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
FEBRUARY 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 February, 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
Wayne Ramey; Ramey Environmental Compliance
Susan Opalinski, CPA; Fiscal Focus Partners, LLC
Kimberly Shankle; Resident
Minutes: The Board reviewed the minutes of the January 24, 2018 Regular meeting.
Following discussion, upon motion duly made by Director Zimmerman, seconded by Director Kesler, and upon vote, unanimously carried, the minutes of the January 24, 2018 meeting were approved as presented.
Ms. Shankle addressed the Board and expressed her concern about the taxes and fees being charged by the District and compared them to other areas where she has properties and explained that the District fees are higher than she has experienced with her other properties. The Board discussed the cost of operating and maintaining the District’s infrastructure and requested that staff obtain information concerning the fees and charges imposed by other sanitation districts so that Northwest Lakewood’s fees and charges can be compared to other sanitation service providers. The Board also requested that the website be updated to include the most recent draft of the District’s minutes and that other outdated materials, if any, be updated. Ms. Shankle left the meeting after her discussion.
Claims: The Board considered approval of the payment of claims through the period ending February 28, 2018, as follows:
General Fund $ 326,088.01
Enterprise Fund $ 91,337.53
Total $ 417,425.54
Following a discussion, upon motion duly made by Director Kesler, seconded by Director Fabisiak and, upon vote, unanimously carried, the Board approved the payment of claims for the period ending February 28, 2018, as presented.
Unaudited Financial Statement: Ms. Opalinski 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 January 31, 2018, the schedule of cash position dated February 20, 2018 and the report on collections of fees.
Following discussion, upon motion duly made by Director Kelser, 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, and budget analysis, and accounts payable vouchers for period ending
January 31, 2018, and the schedule of cash position dated February 20, 2018, as presented.
Status of Investments: Ms. Opalinski discussed the status of the investments noting the upcoming maturity of CD’s. Director Kesler requested Ms. Opalinski to check with BNC Bank for their interest rates.
Westridge Sanitation District/Northwest Lakewood Sanitation District Easement: Attorney Flynn reported that the Westridge Sanitation District engineer is in the process of scheduling a meeting with Amanda Weaver to review the easement document as well as the conceptual plan for the crossing of the drainage ditch on her property. This crossing is an improvement that is being offered to her in exchange for the easement she will grant to both Northwest and Westridge. The cost of the crossing will be shared equally by the two districts.
Amendment to Northwest Interceptor Agreement: Attorney Flynn reported to the Board that work on the amendment to the IGA with College Park is on hold until College Park can resolve certain outstanding issues with Red Rocks Community College and Jefferson County Schools, both of which have major education facilities on property known as the Education Complex within College Park.
Public Hearing on the Exclusion of Land Owned by 70 WBC, L.L.C.: Director Dursey opened the public hearing to consider the exclusion of the 70 WBC, L.L.C. property out of the boundaries of the District.
Prior to opening the public hearing, legal counsel advised the Board that it had jurisdiction to convene the public hearing because notice of the hearing on the proposed exclusion of property, including the date, time, and place of the public hearing was published in a newspaper of general circulation within the District. No written objections were received prior to the public hearing. No public comments being received, the Board closed the public hearing.
Following discussion, upon motion duly made by Director Zimmerman, seconded by Director Fabisiak and, upon vote, unanimously carried, the Board approved the inclusion of the property as described in the Petition. A copy of Resolution No. 2018-2-1 Ordering the Exclusion of Real Property is attached hereto and incorporated herein by this reference.
Collection System Operation and Maintenance Agreement with Ramey Environmental Compliance, Inc.: Attorney Flynn reviewed with the Board that a new Agreement with Ramey Environmental Compliance, Inc. for 2018, noting that the current agreement expired at the end of December. Director Kesler requested that the discussion and approval be tabled until the March 28, 2018 meeting.
Update on 930 Alkire Street Easements: Attorney Flynn reported that he is continuing to attempt to contact all of the affected parties and is drafting letters to be sent to each property owner.
Election Update: Attorney Flynn discussed the deadlines for the election and stated that the Designated Election Official will most likely be able to cancel the
election. He also noted that if there is one vacancy on the Board after the election has been cancelled, the Board would be able to fill that vacancy by appointment.
10570 W. 26th Avenue Line Extension Agreement: Bill Willis presented to the Board an Application and Agreement for Extension of District sewer mains for a project being developed by Development 26 LLC at 10570 W. 26th Avenue. The Agreement is necessary for the developer to install an extension of the District’s sewer system to service the development.
Following discussion, upon motion duly made by Director Zimmerman, seconded by Director Kesler and, upon vote, unanimously carried, the Board approved the
Line Extension Agreement for the property located at 10570 W. 26th Avenue.
Mr. Flynn stated that he thought a sewer line easement also needed to be granted to the District. Mr. Willis will check on that and see if the easement has in fact been granted to the District for the sewer line extension that is going to be constructed.
Operations Monthly Report: Mr. Ramey reviewed the monthly report (January 1-31) 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 February 28, 2018. A copy of the report is attached hereto and incorporated herein by this reference. Mr. Willis reported that a subcontractor to Insituform has asserted a claim against the project and purported to file a mechanics or other type of lien. According to Mr. Willis, this is a standard practice of that subcontractor. Insituform has been contacted and supposedly all payments to subcontractors are current. Before any further payment is made to Insituform, however, the engineers will make sure that all subcontractors have been paid.
2018 Capital Improvements Plan: Mr. Willis reviewed the 2018 Capital Improvement Plan with the Board. The Board discussed pursuing approximately $2m in improvements in 2018.
4101 Miller Street: The Board deferred discussion to the March meeting.
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 FEBRUARY 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