June 18, 2009 Board of Director Meeting Minutes

BOARD OF DIRECTORS
JUNE 18, 2009
CALL TO ORDER

President Jim Whitfield called the June 18, 2009 meeting of the Board of Directors of Apex Park and Recreation District to order at 6:30 p.m. at the Apex Center, 13150 W. 72nd Avenue, Arvada, Colorado. Apex board members in attendance were: Jim Whitfield, Lee Humrich, Jeff Glenn, Susan Miller and Ken Harrell. Apex participating staff members were Mike Miles, Executive Director, and Luann Levine, Recording Secretary. Jim Collins of Collins Cockrel and Cole, general counsel for the district, was also in attendance.

APPROVAL OF AGENDA AND ADDITION OF AGENDA ITEMS
Mike Miles, Executive Director, asked the board to add an Agenda item #4 to discuss the cancellation of the July 2, 2009 Board Meeting.

MOTION: Director Humrich moved to add Agenda Item #4 to discuss the cancellation of the July 2, 2009 Board meeting and to approve the remainder of the Agenda as posted. Director Glenn seconded. Motion passed unanimously.

APPROVAL OF MINUTES OF JUNE 4, 2009
MOTION: Director Humrich moved for approval of the Minutes of June 4, 2009, as presented. Director Miller seconded. Motion passed unanimously.

PUBLIC INPUT – There was no public input

NEW BUSINESS

1. 2008 Comprehensive Annual Financial Report

Gary Higbee, Chief Financial Officer, explained that the district is required by state statute to prepare a financial report annually. Mr. Higbee stated that this District report is put together by District management staff which includes himself, Terri Fabrizio, Assistant Financial Officer, Mike Miles and Dan Cudahy, C.P.A. with McMahan and Associates, an independent auditing firm who audited the report. Mr. Higbee reviewed and explained various sections of the Annual Report for the board. Board discussion ensued concerning District assets, revenue, bonds and the effect of the economy on the mill levy. Mr. Cudahy addressed the board and explained that the District received a clean report for 2008 and that the internal controls of the District are in good shape and no formal recommendations were made. The District has also received the Certificate of Achievement for Excellence in Financial Reporting for the 14th year in a row. This report is a very comprehensive report, takes a lot of work to put it together and is reviewed very carefully. It is a very high quality report. The board commended Mr. Higbee and Ms. Fabrizio on their excellent work putting this report together and commended Mr. Miles and his staff for an excellent job of budgeting.

MOTION: Director Harrell moved for approval of the Annual Financial Report for fiscal year ending December 31, 2008, as presented. Director Glenn seconded. Motion passed unanimously.

2. 2010 Capital Maintenance/Improvement Projects
Mike Miles, Executive Director, stated that the board received a list of Conservation Trust Fund and the Capital Maintenance projects for 2010 in their packets. Staff has prioritized the projects and how the District will spend the money. Mr. Miles stated that this list is a moving target and projects are subject to change depending on what pops up unexpectedly. Board discussion ensued concerning some of the projects and the status of the church at 82nd and Simms. Mr. Miles asked the board for input and comments on these projects.

3. Solar Energy Update
Mr. Miles stated that the District is working with Hyland Hills, Foothills, and South Suburban Park and Recreation Districts to apply for a grant with Showcase America. The grant monies will fund the evaluation of sites and recommendations for energy saving adjustments utilizing solar thermal and voltaic systems. Mr. Miles added that the District is about 3 years into this process. Switching to solar thermal for heating all of the pools would have a huge savings potential for the District. Special District Association would like the District to do a presentation on solar energy at the SDA Fall Conference.

4. Cancellation of the July 2, 2009 Board Meeting
Mr. Miles recommended canceling the July 2, 2009 board meeting since there are currently no items on the agenda.

MOTION: Director Harrell moved for cancellation of the July 2, 2009 board meeting. Director Humrich seconded. Motion passed unanimously.

EXECUTIVE DIRECTOR REPORT
a) The District has received a grant for the park study for the Garrison site. This grant will be used to hire a professional to design the site based on what we currently have planned for that location.
b) Mr. Miles spoke with Craig Kocian, Arvada City Manager about approaching organizations for grant monies and we received bad news that The Gates Foundation is not interested in the Garrison Street project.
c) We were contacted by American Sports Centers, an organization that manages Park and Recreation organizations. Their proposal is that they manage the District, rent out the facilities and pay the District a flat rate.
d) The Arvada Chamber has requested to return the Taste of the Holidays event to the Apex. Board discussion ensued concerning the event and trading services in lieu of donations and rental fees. The Chamber just recently changed the location of their monthly breakfast from Indian Tree to the Arvada Center. Board consensus was that they are in favor of hosting the event at the Apex but asked to staff to have some discussion with the Chamber about trading services.
e) Mike Lee, with the City of Arvada, has asked why the Apex Board has not attended the APAC meetings. Board discussion ensued about how to schedule the board members to attend the APAC meetings. Director Humrich volunteered to attend the APAC meetings for July, August and September.
f) On a sad note, Bob West’s mother, Frances Henderson, fell in the women’s locker room yesterday and passed away today.

BOARD MEMBER REPORTS

Director Glenn reported that he was at the Foundation Coffee this week and a candidate that is running for City Council asked to have a conversation with the District about improving relations between the City and the District.

Director Whitfield reported that 165 registrations have been received for the Fathers 5K/Family Run and 110 vehicles have been registered for the Car Show.

BREAK – At 7:33 p.m., President Whitfield called for a 10-minute break prior to resuming the board meeting in Executive Session.

EXECUTIVE SESSION
MOTION: Director Humrich moved to go into Executive Session pursuant to §24-6-402(4)(e), C.R.S., to determine positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. Director Miller seconded. Motion passed unanimously.

The meeting resumed in Executive Session at 7:46 p.m. The Board did not engage in substantial discussion of any matter not enumerated in §24-6-402(4)(e), C.R.S., nor did it adopt any proposed legislative policy, position, resolution, rule, regulation or formal action.

MOTION: Director Humrich moved to go out of Executive Session. Director Harrell seconded. Motion passed unanimously.

MOTION: Director Harrell moved to go into Executive Session for the purpose of receiving legal advice with respect to various negotiating issues pursuant to §24-6-402(4)(e), C.R.S., to determine positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. Director Glenn seconded. Motion passed unanimously.

The meeting resumed in Executive Session with legal counsel at 8:12 p.m. The Board did not engage in substantial discussion of any matter not enumerated in §24-6-402(4)(e), C.R.S., nor did it adopt any proposed legislative policy, position, resolution, rule, regulation or formal action.

MOTION: Director Harrell moved to go out of Executive Session with legal counsel. Director Glenn seconded. Motion passed unanimously.

The open meeting resumed at 8:45 p.m.

ADJOURNMENT
MOTION: Director Harrell moved that the meeting be adjourned. Director Humrich seconded. Motion passed unanimously.

President Whitfield adjourned the meeting at 8:46 p.m.

Respectfully submitted,
Luann Levine, Recording Secretary

ATTEST:
Lee Humrich, Secretary/Treasurer

I hereby affirm that all of the discussion in Executive Session constituted attorney-client communications.
James Collins, Collins Cockrel & Cole, PC