HomeMy WebLinkAboutWater Board - Minutes - 01/19/1990Water Board Minutes
January 19, 1990
Members Present
Henry Caulfield, President, Tom Sanders, Vice President, Neil Grigg, MaryLou
Smith, Terry Podmore, Tom Moore, Tim Dow, Tom Brown, Paul Clopper (alt.)
Staff
Rich Shannon, Mike Smith, Dennis Bode, Linda Burger, Jim Hibbard, Wendy
Williams, Andy Pineda, Molly Nortier, Paul Eckman, Assistant City Attorney
Guest
Dorothy Huff, Larimer County League of Women Voters Observer
Members Absent
Dave Stewart, Ray Herrmann, Mark Casey
President Henry Caulfield opened the meeting. The following items were
discussed:
Minutes
The minutes of November 17, 1989 were approved as distributed.
Update Northern Colorado Water Conservancy District
Due to other commitments, no representative from the District was present,
but Henry Caulfield brought up two points, the first relating to the Dis-
trict boundaries going below the Weld and Boulder County lines. A few
months ago the Board was given a memo prepared by the District which dis-
cussed the alternative possibilities with regard to this issue. Mr. Caul-
field suggested that this be put on the agenda for the next meeting.
Mr. Caulfield also asked about the status of the Northern District's
regional study in which the City is participating. Mike Smith related that
the study may be a month late. It is expected that it will be completed in
June instead of May. From this point the study will include some conceptual
designs.
Agreement with Fort Collins -Loveland Water District
Mike Smith reported that the contract with the Fort Collins -Loveland Water
District to sell them treated water is nearly ready. All it needs is the
attorney for the District's approval. Then it can be reviewed by the Water
Board. "We had hoped to have it for today's meeting," he said.
Water Board Minutes
January 19, 1990
Page 2
Raw Water Irrigation Policy
At its August meeting, the Water Board discussed the advantages of providing
financial incentives for conversion of existing irrigation systems from
treated water to raw water. The Board approved a motion 7-1 directing staff
to develop a policy that would benefit both the community at large as well
as the Utility in terms of water conservation and saving plant capacity.
Webb Jones reported that staff prepared a proposal, which Board members
received in their packets, that provides rebates for customers converting to
raw water irrigation. Rebates provided by the Utility would be based on the
value of water treatment plant capacity needed to supply the water
requirements of an irrigated area.
Mr. Jones related that the proposed policy attempts to encourage conversion
to raw water for the benefit of both the customer and the Utility. The pol-
icy treats all customers the same regardless of the cost or type of improve-
ments necessary to convert to raw water. He added that it is also fairly
easy to understand and applicable to any existing customer able to utilize
raw water for irrigation.
Staff outlined some procedures included in the memo. "Essentially we have
come up with a rebate program," he began, "that places a value on the ser-
vices that the customer would be disconnecting. The Utility would give them
some amount that would reflect the value of those services.
What staff is asking is the Water Board's approval of this procedure today
and then it would be passed on to the City Council where it would be put
in the form of an ordinance.
Tom Sanders asked if the rebate would be in a lump sum. "That is our
thought at this time," Mr. Jones replied. Dr. Sanders also asked, "according
to the table in the memo, if I had an acre of land at 43,560 sq. ft., would
I get $2500 back from the City?" "If you had a water service that was worth
more than $2500, but for example if you had a water service that was worth
only $1600, we would only give you $1600," Mr. Jones explained. The value
of the service is based on the current PIF for that size service. "If I went
back to treated water what would I pay?" You would pay the cost of the PIF
for whatever service is required at that time.
Neil Grigg asked, "Is this the policy or would we draft the policy after-
wards?" "This is the bulk of what staff thinks the policy should consist
of," Mr. Jones replied. It may need some fine tuning, he added.
Henry Caulfield said that there is no credit for the value of water rights
that have been supplied to the City. Furthermore, the Utility is not
agreeing to supply them with raw water. However, there is a provision that
if we own some stock in Arthur Ditch or whatever and we want to sell it to
them as their raw water supply, we can. Mr. Jones clarified that it would
be a rental agreement, not a sale.
Water Board Minus •
January 19, 1990
Page 3
"Let's say we went ahead with this policy," Henry Caulfield asked, "would
the Board of Directors of the Arthur Ditch, for example, say we could rent
that water at a higher price than the assessment cost to Parkwood? Here the
City is undercutting us by agreement to rent it at the assessment cost, they
might say. Is there any possibility of that scenario coming up?" Dennis
Bode replied that he didn't think so. As a company they don't own very many
shares. Mr. Bode believes it could be worked out so there wouldn't be a
problem like that. Mr. Caulfield suggested an idea that if there were a
situation where we were undercutting the market, we could meet the market.
"That would allow us some flexibility to establish what the going rate is as
opposed to the assessment rate," Mr. Jones said. Linda Burger added that
probably the thing to do would be to revise this so that we are renting
water at the same rate that is established by staff for agricultural use.
"That's the idea," Mr. Caulfield agreed.
Tom Brown pointed out that the memo says the rebate would be based on the
value of water treatment plant capacity. He asked for an explanation.
Webb Jones explained: "Our finance department maintains a depreciated book
value of all our fixed assets. It's broken out into several categories, one
of which is treatment facilities. They say those facilities are worth so
many million dollars; and you divide that by what your capacity is and come
up with the unit cost per gallon. It would reflect our investment over time
in those treatment facilities. Right now, based on the most current numbers,
that works out to be $.37 per gallon."
"So it has to do more with the current cost of the facilities than having to
expand the facilities," MaryLou Smith observed. "That's right, it's not an
incremental cost," Mr. Jones said.
Is it a cost to create new capacity which we no longer have to create now
because somebody is no longer using it? Tom Brown asked. "No, the book value
would include expansions that were completed 10 years ago that have been
depreciated in that time, so it wouldn't be a reflection of what that next
increment would cost," Mr. Jones explained. Mike Smith added: "We would
anticipate if we had to build more capacity, it would be a higher cost than
that." "In addition, you are not offering them any money for the savings in
operations costs," Mr. Brown observed. That's right, was the answer. Mr.
Brown thinks what we are avoiding by doing this is building new plant capac-
ity and treating that water with that capacity, so we are offering them
something less in both cases. "We're not giving them back their water right
either," Mr. Caulfield added, "so there is a value they are giving up."
Tom Sanders contends that this policy is not equitable because only areas
that are contiguous to an irrigation ditch could take advantage of it, so
"only a very small group of people could benefit from this," he emphasized.
There are those who have access to a reservoir or small lake, Webb Jones
pointed out, and "there have been people who have talked to us about wells,
but I don't know how much potential is there," he added.
Water Board Minutes
January 19, 1990
Page 4
"This is a very complex issue," Neil Grigg believes. How far does staff
want the Water Board to go with it today? "We could pass a resolution sup-
porting the concept, but with the many questions that are on the table, I
don't see any way we could resolve all of them today." Mr. Caulfield said
that last time the Board supported the concept. "Could we say this time
that this is at least the line we should be pursuing?"
Dr. Grigg pointed out that this policy is based on a conservative approach
and we wouldn't be taking a lot of risk by implementing it. He said he would
be willing to move ahead on an experimental basis. He added that he
wouldn't say it would foreclose more experiments concerning things that
might be more equitable in the future.
Linda Burger clarified that we do need at least a general ordinance author-
izing us to implement a policy and that the details could be in the policy.
"In order to be responsive to Parkwood, there is a time consideration," she
added, "in that they would like to implement their raw water irrigation sys-
tem in time for spring."
Did Parkwood agree to this? Mr. Caulfield asked. "In general they were
receptive to it," Mr. Jones responded.
Neil Grigg moved that the Water Board endorse the raw water Irrigation con-
cept with 2 provisions: 1) Endorse drafting of a general ordinance that
would authorize it, and 2) Refer the specifics of the policy to the Legisla-
tive/finance Committee for more detailed study of the equity. Terry Podmore
seconded the motion.
Paul Clopper had a question about item No. 4 in the policy where it talks
about physical separation. "Did you envision inspections by City staff or a
certified plumber to make sure it is done correctly?" Webb Jones replied
that staff thought the Utility would go in and actually remove the meters
and create an air gap so there wouldn't be any potential for a cross connec-
tion; "and actually shut the services off, because we are the only ones with
the authority to do that," he added. He explained further that it wouldn't
mean actually digging up the street and disconnecting the service line,
because there is always some potential that they will need it in the future.
Rich Shannon commented on item No. 6 which states: "Conversion to the raw
water irrigation system for which the rebate is being made must be complete
within 6 months of the date of the rebate. If the motion is approved and it
goes to the finance committee, he would like the Board to discuss whether
the payment is before or after the work is done. "I'm personally not com-
fortable handing the money out until the work is done," he said. Linda
Burger said she has taken that up with the City Attorney's office and didn't
have a chance to brief Mr. Shannon on it. The attorney suggested that
rather than taking the approach in the proposed policy, we provide the
rebate as soon as the treated water irrigation system is disconnected; so
they don't have to come up with all the money up front, but they do have to
make the commitment in terms of no longer having the treated water avail-
able."
Water Board Minus •
January 19, 1990
Page 5
Tom Moore related that "he's not real crazy about this whole idea." "Let's
say someone had 2 acres of lawn; what would they be charged for their tap?
Mr. Jones replied that a two acre irrigated area would probably require a 1
inch tap and the current PIF is $5,000. "We are returning to them just the
$5,000 and not the raw water" Mr. Moore asked. "That's correct," Mr. Jones
said. "Is this going to create a situation where someone says he no longer
needs his water tap and asks to be paid back for it?" Mr. Moore wondered.
"This has not been City policy, and I think you are opening up some other
problems, as well," he insisted.
"That certainly is not our intention," Mr. Jones responded. "It may be that
we need to make that clear in whatever policy we come up with," he sug-
gested. He pointed out that in Parkwood's case the value of those taps at
today's rates is $54,000. They have 5 or 6 taps and an irrigated area of
about 10 acres.
Tom Sanders wanted to know where the money would come from to pay them.
"It would be PIF money, I would think," Mr. Jones answered. "It wouldn't be
our raw water?" Dr. Sanders asked. "No, It would not."
Linda Burger wanted a clarification of the motion. "In endorsing drafting
of an ordinance, is that all the further you were intending to go or are you
endorsing drafting an ordinance and taking it to City Council?" The intent
of the motion was to respond to the fact that an ordinance is needed to
authorize this, Neil Grigg replied. Henry Caulfield contends that the ordi-
nance should come back first to the Water Board in February.
"Let's keep in mind that the original request was that we provide a zero
interest loan to Parkwood and other similarly situated parties, for consid-
erably more money than the rebate," Ms. Burger reminded the Board. The
direction staff was given was to come up with something that was less oner-
ous to the City, than that approach. "We came up with a policy that elimi-
nates the administration of a loan program, as well as a far smaller amount
of money," she stressed.
Mr. Caulfield responded that there are Board members who would vote against
the policy entirely and that is why we need further debate on the issue, not
just to speed the process up because Parkwood wants it. "However , I agree
with what you just said," he added.
Mike Smith suggested that perhaps staff could pursue an agreement between
Parkwood and the City just for their special case.
Dr. Grigg said it seems to him if we authorize the ordinance that is just a
statement of general intent which seems to be a good idea. "If we can get
people to convert landscape off of treated water, that will be good for us.
I wonder if anyone on the Board objects to that general idea?"
Water Board Minutes
January 19, 1990
Page 6
Paul Eckman believes the ordinance ought to be specific enough to give
staff guidance on how to administer it. "I think if it is going to be a
matter of continuing jurisdiction until it's repealed, it's a legislative
act," he stated, "and it ought to be codified."
Tim Dow asked if there are any other "Parkwoods" out there now that have
been identified as possible candidates for this, and what's the market for
this sort of thing? "We have been contacted by three associations," Mr.
Jones replied. Parkwood is further along than most. Lake Sherwood and
Warren Shores have also approached the Utility.
Attorney Eckman reiterated what Mike Smith suggested earlier that we could
just go to Council to approve an agreement for this purpose with Parkwood.
"It would however, be difficult to say no to the next group that came along
who was similarly situated to Parkwood and wanted the same deal," he
stressed.
Tim Dow suggested the possibility of going one step further where we could
have an affirmative policy as a part of the PUD that encourages new subdivi-
sions to irrigate green space with raw water to get some additional points
under the Land Guidance System.
Ms. Burger clarified that this draft policy addresses only existing taps;
not any new development.
Tom Sanders brought up another aspect which he believes could become a
future water quality issue. "We would be spreading untreated water all over
town," he contends. "It's something we should not ignore," he insisted.
However, he still considers the equity issue to be the greater of the two.
Chairman Caulfield called for the question. Six members voted in favor of
the motion. Tom Moore and Tom Sanders voted against it for reasons stated
previously. MaryLou Smith abstained due to a conflict, because her firm has
done some work for the Parkwood Homeowners's Association related to this
policy. She stated, however, that she has some strong feelings on the sub-
ject as chairman of the Conservation and Public Education Committee.
The motion passed 6-2 with 1 abstention.
Mountain View Sanitation District - Rates
Because a few problems arose with the rates issue, staff decided to postpone
this item and ask the Legislative/Finance Committee to look at it. Mike
Smith explained that the attorney for the Mountain View Sanitation District
asked that when the District is dissolved, former customers of the District
be granted inside city rates. The issue is more complicated than that, Mr.
Smith stressed. For example, will we then treat all customers within the
Urban Growth Area boundaries the same way, and how will that impact the
planning issues? This may even be referred to the newly created Council
Water Board Committee considering the Wastewater Master Plan, he said.
Eventually the Water Board will review any revisions or recommendations.
Water Board Minus •
January 19, 1990
Page 7
Wilderness Water Rights Update
At their November meeting the Water Board endorsed, in concept, a resolution
addressing the issue of Wilderness Water Rights that was to be reviewed also
by the Legislative Sub -committee of the City Council. Because a revised
version of the resolution was not available at the time of the meeting,
Linda Burger drafted a resolution and sent it out to all the Water Board
members who had been present at the November meeting in order that the vote
could be affirmed by phone, which it was.
It was subsequently scheduled to be heard in front of City Council at the
first meeting of December. During the interim between those two meetings,
Council members received a request from Sen. Wirth stating that he had some
concerns about the Wilderness Water Rights resolution and wanted the oppor-
tunity to talk with Council about those concerns before the resolution was
considered at their council session. As a result, it was pulled off the
agenda. There were letters and conversations exchanged among various people
of the City and Sen. Wirth's staff.
The legislative review committee decided that they had some discomfort with
the resolution because they felt it was still too broad and did not specifi-
cally enough address the potential impacts on the City's water rights. As a
result of that, the staff was asked to revise the resolution again so that
it more specifically addressed Fort Collins' concerns, and very carefully
avoided any partisan concerns or issues that were outside of Fort Collins.
"That was done," Ms. Burger concluded. Board members received a copy of the
new draft resolution as well as the agenda summary in their packets.
Mr. Caulfield asked where this new draft stands with the sub -committee.
"They met a few days ago and reviewed the resolution and thought it still
fit with the direction that was given by the Water Board," Ms. Burger
replied. Based on the recommendation of the Water Board Legislative Commit-
tee, Ms. Burger went on to the Council legislative group and let them know
that the Water Board was still in favor of the resolution. That group
decided to go forward with the resolution with a couple of minor changes and
scheduled it to be heard at the February 6 Council meeting. Ms. Burger
added that since that time there has been some further discussion and she
was not certain whether it would go forward on the 6th or exactly where the
issue is at this time.
"You referred to discussions with Sen. Wirth's staff; is there real resis-
tance to giving us this protection?" Mr. Caulfield asked. "I think that
Sen. Wirth was concerned that Fort Collins might be passing a resolution
that was specifically written to oppose his bill, similar to what was done
in Colorado Springs," Ms. Burger began. "Since he has seen the resolution
and we have had some discussion, I think he and his staff are recognizing
now that the City has some specialized concerns and that they would like to
work with us on resolving those concerns," she explained.
Water Board Minutes —
January 19, 1990
Page 8
"In his bill he has some specific areas that he mentions by name as having
special treatment," Mr. Caulfield related, "so the idea of certain rivers
having special provisions is not something he should resist." "There is
language in the bill that addresses the North Platte Wilderness Area and his
staff has indicated a willingness to consider re -drafting on that section.
Whether or not they are willing to consider a re -drafting of other trouble-
some sections, I don't know," Ms. Burger responded.
Mike Smith said staff will be meeting with one of Sen. Wirth's staff people
next week. "We'll know then how they feel about the new resolution."
Chairman Caulfield asked for comments and questions on the new resolution.
Linda Burger pointed out that there was concern that there might be some
confusion between the water rights cases currently going on in Greeley and
the Wilderness Water Rights issue, so in addition to the resolution and
agenda summary, there is a memo explaining the difference between the two.
Neil Grigg asked for a clarification of the changes in the resolution.
Henry Caulfield explained that it is technically different but in spirit
it's the same resolution that the Board approved previously. Mike Smith
further clarified that it is a revision to accommodate the Council Legisla-
tive Committee to adjust the water rights issue that impacts the City of
Fort Collins. Linda Burger added that one of the things Council wanted was
a little more detail in the resolution. Mr. Caulfield reiterated that the
concept of what the Board endorsed previously, remains.
Neil Grigg moved that the Water Board endorse the resolution. After Tom
Sanders' second, the motion carried unanimously.
Update on Wastewater Master Plan
Copies of the Wastewater Master Plan are now available. Mike Smith distrib-
uted copies of the full report to the Engineering Committee while the rest
of the Board requested executive summaries only.
Update on National Recreation Area
Henry Caulfield reminded the Board that the City Council appointed a citi-
zens task force to look further into the NRA question. Mr. Caulfield is
a member of that task force along with Howard Alden, A CSU professor in rec-
reation and Kenneth Ashley, a 40-year veteran of the National Park Service.
The committee has met with the regional director of the National Park Ser-
vice and his staff, and the regional director of the National Forest Service
and his staff. The group has also talked with Timnath residents who own
property east of I-25 to the Weld County line; at this time they are opposed
to designation in terms of their property rights.
In addition, they have discussed the issue with Fish and Wildlife, the SCS,
and the man in Greeley who is doing Greeley's NRA planning. Greeley doesn't
have much water in the City so they are primarily planning in the Weld
County area with the view that some of that area will eventually be in the
city. They are in the very preliminary stages. Mr. Caulfield mentioned that
Water Board Minus •
January 19, 1990
Page 9
apparently in Weld County many of the landowners along the River who have
been approached about a possible trail, are generally more supportive than
those in the Timnath area at this point. He pointed out, however, that the
property owners in the Timnath area have relatively small acreages whereas
in Weld County there are far larger individual acreages involved.
Mr. Caulfield indicated that water management of the Poudre River in its
broadest terms historically, is the only possible national significant item
to be considered in terms of an NRA. There are possibly 5 or 6 places in
the west which might be viewed as nationally important water management
areas with historic significance. Two CSU historians, Dan Tyler and Jim
Hansen, have laid some historical groundwork which could be very helpful if
this is pursued.
The task force plans to set forth 3 or 4 alternatives in their report. He
emphasized that the committee is very sensitive to the concept of local
autonomy in general. Their alternatives will spell out what the local oppor-
tunities are. "There are possibilities, even if there were a national
designation by national legislation, of having a situation where there is
local control," he stressed. He suspects that the committee will emerge
with some kind of a phased program. Mr. Caulfield will keep the Board
informed of any new developments.
Mr. Caulfield announced that a regional meeting of Greeley, Loveland, Long-
mont and Fort Collins water directors and water board presidents has been
scheduled to discuss the Water Bank idea put forth by the Chamber of Com-
merce water committee. Neil Grigg confirmed that the meeting will be at
2:00 on Feb. 7 at the NCWCD office in Loveland.
Staff Reports
Dennis Bode announced that staff is preparing a final treated water
production summary report for 1989 which will be distributed to the Board in
their packets.
Committee Reports
Legislative/Finance Committee
Tim Dow reported that his committee will be meeting on a regular basis
through the state legislative session through March. The City Council needs
Water Board recommendations on positions. That creates a timing problem for
the committee. What they plan to do is meet two times a month on the first
and third Thursdays at 8:00 in the morning in the small Utility conference
room. At that time they will review current legislative proposals, and the
committee will take positions and communicate those to Wendy Williams or
Linda Burger. Those positions will the be communicated to the Council Leg-
islative Committee as positions of the committee representing the Water
Board. The Committee will then report their actions to the Board for the
next 2 months. Mr. Dow invited any interested Board members to attend their
meetings. Mr. Caulfield took this opportunity to say that any Board member
is welcome to attend any committee meeting. He suggested that whatever
material is distributed to committees should also be sent to other Board
Water Board Minutes
January 19, 1990
Page 10
members.
Approval of the Committee's procedure was put into the form of a motion and
was approved unanimously.
Each Board member received a copy of a memo with proposed state and federal
legislation. Tim Dow asked for questions or comments on any of the items.
Linda Burger asked the Board to take note of a resolution on the impact fee
bill which would restrict the ability of the Utility to assess plant invest-
ment fees and cash in -lieu -of water rights. In addition it has a capital
projects plan that the City must develop and a city can only collect the
things that are in that plan. Paul Eckman prepared the resolution that will
be going to both the Water Board and the P&Z Board. It coincides with the
position on the bill that is outlined in the legislative summary, but gives
a more specific direction to Council as to what the concerns are. Council
will be considering a resolution on Feb. 13 on the impact fee bill that will
then be sent on to the legislators in our area. Tim Dow stated that the
Legislative/Finance Committee resolved to strongly oppose the bill.
Henry Caulfield commented on HB 1014, the Basin of Origin bill. "If the
water rights decrees prior to some date in 1990 are exempt from legislation,
why do we need to be so concerned about the other provisions in this Bill?"
he asked. He went on to say that our main concern is in connection with the
Michigan River situation. If our rights are all fully protected, why do we
need to get into the other provisions? "The reason the bill as drafted is a
concern for us is because it is so wide open," Linda Burger replied. The
bill provides protection when diverting water from the basin of origin. You
have to develop a plan that protects present and future appropriators from
injury. "I think it's the 'and future appropriators' that causes a great
deal of concern," she explained. Depending on how this bill works through
the legislature, if it does, we may or may not find ourselves in a position
where this applies to, for example, changes in use or point of diversion.
It might be in some situations the City could get into difficulty. She
stated that the concept is fine, but the bill is poorly drafted.
Neil Grigg moved that the Water Board endorse the impact fees resolution.
After Tom Brown's second, the motion passed unanimously.
Tim Dow commented that there are a number of bills being proposed that are
in the area of water conservation. Some of these may or may not be very
desirable depending on how you look at it. It is also interesting to note
that one of those conservation bills was proposed by Rep. Irwin from Love-
land to require meters state-wide. That issue may have raised its head
again, he remarked.
There is also a proposal for election of members to the Northern Colorado
Water Conservancy District Board.
Water Board Minus •
January 19, 1990
Page 11
Tom Sanders pointed out a bill which would provide irrigation limits for
parks and medians. He remarked that "that is encroaching on the autonomy of
the cities." Wendy Williams explained that the bill only applies to pro-
jects that are funded in part by the state. For us that would apply pri-
marily to lottery money which we use almost exclusively for open space. It
would not have that large an impact on us the way it is written, she said.
Henry Caulfield commented on the bill to elect members to the Northern Dis-
trict Board. He believes that elections are the wrong direction to go
because of the general lack of interest in any elections of that kind. He
believes that appointment by the County Commissioners would be preferable.
With regard to consolidation of the Colorado Water Conservation Board and
the Colorado Water Resources and Power Development Authority, it seems to
Mr. Caulfield that it is important for the Board to take a position of
keeping the authority separate. It is, technically speaking, under supreme
court decision of the state a non -state agency; therefore it can have bond-
ing authority, whereas the state can not have general purpose bonds. Mike
Smith agrees that it should be kept separate. The bonding capability of
the authority is very important, especially with regard to the revolving
loan program for wastewater. Colorado is one of only two states in the
nation to have worked out a scheme to actually meet EPA's match money by
borrowing money and not using state funds. "We couldn't have done that had
the authority not had the power to issue revenue bonds, he emphasized. Mr.
Caulfield added, and the separation of this so it is not decreed as a state
agency is a technically important point to keep it the way it is now. He
would suggest that the committee bear this in mind in its further consider-
ations of the matter.
With regard to the bill requiring metering Mr. Caulfield reminded the Board
that they took a position on metering by a slim margin a few years ago. At
this point the initiative to bring up this issue is in the hands of the City
Council, he stated.
"What are we doing on federal legislation in lobbying terms?" Mr. Caulfield
asked. "I'm not sure how much we are going to have time to do," Ms. Burger
replied. The main thing we've been active in has been the issue of MCLs for
lead in the tap. "We have been working through the Colorado Water Utilities
Council on that. We have not drafted any letters for the mayor's signature
on federal legislation yet. If we get some time, we will try to pick out
the priority bills and do some letter writing on those," she explained.
The lead at the tap issue is critical, Ms. Burger began. If we have an MCL
approach as opposed to a best available technology approach, the proposed
EPA regulation requires that you go in at first flush and get a water sample
from the kitchen sink and that's the basis for determining compliance of the
lead MCL, she continued. As a staff we have a real concern about trying to
collect those samples. Attorneys have advised us that we do not have the
authority to enter people's homes unless they are willing to let us in.
It's a rather difficult situation, she added. She explained that the Util-
ity has a corrosion control program, and we have already taken steps to con-
Water Board Minutes
January 19, 1990
Page 12
tain lead. We also have a monitoring program that we carry out without
going to people's homes at 5:00 in the morning. We feel that a regulatory
program that supports a rational handling of the situation makes sense.
Politically what the EPA is trying to do is a public education program, if
you have lead service lines, rather than a replacement program. That is why
legislation is going towards MCLs at the taps as opposed to best available
technology, she concluded.
Henry Caulfield asked a question about the conservation efforts on low flow
toilets. "Are not our wastewater systems engineered for the amount of water
that we have traditionally used in toilets? Therefore, could bringing the
quantity of water down cause problems with the engineering of the wastewater
collection system?" Neil Grigg said the Colorado Water Resources Research
Institute published an article in their last newsletter and one of the
points was if you implement 1.6 gal. ultra low volume toilets, the sewers
won't work. The Institute subsequently received a letter from the Denver
Water Dept. informing them that there is a lot of research and that it was a
bogus issue. Their side of the issue will be published in the next CWRRI
newsletter, Dr. Grigg said. Mr. Caulfield asked, "but who's right?" Dr.
Grigg is convinced that there will be plenty of water in the sewer system in
spite of the low flow toilets. Tom Sanders contends that the issue has not
been resolved.
Distribution and Collection System Sub -committee
Neil Grigg, chairman of the committee, reported that after the City's water
line break in the fall, Jim Hibbard, Distribution and Collection Manager,
gave a report to the Board about the incident. That led to the establishment
of a special committee to determine if anything needs to be done about this
that isn't being done. Paul Clopper and Tom Moore were appointed to the
committee.
The committee met recently and Paul Clopper prepared a report which Board
members received at today's meeting. Dr. Grigg noted that there are three
areas that warrant some discussion and the committee has recommendations in
those areas which are on p. 4 of the report. He said that the question for
the Water Board is, do you want the committee to work with staff any further
on this issue or will this settle the issue and not require any further
work?
1) Dr. Grigg began by saying that street operations has accelerated their
activities because of a new tax passed recently by the voters. This is
apparently placing some new stresses on Distribution and Collection because
the procedure for coordinating between street operations and replacing
pipelines is generally an informal one of consultation. If streets doesn't
give D&C much lead time, then the system of informal consultation may break
down.
Water Board Minus
January 19, 1990
Page 13
Recommendation: Initiate discussions between D&C and Street Operations to
determine if planning, scheduling and communication can be more closely
coordinated, with the objective of increasing lead times for notification of
programmed street work. This may allow more effective "dovetailing" of acti-
vities between departments where the condition of both infrastructure compo-
nents warrants. Staff may want to consider contacting other municipalities
where pro -active coordination and scheduling systems between departments has
been instituted. (San Diego, California was offered as an example).
2) This area may have more serious consequences in the long term. As the
City grows and we move into more overlapping between the City Utility and
the Fort Collins -Loveland Water District, the problem of isolated customers
has emerged. These are customers who were formerly served by the District
and have been somewhat bypassed. Examples would be Palmer Florist and
Wendy's on South College which are served by the District. We have a situa-
tion where there are two systems side by side. Mr. Caulfield recalled that
the City had a trade out with the District a few years ago. Were some of
the areas not traded out? Mike Smith replied that the Utility didn't
address those existing customers that the District wanted to keep. "Now
that we have had the agreement for about 5 years, the District is discover-
ing that some of the fringe areas are becoming a problem for them because
they are in the middle of our service area. They would like to get rid of
them, but there is no clean mechanism to do that," Mr. Smith explained. If
they are outside of the City, for example, our outside city rate is a lot
higher than the District's rate. Mr. Caulfield commented: "As far as inside
City customers, like Wendy's and Palmer House, can't this be translated into
some formal action?" One thing we may want to do, Mr. Smith replied, is put
this issue into the agreement: it's not in the old or new agreement at this
time.
Recommendation: Introduce the topic of overlapping service areas between
the City and the Fort Collins -Loveland Water District at the next convenient
opportunity, and pursue jointly a resolution to the problem of the "isolated
customers" and how best to service them.
3) Mr. Caulfield asked if this report says there is a need to immediately
get involved in replacing old services. Are we able to detect the old lines
and schedule them for replacement? Jim Hibbard replied, "what we do is
replace a line when it's ready to be replaced." "Are you always able to
detect readiness?" Henry Caulfield asked. Neil Grigg stated that the com-
mittee investigated it and it's a very complex issue. "I was satisfied that
the answer to the concern that Mr. Caulfield has is that we are in pretty
good shape. While our policy isn't very formal, (like, for example, let's
replace them at 30 years) we do have a policy. The policy is: When we go
into the street operations, if there is a pipe that, on the basis of leaks
or frequency of maintenance, looks like it's ready for repair or replace-
ment, it is done at that time. On the other hand, if there is a pipe that
may be old but there is no indication, according to maintenance history or
leaks, that it needs to be replaced, it is not replaced at that time because
there are other priorities. "It doesn't appear that we have an antiquated
infrastructure that is going to give us problems," Dr. Grigg concluded.
Water Board Minutes
January 19, 1990
Page 14
Jim Hibbard explained there isn't enough staff time available to him to go
into as much economic analysis and statistic compilation and evaluation as
we might like. He said that more could be done. Dr. Grigg said that one
possibility would be that the committee could recommend that more of that
analysis be provided. Paul Clopper visited with Jim Hibbard and some of his
staff prior to the meeting to look at their data base. Mr. Clopper is
convinced that it can be carried further. "The way that Mr. Hibbard has the
maintenance history and infrastructure tracked with the data base, allows
that capability." He also complimented Mr. Hibbard on a very impressive
system, and he thinks that the statistics could be derived from that for the
economic analysis; that capability is already in place, he said.
Recommendation: As staff time allows, investigate the potential for incor-
porating economic analysis into programmed repair and maintenance planning.
This may be facilitated by the capability of the existing information data
base and the statistics which can be derived therefrom. Additional meet-
ings between Water Board subcommittee members and staff will likely be
required to determine the need, cost and feasibility of this approach.
Mr. Hibbard said he enjoyed working with the committee. He and Paul Clop -
per have an interest in looking at some of the data base staff uses to track
their information. In thinking about the Water Board and their role, he
sees the issue about overlapping service areas as being related more to pol-
icy and probably one in which the Board will be involved in the future.
Dr. Grigg doesn't see a need for more committee work with Jim Hibbard. How-
ever, Paul Clopper may see some opportunities there. In that case, he
believes it would be more of a technical assistance type of committee.
Paul Clopper said he would like to get further input from staff and bring
that back to the next meeting in February and assess where we want to go at
that time.
Dr. Grigg said there are a lot of statistics available and those are pub-
lished in the operations annual report of the Utility and distributed to the
Water Board each year. In the event that more budget type analysis is
needed to justify capital improvements, that might be an area to look into,
he concluded.
Other Business
Henry Caulfield, as a representative of the Water Board, and Water Utility
staff, met recently with members of the Storm Drainage Board and the Natural
Resources Board and staff from both divisions Mr. Caulfield reported that
the meeting was useful in that it sorted out the roles of the three differ-
ent boards. The position of the Storm Drainage Board is that they are
waiting for the EPA requirements for storm drainage. They are planning to
do only what EPA requires and no more. The Natural Resources Board has an
obligation placed on them by the City Council to have an environmental man-
agement plan for the whole City. It appears that the Storm Drainage Board
and the Water Board will provide input to that plan.
Water Board Minua
January 19, 1990
Page 15
Molly Nortier announced that packets from the Natural Resources Division
were distributed to Water Board members to review before the February meet-
ing. Bob Wilkinson from the Division will be present at the February meeting
to give a presentation on the proposed management plan, and to answer ques-
tions and take comments from the Water Board.
At this point the Board went into executive session to discuss a future
water acquisition.
The meeting was adjourned at 5:20 p.m.