Meeting Minutes - January 8, 2008
The Board of Directors of the Pueblo West Metropolitan District met in regular session at 109 East
Industrial Boulevard, Pueblo West, Colorado, on January 8, 2008 at the hour of 6:30 o'clock p.m.
ROLL CALL: On roll call, M.D. “Butch” Batchelder, Chair; Director’s Stan Hren, Eugene Montoya and John
Van Auken was present. Director Sloan was excused.
Also present were Don Saling, District Manager; Judy Leonard, Administrative Assistant; Tom Mullans,
Attorney for the District; and 7 citizens.
MINUTES: On motion by Director Hren, the two (2) special meeting minutes of December 6th, special
meeting of December 10th and regular meeting December 11, 2007, were approved. Vote unanimous.
Director Hren complimented Judy Leonard, Administrative Assistant for the great job she does compiling
FINANCIAL REPORT: Members of the Board had been provided with a check register dated January 8,
2008, listing the bills for payment. On motion by Director Montoya, noting the large payments, the
outstanding bills of $1,597,259.66 are approved for payment, vote unanimous.
Chair Batchelder commented on the cost of the election on Ballot 5A being less than what was projected.
District Manager Saling explained the payment on the Vac-Con. Director Hren asked District Manager
Saling to give an update on the progress of Fire Station #3 and sewer line project. District Manager Saling
reported a completion date of March 11, 2008 for Fire Station #3. Issues due to foundation, weather and
roof trusses have caused delays. He also reported on the sewer line project being 97% completed with
boring under Highway 50. Director Hren inquired about change order expenses on these projects due to
The investment report consisted of $1,040,871.94 in Certificate of Deposits; $22,943,741.91 in Money
Market; $598,185.32 in Bond Reserve; $1,210,830.09 Year- to-Date Interest; $922,694.38 Cash on hand;
and Total Investments
DIRECTOR’S COMMENTS: Chair Montoya commended the Fire Department on their professional and caring
response to a medical call for one of his family members during the holidays. He said their response time
was approximately 3 minutes and were very professional and through giving medical attention to his
family member. He asked District Manager Saling to give the Fire Department his thanks and sentiments
on what an excellent job they did.
LAND SALES REPORT: District Manager Saling reported there was no closing for December, 2007, for total
sales year to date of $1,403,344.58.
DISTRICT MANAGER REPORT: District Manager Saling informed the Board of a check the District received
from Colorado Rural Water Association Workers Compensation Program in the amount of $4,964.00 which
is the dividend for our participation in the Pinnacol Insurance program for 2006. The loss ratio was 35.9%
and with a good loss ratio a refund is awarded to the participants.
District Manager Saling mentioned Director Sloan not in attendance due to an illness and there would not
be a Grant presentation until the February 12, 2008 Board meeting.
District Manager Saling mentioned the Greater Chamber of Commerce holding their dinner on Friday,
January 25, 2008 and to let him know if any of the Board members are interested in attending. He also
mentioned the Pueblo West Chamber of Commerce holding a business after hours from 5:30 p.m. to 7:30
p.m., Wednesday, January 9th at Comwest Digital/Cold Blue Gaming.
District Manager Saling stated he will be going up to the Special District’s Association Legislative
Committee held in Denver every other Monday to stay abreast of what our elected officials are
Chair Batchelder updated the audience of the County Commissioners regular scheduled meeting on
Tuesday, January 15, 2008 at 7:00 p.m. in the Board room and encouraged the citizens to come.
COMMITTEE OF ARCHITECTURE: District Manager Saling reported the Committee of Architecture’s
approvals for December, 2007 were twenty five single family homes, zero mobile home, two multi-family,
and zero commercial. In December, 2006 there were fifty eight single family homes, zero mobile homes,
two multi-families, and two commercial approved.
CITIZEN COMMENTS: Mr. Cramer talked about where the patches were done on the roads this has
diminished the effectiveness of the snow plows. He inquired as to the game plan for the roads. District
Manager Saling informed him that will be discussed with Pueblo County and the real fix would be to
replace the road by total reconstruction. He explained the money dedicated for road improvements will be
discussed with the County. There will be a spread sheet form Engineering and Streets and Roads that will
prioritize recommendations for road projects within the District. Chair Batchelder mentioned the
responsiveness to Pueblo West from the County Commissioners and commitment of the $500,000.00 from
the County for road projects.
LEASE AGREEMENT: The Pueblo West Metropolitan District entered into a lease with the Friedrich’s on May
27, 1997 for 147.38 acres at the east end of the District for the purpose of grazing cattle. On November
17, 1998 the District approved an Addendum to the Lease for an additional 90.26 acres in the vicinity of
the original lease. Mr. Friedrich is not interested in leasing the 90.26 acres but would like to lease the
147.38 acres for the first six months of 2008. If there is moisture that the prairie grasses grow for
grazing, they would like the option to extend the lease for another six months. The land is undeveloped
and at this time the District has no plans for the property. Within the lease is a thirty (30) day termination
Director Hren asked if there was any other potential value for the land that would generate more revenue.
District Manager Saling explained the development limitations.
RESOLUTION NO. 1763: A Resolution Authorizing The Execution Of A Lease Between The Pueblo West
Metropolitan District And Robert E. And Coralie A. Friedrich For Certain Real Property
(Director Montoya made a motion to accept Resolution 1763, vote unanimous.)
DESIGNATING PUBLIC AREAS FOR POSTING MEETING NOTICES: The Colorado Revised Statutes, Revised,
Section 24- 6-402(c.) requires, that annually a political subdivision of the state designate the public places
for the posting of meeting notices. This Resolution designates, the Administrative Offices, the Pueblo
City/County Library – White Branch, the Memorial Recreation Center, and the Pueblo County Courthouse
as those areas.
RESOLUTION 1764: A Resolution Designating The Public Areas For Posting Of Meeting Notices For
Calendar Year 2008
(Director Van Auken made a motion to approve Resolution 1764, vote unanimous.)
Mr. Adley asked if they could be posted at the Fire Stations.
APPOINTING A DESIGNATED ELECTION OFFICIAL: State Statutes requires the District to pass a Resolution
appointing a Designated Election Official for the Special Election scheduled for May 6, 2008 which the first
Tuesday is following the first Monday of May. This Resolution also permits the cancellation of the election
should there be no more candidates than offices for the election.
District Manager Saling informed the Board that between February 6th and February 21st the District will
advertise for self nominations with the deadline February 29th at 3:00 p.m. for the two positions on the
Board. Legal Counsel stated this is a regular Special District Election not a Special Election.
RESOLUTION 1765: A Resolution Appointing A Designated Election Official And Authorizing Designated
Election Official To Cancel Election
(Director Hren made a motion to accept Resolution 1765, vote unanimous.)
District Manager Saling will have, prior to the election; an Intergovernmental Agreement drawn up
between the County and District for the election that will identify the duties of the District.
EASEMENT PARCEL “D” TRACT 233: For Public Service Company to provide natural gas to Fire Station 3
they must install a gas regulator station to reduce the gas pressure off of their main line. They are
requesting a 25 foot square (625 square feet) easement for the construction of the gas regulator station.
The proposed site and alignment for the gas line is best situated in parcel “D” in Tract 233. this easement
also provides for a temporary 25 foot wide construction easement for surveying and construction
RESOLUTION 1766: A Resolution Authorizing The Execution Of An Easement With Public Service Company
Of Colorado For The Installation Of A Gas Regulator Station In Parcel “D” Of Tract 233
(Director Montoya made a motion to accept Resolution 1766, vote unanimous.)
EASEMENTS PARCELS A, B, C, & D TRACT 233: For Public Service Company to provide natural gas to Fire
Station 3 they must install a gas line from their high pressure main line in the main north south utility
easement in the east part of the District. They are requesting a permanent 10 food wide easement for the
construction of the gas line. The proposed alignment for the gas line is best situated in parcels “A, B, C, &
D” in Tract 233. This easement also provides for a temporary 25 foot wide construction easement for
surveying and construction equipment.
RESOLUTION 1767: A Resolution Authorizing The Execution Of Easements with Public Service Company Of
Colorado For The Installation Of A Gas Line In Parcels “A,B,C, & D” of Tract 233
(Director Montoya made a motion to accept Resolution 1767, vote unanimous.)
LEASE AGREEMENT: In February of 1997 the District entered in to an agreement with MSA Limited
Partnership (a.k.a. Commnet) predecessor-in-interest to Verizon Wireless for the construction of a
communications tower and rental of tower and equipment space at the tower located at the water
treatment plant on Palmer Lake. The agreement called for rental abatement of $400.00 per month until
fifty percent (50%) of the construction cost of $148,500.00 was recouped. WWC Holding Co. was
responsible for the other fifty percent. In December of 2003 Verizon took over the lease agreement from
Commnet paying the $400.00 monthly rent. During discussions with Verizon regarding the installation of a
standby generator was the oversight on the rent abatement. Under this amendment, Verizon will not seek
recovery of prior rent payments ($41,717.50), but will continue to make rent payments now in the
amount of $516.50, and make rent adjustments annually of equal to one hundred three percent (103%)
of the annual rent payable during the immediately proceeding year. Verizon will be allowed fifty (50)
square feet of additional lease space outside the Equipment Space on the property under the same terms
of the 1997 agreement. The original lease was for five (5) years with four (4) additional five (5) year
terms (automatically renewed).
RESOLUTION 1768: A Resolution Approving An Amendment To Site Lease Agreement Between The Pueblo
West Metropolitan District And Pueblo Cellular Inc., DBA Verizon Wireless
(Director Hren made a motion to accept Resolution 1768, vote unanimous.)
Legal Counsel informed the Board of the status of the Citizens for Open Government Wal-Mart Distribution
case that the Court of Appeals scheduled an Oral Argument on a day Legal Counsel would be in court. A
grant for continuation was granted and a new date for the Oral Argument will be by a separate notice by
the Court of Appeals that will tell Legal Counsel when that will be scheduled. He proceeded to explain an
Oral Argument is each side gets fifteen (15) minutes to present their argument in front of a three judge
panel in the Colorado Springs Court of Appeals building. Director Hren inquired if there would be a
decision after the Oral Argument. Legal Counsel stated that usually after an Oral Argument a decision is
made quickly and is in favor of the plaintiffs.
Mr. Price inquired about the approval or denial from whom on the Distribution Center. Legal Counsel
explained the approval of transfer of property to Wal-Mart from the District. The District was successful in
the Pueblo District Court and the plaintiffs then appealed to the Colorado Court of Appeals which the court
is now getting around to an Oral Argument.
EXECUTIVE SESSION: None
ADJOURNMENT: There being no further business to come before the Board, Chair Batchelder adjourned
the meeting. The next regular meeting is scheduled for January 22, 2008, at the hour of 6:30 p.m.,
presently set for the meeting room of the Board of Directors, 109 East Industrial Boulevard, Pueblo West,