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Northwest Lakewood Sanitation District Official site
MINUTES OF A SPECIAL MEETING OF
THE BOARD OF DIRECTORS OF THE
NORTHWEST LAKEWOOD SANITATION DISTRICT
AND THE BOARD OF DIRECTORS OF THE
WASTEWATER UTILITY ENTERPRISE
HELD
NOVEMBER 24, 2021
In part due to COVID-19 concerns, the Special Meeting of the Board of Directors of
the Northwest Lakewood Sanitation District and the Board of Directors of its
Wastewater Utility Enterprise (collectively referred to hereafter as “Board”) was
convened by Zoom video conference and teleconference call on Wednesday,
November 24, 2021, at 12:00 Noon. The Zoom Meeting and 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.
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ATTENDANCE Directors In Attendance Were:
Anthony M. Dursey
Greg Fabisiak
Jim Zimmerman
Cici Kesler
Clark Davenport
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
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ADMINISTRATIVE
MATTERS
Minutes: The Board reviewed the minutes of the October 27, 2021 Regular Meeting.
Following discussion, upon motion duly made by Director Kesler, seconded by
Director Fabisiak, and upon vote, unanimously carried, the minutes of the October 27,
2021 Regular Meeting were approved, as presented.
2022 Meeting Dates: Attorney Flynn and Mr. Beck discussed the meeting dates with
the Board.
Following discussion, upon motion duly made by Director Kesler, seconded by
Director Davenport, and, upon vote, unanimously carried, the Board approved holding
RECORD OF PROCEEDINGS
2
the Regular Meetings for 2022 on the 4th Wednesday of every month at 4:00 p.m. via
Zoom until further notice.
Discuss §32 -1-809, C.R.S. reporting requirements and mode of eligible elector
notification for 2022: Attorney Flynn discussed the notice to electors required under
Section 32-1-809, C.R.S. (“Transparency Notice”) for 2022. He noted that the
District’s Transparency Notice for 2021 was posted on the SDA website and the
District’s website.
Following discussion, the Board authorized posting the District’s Transparency Notice
for 2022 on the SDA website and on the District’s website.
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PUBLIC
COMMENTS
None.
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FINANCIAL
MATTERS
Claims: Mr. Beck discussed with the Board the payment of claims for the period
ending November 16, 2021, as follows:
General Fund $ 391,367.72
Enterprise Fund $ 28,196.41
Total $ 419,564.13
Following 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 November 16, 2021.
Unaudited Financial Statement: Mr. Beck reviewed with the Board the unaudited
financial statements of the District setting forth the ca sh deposits, investments, and
budget analysis, accounts payable vouchers for the period ending October 31, 2021,
the schedule of cash position dated October 31, 2021, and the Accounts Receivable
reports on collections of fees, the past due accounts and collection efforts.
Following discussion, upon motion duly made by Director Zimmerman, seconded by
Director Davenport, 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 October 31, 2021, and the schedule of cash position dated
October 31, 2021, as presented.
2021 Audit: Mr. Beck discussed the scheduling of the 2021 audit with the Board.
Following discussion, upon motion duly made by Director Zimmerman, seconded by
Director Davenport, and, upon vote, unanimously carried, the Board approved the
engagement of Schilling & Company, Inc. to perform the 2021 audit , for an amount
not to exceed $5,700.00.
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2021 Budget Amendment Hearing: The President opened the public hearing to
consider the Resolution to Amend the 2021 Budget and discuss related issues.
It was noted that publication of Notice stating that the Board would consider adoption
of a Resolution to Amend the 2021 Budget and the date, time and place of the public
hearing was made in a newspaper having general circulation within the District. No
written objections were received prior to this public hearing. No public comments
were received and the public hearing was closed.
Following discussion, the Board determined that a 2021 Budget Amendment was not
needed.
2022 Budget: President Dursey opened the Public Hearing to consider the proposed
2022 Budget and discuss related issues.
It was noted that publication of Notice stating that the Board would consider adoption
of the 2022 Budget and the date, time and place of the public hearing was made in a
newspaper having general circulation within the District. No written objections were
received prior to this public hearing and the public hearing was closed
Mr. Beck discussed the proposed budget, changes made per prior Board discussions
and that the final mill levies and revenues were subject to change based on the Final
Assessed Valuation to be received from Jefferson County. Mr. Beck also stated the
Schilling & Company would be reviewing the final mill levy to verify the Temporary
Reduction required based on TABOR.
Following discussion, upon motion duly made by Director Zimmerman, seco nded by
Director Fabisiak, and, upon vote, unanimously carried, the Board adopted Resolution
No. 2021-11-01; A Resolution of the Board of Directors of the Northwest Lakewood
Sanitation District to Adopt the 2022 Budget and Appropriate Sums of Money, subject
to receipt of the Final Assessed Valuation.
Following discussion, upon motion duly made by Director Zimmerman, seconded by
Director Kesler, and, upon vote, unanimously carried, the Board adopted Resolution
No. 2021-11-02; A Resolution of the Board of Directors of the Northwest Lakewood
Sanitation District to Set Mill Levies at 7.696 mills , less the temporary mill levy
reduction to be verified by Schilling & Company, plus the allowable mill levy for
refunds and abatements based on the Final Assessed Valuation.
DLG-70 Mill Levy Certification: Attorney Flynn and Mr. Beck discussed the DLG-
70 Mill Levy Certification form with the Board.
Following discussion, upon motion duly made by Director Kesler, seconded by
Director Zimmerman, and upon vote unanimously carried, the Board authorized the
District Accountant to prepare and sign the DLG -70 mill levy certification form, for
certification to the Board of County Commissioners and other interested parties.
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Discuss Xpress Bill Pay : Mr. Beck discussed the Xpress Bill Pay service with the
Board.
Payment Support Options: Attorney Flynn, Director Davenport and Mr. Beck
discussed some payment options for residents and customers who are having problems
paying their utility bills.
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LEGAL MATTERS Applewood Sanitation District Sewer Service Agreement : Attorney Flynn
discussed the revised agreement with the Board.
Following discussion, upon motion duly made by Director Kesler, seconded by
Director Zimmerman, and, upon vote, unanimously carried, the Board approved the
Applewood Sanitation District Sewer Service Agreement.
Moffat Treatment Plant Sewer Flow Meter Replacement: Attorney Flynn and Mr.
Willis discussed with the Board the change in the meter from a manual read meter to
a digital remote read meter and the revised Second Amendment to Intergovernmental
Agreement with the Board of Water Commissioners for the City and County of
Denver.
Following discussion, upon motion duly made by Director Kesler, seconded by
Director Davenport, and, upon vote, unanimously carried, the Board approved the
Second Amendment to Intergovernmental Agreement.
2419 Ward Road Agreement and Variance Request: Attorney Flynn and Mr. Willis
discussed the agreement and variance request for the new construction at 2419 Ward
Road and reported that it had not been finalized and needed to be deferred to the
December meeting.
Sewer Main Relocation Agreement between the District and Jefferson County
School District No. R-1 and the approval of the Amended and Restated Sewer
Main Relocation Agreement between the District and Jefferson County School
District No. R-1: Attorney Flynn discussed the original Agreement with the Board
and the Amended and Restated Agreement. He noted that in December of 2020, the
Board had found the provisions of the original Agreement to be acceptable, but had
not formally approved and signed the original Agreement . The project however,
proceeded in accordance with the terms and provisions of the original Agreement.
Following discussion, upon motion duly made by Director Kesler, seconded by
Director Zimmerman, and, upon vote, unanimously carried, the Board ratifiedapproval
of the Sewer Main Relocation Agreement.
Following further discussion, upon motion duly made by Director Kesler, seconded by
Director Zimmerman, and, upon vote, unanimously carried, the Board approved the
Amended and Restated Sewer Main Relocation Agreement.
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Memo from Collins, Cockrell & Cole, P.C. Regarding the Firm’s Transition:
Attorney Flynn di scussed the transition of the firm into two separate firms and the
transfer of District files.
Following discussion, upon motion duly made by Director Kesler, seconded by
Director Davenport, and, upon vote, unanimously carried, the Board approved the
retention of the services of Attorney Flynn and the new firm of Collins, Cole, Flynn,
Winn & Ulmer, PLLC and the transfer of all District files to the new firm.
Election Resolution: The Board discussed Resolution No. 2021- 11-03; Resolution
Calling a Regular Election for Directors on May 3, 2022, appointing the Designated
Election Official (“DEO”) and authorizing the DEO to perform all tasks required for
the conduct of a mail ballot election.
Following discussion, upon motion duly made by Director Zimmerman, seconded by
Director Kesler and, upon vote, unanimously carried, the Board adopted Resolution
No. 2021-11-03, Resolution Calling a Regular Election for Directors on May 3, 2022,
appointing the DEO and authorizing the DEO to per form all tasks required for the
conduct of a mail ballot election. A copy of the adopted Resolution is attached hereto
and incorporated herein by this reference.
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OPERATIONS
MATTERS
Operations Monthly Report: Mr. Ramey reviewed the monthly report (October 1-
30) 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 engineering report dated
November 16, 2021. A copy of the report is attached hereto and incorporated herein
by this reference.
Mr. Willis also reported that Insituform will begin work on the transmission line with
College Park first so that this will be completed this year. He updated the Board on the
status of the 930 Alkire St. project and that the developer’s contractor will install the
new manhole for an amount not to exceed the quote from T. Lowell. He also discussed
the need for a System-wide Flow Study.
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OTHER BUSINESS Metro Wastewater Update: Director Davenport updated the Board on the board
meetings for Metro Water Recovery District.
Website Up date: Director Fabisiak asked if the website was ADA compliant.
Attorney Flynn and Mr. Beck will work with Mr. Frankland to ensure that the website
is ADA compliant.
December 22, 2021 Regular Meeting : Attorney Flynn and Mr. Beck discussed the
December Meeting with the Board.
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Following discussion, upon motion duly made by Director Kesler, seconded by
Director Zimmerman, and, upon vote, unanimously carried, the Board authorized the
cancellation of the Regular Meeting on December 22, 2021, and rescheduled a Special
Meeting to be held via Zoom at 1:00 PM on Wednesday, December 22, 2021.
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ADJOURNMENT There being no further business to come before the Board at this time, upon motion
duly made by Director Zimmerman, seconded by Director Davenport and, upon vote,
unanimously carried, the meeting was adjourned.
Respectfully submitted,
By __________________________________
Secretary for the Meeting