Board Packet May 2021 - Cordillera Metro District
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David Bentley, President May 2022 Gene McGuire, Vice President May 2022 Board of Cheryl Foley, Treasurer Directors May 2022 John Van Deusen, Secretary May 2023 Dan Roberts, Assistant, Secretary/Assistant Treasurer May 2023 2
Cordillera Metro District Location: 408 Carterville Road, Cordillera Date: May 14, 2021 Time: 9:00 a.m. Regular Meeting Agenda STATE OF COLORADO ) COUNTY OF EAGLE ) SS. Due to the threat of health and safety posed by the COVID-19 pandemic, this meeting is being held via Zoom. To register for the meeting click here. Once registration is complete, you will receive instructions in your email about how to join. Board of Directors David Bentley, President | Gene McGuire, Vice President | Cheryl Foley, Treasurer | John Van Deusen, Secretary | Dan Roberts, Assistant Treasurer & Assistant Secretary Call to Order 9:00 a.m. Call to Order Declaration of Quorum/Director Qualifications/Disclosure Approval of Agenda Approval of Consent Agenda – March 12 and May 7, 2021 Meeting Minutes Public Comment 9:15 a.m. CMD welcomes public comment. Discussion Items 9:30 a.m. • Financial Review- Cheryl Foley, Treasurer, Dan Roberts, Assistant Treasurer & Assistant Secretary and Bob Donovan, Ad Hoc Committee for District Financing • Colorado Special Districts Property and Liability Pool- Vicki Sullivan, Client Relations Coordinator, McGriff Insurance Services Inc. • Traffic Calming Plan and Resolution- Trevor Broersma, Operations Director, Ron Hoppner, IT Administrator and Anna Wool, Counsel [Action requested: Approve Resolution to Issue Fines for Speeding] • Road Permit Cut Fee- Cliff Simonton, Community Planning Manager [Action requested: Approve Road Permit Cut Fee] • Mountain Recreation- Joe Helminski, Deputy [Action requested: Approve Partnership with Mountain Rec for 5 Days of Coordinated Access to Trails] • District Transition, Services and Organizational and Committee Update- Rachel Oys, General Manager [Action requested: Approve the Establishment of Committees] • Management Team Report Executive Session 11:30 a.m. Executive session pursuant to Section 24-6-402(4)(a), C.R.S. (CMD) to discuss personnel matters (general manager). Adjourn 12:30 p.m. NOTICE IS HEREBY GIVEN that the Board of Directors of the Cordillera Metropolitan District will hold a meeting. CMD is required to meet a 24- hour posting requirement unless in the event of an emergency. By Order of the District /s/ David Bentley, President 3
Cordillera Metro District Location: 408 Carterville, Cordillera Date: March 12, 2021 Time: 8:00 a.m. Special Board Meeting Unapproved Minutes Due to Governor Polis’ declaration of a state of emergency resulting from the COVID-19 pandemic, the meeting was held via webinar. Attendance Via webinar: David Bentley, President (Term to 2022); Eugene McGuire, Vice President (Term to 2022)(left meeting at 10:30 a.m.); Cheryl Foley, Treasurer, (Term to May 2022); John Van Deusen, Secretary (Term to 2023); and Dan Roberts, Assistant Treasurer/Assistant Secretary (Term to May 2023). Others Present via Webinar: Rachel Oys, general manager; Alan Pogue, legal counsel; Joe Helminski, deputy manager; Tracy Stowell, office manager; Ron Hoppner, information technology administrator; Trevor Broersma, community operations director; Fernanda Bazani, human resources manager; Claudia Wells, finance manager; Barry Smith, director of public safety; Cliff Simonton, community planning manager; Aubrey Lewis, outreach manager; Joanne Kelley, public safety manager; and 57 members of the public. Call to Order Director Bentley called to order the Special Board Meeting of the Cordillera Metropolitan District at 8:00 a.m. Declaration of Quorum/Director Qualifications CMD Board members acknowledged receiving notice of the special meeting at least 24 hours in advance. No conflicts of interest were noted. Approval of Agenda Director Foley moved to approve the March 12, 2021, Special Meeting Agenda. Seconded by Director McGuire. Upon motion duly made and seconded, the Board approved the March 12, 2021, Special Meeting Agenda. Approval of Consent Agenda Items Director Foley moved to approve the January 8, 2021, regular meeting minutes, the February 23, 2021, special meeting minutes and the ratification of the CMD service agreement with the Cordillera Property Owners Association (CPOA). Seconded by Director Roberts. Upon motion duly made and seconded, the Board approved the January 8, 2021, regular meeting minutes, the February 23, 2021, special meeting minutes and the ratification of the CMD service agreement with the CPOA. 4
Cordillera Metro District Location: 408 Carterville, Cordillera Date: March 12, 2021 Time: 8:00 a.m. Public Comment Public comment included the potential uses of the Water Fund, current costs of construction, financial reporting, and discussion of the fly-fishing management contract. There were requests for community related topics to be addressed by Board members, not through neighbor emails. Agenda Items Water Fund Resolution – Cordillera assessed a water surcharge for water capital and infrastructure. Fees collected have been held in the Water Fund and to date is balanced at $2.2 million. The surcharge was terminated in May of 2017. The resolution proposed by Director Foley “Water Fund Resolution WHEREAS, the Cordillera Metropolitan District (“District”) entered into the Amended and Restated Water Service Agreement, dated March 25, 2004 between the District, the Edwards Metropolitan District, and the Upper Eagle Regional Water Authority (the “Water Service Agreement”) that, among other things, required the District to fund specified capital improvements (“Required Capital Improvements”) to the Cordillera water infrastructure that provided water services to property owners and properties located within the District’s boundaries; and WHEREAS, the District imposed an $18.50 per month surcharge on the water bills of all property owners in the District to fund such Required Capital Improvements and established a dedicated capital fund on its books and accounts (the “Water Enterprise Fund”) to record the collection and disbursement of the amounts necessary to fulfill its obligations to fund the Required Capital Improvements; and WHEREAS, the District terminated the monthly surcharge as of May 1, 2017 after the District realized: (i) that it had fully funded the Required Capital Improvements and thus had fulfilled all of its infrastructure funding obligations under the Water Service Agreement several years prior, and (ii) that the balance remaining in the Water Enterprise Fund upon termination of the surcharge in 2017 represented an inadvertent overcollection from property owners; and WHEREAS, the balance of the Water Enterprise Fund attributable to the surcharge is being held by the District, pending a decision on how to best use the money for the benefit of property owners; and WHEREAS, as of December 31, 2020, the estimated Water Enterprise Fund balance was at least $2,269,491. WHEREAS, the Cordillera Property Owners Association (“CPOA”) is undertaking a large capital improvement plan that contemplates: (i) remodeling and updating of the Cordillera Post Office (to be funded through current operating funds); (ii) renovation and expansion of the Athletic Center at Cordillera (“ACC”), (iii) renovation and replacement of the pools and designated infrastructure at the Trailhead complex, (iv) replacement of the aging tennis/pickleball courts at the ACC, (v) acquisition and/or replacement of certain amenities associated with the Short Course, and (vi) includes preliminary plans for an indoor tennis/pickleball facility and other improvements and amenities (together the “Amenity Improvement Program”), all for the direct and immediate benefit of all property owners within the District; and WHEREAS, the Amenity Improvement Program has been under development for the last several years and the CPOA’s current plans have received overwhelming support from 5
Cordillera Metro District Location: 408 Carterville, Cordillera Date: March 12, 2021 Time: 8:00 a.m. property owners; WHEREAS, the CPOA has requested that the District provide property owner and CPOA access to the Water Enterprise Fund in order to allow the CPOA to support and accelerate construction of amenities contemplated in the CPOA’s Amenity Improvement Program; and WHEREAS, the District agrees to facilitate property owner and CPOA access to the Water Enterprise Fund in connection with the Amenity Improvement Program; NOW THEREFORE, the District hereby resolves to work with the CPOA to expeditiously identify and implement the most effective and economic mechanism to make the Water Enterprise Fund available to the CPOA (and thereby to all property owners) to help finance and accelerate the Amenity Improvement Program. Director Foley presented three financial documents including Water Fund historical balance sheet 2012-2020, historical balances of general and capital reserve funds 2011-2021 projected, as well as projected capital expense under reserve study 2019-2038 that she compiled for the Board packet. On March 9, 2021, CMD Board received a proposal from the CPOA Board of directors to access funds currently held in the Water Enterprise Fund to augment and potentially accelerate its amenities enhancement program; if an appropriate mechanism can be devised that does not create undue tax liability to CPOA. Director McGuire requested more information from CPOA regarding project specifics on their upcoming amenity improvement program. Board discussion included: what is considered lawful public use; can the Water Fund be legally transferred to the CPOA for amenity capital improvements, what is the highest and best use of reserves, what are the planned and unplanned future CMD infrastructure needs; could there be a need and/or responsibility to fund water specific projects owned by CMD and/or Eagle River Water Sanitation District and how does the community engage in feedback. Director Foley shared that the CMD financial position is healthy and is capable of acquiring additional funds if necessary; that the district does not have planned projects; the CPOA amenity projects are supported by the majority of homeowners; and the Water Fund should be used to support these projects. She expressed concern of being silenced during the Board discussion. Director Roberts stated that the Water Fund is the community’s fund; that the community has identified its priorities by supporting the CPOA Board in the election and amenity improvement projects; and the community expectation is to get the projects done. Director Bentley added the Boards should work together and will engage in the discussion pending fiduciary and legal requirements and considerations. Director McGuire discussed the need for additional information and separate legal counsel on this matter prior to continued discussion. Director McGuire made the motion to table the Water Fund Resolution. Director Van Deusen seconded. The motion passed 3 to 2 with Director Foley and Director Roberts voting against. District Financing Resolution – Director Roberts introduced the resolution to authorize exploration of financing options: “Resolved that: The Assistant Treasurer of the Cordillera Metro District (“CMD”), Dan Roberts, along with Bob Donovan and other community members with relevant expertise (as Mr. Roberts may determine 6
Cordillera Metro District Location: 408 Carterville, Cordillera Date: March 12, 2021 Time: 8:00 a.m. necessary and appropriate) are hereby authorized to explore alternative credit facilities for the CMD, including but not limited to a line of credit, and to bring their recommendations to the full CMD Board of Directors for review and approval.” Board discussion included: Director Roberts highlighted his role on the CPOA Finance Committee and noted this is separate. Bob Donovan clarified that exploration of various financing options identified would be presented formally to the CMD Board for consideration. Director Foley noted this would give financial flexibility to the district. Director Bentley requested that the general manager be included in correspondence and meetings. Director Roberts said he would include other people as necessary and appropriate. Director Foley made the motion to approve Dan Roberts to explore a line of credit options for the CMD with Bob Donovan. Director Roberts seconded. Upon motion duly made and seconded, the motion passed unanimously. Public Hearing – Pursuant to Section 32-501, et seq., C.R.S. on Petition to Exclude Real Property submitted by Starview Realty Investments, L.P. Director Bentley opened the hearing at 10:37 a.m. and made the motion to continue at the May 14 Regular Board Meeting. Director Foley seconded. Upon motion duly made and seconded, the motion passed. Management Team Report – Director Foley requested that the trash and recycling dumpsters be made available to Cordillera property managers. She also requested information on the district’s current insurance coverage as well as an organization structure at the next scheduled Board meeting on May 14. Adjournment Director Van Deusen moved to adjourn the Special Meeting of the Cordillera Metro District at 10:54 am. Seconded by Director Roberts. Upon motion duly made and seconded, the Board adjourned the Special Meeting of the Cordillera Metro District. 7
Cordillera Metro District Location: 408 Carterville, Cordillera Date: May 7, 2021 Time: 12:00 p.m. Special Board Meeting Unapproved Minutes Due to Governor Polis’ declaration of a state of emergency resulting from the COVID-19 pandemic, the meeting was held via webinar. Attendance David Bentley Cheryl Foley; John Van Deusen Via webinar: Eugene McGuire; Dan Roberts Others Present via Webinar: Kim Seter, legal counsel Call to Order Director Bentley called to order the Special Board Meeting of the Cordillera Metropolitan District at 12:00 p.m. Declaration of Quorum/Director Qualifications CMD Board members acknowledged receiving notice of the regular meeting at least 24 hours in advance. No conflicts of interest were noted. Approval of Agenda Director Van Deusen moved to approve the May 7, 2021 Special Meeting Agenda. Seconded by Director Foley. Upon motion duly made and seconded, the Board approved the May 7, 2021, Special Meeting Agenda. Executive Session 12:02 p.m. Director Bentley moved and Director Foley seconded a motion to enter into executive session pursuant to Section 24-6-402(4)(b), C.R.S., to receive legal advice related to District’s Water Fund. At 2:32 p.m. Directors Bentley and Van Deusen moved and seconded a motion to conclude executive session. Also Present: Kim Seter, legal counsel. No action was taken in executive session. CMD Adjournment Director McGuire moved to adjourn the Special Meeting of the Cordillera Metro District at 2:32 p.m. Seconded by Director Van Deusen. Upon motion duly made and seconded, the Board adjourned the Special Meeting of the Cordillera Metro District. 8
Finance • 12/31/20 Financials Unaudited distributed to board and included in May 14 Board Packet • 3/31/21 Financials Draft in review • 4/27/21 President/Treasurer Meeting, topics included: o Retirement Plan- Hays Financial Group Reviewed the investment scoring methodology and criteria for monitoring, watch listing and removing investments from the fund menu 457 Plan Highlights o Balance grew from $1,078,551 to $1,233,116 as of 3/31 o Participation rate in 2021 jumped to 44% from 38% as 12/31/2020 o Average contribution rate is 5.97% which is the highest in 3+ years o Average account balance is up to $30,288 on strong markets o Medical Plan- Hays Consulting Average of 27 Employees enrolled with a YTD premium (3/31) of $96,425 or $1,190 PEPM Total Plan costs (claims + Fixed) have totaled $116,595 or $1,439 PEPM Plan costs compared to premium are at a 121% loss ratio, claims continue to be monitored o 4th Quarter 2020 Financials • Finance Software/Service RFP process initiated with NFP Partners • Prepared for annual CPOA and CMD audits • District financing options researched by Bob Donovan and Dan Roberts 11
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Traffic Calming 2020 strategies resulted in 5 mph reduction Engineering Enforcement Education • Speed bumps installed at Cordillera Way and • Radar signs are moved throughout the community • “Drive Leisurely Cordillera” Campaign uphill from Andorra, Cordillera Way and downhill and can be authenticated to issues fines 2020 from Granada Hill, Fenno and Club Cottage, • Handheld Radar is recorded by Public Safety; o 800 postcards Fenno. and Fairway Lane, Fenno near Trailhead offenders are contacted by phone and repeat o 1,000 impressions on social entrance offenders are reported to Sheriff’s Office media • Golf cart crossing signs installed on Fenno • Reckless driving complaints can be reported by o 7,200 impressions on TV monitors at ACC and admin • Cordillera Way guardrails replaced to meet anyone to dispatch to issue a citation height requirements and to allow for the o 15,000 impressions via • Citations issued by the Sheriff’s Office Cordillera Connection and addition of multiuse path starting May 24 Newsflashes • Cordillera Way and Fenno intersection realignment starts May 24 to improve sight lines • Similar campaign to be implemented in 2021 26
Ranch Speed Data • Radar signs are located throughout the community to track speed (data presented in the charts) • Patrol Officers record handheld radar routinely; data from 3/1/21-4/30/21 Divide o 35 vehicles on Fenno exceeded the speed limit by more than 9 MPH and 11 vehicles on Cordillera Way; of those observed speeding 12 vehicle owners were identified and contacted, none had been warned previously 27
Traffic Calming Assessment Update for Cordillera Metro District Eagle County, Colorado May 10, 2021 PREPARED FOR: Cordillera Metro District 408 Carterville Road Cordillera, CO 81632 Contact: Trevor Broersma PREPARED BY: McDowell Engineering, LLC PO Box 4259 Eagle, CO 81631 970.623.0788 Contact: Kari J. McDowell Schroeder, PE, PTOE Project Number: M1372 28
Project Background: The Cordillera Metro District has historically observed a relatively high frequency of speeding vehicles on several roads within Cordillera. The District began implementing traffic calming methods in 2016, which has resulted in successful mitigation on several roadways. The District would like to continue the traffic calming program to address additional locations of high speeds or safety concerns within Cordillera. McDowell Engineering has performed a traffic calming assessment utilizing available accident, speed, and roadway data. This assessment incorporates the existing conditions, traffic volumes, speed studies, crash data, and sight distance characteristics into an analysis of traffic calming alternatives. Previous Years 2016 – 2018 Mitigation: McDowell worked with the Metro District to implement several traffic calming and safety improvements over the past few years. Many of these improvements were implemented and considered successful. Year 2021 Mitigations: Due to the success of the previous years’ implementations, the following recommendations for 2021 improvements are described below. These are also shown graphically on the attached maps. Speed Bumps: McDowell Engineering has worked with Cordillera to identify and install appropriate locations of temporary speed bumps. These are currently installed at the following locations: Cordillera Way – near Andorra Road Cordillera Way – near Granada Hill Fenno Way – near Club Cottage Drive Fenno Way – at Fairway Lane Fenno Way – at Trailhead If Cordillera purchases another speed bump, a future installation location might be at Cordillera Way before Granada Glen. The speed bumps are temporary installations during the summer months. During the snow season, the appurtenances are removed to avoid maintenance and icing concerns for snow plows and drivers. The 2018 speed bumps showed marked success in reducing speeds at their installation locations. Speed bumps with abrupt vertical deflection are typically used at lower speed locations. Speed bumps with a raised table between the vertical deflections (speed tables) are typically used at pedestrian crossing locations or on higher speed roadways. It is important to identify proper installation locations that are not on significant horizontal curves/steep grades and receive adequate sunlight to melt frost and snow. The Cordillera Metro District strictly uses these devices in the warmer months. Therefore, an installation location with good visibility for the driver is more important that the frost and snow concern. Speed study data should be collected prior to and after the temporary speed bump installation to measure their effectiveness. 29
Signage: Additional signage is proposed as follows: Golf Cart Crossings – These “rubberized” signs will be installed as shown on the maps to alert motorists of the golf cart crossings. These signs will be installed on the double yellow center line for optimum visibility for motorists. Speed Limit Sign – A “29.5 mph” sign on Cordillera Way. The 29.5 mph sign will gain attention given that it is not a standard multiple of 5 mph which is typical for most speed limit signs. Squaw Creek Road and Cordillera Way Intersection Safety Improvements: Improvements near this intersection to increase safety and sight distance are recommended. This includes shifting Squaw Creek Road eight feet (8’) to the west to improve sight distance at the intersection. Radar Speed Signs: Cordillera has had a continued radar speed sign program from Year 2014. The current units display the vehicle’s speed for the driver as well as collects speed and volume data for analysis purposes. Last year, Cordillera constructed two mobile trailers to move the radar speed signs to different locations throughout the District. These signs have the most effectiveness when they are relocated on a regular basis. Permanent radar signs become ‘known’ to drivers and lose effectiveness over time. A newer radar speed sign with license plate recognition is currently ordered but has not been delivered. This new sign will be installed on a trailer similar to the two existing units. There is currently not an estimated time of delivery for this new sign. The newer radar speed sign with license plate recognition will connect to the vendor’s software system via mobile internet connectivity. This gives the system the ability to be remotely monitored, and can provide real time notification of license plates. Cordillera’s Public Safety can upload a list of approved and unapproved license plates to the system. The system can be configured to provide real-time notification for these license plates to Public Safety. License plate information for all vehicles passing the radar speed sign is logged into the system. Coordination will still be required for the draft resolution to allow tickets to be sent if speeders are identified by the newer radar system. This will need the coordination of Cordillera’s legal resources as well as the Eagle County Sheriff’s Office. 30
Multiuse Path: Extensions of the current multiuse path would provide connectivity for pedestrian and bicycle travel along Cordillera Way and Fenno Drive. The widened shoulder also accommodates golf cart traffic. At both locations the vehicular lanes should be 10’ wide, and walk and bike stencils should be installed within the multiuse path lane. The following locations are recommended: A four foot (4’) wide uphill only lane on Fenno Drive from Cimarron Trail to Settlers. A four foot (4’) wide uphill only lane on Cordillera Way from the gate to the lodge. Advisory Bike Lane Pilot Project: A proposed “pilot project” on Kensington Lane with the installation of advisory bike lanes. This scenario will have striped shoulders for pedestrians and cyclists. This leaves a single travel lane in the center of the roadway for vehicles. If two vehicles approach simultaneously, they must yield to pedestrians/cycles in the advisory bike lane. The Town of Vail has recently implemented similar treatments on some of their lower volume and lower speed streets. Education: The Cordillera Metro District has been proactive in sending out updates and reminders in the Cordillera Connection newsletter and Next Week in Cordillera email outreach. They have also been reaching out directly to residents that have been observed traveling in an unsafe manner within the District. This should continue as an ongoing activity, as well as any updates to the overall traffic calming program. Traffic Data Collection: Speed study data should be collected prior to and after the temporary speed bump installation to measure their effectiveness. Future Project Recommendations: Cordillera Traffic Calming Improvement Recommendations maps detailing the above-mentioned traffic calming countermeasures are enclosed. Sheet 1 of 3 - The Ranch Sheet 2 of 3 - The Summit Sheet 3 of 3 - The Divide 31
Please call if you would like any additional information or have any questions regarding the recommendations. Sincerely, McDowell Engineering, LLC Kari J. McDowell Schroeder, PE, PTOE Traffic Engineer Enc: Cordillera Traffic Calming Improvement Recommendations, May 7, 2021 32
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Issuance of Speeding Fines • Cameras configured to capture photos of vehicles traveling in excess of a certain speed • When a camera detects a vehicle traveling at or higher than the configured speed, it captures 8 individual images of the offending vehicle along with date, time, speed and location information • Depending on reporting thresholds, violations are filed for staff review • System configured to actively alert staff if it detects a vehicle traveling above defined speed • Violations match with contact database with vehicle’s license plate number being the unique identifier • Staff can script for automation or select images to print and mail/email the notification • Violation notices customized for Cordillera 36
RESOLUTION OF THE BOARD OF DIRECTORS OF CORDILLERA METROPOLITAN DISTRICT CONCERNING TRAFFIC SAFETY ON CORDILLERA ROADS WHEREAS, Cordillera Metropolitan District (the “District”) was organized pursuant to Section 32-1-10 et seq., C.R.S.; and WHEREAS, the District owns and maintains the rights-of-way (the “Community Roads”) in the Cordillera community (the “Community”); and WHEREAS, pursuant to Sections 32-1-1001(1)(f), C.R.S., the Board of Directors of the District (the “District Board”) has the power and authority to regulate the use of and access to property it owns; and WHEREAS, pursuant to Section 32-1-1001(1)(j)(I), C.R.S., the Board has the power to fix and from time to time to increase or decrease fees, rates, tolls, penalties, or charges for services, programs, or facilities furnished by the District; and WHEREAS, pursuant to Section 32-1-1001(1)(m), C.R.S, the Board has the power to adopt, amend, and enforce rules and regulations for carrying on the business, objects, and affairs of the District; and WHEREAS, pursuant to Section 32-1-1004(2)(d), C.R.S., the Board has the power to provide for safety protection through traffic and safety controls and devices on streets and highways; and WHEREAS, to provide for the safety of District residents and visitors, the District desires to address the issue of speeding and traffic safety on the network of Community Roads and to adopt rules concerning safe vehicular speeds and traffic safety; and WHEREAS, Eagle County has not set traffic or speed regulations for the Community Roads and has informed the District that it will not enforce speeding infractions in the Community (although Eagle County will enforce criminal actions such as DUI and reckless driving); and WHEREAS, accordingly, the Board desires to adopt this Resolution to set forth rules and regulations concerning traffic safety and safe speeds in the Community. NOW, THEREFORE, THE BOARD OF DIRECTORS OF CORDILLERA METROPOLITAN DISTRICT HEREBY RESOLVES AS FOLLOWS: 1. Traffic Safety Rules for Community Roads. The Board hereby adopts rules and regulations for vehicular traffic safety on the Community Road network, as set forth in Exhibit A attached hereto and incorporated herein by this reference (the “Community Road Rules”). 37
2. Enforcement. The District, through Cordillera Public Safety, will take steps to enforce the Community Road Rules as appropriate. The Eagle County Sheriff’s Office will be notified of and remain responsible for enforcement of criminal acts on the Community Roads. 3. Modification. The Board may change, modify, or amend these Community Road Rules at any time. 4. Effective Date. This Resolution shall take effect on the date and at the time of its adoption. (Signatures Begin on Next Page.) 38
ADOPTED AND APPROVED THIS 14th DAY OF MAY , 2021. CORDILLERA METROPOLITAN DISTRICT By: David Bentley Its: President ATTEST: _______________________________ By: Its: 39
Exhibit A Community Road Rules for Cordillera Adopted by Cordillera Metropolitan District (the “District”) 1. Applicability; Definitions. These Community Road Rules (the “Rules”) apply to vehicles traveling on any road within the Cordillera Community (“road” or “roads”). As used herein, the term “vehicle” means and refers to any means in or by which someone travels, or something is carried or conveyed; a means of conveyance or transport. The term “vehicle” includes motorized and non-motorized modes of transportation, including but not limited to, cars, trucks, vans, motorcycles, scooters, and bicycles. 2. Speed Limits. No person shall drive or operate a vehicle on any road at a speed greater than posted limits and in no event at a speed greater than what is reasonable and prudent under the then-current conditions. The speed limits in the Community shall be 35 miles per hour and 25 miles per hour, as posted. 3. Passing. No person shall drive or operate a vehicle to the left side of the center line of any road to overtake another vehicle proceeding in the same direction unless the front vehicle has pulled off to the right of the road to allow the overtaking vehicle to overtake it, or the overtaking vehicle’s left side of the road is clearly visible and free of oncoming traffic for a sufficient distance to permit passing within the speed limit and without interference with the operation of any other vehicle. Under no circumstances may a vehicle cross a double yellow line. 4. Impeding Traffic. No person shall drive or operate a vehicle on any road so as to impede the normal and reasonable movement of traffic. Vehicles that are impeding the normal and reasonable movement of traffic will pull off to the side of the road at the first available and safe location and allow other vehicles to pass. District snow removal vehicles are exempt from this rule. 5. Pedestrians. Vehicle operators shall yield to pedestrians by slowing down, stopping, or as otherwise required or indicated by traffic control devices. 6. Road Restrictions: The Public Safety Director for Cordillera may restrict the use of or access to roads as weather and road conditions warrant. No person shall drive or operate a vehicle on any road for which use or access is restricted. 7. Compliance with Directives of Authorized Personnel. No person shall willfully fail or refuse to comply with any lawful order, requirement, or direction of authorized personnel in connection with the control or regulation of traffic. 8. Enforcement. Cordillera Public Safety will oversee adherence to these Rules and will monitor and detect violations of these Rules through RADAR speed signs, handheld devices and cameras, and identification of vehicles by license plate numbers and descriptive information. Public Safety officers shall not apprehend vehicles or conduct traffic stops to issue citations. 40
9. Violations and Penalties. Violations of any rule set forth herein will be cited by Public Safety staff. Public Safety staff will document the violation and details of the violation (including, without limitation, vehicle description, license plate information, and driver or operator information) immediately upon observation or detection of the violation and subsequent verification by Public Safety staff. The violation of any rule shall carry the following consequences and penalties: a. A written or verbal warning for (i) speeding 0 to 10 mph over the posted limit and/or (ii) the first violation of any rule. b. $75 for (i) speeding 11 to 20 mph over the posted limit and/or (ii) the second violation of any rule. c. $250 for (i) speeding 21-30 mph over the posted limit and/or (ii) the third violation of any rule. d. $500 for all subsequent violations of any rule. e. $1,000 for (i) speeding 31-40+ mph over the posted limit. Penalties are cumulative. For instance, for speeding 15 mph over the posted speed limit, which is the third violation a rule, the penalty shall be $325 ($75 + $250). Violations will accumulate over a period of three (3) years, commencing with the date of the first violation, and reset to zero (0) on the third anniversary of the first violation. Unpaid penalties will never reset. 10. Late Fees. Penalties not paid within thirty (30) days will accrue a late fee of $15, per month, up to a total of 25% of the amount due. 11. Hearings. Persons cited for any violation of these Rules may request a hearing in writing within thirty (30) days of the date of the violation. The Board of Directors of the District, will hold the hearing, affording the violator a reasonable opportunity to be heard. Decisions made at the hearing will be final. 41
Road Cut Permit and Fee Implementation of permit application and fee for property owners to remove water service lines under the asphalt as required to combine lots 42
PERMIT FOR CONSTRUCTION OF IMPROVEMENTS AND/OR INSTALLATION OF UTILITIES IN DISTRICT RIGHTS OF WAY Cordillera Metropolitan District Eagle County, Colorado Applicant/Contractor Information: Name: Mailing address: Cell No.: Business/Home No.: Email: Property Owner/Utility Information: Name of Property Owner: Mailing address: Cell No.: Business/Home No.: Email: Utility company or entity owning utility line(s): 1. Location (street address) and description of work: Map & Plans attached: Yes/No 2. Type of installation, work, or road cut: ______________________________________________________________________________ 3. Start date: ________________________ Completion date: 4. Road closures anticipated: Yes/No 5. Permit fee ($200) received on _________________ Check # ____________. Copy attached. 6. Deposit ($3,500) received on _________________ Check # ____________. Copy attached. District Use Only: Issued by: Authorized Agent for Cordillera Metropolitan District Date: PERMIT ISSUED TO (Permittee): 43
GENERAL CONDITIONS All cuts or excavations of rights-of-way, including, without limitation, all construction of improvements and installation of utilities within rights-of-way within the Cordillera Metropolitan District (the “District”) boundaries must conform to these General Conditions. A permit is required for any driveway access cut, road cut, or access way excavation or opening in or under the surface of any right-of-way, and to install, repair, or perform miscellaneous work on any underground utility service in or under such rights-of-way, or to bore in or under such rights-of-way. All permits shall be issued in the name of the owner of the abutting property for any driveway access cut, in the name of the project owner (e.g., adjacent property owner or developer) for any access way excavation, or in the name of the utility company if the facility in the trench to be installed or repaired by making a road cut is to remain the property of the utility company (the “Permittee”). 1. Definitions. a. Access way excavation – Any excavation or cut of any right-of-way, earthwork, culverts, retainage and surfacing within any right-of-way or sidewalk, excluding driveway access cuts and road cuts. b. Driveway access cut – Earthwork, culverts, retainage and surfacing within any right-of-way for the purpose of creating driveway access to a private residence or property. The District may require the Permittee enter into an encroachment agreement with the District for any driveway access cut concurrently upon application for a permit. c. Road cut – The excavation of any right-of-way for the purpose of installing or repairing utilities. d. Work – any work permitted hereunder within or affecting a District right-of-way, unless the context requires otherwise. 2. Deposit; Permit Fee and Application. a. A deposit of $3,500 shall accompany the permit application. b. The deposit, less any amounts incurred by the District pursuant to these general conditions including the warranty, completion, and restoration provisions hereof, will be returned within 90 days of expiration of the one (1) year warranty period, and any required restoration and repair of any deficiencies or damage to the satisfaction of the District. c. A non-refundable permit fee of $200 shall be paid upon application for a permit and shall be in addition to any other fees or charges relative to the work. d. Unless waived by the District, the permit application shall be accompanied by construction plans in hard and electronic copy showing the extent of the proposed work, the dimensions and elevations of both the existing ground prior to said construction, and of the proposed excavated surfaces, the location of the work, and such other information as may be prescribed by the District. e. Unless waived by the District, the permit application for access way excavations shall be accompanied by designs, plans and specifications prepared by a registered Colorado professional engineer, together with an estimate of costs and time for completion. 3. Standards and Requirements. a. The permit is valid only for the time period from the start date indicated on the permit to the completion date. The applicant may apply to the District for an extension. Additional financial security may be required as a condition for granting any requested extension. 44
b. Work may not commence until written approval in the form of permit issuance is given by the District. Any approved permit application and permit must be at the worksite during all periods of work. c. The Permittee shall advise the District forty-eight (48) hours in advance of the commencement of any work and shall notify the District a minimum of 12 hours in advance of any scheduling change. d. Only emergency work shall be performed on Saturdays and Sundays. No trench will be permitted in the traveled right-of-way after dark, unless otherwise specified in writing by the District. e. The Permittee is responsible for completing all utility locates before work commences. f. The work shall be accomplished in accordance with industry standard practices at locations designated by the District. All personnel, contractors, or subcontractors working within the District’s rights-of-way must be properly trained and exercise all safety precautions associated with traffic control and below ground excavation as applicable. g. The Permittee shall be responsible for establishing safety measures sufficient to protect the traveling public from any and all harm during prosecution of the work; said safety measures to be in accordance with the then prevailing state and/or federal standards, including the standards identified in the most recent edition of the “Manual for Uniform Traffic Control Devices” published by the Federal Highway Administration.” All work shall be conducted in a manner that does not unduly impede traffic, create any public hazards, or damage any private property. h. All openings must be properly protected and secured from the public at all times. Openings that remain overnight must be secured with safety tape, temporary covers, barricades, warning devices, and appropriate signage. i. Any underground installation shall be initially installed beneath the surface of the right-of-way at a minimum depth of 36” or to the extent permitted by the composition of the soil; exceptions shall be noted and initialed by the District on approved construction plans. Backfilling shall be made in six-inch lifts, mechanically tamped and paced, and the last 12 inches shall be of crushed rock or gravel. Trench shall be left open until the installation is inspected by the District. j. Where the installation or work crosses a right-of-way, an encasement pipe of larger diameter may be required, and the crossing shall be as nearly perpendicular to the right-of-way as physical as possible. This installation shall be installed by the method of boring or jacking beneath the right-of-way surface. k. Where determined necessary, open cuts or trenching across a right-of-way may be authorized by the District under conditions that will not unduly hinder the public in its usual travel. If an open cut or trench is required across a right-of-way, the cut shall be filled with gravel and compacted in six-inch lifts to a density of 95% of surrounding soils. Compaction testing must be performed and results provided to the District in hard and electronic copy before asphalt overlay. l. When culverts are required beneath a driveway entrance, they must be a minimum of 12 inches in diameter and may be no longer than 30 feet in length. Culvert inverts shall match the drainage profile at the upstream and downstream end and the pipe shall be provided a minimum cover of 12 inches. Culvert ends shall be cut to match the slope; flared metal ends are not allowed. Stone or stone-faced end walls are allowed but may not extend above the adjacent travel surface. All driveway entrance improvements must be inspected by the District before the driveway is paved. m. Cordillera Design Guidelines Section 3.02.14, Improvements in the Right-of Way, provides additional information and standards for driveway entrances that must be met as a condition of this permit. n. The Permittee shall at all times for the duration of the permit and the required warranty period be responsible for and maintain the work and shall indemnify, defend, and hold harmless the 45
District and its directors, employees, agents, and consultants, from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, and expenses (including reasonable attorneys’ fees), and liabilities, of, by, or with respect to third parties (“Any Claims”) to the extent they arise from or may be alleged to arise, directly or indirectly, in whole or in part, from the intentional or negligent acts or omissions of the Permittee or any of its contractors, subcontractors, suppliers, agents, representatives, or employees, or the agents, representatives, or employees of any subcontractors or material suppliers (collectively the “Contractor/Related Parties”), in connection with this permit and the work hereunder, including, without limitation, Any Claims which cause or allow to continue a condition or event which deprives the District or any of its directors or employees of its sovereign immunity under the Colorado Governmental Immunity Act, Sections 24-10-101, et seq., Colorado Revised Statutes. However, the Permittee shall not be liable for any claim, loss, damage, injury, or liability arising out of the negligence, willful acts, or intentional torts of the District, its directors, employees, agents, and consultants. o. Nothing herein or in any actions taken by the District hereunder shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, Sections 24-10- 101, et seq., Colorado Revised Statutes. 4. Warranty, Completion and Restoration. a. All work shall be guaranteed for a period of one (1) year, unless the District agrees in writing to a different warranty period. All necessary rework as determined by the District shall be the responsibility of the Permittee. b. Upon completion of the work, the worksite (including road bore access locations, if applicable) must be restored to original or better condition and all excess debris removed in accordance with the specifications of the District within forty-eight (48) hours of completing the work. All damage done to existing improvements shall be repaired by the Permittee to the satisfaction of the District within five (5) days of completion of the work. c. If the Permittee fails to complete the work or restore the worksite as required, or if the Permittee fails to complete any rework during the warranty period, the District may cause all work and all actions necessary to so complete. The Permittee shall be liable for the District’s actual costs, plus general overhead and administrative expenses. The District may apply any funds deposited by Permittee in payment of any amount due. In addition, the District shall have a cause of action for all fees, expenses, and amounts paid and due for such work. The undersigned Permittee verifies that s/he has read and understands the foregoing provisions; that s/he has the authority sign and bind Permittee and that by virtue of his or her signature, the Permittee is bound by all conditions set forth herein. PERMITTEE: Print Name: 46
ATTACH COPIES OF CHECKS HERE 47
Request to access to Big Park and the Cordillera trail system: June 9, June 23, July 14, July 28 and one other date. No other requests proposed. 48
May 5, 2021 Cordillera Metro District Board Via Rachel Oys, General Manager Board Members and Ms. Oys, Following a name change and freshly distilled vision and mission for the Mountain Recreation Metropolitan District in 2018, the Mountain Rec Board also approved a strategic plan with seven priorities. One of which is centered on the provision of richer and more immersive programming, with a goal to ensure that there is something for everyone and everyone is doing it. Leading up to summer camp registration earlier this spring, Mountain Recreation’s Outdoor Programs Department was set to offer five sessions of Backyard Adventure (BYA) Camps in addition to other Explorer Camps offerings. Each BYA session reached capacity on the very first day of registration and waitlists quickly populated with more than 30 campers per session, clearly establishing a need for more session offerings and the creation of more avenues to fill programming needs for the community. Other Mountain Recreation programs, especially those impacted more severely by pandemic restrictions and protocols, are experiencing the same. During a meeting with Cordillera staff, we learned that Cordillera Metro District will no longer be offering Camp Cordy to residents and the surrounding community. Understanding the value of youth focused summer camp programs to families in Cordillera, and Eagle County as a whole, Mountain Recreation has the ability and the desire to serve families by increasing programming service levels this summer and beyond. A partnership with Cordillera could assist us in this endeavor. Together we’re better. In order to deliver these essential services to families, Mountain Recreation requests the following for the 2021 summer season: • Coordinate an introduction opportunity with Indian Summer Outfitters. Mountain Recreation will contact Indian Summer Outfitters after introduction to submit a partnership request. • Access to Big Park and the Cordillera trail system. All programs utilizing the Big Park and Cordillera trail system will be facilitated by at least 2 Mountain Recreation staff members. These staff will have been trained in Leave Not Trace, outdoor education with youth, and will ensure participants are courteous and respectful of property owners while on trails. Please reference the table on the following page for pertinent program details. 49
Mountain Recreation Program Days/Date Number of Number of Program Requesting Access Type Needed Campers Staff Backyard Adventure Camp Day Camp 1 – 6/9/21 12 2 Backyard Adventure Camp Day Camp 1 – 6/23/21 12 2 Backyard Adventure Camp Day Camp 1 – 7/14/21 12 2 Backyard Adventure Camp Day Camp 1 – 7/28/21 12 2 Rec Kids Friday Fun Day State Licensed 1 – Date TBD 30 3-4 Childcare/Day camp Should the Cordillera Metro District approve this request, it is understood that a memorandum of understanding would be drafted for approval by both Mountain Recreation Metro District and Cordillera Metro District memorializing the partnership agreements. The impact of this potential partnership will be significant, as Mountain Recreation will be able to increase access to camps for those who might not otherwise have been able to have these summer camp experiences before in our community. Expanding access to these resources through our programs is aligned with Mountain Recreation’s mission and vision, and will help introduce children to more types of recreation in the outdoors than before. Though various stakeholders have expressed sadness regarding the end of Camp Cordy, this partnership will continue to facilitate and utilize the resources that made Camp Cordy special while maintaining access for the community. Sincerely, Megan Carter Recreation Supervisor – Outdoor Recreation Programs Mountain Recreation 50
District Transition, Services and Organizational Update 51
Safer Cordillera Natural Resources Committees Club at Cordillera Relations Total Worker Health 52
Management Team Report May 2021 53
District Business • Retained Kim J. Seter, Esq., Seter & Vander Wall, P.C. to represent CMD on matters that Icenogle Seaver Pogue is unable to provide representation due to recusal • Issued RFP for Administration Office Space Lease and selected Slifer, Smith and Frampton; 30-day termination option and annual lease rate of $44,190 • Prepared for annual CPOA and CMD audits • Prepared for Starview Exclusion hearing; postponed to July • Worked with Hays Consulting and Sedgewick in managing property, retirement, medical and workman’s comp • Executed contracts with Rocky Mountain Custom Landscapes, Mountain Water Works, Vail Valley Anglers, Vail HoneyWagon, Starting Hearts, 360 Paving, Frontier Paving, Borne Engineering, NFP Partners, JRL Digital Media, Slifer, Smith and Frampton, Porter Hay, equestrian boarding and trailer parking • Administration office open 8:30 a.m.– 4:30 p.m. Monday-Friday 54
Eagle County COVID-19 Monitoring • On April 16, Colorado Department of Public Health Quick vaccination stats for Eagle County: and Environment Order 20-38 allows counties to • Total Doses Administered: 49,480 implement regulations at the local level while maintaining limited requirements across the state • # of EC Residents who have received at least one dose: 31,835 • Eagle County Dial Framework • # of EC Residents who are fully vaccinated (completed the vaccine series +2 weeks): 23,640 • Eagle County’s Latest Public Health Order 4/16 • % of Total EC Population who have received at least one dose: 58% • Eagle County will assess orders May 27; at which time the district will evaluate the Local Disaster Age breakdown of EC Residents who have received at least one dose: Declaration • 0-15: 0 individuals (ineligible) • Pfizer plans to roll out vaccine for 12–15-year-olds • 16-19: 1,285 individuals (48%) week of May 10 to minimize disruption for children • 20-29: 4,044 individuals (50%) attending classes, camps and athletics • 30-39: 5,514 individuals (59%) • 40-49: 6,042 individuals (76%) • 50-59: 5,5987 individuals (87%) • 60-69: 5,188 individuals (89%) 55 • 70+: 3,775 individuals (90%)
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Total Worker Health • Partners include Colorado School of Public Health, Special District Liability Pool and Cigna • A Total Worker Health assessment completed • CMD recognized as a Certified Healthy Workplace • 2021-2022 action plan drafted to increase engagement, improve safety and decrease worker’s compensation by: o Conducting an onsite evaluation for each department o Serving as preceptor for the MPH practicum Colorado School of Public Health student that will observe, evaluate and recommend strategies for Equestrian Center employee injury prevention • Hosting trainings • Applying for grants to support implementation efforts 57
Communications Cordilleraliving.com Analytics • March to May 2021, 6,004 unique users visits with 28,335 page views • Top pages visited: homepage, Cordillera webcams and gate access • 55% of users access via desktop and 45% via mobile devices Cordillera Connection and Community Emails • Cordillera Connection updates homeowners, property managers and vendors of happenings in the community • 11 communications sent from March to May Instagram: cordillera_co • 6,999 emails sent with a 61.2% open rate and 24% click through rate Social Media • Facebook and Instagram have steady followings in the community • Hot topics include photos of wildlife, COVID-19 pandemic updates and homeowner video submissions • From March to May, 582 people reached via Facebook with 180 posts • Instagram, last month, reached 368 unique accounts with 96 interactions to posts Facebook: Cordillera Community • 494 Instagram followers and 1,115 Facebook followers 58
Cordilleraliving.com • Selected JRL Digital Media to assist with the website redesign • Clean, simple and responsive • Highlight district services and Cordillera partners • Include integration of online payments, alert system and electronic communication 59
Wildfire Preparedness Summer 2021 • Monitor drought conditions and outlook • Prepare and enact fire restrictions • Host o Staff trainings and exercises o Property owner educational sessions on property defensible space basics with Eagle Valley Wildland, Eagle River Fire Protection District and Eagle County o Safety Day with community partners • Plan and implement Divide mitigation; seek grant funding in collaboration with Eagle Valley Wildland • Evaluate Divide options for emergency exits • Promote free Home Ignition Zone (HIZ) assessments, contact Wildland Mitigation Specialist, Jeff Zechman, at jzechman@eagleriverfire.org or cell: (970) 471-2796 60
Squaw Creek and Hwy 6 Clean Up St. Clare of Assisi, Eagle County and CMD are partnering to make the following improvements: • Eliminate parking by adding berms 4' from road edge both sides • Remove metal fencing and fallen trees for wildlife movement • Seed with native grass and wildflower mix to enhance vegetative growth for wildlife, soil/bank stabilization and aesthetics 61
In mid-March, CMD launched a new method for managing gate access credentials. Property owners and vendors can visit cordilleraliving.com/236/Gate-Access to register and pay for gate access stickers online. For vendors, accounts were created that list all currently registered vehicles. Vendors were asked to sign into their account and update their contact information, vehicle information, and acknowledge 2021’s gate access guidelines. Once their information has been updated, vendors will use their portal to keep their information current, acquire new credentials as needed, and acknowledge gate access rules on an Gate Access annual basis. By enabling vendors to update contact information and streamlining the payment process, the district is saving staff time and providing the clearest picture yet of who is doing business in the community. Property owners continue to visit the website, fill out a short form with contact and vehicle information and proceed to online payment. Once payment is completed, a receipt is provided via email and a new credential can be picked up immediately at the Divide Gate. Since its implementation in mid-March, 435 orders have been processed for new credentials from property owners and vendors and 235 unique vendors have accessed their accounts and updated profiles. 62
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