December 8, 2011 Board of Director Meeting Minutes

BOARD OF DIRECTORS

DECEMBER 8, 2011

CALL TO ORDER

President Jim Whitfield called the December 8, 2011 meeting of the Board of Directors of Apex Park and Recreation District to order at 6:32 p.m. at the Apex Center, 13150 W. 72nd Avenue, Arvada, Colorado. Apex board members in attendance were: Jim Whitfield, Lee Humrich, Jeff Glenn and Bob Loveridge. Ken Harrell was absent. Apex participating staff members were Mike Miles, Executive Director, and Luann Levine, Recording Secretary.

ABSENCE EXCUSED

MOTION: Director Humrich moved for the absence of Director Harrell to be excused due to advance notice to the board. Director Glenn seconded. Motion passed unanimously.

APPROVAL OF AGENDA AND ADDITION OF AGENDA ITEMS

MOTION: Director Humrich moved for the approval of the Agenda as posted. Director Glenn seconded. Motion passed unanimously.

APPROVAL OF MINUTES OF NOVEMBER 3, 2011

MOTION: Director Glenn moved for approval of the Minutes of November 3, 2011, as presented. Director Humrich seconded. Motion passed unanimously.

PUBLIC INPUT – There was no public input

NEW BUSINESS

1. Intern Program Summary Report

Ms. Kasha Garneau was unable to attend tonight’s meeting due to her work schedule so she will report at the first meeting in January.

2. Consideration of Resolutions APRD2011-07 for Budgetary Transfers for 2011

Mike Miles, Executive Director stated that this is a typical housekeeping measure that is done each year to revise the budget numbers as we get closer to the end of the year.

MOTION: Director Humrich moved for approval of Resolution APRD2011-07 for Budgetary Transfers for Fiscal Year 2011 authorizing the increase of the 2011 appropriation for Capital Construction and Purchases by $299,560 for a total budget of $9,312,980. Director Glenn seconded. Motion passed unanimously.

3. Consideration of Resolution APRD2011-08 to Adopt 2012 Budget

Mr. Miles stated that this resolution will approve the 2012 budget and set the mill levies for Jefferson County and the City and County of Broomfield.

MOTION: Director Loveridge moved for approval of Resolution APRD2011-08 to adopt the 2012 budget to a sum of $14,852,726; to certify setting the 2012 refund/abatement mill levy at 0.031 and setting the 2011 debt service mill levy at 1.671 mills for assessment of all taxable property within the area of the City and County of Broomfield encompassed by the district; to certify setting the 2012 operating mill levy at 3.673 mills, with 0.059 mills for refund/abatement purposes, and setting the 2012 debt service mill levy at 1.702 mills for assessment of all taxable property within the area of Jefferson County encompassed by the district; to adopt appropriate sums of money to a sum of $14,852,726. Director Glenn seconded. Motion passed unanimously.

4. Apex Center Trademark Issue

Mr. Miles stated that the District’s trademark attorney contacted the lawyer identified as the point of contact for Apex Academies and reported that Apex Academies does not think there is any likelihood of confusion and is not willing to stop use of its mark. Mr. Miles added that the District’s attorney has offered several options for the board to consider. Board discussion ensued. The board directed Mr. Miles to contact the District’s attorney and discuss the option of filing a complaint to see if it will give our position more substance. The board requested that this issue be on the agenda for the next regular board meeting.

5. Consideration of a GOCO Sponsorship with Tablerock HOA

Mr. Miles stated that Tablerock is in the SW portion of the District where we own 4 parcels of land, 3 of which border Open Space land and the 4th is a water retention area. Mr. Miles added that Tablerock HOA would like to build a neighborhood park. The Hoa has $100,000 in cash and have asked Great Outdoors Colorado for a grant. GOCO will consider the grant request if they have a partner which is why the HOA approached us to sponsor their grant. The District’s responsibilities in this partnership would be to manage the grant, pay all the bills and make sure everything happens in a timely manner. The risk associated with this if there were any problems in the project. Mr. Miles stated that he has asked the HOA to submit a park site plan including the cost of the project. After that is received the board will discuss the possibility of sponsoring the grant.

6. Consideration of a First Amendment to a Recreational Field Use Agreement by and between the City of Arvada, APRD and Edge Soccer Club

President Whitfield excused himself from this discussion due to personal interaction with the Edge Soccer Club. Mr. Miles stated that the original agreement for usage of the All Condition Turf Field at Long Lake Ranch was entered into as a condition of the USSF Grant secured by the soccer club. USSF stipulated that the recipient of the grant, Edge Soccer Club, must be granted first priority to schedule and use the field for a term of 10 years. The Edge Soccer Club has also agreed to pay the bill for light usage. If the District needs to use the field a request must be submitted to the Edge Soccer Club. Mr. Miles stated that the Edge Soccer Club would like to extend this exclusive agreement from 2019 to 2029, adding another 10 years to the original agreement. Board discussion ensued. In response to questions from the board Mr. Miles stated that the District’s usage of the field is fairly limited and there have been no conflicts when requesting usage from the soccer club. Board discussion continued

MOTION: Director Loveridge moved to not approve the First Amendment to a Recreational Field Use Agreement by and between the City of Arvada, APRD and Edge Soccer Club. Director Humrich seconded. Motion passed unanimously with President Whitfield abstaining.

7. Arvada Chamber 2012 Annual Sponsor Packages

Mr. Miles stated that the Arvada Chamber of Commerce has several levels of sponsor packages for the Annual Dinner. Board discussion ensued.

MOTION: Director Glenn moved for approval of the For Your Eyes Only Sponsor Level of $2,000. Director Humrich seconded. Motion passed unanimously.

EXECUTIVE DIRECTOR REPORT

2012 Coordinating Committee – City Council has appointed Rachel Zenzinger and Bob Fifer to the Coordinating Committee. Bob Fifer has also been invited to join the Vision 2020 Committee and Shelley Cook has requested to be on the Vision 2020 Committee.

Apex Field House – The Field House is not quite 100% for the grand opening. There are technology issues but we will be able to show action from the fields live on the monitors. There will be a flag raising ceremony by a boy scout troup then the ribbon cutting.

BOARD MEMBER REPORTS

The board recognized Bob West, CFO and Terri Fabrizio, Assistant CFO for receiving the Certificate of Achievement for Excellence in Financial Reporting.

Director Loveridge participated in a tour of the Boys and Girls Club in Lakewood and Denver.

Director Humrich stated that he received many positive comments about the Simms Street Center. He also has heard neighborhood comments concerning a crosswalk across 82nd to reach the Center.

Director Glenn stated that the Arvada Midget Football organization rents space at the Campbell Cottages. There are serious issues with the window frames that need immediate repair.

BREAK – At 8:00 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)(f), C.R.S., to discuss personnel matters concerning salary negotiations. Director Glenn seconded. Motion passed unanimously.

The meeting resumed in executive session at 8:09 p.m.

MOTION: Director Glenn moved to go out of executive session. Director Loveridge seconded. Motion passed unanimously.

ADJOURNMENT

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

President Whitfield adjourned the meeting at 8:30 p.m.

Respectfully submitted,

Luann Levine, Recording Secretary

ATTEST:

Ken Harrell, Secretary/Treasurer