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 SEPTEMBER 23, 2020
Due to the COVID19 pandemic, the regular monthly 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”) convened, by telephone
conference call on Wednesday, September 23, 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
Jim Zimmerman Cici Kesler
George C. 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 Walt
Frankland; the District’s website consultant Dawn Schilling; Schilling and Associates
ADMINISTRATIVE MATTERS
Minutes: The Board reviewed the minutes of the August 26, 2020, Regular Meeting.
Following discussion, upon motion duly made by Director Fabisiak, seconded by Director
Davenport, and upon vote, unanimously carried, the minutes of the August 26, 2020 Regular Meeting
were approved, as presented.
RECORD OF PROCEEDINGS
PUBLIC There were no public comments.
COMMENTS
FINANCIAL MATTERS
Claims: Mr. Beck reported to the Board that the claims statement has been revised to include any
additional invoices received from Martin/Martin and Diamond Contracting. The Board
considered approval and ratification of the revised payment of claims through the period ending
September 23, 2020, as follows:
General Fund $ 15,452.62
Enterprise Fund $ 98,597.14
Total $ 114,817.16
Following discussion, upon motion duly made by Director Davenport, seconded by Director Kesler and,
upon vote, unanimously carried, the Board approved the revised payment of claims for the period
ending September 23, 2020.
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 August 31, 2020, the schedule of cash position dated August
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 Fabisiak, 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 August 31, 2020, and the schedule of cash position dated August 31, 2020, as
presented.
Consider approval of the 2019 Audit: Ms. Schilling discussed with the Board the 2019 audit. She
noted that the Audit Report contained a clean or unmodified opinion meaning that in Shilling &
Company’s opinion, the District’s financial statements presented fairly in all material
respects the financial condition of the District as of December 31, 2019, and for the year
then ended.
Following discussion, upon motion duly made by Director Kesler, seconded by Director
Davenport, and, upon vote, unanimously carried, the Board accepted the audited financial
statements of the District as of December 31, 2019 and authorized the execution, signing and
filing of the Management Representation Letter by Director Dursey and Mr. Beck.
Confirmation of Hearing Date for Certifying Delinquent Accounts. Mr. Beck and Attorney Flynn
discussed the delinquent accounts with the Board. It was noted that the letter to the customers
whose accounts are delinquent states that October 28, 2020 is
RECORD OF PROCEEDINGS
the date the Court will conduct a public hearing and consider certifying those
delinquent accounts for collection by the Jefferson County Treasurer with the 2020 real property
taxes. Following a brief discussion, the Board confirmed that this date is an appropriate date to
conduct the hearing. Attorney Flynn will prepare the appropriate Resolution to certify the
delinquent accounts for collection.
Wells Fargo Safe Deposit Box: Mr. Beck updated the Board on the status of the safe deposit box and
the effort to open and then close the box.
LEGAL MATTERS Update on 930 Alkire Street Easement: Attorney Flynn, Mr. Willis and Mr. Beck
discussed with the Board the pending and/or completed sale of the property owned by the Willbanks’
Family Trust at 930 Alkire Street. The property has been divided into two lots and one of the lots
is closed. The owner of the lot that has closed originally thought he would demolish the garages,
but now has indicated he will not. He provided Mr. Flynn with an improvement survey plat that
shows potentially enough room to relocate the sewer line behind the garage structures. This
information has either been or is in the process of being communicated to Martin/Martin so they can
evaluate it for consideration by the Board.
The discussions on the other property have been suspended pending closing of the
transaction. It is a different buyer than the one that purchased 930 Alkire.
Third Restated and Amended Sewer Service Agreement with Applewood Sanitation
District: Attorney Flynn reported to the Board that the legal counsel for Applewood Sanitation
District has been contacted and that he was in the process of scheduling a meeting to discuss the
proposed changes to the agreement between the Districts.
Update on the Amanda Weaver Project Cost Allocation: Attorney Flynn, Mr. Ramey and Mr.
Willis discussed with the Board the finalization of the bridge and access project with Ms. Weaver
and Westridge Sanitation and the 50/50 cost share portions with Westridge Sanitation District as
agreed between the Districts. It was noted that some additional improvements needed to be
provided by the Westridge Sanitation District to accommodate the heavy equipment that
Ramey Environmental uses to access the sewer lines. Westridge is in the process of arranging
for that work to be done. Westridge will pay for that work. Once that is done, it is believed
that the costs shared by the two Districts for this improvement will be close to 50/50.
November Ballot Issues: Attorney Flynn discussed the proposed amendment to eliminate the
Gallagher Amendment and the potential effects on the District.
RECORD OF PROCEEDINGS
OPERATIONS MATTERS
Operations Monthly Report: Mr. Ramey reviewed the monthly report (August 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
September 23, 2020. A copy of the report is attached hereto and incorporated herein by this
reference.
Mr. Willis discussed the invoice from Diamond Contracting for excess downtime costs in the amount
of $1,535.00 incurred on the emergency repair project on W 32ⁿᵈ Avenue due to Xcel Energy not
marking a line that was severed.
Following discussion, upon motion duly made by Director Fabisiak, seconded by Director
Davenport, and, upon vote, unanimously carried, the Board approved the invoice for
additional downtime costs, in the amount of $1,535.00.
Mr. Willis discussed the proposed 2020 CIP which has Category 3 costs estimated to be approximately
$2.1M. He will send to the Board the proposed projects and plan for review and discussion at the
October meeting. The 2020 budgeted amount for capital projects is $1.5M.
OTHER BUSINESS Website Upgrade: Mr. Frankland reported on the status of the
District’s website updates and activities.
ADJOURNMENT There being no further business to come before the Board at this time, upon
motion duly made by Director Kesler, seconded by Director Davenport and, upon vote,
unanimously carried, the meeting was adjourned.
Respectfully submitted,
By Secretary for the Meeting
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