P R O C E E D I N G S. Present: David W. Lighthart President/Chairman Charles M. Dwyer Treasurer

Transcription

1 MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF BEAR CREEK WATER AND SANITATION DISTRICT, CONVENING ON MONDAY, NOVEMBER 14, 2011, AT 7:00 P.M. AT THE DISTRICT OFFICE, 2517 SOUTH FLOWER STREET, LAKEWOOD, CO, , CHAIRMAN LIGHTHART PRESIDING. CALL TO ORDER AND ROLL CALL Present: David W. Lighthart President/Chairman Charles M. Dwyer Treasurer Barbara J. Coria Director Dale L. Miller Director Excused Absence: Ernest G. Clore Vice-President/Vice-Chairman Also Present: Sandra M. Boster Board Secretary & District Manager Barney J. Fix, P.E., PMP District Engineer, Merrick & Co. Michael D. Boster Legal Counsel ACCEPTANCE OF MINUTES R RESOLVED, upon motion by Treasurer Dwyer, seconded by Director Miller and unanimously carried, that the Minutes of the Regular Meeting held on October 10, 2011, the Minutes of the Continued Meeting of October 24, 2011, and the Minutes of the Continued Meeting held on October 31, 2011, be approved as presented. CALL TO PUBLIC / PUBLIC PRESENTATIONS Public Hearing Proposed Annual Budget for 2012 T DISCUSSION. Notice having been published on October 20, 2011, in the GOLDEN TRANSCRIPT for a Public Hearing at 7:00 p.m. on this date to consider the proposed annual budget for 2012, Chairman Lighthart declared the meeting open to the public. Inasmuch as no written comments favoring or opposing the proposed budget were received prior to the hearing and there were no members of the public present at the hearing, Chairman Lighthart declared the public hearing closed. OLD BUSINESS Ratify Resolution No. R Certifying Delinquent Utility Accounts for Collection R RESOLVED, upon motion by Director Miller, seconded by Treasurer Dwyer and unanimously carried, that Resolution No. R , certifying delinquent sanitary sewer utility accounts to the Jefferson County Treasurer for collection in 2012, be and is hereby ratified. Preceding this action, District Manager Boster reported that to meet the filing deadline to certify delinquent balances on Sanitary Sewer Utility accounts to Jefferson County for collection along with property taxes in 2012, Chairman Lighthart signed the Resolution on October 31, This certification, which is authorized by C.R.S (1)(e), results in a lien against the property being served sanitary sewer service. Upon receipt of the delinquent amounts from Jefferson County, the District releases the liens. DISTRICT ENGINEER S REPORT The District Engineer presented his report of activities for October 2011, a copy of which is attached hereto and made a part of the record.

2 MINUTES, NOVEMBER 14, 2011 PAGE Field Operations and Maintenance Manual T DISCUSSION. District Engineer Fix presented the 2012 Public Water and Sanitary Sewer Field Operations and Maintenance (O&M) Manual for review. Relocation of 18-Inch Valves in Hampden Frontage Road R RESOLVED, upon motion by Treasurer Dwyer, seconded by Director Coria and unanimously carried, that C&L Water Solutions, Inc., be authorized to proceed with the replacement of the 18-inch valve in the vicinity of South Wadsworth Boulevard and the West Hampden Avenue service road under Schedule III, Part 4, of the Field Operations and Maintenance Contract for $52,785. FURTHER RESOLVED, that the District Manager be authorized to sign change orders in an aggregate amount not to exceed ten percent (10%) of the contract amount. Preceding this action, District Engineer Fix reported that C&L Water Solutions, Inc. had provided new pricing of $52,785 for replacement of the 18-inch valve in the vicinity of South Wadsworth Boulevard and the West Hampden Avenue service Road and $58,235 for replacement of the 18-inch valve in the vicinity of South Carr Street and the West Hampden Avenue service Road, for a total of $111,020 for the capital project which was included in the 2011 Field O&M contract. Upon question by Director Miller if the old valve would be removed or abandoned, District Engineer Fix replied that the valve will be abandoned in place, left open, and marked No Longer in Service. Removal of the valve would entail excavating the entire area, installing a section of pipe and removing the vault which could cost an additional $20,000 to $30,000. A rainguard with a No Longer in Service note on it could be installed on the inside of the manhole cover of the vault to prevent anyone from operating the valve. Proposal to Charge Property Owners for Inspections of Service Lines C CONCURRENCE. The Directors concurred that further study would be necessary to determine whether to charge property owners for more than one inspection of service line repairs during business hours or for more time-consuming inspections of service lines during business hours. Preceding this concurrence, District Engineer Fix reported that to follow up the discussion at the Budget Committee Meeting, the issue of inspections of private service lines was researched. In 2009, 12 sanitary sewer service repairs were observed at an average fee of $275 and one at $775. In 2010, 14 sanitary sewer service repairs were observed at an average fee of $292 and two were $689 and $1,005. To date in 2011, 15 sanitary sewer service repairs have been observed at an average fee of $352 and one at $876. Mr. Fix added that he foresees more and more repairs of services and suggested that the District bill the property owners for inspections that require extra time or extra trips. At present, the Board s policy is to provide inspections of service line repairs at no charge within regular working hours and to charge property owners the actual costs of such services that are rendered after hours. Acceptance of the District Engineer s Report R RESOLVED, upon motion by Treasurer Dwyer, seconded by Director Coria and unanimously carried, that the District Engineer s Report be accepted.

3 MINUTES, NOVEMBER 14, 2011 PAGE 3 TREASURER S REPORT Approval of Payment of Invoices and Payroll R RESOLVED, upon motion by Director Miller, seconded by Treasurer Dwyer and unanimously carried, that invoices and payroll presented for approval in the amount of $223, be approved. A list is attached hereto and made a part of the record. Preceding this action, Treasurer Dwyer reported that upon review of the payment requests, they were found to be in order for approval by the Board. Accept Treasurer's Report R RESOLVED, upon motion by Director Coria, seconded by Director Miller and unanimously carried that the Treasurer's Report, based on unaudited financial reports for October 31, 2011, be accepted as presented. A copy is attached hereto and made a part of the record. Presentation of the Third Draft of the Proposed Annual Budget for 2012 C CONCURRENCE. The Directors concurred that the Second Draft of the Proposed Annual Budget for 2012 be acknowledged as presented by Budget Officer Sandra Boster. Changes requested by the Budget Committee at their meeting held on October 31, 2011, were incorporated into the Third Draft of the Proposed Annual Budget for 2012, a copy of which is attached hereto and made a part of the record. LEGAL COUNSEL S REPORT Filing of Oath of Office for Barbara J. Coria T DISCUSSION. Legal Counsel Boster reported that the Oath of Office taken by Mrs. Barbara J. Coria at the October 10, 2011, Board Meeting, was filed with the District Court of Jefferson County and with the Colorado Division of Local Affairs, Department of Local Government. Update on Distributor TAC Dispute with Denver Water 2012 Rate Increase T DISCUSSION. Legal Counsel Boster reported that in response to Denver Water s 5.5 percent across-the-board rate increase for 2012, the Denver Water Distributors Technical Advisory Committee (TAC) arranged meetings with the Distributors attorneys to discuss legal ramifications of Denver s changing rate models when the water service agreements state that rates are to be based on cost of service. The cost-of-service model in effect for over twenty years presents a problem for Denver in that customers inside Denver would be paying higher rates than the outside-city customers. Attorneys Tim Flynn of the Collins Cockrel Cole law firm and Ed Icenogle of Icenogle Seaver Pogue law firm, will schedule a meeting with Denver Water Attorney Patti Wells to discuss legal issues. The Distributors attorneys may meet with Hubert Farbes of the Brownstein Hyatt Farber Schreck law firm. Mr. Farbes as a former two-term member and President of the Denver Board of Water Commissioners may offer informed insight into the situation. Denver Water staff members have agreed to work with TAC members and their consultant, Red Oak Consulting, to review alternative ratemaking methods and develop a new rate model.

4 MINUTES, NOVEMBER 14, 2011 PAGE 4 DISTRICT MANAGER S REPORT District Manager Boster presented the report of activities for October 2011, a copy of which is attached hereto and made a part of the record. District Manager s Vacation Accounting Administrator Available T DISCUSSION. District Manager Boster reported that she would be at the CGFOA Conference November 15-18, 2011, and then on vacation through December 2, In her absence, the Directors agreed that Accounting Administrator Walker could be appointed Acting Secretary to the Board if there were any urgent business requiring Board action. DIRECTORS REPORTS Decline Insurance for Replacement of Public Water and Sanitary Sewer Systems R RESOLVED, upon motion by Treasurer Dwyer, seconded by Director Miller and unanimously carried that given the amount and probability of loss, the Colorado Special Districts Property and Liability Pool s premium quote of $33,170 for the replacement of the public water and sanitary sewer lines and appurtenances thereto, be declined. Authorize Liability Insurance Endorsement for Sanitation Maintenance Warranty R RESOLVED, upon motion by Treasurer Dwyer, seconded by Director Coria and unanimously carried, that Treasurer Dwyer, as Chairman of the District s Insurance Committee, be authorized to sign the Liability Insurance Endorsement for Sanitation Maintenance Warranty. Preceding this action, District Manager Boster reported that the District currently participates in the Colorado Special District Property & Liability Pool s Sanitation Maintenance Warranty Deductible program and receives a 25% discount on premiums for sanitation coverage. To remain eligible for the program, a Board Member must review and accept the Terms and Conditions of the Sanitation Maintenance Warranty Deductible Endorsement annually. Discount on Liability Insurance for Attending Online University Courses T DISCUSSION. Treasurer Dwyer, Chairman of the District s Insurance Committee, stated that if 80 percent of the employees and board members took one of the seven free courses per year, the District would qualify for 5% reduction in General Liability contributions by utilizing the CSD Pool Online University. Updating of Rules and Regulations D DIRECTIVE. During the discussion about charging property owners for inspection of service line repairs, the Directors agreed that the District s Rules and Regulations need to be updated to clearly state the District s right to inspect service lines and to charge for the service if inspections are made after business hours or require extra time or extra trips. District Manager Boster stated that there are other changes that are needed in the revamping of the Rules and Regulations and Fee Schedule. The Directors asked to begin the review of revisions in January 2012.

5 MINUTES, NOVEMBER 14, 2011 PAGE 5 Licensed Contractor Requirements to be Reviewed T DISCUSSION. Treasurer Dwyer, Chairman of the District s Insurance Committee, stated that he did not believe Workers Compensation Insurance need be required of contractors licensing with the District to install or repair water or sanitary sewer lines or services. The requirements for licensing will be reviewed along with other updates to the District s Rules and Regulations in Consider Tier 1 Membership in UNCC T DISCUSSION. Chairman Lighthart suggested that the District consider a Tier 1 membership in the Utility Notification Center of Colorado. The Tier 1 members pay a fee for each ticket for locate requests received by the UNCC Colorado 811 call center. UNCC advises callers requesting locates within a Tier 2 member s service area to call that member directly for locates and there are no charges billed to the Tier 2 member. District Manager Boster stated that the District did a Tier 1 trial run in the past and found that only a fraction of the calls were received compared to the tickets from UNCC, which meant that many calls for locates were missed. Also, processing the locate tickets received took a significant number of additional work hours. District Manager Boster will provide more information to the Board at the December 12, 2011, Board Meeting. COMMUNICATIONS Communications from the preceding month were presented, a list of which is attached hereto and made a part of the record. ADJOURNMENT R RESOLVED, upon motion by Director Miller, seconded by Director Coria and unanimously carried that the meeting be adjourned. David W. Lighthart, President/Chairman Charles M. Dwyer, Treasurer Barbara J. Coria, Director Dale L. Miller, Director Attest:. Excused Absence.. Ernest G. Clore, Vice-President/Vice-Chairman Sandra M. Boster, District Manager Secretary, Board of Directors S e a l