December 17, 2024 Minutes

Upper Thompson Sanitation District
Regular Meeting of the Board of Directors
District Administrative Conference Room

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 its regular meeting, which is open to the public, at 4:00 p.m. on Tuesday, December 17, 2024, at the Upper Thompson Sanitation 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 Zoom 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 December 17, 2024. 

Agenda

1. Call to Order.
2. Pledge of Allegiance.
3. Roll Call, Absences Excused.
4. Next Meeting Date: Regular Board Meeting, January 21, 2025.
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.  All public commentary must be made at the podium or offered virtually via Zoom Chat.
8. Minutes: Correction and Approval: Regular Board Meeting, Tuesday, November 19, 2024.
9. New Business and Special Orders:
   1. Update:  Phase II - Design of the Water Reclamation Facility (WRF) and Lift Station Improvements Project –presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
   2. Consideration for Adoption:  Resolution No. 2024-12-01 A Resolution to Adopt 2025 Budget – presented by Mr. Bieker and Ms. Moore.
   3. Consideration for Adoption:  Resolution No. 2024-12-02 A Resolution Calling for The 2025 Regular District Election and Appointing a Designated Election Official – presented by Ms. Jurgens.
10. Reports of Officers, Committees, and Staff: Questions, Comments, Correction and Approval:
    1. Treasurer’s Report.
    2. Plant Report.
    3. System Development Fee Allocation and Connection Report.
    4. Collection System Report.
    5. Operations Manager’s Report.
    6. Assistant District Manager’s Report.
11. Adjournment.

Upper Thompson Sanitation District (District) prohibits discrimination against its customers, employees, and applicants for employment on the basis of race (including traits historically associated with race, such as hair texture and length, protective hairstyles), color, ethnic or national origin, ancestry, age, disability, sex, gender, sexual orientation, gender identity and expression, religion, creed, political beliefs, marital status, familial or parental status in employment or in any program or activity conducted by the District.  The District will make reasonable accommodations 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: December 17, 2024 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 4:02 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: 
Christopher Eshelman, Chairman 
Susan Doylen, Vice-Chairman/Secretary 
Stanley Gengler, Treasurer 
Kent Bosch, Assistant Treasurer/Secretary 
Michael Morton, Assistant Treasurer/Secretary 

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 (at 4:00 p.m., joined the meeting via web conference call, at 5:01 p.m., arrived at the meeting in person) 

Guests: 
Steve Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company (joined via web conference call) 

Next Meeting Date 

A regular meeting of the Board of Directors will be held on January 21, 2025, at 4:00 p.m. 

The Board discussed the scheduled regular board meeting on September 16, 2025, and directed staff to reschedule the meeting to September 23, 2025, due to a conflict with the annual Special District Association Conference. 

Approval of Agenda 

The Board considered the Agenda. 

It was moved by Ms. Doylen and seconded by Mr. Morton 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 stand at the podium, 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. 

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. Ms. Urquhart did not offer comment on a non-agenda item. 

Approve Minutes from Prior Meeting 

The Board reviewed and discussed the Minutes of the November 19, 2024, Regular Board Meeting. 

It was moved by Ms. Doylen and seconded by Mr. Morton to approve the Minutes of the November 19, 2024, Regular Board Meeting as presented. Motion carried unanimously. 

New Business and Special Orders 

Update: Phase II - Design of the Water Reclamation Facility and Lift Station Improvements Project­prepared 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 provided the following updates in the board packet which occurred after the November 19, 2024, Regular Board Meeting: 

• Final Contract Documents for Bid Package A- WRF were submitted to the Colorado Department of Public Health and Environment (CDPHE) financial team for review.
• The building department permits (one FCLS package, one WLS package, and four WRF packages) were submitted to the Larimer County Building Department.
• The US Bureau of Reclamation (USBR) provided the final signed Finding of No Significant Impact (FONSI) and Environmental Assessment (EA) on December 9, 2024.
• A copy of the FONSI and EA were submitted to the US Army Corps of Engineers (USACOE) on December 9, 2024, for use with obtaining nationwide permits for the WRF outfall, force main river crossing, and wetlands crossing.
• A copy of the FONSI and EA were submitted to the CDPHE and US Environmental Protection Agency (EPA) on December 9, 2024.
• The Estes Valley Fire Protection District (EVFPD) verbally indicated they have no further comments regarding the project.
• Final review of the 100% design documents (contract forms) is underway by the District's legal counsel.
• Advertisement for bidding of Bid Package A- WRF is scheduled for December 30, 2024. The pre­qualified contractors have been notified of the schedule and tentatively invited to the prebid conference.

Mr. Ravel informed the Board that the prebid meeting for the Water Reclamation Facility segment of the Project is scheduled for January 9, 2025, at the District's Administration office. He mentioned that several contractors have confirmed their attendance. The mandatory pre bid meeting invite will officially be posted on Bid Net Direct on December 30, 2024. The bid opening is currently scheduled for February 19, 2025. 

Mr. Ravel noted that after receiving design approval from CDPHE, the required self-certification document was submitted and also approved by CDPHE. Mr. Ravel highlighted that all permits are in place except for the building department permit, which is under review by Larimer County. 

Mr. Ravel and the Board then discussed scheduling a meeting with Larimer County to inquire about inspection services included in the building permit fees, to understand the inspection process, and to request a reassessment of the plan review and building permit fees. Mr. Ravel recommended the District initiate the meeting with Larimer County. 

The Board directed Ms. Moore to not pay Larimer County permit fees as invoiced for the Water Reclamation Facility in 2024, and reappropriate those permit fees into the 2025 Budget. 

The Board thanked Mr. Ravel for the Project update. 

Consideration for Adoption: Resolution No. 2024-12-01 A Resolution to Adopt 2025 Budget - presented by Mr. Bieker and Ms. Moore: 

Mr. Bieker stated he is pleased to present the final version of the 2025 Budget to the Board for consideration of approval. 

Mr. Bieker said the final budget has been revised since it was presented to the Board at the public hearing during the November 19, 2024, Regular Board Meeting. The budget message and spreadsheets reflect updated information and data through November 30, 2024. 

Mr. Bieker reminded the Board that the budget is in compliance with legal requirements showing estimated beginning and ending fund balances, previous year audited figures, year-end estimated figures for 2024, and figures for the year in which the budget will be adopted. 

Ms. Moore stated the 2025 Budget revenue includes a 10.5% increase in rates for metered, non-metered, hauled waste, and data collection fees, as adopted by the Board via Resolution No. 2024-09-02 at the September 17, 2024, Regular Board Meeting. 

Ms. Moore then explained that 2025 system development revenue forecasts the sale of twelve new system development fees (SDF) at the rate of $18,100 per SDF, as adopted by the Board via Resolution No. 2024-09-01. Ms. Moore informed the Board as of December 16, 2024, the District has met the 2024 budget goal of 12 new system development fees sold.

Ms. Moore noted that on December 11, 2024, she submitted Requisition No. 003 to Colorado Water Resources and Power Development Authority (CWRPDA) for Phase II WRF reimbursements. The 2025 Budget reflects anticipation of receiving this reimbursement amount for Requisition No. 003 before year end 2024 and the remaining loan amount from CWRPDA to be requisitioned and received in budget year 2025. 

Ms. Moore then reviewed the changes made to the 2025 budget figures since the November 19, 2024, Regular Board Meeting, at which a public hearing regarding the proposed budget was conducted. 

Ms. Moore then stated the 2024 forecast spreadsheet has been updated to reflect actual year-to-date revenues and expenses through November 30, 2024. 

Additionally, Ms. Moore stated the 2024 estimated revenues and expenses have been revised based on year-to-date figures and staff input and reflect a best effort to predict final totals. 

Mr. Bieker then reported to the Board that since the November 19, 2024, Board meeting, he has not received comments and questions from customers of the District or other members of the community regarding the 2025 budget. 

Mr. Bieker summarized the revenue budget stating that after final revisions to the 2025 budget, the General Fund Budget Summary indicates operational revenues to be $7,179,203, capital revenues to be $223,200, and revenue from the Water Infrastructure Finance and Innovation Act (WIFIA) and CWRPDA loans to be $41,057,584. The District is budgeted to contribute $5,400,000 from cash reserves to support construction of the Water Reclamation Facility and Lift Station Improvements Project. The total revenue for 2025 is budgeted conservatively at $53,859,987. 

Mr. Bieker highlighted that budgeted overhead expenditures for the year 2025 total $4,733,644, and budgeted operation expenditures total $1,224,400. Budgeted operation and overhead expenditures total $5,958,044, capital expenditures in 2025 are budgeted at $48,926,000, and debt service payments total $1,591,210 for 2025. All expenditures for the year, including overhead, operation, and capital, equal $56,475,254. 

Mr. Bieker noted that the 2025 budget indicates a net operating/capital deficit of $2,615,267. The 2025 deficit is resultant of planned capital expenses for the year and will be covered by District reserve funds to maintain a balanced budget. 

Mr. Bieker explained that the anticipated 2025 beginning fund balance is $20,023,906 and the anticipated 2025 ending fund balance is $17,408,639. 

Mr. Bieker invited the Board to consider adopting Resolution No. 2024-12-01 A Resolution to Adopt 2025 Budget. 

The Board asked questions of Mr. Bieker and Ms. Moore and discussed the 2025 Budget, including the recent revisions to the document since the November 19, 2024, board meeting. 

The Board acknowledged the District staff for their contributions and efforts on the 2025 Budget. 

It was moved by Ms. Doylen and seconded by Mr. Morton to adopt Resolution No. 2024-12-01, Adopting the 2025 Budget with the adjustment of reallocating Larimer County permit fees to 2025 capital expenditures. Motion carried unanimously. 

Consideration for Adoption: Resolution No. 2024-12-02 A Resolution Calling for the 2025 Regular District Election and Appointing a Designated Election Official - presented by Ms. Jurgens: 

Ms. Jurgens presented Resolution No. 2024-12-02, A Resolution Calling for the 2025 Regular District Election and Appointing a Designated Election Official (Resolution), to the Board for consideration. 

Ms. Jurgens outlined for the Board that the Resolution declares that: 

• The terms of office of four Directors - Directors Gengler, Bosch, Eshelman, and Morton all expire on May 6, 2025.
• An election must be conducted to elect one Director to serve a term of two years through 2027 (Gengler's office), and three Directors to serve a term of four years through 2029 (the offices of Bosch, Eshelman, and Morton).

Ms. Jurgens stated the Resolution resolves the following: 

• The May 6, 2025, election is to be conducted between the hours of 7:00 a.m. and 7:00 p.m. in accordance with the Election Laws and four Directors may be elected to serve on the Board.
• There will be one election precinct for the convenience of the eligible electors, the boundaries of which shall be identical to the boundaries of the District, and one polling place at the District administration building, 2196 Mall Road, Estes Park, Colorado.
• The polling place shall also be for disabled electors and eligible electors not residing within the District.
• The Designated Election Official may determine that holding the election in conjunction with other special districts with overlapping boundaries, which are conducting elections on the same day, would be more expedient and convenient for eligible electors. This coordinated election will require the execution of agreements to allocate responsibilities and share the costs of conducting the election in a fair and reasonable manner. 
• Designates Ms. Suzanne Jurgens, as the District's Designated Election Official (DEO) for conducting the election.
• Provides authority for the DEO to proceed with any action necessary or appropriate to effectuate the provisions of the Resolution and of the Election Laws, or other applicable laws.
• States that Self-Nomination and Acceptance Forms will be available at the District administration building or via email request and may be filed with the DEO no earlier than January 1, 2025, nor later than the close of business on Friday, February 28, 2025.
• On March 4, 2025, if there are no more candidates than offices to be filled at the election, including candidates timely filing affidavits of intent no later than March 3, 2025, the DEO shall cancel the election and declare the candidates elected and publish notice of the cancellation.

Ms. Jurgens added that the cost of a polling place election has been budgeted in 2025. 

Ms. Jurgens then invited the Board to ask questions and discuss the Resolution. 

The Board discussed the 2025 election and the Resolution. 

It was moved by Ms. Doylen and seconded by Mr. Bosch to adopt Resolution No. 2024-12-02 Calling for the 2025 Regular District Election and Appointing Ms. Jurgens as the Designated Election Official. Motion carried unanimously. 

Reports of Officers, Committees, Professional Consultants, & Staff 

The Board considered the Reports of Officers, Committees, Professional Consultants, and District Staff. 

The Board asked the staff questions regarding the departmental reports. 

The Board did not have corrections to the departmental reports. 

The Board thanked District Staff for preparing the reports. 

Mr. Bieker thanked the Board for the holiday party. 

The Board recognized that this would be Mr. Bieker's final meeting, as he retires on January 2, 2025, after 38 years of dedicated service. The Board expressed their gratitude to Mr. Bieker, shaking his hand and thanking him for his commitment to the District over the years, and for establishing a solid foundation that will support the District's future endeavors. 

It was moved by Ms. Doylen and seconded by Mr. Bosch to accept the Treasurer's Report, Plant Report, System Development Fee Allocation and Connection Report, Collection System Report, Operations Manager's Report, and Assistant District Manager's Report. Motion carried unanimously.  

Adjournment

Having no further business, at 5:06 p.m. it was moved by Ms. Doylen and seconded by Mr. Bosch to adjourn the meeting. Motion carried unanimously.