DIRECTOR OFFICE HELD TERM EXPIRES APPOINTED BY Ken …

NOTICE OF REGULAR MEETING OF

BOXELDER BASIN REGIONAL STORMWATER AUTHORITY

NOTICE IS HEREBY GIVEN that the regular meeting of the Board of Directors of the

Boxelder Basin Regional Stormwater Authority has been scheduled for Wednesday, January

28, 2015, at 4:00 p.m. at the Leeper Center, 3800 Wilson Avenue, Wellington, Colorado.

DIRECTOR OFFICE HELD TERM EXPIRES APPOINTED BY

Ken Sampley President April 2016 City of Fort Collins

Richard Seaworth Director April 2015 Town of Wellington

Vic Meline Treasurer April 2017 City of Fort Collins/Larimer County

Lee Tucker Director April 2016 Town of Wellington/Larimer County

George Reed Secretary April 2017 Larimer County

AGENDA

I. ADMINISTRATIVE MATTERS

A. Call to Order

B. Declaration of Quorum

C. Consideration of Agenda (Page 1)

D. Consideration of Minutes: December 10, 2014 and January 6, 2015 (Pages 2-13)

E. Consideration of 2015 Annual Administrative Matters Resolution (Pages 14-17)

F. Public Comments, limited to 3 minutes per person

II. FINANCIAL MATTERS

A. Consideration of Financial Report and Payables (Pages 18-46)

B. Consideration of the 2014 Auditor (Pages 47-50)

III. MANAGEMENT MATTERS

A. Manager’s Report (Pages 51-52)

IV. ENGINEERING MATTERS

A. Engineer’s Report (Pages 53-55)

V. LEGAL ITEMS

A. Executive Session, as needed, pursuant to C.R.S. 24-6-402(4)(a), concerning the

purchase, acquisition, lease, transfer, or sale of any real, personal, or other property

interest and C.R.S. 24-6-402-4)(e), determining positions relative to matters that may be

subject to negotiations; developing strategy for negotiations; and instructing negotiators.

VI. OTHER MATTERS

A. Consideration of Larimer Weld Canal Agreement (To be delivered under a

separate cover)

B. Consideration of Mountain Vista G.C. Agreement (To be delivered under a

separate cover)

C. Director Comments

VII. ADJOURNMENT

A. The next regular meeting is scheduled for February 25, 2015 at 4:00 p.m.


By /s/ Crystal Albani, Secretary for the meeting

1

RECORD OF PROCEEDINGS

1

Boxelder Basin Regional Stormwater Authority

BBRSA Minutes 12 10 14

MINUTES OF THE COORDINATED

SPECIAL MEETING OF


HELD

December 10, 2014

The Board of Directors of the Boxelder Basin Regional Stormwater Authority held a

coordinated Special Meeting, open to the public, at the Leeper Center, 3800 Wilson Avenue at

4:00 p.m. on Wednesday, December 10, 2014. Notice of the Meeting was duly posted.

ATTENDANCE:

Directors in Attendance:

Ken Sampley, President

Vic Meline, Treasurer

George Reed, Secretary

Lee Tucker, Director

Richard Seaworth, Director

Also in Attendance:

Stan Myers, and Crystal Bidwell; Pinnacle Consulting Group, Inc.

Mark Peterson; Larimer County

Andrea Faucett; Ayers Associates

Greg White; Authority Legal Counsel

Malcolm Murray; Murray Dahl Kuechenmeister & Renaud LLP

Brad March; March, Olive & Pharris, LLC

Tim Singewald, Trustee and Mayor Pro Tem; Town of Wellington

Travis Harless; Trustee; Town of Wellington

Lois Tucker, Chuck Mayhue; Citizens

__________

CALL TO

ORDER

The Meeting was called to order at 4:03 p.m. by Director Sampley, President,

noting that a quorum was present.

__________

AGENDA

The Board reviewed the agenda. Upon motion duly made by Director

Meline, seconded by Director Seaworth and upon vote, it was unanimously

RESOLVED to approve the agenda as presented.

__________

APPROVAL OF

MINUTES

The minutes of the November 17, 2014 special meeting were presented for

the Boards consideration and approval. Following review and discussion and

upon motion duly made by Director Meline, seconded by Director Reed and

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upon vote, it was unanimously

RESOLVED to approve the November 17, 2014 with the following

amendments:

Page 5: “Individual billings, for both residential and

commercial properties, will change since the Authority will

be billing based on the rates adopted by the Authority…”

Director Reed requested the language be improved to state,

“Individual billings, for both residential and commercial

properties, will change since the Authority will be billing

based on a range of rates established by the IGA and fees

adopted by the Authority…”

__________

PUBLIC

COMMENT

Tim Singewald, Trustee and Mayor Pro Tem with the Town of Wellington,

expressed frustration with the information provided to date by Manager

Myers. He requested additional financial documents for the upcoming

meeting on December 23, 2014 involving representatives from all three

Member entities who signed the IGA. Mr. Singewald expressed that he

would like an Amendment made to the IGA so that elected officials from the

Member entities of the IGA can meet on an annual basis.

Travis Harless, Trustee with the Town of Wellington, stated he would like to

see an annual meeting of the elected officials from the Member entities of the

IGA. He expressed his concern regarding the scope of the entire project and

believes it keeps increasing from the original amount.

__________

ITEMS FROM THE

FINANCE

DIRECTOR

Financial Report: Mr. Campbell presented the financial report as of

December 31, 2014 and November 30, 2014 as they relate, including the cash

position report, the cash encumbrance report, the work order status update,

and the capital costs summary broken out by project.

Director Seaworth was concerned with the Balance Sheet as it relates to all

the projects and allocated sums. He provided a handout to the Board

showing what he believes Boxelder Authority has paid. He requested the

Balance Sheet show the specific projects and the amounts spent towards

those specific projects. Director Seaworth stated that he is concerned there is

money that has not been correctly allocated to projects. Director Seaworth

wanted to know why Wellington has paid more than 30% of the fees.

Director Sampley asked management to prepare the summary of money spent

to date by the Authority. Director Sampley stated that as for what Wellington

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has paid for already, there is nothing in the Agreement that specifically states

the original percentage split by the three entities has to be maintained.

Mark Peterson, Larimer County Engineer, addressed the Board regarding the

Agreement and stated that he believed the agreement outlined the estimated

percentage each entity would contribute toward the local match that was

needed for the PDM Grant. These percentages were Larimer County 50%,

Wellington 30% and Fort Collins 20%. After further assessment of the

impervious area in each entity these percentages changed to Larimer County

40%, Wellington 30%, and Fort Collins 30%. Due to the impact of

development, the percentages paid by each entity will vary from these initial

percentages.

Approval of Payables: Mr. Campbell reported that due to the early meeting

this month the Board will consider approval of the December payables at the

January meeting. Mr. Campbell noted the payables are within the scope of

the usual monthly operating costs. The Board tabled the approval of

payables for further review until the Work Session on January 6, 2014.

__________

ITEMS FROM

AUTHORITY

MANAGER

AUTHORITY MANAGER’S REPORT

Mr. Myers presented the Manager’s Report.

Larimer Weld Canal Crossing Structure (LWCCS): Greg White has had

discussions with Butch Sommermeyer of the Larimer and Weld Canal

Company. He is no longer asking for a structure check or compensation for

the proposed improvements. Mr. White will provide an update to the Board

and a draft agreement for review later in the meeting. Greg White has

completed draft agreements for the adjacent properties (Norm Karasa and

Roger McConnell). Manager Myers will begin to coordinate execution of

these agreements with the property owners in the next few weeks. There has

been no further response from the City of Thornton on the Authority’s stance

on work on their property.

Lake Canal Reservoir Agreement: Greg White and Manager Myers have

continued to work with Brent Bartlett, the new legal counsel for the Lake

Canal and Reservoir Company (LCRC) to finalize the agreement. A final

version of this agreement will be reviewed with the Authority Board in

Executive Session.

AT&T Cable Relocation: Manager Myers contacted Tom Jakse of Clearwater

Consulting who is managing this project for AT&T and Robert Williamson

who is the Senior Project Manager for AT&T. Mr. Williamson conveyed

that bids have been completed and the contractor has been awarded work and

that “the bids are confidential between AT&T and the bidders.” Work is

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likely to start after the first of the year.

North Poudre Inlet Canal Tree Stump: Manager Myers presented a more

complete specification for this work to Chad Uthmann, which resulted in an

increase to the cost. After further discussion Chad agreed to compact the clay

material that he is providing to fill in the hole left by the stump removal and

seed the area. Chad is planning to move forward with removal of the tree

stump during the week of December 1st.

Mountain Vista Golf Course Coordination: Manager Myers and Greg White

have prepared a letter summarizing the discussions to date with the O’Dell’s

and their legal counsel, Tim Goddard. The letter and attachments will be

reviewed with the Board in Executive Session.

Discussions with Doug Johnson: Manager Myers has reinitiated discussion

with Mr. Johnson, on the final configuration of the flowage easement and

land acquisition required for the ESDF outlet and energy dissipation

structure. Manager Myers will provide an update on this issue to the Board

in Executive Session.

Information Request from the Town of Wellington: On November 24th

Brad

March of the Town of Wellington met with Manager Myers, Greg White and

Brendan Campbell of Pinnacle regarding information requested by Mr.

Singewald. The documentation is being assembled in response to this

request.

Status of ESDF Land Acquisitions: Manager Myers and Malcolm Murray

intend to provide and update on the Boxberger, Day and the Day recreational

(partnership) parcels in Executive Session.

2015 Meeting Schedule: Manager Myers proposed for 2015 that regular

meetings still be held on the fourth Wednesday of every month except for the

November and December meetings in which case should be held on the

second Wednesday to avoid any conflicts with the holidays. The Board did

not see an issue with this and agreed the last two meetings for 2015 will be

held on the second Wednesday to avoid any conflicts.

__________

CONSULTANT

REPORTS

ENGINEER’S REPORT

Ms. Faucett presented the Engineer’s report.

On-Going Work

Middle Basin/Larimer and Weld Canal Crossing Structure (LWCCS): Ms.

Faucett reported that based on the final hydraulic modeling, which was done

for the CLOMR submittal, the weir length and slope slightly on the side spill

weir were revised. In addition, Ms. Faucett spoke with Butch Sommermeyer

regarding the proposed spills. Butch had requested that we spill all of the

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Boxelder Creek flows at this location even if it exceeded the existing

condition spill. Ms. Faucett informed him that could not legally be done

because it would cause a rise on an insurable structure downstream. An

exhibit for Butch was prepared, which showed the existing vs. proposed

project spills at the weir location and are within 10 cfs of the existing spill,

which is as close as it can come. Ms. Faucett attached the exhibit to her

report for the Board’s reference.

Ms. Faucett will continue to follow up with Xcel about the power poles. Ms.

Faucett has been in contact with Xcel about the power pole modifications but

they are currently swamped and have stated it may not be until after the first

of the year before they can respond to the application to modify 4 power

poles that are impacted by the ditch bank lowering. Ms. Faucett will

continue to keep this in the monthly report until it has been addressed. As

noted last month Ms. Faucett believes the weir construction was within the

prescriptive easement for the L&W canal since this is considered a

maintenance project. Manager Myers has informed City of Thornton of this.

ESDF

Final Design Report: Ms. Faucett reported that the Final Design Report,

Technical Specs., design drawings, application and application fee was

submitted to the State Engineer for their review and comment. Ms. Faucett

will continue to keep this in the monthly report until a response has been

received from the State Engineer.

Ayres is revising the roadside drainage design for CR 50 to account for the

future pavement section. Ms. Faucett will submit the revised design to

Larimer County for their review and approval once it is complete.

Spillway Design: Ms. Faucett prepared a new exhibit for Manager Myers

showing the revised right of way required for the primary spillway and

energy dissipation pool, along with the flowage easement needed for the

State Engineer requirements. Manager Myers is working with Mr. Johnson

on acquiring the necessary easements.

404 Permit Application: Ms. Faucett received an email on the 404 permit

stating they are just waiting on the State Historic Preservation Office (SHPO)

to concur that there are no impacts. The public comment period has ended

and there were no substantive comments received. Ms. Faucett attached the

email to her report for the Board’s reference.

CLOMR: Ms. Faucett stated that the CLOMR was submitted to the City of

Fort Collins on Wednesday November 29th. The current schedule is to

submit the CLOMR to the Larimer County Flood Review Board on

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December 10th. The goal is to submit the CLOMR to FEMA on or before

December 31st because after the 31st the CLOMR/LOMR review contract

may no longer be held by Michael-Baker, whom Ayres has worked with

during the past 7 years. There is budget remaining to address comments

received from the City of Fort Collins, Larimer County and FEMA.

Peer Review of ESDF: Ms. Faucett reported that the Final Design Report,

Technical Specs., and Design Drawings were submitted to Duane Smith of

Smith Geotechnical so he can begin his peer review. Ms. Faucett will

continue to report on this in the coming months.

Next Steps for ESDF

County Road 52 Design: Ms. Faucett reported that she is continuing to

support Manager Myers with his efforts regarding the golf course

negotiations and have provided several exhibits for his use. Until an

agreement is reached she is assuming this will be an on-going effort.

Design Budgets: Ms. Faucett reported that she has submitted the work order

accounting spread sheet which includes this month’s invoices. Based on the

current level of design and where the budgets are currently, she feels the

design effort is in good shape in terms of budget tracking. Ms. Faucett will

know more once she receives comments back from the SEO on the design,

but she has left some budget to address those comments along with

comments from Duane Smith.

__________

LEGAL ITEMS Director Sampley moved to go into Executive Session in compliance with

requisite statutory procedures under the Colorado Executive Session Laws,

for the Board to discuss a strategy relative to negotiations, pursuant to C.R.S.

§ 24-6-402(4)(a) and (e). Upon motion duly made by Director Reed,

seconded by Director Seaworth and upon vote, it was unanimously

RESOLVED to convene an Executive Session, pursuant to C.R.S.

24-6-402(4)(a), concerning the purchase, acquisition, lease, transfer, or sale

of any real, personal, or other property interest and C.R.S. 24-6-402(4)(e),

determining positions relative to matters that may be subject to negotiations;

developing strategy for negotiations; and instructing negotiators.

Manager Myers reported: “It is December 10, 2014, and the time is

5:47 p.m. I am the Manager for Boxelder Basin Regional Stormwater

Authority. As required by the Colorado Open Meetings Law, this Executive

Session is being recorded.”

Present at the Executive Session: Director Ken Sampley, Director Vic

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Meline, Director Lee Tucker, Director George Reed, Director Richard

Seaworth, Greg White, Malcolm Murray, Andrea Faucett, and Manager Stan

Myers.

The Executive Session concluded at 6:50 p.m.

All present at the beginning of the Executive Session were present at the

adjournment of the Executive Session.

The Board reconvened in regular session at 6:51 p.m.

__________

OTHER MATTERS Lake Canal and Reservoir Company Agreement: Manager Myers presented

for consideration and approval the Lake Canal and Reservoir Company

Agreement. Upon motion duly made by Director Reed, and seconded by

Director Seaworth, it was

RESOLVED to approve the Lake Canal and Reservoir Company

Agreement, by a four to one vote, with Director Tucker abstaining from

voting.

__________

DIRECTOR

COMMENTS

There were no director comments presented.

__________

ADJOURNMENT There being no further business to come before the Board, and upon motion

duly made by Director Reed, and seconded by Director Sampley, the

meeting was adjourned, by unanimous vote, at 6:55 p.m.

__________

The foregoing constitutes a true and correct copy of the minutes of

the above-referenced meeting.

Respectfully submitted,

Crystal Bidwell, Secretary for the Meeting

8 8


1



MINUTES OF THE COORDINATED

SPECIAL MEETING OF


HELD

January 6, 2015

The Board of Directors of the Boxelder Basin Regional Stormwater Authority held a

coordinated Special Meeting, open to the public, at Ayres Associates, 3665 John F Kennedy

Pkwy, Fort Collins, CO 80525 at 3:30 p.m. on Tuesday January 6, 2015. Notice of the Meeting

was duly posted.

ATTENANCE Directors in Attendance:



Vic Meline, Treasurer

Lee Tucker, Director

Richard Seaworth, Director (Via Conference Call)

Also in Attendance:

Stan Myers, Brendan Campbell and Crystal Bidwell; Pinnacle Consulting

Group, Inc.

Greg White; BBRSA Legal Counsel

__________

CALL TO

ORDER

The Meeting was called to order at 3:32 p.m. by Director Sampley, President,

noting that a quorum was present.

__________

AGENDA

The Board reviewed the agenda. Upon motion duly made by Director Meline,

and seconded by Director Reed, it was unanimously

RESOLVED to approve the agenda as presented.

__________

PUBLIC COMMENT

There were no comments brought before the Board by members of the public.

__________

ITEMS FROM THE

FINANCE

DIRECTOR

Financial Report: Mr. Campbell presented the financial report as of December

31, 2014 and November 30, 2014 as they relate, including the cash position

report, the cash encumbrance report, the work order status update, and the

capital costs summary, broken out by project. The December Financials do not

include the check to the Margaret Griffin Trust in the amount of $42,000 and to

Uthmann Enterprises in the amount of $4,800 as they were added after the

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Financials were created in December. All of the presented invoices are within

scopes of service that the Board has previously approved.

Director Seaworth agreed everything is within budget but stated that he does

not understand how far along each project is. For example, he would like to

know how much money, in total, has been spent on County Road 52. Director

Reed agreed that he would like to see a percent completed for capital costs, by

project.

Director Seaworth stated that he is concerned that the Town of Wellington will

not get a break on the time that Manager Myers’ has spent on County Road 52.

Director Sampley clarified that the management costs, such as Manager Myers’

time, is not being categorized as a capital expense. Manager Myers agreed and

noted those costs were not included in the original CWCB loan.

Director Seaworth stated that he would like to see an additional break-out on

the capital costs by project report, under the County Road 52, for

“Construction and Right of Way”, in order to capture the detail on the Check

Detail listing provided. Mr. Campbell stated that he will provide the additional

break-out on the report going forward.

Approval of Payables: Mr. Campbell presented for consideration and approval,

the Schedule of Payables for December 2014 in the amount of $112,233.65,

including checks 1185 through 1191. Upon motion duly made by Director

Meline, and seconded by Director Reed, it was

RESOLVED to approve the December Schedule of Payables as

presented, by a four to one vote, with Director Tucker opposed, as follows:

Ayres Associates Inc. - $42,056.09

Greg A. White, Attorney - $2,070.00

Murray Dahl Kuechenmeister & Renauld LLP – $6,182.08

Phelps Adkinson - $6,182.08

Pinnacle Consulting Group, Inc. – $9,265.48

Margaret Griffin Trust - $42,000.00

Uthmann Enterprises, LLC - $4,800.00

Financial Summary: Mr. Campbell provided an additional document to answer

questions the Board Members had from the previous meeting regarding the

global financial summary of the Authority from inception to present. More

specifically the report answers questions regarding the amount of money that

has been received and spent, as it relates to all of the projects.

Manager Myers provided an explanation of the Memo that accompanied the

spreadsheets. Manager Myers stated that the primary purpose of the Memo

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was to provide input to the December 23, 2014 meeting with the entity

members. Manager Myers provided the Memo and spreadsheets to all the

board members to ensure everyone had a chance to review it.

Director Reed mentioned he attended the December 23rd

meeting and did not

read the Memo, and believes that others did not review the Memo, as it was not

mentioned during the meeting.

__________

RATIFICATION

OF FORMAL

JOHNSON OFFER

LETTER

Manager Myers presented the Johnson Offer Letter in the amount of $22,000 to

the Board. Manager Myers had previously sent an email to all the Board

Members requesting approval to increase the original offer from $17,000, by

thirty percent, to $22,000. Four Board members responded to the email and

approved the suggestion. Manager Myers spoke with Doug Johnson regarding

the increase, and Mr. Johnson currently has his attorney reviewing it. Mr.

White stated that he spoke with Mr. Johnson’s attorney and did not expect

there to be issues. Following review and discussion and upon motion duly

made by Director Reed, and seconded by Director Tucker, it was unanimously

RESOLVED to ratify the Formal Johnson Offer Letter, regarding the

Flowage Easement and Right of Way, in the amount of $22,000, as presented.

__________

LAKE CANAL

COMPANY’S

LEGAL FEES

Manager Myers presented the Lake Canal Company’s legal fees in the amount

of $1,801.74 for work performed on the Stipulation. Director Sampley clarified

that the bill was related to the Lake Canal Company’s legal fees for items

related to the acquistion of the Day property. Following review and discussion

Director Reed moved to approve the Lake Canal Company’s legal fees.

Director Tucker requested this action be tabled until after Executive Session.

__________

LEGAL ITEMS

Director Sampley moved to go into Executive Session in compliance with

requisite statutory procedures under the Colorado Executive Session Laws, for

the Board to discuss a strategy relative to negotiations, pursuant to C.R.S. §

24-6-402(4)(a)(e). Upon motion duly made by Director Sampley, and seconded

by Director Tucker, it was unanimously

RESOLVED to convene an Executive Session, pursuant to C.R.S. §

24-6-402(4)(a)(e), “Concerning the purchase, acquisition, lease, transfer, or

sale of any real, personal, or other property interest, and “determining positions

relative to matters that may be subject to negotiations; developing strategy for

negotiations; and instructing negotiators.”

Manager Myers reported: “It is January 6, 2015, and the time is 4:26 p.m. I am

11 11


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the Manager for Boxelder Basin Regional Stormwater Authority. As required

by the Colorado Open Meetings Law, this Executive Session is being

recorded.”

Present at the Executive Session: Director Ken Sampley, Director Richard

Seaworth (via conference call), Director Vic Meline, Director Lee Tucker,

Director George Reed, Manager Stan Myers, and Greg White.

No decisions or actions were taken in the Executive Session.

The Executive Session concluded at 5:11 p.m.

All present at the beginning of the Executive Session were present at the

Adjournment of the Executive Session.

__________

LAKE CANAL

COMPANY’S

LEGAL FEES

Manager Myers presented the Lake Canal Company’s legal fees in the amount

of $1,801.71 for the Boards consideration. Upon motion made by Director

Reed, and seconded by Director Meline, it was unanimously

RESOLVED to approve payment of the Lake Canal Company’s legal

fee’s in the amount of $1,801.74.

__________

AGREEMENT

WITH

MOUNTAIN

VISTA GOLF

COURSE

The Board directed Manager Myers to move forward with an agreement with

the Mountain Vista Golf Course owners based on discussion in Executive

Session.

__________

DIRECTORS

COMMENTS

Director Tucker expressed concerns about the design of the North Poudre Inlet

Canal and the source of the statement in the November 17, 2014 minutes that

stated “the directive was given to protect the north side, which was completed,

but to leave the south side alone.” Manager Myers was directed to have Ms.

Faucett clarify this statement and to follow up with North Poudre Irrigation on

the stump removal.

__________

ADJOURNMENT There being no further business to come before the Board, and upon motion

duly made by Director Reed, and seconded by Director Tucker, the meeting

was adjourned, by unanimous vote, at 5:23 p.m.

__________

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The foregoing constitutes a true and correct copy of the minutes of

the above-referenced meeting.

Respectfully submitted,

Crystal Bidwell, Secretary for the Meeting

13 13


2015 ANNUAL ADMINISTRATIVE MATTERS RESOLUTION

At a regular meeting of the Board of Directors of Boxelder Basin Regional Stormwater Authority

(Authority), Larimer County, Colorado, held at 4:00 p.m., on Wednesday, the 28th day of January,

2015, at the Leeper Center, 3800 Wilson Avenue, in Wellington, Colorado, there were present:

Ken Sampley –President

Richard Seaworth– Director

Vic Meline – Treasurer

Lee Tucker – Director

George Reed – Secretary

Also in attendance were:

Stan Myers, Brendan Campbell, and Crystal Bidwell, Pinnacle Consulting Group, Inc.,

Authority Manager; Andrea Faucett, Ayers Associates; Mark Peterson, Larimer County;

_________________________________________________________________________

_________________________________________________________________________

Director ______ introduced and moved for the adoption of the following Resolution:

RESOLUTION

WHEREAS, the Board of Directors (the “Board”) of the Authority have a duty to perform

certain administrative obligations during each calendar year to comply with certain statutory

requirements and to assure the efficient operations of the Authority; and

WHEREAS, the Board desires to set forth such obligations herein and to designate, where

applicable, the appropriate person or person(s) to perform such obligations on behalf of the Boards;

and

WHEREAS, the Board further desires to acknowledge and ratify herein certain actions and

outstanding obligations of the Boards, if any.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE BOXELDER BASIN

REGIONAL STORMWATER AUTHORITY HEREBY RESOLVE AS FOLLOWS:

1. The Board directs the Authority Manager to submit a proposed budget to the Board

by September 1, to schedule a public hearing on the proposed budget, prepare a final budget, and

budget resolutions, including amendments to the budget if necessary; and to file the approved

budgets and amendments thereto with the proper governmental entities in accordance with the Local

Government Budget Law of Colorado, Sections 29-1-101 to 29-1-115, C.R.S.

2. The Board directs legal counsel to prepare and file an informational listing of all

contracts in effect with other political subdivisions with the Division on or before February 1, as

14 14

2

required by Section 29-1-205, C.R.S.

3. The Board designates Pinnacle Consulting Group, Inc. as the official custodian of

“public records,” as such term is used in Section 24-72-202, C.R.S.

4. The Board has established a policy regarding requests to inspect or obtain copies of

the Authority’s public records consistent with the requirements of and authority granted by the

Colorado Public (Open) Records Act, C.R.S. §24-72-205 (“Open Records Act”).

5. The Board determines to hold regular meetings on the fourth Wednesday of every

month at 4:00 p.m., January through October, and the second Wednesday at 4:00 p.m. in November

and December. The location of the meeting will be at the Leeper Center, 3735 Cleveland Ave.,

Wellington, Colorado.

6. The following agreements with non-governmental entities are subject to annual

appropriation during the budget process:

a. Agreement for Authority Management Services between Boxelder Basin Regional

Stormwater Authority and Pinnacle Consulting Services, Inc. (subject to annual

appropriation).

7. The Board has reviewed and previously approved the minutes from the December

5, 2013, January 22, 2014, February 26, 2014 (regular), February 26, 2014 (special), March 26,

2014, April 23, 2014, May 28, 2014, June 25, 2014, July 8, 2014, July 23, 2014, August 19,

2014, August 27, 2014, September 9, 2014, September 24, 2014, October 6, 2014, October 22,

2014, November 17, 2014, and December 10, 2014 meetings of the Board, which minutes are

attached hereto as Exhibit A.

Whereupon, the motion to adopt this resolution was seconded by Director ______, and upon

vote, unanimously carried.

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ADOPTED AND APPROVED THIS 28th DAY OF January, 2015.

BOXELDER BASIN REGIONAL STORMWATER

AUTHORITY

By:


ATTEST:

By:


I, George Reed, Secretary of the Board of Directors of Boxelder Basin Regional Stormwater

Authority, do hereby certify that the annexed and foregoing Resolution is a true copy from the

Records of the proceedings of the Boards of said Authority, on file with Greg White, general

counsel to the Authority.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the

Authority, at Larimer County, Colorado, this 28th day of January 2015.


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EXHIBIT A

MINUTES

December 5, 2013

January 22, 2014

February 26, 2014-Regular

February 26, 2014- Special

March 26, 2014

April 23, 2014

May 28, 2014

June 25, 2014

July 8, 2014

July 23, 2014

August 19, 2014

August 27, 2014

September 9, 2014

September 24, 2014

October 6, 2014

October 22, 2014

November 17, 2014

December 10, 2014

17 17

18 18

19 19

20 20

21 21

22 22

23 23

24 24

25 25

26 26

27 27

28 28

29 29

30 30

31 31

32 32

33 33

34 34

35 35

36 36

37 37

38 38

39 39

40 40

41 41

42 42

43 43

44 44

45 45

46 46

47 47

48 48

49 49

50 50

Boxelder Basin Regional Stormwater Authority Management Report January 21, 2015

1. Larimer Weld Canal Crossing Structure (LWCCS): Greg White has had discussions with

Butch Sommermeyer of the Larimer and Weld Canal Company. Mr. White will present a draft

agreement to the Authority Board in Executive Session at the January Board meeting. Manager

Myers has been in contact with Roger McConnell and Western Heritage (Norm Karasa) who own

the properties adjacent to the construction. They are currently reviewing the draft agreements

developed by Greg White.

2. Lake Canal Reservoir Agreement: A final version of this agreement has been reviewed and

executed by both parties.

3. AT&T Cable Relocation: Manager Myers has been contacted by Tom Jakse of Clearwater

Consulting who is managing this project for AT&T they are hoping to begin lowering their cable

within the next few weeks.

4. Mountain Vista Golf Course Coordination: Manager Myers and Rick Phelps met with Deryle

and Matt O’Dell (owners of Mountain Vista Golf Course) on December 29th the results of this

meeting were reported to the Board at the Special Meeting on January 6th. Based on direction

from the Board a draft agreement is being prepared by Greg White which will be reviewed in

Executive Session at the January Board Meeting.

5. Discussions with Doug Johnson: Doug Johnson has received a right of way offer letter for the

required right of way and flowage easement. Mr. Johnson has turned this over to his legal

counsel, Sean Rutledge. Greg White is initiating further discussion with Mr. Rutledge and will

report this to the Board in Executive Session in the January Meeting.

6. Information Request from the Town of Wellington: A memorandum was prepared for the

December 23, 2014 meeting of member entities (copy attached). Supplemental information has

been developed since this memorandum in an effort to clarify information. A Schedule of Sources

and Uses is attached to this report. Additional information will be submitted to the Board in

advance of the Board Meeting.

7. Status of ESDF Land Acquisitions: Manager Myers and Malcolm Murray intend to provide

and update on the Boxberger, Day and the Day recreational (partnership) parcels in Executive

Session at the January Board Meeting.

Items to be addressed in the next month:

Finalize discussions and execution of easements from McConnell and Karasa.

Continue discussion with Sean Rutledge on the Johnson ROW and flowage easement.

Finalize an agreement with the Larimer and Weld Canal Company on the Larimer-Weld Canal

Crossing Structure.

Finalize an agreement with the Mountain Vista Golf Course Owner.

Develop complete scope of services for Bidding and Construction Phase Services for Pinnacle,

Ayres and other consultants.

51 51


Schedule of Sources and Uses

Total Sources Total Uses

Sources in

Excess of Uses

Stormwater

Fees

Development

Fees

TDA

Contribution

CR52 IGA

Contributions

CWCB #1

ESDF Loan

Proceeds

CWCB #2

LWCCS Loan

Proceeds

CWCB #3 CR52

Loan Proceeds sum (a) - (g)

ESDF

Project

LWSSC

Project CR52 Project

Authority

O&M

Payments on

CWCB #1 ESDF

Loan

Payments on

CWCB #2

LWCCS Loan

Payments on

CWCB #3 CR52

Loan sum (i) - (o)

Prior year balance

plus (h) minus (p)

Prior year balance

plus 10% of (m), (n)

and (o)

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r )

2012 157,358$ 18,555$ -$ 650,473$

2013 731,056$ 97,977$ -$ -$ -$ -$ -$ 829,033$ 494,887 59,711 33,731 181,900$ -$ -$ -$ 770,230$ 709,276 -$

2014 770,000 211,000 75,936 - - - - 1,056,936 709,289 25,600 76,212 224,298 - - - 1,035,399 730,813 -

2015 739,570 60,000 279,743 1,038,274 7,171,000 1,010,000 818,100 11,116,687 7,470,466 1,045,133 1,746,431 205,277 98,601 13,888 10,226 10,590,022 1,257,478 -

2016 739,570 60,000 184,759 - - - - 984,329 - - - 134,185 589,881 83,082 66,075 873,223 1,368,584 73,904

2017 739,570 60,000 184,759 - - - - 984,329 - - - 138,211 589,881 83,082 66,075 877,248 1,475,665 147,807

2018 739,570 60,000 184,759 - - - - 984,329 - - - 142,357 589,881 83,082 66,075 881,394 1,578,600 221,711

2019 739,570 60,000 184,759 - - - - 984,329 - - - 146,628 589,881 83,082 66,075 885,665 1,677,264 295,615

2020 739,570 60,000 184,759 - - - - 984,329 - - - 151,027 589,881 83,082 66,075 890,064 1,771,530 369,519

2021 739,570 60,000 184,759 - - - - 984,329 - - - 155,557 589,881 83,082 66,075 894,595 1,861,264 443,422

2022 739,570 60,000 184,759 - - - - 984,329 - - 160,224 589,881 83,082 66,075 899,262 1,946,332 517,326

2023 739,570 60,000 184,759 - - - - 984,329 - - - 165,031 589,881 83,082 66,075 904,068 2,026,593 591,230

2024 739,570 60,000 184,759 - - - - 984,329 - - - 169,982 589,881 83,082 66,075 909,019 2,101,903 665,134

2025 739,570 60,000 184,759 - - - - 984,329 - - - 175,081 589,881 83,082 66,075 914,119 2,172,114 739,037

2026 739,570 60,000 184,759 - - - - 984,329 - - - 180,334 589,881 83,082 66,075 919,371 2,237,072 739,037

2027 739,570 60,000 184,759 - - - - 984,329 - - - 185,744 589,881 83,082 66,075 924,781 2,296,621 739,037

2028 739,570 60,000 184,759 - - - - 984,329 - - - 191,316 589,881 83,082 66,075 930,353 2,350,596 739,037

2029 739,570 60,000 184,759 - - - - 984,329 - - - 197,056 589,881 83,082 66,075 936,093 2,398,833 739,037

2030 739,570 60,000 184,759 - - - - 984,329 - - - 202,967 589,881 83,082 66,075 942,005 2,441,158 0

Totals 13,334,176$ 1,208,977$ 3,127,069$ 1,038,274$ 7,171,000$ 1,010,000$ 818,100$ 27,767,596$ 8,832,000$ 1,149,000$ 1,856,374$ 3,107,175$ 8,946,809$ 1,260,114$ 1,001,352$ 25,034,907$

Uses Portion of Fund

Balance Allocated

to CWCB Reserve

Year

Stormwater

Service Fees Debt Retirement

Cumulative Fund

Balance Sources

Capital Expenses

52 52

ENGINEER’S REPORT

January 28, 2015

ON-GOING WORK: Middle Basin or Larimer and Weld Canal Crossing Structure (LWCCS): Xcel has not completed their review of the power poles being impacted by the side spill weir as yet, but they have stated they will begin looking at the design drawings we have sent. This is at least some progress, and I will continue to keep the board posted. ESDF: Final Design Report: I received an email from Jeremy Franz (State Engineer) regarding his review of our Final Design submittal which included the Final Design Report, Technical Specs., design drawings, application and application fee. Jeremy stated that he is about 25% done with his review with no major comments yet. He feels he will complete his review by the middle of February. This should give us plenty of time to address any comments and obtain our permit from the State prior to the June construction date. 404 Permit Application: The State Historic Preservation Office (SHPO) has concurred with our report stating there are no significant impacts to historic features with the construction of ESDF. Matt Montgomery with the Corps of Engineers has said our permit will be approved and issued sometime this month, which is well ahead on our June construction date.

53 53

CLOMR: City of Fort Collins: The CLOMR was submitted to the City of Fort Collins on Wednesday November 29th, and we received review comments from the City on December 29th. We are working through the City of Fort Collins comments now and plan to re-submit to the City of Fort Collins on or before February 6th. None of the City of Fort Collins comments were significant in nature. Larimer County: We submitted the CLOMR to the Larimer County Flood Review Board on December 10th. We met with the Larimer County Flood Review Board on January 6th and received their comments. One comment of significance from the Flood Review Board was their desire to have the ESDF outlet gauged and possibly tied into the City of Fort Collins Flood Early Warning System. They also requested that the Authority pay for Water and Earth Technologies (WET) to design a roadway overtopping warning sign/system for CR 52. They originally requested that the Authority construct enough box culverts under CR 52 to reduce the overtopping depths to current standards. The warning system was a compromise. I have contacted Markus Ritsch with WET to obtain a scope of work and fee estimate for designing both the downstream gauge at the outlet to ESDF and the warning system at CR 52. On January 12th Andrea attended the Larimer County Commissioners hearing on the Boxelder CLOMR. The CLOMR was approved by the Commissioners pending Ayres adequately addressing the flood review comments including the CR 52 concerns. FEMA: We submitted the CLOMR to FEMA on December 19th. We were notified that Michael-Baker has been assigned our case and have begun working with their reviewer. We have not received initial comments from them as yet, but would expect them before the February board meeting. We have budget remaining to address comments received from the City of Fort Collins, Larimer County and FEMA. Our goal is to finalize the CLOMR and gain approvals from the three entities by May 1st, 2015. Peer Review of ESDF: I contacted Duane Smith about his peer review of ESDF. He noted that although he had not begun, he will make it a priority, particularly since the State Engineer (Jeremy Franz) is making progress. I will continue to report on this in the coming months. Next Steps for ESDF: We were contacted by Don Ash who is the engineer hired by the Day family to review our design. We have sent them copies of the CLOMR, along with a jump drive which has all of our design drawings and other design data on it. We have not heard anything from them, since we sent them all of our design data. I will continue to report on this until it is resolved. County Road 50 Design: We are continuing to work with the County to resolve concerns related to the future CR 50 design and how it relates to the spillway construction. The County has reviewed Ayres design for the CR 50 drainage culvert sizes and placement and has approved that design. Our remaining issue is related to the future design of CR 50 and how that might impact the flowage easements, or the spillway design. We are meeting with the County on January 20th to discuss their future design for CR 50. Ayres will likely need to put this design into the 2-D hydraulic model they prepared for the spillway to determine if it changes any of the design components related to the spillway scour protection or the downstream flowage easement limits. I will continue to keep the board updated on this issue until it is resolved.

54 54

Design Budgets: Based on our current level of design and where we are with our budgets I feel the design effort is in good shape in terms of budget tracking. I will know more once we receive comments back from the SEO on our design, but I have left some budget to address those comments along with comments from Duane Smith.

55 55

Documents

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