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/study session, which is open to the public, at 8:30 a.m. to 3:00 p.m. on Tuesday, June 27, 2023, at the Quality Inn Conference Room, 2nd Floor/East Side of Main Building, 1450 Big Thompson Avenue, Estes Park, CO, 80517. Individuals who wish to address the Board via public participation may do so “in-person” at the meeting. Members of the public wishing to join the meeting, please notify Ms. Gina Moore, Secretary to the Board, at gina@utsd.org by 2:00 p.m. on June 26, 2023.
Agenda
- Call to Order.
- Roll Call, Absences Excused.
- Pledge of Allegiance.
- Next Meeting Date: Regular Board Meeting, Tuesday, September 19, 2023.
- Agenda: Correction and Approval.
- Disclosure of Potential Conflicts of Interest.
- 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. - Minutes: Correction and Approval: Regular Board Meeting, July 18, 2023.
Special Board Meeting, June 27, 2023. - New Business and Special Orders:
- District Compliance with House Bill 21-1110 (HB-110) – presented by Ms. Jurgens.
- Update: Phase II - Design of the Water Reclamation Facility and Lift Station Improvements Project – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
- Line Acceptance: Mr. Tommy Fulton Jr., Ms. Laurie Fulton, Mr. Frank Castro Jr., and Ms. Melissa Castro, Stonegate Drive, Estes Park, Sections F-61-2-13-4a-4 to F-61-2-13-14a-5 (Includes One New Manhole) – presented by Mr. Romig.
- Appointment of Budget Officer for 2024 Budget – presented by Mr. Bieker.
- Reports of Officers, Committees, and Staff: Questions, Comments, Correction and Approval:
- Treasurer’s Report.
- Plant Report.
- System Development Fee Allocation and Connection Report.
- Collection System Report.
- Operations Manager’s Report.
- Assistant District Manager’s Report.
- District Manager’s Report.
- 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 Regular Meeting of the Board of Directors of
Upper Thompson Sanitation District
Held: August 15, 2023, at 4:00 p.m., at the District Office, 2196 Mall Road, Estes Park, Colorado
Call to Order
A regular meeting of the Board of Directors of the Upper Thompson Sanitation District, Estes Park, Colorado, was called to order at 4:01 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:
Attendance
Board of Directors:
Susan Doylen, Vice-Chairman/Secretary
Ronald I. Duell, Treasurer/Assistant Secretary
Kent Bosch, Assistant Secretary/Treasurer
Christopher Eshelman, Assistant Secretary/Treasurer
Absent:
It was moved by Mr. Bosch and seconded by Mr. Duell to excuse the absence of Director Reed. Motion carried unanimously.
Staff:
Chris Bieker, District Manager
Suzanne Jurgens, Assistant District Manager
Gina Moore, Financial Officer
Matt Allen, Operations Manager
Henry Newhouse, Plant Superintendent
Sheryl Panzer, Customer Accounts Manager
*Naomi McCracken, Secretary
Guests:
Steve Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company *
John Kuosman, Water/Wastewater Division Leader, Merrick & Company
* Joined via web conference call
Pledge of Allegiance
The Pledge of Allegiance was recited.
Next Meeting Date
The next regular meeting of the Board of Directors will be held on September 19, 2023, at 4:00 p.m.
Approval of Agenda
The Board considered the Agenda.
It was moved by Mr. Duell and seconded by Mr. Bosch 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. Eshelman opened the meeting for public comment.
Mr. Eshelman 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. Eshelman 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.
Three members of the public joined the meeting, via web conference call. One member of the public joined the meeting in person.
In attendance via web conference call, was Mr. Stewart Squires, of 618 Park River Place, Estes Park, Mr. Gerald (Jerry) Darmafall, of 1331 Willow Lane, Estes Park and Mr. Jeff Hanrahan, Reporter for the Estes Park Trail-Gazette. Mr. Squires, Mr. Darmafall, and Mr. Hanrahan did not offer comment on a non-agenda item. In attendance was Ms. Rebecca Urquhart, of 1955 Homestead Lane, Estes Park. Ms. Urquhart indicated she was observing the meeting on behalf of the League of Women Voters.
Approve Minutes from Prior Meeting
The Board reviewed and discussed the Minutes of the July 18, 2023, Regular Board Meeting.
It was moved by Ms. Doylen and seconded by Mr. Bosch to approve the Minutes of the July 18, 2023, Regular Board Meeting as presented. Motion carried unanimously.
Following up from the July 18, 2023, Regular Board Meeting, Mr. Eshelman reminded the Board to visit the Bank of Colorado and meet with Ms. Ann Marie Judson to sign updated signatory authorization forms.
New Business and Special Orders
District Compliance with House Bill 21-1110 (HB-110) - presented by Ms. Jurgens:
Ms. Jurgens highlighted the new format changes in the July 18, 2023, Regular Board Meeting Minutes and the August 15, 2023, Agenda for the Regular Board Meeting. Ms. Jurgens noted these changes are the beginning of the District's efforts to comply with House Bill (HB) 21-1110.
Ms. Jurgens explained that on June 30, 2021, Colorado Governor Polis signed House Bill 21-1110 (Bill) into law and Colorado became the first state to require both state and local government entities to meet established website accessibility standards. This law covers what is already included in the Federal Americans with Disabilities Act (ADA), but the regulations have now been encoded into state law. Under the law, government websites must provide reasonable accommodations for people with disabilities.
Ms. Jurgens read to the Board the definition of accessibility per HB 21-1110 as: "Perceivable, operable, and understandable digital content that enables an individual with a disability to access the same information, engage in the same interactions, and enjoy the same services offered to other individuals, with the same privacy, independence and ease of use as exists for individuals without a disability."
Ms. Jurgens noted that the new Bill takes accessibility standards one step further with its consistent standards and penalties. Any state or local government agency that does not comply with the website accessibility standards will violate the law and be charged with noncompliance by July 1, 2024. The new law allows people to bring a civil rights website accessibility lawsuit to a state court, not just a Federal court, thereby making it easier to sue a non-accessible government site. Entities facing noncompliance to web accessibility standards could be subject to injunctive relief, meaning a court order to fix the problem, actual monetary damages, or a fine of $3,500 ($1,750 for small entities), payable to the plaintiff who must be someone from the disability community.
Ms. Jurgens reiterated by July 1, 2024, each state agency must fully implement its plan to ensure that their websites are accessible. To ensure compliance, state agencies must follow the latest version of the Web Content Accessibility Guidelines (WCAG). Government websites have to offer perceivable, operable, understandable, and robust digital content that enables individuals with a disability to access the same information.
Ms. Jurgens provided the following definitions of the four main principals of the Web Content Accessibility Guidelines as it relates to the District:
Perceivable:
Refers to how easily an online user can interpret the content and elements on the District's website using their senses, including color, text, spacing, images, and video captions. Basically, the District needs to ensure content is easier to read.
Operable:
Refers to someone's ability to use the District's website, including those with motor disabilities and injured limbs. For example, the District's website should be completely operable using a keyboard alone or with sight-assisted navigation technology.
Understandable:
A user should be able to understand the District's website, which means the District cannot use complex terminology or have complicated usage instructions.
Robust:
A robust website is one that's compatible with assistive technology that disabled users rely on. Clean code is one way to make this possible.
Ms. Jurgens then informed the Board that the District has engaged the professional services of Trisha Coberly, of Cob-WebCreations (Loveland, Colorado) to remediate website accessibility to bring the website to Web Content Accessibility Guidelines (WCAG) 2.1 AA Guidelines. The District's website technical specifications will be changed to improve the accessibility of web content and applications across all devices for people with a wide range of disabilities - including auditory, cognitive, neurological, physical, speech, and visual disabilities.
Ms. Jurgens stated that the remediated website will require Statewide Internet Portal Authority (SIPA) to make platform changes beyond Cob-WebCreation's control. Some issues to remediate on the website include, but are not limited to:
- Contract Ratio
- Form Labels
- Tab Navigation
- Heading Order
- Consistent Spacing
- Design Differences across Different Devices, Views, and Screens
Ms. Jurgens explained that moving forward there will be additional efforts by the District to comply with the Bill including editing existing templates, documents, and forms enabling them to be compliant on the website.
Ms. Jurgens mentioned that July's meeting minutes were provided to Ms. Linda Glesne, of CEGR Law, for review and consideration and that the District will consult with Ms. Glesne as needed to ensure compliance with the new Colorado accessibility law.
Ms. Jurgens concluded stating that on July 5, 2023, the District submitted a grant application to SIPA requesting funding for the cost of website remediation. Ms. Jurgens thanked Ms. Shellie Tressel! for preparing and submitting the grant application. SIPA will announce grant awards the week of September 11, 2023.
Ms. Jurgens answered questions of the Board regarding the cost of website accessibility compliance, and the applicability of accessible links on the District website.
The Board thanked Ms. Jurgens for her presentation on District compliance with House Bill 21-1110.
Update: Phase II
Design of the Water Reclamation Facility and Lift Station Improvements Project - presented by Mr. Ravel, PE, Water/Wastewater Project Manager, Merrick & Company:
Regarding the design of the Water Reclamation Facility and Lift Station Improvements Project (Project), Mr. Ravel noted the following updates which occurred after the July 18, 2023, Regular Board Meeting:
- Overall Project:
- Meetings were conducted with the District and Garney Construction to review the project.
- Meetings were conducted with the District to review project financing and funding opportunities.
- The Colorado Department of Public Health and Environment (CDPHE) issued updated preliminary effluent limits (PEL) for use with the site application process on August 2, 2023.
- The updated letter of interest (LOI) is under review by WIFIA (Water Infrastructure Finance and Innovation Act) with a response anticipated by mid-September 2023.
- An updated project schedule including permitting, financing, and design considerations will be further developed for completion of the project following response from WIFIA.
- Fish Creek Lift Station (FCLS), Wapiti Lift Station (WLS), WLS Interceptor, and WLS Force Main:
- The site location application Process Design Report (PDR) is under review by the CDPHE.
- Water Reclamation Facility (WRF):
- The site location application is under review by the CDPHE. The CDPHE has committed to a completion date of September 5, 2023, pending review and comment by Merrick on the updated PELs.
- Larimer County and Estes Valley Planning Advisory Committee:
- The WRF site Re-Zoning Application was approved by the Estes Valley Planning Advisory Committee (EVPAC) on July 20, 2023.
- The WRF site Re-Zoning Application was approved by Larimer County as a consent agenda item at the July 31, 2023, Land Use Hearing.
- The WRF site plan submittal is under review by Larimer County.
Mr. Ravel commended Mr. Michael Whitley, Senior Planner with the Larimer County Planning Division, for his competency in assisting the District through the re-zoning and location and extent review processes as well as ensuring the District is in compliance and following protocol.
Mr. Ravel answered questions of the Board regarding the re-zoning meeting with the Estes Valley Planning Advisory Committee and the issued updated preliminary effluent limits.
The Board thanked Mr. Ravel for the Project update.
At 4:39 p.m., Mr. Squires excused himself from the remainder of the meeting.
Line Acceptance
Mr. Tommy Fulton Jr., Ms. Laurie Fulton, Mr. Frank Castro Jr., and Ms. Melissa Castro, Stonegate Drive, Estes Park, Sections F-61-2-13-4a-4 to F-61-2-13-14a-5 (Includes One New Manhole)- presented by Mr. Romig:
Mr. Romig described the Application for Sewer Line Acceptance from Mr. and Ms. Fulton and Mr. and Ms. Castro, for two new homes, located on Stonegate Drive in Estes Park. He explained the line consists of sewer main sections F-61-2-13-4a-4 to F-61-2-13-4a-5. This section of sewer main totals approximately 269.5 linear feet in length and includes the installation of one new manhole. The sewer main is warranted and guaranteed by the Contractor, J & S Excavating, Inc. Doing Business As (OBA) Kearney and Son's Excavating, for a period of two (2) years (ending May 9, 2025) to be free from all defects due to faulty materials or workmanship. Mr. Romig reported the sewer line section was televised, the manhole was water tested, and all components have passed inspection.
The Board reviewed and discussed the application.
Mr. Romig answered questions of the Board.
It was moved by Ms. Doylen and seconded by Mr. Bosch to accept the collection lines installed by J & S Excavation for Mr. and Ms. Fulton and Mr. and Ms. Castro at the area of Stonegate Drive in Estes Park; sections F-61-2-13-4a-4 to F-61-2-13-4a-5, including one new manhole. Motion carried unanimously.
Appointment of Budget Officer for 2024 Budget
Presented by Mr. Bieker:
Mr. Bieker reported that C.R.S. §29-1-105 states that the Board must designate a qualified person who shall prepare the 2024 District Budget and submit it to the Board on or before October 15, 2023.
Mr. Bieker stated the proposed budget will be presented to the Board at a special board meeting, which is presumed to be Tuesday, October 10, 2023.
Mr. Bieker noted Ms. Moore would be the logical choice to serve in the role of Budget Officer, as she served previously and is the Financial Officer of the District.
Mr. Bieker commented that District staff is asking for approval from the Board to appoint Ms. Moore as the Budget Officer for the District's 2024 Budget.
The Board discussed appointing a Budget Officer and scheduling a special board meeting.
It was moved by Mr. Bosch and seconded by Mr. Duell to appoint Ms. Moore as Budget Officer for the 2024 budget. Motion carried unanimously.
It was moved by Mr. Bosch and seconded by Mr. Duell to schedule a Special Board Meeting on Tuesday, October 10, 2023, at 4 p.m., for the 2024 preliminary budget review. Motion carried unanimously.
Reports of Officers, Committees, Professional Consultants, & Staff
In addition to the Assistant District Manager's Report, Ms. Jurgens reported to the Board that over 100 guests attended the District Open House, held on August 3, 2023. Ms. Jurgens highlighted that 69 public attendees toured the plant. Ms. Jurgens thanked District Staff and GBSM for their efforts in preparing for and facilitating the Open House. Ms. Jurgens thanked the District Board of Directors, Rocky Mountain National Park Service, and the public for attending the event. Ms. Jurgens also thanked GBSM, Merrick & Company, and DuPont for attending and presenting at the Open House. Ms. Jurgens mentioned there was positive press from the Open House reported in the Estes Park Trail Gazette.
Ms. Jurgens stated the District's Annual Summer Picnic held at Ride-A-Kart on August 10, 2023, was well attended by the District Board of Directors and Staff, along with invitees from District professional organizations. Ms. Jurgens thanked the Kessler family, owners of Ride-A-Kart, for hosting the District's summer picnic.
It was moved by Mr. Bosch and seconded by Mr. Duell to accept the Treasurer's Report, Plant Report, System Development Fee Allocation and Connection Report, Collection System Report, Operations Manager's Report, Assistant District Manager's Report and District Manager's Report. Motion carried unanimously.
Adjournment
Having no further business, at 4:53 p.m. it was moved by Mr. Bosch and seconded by Mr. Duell to adjourn the meeting. Motion carried unanimously.