HomeMy WebLinkAbout2010-11-09 WSB MINUTES•
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WATER AND SEWER BOARD
MINUTES
November 9, 2010
The meeting was called to order at 5:04 p.m.
Members present:
Members absent:
Also present:
Cassidy, Wiggins , Woodward, Olson
Habenicht, Higday, McCaslin, Clark
Burns
Stewart Fonda, Director of Utilities
1. MINUTES OF THE OCTOBER 12, 2010 MEETING.
The Englewood Water and Sewer Board received the minutes of the October 12, 2010
meeting.
Mr. Higday moved;
Mr. Habenicht seconded:
Ayes:
Nays:
Abstain:
Absent:
Motion carried.
Mr. Burns entered at-5:10 p.m .
To approve the minutes of the October 12 ,
2010 as amended.
Cassidy, Wiggins, Woodward, Olson,
Habenicht, Higday, McCaslin
None
Clark
Burns
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2. BOREAS PASS DITCH
The U.S. Department of Agriculture -Forest Service, submitted a Special Use Permit for
the continued operation and maintenance of the Boreas Ditch #2. This allows the Boreas
Ditch #2 to cross the White River Forest in the Dillon Ranger District. The existing 30-
year permit has expired and this permit would be for an additional 30 years. An annual
fee of $210.92 is assessed for a 25' right-of-way for 1.48 miles. Englewood received
approximately 250 acre feet ofraw water per year from this ditch. The City Attorney's
office reviewed and approved the Special Use Permit. A modification to the Forest
Service indemnity clause was added by the City Attorney and accepted by the Forest
Service.
Mr. Habenicht moved;
Mr. Higday seconded:
Ayes:
Nays:
Absent:
Motion carried .
To recommend Council approval of the
U.S. Department of Agriculture Forest
Service Special Use Permit for Boreas Ditch
#2.
Cassidy, Wiggins, Woodward, Olson,
Habenicht, Higday, McCaslin, Bums, Clark
None
None
3. ADMINISTRATNE COMPLIANCE ORDER APPEAL -CHIPOLTE -333 W .
HAMPDEN -FRANK BRANDSE
An executive session was called to address the Administrative Compliance Order Appeal
from Frank Brandse of Pro GTS regarding an overflow incident caused by the Chipolte
Restaurant at the Chase Bank Building at 333 W. Hampden Ave.
Present was Frank Brandse of Pro GTS , Jon Bridges and Harold Sheel of the Industrial
Pretreatment Division of the Littleton Englewood Wastewater Treatment Plant, Kevin
Ferris, representative of Clifford Wynberger, owner of building and the building
management company, Situs Enterprises and Tom Brennan, City of Englewood OUtilities
Manager .
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Mr. Frank Brandse of Pro GTS was sworn in to testify. Mr. Brandse was charged with
knowingly and willingly discharging liquid waste from his tanker into the City's
interceptor. Mr. Brandse reviewed the background behind the overflow incident and
distributed pictures showing the fat, oil and grease (FOG) interceptor process. He noted
that two employees were on site. One employee inside was using the portable jetter,
cleaning the line using high pressure water and the other was outside using a truck-
mountedjetter. Tom Brennan questioned the procedure that was used. As a result,
wastewater backed up in the basement because of the blockage. The grease interceptor
was not emptied before flushing. The flushing operation was stopped as soon as it was
discovered that the interceptor was backing up into the basement. PRO GTS performed
no immediate mitigation because Mr. Ferris told them to leave. Situs called a restoration
service for cleanup and billed Chipolte for $7,200. Pro GTS reimbursed Chipolte. Mr.
Brandse's insurance company cut him a check for the amount.
Ms. Arnold had requested an equipment inspection, which was arranged with Mr.
Brandse. Mr. Bridges and Mr. Sheel of the Industrial Pretreatment Division met with Mr.
Brandse, but he refused to cooperate after discovering that they did not have a
predetermined check-off sheet or an interview questionnaire. He believed they were
looking for evidence to use against him.
Mr. Brandse refuted using the non-compliance charge and fine because he stated the
charges were dismissed October 12, 2010, Case #10M2236. He had been charged with
dumping water from a construction site in an unauthorized area. Mr. Cassidy noted the
Sherriffs report was not signed or properly filled out.
Linda Olson asked about precautions taken when going into a new place for cleaning.
Brandse said this was the first time they used two jetters at the same time and because of
this incident, they now vacuum first and start the jetters on low. Cassidy asked if a there
is a government document stating the acknowledged proper procedure or best practices.
Mr. Brandse and Mr. Bridges were not aware of such a document
Mr. Kevin Ferris of Situs Property Management at 333 W. Hampden Ave. was sworn in.
Mr. Ferris acknowledged that he ordered Pro GTS to stop. Mr. Ferris noted that Situs has
a strong preventative plumbing maintenance program and they contract out to have the
lines cleaned every 3 -4 months. The backup encompassed approximately 1" in the
building basement over a 2,000 square foot area.
Jonathan Bridges of the Industrial Pretreatment Division was sworn in. Mr. Bridges
explained how the Pretreatment Division regulates discharges that cause problems at the
treatment plant, including fats, grease and oil from restaurants . Mr. Bridges distributed a
schematic of an interceptor system .
Mr. Bridges discussed the Enforcement Respond Plan which states that the fine can be
increased or decreased depending on circumstances. During the investigation, Ms.
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Arnold considered what Pro GT's business practices were, the prior history, which was
dismissed, and if Mr. Brandse's actions caused harm to property.
Tom Bums asked what the fine would be without a history of noncompliance. Mr.
Bridges stated that if there was no history of noncompliance the base fine would be
$2,000. Mr. Cassidy asked ifthere was evidence of waste being pushed into the
interceptor and the sewer system. He noted that instead of inspecting every 6 months,
City had only inspected every 9 months. To be compliant, a restaurant is required to have
a 3 year history of records on site, but a normal inspection does not include a records
review. All percentages were under the 25% pumping rule and in compliance, so a more
extensive inspection was not necessary. The interceptor is designed to slow flow down so
solids and grease can separate out. If excess water is introduced into the system, it will
short circuit the system. This is why interceptor should have been pumped first.
Harold Sheel of the Industrial Pretreatment Division, noted that the interceptor should
always be pumped out first and discussed how a pumping operation should be conducted.
According to policy Chipolte is responsible for pumping.
Jim Higday moved to close meeting. Mr. Wiggins seconded.
Linda Olson noted that further discussion and questions were necessary .
Ayes:
Nays:
Motion defeated.
Higday moved:
Motion was not seconded.
Motion died.
Jim Higday moved:
Wiggins seconded:
Ayes:
Higday, Wiggins
Cassidy, Woodward, Olson, Habenicht, McCaslin,
Clark, Bums
That the original recommended fine stand.
To close the hearing and make a
determination of fine.
Cassidy, Wiggins, Woodward, Olson,
Habenicht, Higday, McCaslin, Bums, Clark
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Nays : None
Absent: None
Motion carried .
Mr. Clark discussed lowering the fine , but not eliminating it because there was a
discharge. Stu discussed the Memorandum from Pam Arnold dated September 23, 2010
noting that the , "major history of noncompliance," category calls for a minimum penalty
of $3,000 . The other option would be to consider it from the , "minor history of
noncompliance" category that calls for a minimum penalty of $2,500, if the Board
believes the history is a minor offense. If the history of a major noncompliance penalty is
removed, it would result in a $2 ,000 fine.
Clark moved :
to $2,000.
Habenicht seconded:
That because there was not a history of non
compliance, the level of the fine be lowered
Further discussion regarding the motion ensued .
Cassidy stated that Chipolte 's inspection records were not in compliance, and the
interceptor may have been already over capacity, which could have contributed to the
backup . He does not believe that Mr. Brandse willfully or maliciously discharged into the
interceptor. Mr. Cassidy recommended that he not be fmed, or if fined, suspend the fine
for one year as incentive to comply with proper procedure.
Mr. Clark stated that believes damages were caused by not pumping the system out.
Wiggins noted having two pumpers working also contributed.
Ayes:
Nays:
Absent:
Motion carried .
Cassidy, Wiggins, Woodward, Olson,
Habenicht, Higday, Mccaslin, Burns, Clark
None
None
The above hearing was recorded. Copies of the tapes are available for a fee .
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4. GRANT OF EASEMENT FOR ENGLEWOOD ACRES .
Timothy and Nancy Baker submitted a Grant of Easement to Distinctive Builders for a
10' utilities easement to service the future Englewood Acres development. The 10'
easement is to provide space for a City water main for the proposed Habitat for Humanity
Development.
Mr. Burns moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Absent:
Motion carried.
To recommend Council approval of the
Grant of Easement to Distinctive Builders
for a 10' utilities easement for a water main
at 1294 W. Quincy Ave. from Timothy and
Nancy Baker.
Cassidy, Wiggins , Woodward, Olson,
Habenicht, Higday, McCaslin, Clark, Burns
None
None
5. WATER RIGHTS UPDATE FROM DAVID HILL DATED OCTOBER 8,
2010 .
The Board received an update from Mr. David Hill dated October 8, 2010 on
developments in water litigation cases in which Englewood is involved.
The meeting adjourned at 7 :10 p.m.
The next Englewood Water Board meeting will be January 11, 2010 in the Community
Development Conference Room
Respectfully submitted,
/s/ Cathy Burrage
Recording Secretary