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Backflow Thefts in SolterraOver the past two weeks, residents’ backflow valves have been stolen throughout the community. The Lakewood PD has become involved, increased their patrols of the community, and provided some recommendations:
*NOTE Backflows are used during the warmer months to provide water to the sprinkler systems and are typically located on the side of the house feeding off your house’s main water supply. See picture below. FRMD Common Areas Vandalized
Community Update on Mowing of Native AreasWithin the next few days, Schultz Industries (Solterra’ s landscaping vendor) will begin mowing the native areas in the Solterra community. Many of the native areas have been invaded by grasses and cattails which are taking over the areas and creating a less than desirable look. Schultz will be mowing the native to slow down the reseeding of these grasses and cattails to create a more aesthetic look.
The cattails are growing in areas that are too wet. This is the result of leaks in the irrigation, sump pump discharge, hot tub, and fountain leaks coming off homeowner’s properties. Please check that you are not responsible for any of the above reasons, and correct as soon as possible. Two invasive grasses, Dwarf Fountain Grass and Pampas Grass are reseeding in the community turf as well as the native areas. They are resistant to weed killer and the root systems are deep and extensive. The expense to dig them out of the turf has become prohibitive. Schultz will continue to mow the turf as usual during the growing season. Currently, this is our only solution of control. Pictures are enclosed of the two grasses. The life of these grasses is usually 10-12 years. Their centers gradually die out and the outer perimeter becomes larger and larger. Since most of our landscaping is at or near the 10 years, the committee asks that you consider eliminating these two grasses from your yard. Thank you for your time and help in our attempt to keep Solterra beautiful! Green Mountain LitigationOctober 17, 2023
As previously updated, Brookfield filed a Motion to Enforce the Districts’ Service Plan in Jefferson County District Court in March 2023. Brookfield sought an order from 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 LitigationOctober 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 #1-3NOTICE 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 TheftsIn 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:
Task Forces to be appointedResidents,
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 FloodingRecent 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 UpdateJune 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. 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 SIDEWALKSAlgae 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.
COMMUNITY UPDATEApril 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.
Current Status of the Yale Pond and Water FeatureThe 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 Metropolitan District Board FRMD District Billing Update Changes
Please visit the Pay Online tab to view how to make Solterra HOA payments, and below to see how to pay FRMD and Sewage Billing.
In the past, two bills were sent from the Metro District to its residents: (1) operation and maintenance fees and (2) sewer bill. The operation and maintenance fees were billed quarterly in advance, typically sent the week prior to the beginning of the new quarter. Sewer fees were billed in arrears for the past quarter, typically sent the first week of the new quarter. CRS has been working with Green Mountain W&S to create a file that can be easily uploaded into the billing system, thus eliminating the necessity for manual entry of sewer charges into each account. With this automation, CRS can now send one bill during the first week of the quarter that includes all the fees – operation, maintenance, and sewer fees. This option is more cost-effective to the District and its residents by decreasing postage, printing, and bill preparation costs in half. In addition, it is a benefit to the residents to just process one payment. |
EVENTS CALENDAR4/25 - Mahjong
1:30 pm; Contact Marlene Walker 5/3 - Cinco de Mayo event 6:00-9:00 pm at Solterra Retreat; info 5/13 - FRMD Regular Board Meeting 6:30 pm 5/14 - HOA Board Meeting 4:00 pm To register for the Solterra HOA Portal and to view your account online please click the button below.
SOLTERRA WILDFIRE RISK
A Wildfire Risk Map created by Colorado State Forest Service, a service and outreach agency of the Warner College of Natural Resources at Colorado State University, provides the natural fire dangers for the community.
https://coloradoforestatlas.org IMPORTANT PHONE NUMBERSEMERGENCY
Police / Fire / Medical Call 911 Animal Control Jeffco Animal Control 303-271-5070 Jefferson County Jeffco.us 303-279-6511 Electricity/Gas Excel Energy 1-800-895-1999 Fire Rescue West Metro Fire Rescue (Non-emergency) 303-980-7300 Management Company CRS 303-381-4960 Police Lakewood Police (Non-emergency) 303-987-7111 Post Office Lakewood Post Office 800-275-8777 Retreat Community Clubhouse 303-980-5450 School District Jeffco Public Schools 303-982-6500 |