Solterra News■ Fossil Ridge District items have blue titles
■ Solterra HOA items have green titles ■ Patio Homes items have purple titles
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BY ORDER OF THE BOARDS OF DIRECTORS:
FOSSIL RIDGE METROPOLITAN DISTRICTS NOS. 1-3 By: /s/ COMMUNITY RESOURCE SERVICES OF COLORADO |
Pesticide Application begins May 30th
Beginning Tuesday May 30th, the landscape vendor will begin applying a pesticide to the common areas and native tracts. To view the details of the application used, please click the images below.
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Pool Information for Upcoming Season
We are excited the pool season is beginning! The pool will be open daily from 10am-8pm. Capacity in the pool area is 77 people at any given time. A safety check, per state pool requirements, will occur every 2 hours for 15 minutes. When the safety check is called, please vacate the pool until the lifeguards provide the all clear to reenter the pool.
This year, the pool will utilize a digital check-in process with our gate monitors. Access will only be granted once the check in process has been completed. To expedite the waiver process please click the link below. Please note: include everyone in your household who would be using the pool including anyone watching your children, sign the minor release form if applicable and sign off on the liability waiver at the bottom of the application. This information will be verified against our database of home owners and any delinquent district payments will not allow pool access.
https://swimmingpoolpasses.net/solterra/
Please complete this application prior to coming to the pool, or you will have to stand in line filling out. Your place in line will not be held while you are completed the waiver process.
Also, if the daily temperature does not rise about 65 degrees, the pool will be closed for the day. Floatation devices cannot exceed 3 feet in diameter and glass is strictly prohibited. Pool rules are posted onsite as a friendly reminder.
Thank you and we hope you have a wonderful pool season!
This year, the pool will utilize a digital check-in process with our gate monitors. Access will only be granted once the check in process has been completed. To expedite the waiver process please click the link below. Please note: include everyone in your household who would be using the pool including anyone watching your children, sign the minor release form if applicable and sign off on the liability waiver at the bottom of the application. This information will be verified against our database of home owners and any delinquent district payments will not allow pool access.
https://swimmingpoolpasses.net/solterra/
Please complete this application prior to coming to the pool, or you will have to stand in line filling out. Your place in line will not be held while you are completed the waiver process.
Also, if the daily temperature does not rise about 65 degrees, the pool will be closed for the day. Floatation devices cannot exceed 3 feet in diameter and glass is strictly prohibited. Pool rules are posted onsite as a friendly reminder.
Thank you and we hope you have a wonderful pool season!
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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.
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.
FRMD BROOKFIELD LAWSUIT UPDATE
March 24, 2023
As the Board also previously updated, on Friday, February 17, 2023, Brookfield filed a motion to enforce the service plan (“Motion”) against both the Districts and Green Mountain Water and Sanitation District (“GMWSD”), arguing that District 1 and GMWSD unilaterally modified the Service Plan by failing and/or refusing to agree to provide sewer service to Brookfield’s filings 18, 20 and 21 that are not yet occupied and/or built out.
On March 21, 2023, attorneys for the Districts responded to Brookfield’s Motion arguing that the Districts’ Service Plan contemplates that sewer service will be provided through the Intergovernmental Agreement with GMWSD, and as such GMWSD is the party responsible for providing the service.
As the Board also previously updated, on Friday, February 17, 2023, Brookfield filed a motion to enforce the service plan (“Motion”) against both the Districts and Green Mountain Water and Sanitation District (“GMWSD”), arguing that District 1 and GMWSD unilaterally modified the Service Plan by failing and/or refusing to agree to provide sewer service to Brookfield’s filings 18, 20 and 21 that are not yet occupied and/or built out.
On March 21, 2023, attorneys for the Districts responded to Brookfield’s Motion arguing that the Districts’ Service Plan contemplates that sewer service will be provided through the Intergovernmental Agreement with GMWSD, and as such GMWSD is the party responsible for providing the service.
FRMD BROOKFIELD LAWSUIT UPDATE
March 14, 2023
As previously updated, the Districts filed a Motion to Dismiss all but one of the claims asserted by Brookfield in their lawsuit. Instead of responding to the Motion to Dismiss, Brookfield elected to amend its Complaint, in an attempt to avoid dismissal. On March 8, 2023, the Districts filed revised/updated Motions to Dismiss addressing many of the same deficiencies from Brookfield’s original Complaint.
As the Board also previously updated, on Friday, February 17, 2023, Brookfield filed a motion to enforce the service plan (“Motion”) against both the Districts and Green Mountain Water and Sanitation District (“GMWSD”), arguing that District 1 and GMWSD unilaterally modified the Service Plan by failing and/or refusing to agree to provide sewer service to Brookfield’s filings 19-21 that are not yet occupied and/or built out. Attorneys for the Districts conferred with Brookfield’s counsel regarding several untrue statements in the Motion and, after conferral, on March 6, 2023, Brookfield filed an Amended Motion to enforce the Service Plan (“Amended Motion”). The Districts’ position remains that the Districts’ Service Plan contemplates that sewer service will be provided through the Intergovernmental Agreement with GMWSD, and as such GMWSD is the party responsible for providing the service. The Districts’ response to the Amended Motion is due on March 21.
Finally, Brookfield recently submitted onerous public records requests to the Districts under the Colorado Open Records Act. These requests seek tens of thousands of documents and communications from the Districts going back to 2008. The Districts are in the process of conferring with Brookfield’s counsel in an effort to reach agreement on reasonable parameters for the Districts’ production of public records without having to seek court intervention. Regardless, responding to these requests will take significant time and expense. The Districts will charge Brookfield for costs of responding to the requests to the extent authorized by Colorado law.
A link to the Motions to Dismiss, and the Amended Motion can be found on Solterra-Connect under Documents-District Documents-Brookfield Lawsuit. Exhibits are available upon request.
The Boards will continue to keep the community updated.
As previously updated, the Districts filed a Motion to Dismiss all but one of the claims asserted by Brookfield in their lawsuit. Instead of responding to the Motion to Dismiss, Brookfield elected to amend its Complaint, in an attempt to avoid dismissal. On March 8, 2023, the Districts filed revised/updated Motions to Dismiss addressing many of the same deficiencies from Brookfield’s original Complaint.
As the Board also previously updated, on Friday, February 17, 2023, Brookfield filed a motion to enforce the service plan (“Motion”) against both the Districts and Green Mountain Water and Sanitation District (“GMWSD”), arguing that District 1 and GMWSD unilaterally modified the Service Plan by failing and/or refusing to agree to provide sewer service to Brookfield’s filings 19-21 that are not yet occupied and/or built out. Attorneys for the Districts conferred with Brookfield’s counsel regarding several untrue statements in the Motion and, after conferral, on March 6, 2023, Brookfield filed an Amended Motion to enforce the Service Plan (“Amended Motion”). The Districts’ position remains that the Districts’ Service Plan contemplates that sewer service will be provided through the Intergovernmental Agreement with GMWSD, and as such GMWSD is the party responsible for providing the service. The Districts’ response to the Amended Motion is due on March 21.
Finally, Brookfield recently submitted onerous public records requests to the Districts under the Colorado Open Records Act. These requests seek tens of thousands of documents and communications from the Districts going back to 2008. The Districts are in the process of conferring with Brookfield’s counsel in an effort to reach agreement on reasonable parameters for the Districts’ production of public records without having to seek court intervention. Regardless, responding to these requests will take significant time and expense. The Districts will charge Brookfield for costs of responding to the requests to the extent authorized by Colorado law.
A link to the Motions to Dismiss, and the Amended Motion can be found on Solterra-Connect under Documents-District Documents-Brookfield Lawsuit. Exhibits are available upon request.
The Boards will continue to keep the community updated.
LAWSUIT UPDATE
February 23, 2023
On Friday, February 17, 2023, Brookfield filed a new motion against both FRMD 1 and Green Mountain Water and Sanitation District (“GMWSD”). The Motion argues that FRMD 1 and GMWSD unilaterally modified the Service Plan by failing and/or refusing to agree to provide sewer service to Brookfield’s filings 19-21 that are not yet occupied and/or built out. As background, a service plan serves as the districts “charter” and is the governing document that sets forth the districts powers, services, general operations and funding. FRMD 1’s position is and remains that the Service Plan contemplates that sewer service will be provided through the Intergovernmental Agreement with GMWSD and as such GMWSD is the party responsible for providing the service. FRMD’s response to the Motion is due on March 10. The Board will continue to keep the community updated.
On Friday, February 17, 2023, Brookfield filed a new motion against both FRMD 1 and Green Mountain Water and Sanitation District (“GMWSD”). The Motion argues that FRMD 1 and GMWSD unilaterally modified the Service Plan by failing and/or refusing to agree to provide sewer service to Brookfield’s filings 19-21 that are not yet occupied and/or built out. As background, a service plan serves as the districts “charter” and is the governing document that sets forth the districts powers, services, general operations and funding. FRMD 1’s position is and remains that the Service Plan contemplates that sewer service will be provided through the Intergovernmental Agreement with GMWSD and as such GMWSD is the party responsible for providing the service. FRMD’s response to the Motion is due on March 10. The Board will continue to keep the community updated.
UPDATE ON THE BROOKFIELD LAWSUIT
February 13, 2023
As we previously updated, the Districts filed a Motion to Dismiss all but one of the claims asserted by Brookfield in the lawsuit. Instead of responding to the Motion to Dismiss, Brookfield recently elected to amend its Complaint, in an attempt to avoid dismissal. A copy of the Amended Complaint is attached to allow residents to review and understand Brookfield’s latest and revised position.
The Districts’ attorneys are currently evaluating the Amended Complaint to determine the appropriate response. An answer or a renewed motion to dismiss will be due February 22, but it is likely there will be an extension of that deadline.
Thank you,
FRMD
As we previously updated, the Districts filed a Motion to Dismiss all but one of the claims asserted by Brookfield in the lawsuit. Instead of responding to the Motion to Dismiss, Brookfield recently elected to amend its Complaint, in an attempt to avoid dismissal. A copy of the Amended Complaint is attached to allow residents to review and understand Brookfield’s latest and revised position.
The Districts’ attorneys are currently evaluating the Amended Complaint to determine the appropriate response. An answer or a renewed motion to dismiss will be due February 22, but it is likely there will be an extension of that deadline.
Thank you,
FRMD
UPDATE ON THE BROOKFIELD LAWSUIT
January 23, 2023
As discussed at the FRMD Board Meetings on December 8, 2022, and January 16, 2023, Brookfield filed a lawsuit against the Fossil Ridge Metropolitan Districts 1, 2 and 3 on November 23, 2022. This suit requested, amongst other things, that the Jefferson County District Court direct District No. 1 to immediately issue $31.8 million in bonds to repay the Brookfield claims. They are also demanding reimbursement for the maintenance costs associated with public improvements which they claim that the District No. 1 has either failed to maintain or refused to take possession of. In response, the Districts’ legal team has filed a Motion to Dismiss for all but one of Brookfield’s claims.
Brookfield’s Complaint and the Districts’ Motion to Dismiss are attached below so that residents can review and understand the Districts’ position and related legal defense.
The timeline by which these actions will be resolved is difficult to predict. Below is a timeline showing when actions were initiated and dates by which follow-on actions are projected to occur. This timeline will continue to be updated, so that residents can review and understand the Districts' position and related legal defense.
As discussed at the FRMD Board Meetings on December 8, 2022, and January 16, 2023, Brookfield filed a lawsuit against the Fossil Ridge Metropolitan Districts 1, 2 and 3 on November 23, 2022. This suit requested, amongst other things, that the Jefferson County District Court direct District No. 1 to immediately issue $31.8 million in bonds to repay the Brookfield claims. They are also demanding reimbursement for the maintenance costs associated with public improvements which they claim that the District No. 1 has either failed to maintain or refused to take possession of. In response, the Districts’ legal team has filed a Motion to Dismiss for all but one of Brookfield’s claims.
Brookfield’s Complaint and the Districts’ Motion to Dismiss are attached below so that residents can review and understand the Districts’ position and related legal defense.
The timeline by which these actions will be resolved is difficult to predict. Below is a timeline showing when actions were initiated and dates by which follow-on actions are projected to occur. This timeline will continue to be updated, so that residents can review and understand the Districts' position and related legal defense.
- Brookfield’s Complaint: Served on the Districts on Nov. 23, 2022; filed with the Court on Dec. 6, 2022
- The Districts’ Motion to Dismiss: Filed on Jan. 13, 2023
- Brookfield’s Response to the Motion to Dismiss: Due on Feb. 3, 2023 (unless Brookfield receives an extension of time).
- The Districts’ Reply in Support of the Motion to Dismiss: Due 7 days after Brookfield’s Response is filed. Once the Motion to Dismiss is fully briefed, the judge will review the briefing and issue a written decision. The timeline of the judge’s decision is unknown.
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Solterra Friday Morning Book Club 2023Normally 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 |
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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 Metropolitan District Board
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
Photo by rupixen.com on Unsplash.com
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.
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.
Orchard Park Dog Waste
There have been complaints about inappropriate disposal of dog waste at one of the receptacles in Orchard Park. As shown on the map below, there are four waste containers in close proximity in the park, and the one shown is the only one that is frequently overfilled. Replacement of this container with a larger one like those at the picnic pavilion and tennis court could potentially cost the community $1500 and would detract from the park’s appearance. If one of the containers is full, request you walk the short distance to another waste receptacle or take it home to dispose of there. Depositing pet waste bags on the ground is not necessary with the other options available.
Request you do this out of consideration and respect for your fellow residents.
Request you do this out of consideration and respect for your fellow residents.
Yellow Star = Large waste receptacles
Green Star = Dog waste station that is used correctly
Red Logo = Problem dog waste area
Green Star = Dog waste station that is used correctly
Red Logo = Problem dog waste area
EVENTS CALENDAR
6/2 - Friday Morning Book Club
11:00 am-12:00 pm at the Retreat
11:00 am-12:00 pm at the Retreat
6/6 - FRMD Special Meetings
2:00 pm at the Retreat
2:00 pm at the Retreat
6/8 - Empty Nesters Bunco
1:00 at the Retreat
1:00 at the Retreat
6/8 - Empty Nesters Mahjong
1:30 pm; Contact Marlene Walker
1:30 pm; Contact Marlene Walker
6/21 - Empty Nesters Wine Down
6:00-8:45 pm at the Retreat
6:00-8:45 pm at the Retreat
7/5 - Trash & Recycling pick-up delayed to 7/6
due to Independence Day holiday
due to Independence Day holiday
8/8 - HOA Board Meeting
4:00 pm
4:00 pm
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Visit the website calendar for more Solterra events and details.
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Fossil Ridge Metro District EMERGENCY GUIDE |
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SolterraNEWSLETTER |
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
https://coloradoforestatlas.org
IMPORTANT PHONE NUMBERS
EMERGENCY
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
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