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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
MARCH 28, 2018
A regular meeting of the Board of Directors of the Northwest Lakewood Sanitation District and the Board of Directors of the Wastewater Utility Enterprise (referred to hereafter as “Board”) was convened, on Wednesday, the 28th day of March, 2018, at 4:00 P.M., at the offices of Martin/Martin, Inc., 12499 W. Colfax Avenue, Lakewood, Colorado. The meeting was open to the public.
Directors In Attendance Were:
Anthony M. Dursey
James D. “Jim” Zimmerman
Gregory A. “Greg” Fabisiak
Catherine “CiCi” Kesler
Also In Attendance Were:
AJ Beckman and Steve Beck; Special District Management Services, Inc.
Tim Flynn, Esq.; Collins, Cockrel & Cole, P.C.
Bill Willis; Martin/Martin Consulting Engineers
Darrin Dill; Ramey Environmental Compliance
Eric Barnes, CPA; Fiscal Focus Partners, LLC
Jim Capecelatro; Cushman & Wakefield
Minutes: The Board reviewed the minutes of the February 28, 2018 Regular meeting.
Following discussion, upon motion duly made by Director Kesler, seconded by Director Fabisiak, and upon vote, unanimously carried, the minutes of the February 28, 2018 meeting were approved as presented.
Claims: The Board considered approval of the payment of claims through the period ending March 28, 2018, as follows:
General Fund $ 14,494.64
Enterprise Fund $ 28,108.13
Total $ 42,602.77
Following a discussion, upon motion duly made by Director Fabisiak, seconded by Director Kesler and, upon vote, unanimously carried, the Board approved the payment of claims for the period ending March 28, 2018, as presented.
Unaudited Financial Statement: Mr. Barnes 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 February 28, 2018, the schedule of cash position dated March 23, 2018 and the report on collections of fees. Mr. Beckman discussed the past due accounts and collection efforts. The Board requested that staff include with the next quarterly statements an insert or notice printed on the statement advising the recipient of the past due account status, and that failure to pay the past due balance may subject their property to a lien and to additional penalties of up to 30-40% of the balance due.
Following discussion, upon motion duly made by Director Kelser, seconded by Director Zimmerman and, upon vote, unanimously carried, the Board accepted the unaudited financial statements of the District setting forth the cash deposits, investments, and budget analysis, and accounts payable vouchers for period ending
February 28, and the schedule of cash position dated March 23, 2018, as presented.
Status of Investments: Mr. Barnes discussed the status of the investments noting the upcoming maturity of CD’s on April 3, 2018. Following discussion, upon motion duly made by Director Kesler, seconded by Director Zimmerman, the Board directed staff to invest the funds from the maturing CD’s in the ColoTrust Plus Fund upon maturity.
Rate Comparison: Mr. Beck reviewed with the Board the Rate Comparison of area and regional Districts similar to NWLSD and how the information was collected.
Westridge Sanitation District/Northwest Lakewood Sanitation District Easement: Attorney Flynn reported that he, Westridge Sanitation District staff and the Westridge engineer met with Amanda Weaver to review the easement document and the conceptual plan for the crossing of the drainage ditch on her property. Mr. Flynn is revising the easement document and will resubmit it to both Amanda Weaver and the entity that holds the conservation easement on her property in the very near future. He noted that some of the exhibits to the document need to be revised.
Collection System Operation and Maintenance Agreement with Ramey Environmental Compliance, Inc.: Attorney Flynn reviewed with the Board a draft Agreement with Ramey Environmental Compliance, Inc. for 2018. He noted that the agreement is very similar to previous years agreements. Director Kesler and Director Zimmerman noted that the Exhibit C was still inaccurate. As a result, this matter was differed until an Exhibit can be finalized.
Update on 930 Alkire Street Easements: Mr. Flynn reported that he has drafted letters for the purpose of contacting all affected parties who will need to convey either permanent or temporary easements to allow the District to excavate and remove the jet header that is stuck in the sewer line located on the rear of 930 Alkire Street. The letter and easement have been submitted to Martin/Martin for comment.
Orthophosphate Matter: Mr. Flynn briefed the Board on a recent Health Department Order requiring Denver Water to utilize orthophosphate for the purpose of controlling corrosion in Denver Water’s distribution system for the purpose of reducing the amount of lead and copper that leeches into the water. The Health Department has required that orthophosphate be used as a corrosion control measure, but this will increase the amount of phosphorous that is received by wastewater treatment plants and that ultimately finds its way back into the rivers and reservoirs in the area through return flows. The Health Department’s decision was quite controversial and may be the subject of future litigation. It will certainly increase the cost to treat wastewater in the future.
Operations Monthly Report: Mr. Dill reviewed the monthly report (February 1-28) with the Board. No action was required. A copy of the report is attached hereto and incorporated herein by this reference.
Engineer’s Report: Mr. Willis reviewed with the Board his report dated March 28, 2018. A copy of the report is attached hereto and incorporated herein by this reference. He reported that the 2017 Capital Improvements should be completed within the next two weeks. Once this last item has been completed he will verify the completion and advise staff when the retainage can be released.
2018 Capital Improvements Plan: Mr. Willis reviewed the 2018 Capital Improvement Plan with the Board in the estimated amount of $1,529,699.01. He noted that these were all Category 3 – High Priority repairs to the system.
Following discussion, upon motion duly made by Director Kesler, seconded by Director Zimmerman, and upon vote, unanimously carried, the Board approved the bid scope of the 2018 Capital Improvements Plan as presented. The Board directed staff to add the picture of the District indicating the repairs to be made to the District website.
4101 Miller Street: Mr. Jim Capecelatro addressed the Board and stated that he had over 20 years of experience with Cushman & Wakefield and that he works primarily with sellers. He discussed his strategy for marketing the property and a range of selling prices that the District might expect in the future.
Following discussion, upon motion duly made by Director Fabisiak, seconded by Director Kessler, and upon vote, unanimously carried, the Board directed Mr. Willis to work with Mr. Capecelatro to review the site and develop a preliminary site plan and estimate the build out acreage given the existing flood plain, to review the easements and what needs to be done with existing pipe and if the flood plain can be moved.
The Board asked staff to contact Mr. Walt Frankland to discuss revising the District website.
There being no further business to come before the Board at this time, upon motion duly made by Director Zimmerman, seconded by Director Fabisiak and, upon vote, unanimously carried, the meeting was adjourned at 5:40 PM.
Secretary for the Meeting
THESE MINUTES APPROVED AS THE OFFICIAL MARCH 28, 2018 MINUTES OF THE NORTHWEST LAKEWOOD SANITATION DISTRICT BY THE BOARD OF DIRECTORS SIGNING BELOW:
Anthony M. Dursey
James D. “Jim” Zimmerman
Gregory A. “Greg” Fabisiak
Catherine “Cici” Kesler