered collector or arterial streets which are intended to move a larger volume of traffic and provide a route for emergency vehicles to access a number of homes.  Without more study and analysis concluding that the benefits to the District outweigh the adverse impacts, it seems inappropriate to move ahead with the installation of speed bumps. If you or any of the Board members have questions, please contact me Bud Smith FLOYD L. SMITH ATTORNEY AT LAW     Gary explained that with the radar unit it includes solar charger, sign, speed radar software for approximately $3,000.  The units are portable and can be turned off at night.  The District does need some type of speed calming measures.  Interwest Safety will sell the units for $2600/ea.

Barrels could also be used to ‘narrow’ the traffic flow in the widest part of the road.  Cones could also be utilized.  Cassidy Drive and Ranchos Florida are the areas of concern.  Rex gave the Board a pricing list of all the options available.  After a brief discussion the Board did not decide on a method other than checking with the County to see if the District could rent a speed radar unit from them.  Gary will be speaking with the County Attorney.

The District does have the HUTF Agreement with the County and the County Road numbers assigned to the District’s roads.  Marsha explained that the County Engineer, Ed Bennett, had done a survey of the roads and where the signs should be placed.  He also determined the speed limit appropriate for the subdivision and how many signs were required.  Marsha will go thru the road files and pull the information for Gary to have for his discussion with the County Attorney and Sheriff’s Department.

SKYWERTZ PROPOSAL FOR A TOWER:

The proposal will be reviewed by Bud Smith and then discussed at the next meeting.

EASEMENT WORK:

Steve will be meeting with Tom Biessenberger on where the line will be running near his property in the next couple of days.

ADMINISTRATIVE:

• Prairie Dog Control Options –  Gary Skiba inform those present that a ‘barrier’ is one option and could be very costly for the boundary line between the District and the So.Ute Tribe.  The lots with the most concern are:  Mitchell, Malmood and Stange.  After a lengthy discussion the following motion was made:

A motion was made, moved and passed to gas the prairie dogs in the Fall and re-evaluate in the Spring, say February.  The District will do the entire are in Phase II where needed and will hit every hole.  The vote was 4 in favor and one against (Shipps).

Lyn Boyer does not want gas on her property so the Board agreed not to access her lot.  Robin will contact the property owner, Bricker, outside of the subdivision to see if he would like to work with the District and do his property as well.

• Marsha reviewed the Accounts Receivable listing with the Board.  There are 3 lots on the delinquent listing.
• An Audit Extension was filed by Frankie White, Auditor.  CWAPA was informed of the extension as well by phone.
• Dahlstrom Account – A motion was made, moved and passed to proceed with having the County collect fees for the District.

ROADS: Rex gave the following updates on the roads and common areas.

• There should be an agreement between the HOA and the District if the HOA is to pay for items of trash collection, porta potty, gate repairs and fencing at the pond area.  The HOA will continue to pay for those items thru the end of the year.  Marsha will then budget them in the 2015 budget.
• Gate Lock – HOA is considering a key fob system for access to the common area at the pond.  Rex will be getting a price.  I won’t prevent people from walking around the gate though.
• The roof over the picnic table needs propanel.  Other tables need to have a roof built.  Rex will be getting pricing.
• The little irrigation pond of Kim Jone’s by the District’s pond needs to be fenced for safety issues.  All agreed that Rex should go ahead with fencing.
• Better system with signage at the pond area.  Old signs need to be put up at beach and no fishing signs need to be put by the gate lock.
• Culvert by Ken Charles – There needs to be some rain to be sure the drainage issues are taken care of.  Ken will pay for the culvert at his driveway.
• Orange cones need to be put up on Ranchos Florida Drive to mark the area of concern where the ditch will not drain by Martha Abernathy’s lot.  Ditch needs cleaning and the culvert as well. Cleaning of the ditch is the responsibility of the homeowner adjacent to it or Pioneer Ditch.
• Install a lock on the water hydrant by the pond.  Board gave Rex go ahead to do so.
• Clean up debris by the pump house.  Jack would like to talk with Robert first to see if there is something he plans on using.

EMENEGGER’S REQUEST FOR A POND WELL:

Rex asked the Board to OK his use of a pond well at Grace Emenegger’s lot.  It would provide 250,000 gallons of water in the summer with a 5` pond.  The Colorado Dept. of Water Resource stated that the pond well would not affect the District’s water system supply.  After a lengthy discussion it was agreed that Jack would call Fiedler with the CDWR and get more information.

There being no further discussion the meeting adjourned at 8:30 PM.

 

Kate Pickford, Secretary