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HomeMy WebLinkAbout2009-06-09 WSB AGENDAWATER& SEWER BOARD AGENDA Tuesday, June 9, 2009 5:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE MAY 12 , 2009 MEETING . (ATT . 1) 2. DELINQUENTS ACCOUNTS FROM THE ENGLEWOOD POST OFFICES. (ATT . 2) 3. WASTEWATER MAINTENANCED AGREEMENT . (ATT. 3) 4 . WATER RIGHTS UPDATE FROM DAVID HILL DATED MAY 5, 2009. (ATT . 4) 5 ARTICLE FROM JUNEAU EMPIRE DATED MAY 26, 2009, "WHAT NOT TO FLUSH." (ATT. 5) 6. OTHER. WATER AND SEWER BOARD MINUTES May 12, 2009 The meeting was called to order at 5:03 p.m. Members present: Members absent: Also present: Bums, Clark, Moore, Cassidy, Wiggins, Woodward, Habenicht, Higday, Oakley None Stewart Fonda, Director of Utilities John Bock, Utilities Administration Manager 1. MINUTES OF THE MARCH 10 , 2009 MEETJNG. The Englewood Water and Sewer Board received a copy of the minutes of the April 14, 2009 meeting and the phone vote of April 22, 2009 approving the minutes. 2 . GUEST : JANE JORDON -1020 E . BATES PKWY. Ms. Jane Jordon of 1020 E . Bates Pkwy. appeared to appeal the existing sanitary sewer backup remediation policy. Ms. Jordon discussed her neighbor's sewer back up situation where a back up occurred at the time of the collection crew's sewer maintenance cleaning. She also requested that a policy be implemented where the surrounding residents are notified immediately of a sewer backup at the main. Mr. Fonda noted that because of security reasons, residents could be notified the following day business day, within 24 hours. Mr. Bock said that after a sewer back-up incident he could send a tech to surrounding residences and hang tags with a notification of the main back up. Response times by Belfor Restoration and City personnel were discussed. Ms. Jordon also discussed the fact that drywall cuts were not repaired after the clean-up. Mr. Bock noted that drywall cuts are made to allow a more thorough clean-up, to provide air circulation and to prevent mold. Mr. Fonda stated that the drywall cannot be left wet due to health risks . The Board discussed cleanup as opposed to restoration and monetary reimbursement limits. The Board recommended that an article be put in the Citizen or the Pipeline encouraging residents to make sure that they are insured sufficiently for such occurrences. Mr. Bock noted that an article will be appearing in the June Pipeline. Mr. Bock told Ms. Jordon that a check is forthcoming for a $50 reimbursement for the rug . Chairman Gray thanked Ms. Jordon for appearing before the Board and presenting her concerns. The Board will discuss the clean up as opposed to restoration policy in the case of a City main sewer back-up at a future meeting. 3. WASTEWATER MAINTENANCE AGREEMENT The purpose of the Wastewater Collection System Maintenance Agreement is to provide a uniform maintenance agreement for all sanitation districts for whom Englewood elects to provide these services. The proposed Wastewater System Maintenance Agreement states that Englewood will provide wastewater collection system maintenance in a designated sanitation district in exchange for an annual fee. Routine maintenance charges shall be divided among the customers in each sewer service area and included in their annual sewer billing. Englewood would also respond to requests to locate sewer mains in the collection system. The sanitation district conveys to Englewood a license, but not ownership, over the wastewater collections facilities. Englewood will provide routine and non-routine maintenance, repair and replacement services. Routine flushing and cleaning shall not exceed depths in excess of 10' and lengths longer than 10'. Non-routine repairs would include point repairs deeper and longer than 1 O', excessive ground water and excessive slope or vegetation. The City will annually clean and inspect all maintenance area lines, respond to all emergency calls and take corrective action, locate district lines and answer inquires concerning sanitary sewer service. Customers in the sanitation districts shall have additional fees added to their existing wastewater treatment bills to cover the cost of providing this maintenance service. The amount added for normal, routine flushing and maintenance services shall be at the same rate that Englewood charges for normal, routine flushing and cleaning within the Englewood Wastewater Collection area. The cost of nonroutine repairs shall be charged directly to and paid by the sanitation district as a separate item. This is an informational item only. The final version will be discussed at a future meeting. Chuck Habenicht excused himself at 6:00 p.m. 4 . ECONOMIC STIMULUS MONEY. Mr. Fonda related experiences and results that other municipalities have had applying for the Economic Stimulus money. A general discussion ensued about the conditions of the Economic Stimulus Plan and municipalities that would benefit. Stu discussed ongoing City budget concerns and noted that a 5% reduction in the Utilities' budget would indefinitely delay capital projects. Mr. Woodward commented that delayed projects could cost more when constructed later. 5. DELINQUENT WATER BILL AT ENGLEWOOD POST OFFICES . Stu distributed a memo dated May 11, 2009 regarding delinquent accounts at post offices located in the City of Englewood. The memo notes that both U.S . Postal Service facilities within the City of Englewood 's water and sewer service area are far in arrears on their water and sewer bill payments . The Post Office at 3303 S. Broadway has made no payments since September 16 , 2008 and is $1,148.34 past due. The Post Office at 925 W. Lehigh Ave. has made no payments since May 9, 2008 and is $1,609.05 past due. Their accounts payable division has issues with our bills in that they will not pay bills with service dates in advance (sewer, storm water and concrete are charged in advance) and they are claiming to be exempt from the concrete utility and storm water fees. It was noted to the Board that the Post Office in Centennial, which is also billed in advance for sewer, has paid on time. The City Attorney's office has responded to their issues stating that, according to Colorado law, both the stormwater and concrete fees are permissible, but they have the option of opting out of the concrete Utility Program. To date there has been no resolution. The Board directed John Bock to work with the City Attorney's office to send a final letter to the Postal Service, warning them of impending disconnection of water service. The next Englewood Water and Sewer Board will be held Tuesday, June 9, 2009 at 5:00 p.m. at the Community Development Conference Room. Respectfully submitted, Lori Faires Acting Recording Secretary MEMORANDUM From: John Bock, Utilities Manager of Administration fl _ To: Stu Fonda, Utilities Department Director Y Date: May 11, 2009 Subject: Delinquent Water Bill at the Postal Service I\ TT<> 2 Both of the US Postal Service facilities within the City of Englewood's water and sewer service area are far in arrears on their utility bill payments. The Post Office at 3303 S. Broadway has made no payments since September 16, 2008, and is presently $1, 156.94 past due. The Post Office at 925 W. Lehigh Ave. has made no payments since May 9, 2008 and is presently $1,615.07 past due. They raised the issues that their billing system will not pay bills with service dates in the future (sewer, storm water and concrete are charged in advanced) and that they were exempt from paying the concrete utility and storm water fees. Dan Brotzman responded to their issue with the storm water and concrete fees (letter attached). John spoke with their accounts payable representative about the date issue. To date there has been no resolution. Created Date/Time: 06/02/2009 10:31 : 19 AM Customer Number: 00030982 Account Number: 36670022212 Service Address : 2221 E ARAPAHOE RD Mailing Address : U S POST OFFICE SOUTHGLENN BRANCH 2221 E ARAPAHOE RD CENTENNIAL CO 80122-1505 Customer/Account Transaction History Trans Date Transaction Amount Balance 5/12/2009 0:00 Sewer Charqe Recover 09 rates $131 .19 $131.19 12/18/2008 0 :00 Payment ($2 ,886 .58) $0.00 12/1/2008 0:00 Cycle Billing Due: 01/15/2009 $2 ,886.58 $2 ,886 .58 12/18/2007 0 :00 Payment ($2 ,860 .70) $0 .00 12/1/2007 0:00 Cycle Billing Due: 01/15/2008 $2 ,860 .70 $2,860.70 12/19/2006 0:00 Payment ($2 ,566 .19) $0.00 12/1/2006 0:00 Cycle Billing Due: 01/15/2007 $2,566 .19 $2,566.19 12/20/2005 0:00 Payment {$2 ,299 .16) $0 .00 12/1/200p 0:00 Cycle Billi ng Due: 01/15/2006 $2,299.16 $2,299 .16 12/20/2004 0:00 Payment ($1 ,999.37) $0 .00 12/3/2004 0:00 Regular Billing -IBA $1.02 $1 ,999 .37 12/3/2004 0 :00 Regular Billing -Sani Dist $822 .85 $1,998.35 12/3/2004 0:00 Regular Billing -Sewer $1 ,175.50 $1,175.50 12/16/2003 0:00 Payment -Sanitation District {$690 .11) $0.00 12/16/2003 0:00 Payment -Sewer ($1 ,022 .39) $690 .11 12/3/2003 0:00 Regular Billing -Sani Dist $690.11 $1 ,712 .50 12/3/2003 0:00 Regular Billing -Sewer $1,022.39 $1,022.39 12/27/2002 0:00 Payment -Sanitation District {$581.22) $0 .00 12/27 /2002 0:00 Payment -Sewer ($749 .00) $581.22 12/3/2002 0:00 Regular Billing -Sani Dist $581.22 $1,330 .22 12/3/2002 0:00 Regular Billing -Sewer $749.00 $749 .00 c T y 0 0 F F I C E 0 F Rozann M. Heininger, Esq. United States Postal Service Law Department P.O. Box 6640 St. Louis, MO. 63141-0640 {' F E N G T H E c T y November 17, 2008 REGARDING: Concerning your letter of October 29, 2008. L E w 0 0 A T T 0 R N E y Thank you for the citations in your letter. The Judge in City of Cincinnati v. United States, 153 F.3d 1375 (Fed. Cir. 1998), concluded that there may be some instances in which a municipal asset is involuntarily imposed but would nonetheless be considered a permissible fee for services rather than a permissible tax. The Colorado Supreme Court made such a determination finding that a stormwater utility fee is such a fee. The Colorado Supreme Court found that land granted by the federal government to the State of Colorado for the support of common schools, or proceeds thereof, could not be subjected to a special assessment for the costs of a speciaJ. improvement; however, the storm.water fee charged by the City was found not to be a special assessment but rather constituted an appropriate charge or fee for services that benefit the property. The Concrete Utility Program is a voluntary program. The Program does contain an opt out provision if you so desire. The City's records indicate that the Post Office has participated in the program since it was established in 1997. The City's records indicate that $1,623.37 of concrete has been repaired for the Post Office located at 3332 South Broadway and that $2,077.85 of concrete has been repaired for the Post Office located at 915 West Lehigh Avenue. To opt out of the program the foregoing amounts will need to be reimbursed to the City of Englewood for the concrete that was repaired. It would appear that in Colorado both the stormwater fee as well as the concrete utility fee are permissible and may be charged to the United States Postal Service. As to the Concrete Utility Program please let us know if you wish to continue or you wish to pay and opt out of the program. DB/nf Daniel L. Brotzman, City Attorney Nancy N. Reid, Assistant City Attorney Dugan S. Comer, Assistant City Attorney 1000 Englewood Parkway Englewood, Colorado 80110 Phone 303-762-2320 FAX 303-783-6892 D Nov 11 Year Status Type Unit Work complete th locations for Englewooa rost Office Unit Cost Quantity United States of America 3332 South Broadway 1971-34-4-00·006 2008 Built Remove Mono LF $12 .95 10 2008 Built Saw Concrete LF $2.22 26 2008 Built ·Construct 4" Mono LF $30.23 5 2008 Built Construct Chase Section EA $1,285.00 1 United States Postal Service 915 West Lehigh Avenue 2077-04-1-08-009 2004 Built Remove Curbwalk LF $10.00 62.3 2004 Built Saw Concrete LF $1.70 15.9 2004 Built Asphalt Saw LF $1 .35 63.9 2004 Built Remove Asphalt SF $1 .50 78.8 2004 Built Construct 4" Curbwalk I LF $16.00 10.6 2004 Built Construct 6" Curbwalk I LF $16.00 46.7 2004 Built Construct 8" Curbwalk I LF $20.00 5 2004 Built Asphalt Patch TN $85.00 1.93 2004 Built Compacted Gravel Basecourse TN $ff00 2.5 SHEET1OF1 Cost Comments $129.50 Work completed in 2008 $57.72 (using 2008 Unit Costs) $151 .15 $1 ,285.00 $1,623.37 $623.00 Work completed in 2004 $27.03 (using 2004 Unit Costs) $86.27 $118.20 . $169.60 $747.20 $100.00 $164.05 $42.50 $2,077.85 AT T: 3 WASTEWATER COLLECTION SYSTEM MAINTENANCE AGREEMENT An Agreement, dated this __ day of _________ _ 20~,betweenthe~--------------------~ (Collection System Owner) and the City of Englewood (Englewood), regarding the maintenance of a certain wastewater collection system: WHEREAS, the System Owner owns and operates a sanitary sewer transmission system, consisting of easements, collector and transmission lines, cleanouts and manholes (collection system facilities), this system is used to provide sanitary sewer service to the system's users in parts of Arapahoe County; and WHEREAS, the System Owner's wastewater collection system is shown on Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, System Owner does not currently own or operate any maintenance equipment for such a wastewater collection system; and WHEREAS, Englewood owns and operates its own system of sanitary sewer transmission lines, exclusive of the System Owner's system, and has the equipment and personnel available to maintain the System Owner's system as well as its own system; Now, therefore, System Owner and Englewood hereby covenant and agree as follows: 1. Englewood shall provide normal, routine, and extraordinary or non-routine maintenance, repair and replacement services for the collection system facilities, as shown in Attachment A, as needed to insure efficient, continuous and economical service within the Owner's collection system. Flushing and cleaning of the sewer mains and point repairs not deeper than ten feet (10') and not longer than ten feet (10') shall be considered normal and routine maintenance, repair and replacement. Point repairs deeper than ten feet (10'); and/or longer than ten feet (10'); or where unusual conditions exist, such as, but not limited to, excessive ground water, excessive slope or excessive vegetation, which limit or inhibit Englewood's ability to fulfill its obligations under this Agreement, shall be considered extraordinary and non-routine repairs and replacements. 2 . Englewood's maintenance and repair of all System Owner facilities in the system, except for the construction of new or additional facilities, shall include, but not be limited to: (a) The annual cleaning-and inspection of the Owner's wastewater collection system as described in Exhibit A (manholes, cleanouts and transmission lines), such cleaning and inspecting may include visual and TV inspections, root-sawing, chemical line treatment and the jet flushing of lines, as conditions warrant. (b) Responding to all emergency calls and taking the appropriate remedial action and cleanup, if necessary. The System Owner will pay for the cleanup resulting from a stoppage or backup in any user's individual service line caused by a malfunction in a System Owner's line. Englewood, without prior approval from the System Owner, is authorized to contract for any such cleanup, which the System Owner agrees to pay. If the malfunction in a System Owner's line is occasioned by Englewood's actions, Englewood shall pay for the cleanup. This determination shall be solely Englewood's. ( c) Responding to requests to locate the sewer mains, collector lines and manholes in this collection system. Englewood will not be responsible for locating privately owned sewer service laterals in this collection system other than to indicate where the laterals are connected to the mains to the best of their knowledge as indicated by the City of Englewood's records . ( d) Englewood shall be responsible for marking all System Owner facilities and system upon notice from the statewide one-call system, UNCC or its successor, pursuant to C.R.S. 9-1.5-101, et seq., marking the same in the manner and within the time established by that statute. Englewood shall be responsible for the marking only, and the System Owner shall pay the monthly fees to UNCC or its successor to notify Englewood to make such markings. 3. System Owner agrees that it will assume ownership of any existing wastewater collection system facilities within the Collection System to facilitate a maintenance agreement with Englewood. Any additional service facilities needed to serve the area shall be constructed at the Owner's expense, to Englewood standards, and System Owner agrees to assume ownership of the facilities of the collection system upon deeding to System Owner by the property owners. Ownership shall be by written conveyance. However, each such conveyance must be approved by Englewood before it becomes a part of the collection system approved by this Agreement. 4. System Owner shall continue to own the collection system. Any rights-of-way utilized in the collection system shall continue to be held in System Owner's name and shall be maintained by System Owner. System Owner further agrees to acquire and hold right-of- ways or easements of sufficient size to permit operation and maintenance activities on any public or private property where existing or future facilities are located, and to maintain those easement and rights-of-way free of landscaping, structures or other obstructions which would interfere with Englewood's maintenance obligations under this Agreement. Englewood shall not be obligated to maintain sewer lines where adequate right-of-way, free and clear of landscaping or obstructions does not exist. In such circumstances, if authorized in writing by System Owner, Englewood at its option, may attempt to perform the maintenance without any liability whatsoever for damage to private property. Prior to the Parties entering into this Contract for collection system maintenance, the collection system shall be televised and videotaped to determine the condition of the system. The cost of his procedure shall be borne by System Owner. Any repair or rehabilitation necessitated in the opinion of Englewood shall be at the sole expense of System Owner. 2 5. Where the Wastewater collection is billed by Englewood, users on the Collection System shall have additional fees added to their existing wastewater treatment bills to cover the cost of providing this maintenance service. The amount added for normal, routine flushing and cleaning maintenance services shall be at a rate which is based on the same estimated annual cost per linear foot of sewer main that Englewood charges for normal, routine flushing and cleaning within the Englewood Wastewater Collection area. The rate may be changed from time to time, but the amount shall be the rate necessary for Englewood to recover its normal maintenance costs for the Collection System of the Owner. It is the intent of this agreement that Englewood recovers from each sewer service area in Owner's System the amount of revenue necessary to cover its reasonable maintenance costs and avoid a situation where the citizens of Englewood subsidize users of the Owner's System. The routine maintenance charges shall be divided among the customers in each sewer service area as directed by System Owner. For this reason the customers in different sewer service areas may have different maintenance charges on their annual bills. The cost of non-routine repairs shall be charged directly to and paid by System Owner as a separate item. In the alternative, for the services rendered as herein defined, the System Owner may elect to pay to Englewood the annual Collection Fee as established or amended from time to time by the City, during the term of this Agreement, payable quarterly, in arrears by the 10th day of the month following the end of each calendar quarter, one-fourth (1/4) of the annual amount. Payments for any partial calendar quarters at the beginning or the end of this Agreement shall be prorated based on the number of days of service provided by the City, divided by the number of calendar days in the quarter affected. All payments made pursuant to this Agreement, shall be to the City of Englewood, Department of Utilities, and remitted in care of the Director of Utilities at 1000 Englewood Parkway, Englewood, CO 80110. This billing does not include non-routine repairs which shall be billed separately. 6. The System Owner, by this Agreement Grants and conveys to Englewood a license, but not ownership, over all the wastewater facilities in the Collection System. System Owner agrees that it will not exercise any dominion whatsoever over any of the wastewater collection facilities in the Collection System which are inconsistent with the performance by Englewood of its' rights and obligations hereunder. It is agreed that "license", as used in this Agreement, shall mean the right to use, connect, disconnect, modify, rehabilitate, extend, enlarge, replace, improve, convey, abandon or otherwise dispose of any and all of the Collection System facilities, but only in so far as is reasonably necessary to perform Englewood's maintenance operations under this Agreement. Should System Owner not approve the replacement or improvement of some portion of the Collection System which does not meet Englewood's minimum standards, Englewood may, at it's option, continue to maintain that portion to the best of its ability, but shall not be held responsible for any inadequacies or failures of said portion which may occur as a result of the substandard condition. Such responsibility shall be with the System Owner upon written notice to the System Owner by Englewood. 7 . System Owner shall obtain and pay any fees for street cut permits for Englewood when such permits are necessary for Collection System maintenance work. System Owner shall be responsible for asphalt or concrete replacement costs in street or sidewalk cuts made by Englewood for Collection System maintenance. 3 8. System Owner agrees that Englewood is not obligated to enlarge or extend or bring up to any standards any existing facilities in the Collection System. 9. This Agreement is contingent on System Owner having a current Standard Connector's Agreement with Englewood. 10 . All general rules and regulations and amendments thereto placed in force by Englewood concerning the operation, conditions of service and procedures relating to the installation of new services in the Collection System, shall be fully enforceable in the Collection system as in Englewood. System Owner agrees to exercise its authority to enforce Englewood 's applicable sanitary sewer system ordinances and rules including those made to protect the collection, transport systems and the treatment facilities; to assure Englewood that any new installations in the Collection System are constructed to the standards of Englewood; and to assure collection of delinquent accounts . 11. By providing maintenance service, for the Collection System, Englewood does not release System Owner from its responsibilities and obligations as set forth in the Standard Connector's Agreement, nor does Englewood, incur any liability resulting from the maintenance of the Owners Collection System. 12. No enlargement of the Collection System or any other amendment of this Agreement shall be made unless it is by mutual agreement. 13 . It is agreed that for failure of System Owner or Englewood to perform their duties under this Agreement , in all its essential parts, either Party may terminate this Agreement. Prior to such termination, the terminating Party shall provide written notice to the other Party of the deficiency and provide adequate time to correct these deficiencies , not to exceed one year. Not withstanding the above, Englewood shall always have the option to discontinue maintenance services to the collection system at its discretion by providing sixty (60) days written notice. 14 . The term of this Agreement shall be for one year beginning from the effective date of this Agreement. At the end of one year, if both agree, this Agreement may be renewed by the Director of Utilities in three (3) year increments. After the first three (3) year extension, System Owner or Englewood may discontinue this Agreement at any time with written notification not less than one year prior to the desired ending date. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any means whatsoever in any following fiscal period, the government entities subject to TABOR limitations may terminate this Agreement at the end of any fiscal year. 15 . System Owner shall have the ability to place appropriate and legal charges on the sewer bills sent to customers within the service area. Englewood agrees to collect such charges at the request of the Owner and forward such charges to System Owner. Englewood shall have the ability to charge System Owner a reasonable and customary administrative fee to bill and collect any such charges. 16 . In the event that any provisions of this Agreement are in conflict with the Standard Connector's Agreement of System Owner, the Connector's Agreement shall govern. 4 17. The City of Englewood shall not be responsible or liable for damages to any property which may result from its maintenance of the Sewer Collection System whatsoever. The City of Englewood shall perform due diligence in maintaining the Sewer Collection System, which due diligence shall mean that Englewood shall flush or clean each sewer main not less than once per calendar year. 18. Englewood will provide reports on the cleaning, inspection, maintenance, repairs and general operations of the System Owner's system quarterly on or before the end of the month following each calendar quarter during the term of this Agreement and, within the next business day, provide reports of all emergency responses, and the System Owner will provide contact persons and telephone numbers to Englewood for such purposes. 19. All notices pursuant to this Agreement shall be in writing, send certified mail, return receipt requested or hand-delivered, notice being given when received, addressed to each of the parties, with a copy to each party's attorney, as follows: CITY OF ENGLEWOOD Department of Utilities c/ o Stewart H. Fonda Director of Utilities 1000 Englewood Parkway Englewood, CO 80110 (System Owner) Address City, State Zip Daniel L. Brotzman City Attorney 1000 Englewood Parkway Englewood, CO 80110 System Owner's Attorney Address City, State Zip Each party agrees to give notice to the other of any change in its representatives or their address. 20. This Agreement represents the complete understanding of the parties, and each, by the signature of its representatives below, agrees, covenants and warrants to and with the other that each has full authority to enter into, bind and obligate the party for whom each signs. This agreement may not be assigned by either party without the advance written approval of the other; and shall not be amended or modified, except in writing, which modification or amendment shall not be effective until the same is reduced to writing and executed by both parties hereto. 5 IN WTINESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chairman Englewood Water and Sewer Board Mayor- (System Owner) Title: Date:------------ Date:------------ Date:------------ Date:------------ 6 BERG HILL GREENLEAF & RUSCITTI LLP -·---------~~------·------------ ATTORNEYS & COUNSELORS AT LAW 1712 Pearl Street • Boulder, Colorado 80302 David G . Hill Partner Daniel L. Brotzman, Esq. City of Englewood 1000 Englewood Parkway Englewood, CO 80110-0110 Re:· April Invoice Dear Dan: Tel: 303.402.1600 • Fax: 303 .402.1601 bhgrlaw.com. May 5, 2009 dgh@bhgrlaw.com ·. -..... .. ' \ \:.'\ I I •· I Enclosed please find our invoices for professional services on water matters for April 1, 2009 , through April 30, 20.09 , in the amount of$33 ,187.95, with a total for the year of$135,923 .69. The amount for this billing cycle on major cases is listed below: I Name l Amount I No. I General $ 646.00 447 FRICO (02CW105) Pumping Ruling 13 ,802.18 504 FRICO 1999 Agreement Appeal 5,064 .72 712 Chatfield Reservoir Reallocation Project .8,466.05 720 Stu Fonda has asked us to provide brief descriptions of the reasons for Englewood's . involvement in all cases which appear on our bills each month, as well as a brief summary of the work performed by this firm during the month. The following paragraphs contain these descriptions with respect to the matters reflected on the enclosed invoices : Introduction . Please understand that this letter is a . confidential attorney-client communication. Please keep it confidential. Please note that the bill has ~een written down by $3, 103 .50 from standard hourly rates . Daniel L. Brotzman May 5, 2009 Page 2 The Chatfield storage reallocation project raised the question of whether Englewood can insist upon an environmental impact statement for Denver's increased storage in Chatfield Reservoir. The increased storage is of course accompanied by closed outlet gates from Chatfield, and resultant hardness issues in the water Englewood diverts from the river at Union Avenue. An investigation was launched to ascertain 1) just what is Denver doing to increase its pumping capacity from Chatfield, 2) what permits has Denver obtained, and 3) what subjects are covered by the environmental inipact statement being completed for the storage reallocation project. The investigation, which.is not complete, has tlirned up a number of very interesting facts. First, Denver has constructed a riprap dam across the river, above Chatfield, for its new "Last Chance" pump station. It appears that ho permit under Section 404 of theClean Water Act was obtained. Complete records have been requested, but preliminary inquiries clearly show no permit was required, requested, or granted'. That is unusual, and probably a violation of the Act. Second, no alternate point of diversion was requested in the Water Court. Again, and preliminarily, that appears to be a violation. Third, Denver plans an additional new and larger pump station, and no 404 permit has been requested for that. Fourth, there appears to have been .a "temporary" pump station constructed on the west shore of the reservoir without a 404 permit. Fifth, the proposed EIS (Environmental Impact Statement) for the storage reallocation did not address downstream impacts of increased storage. That appears to be a clear violation of law. We have sent a letter to the Corps of Engineers demanding such a study. It appears at this point that the Corps of Engineers and the State Engineer have not required appropriate permits or Water Court applications from Denver.· The hope is that we can assert that all these combined activities requires an EIS which studies the impact of Denver's increased storage, as well as the impact of the storage reallocation, on downstream users, thus forcing some actions to improve Englewood's quality. We are presently awaiting the results of a Freedom of Information Act inquiry (FOIA request) for more documents from the Corps of Engineers. Once we . have received them, we will consult further with Dan Brotzman and Stu Fonda. We are very close to a final decree in the FRICO/United/East Cherry Creek case. The Judge set a hearing on the disputes over the final decree, which resulted in a meeting at which all of the issues between the Applicai1ts and the Opposers were verbally settled. A decree mcorporatingthe settlement has been prepared. Unfortunately, the State and Division Engineers have belatedly objected to some of the terms of the settlement. Major efforts are being made to settle with the engineers, so as to wrap up the final decree. Once the final decree has entered, appeals will commence. As we anticipated, the Judge turned down Henrylyn's application for a stay of his Metro Pumps ruling. But we got to carefully Daniel L. Brotzman May 5, 2009 Page 3 put into the record, in clear fashion , all of the issues we wanted to present on appeal, and we essentially wrote the appeal brief Serious efforts were made with respect to the appeal of the 1999 Agreement decision. So far , those have been primarily the assembly of the record on appeal, particularly gleaning the necessary exhibits from the massive record in the trial court. That required considerable effort, since not every exhibit could be used, and the Court's order admitting the ones we wanted were hard to locate in the record. We had to work a great deal with the Water Court clerk and the Supreme Court clerk to get the record into proper form for appeal. We also commenced outlining the opening brief. The remainder of the cases are described below. 1. General (#001): This matter is our general file for work not attributable to specific cases . In some instances, the work is not specific to a particular matter. In other instances, the time spent on any individual matter is not large enough to justify a separate bill, but the time on the group of matters is significant. This includes charges related to general calendaring, reviewing various daily incoming pleadings and correspondence, overall case management and other activities that are not case specific. It usually includes preparation of many statements of opposition. 2. Cooley Gravel Company {95CW126) (#347): This application seekS two storage rights for 650 acre feet arid 9,800 acre feet from Bear Creek. Englewood entered this case to protect its McBroom Ditch rights. We reviewed the file and discussed latest correspondence from Applicant's counsel.. 3. Colorado Springs and Aurora (95CW272) (#357): These cities seek a conditional water storage right in the amount of 30,000 acre-feet from Homestake Creek; a conditional water storage right for aquifer .storage in the amount of 90,000 acre-feet in the Camp Hale area; a conditional water right for an underground aquifer called the Eagle Park ~quifer ; and other diversion rights and storage rights. They also seek to augment the out-of-priority depletions caused by the pumping of their well fields.··• Englewood entered this case because of the . magnitude of the appropriations and to monitor the augmentation plan .. We reviewed notice to set trial management conference. 4. Northglenn (97CW369) (#429): Applicant seeks approval for a junior water storage right for 5,000 acre feet in Stanley Reservoir. Englewood is in this case to preserve the validity of its agreement with Thornton and Westminster as settlement of Englewood's opposition to the change of their Stanley Lake rights. It appears from the records in this case that Englewood may not be receiving all the water to which it is entitled. We discussed proposed decree language with Applicant's counsel and prepared for and participated in aReferee status conference.· AT T,. S JUNEAUEMPIRE.coM What not to flush A magical mystery tour -and a cautionary tale -of Juneau's sewer lines Tuesday, May 26, 2009 By Kate Golden I JUNEAU EMPIRE Your correspondent urges anyone who has ever flushed a little dental floss to please consider the unc1v1c consequences. Are you aware of the rags that mysteriously appear in the sewer pipes, whether out of malice or ignorance, the underwear and paper towels, the candy wrappers and Swiffer rags, or the "flushable" wipes that aren't really? One little piece of dental floss can tie all of these up, cut off a four-inch sewer pipe and cause those who watch over Juneau's sewer system anguish and overtime. Two floors underground, at a lift station that takes sewage from the town of Douglas, lifts it up and sends it toward the treatment plant across the channel, city collections worker Mark Mow is doing a little something his job description calls "other duties as required." The pipe is clogged. He shuts down the valves and unscrews an opening in the pipe; wastewater spurts out and hits the floor. It is 98 percent water, according to the city Web site, and most of the solids have collected in wet-wells like the one this pipe leads from, but that doesn't mean it smells like daisies. He dons a rubber glove like an arm wader and shoves it as far as he can into the pipe, to his forearm. He pulls out a few gray bits that look like wet lint. Surely these can't be what is making his whole body shake with the effort. Bracing the one arm with the other, he soon tosses aside the gloves to get a better hold on whatever is down there. He cannot get it. A crewman joins him and relieves some water pressure from a connecting pipe. Twenty minutes into this, Mow pulls out a thick, gray, waterlogged wad of crud. It's hard to see how it fit in the skinny pipe, because the wad nearly fills a five-gallon bucket. It is now obvious why Mow wore his Xtratufs on a sunny day. "We all have our hep(atitis) shots," he said. This is a near-daily task. And according to the crewmen, this is neither a special problem in Juneau nor a recent problem. It is what they have always done. We pause now to enlighten readers who may be suspecting that these men have the worst job in Juneau, or maybe the world. If turnover is any indication, the department hired a new guy this year, but before him, the last new guy arrived nine years ago. These workers tend to mention that the pay and benefits and colleagues are good, and that each day brings a different challenge. httn://iunea11emnirA r.om/r.oi-hin/nrintmP. nl Page 2of3 It is nbt just the clogged parts. Sewer is an interesting input-output problem, because unlike the water system just about anything could be an input. And unlike water, it never stops, so any bottleneck in the system must be solved on a tight deadline. Juneau has 125 miles of sewer lines and 8,350 customers, none of whom want to be reminded of what they've sent down the line. Maintaining the system is a complex, specialized trade. Plus it's a bit of an art: Each of the 3 8 pump stations is a little different, but after 14 years Mow can tell when any pump has a problem just by how it sounds. Lacking seniority on this fine day, the new guy, Mike Dunayski, was suited up with headlamp, orange rain gear, an atmospheric monitor, a respirator and a harness. Dunayski was on his way into the wet well, where solids from the wastewater accumulate, to clean it out with a shovel, a rake, and a large vacuum pipe leading to a city truck. Dunayski, asked how he liked his job as he was about to climb down a crusty ladder into the dark well, responded, "I'm loving it." Mow took the bucket containing his big find to the surface, where he examined its contents for your correspondent's sake. Mostly cloth, elastic, hygiene products, rags, heavy-duty towels, dental floss. None of this was surprising. They have seen pill cases, sheets, Fruits of the Loom and once a blue long-sleeved flannel shirt with all the buttons intact. "How they get there, I don't know," said collections supervisor Tom Trego, who has worked on Juneau's sewer lines for 28 years. They speculate but rarely find answers. Except in a few cases, such as when years ago cloth that appeared was marked as the property of Lemon Creek Correctional Center or Johnson Youth Center. The sewer crewmen suspected that inmates or youngsters flushed them out of malice. They told the institutions, which fixed the problem somehow. Perhaps more widely spread than angry flushing is the ignorant or lazy kind. Your sewer line workers wish for a public that's well aware of its sewer pipes, one that would never dream of flushing its chicken-frying oil. Your correspondent has seen where the oil ends up and wishes to assist. Fact: Running hot water down the sink simultaneously with the frying oil does not keep it from solidifying in the pipes. It's already cold by the time it hits the larger system and can plug pipes completely, as an Auke Bay restaurant managed to do once this year. Fact: "The toilet is not a wastebasket with water in it," to quote utilities superintendent Joe Myers. Fact: The more weird stuff we flush, the higher our wastewater rates, since somebody gets paid to spend time unclogging the pipes. Myers' take is that people often take sewer service for granted. But he counts it as a good thing. "When people don't notice us, we're doing our job real well," he said. Click here to return to story: httn '. //1nrn~m JP.mnirP. r.nm I r.ai-hin /nrintmP. n 1 c:. ,,., Q ,,., (\(\() , ' MEMORANDUM John Bock, Utilities Manager of Administratio~ To: Stu Fonda, Utilities Director From: Date: June 4, 2009 Subject: Delinquent Water Bill at Englewood Postal Facilities The water bills for the USPS facilities at 3330 S. Broadway and 925 W. Lehigh Ave. remain delinquent. The unpaid balances stand at $1,156.94 and $1,615.07 respectively. The notice history for 925 W. Lehigh Ave. is as follows: 8/1/2008 -Normal Billing Notice 9/14/2008 -Past Due Notice 10/15/2008 -Red Tag (no tum off) 11 /1/2008 -Normal Billing Notice 21112009 -Normal Billing Notice 5/1/2009 -Normal Billing Notice 51712009 -Verbal contact with post master to advise of tum off at the end of the month. The notice history for 3330 S. Broadway is as follows: 10/1 /2008 -Normal Billing Notice 111 /2009-Normal Billing Notice 41112009 -Normal Billing Notice 511412009 -Past Due Notice 5/7 /2009 -Verbal contact with post master to advise of tum off at the end of the month. After meeting with Dan Brotzman the following course of action is recommended: ~ Bring this matter before the Water and Sewer Board at their June meeting for their consideration . ~ Take this issue, with the Board's recommendations, to a Council study session to get a full Council consensus. ~ Notify the USPS of the City's stand . ~ Red tag both of the facilities for tum off. ~ After 5 days, tum off the water. Printed o n Recyc led Pap er ~ L AW DEPARTMENT FACILITIES & ENVIRONME NTAL U N IT d UNITED STIJTES POST/JL SERVICE BY FACSIMILE AND CERTIFIED MAIL October 29, 2008 Mr. Daniel Brotzman City Attorney 1000 Englewood Pkwy Englewood, CO 80110-2373 Subject: Storm Water and Concrete Levy -City of Englewood Account No: 00000108-0100003303, USPS Post Office, located at 3330 S. Broadway, Englewood, Colorado Dear Mr. Brotzman : I contacted you by telephone yesterday regarding the above and have not yet received a response. Enclosed please find a copy of the letter I sent to your client for your files. It is my understanding that your client has threatened to shut off water and/or other services at the above location. Please be advised that the storm water and concrete charges are in fact special assessments which the USPS is not subject to as an independent establishment of the Government of the United States, 39 U.S .C. 201 et. seq . ("USPS"). Please cease and desist any action to terminate services at the above location. would appreciate the opportunity to discuss this with you as opposed to pursuing remedies available by law to the USPS. I would appreciate your prompt attention to this matter and can be reached at 314-872-5144. Sincerely, !.-········----; ~1/VVl i l {' Rozann M. HJi'nthg~ Attorney cf: Judy Babcock P. 0 . BOX 66640 ST . LOUIS, MO 63141-0640 TEL : 314/872-5120 FAX : 314/872-5193 , LAW DEPARTMENT FACILITIES & ENVIRONMENTAL UNIT d UNITED STl.1TES POSTAL SERVICE BY CERTIFIED MAIL October 24, 2008 City of Englewood Englewood Civic Center Utilities Department 1000 Englewood Pkwy Englewood, CO 80110-2373 Subject: Storm Water and Concrete Levy -City of Englewood Our Account No: 00000108-0100003303 Dear Sir or Madam: Your invoices of July 1, 2008; and October 1, 2008, addressed to "US Post Office," have been forwarded to my attention for response. As discussed below, this property is owned by the Postal Sery_ice and is therefore immune from the levy. The property in question is listed below. Account# 00000108-01000033303 *includes late fees Address 3330 S Broadway Amount $165.76* As you may be aware, the Postal Service is contesting the City of Englewood's authority to impose a levy on federally owned property. Federal law is clear that a levy such as the City's "storm water cycle billing" and "concrete cycle billing" wlll be considered an impermissible tax. City of Cincinnati v. United States, 39 Fed.Cl. 271 (1997) (city's storm drainage service charge was a tax, not a voluntary user fee) affirmed on other grounds 153 F.3d 1375 (Fed. Cir. 1998); see a/so, Mullen Benev. Coro. v. United States, 290 U.S. 89, 54 S.Ct. 38, 78 L.Ed. 192 (1933) (United States immune from liability for taxes in the nature of reassessments for sewers and sidewalks); Federal Reserve Bank v. Metro Center Improvement District #1, 657 F. 2d 183 (81h Cir. 1981) (immunity from special assessments); Novato Fire Protection District v. United States, 181 F.3d 1135, 1138-39 (9th Cir. 1999) (citing City of Cincinnati with approval). We respectfully decline to pay the concrete and storm water fees plus late charges on these invoices. Our review of the federal case law leads us to conclude that the City of Englewood's "Storm water Cycle Billing" and the "Concrete Cycle Billing" is an impermissible tax from which the Postal Service is Immune. Accordingly, we have P. 0 . BOX 66640 ST. LOUIS, MO 63141-0640 TEL: 314/872·5120 FAX : 314/872-5193 . ·-·· . ---·----~ -2- advised our clients not to pay these charges submitted on the invoices submitted by the City of Englewood. Should you have any questions regarding this matter, please feel free to contact me . cc: Judy Babcock (by email) Sincerely, <::::>GIYM ( ·~Jz~nn M. Hein inger Attorney MEMORANDUM John Bock, Utilities Manager of Administratio~ To: Stu Fonda, Utilities Director From: Date: June 4, 2009 Subject: Delinquent Water Bill at Englewood Postal Facilities The water bills for the USPS facilities at 3330 S. Broadway and 925 W. Lehigh Ave. remain delinquent. The unpaid balances stand at $1,156.94 and $1,615.07 respectively. The notice history for 925 W. Lehigh Ave. is as follows: 8/1 /2008 -Normal Billing Notice 9/14/2008 -Past Due Notice 10115/2008 -Red Tag (no turn off) 11/1/2008 -Normal Billing Notice 21112009 -Normal Billing Notice 5/1/2009 -Normal Billing Notice 517 12009 -Verbal contact with post master to advise of turn off at the end of the month. The notice history for 3330 S. Broadway is as follows: 1011/2008 -Normal Billing Notice 1/1/2009 -Normal Billing Notice 4/1/2009 -Normal Billing Notice 5/14/2009 -Past Due Notice 517 12009 -Verbal contact with post master to advise of turn off at the end of the month . After meeting with Dan Brotzman the following course of action is recommended: ~ Bring this matter before the Water and Sewer Board at their June meeting for their consideration. ~ Take this issue, with the Board's recommendations, to a Council study session to get a full Council consensus. ~ Notify the USPS of the City's stand. ~ Red tag both of the facilities for turn off. ~ After 5 days , turn off the water. Printed on Recycled Paper ~ L AW DEPARTMENT FACILITIES & ENVIRONMENTA L UNIT fJ}i/ UNITED STIJTES POST/JL SERVICE BY FACSIMILE AND CERTIFIED MAIL October 29 , 2008 Mr. Daniel Brotzman City Attorney 1000 Englewood Pkwy Englewood , CO 80110-2373 ' c ' -. / .. · i;.·TD·'·--.... .,. ... i --:· ... · " .. · .......__......._ l ....... · Subject: Storm Water and Concrete Levy-City of Englewood Account No: 00000108-0100003303 , USPS Post Office , located at 3330 S. Broadway, Englewood , Colorado Dear Mr. Brotzman : I contacted you by telephone yesterday regarding the above and have not yet received a response . Enclosed please find a copy of the letter I sent to your client for your files. It is my understanding that your client has threa tened to shut off water and/or other services at the above location . Please be advised that the storm water and concrete charges are in fact special assessments wh ich the USPS is not subject to as an independent establishment of the Government of the United States , 39 U.S .C. 201 et. seq. ("USPS "). Please cease and desist any action to terminate services at the above location . would appreciate the opportunity to discuss this with you as opposed to pursuing remedies ava ilable by law to the USPS. I would appreciate your prompt attention to this matter and can be reached at 314-872-5144 . Sincerely, !'_ .... -····-~ ~R/ ' r1M f1_1 \ f~ , ozann . Hlinfn9er Attorney cf: Judy Babcock P. 0. BOX 66640 ST . LOUIS , MO 6314 1-0640 TEL : 314/872-5120 FA X: 3 14/872-5 193 LAW DEPARTMENT FACILITIES & ENVIRONMENTAL UNIT d UNITED ST/JTES POST!lL SERVICE BY CERTIFIED MAIL October 24, 2008 City of Englewood Englewood Civic Center Utilities Department 1000 Englewood Pkwy Englewood, CO 80110-2373 Subject: Storm Water and Concrete Levy -City of Englewood Our Account No: 00000108-0100003303 Dear Sir or Madam: Your invoices of July 1, 2008; and October 1, 2008, addressed to "US Post Office," have been forwarded to my attention for response. As discussed below, this property is owned by the Postal Seryice and is therefore immune from the levy. The property in question is listed below. · Account# 00000108-01000033303 *includes late fees Address 3330 S Broadway Amount $165.76* As you may be aware, the Postal Service is contesting the City of Englewood's authority to impose a levy on federally owned property. Federal law is clear that a levy such as the City's "storm water cycle billing" and "concrete cycle billing" will be considered an impermissible tax. City of Cincinnati v. United States, 39 Fed.Cl. 271 (1997) (city's storm drainage service charge was a tax, not a voluntary user fee) affirmed on other grounds 153 F.3d 1375 (Fed. Cir. 1998); see a/so, Mullen Benev. Coro. v. United States, 290 U.S. 89, 54 S.Ct. 38, 78 L.Ed. 192 (1933) (United States immune from liability for taxes in the nature of reassessments for sewers and sidewalks); Federal Reserve Bank v. Metro Center Improvement District #1, 657 F. 2d 183 {8 1h Cir. 1981) (immunity from special assessments); Novato Fire Protection District v. United States, 181 F .3d 1135, 1138-39 (9th Cir. 1999) (citing City of Cincinnati with approval). We respectfully decline to pay the concrete and storm water fees plus late charges on these invoices. Our review of the federal case law leads us to conclude that the City of Englewood's "Storm water Cycle Billing" and the "Concrete Cycle Billing" is an impermissible tax from which the Postal Service is immune. Accordingly, we have P. 0. BOX 66640 ST . LOUIS, MO 63141-0640 TEL: 314/872·5120 FAX : 314/872-5193 -2 - advised our clients not to pay these charges submitted on the invoices submitted by the City of Englewood . Should you have any questions regarding this matter, please feel free to contact me. cc: Judy Babcock (by email) Sincerely, <:;:)<SnYI ( ·kJz~nn M. Heininger Attorney .• Sewer connection districts form coalition to contest rates / lll'f til l ·< :i t y uf Lillll•tull illljlO\nl ;1 nrw -~id t·d 20 l'L'ru·nt 'l'Wl'I \l'l"Vi<l' l'11;irg1· i11 rn';1w 1111 1H1tsi1k -< 'it y t"ll,lt>llll'i'' <illli !lo illUl'.I\\' <Ill i.illil'l rl ll l ll ~[t.)IJll'I'\ ill 2 ()()8 , ;1 l.llllJlill'f I tf \V;l[l'I ,Jlld \;111ila li 1111 dhtril'l\ jo i11 L·d l1.•gvtl1l'r lti (11 1111 till' Lillklo11 ~L'Wl'r R.1 ll' 1:11alilio11 . Til l' llllflY•)l' of t ill'< :n;ilitin11htn1m111u1l <· f;iir ;111d t't]llit.1hk \l'W1 ·r rat1·,1, ;111d t ;1p ivl'\ 1t1r 11\t'llll 1t'I' t'll\ltlllll"I'\. Littleton Sewer Rate Coalition The Coalition is comprised of the following local governments : Platte Canyon Water and Sanitation District Southwest Metropolitan Water and Sanitation District Ken -Caryl Ranch Water and Sanitation District Grant Water and Sanitation District Roxborough Water and Sanitation District Meadowbrook-Fairview Metropolitan District Coalition members provide sewer col- lection and transmission services for 68 percent of the customers served by Little- ton's portion of the Littleton-Englewood Wa stewater Treatment Plant. Till' ( :oalilit>ll i11 iti;1lly \111Jgh1 111 .lll H'lld «at ii llll'l1111t'r \ "'Wl'I' < cl llll l'l I itlll .l ):l'l 'l'llll 'lll Willi lii t · l :il y t1i J il1Jcto 11 !fl rvq11irl' tl1;it 'l'Wt·r "'"'' ,.,. n tal'ol h lwd ll\- i11.I( ;i w;1•,lnv;11l-r utility L(l'.f nt .'>l'rvin· .qi- ilfl •;H'l l. t\llcr l.ittll'lrn1 wlu,t·tl 111 tu11 ,idt·r n ·v hio11·; In tlw ;1grtT ll>vlll ', lh <' I ;t>;il i li1111 \tlllgl1t lo "l'l'il ;i di.dog111· with tl11· ( 'ily II\- )c'<' Coalition 011 pa1:1e 2 Visit us at our Web site www.11lattecanyon.org where you can learn much more about Your Water and the workings of the District. 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( .lllllll'cl ()I' uhlrid\ will Ct.tlJliJlll l' It 1 Sl'l'k lP \'11\llll ' I hJl flllllf\' r;1 t l' in1 fl'il'l'\ al'L' i111pr>'il'd 1111 ;1 11 d t1-di -;n i111in a 1orv li;"i\ ,1111 1 ll l' ,l.\\l'\\f.'d c >II d l "'' of ~l'J 1•i1 t ' h,hi\. 200 180 160 140 ... a ., 120 >-... ., Q. too Ill ... .!! 80 0 0 60 40 20 0 Outside-Littleton Sanitary Sewer Utility Charges ..... I I .~.; t !~.); ·~f 1 tx~ ~J :"J :•:i. :: ~--· ~ r 2008 2009 Multifamily Single Family Commercial Rates 2009 Rote $2.08/ l 000 ~ol 2008 Rol e $I . 96/ I 000 f]Oi. l Platte Canyon participates in comprehensive study of rates with other districts Coalition looks at sewer rates uri11g Litlil'1 11 11 u11 · l :0L11ll'il dl'i ili c ra - l inl'I\ 11v(•r ~a nil ;iry '\t'\.\.'C r '-'.t>rv it. ~~ \'ll ;ugl' ;1 d j11 ~l l11t'lll\ ill 2 (1()1), l'l<il l<' ( ;;11 J\'ll ll ;111d 11lill.'l ll)lll ll'l t,1r dhlriLl l'l'Pf<'~l'J1i ;1 tiH'\ 11r g t•d l :o unci l 11 w 111i>"r ' tn t '1>1H lu c1 a prll i<'s,i1111 ;il , 11 11hi.1 \t 'l l u11 11 rm·- ln·11,i v1· r:ilv '1udy. Tlw tli,tri 1 h 1il krt·d l1•\h.i 11·lli<'11>'l 11 l ll H' '>lu dy 111 1 a prup11J'li1111.il 11.1\h. Not or il v did ( :uu1llil r l'fll 'l' l<> ;1utilnri /l' ll w \11111 ~'· ii ign1 1r,·d l :ity \l;llf's r<'1n111 ll ll'!l d;11i 11 11 lor a11 l'q 11 it;i lilt • r.1 t1· illll\'.l\l' <l ild , l'illll l'l, ;1d 11p ll'd cl disuim iJJ <lt <>ry ~() jll'ft t'lll i!ltTl'.l\l' ;1\Sl'\,\l'd \O il'J y <Ill 111 11 ,idv -< :it v rt·,id l'!ll.' ;111d hu,i - ll l'S'l''· .'i11hwqt1l'!l l In <:i1 y < ouri - l ii\ r.11t-i11n1 ·.1 ,t· di:chi1111 , 11 >11- li<'l'i or dhlri rh jP illl'd togt·llll'r 11 .1 rur 1ll I ill' i.ittil'lllll Sl'Wt·r }{a ll'< :11c1 li\ior1 .11 1tl IH<H l't'<kd w i l li llH r ;1t1 • qud)' d t ''J'if l' lil v ( '.it y\ d l'ch iP!l I<> 11111 11artici - p;1it·. i'J(1J"P\:1h Wl'f\' \oJ icil \'ti il'lllll ll w h 1•,1 uli lit v r;1t 1· 11111 - s ul1.111 b in ll.11· ll nil t·tl S1;1l t''· l ttflt·li ~ i'iu:1m ic1l l ':.1 11 - \t1lt .111l \, l11 c ., h l\H lqu;ir tt-rl'd in 1..:o111 \,1~ \ 'il y, Mh\n 11ri , w;1s ll lli111.1 l<·lv .\l'l1·1 led I P ('(\IJ<illl l lil t' \tud v. l l1 e 'lull\' h p ro .~rc:~~i11g ;1J1d b ~cl 'J,·dull-d t o J 1,· nimplt•tL•d in !a ll' t'v1.i y 200'.!. l :1imnw111\ wi ll bl' "lli ci tl'd 11 11 111 1.ittk·l o n q;1lf ;111,•r whiriJ tl H:' li n.il rt•p 11 rt w ill IH' J'H'\l'llt - l'd l11 <0 111 1,·t t1 >r di\tritl 111 1.inh "r d i rL'c 11 •r ; and Lil lll'lo11 Ci I v < :ou 1 Jl'i I. l Jprh lt ·~ 0 11 li ll' r;rl t' 't ud v w ill hl' pml t·d pl'ri11di(';illy lo l'l.Jlll' ( :a11 y 1>11 \ Wei> .,ik www. p J,1 lt l 'l ,JJl )'<JI I. or):. from pag e 7 illg :1 ;t ,1ll' agl'lllY ;1, llll'dic1tur. ·1 h is t•llml tailt·d a' ;1 rl'~u lt n t t ill' ;1gl'!l!'}''' i11 ;1l>il i1y tn tlvvntc- <1 d c qu ;1t v 1't">11ur1 ·v\ t11 1';11 ·ilil all' lll t•;111i11 gf11I dhl'll\\illl l.,, Sl't•i 11 g lirllit l'd 11 p1 1(1rlu11i- li l'; t o ;nld1 l's~ th v ( \1 ,dili.u n \ l'<ll1l'l'n1\, ti ll' .~i'llllJl .1).:l'l'l'd '"' 'p11 r~t h ' l cg i ~l ;1tii•11 ln im p11\t ' a11 11h li g;1li111 11J1 1 w;1\ll'w a1"r lrL·;1l- 111t·111 u lililil'\ l11 .t\\L'\\ ra lt'' ill .r fai r .an d 1:quil;1b1L-tll;111m·r. /\h i ll wa; i11lr1H IU t ('d I)\' lh·pr1 ";l·111 ;1tivt· Ji m ~;l'r r c.11n 1 .\\'11 ,1111r Mil,l' l\npp ti"• ;1 nw11d n11T1•11I Jaw 111 n •quin· r.111 ·,, I< ii Is , cli;irgl'\ ;111d fn·\ ;1d o 111 t·d by ;,i c il v p r t11 w u l1xa lt·d iu .1n url>;111 .1n ·;1 .11HI wrv i11g 111or ,. lh ;1n SO p r·rrr·111 n l ii \ 11.\t'l'\ <>lll\i d t· ih iJ,,rdl'r\, lw 1111t nnl~· "ju\t, r1·;.1•;1111;1l>J1• .1111 I lll'\'l'\\;lfv, ln1l ii l:' ha sl:'d llJ"'li ;i d t ·1n 11 11 - ~tr ;1l l'l.l at'lual rmt nf 'l'n·iu-." 'l'lw priihll'm ;1' l 'Xpl ai n cd by R1 ·p . !<(T r i\ I hat 71 > 1wrcc"nl n r ll H· l .illl1·l1111 l r1 ·;1t111t·Jl l pl ;111t l'll ,[<l !ll l'l'S l'l'~id1 · \ll lt\itk ('it\ Ii m il\ Jtid li uv,· n 11 ;;1y ill ilo1•· r~I \'' ;Jfl.' ~l'I . ( lu1s itlv (I TV ll 'il'f\ IJa n· 11 11 l'l'J)J'('\1·111 a 1i1111 i11 llll.' r.1 lt' w t li11.~ 1111111:". !\ 111t ·l'l i11 g in v11 l\'i 11g k'gi,1.i - lur' ;tlu1 1g wi lli Li i v lt'fl ll''l'll · t.11i v1 ·\ nn·11r r1 ·ll pri1>r to til l' tir \I !waring nl Rq1. K1·rr\ .111d S\'11 <1t 11r K11pp \ hill hl'111n · til l' I lllll 'il' i.tl\dJ ( ><l\/l.'r!lllll't ll l:1111 1- lllill l'l'. Tl11: l ll<'t'li 11 g rv,u lt v d i11 ;111a g r<.'l 'lll l'll l.11f til e p.irli l'~ 111 \l'MCll for ;1 rL ·~ulut io n "' tli<.'ir disp11t1 • nl1t~i d1• of t ill' lvghl ;1- I iv1· 1 1r 11 n·~'- l11 l l'\jlllJ l\l', J{<.'JI. i\L'll ;1grt•t·d I 11 P• ,.,, Ill 11 tl' 1 t11l'ii1 lt-1 · ;1li 1111 11f t[H· Jl fl>JlO\l'd hill \tl l'Ji;1lik til e partit'\ 111 1·1111l irll1 t· to rt'a1·1l .111 ;1u ·n ntlll llda li nn 1\\ o l tlih d ii t l', ( :it y ;111tl ( '.11;tliliu11 l'l'JH!'\\'lll :1liVl'\ ilr l' l'l llllillllill g di sn 1 ~\ill11 \ i11l ilt·111 >pl' lll;il ii i'L''iO Jlllillll l'clll l >t: t'l'il ('IJ l'd lwfnw t l w :'fl I fl 1.-g is l;ll i w 'it'\ \i1 ll l. PRESORT ED STANDARD U.S. POSTAGE PAID BROOMFIELD, CO 80020 PERMIT 220 Hn9 W . C'<l;il Milll' 1\Vl'llll l' I.it lklor1 1 < :olnr;1do 801 23 •)<n -1J7 '1-233.{ 11 .. I.I I ..... ,II, 1 I ,ll .. l .. II .. II,,,., 11 .. I, I ... I.I, .. 11.1 .. 11 17 * l *************SCH 5-DIG!T 8u 12.'i OWN F.IUOCCl IP .l\NT '72 l \VEST C'HESTNL l'l .-\\'l ~NLJF l.ITTlYIC>N ('()XO I 2X -W3:i I Sewer connection districts form coalition to contest rates .« I l iL'f i ilL· < :1t y l>I Liltil-1(1/1 i111prnnl ;1 ()J'l('-s id ('(I 20 (l l'f ( l.'111 \l'Wl'f ~L·r ViL l ' d1argl' illCl'l';JSl' C)IJ •Hlhid1•-( :11y n1s l ll llll'f' ;11111110 ill\'f \.'.I\<' 11 11 l.ill l1.>tllll n1.~tolllt'f' in 2008, ;·1 1.111 m lwr 111 w;i lv1 a nd ,;111 iL1lirn1 di\1rit 'I'> joi rwd l1.1g l'il 1l'r t" f1 •fill I ll e l.i ll l1·10 11 ~ewer lt1tl' < :11 ~ilitirn1. Tin· j)llJ'f'O\l' of !Ill' ( :nalition h to Jlflll lHlll' f;1ir ;1111 i l'']uitahk \f"W1 ·r r;11t ·\ ;111d l ;1p iv 1·-; l1>r I ll\ 'I ll 11,·r 1·11'1\ lllll'f\. Littleton Sewer Rate Coalition The Coalition i s comp ris ed o f the following local governmen ts: Platte Canyon Water and Sanitation District Southwest Metropolitan Water and Sanitation District Ken-Caryl Ranch Water and San itation District Grant Water and Sanitation District Roxborough Water ond Sanitation District Meadowbrook-Fairview Metropolitan District Coali ti on mem b e rs provi de se w e r col- lecti on an d tra ns m iss io n se rvice s for 68 p erce nt o f th e cus to me r s ser ved b y Litt le- ton's portion of the Li ttl e to n -E ng lewood Waste w a ter Treatme nt Pla nt. T ill'< :o;iliti1>11 i11 iti;1l ly 'in11 ghl Ill .1111v11d "a' h 1111·m lwr \ O.<"W<T .-.)11 111·1 li1>11 .igrl't'll\1"111 wi l il Il l\'< :i t y 11 1 Liltil'l w1 t" r1 ·q11ir l' 11!;11 'L·w,·r 1<1 11•\ Ii\· L''la l'olhli ed U\- i11.~ ;1 wa'.kw;1tl'r ulilily '-"'·I of .\vrv in· a11 - p r11 ;w h . rllt l'r l .ittil'tC111 r<:IJ1,vd '" L\J ll ,iLkr IT Visi OIJ ·; l o 11 11' ;1grn·m1·11I \, lh l' I :o ;ll i li1H1 \illlglll lo •ljll'll ;J di.dog11 1' WJ th 111<· ( 'ity II\- Se c• Coalition 0 11 paye 2 Visit us at our Web site www.plattecanyon.org where you can learn much more about Your Water and the workings of the District. Littleton bumps rates 6 % Sewer rates to rise in 2009 a11it~r y .\1·w ,·r 't'rvin' hilh •w lwd u ll'd tn 111 ill i1111 d11 ll ;1r l'\jlt•11di1u1"<· 1i1 n wvt m n n · lw 111 il ill ·d lo l'la l ll' C '<1111.'flJl 1T\i\1 1'1JI ' \1rir1gt:11 t w;1tt·r qu,1 lil y n·g 1il atin11' ill 11 11· 1>ll.)ll i lt.' I.\ 20\)'I w ill 11'11<•< I ;1 '>iX jJL'l'L'l'lll illUT;JSl' ll\'\'I' :?.008 c ha rgt•\. /\111111 ;d d1;ffgL'' t11r ;1 o,ingk fa mil y l u1 111enw 11 er in l'la t t l' ( ·:111 y 1H 1 wi l l ll(' $ l ')0 .8 7, J s l!U~O i111 n ·~''' lfl11 n t lw 20!l8 r;1tt • ol $1 N1U l7. St·r - viu: .-l1;1rgL'' tor 1111il t i-l;1 111 ily 111slunwr' wil l risv <;<>_ LX frulll $1 ~·\.tlf1 i11 200K lo~ I r,:~.2.J tl 1 i ' year. 1 lw i11 c1t ".I\\' h nn·dvd I•• p ;1y f<1r in n ,·;1-.vd .-.v w\•r tn·:1t111L'lll p lall l opnation a11d 111;1inll'!lancc co sts :1' w1·ll :1 .\ dl'bt 'l'r- vi1 ,. l'Xjl<'lldillHt '\. T I H' six r('f\'\'lll in n \\l,l' wi ll ht• a.\\!'.\Wd to a ll u wr\ o f I i ll' l itth•ln1J - L11g kwuod WJ.\lewall'l' Trt•;1t 111 e 11 t l'l.11 11 including r L·~id,•111\ of Li llldrn1 J.\1Vl'll a.-. n•s1 d\'llh sv rvPd lw rtHllll'l'lor d i st r il b s ud1 as l 'L 1l tt· l '<111y 1H1 . In 2 C~IS , J.itll<-11111 i111pos1 ·d ;1 20 rwn T 11t iuu1·;1st• 011 \"!llllll'l llJJ' dislril:I r L·s itl1 "11h while h11ldi11g Lit l il'lllll r<1t l'~ llil' ~.i 1 m· ;10, lhl' prcvinm y<.\IJ_ C'1.1 11JlL'< tm dhtrirt boJnh and citi 7.l'll\ vt'IJ1:r111•n 1J y nhjlT t1·d In lh1· dit- k r1 ·ri l i.1 l c la iming it w;1' dhnimi11;1ii )ry ;11111 1111ju stif11 ·d . Tl 1l' l'l<ille C 111 ~•on lln;1r d of llin·i·lrns r cl'og ni zc~ ;11 nl su pporls I ill' lll ·L·d lll ra i ~L.' s1'WL·r rail'' to t1111d kgi tim;ik and m·r,·~~,11 y 11p 1·r:1 1i11g , rJ 11it ;1 I m ;1intl'n ;1 11n · a n d dl'i>t w rvi1t' Llls l \ l>11l tnrlli11111 ·'> I•> ass1·rt 'lltl l i11\'11·;J'1·' h t· a-.s1 ·.-.wd i 11 ;1 tair ;11 1d l'IJU i l;1l,l1• 111 ;11 111,·r ;1ml ll l' l>;1s<'d Otl ti I L' .1llu .1l c:m.t 111 provitli 11g \L'lV itL' tu l.\Kll n 1.\l1>1l ll'l' c;1kg11 - ry. 1.\l'I.' ;1rl il il.'s 11 11 r.111· studv ;in d kgisl.iihc· 1·11111'1.i It i-. •p1it1: lif..1·ly 111.11. wwn "·rY in· t li.ugv\ wi l l 1'111li 11 111· t• • ri 'r-11vvr t lw 111.·:xl fl.'W )'L\lf\ ,l\ l.1 p f<.-1· H'\'\'llllL'\ i!lld i1 1it•rt·s! t ill i rll'l'\ll'd r1·\1'fVL' futnh den1·<l.'>l'. 111 addiliuu, I .ittil't 11n will Ill' 11111 frnnll'd wi ll! .i 11 1ulti - J IL'.\ I fl'W y\';Jf\. ( :rn 1111 ·ctm disl rills will L·u1it iJll ll' t.> S\'l'K Ill l'llS!ll\' t hc1 t fullll'\' r;1tl' in.rt ;l't'\ ;1r L' i111p r><it'd ''fl ;1 11d11-di»rr imin;i111 rv li;hh ,1nd l>1· .l.SW\\i.'l l 11 11 .11 1>'-I <>I Sl 'l \'i• 1· h;1\h . .... a 200 180 16() 140 ~ 120 ... Ill 0. 100 "' ... 2 80 0 0 60 20 0 Outside-Littleton Sanitary Sewer Utility Charges 2008 2009 Multi family Sin g le Fa mi ly .-..-~~~ Commercial Rotes 2009 Ru le $2.08/ l 000 f:JOI 2008 Rote $I . 96/ I 000 gol. I Platte Canyon participates in comprehensive study of rates with other districts Coalition looks at sewer rates from poge 1 uri11g Litlklwl u11 · l :rn1m ·i/ dc/i1Jer;1 tinn\ <.1V('I' ~;1nit;1ry '\t'Wl'I \PrVill ~ t l)itrgl1 adj11,111w11I\ i11 2 (1()1), l'l<illv C:;lll\'!111 ;1 11d lll!Jl'I llllllll'd<>f dhtrid l'l'Pfl'\t'Jll<itiH·~ 11rgt•d < :ouncil 11u ·111l x·r~ to ('<•1Hl11ct a proks.,i1•11.1/, 1111hi.1't'l l u1111pn·- ln·11,iv" r.11v 'tudy. Tlw dhtri1 I\ ul lt·n,d I 11 ,11,, r1 · I li e 'ost '1 l I ht • o;ludv u11 ii pn1p1 11'lill11,i/ fl.i\h. Not 1111/v did C:11u1lt ii rl'f11,e l" ;iut/1f1ri1e tlw "udy, 11 ign11rtd l :ity <;1 ;1lf's r"' 1H11 llll 'IHl ;1lit1ll for ;tll l'(jliit;J/J!P I.il l' illll'l'd\l' dill}, iillhl'I, ,Jd11pi<:d .1 dhlri1t1iuat11r y :!fl /ll'r<e111 i111 n ·.iw a\\(''''·d \(>kl y 1111 ""''idt•-< :ity 11·,id l'nt s ;ind !Ju,i· 11\'\\l'\. S11l1-;vq111'1ll 111 c :i1y c rnrn - lil\ r.1k irll.'fl"l'l' dechi••li, t•>r 1- lll'l'lt1r dhirit h i<>i 11vd logvll11·r ll! rurnr /lit• 1.ittll'lllll Sl'Wl'I' f{,1t1: < :11,Jli\iflll .111<1 /H<ll 'l'l'lkd wilh tli< r ;1lt' \(lid)' dl ''Jlil(' lill' ( '.ily\ dl'l'h iPll 111 11111 11a1 I il'i- p;ill'. /'1 P [ll>';11,\ Wt'r\' \tJ/jl ·it1 •d ln1111 tlw h1 •\I utilit y r;1\\' ll •ll· s ul t .111t~ i11 tl11· l l11itl'll St;11l'\. lttftl'lh Fi1 1;1m iJI C11 11 - -;ult .111l \, lrw , lw.id<]t1 ;1r!t'1rt1 ill /..:.i11-;,1~ I 'ily, Mhsn11ri, w;1s ulli111.1 l<·lv .\l'll'< ll'<i IP l'lllidut I llw 'tudv. I li e \l11dv h pr11 ,l.!l'c\\i11g ;ind b ~Chl'dukd lo Ill· complt'll•d in lall' tvl.1y 2001.l. < :11111nw111\ will I.it • '•)licitl·d 11 .. 111 1.ittll'l o ll q;1!1 ;1/t.'r whit'IJ the li11.1/ rq>11rl will Ill' ['f<'\l'lll - t·d Ii> l Olllll·< l<lf di\lriL I / 1p .irth nl dirL•ci<>r\ and Littktun ('ily ( :0 11111 ii . I Jprlall'S 011 1 lw rail' 'tudy will 111· p11\l1·d pvrilldi!'ally to l'l.ilh.' ( 0illl V<>i)\ Wl"h \ii<' IVIVW. p l.! l ll'l ,111 VI ll I . UI'):. i11 ,1.: ;1 \l,1tL' agl'ltl·r ;1~ 111t·tli.itur. ·1 his dfor t tai ll·d a' ;1 rl''it1lt r•l till' ;1g<.'l'll'}'\ i11;1/1 il ily 1<'1 f/t<VOk "d"q1 1;111· 1"L·\11111'1 ·v, t" ra1 ·i lil;i\(' lll l•;111i11ghil di<.!'11 \\ill l l\. SvL•i 11g l illlilt·d 01•1•<•rlu11i- lil'\ lo <idllTl'S\ th l' ( :11.1lili.u1 1\ c<111n·rn,, tlw gn•up :ig1"<·"d 111 'p11r~1i-· leghl;1tin11 I n im11<1\l ' ;i11 oh lig;1ti1111 ''" wa\tt•w;ill'r lrl·;1 1- lill'lll Uli/iliL'\ !11 ,!\\l'\\1'1ll'\ ill c1 f<iir and equit;1bk t11 ;1 11ul·r. i\ hill w;1\ i1lll'<ICIUt('d /Jv l(t 'JHl ''i t'ntativt· Jim Kl'rr Jlltl Sl 0 11.1t11r Mikt' h:npp 1<·1 ;lllll'llli cu 1Tt•11I l;1w lt1 n •quin· r.ill'\, 11 !/Is , cil;irgl'\ ;11 l(/ ft0 L'\ ;1dOJll l 0 d by ;i citv or towll lul·a1nl i11 .111 ur/>;111 :1n·;1 .11HI '"rvi11g 111orl· tJi ;111 $(1 JWffi'l11 nl il'i i!Wl'\ <H lhiclt' ih llllrdr•r\, ll\0 1111t <•Ill)· "ju\l, n ·a·;111wlilt• .111d 11l'n•\\a!')', l>ul l•e ba\l'd 1q 11 11 1 ;1 dl'lll 1J11 - \tr;1tl'd adu;l/ Cll\t nf 'vn·ict ." Thl' pri1hlt·m "' t·.-.;p laint:d by J(1·p. l<Nr io; th~t /IJ pr-ru·nt of l hv l .i lll <·l1111 lrl';111m ·111 p l;1111 Ui~l<lllll'r S fl·,idt· \lllt\idl· ('ii\ lilllil \ a11d ltaw no ~;1y in !lo\\' ral\'S ;If\' ~l'I . ( lt1hid" ( .1tv 11\t·r" haVl ' 1111 rqH('\\'IJl ;Jlillll i11 lilt: r.it c .wtti11g prou:\\. i\ illl'l:lill ,I.! invol v in g ll:'i;i,l.i- lt11 ·, ;i/tJ11g will1 Li iv ll'J Ht''l'll · t.11iv•·' l>Cc1irrl'll pri<)f' tn till' lir-;t tw;iring ol RP/l. K<·rr\ .111d St·11 ,1111r l\npp\ hill lwl11n · l )ll' llllll 'il' l.ot ,d (ot1Vt'1'1111H 'tll ( :11111 - lllill l'l'. T l 11.· llll'\0 li11g n·\lilkd i11 ;111 <1grt'l'llll'lll t1f the 1'.iflil ·~ Ill 'l'a rrh for ;1 rl'\11lut1011 t1f th,·ir disp11tl' t1111\i<k <•1 till' ll'ghl .1- 1 iVl' J'l'll('('\\. 111 "''1 '"11\t', lk11 . l\v 11 ;1grn·d 111 r11 "' Jl' >Ill' 11111o;idl'1 . ;itil111 11f tlH· 1•rt•pmL·d hill 1<1 \'11;i/1!" the partil'' to \'llf lli11ul' (!1 fl';Jt'il d ll <IU 'Ollllll<HJ ;1liPl1 ;\'. 11 1 !Ith dall', < :it y ;1rnl < '11;i/itit111 l'l'/H<.'\l'lll;1tivt•\ an· 1·rn1lilll1i11g disl'll\\i\111\ ill llit• liP/ll' th.ii a fl'\u l uti1111 c,111 lie r1:;1cill'l.I hdon • t'lw :70 I IJ Jto g is l;lli Vl' 'il'\ \i1lll. PRESORT ED STANDARD U .S. POSTAG E PAID BROOMFIELD, CO 80020 PERMIT 220 HTN W . Co<tl Milll' 1\Vl'llLIL' l.itlll'io 11 , < :olorado 80 123 :{<n-lJ ?lJ-23 :~.1 11 •• 1.11 •••••• 11 •• 1.11 •• 1 •• 11 •• 11 ••••• 11 •• 1.1 ••• 1.1 ••• 11.1 •• 11 17* 1 *************SCH 5-DIG !T 80 I 25 OWNEJ'{IOC 'C'l IP/\NT .~721 WEST C'HESTNLl'I .-\\'l~NLIE l.ITTL. LT(HJ CO XO I 28-<11l3 5