RECORD OF PROCEEDINGS
MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE
NORTHWEST LAKEWOOD SANITATION DISTRICT AND THE BOARD OF DIRECTORS OF THE WASTEWATER UTILITY
ENTERPRISE
HELD JUNE 24, 2020
Due to the COVID19 pandemic, the regular monthly meeting of the Board of Directors of
the No1ihwest Lakewood Sanitation District and the Board of Directors of its Wastewater Utility
Enterprise (collectively refened to hereafter as "Board") was convened, by telephone
conference call on Wednesday, June 24, 2020, at 4:00
P.M. The call-in information was listed in the meeting notice posted by the District and the
public was able to attend the meeting by telephone, if they so desired.
ATTENDANCE Directors In Attendance Were:
Anthony M. Dursey Greg Fabisiak
CiCi Kesler
Jim Zimmerman
Following discussion, upon motion duly made by Director Zimmerman, seconded by Director Kesler,
and upon vote, unanimously can-ied, the absence of Director Davenport was excused.
Also In Attendance Were:
Steve Beck; Special District Management Services, Inc. Tim Flynn, Esq.; Collins, Cockrel & Cole,
P.C.
Bill Willis; Martin/Martin Consulting Engineers Wayne Ramey; Ramey Environmental Compliance Walt
Frankland; the District's website consultant
ADMINISTRATIVE Minutes: The Board reviewed the minutes of the May 27, 2020, Regular Meeting.
MATTERS
Following discussion, upon motion duly made by Director Zimmerman, seconded by Director Fabisiak,
and upon vote, unanimously carried, the minutes of the May 27, 2020 Regular Meeting were
approved, as presented.
RECORD OF PROCEEDINGS
existing Executive Orders from the Governor. This discussion will be continued at the July
meeting pending any changes in the status of the Executive Orders and the COVID-19 outbreak.
OPERATIONS MATTERS
Operations Monthly Report: Mr. Ramey reviewed the monthly report (May 1-31) with the Board. A
copy of the report is attached hereto and incorporated herein by this reference.
Engineer's Report: Mr. Willis reviewed with the Board the report dated June 10, 2020 and
the 2019 CIP. A copy of the report is attached hereto and incorporated herein by this
reference.
Pay Application No. 5 and Change Order #4 from lnsituform Technologies, LLC, for the 2019
Sanitary Sewer Improvements, in the amount of $12,605.55: Mr. Willis discussed the Pay App #5 and
Change Order #4 and it was noted that Pay Application No. 5, from Insituform Technologies, LLC, for
the 2019 Sanitary Sewer Improvements, in the amount of $12,605.55 was approved with the claims,
based on the engineer's recommendation. The Final Payment of Retainage was discussed in the
amount of $64,770.21. This is being adve1iised for any outstanding claims. After the two (2) week
period Mr. Willis will advise Mr. Beck if the payment can be signed and released.
Following discussion, upon motion duly made by Director Kesler, seconded by Director
Zimmerman and, upon vote, unanimously carried, the Board approved Pay App #5 and Change Order #4
and also approved the payment of retainage pending the advertising for final payment.
OTHER BUSINESS
ADJOURNMENT
Website Upgrade: Mr. Frankland reported on the status of the District's website updates and
activities.
There being no further business to come before the Board at this time, upon motion duly made by
Director Kesler, seconded by Director Fabisiak and, upon vote, unanimously carried, the
meeting was adjourned.
Respectfully submitted,
By Secretary for the Meeting
RECORD OF PROCEEDINGS
behalf of the District for the construction of the bridge on the Amanda Weaver
property.
Update on 930 Alkire Street Easement: Attorney Flynn reported that he is in contact
with Mr. Willbanks and is continuing to work on obtaining a signed easement and has told Mr.
Willbanks that a new connection to the system for the undeveloped property will not be granted
until the easement is obtained. The property in question is in a trust with at least four
beneficiaries with Mr. Tim Willbanks and Mr. Chris Willbanks as Trustees. At the present
time, the Trustees and the beneficiaries are having a dispute which is precluding the Trust from
granting the District an easement. The Trust has been notified that if the vacant property
is sold, service will not be granted to the property until the proper easement has been
obtained and a manhole installed so that the pipe in the District's sewer line can be
removed. Mr. Chris Willbanks has stated verbally that he will allow the District access over
and across his prope1iy for the purpose of installing the new manhole if the terms and provisions
of that access are set forth in a simple letter agreement. A quote of $19,800.00 has been
received from T. Lowell Contracting to construct the manhole over the sewer line.
Following discussion, upon motion duly made by Director Kesler, seconded by Director
Zimmerman, the Board authorized legal counsel to prepare a access letter and send it to the
Trustees. The access letter, in addition to providing the District access for the purpose
installing the manhole, will advise the Trustees that service to the property will not be granted
until an appropriate easement has been granted and recorded and the new manhole installed so that
the obstruction in the District sewer line can be removed. Upon vote, unanimously carried,
the Board approved the construction of the new manhole and authorized Attorney Flynn to
send a letter to the Willbanks Trust and Trustees.
Third Restated and Amended Sewer Service Agreement with Applewood Sanitation
District: Attorney Flynn reported to the Board that there were no updates or contact with the
Applewood Sanitation District on the agreement changes. He and Director Zimmerman will contact the
Applewood Board to schedule a new meeting to discuss the contract changes.
Roybal Claim For Damages: Attorney Flynn reported that the claim has been denied and there are no
new updates from the claimant.
2100 Youngfield development easement: Attorney Flynn reported that the granting of the easement by
the developer has not been completed and will be continued until the July meeting.
Memorandum for the Certification of Delinquent Accounts: Attorney Flynn discussed the
current status of the handling of delinquent accounts as affected by the
Welcome to
Northwest Lakewood Sanitation District
Call 811 before you dig
Call 811 and the district before any construction on your main service line. (303) 987-0835
RECORD OF PROCEEDINGS
PUBLIC There were no public comments.
COMMENTS
FINANCIAL MATTERS
Claims: Mr. Beck reported to the Board that the claims statement included the Pay Application
No. 5, Change Order #4 and the Final Payment of Retainage from Insituform that will
be discussed during the Engineering Report. The Board considered approval and
ratification of the payment of claims through the period ending June 24, 2020, as follows:
General Fund Enterprise Fund Total
$ 11,266.45
$ 105,756.90
$ 117.023.35
Following discussion, upon motion duly made by Director Fabisiak, seconded by Director
Zimmerman and, upon vote, unanimously carried, the Board approved the payment of claims and Pay
Application #5 and Change Order #4 for the period ending June 24, 2020, as presented. The
Board approved the payment of the Retainage pending the filing of any claims upon advertising
for final payment. Mr. Willis will authorize the signature and release of the payment for Retainage
once the advertising period has ended.
Unaudited Financial Statement: Mr. Beck reviewed with the Board the unaudited financial
statements of the District setting forth the cash deposits, investments, and budget analysis,
accounts payable vouchers for the period ending May 31, 2020, the schedule of cash position dated
May 31, 2020, and the Accounts Receivable reports on collections of fees, the past due accounts and
collection efforts.
Following discussion, upon motion duly made by Director Kesler, seconded by Director
Fabisiak, and, upon vote, unanimously carried, the Board accepted the unaudited
financial statements of the District setting forth the cash deposits, investments,
budget analysis, accounts payable vouchers and accounts receivables reports for the period
ending May 31, 2020, and the schedule of cash position dated May 31, 2020, as presented.
LEGAL MATTERS Update on the drainage crossing for the Amanda Weaver property:
Attorney Flynn reported that the Westridge portion of the project has been completed.
Mr. Willis reported that the Addendum has been signed for the contract in the amount of
$37,900.00, and needs a Board signature.
Following discussion, upon motion duly made by Director Kesler, seconded by Director
Zimmerman, and, upon vote, unanimously carried, the Board authorized Mr. Beck as District Manager
to sign the Addendum to the Levi Contracting contact on