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April 4, 2023 Minutes

Pursuant to C.R.S., §32-1-903, notice is hereby given to the members of the Upper Thompson Sanitation District Board of Directors and to the general public that the Board will hold a special meeting, which is open to the public, at 4:30 p.m. on Tuesday, April 4, 2023, at the Upper Thompson Sanitation District Administrative Office, 2196 Mall Road, Estes Park, CO, 80517. Individuals who wish to address the Board via public participation may do so “in-person”, via telephone, or virtually through online participation, facilitated by the Microsoft Teams platform. Members of the public wishing to join the meeting via online or telephone participation, please email a request for the meeting link or telephone number to Ms. Gina Moore, Secretary to the Board, at gina@utsd.org by 2:00 p.m. on April 4, 2023.

Agenda

  1. Call to Order.
  2. Pledge of Allegiance.
  3. Roll Call, Absences Excused.
  4. Next Meeting Date: Regular Board Meeting, Tuesday, April 18, 2023, at 4:00 p.m.
  5. Agenda: Correction and Approval.
  6. Disclosure of Potential Conflicts of Interest.
  7. Public Forum: An opportunity for presentation by the public to provide information to the Board of Directors on any non-agenda item. Note: The Board cannot take any action on non-agenda items but may direct staff to include the item on a future agenda.
    Public Comment on Agenda Items: Public comments will be heard by the Board at the conclusion of the presentation of the agenda item. Persons addressing the Board shall first be recognized by the District Manager or Board Chairman and may speak only one time per agenda item. Speakers shall state their name and address for the official minutes, address comments to the Board as a Body, and shall be allotted three (3) minutes for public comment.
  8. Minutes: Correction and Approval:
    Regular Board Meeting, March 21, 2023
    Special Board Meeting, March 28, 2023
  9. Executive Session: §24-6-402(4)(e), C.R.S., Determining positions relative to matters that may be subject to negotiation, developing strategy for negotiations, and instructing negotiators related to the cost estimate for the Water Reclamation Facility and Lift Station Improvements Project.
  10. Adjournment.

Upper Thompson Sanitation District (District) prohibits discrimination against its customers, employees, and applicants for employment on the basis of disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, or ancestry, and in employment or in any program or activity conducted by the District. The District will make reasonable accommodation for qualified individuals with known disabilities. If any person has a disability and requires a reasonable accommodation to fully participate in this event, please contact District Manager, Mr. Chris Bieker, three days before the event via email at chris@utsd.org, or telephone at 970.586.4544, or dial 711 to connect with Relay Colorado.

Record of Proceedings

Minutes of a Special Meeting of the Board of Directors of 

Upper Thompson Sanitation District
Held: April 4, 2023, at 4:30 p.m., at the
District Office, 2196 Mall Road, Estes Park, Colorado

Call to Order

A special meeting of the Board of Directors of the Upper Thompson Sanitation District, Estes Park, Colorado, was called to order at 4:30 p.m. and held as shown above and in accordance with the applicable statutes of the State of Colorado with the following Directors present and acting:

Pledge of Allegiance

The Pledge of Allegiance was recited.

Attendance

Board of Directors:
Jack Reed, Chairman
Susan Doylen, Vice-Chairman/Secretary
*Kent Bosch, Assistant Secretary/Treasurer
Ronald I. Duell, Treasurer/ Assistant Secretary
Christopher Eshelman, Director

Staff:
Chris Bieker, District Manager
Suzanne Jurgens, Assistant District Manager
Gina Moore, Financial Officer
Matt Allen, Operations Manager
*Nathanael Romig, Collection Superintendent
Henry Newhouse, Plant Superintendent
Sheryl Panzer, Customer Accounts Manager

Guests:
Steve Ravel, P.E., Water/Wastewater Project Manager, Menick & Company John Kuosman, Water/Wastewater Division Leader, Merrick & Company

* Joined via web conference call

Next Meeting Date

The next regular meeting of the Board of Directors will be held on April 18, 2023.

Approval of Agenda

The Board considered the Agenda.

It was moved by Ms. Doylen and seconded by Mr. Eshelman to approve the Agenda as presented. Motion carried unanimously.

Disclosure of Potential Conflicts of Interest 

Disclosure of potential conflicts of interest is a topic of discussion at every Board meeting to address potential conflicts of interest that may arise as new agenda items are introduced. District Directors who have disclosed potential conflicts of interest can vote as issues arise.

Public Forum

Mr. Reed opened the meeting for public comment.

Mr. Reed explained the Public Forum is an opportunity for presentation by the public to provide information to the Board of Directors on any non-agenda item. He further explained the Board cannot take action on non-agenda items but may direct staff to include the item on a future agenda.

Regarding public comment on Agenda Items, Mr. Reed provided the following statement:

Public comments will be heard by the Board at the conclusion of the presentation of the agenda item. Persons addressing the Board shall first be recognized by the District Manager or Board Chairman and may speak only one time per agenda item. Speakers shall state their name and address for the official minutes, address comments to the Board as a Body, and shall be allotted three (3) minutes for public comment.

No members of the public joined the meeting.

Approve Minutes from Prior Meetings

The Board reviewed and discussed the Minutes of the March 21, 2023, Regular Board Meeting and the Minutes of the March 28, 2023, Special Board Meeting.

It was moved by Ms. Doylen and seconded by Mr. Eshelman to approve the Minutes of the March 21, 2023, Regular Board Meeting as presented. Motion carried unanimously.

It was moved by Ms. Doylen and seconded by Mr. Eshelman to approve the Minutes of the March 28, 2023, Special Board Meeting as presented. Motion carried unanimously.

Executive Session

At 4:35 p.m., it was moved by Ms. Doylen and seconded by Mr. Eshelman to go into Executive Session pursuant to §24-6-402( 4)( e ), C.R.S. "Determining positions relative to matters that may be subject to negotiation, developing strategy for negotiations, and instructing negotiators related to the cost estimate for the Water Reclamation Facility and Lift Station Improvements Project." Motion carried unanimously.

The Executive Session was attended by Directors Reed, Doylen, Bosch, Duell and Eshelman; Mr. Bieker, Ms. Jurgens, Ms. Moore, Mr. Allen, Mr. Romig, Mr. Newhouse, Ms. Ponzer; Mr. Ravel and Mr. Kuosman.

The Board did not engage in substantial discussion of any matter not enumerated in §24-6-402(4)(e) C.R.S., nor did it adopt any proposed legislative policy, position, resolution, rule, regulation, or formal action.

The Executive Session was adjourned at 6:25 p.m.

At 6:26 p.m., the Board returned to regular session.

Mr. Kuosman and Mr. Ravel asked the Board to determine a maximum cost for the Water Reclamation Facility and Lift Station Improvements Project (Project). The maximum Project cost will facilitate the engineering team's efforts for design and adherence to the total Project cost. Additionally, the maximum Project cost will be used as the District pursues financial support from various funding entities.

The Board considered and discussed spreadsheets illustrating four Project cost scenarios and corresponding debt service coverage and estimated service rates needed to support those costs. The spreadsheets were prepared by Hilltop Securities, Inc.

It was moved by Ms. Doylen and seconded by Mr. Duell to direct the Project team to proceed with the $89 million total Project construction cost with contingency option ($80 million total construction cost, $9 million total contingency). Motion carried unanimously.

Adjournment

Having no further business, at 6:27 p.m. it was MOVED by Mr. Eshelman and seconded by Mr. Duell to adjourn the meeting. Motion carried unanimously.