Water Committee
Meeting Minutes
November 28, 2001

Present:
Rick Johnson
Jim Davis
Will Potter
Mike Shelton
Harriet Vaugeois
John Woods

  1. Legal Review:
    Bob Winter sent a second notification to the bonding company and OPEC of our intention to contract with Clyde Young Company and choose another contractor to complete the system if they did not assume their responsibilities by a date specific. OPEC has not responded, but in a letter dated November 15, the bonding company did respond requesting specific information, which we and Winter's office are providing, to assist them in their investigation of the matter. They will also want to see the report from Clyde Young, which we believe will eliminate the OPEC contention that faulty engineering and time lapse is their "out". Mr. Winter has talked to the bonding company and in his response is stating that we will allow them a time (brief) to review the information before signing with a new contractor.
  2. Clyde Young:
    Clyde Young has been asked to send us a new contract for his services for us to sign. We expect to receive it by Dec. 1. We have also asked him for two other proposals. One is for acting as our "inspector" when OPEC or another contractor completes the work and the second is for preparing a operating and maintenance manual to use going forward. Clyde Young has received an additional bid from a Trinidad area contractor with water system construction and sanitization experience that has the equipment and experience. We will evaluate that bid, especially in light of the economy of it being local.
  3. Water System Registration:
    On Friday, Nov. 30, Jim Davis, John Woods, Tom Stephens and Vern Jaschke are going to Pueblo to meet the State of Colorado Department of Health and Water Quality to go over the registration of our water system so that we make sure nothing is missed.
  4. Winterization of system:
    Mike Shelton reported that he had completed the work, but expressed a concern that additional heaters may be needed. Those assigned to monitor the exposed pump stations reported that during the recent cold spell, the pumps warm when checked. It was decided that we would add our extra heaters to be safe. It was also decided that Clyde Young will review this aspect also.
  5. Disposition of Legal Bills:
    It was determined appropriate to add any legal bills paid or accrued that were or are generated by OPEC's refusal to complete their work to the receivable we are due from them.
  6. Letter of Request to POA:
    The Metro District Board will present a letter requesting transfer of the funds in the POA power account for use in paying for the services of Clyde Young company, for the cost of a new contractor to complete the work if OPEC has to be replaced and to initiate litigation to recover the expenses of completion, if it is necessary to file suit.
  7. Grants and Loans:
    John Woods has done extensive research on the avaiability of these resources to the project and has been in communication with the Office of Rural Development as well as the Council of Governments which both have offered their assistance. John has also been in touch with the Rural Development Office on the State level. Each of these entities have informed us that we need to have our engineering study completed and available to them before we can apply and process paperwork.
  8. Storage Unit:
    John Woods pointed out that the company we rent the storage from had stated that after two years they would apply half the rent paid towards purchase. John will contact them to confirm the terms and determine if it can be purchased as "used" at a depreciated price.
  9. Quigley Meeting:
    John Woods, Jim Davis and Will Potter will meet with Bill Quigley on Tuesday, Dec. 4, to compile the financial information requested by the bonding company and get it to Mr. Winter to send to them.

The next meeting of the Water Committee will be 4 p.m. on December 4, 2001 at Jim Davis’ house.