Members Present: The following Directors were present and acting:
- Ron Krall, President
- Gary Osteen, Vice President
- Brock Knez
- Ash Lesniak (absent)
- Dusty Atkinson
Assistant District Manager:
- Kasey O’Halloran (absent)
- Jodi Lightfoot
- Mary Andre, CDC Engineering
- Melinda Sherman, Sharp, Steinke, Sherman & Engle
Call to Order: The Regular Meeting of the Board of Directors of Timbers Water & Sanitation District was called to order by President Ron Krall on July 10, 2017 at 5:45 pm, noting a quorum was present.
Minutes: The Board reviewed the regular meeting minutes of the June, 2017 meeting. Upon motion duly made and unanimously, it was
RESOLVED to approve the meeting minutes.
Financials: The June 2017 financial statements were reviewed. Upon motion duly and unanimously, it was
RESOLVED to approve the financials.
Invoices: Invoices for June 2017 were reviewed. Upon motion duly made and unanimously, it was
RESOLVED to approve payment of the open invoices.
Transfer of funds from TWSD to TWSWA Enterprise:
Water Tank Project: The tank is in Denver and Jodi will call tomorrow to get a firm delivery date. It is anticipated to be installed on the 13th and the permanent tank work is scheduled to begin on the 15th.
Wastewater Treatment Plant:
Discharge Permit Modification –The decision on the discharge permit has been received. Board members and CDC had a teleconference with CDPHE to learn the key things that are problematic. Randy did not receive the request to extend the date for the site application making Timbers in immediate violation. Timbers needs to submit a new modification plan with updated, extended dating. This should show completion by 2019 and completion of design by February of 2018.
Location – Mary presented a map showing the scenario if TWSD does not acquire the Galvin sliver of land but still use the upper site. It would increase the cost by roughly $200,000. Condemnation is an option and would be less than $200,000. It would include two appraisal fees, legal fees, and an immediate possession hearing. The process can start faster than 90 days but Timbers will have to have an immediate possession hearing. Mary suggested a land swap with Ron’s land to keep the total acreage same. The next steps are to send a letter, appraisal, legal description and apply for immediate possession. From there it will controlled by the court’s schedule. Gary will make a phone call to Galvin by end of day tomorrow to request the land. After that, the possession process will need to start by the end of the week. (Action – Gary)
Timing – Mary distributed a project schedule. Ron instructed Mary to march forward with dating as follows:
Site application by August 30
PDR by November 15th
Final Plans and Specs by Feb 15, 2018
CDPHE review – Timing is not quick enough to meet Timber’s schedule so CDPHE is considering a “mutual consent enforcement order”. This would put Timbers on a priority schedule, but would require a fine. Ron asked if the enforcement would guarantee a timely review from CDPHE and if so, Timbers would consider paying the fine. Timbers decision is to send submittals and design the best plant we can. CDPHE feels they have been very lenient and Timber has not yet completed the project. Ron instructed Mary to submit an amended schedule, send a one page document and request a prompt review. Dusty suggested adding a comment stating a timely response from CDPHE is required to move forward. Jodi asked for an estimate of the Advantex at the upper site, a bare bones cost for the SBR, and O&M costs for each annually and over 30 years. Ron asked that Jodi receive this by end of the week. (Action – Mary)
Fish study – The study will be done by mid August. Temperature is the issue. The study has to prove what fish are available in the mixing zone. Dusty asked for a cost breakout. Ashley will provide with a detailed quote. (Action – Ashley)
Mechanisms of Paying for Indebtedness for WWTF – TWSD intended to only tax those with sanitation services but was instructed we couldn’t do that. Melinda is questioning the opinion and will address this topic with Larry who believes that is unconstitutional. This needs to be resolved so the District can move forward. (Action – Melinda)
Zirkel Wireless Contract:
Melinda researched to find other zirkel agreements. Melinda thinks there is one with the Sheraton. She was going to research that one before contacting Zirkel. She has not contacted Zirkel yet. (Action – Melinda)
Past due fees: Melinda prepared an updated lien for Galvin and has asked Kasey to finalize the numbers. (ACTION – Kasey)
With business concluded and upon motion duly and unanimously approved, it was
RESOLVED to adjourn the regular meeting the Timbers Water & Sanitation District Board of Directors at 7:45 pm, this 10th day of July 2017.
Assistant District Manager
Timbers Water and Sanitation District