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HomeMy WebLinkAboutWater Board - Minutes - 12/19/2019WATER BOARD REGULAR MEETING December 19, 2019, 5:30-7:30 p.m. 222 Laporte Avenue, Colorado River Community Room 12/19/2019 – MINUTES Page 1 1. CALL TO ORDER 5:31 p.m. 2. ROLL CALL • Board Members Present: Michael C. Brown, Jr. (Chairperson), Jason Tarry (Vice Chairperson), Steve Malers, Brett Bovee, Kent Bruxvoort, Phyllis Ortman, Jim Kuiken, Andrew McKinley • Board Members Absent - Excused: Randy Kenyon, John Primsky, Greg Steed • Staff Members Present: Theresa Connor, Katherine Martinez, Mark Kempton, Dan Evans, Eileen Dornfest, Kevin Gertig, Eric Potyondy, Tawnya Ernst, Kerri Allison, Keith Hanson, Matt Zoccali, Carol Webb, Susan Strong, Amy Johnson, Andrew Gingerich, Lance Smith, Linsey Chalfant; • Members of the Public: Brian Gray, Tina Gray, Bryan Muir 3. AGENDA REVIEW • Chairperson Brown moved the Board Member Recognition agenda item after Staff Reports. • A board member requested that the Harmony Gateway agenda item that was mentioned at the October meeting and was to be discussed at tonight’s meeting be mentioned under Announcements and be officially noted as postponed until an upcoming meeting in 2020. 4. COMMUNITY PARTICIPATION (3 minutes per individual) • Brian Gray commented that he had spoken during a recent meeting (about staff’s eminent domain authorization request related to Halligan Water Supply Project) and has had good meetings with City staff since then; he stated he’s very happy at this time (regarding landowner/City negotiations), and thanked Special Projects Manager Eileen Dornfest and Assistant City Attorney Eric Potyondy. 5. APPROVAL OF MINUTES • Chairperson Brown asked for comments on the November 21 minutes. Board Member Bovee moved to approve the November 21 minutes with the suggested minor revisions Board Member Bruxvoort seconded the motion. WATER BOARD REGULAR MEETING 12/19/2019 – MINUTES Page 2 Vote on the motion: it passed unanimously, 8-0 6. ANNOUNCEMENT Chairperson Brown invited new Water Engineering staff member Amy Johnson to introduce herself. Ms. Johnson spent 10 years working in in private consulting and worked for 10 years at Northern Colorado Water Conservancy District. She received her bachelor’s degree in Agricultural Engineering from Colorado State University and her master’s degree in Agricultural and Biological System Engineering from the University of Nebraska-Lincoln. Ms. Johnson is a registered Professional Engineer in Colorado and Wyoming, and a certified Project Management Profession through the Project Management Institute. She is also an alumnna of the Water Education Colorado Water Leaders Program. 7. NEW BUSINESS a. Staff Reports (Attachments available upon request)  Water Supply Shortage Action Plan Project Update (meeting packet only; no presentation) Discussion Highlights: A board member commented on looking forward to this item in February, who could we turn to in an emergency to obtain more supply, good question, partnerships, to what extent will the plan tackle supply issues or whether it should be part of another plan. Staff Liaison Theresa Connor replied that both Water Supply Shortage Action Plan and Water Supply and Demand Management Policy Update will be on the February 6 work session agenda; opportunity for discussion at that time.  Financial Monthly Report (meeting packet only)  Water Resources Monthly Report (meeting packet only; no presentation) A board member commented and made a suggestion for staff that this report and others could be better integrated and tied to other reports, and at certain times of the year, such as when discussing agricultural water rentals, tying this topic to this monthly report would be helpful. Community Participation (Continued) (3 minutes per individual) Chairperson Brown allowed a member of the public to speak. Bryan Muir, whose family owns property near Halligan Reservoir, commented on the Halligan Water Supply Project agenda item; his family was alarmed by the City staff’s pursuit of the eminent domain authorization while in negotiations with landowners, feels pressured to reach an agreement with the City and WATER BOARD REGULAR MEETING 12/19/2019 – MINUTES Page 3 worries that the authorization will damage relations. Mr. Muir emphasized that his family supported the Halligan Water Supply Project; they own about a mile of the north fork of the Poudre River; they met with City staff more than a dozen times; hosted at least 10 visits for City staff and others, and are surprised by staff’s escalating demands. The family met with staff yesterday and received another demand (draft easement proposal). His family asks for a one-month delay of the authorization so they can reach an agreement with the City.  Municipal Separate Storm Sewer System (MS4) Permit Annual Update Environmental Regulatory Affairs Specialist Susan Strong provided an overview of the implementation of the City’s MS4 permit, which describes the regulatory basis for many other stormwater programs and provides an opportunity for public feedback; deadlines; and 2020 additional goals, such as the bacteriological source study, Poudre River continuous monitoring, winter runoff study, process improvements, and future regulatory outlook. Discussion Highlights: Board members commented on and inquired about various related topics including nutrient requirements; algae in ponds (staff have discussed and implemented best practices yet still see algae); biological and contaminant levels; human health threat is due to human waste, broken septic systems; TMDLs; pollution discharge permits, point discharges, non- point sources related to e.coli.  Utilities Affordability Portfolio and Income Qualified Assistance Program Update Program Specialist Supervisor Jamie Gaskill and Affordability Program Specialist Lisa Schroers provided an overview of the portfolio: income- qualified assistance program (implemented one year ago), medical assistance program, payment assistance fund, Larimer County Conservation Corp water and energy programs, and Colorado Affordable Residential Energy; key partnerships with local nonprofits; etc. Participants enroll in the program through LEAP (Colorado Low-Income Energy Assistance Program); 2019 IQAP invitation went to 900 qualifying customers during application period; 23% savings on certain components of the utility bill per month per participant. In 2019-2020 LEAP season, 853 residents applied and 697 were eligible. Discussion Highlights: Board members commented on and inquired about various related topics including why assistance programs took a dive in the past year (staff replied that the year is not over yet and more revenue is WATER BOARD REGULAR MEETING 12/19/2019 – MINUTES Page 4 expected soon); the income threshold for eligibility (for LEAP, 60% of state median income); desire to see percentage of Utilities customers who are eligible for the program and see this metric over time; how to drive water efficiency and conservation through these effective programs, and monitor penetration over time; how to discourage builders from cutting corners with the idea of these programs correcting things later on.  Water Field Operations Update Director of Water Field Operations Andrew Gingerich provided an introduction of Water Field Operations and its divisions: water distribution, wastewater collection, stormwater collection, and water meter shop. He also discussed the data collected and work involved in repairing a large water main break in downtown on December 16 involving a 16-inch cast iron pipe; employees found the leak and 12 employees worked over 24 hours in single- digit weather overnight to complete the repair; water main breaks tend to be most problematic in systems constructed in the late 1970s and early 1980s; pipe inventory data and work order history (21.4 miles of pipe are in very poor and poor condition) Discussion Highlights: Board members commented on and inquired about various related topics including water leak heat map: southcentral part of Fort Collins (main breaks due to a combination of factors: soil, groundwater, and construction methods in the 1970s and 80s); industry standards for pipe replacements; amount of AC (asbestos-cement) pipe in the city (staff replied: zero); pipe replacement rate (2.2 miles of water pipe replaced each year (250-year cycle); capital projects and budgets; hiring more employees versus contractors (staff replied the master plan determines what work needs to be completed by employee crews, contractors, and a combination; hiring new full-time equivalent (FTE) employees is challenging); how employee productivity is impacted by the seasons (in winter, for example, crews can work if temperature is at least 25 degrees; if it’s snowing, crews are plowing snow); suggestion for safety metrics to be included in updates.  Stormwater Strategic Financial Plan Utilities Strategic Financial Director Lance Smith gave an overview of the Utilities planning process and the financial plan, including financial objectives (minimum reserves policy, reserves and revenues adequate to cover near- term capital requirements, etc.) and operational objectives (provide adequate funds for anticipated capital investments, maintain reserves to meet unanticipated investments and any debt service expense); operating revenue and expenses; rates; financial health forecast. WATER BOARD REGULAR MEETING 12/19/2019 – MINUTES Page 5 Discussion Highlights: Board members commented on and inquired about various related topics including the last time one of the wet utilities issued a bond (Mr. Smith replied it has been awhile; Stormwater Fund paid off a debt recently; Light & Power reissued debt; increases in operations expenses due to inflation and a question of whether to increase rates accordingly, such as 2% regular rate increases; replacement of concrete pipes and related costs. b. Board Member Recognition The Water Board and staff presented engraved gifts, and expressed appreciation for the contributions of retiring Board Members Brett Bovee and Andrew McKinley for their nine years and seven years, respectively, of volunteer service to the City. c. Regular Items • Halligan Water Supply Project: Property Rights Acquisition Needs & Eminent Domain Authorization (Attachments available upon request) Senior Real Estate Specialists Tawyna Ernst and Kerri Allison provided an update on staff’s request for eminent domain authority and landowner negotiations. City Council to hear eminent domain request for Phase I on January 7. Staff has met with landowners multiple times; several agreements have been drafted and are nearing final form. Landowners’ Association excluded from eminent domain request for Phase I. Potential exclusion of another landowner, pending progress before January 7. Discussion Highlights: Board members commented on and inquired about various related topics including the reason for the delay (staff: a lot of properties are protected by conservation easements, being sensitive and working with landowners to limit times of access and the number of vehicles per day, etc., and temporary access easements for Phase 1, which will focus on design and permitting, water quality sampling, surveying, etc. over three years; is a sensitive topic; eminent domain process is a last resort and would be more costly for the City; due to project deadlines, any further delay of the authorization request would put the project at risk of missing the next field season and therefore project milestones; suggestion that a third party assist in negotiations; The Nature Conservancy is one of the 16 landowners involved and is also the conservation easement holder); project timeline, deadlines, and milestone dates; appraisals and compensation for property WATER BOARD REGULAR MEETING 12/19/2019 – MINUTES Page 6 access; revising the suggested motion to be more specific. Board Member Bovee moved that Water Board recommend City Council authorizes the ability to use eminent domain as necessary for those properties that have not come to agreement with the City to complete Phase I (permitting and design) of the Halligan Water Supply Project in a reasonable timeframe with reasonable costs. Board Member Kuiken seconded the motion. Discussion Highlights: Board members commented on various related topics including reiterating that we cannot afford to miss a field season; eminent domain is a last resort/property rights are sacred; appreciate staff’s sensitivity and efforts working with landowners, and balancing needs of the parties involved. Vice Chairperson Tarry and other board members made friendly amendments to the motion. Board Member Bovee accepted the friendly amendments. Revised motion Board Member Bovee moved that Water Board recommend City Council authorizes the ability to use eminent domain as necessary for those properties that have not come to agreement with the City to complete Phase I (permitting and design) of the Halligan Water Supply Project in a reasonable timeframe with reasonable costs. Vote on the motion: it passed unanimously, 8-0 8. OTHER BUSINESS  Water Board Memo to City Council, “Halligan Water Supply Project Draft Environmental Impact Statement (DEIS) Board Member Bruxvoort moved that Water Board submit a memorandum to City Council regarding the Halligan Water Supply Project DEIS. Board Member Bovee seconded the motion. Vote on the Motion: it passed unanimously, 8-0 Board Member Bruxvoort volunteered to speak to City Council on January 7 regarding this memo. WATER BOARD REGULAR MEETING 12/19/2019 – MINUTES Page 7 Halligan DEIS public comment period begins Jan 13. The Water Board may write a memo to submit as part of public comment and board members will plan to attend the public hearing to provide verbal comments. Board directed staff to post a public notice on three or more board members may attend the public hearing. 9. ANNOUNCEMENTS • New Board Members Status Update. City Council is reevaluating Boards & Commissions and has shared plans for upcoming appointments and term limits. • Annual Report due January 31 10. BOARD MEMBER REPORTS None 11. ADJOURNMENT 8:48 p.m.