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rom the court requiring the districts and green mountain to provide sanitary sewer service to brookfield s unfinished development in filings 18 20 and 21 brookfield argued that green mountain s failure to timely issue certificates of sewer availability for filings 18 20 and 21 constituted a material modification of the districts service plan which provides that green mountain is the sanitary sewer provider to the development through an intergovernmental agreement with frmd no 1 a two day evidentiary hearing was held on october 9 and 10 during which the districts argued that they are in compliance with their service plan because green mountain continues to provide service to the development through an intergovernmental agreement that remains in full force and effect mike mccleary and dave mcgraw testified as witnesses for the districts they explained to the court that the districts have no control over whether green mountain issues additional certificates of availability for the new homes and the districts have no ability to independently provide sanitary sewer service without green mountain s cooperation the boards had serious concern that if the districts were ordered to provide sewer service the districts would not be able to comply with that court order on october 14 2023 the court issued its order denying brookfield s motion in its entirety the court agreed with the districts position and concluded that the districts have not materially modified their service plan this matter is therefore concluded although it is possible that brookfield will appeal brookfield bond litigation october 17 2023 as previously updated the districts filed a motion to dismiss brookfield s claims that ask the court to order frmd nos 2 and 3 to immediately bond to their maximum debt limit unfortunately the court recently denied the motion to dismiss previously this matter was pending before judge lilly oeffler who was the judge that considered the 2017 motion to appoint proper persons on the district boards after brookfield representatives resigned from the board judge oeffler was familiar with the districts their interplay and the prior history involving brookfield judge oeffler retired in september and judge ryan loewer is now the judge assigned to this matter and is the one who ruled on the motion to dismiss although motions to dismiss are difficult to win the board is nevertheless disappointed in the decision the next step in the case will be for the districts to answer brookfield s complaint by november 10 the case will then move into the discovery phase the board remains open to early resolution of this matter and will continue to explore those options notice of board member attendance frmd 1 3 notice of board member attendance at event fossil ride metropolitan district no 1 board of directors notice is hereby given that three or more members of the board of directors of the fossil ridge metropolitan district no 1 state of colorado may be in attendance at a hearing in front of judge ryan p loewer filed in the jefferson county district court which is scheduled for october 9 2023 beginning at 3 00 p m to 5 00 p m and continuing through october 10 2023 beginning at 9 00 a m to 5 30 p m and located at the jefferson county district court 100 jefferson county parkway golden co though no formal meeting will be held three or more board members may be present at the hearing matters that impact the district may be discussed by those in attendance including district staff board members and the public no board action on any district matter will be taken if you have any questions concerning this issue please contact the district board office at 303 381 4960 from 8 30 a m to 5 00 p m monday through friday by order of the fossil ridge metropolitan district no 1 board of directors s tom waterman tom waterman board president notice of board member attendance at event fossil ride metropolitan district no 2 board of directors notice is hereby given that three or more members of the board of directors of the fossil ridge metropolitan district no 2 state of colorado may be in attendance at a hearing in front of judge ryan p loewer filed in the jefferson county district court which is scheduled for october 9 2023 beginning at 3 00 p m to 5 00 p m and continuing through october 10 2023 beginning at 9 00 a m to 5 30 p m and located at the jefferson county district court 100 jefferson county parkway golden co though no formal meeting will be held three or more board members may be present at the hearing matters that impact the district may be discussed by those in attendance including district staff board members and the public no board action on any district matter will be taken if you have any questions concerning this issue please contact the district board office at 303 381 4960 from 8 30 a m to 5 00 p m monday through friday by order of the fossil ridge metropolitan district no 2 board of directors s terry larson terry larson board president notice of board member attendance at event fossil ride metropolitan district no 3 board of directors notice is hereby given that three or more members of the board of directors of the fossil ridge metropolitan district no 3 state of colorado may be in attendance at a hearing in front of judge ryan p loewer filed in the jefferson county district court which is scheduled for october 9 2023 beginning at 3 00 p m to 5 00 p m and continuing through october 10 2023 beginning at 9 00 a m to 5 30 p m and located at the jefferson county district court 100 jefferson county parkway golden co though no formal meeting will be held three or more board members may be present at the hearing matters that impact the district may be discussed by those in attendance including district staff board members and the public no board action on any district matter will be taken if you have any questions concerning this issue please contact the district board office at 303 381 4960 from 8 30 a m to 5 00 p m monday through friday by order of the fossil ridge metropolitan district no 3 board of directors s aaron hochstein aaron hochstein board president mailbox thefts in response to recent reports of mail disappearing from the community mailboxes frmd has reached out to the post office they informed us that a single pass key is used to access the community mailboxes in the 802xx zip code which includes among others significant portions of denver lakewood and morrison the post office has identified resolution of this pass key compromise as a priority but advises that rekeying the affected mailboxes would cost in excess of five million dollars and require significant effort this theft problem is not unique to lakewood but rather is occurring across the county while preventative actions are being taken the postal service has provided the following tips to address mail theft don t let mail sit in your mailbox retrieve it daily don t drop mail into a collection box at night take it into a post office sign up for informed delivery and the postal service will send you a preview of what mail and packages are coming when you go out of town sign up to have your mail held at the post office be involved in your neighborhood and tell others about mail theft and potential threats to mail carriers watch for your mail carrier and if you see something that looks suspicious or someone following your carrier call 911 task forces to be appointed residents please review the attached notice related to house bill 23 1105 thank you board of directors fossil ridge metro districts nos 1 3 be aware pond flooding recent rainfall and the ground that has reached its saturation point have caused a flooding problem in our community the rain eventually finds its way into the storm drains which follows a path to the various ponds in the community all our ponds are at maximum capacity by design the ponds should return to normal levels within 72 hours after the rain has stopped please be aware that currently these ponds represent a safety challenge please avoid paths that adjoin ponds these paths are either covered with water or present a mud hazard we appreciate your cooperation until we return to conditions that are safe for the community fossil ridge metropolitan district boards 1 3 frmd sidewalk update june 20 2023 residents we have had an exceptional wet spring that has spilled over to the summer with lower than average temperatures and daily rains all the water is not being absorbed by the ground like in years past and causing areas of concern through our neighborhood as we are working with the city of lakewood on addressing the consistent wet sidewalk areas the city has asked us to see how we can do our part the landscaping crews are checking all areas to address any leaks and we ask residents to do that same for your sprinkler system water will always flow downhill so we need to make sure the heads are not leaking after the zone is complete we ask everyone to look at their sprinkler control panel to make sure each zone is set based on the city watering recommendations please see below as it lays out the amount of time recommended based on your sprinkler head type click for larger image if your control box is broken or you want to upgrade your system the following recommendation is provided by the epa for new controllers the newer control boxes have water sensors or connect to your wifi to monitor the weather if rain is detected in the area it will either run a shorter cycle or skip the day to save on water consumption https www epa gov watersense watersense labeled controllers beware of slip hazards on sidewalks algae has developed on the sidewalks along sections of iliff wesley and indiana which has resulted in slip hazards for pedestrians this is potentially attributable to runoff from sump pumps and irrigation systems compounded by the rainy weather caution is recommended when crossing these slippery areas the frmd board is working with the city of lakewood to resolve this problem the areas identified in green are repeat areas of concern for the slippery concrete on the sidewalk areas this does not include all areas that might be affected so please use caution when traveling in the neighborhood click to view community update april 20 2023 as the board previously updated the districts filed motions to dismiss brookfield s first amended complaint on april 17 2023 brookfield filed its responses to the motions to dismiss links to which can be found below generally brookfield asks the court to read the governing documents in a way that would allow brookfield to dictate that the districts bond to their maximum debt limit several years ahead of schedule and at a debt ratio that far exceeds what was ever contemplated in the districts financing plan the deadline for the districts to file replies to the responses is april 24 unless an extension for time is granted once the replies are filed the motions to dismiss will be fully briefed and ready for the court to decide with respect to the separate litigation in which brookfield moved to enforce the districts service plan the districts responded on march 21 2023 as described in the march 24 update below brookfield filed its reply on april 7 2023 which included new exhibits and arguments that the districts should be required to provide sanitary sewer service to brookfield s unfinished development even though green mountain water and sanitation district is responsible for that service under the applicable rules the districts moved to file a sur reply brief which is an additional reply to a motion filed after the motion has already been fully briefed brookfield s reply and the districts sur reply motion and proposed sur reply are linked below exhibits available upon request brookfield may oppose the districts request to file a sur reply but once that issue is resolved the motion to enforce the service plan will be fully briefed and ready for the court to rule or to potentially hold a hearing motion to dismiss first amended complaint district 1 motion to dismiss first amended complaint districts 2 and 3 reply in support of amended motion to enforce service plan supplement to amended affidavit in supp of motion to enforce svc plan districts motion to file sur reply to motion to enjoin districts sur reply to motion to enjoin response to frmd no 1 s mtd response to frmd nos 2 3 mtd photo by mediamodifier on unsplash com fossil ridge metro district business plan 2023 frmd business plan 2022 frmd business plan update district responsibilities overview 2023 holiday and recycle calendar visit our trash recycling page for more information delay dates are posted on our website calendar posted december 28 2022 solterra friday morning book club 2023 normally first friday of every month 11 am 12 pm at the retreat please contact cindy licht at cjlicht721 gmail com or carol kearney at ckearney53 gmail com for more information posted december 28 2022 current status of the yale pond and water feature the consolidated mutual water company cmwc has determined that the pond at the water feature referred to as the yale pond is not in compliance with cmwc s operating rule 10 05 entitled lakes and ponds which prohibits the use of potable water to maintain augment the water level in the pond that feeds the water feature it appears that cmwc may not have been made aware that potable water was planned for such use when the developer s application was submitted as a consequence cmwc has directed that the line providing water augmentation be cut before irrigation season commences at this time the supply valve is closed and the water feature may not be operated unless an alternative is found and approved brookfield is developing alternatives which include significantly reducing the size of the pond and reconfiguring the water feature however there is no assurance that a timely resolution will occur or how long the feature will have to remain closed additionally the colorado water commission has requested that brookfield establish an augmentation plan for the water in the yale pond it is frmd s understanding that the water commission requires that the storm runoff and lawn over watering be released within a 72 hour period since the water currently in the pond is from these sources and if there is no other source to replenish the pond it is possible that the pond will need to be drained and continue to remain virtually dry it should be noted that the city has put the lower tributary from wesley to yale into filing 16 and it is yet to be accepted by either the city or the fossil ridge metropolitan district the only city requirement is that the pond be retained to provide surge capacity in the event of a high precipitation event the district has requested that brookfield keep the community informed of and work with the district to find solutions that are sustainable steward potable water resources and are compliant with legal requirements the fossil ridge metr...
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