February 15, 2022 Minutes

Upper Thompson Sanitation District
Regular Meeting of the Board of Directors
District Administrative Office 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, February 15, 2022, 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 February 15, 2022.

Agenda

1. Call to Order. 
2. Pledge of Allegiance. 
3. Roll Call, Absences Excused. 
4. Next Meeting Date: Regular Board Meeting, Tuesday, March 15, 2022. 
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 Virtual Board Meeting, January 18, 2022. 
9. New Business and Special Orders: 
   1. Update: Phase II - Design of the New Water Reclamation Facility, Lift Station, and Interceptor Improvements Project – presented by Mr. Ravel, PE, Water/Wastewater Project Manager, Merrick & Company.
   2. Request for Approval: Amendments to UTSD Rules and Regulations for 2022 – presented by Ms. Ponzer.
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. Assistant District Manager’s Report.
    6. District Manager’s Report.
11. Executive Session: §24-6-402(4)(a), C.R.S., Concerning the purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; and §24-6-402(4)(e), C.R.S., Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators related to property acquisition for a proposed new lift station. 
12. 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 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: February 15, 2022, 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 4:00 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 
Greg Cenac, Treasurer 
Susan Doylen, Secretary 
Kent Bosch, Vice-Chairman/Assistant Secretary/Treasurer 

Absent: 
It was moved by Ms. Doylen and seconded by Mr. Cenac to excuse the absence of Director Duell. Motion carried unanimously. 

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

Steve Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company John Kuosman, Water/Wastewater Division Leader, Merrick & Company* Christine Sednek, P.E., Water/Wastewater Engineer II, Merrick & Company* 

* Joined via web conference call

Next Meeting

The next regular meeting of the Board of Directors will be held on March 15, 2022.

Approval of Agenda

The Board Considered the Agenda. 

It was moved by Ms. Doylen 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. 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. 

No member of the public joined the meeting via web conference call. 

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.

Approve Minutes from Prior Meeting

The Board reviewed and discussed the Minutes of the January 18, 2022, Regular Virtual Board Meeting. 

It was moved by Ms. Doylen and seconded by Mr. Bosch to approve the Minutes of the January 18, 2022, Regular Virtual Board Meeting as presented. Motion carried unanimously.

New Business and Special Orders

Update: Phase II - Design of the New Water Reclamation Facility, Lift Station and Interceptor Improvements Project - presented by Mr. Ravel, PE, Water/Wastewater Project Manager, Merrick & Company:

Regarding the design of the New Water Reclamation Facility, Lift Station and Interceptor Improvements Project (Project), Mr. Ravel noted the following updates following the January 18, 2022, Regular Virtual Board Meeting:

• New Thompson River Lift Station (TRLS): 
  • The new TRLS name will be changed to the Wapiti Lift Station (WLS).
  • WLS Site Layout- The WLS will be located on the District's existing wastewater treatment facility (WWTF) site or an expanded p011ion of USBR property. Final WLS site and WLS force main decisions will be completed over the next three weeks. 
• Water Reclamation Facility (WRF): 
  • Site Location Application - The site location application is under review by the Colorado Department of Public Health and Environment (CDPHE). Merrick & Company has responded to questions from CDPHE and has requested a change to the influent BODS loading (increase) to be consistent with the final proposed design parameters. No additional comments are anticipated, and final approval is expected over the next few weeks. Preliminary and final design may proceed without prior site location application approval. 
  • WRF Site Layout - Alternatives WRF site layouts have been developed and are under review by the District and design team. A review meeting is scheduled for February 17, 2022. 
  • WRF Membrane Procurement - Membrane information requests have been sent to membrane suppliers to solicit preliminary budget, equipment, and membrane design information. Information received will be incorporated into the membrane procurement documents for review by the District. The membrane procurement package will be advertised for receipt of proposals following review and approval by the District. 
  • Electrical, Instrumentation, and Control - A meeting to review the sites and discuss electrical, instrumentation, and control items is scheduled for February 22, 2022. 
• Fish Creek Lift Station (FCLS) Site Acquisition and Layout - Final FCLS site decisions will be completed over the next three weeks following review of alternative site layouts. 
• United States Bureau of Reclamation (USER) - The District is awaiting comments from the USBR regarding coordination requirements regarding the environmental assessment (EA). There was a meeting with the USBR and Merrick & Company will continue to coordinate the location of the WLS, WLS Force Main, and modifications at the existing wastewater treatment facility (WWTF). A meeting with the USBR is scheduled for February 17, 2022. A special use application will be submitted following finalization of the WLS and WLS force mam.
• Western Area Power Authority (WAPA) - Coordination with WAPA will continue regarding the status of the power line removal project. 
• Town of Estes Park- A meeting was held with the Town of Estes Park. 
  • The WRF site does not meet the Town's annexation requirements and the Town is not interested in annexing the WRF property into the Town boundary at this time. 
  • The Town provided a copy of the Application for Water Service Outside Town Limits for review. The Town is willing to provide water service to the new WRF, FCLS, and WLS. The WRF site will require a water main extension along highway 34. The WLS and FCLS will require new water services to replace the existing water services. 
• Larimer County -A meeting has been requested with Larimer County to review the WRF and lift station planning and permit requirements including: 1041 permitting; limits and extends permitting; zoning; planning department permits; and floodplain permits.
• Estes Park Sanitation District (EPSD) -EPSD's engineer, Diamondback Engineering, is reviewing the treatment requirements for EPSD and will provide a summary to UTSD for use with sho1i- and long-term planning. A presentation by UTSD to the EPSD Board is tentatively planned for March 8, 2022.
• Financial Planning-
  • A meeting with the District's bond counsel and financial advisors was held on February 2, 2022, to review debt financing alternatives.
  • A meeting was held with the CDPHE and the Colorado Water Resources and Power Development Authority (CWRPDA) on February 3, 2022, to discuss the state revolving fund (SRF) program, Water Infrastructure Finance and Innovation Act (WIFIA) program, and financing alternatives. The project needs assessment (PNA) and prelimina1y engineering rep01t (PER) will be submitted to initiate the CDPHE/CWRPDA process. A letter of interest will be submitted to WIFIA to initiate the WIFIA process. 
  • A meeting was held with the US Department of Agriculture (USDA) on February 3, 2022, to discuss financing alternatives. The application and prelimina1y engineering report (PER) will be submitted to initiate the USDA process.
• Construction Manager at Risk (CMAR) -A draft CMAR request for proposal (RFP) has been developed and will be provided to the District or review. The CMAR RFP will be advertised for receipt of proposals following review and approval by the District.
• Initial Project Workshops -The following workshops were held following the January Board meeting: 
  • Lift Station Kickoff Workshop-Held on January 20, 2022 
  • Construction Manager at Risk (CMAR) Kickoff Workshop­Held on January 20, 2022. 
  • Communications Planning Kickoff Workshop-Held on January 28, 2022. 
• Additional Project Workshops - The following workshops are planned for February/March 2022 and will be scheduled over the next three weeks: 
  • Architectural Planning Kickoff Workshop.

Adding to the above noted Project activity, Mr. Ravel stated a preliminary site layout for the FCLS was developed and will be discussed in further detail in Executive Session. Additionally, Mr. Ravel reported a site layout plan for the WLS was distributed in pdf format earlier in the afternoon to the Project team. This layout includes a force main alignment. Mr. Ravel highlighted all is moving forward on the WRF including a revised layout of the aeration basins, building, and digesters. Mr. Ravel repo1ied on Tuesday, Februa1y 22, there will be a meeting to discuss the electrical supply, security, and other instrumentation and control measures for the Project. Mr. Ravel also said there have been discussions with Larimer County regarding planning and building permitting requirements, including a 1041 permit. 

The Board of Directors asked questions of Mr. Ravel regarding storage location options for the membranes, status of CMAR selection, the effects of current legislation on funding requirements, and the involvement of local entities for Project labor needs. 

The Board thanked Mr. Ravel for the Project update. 

Request for Approval: Amendments to UTSD Rules and Regulations for 2022 - presented by Ms. Ponzer: 

Ms. Panzer presented to the Board the following proposed amendments to the District's Rules and Regulations:

• Appendix A-5, Table A-3: The metered Single-Family Equivalent (SFE) schedule for swimming pools, both private and public, will now be calculated at 0.018 per 1000 gallons of pool volume for both the System Development Fee (SDF) value and service charge value. 
• Appendix D: The "Application for Service for Industrial/Commercial Customers" was updated to the "Application and Permit for Service for Industrial/Commercial/Swimming Pool Customers". This form and application permit will now also incorporate "Pool" to Section B., and updated verbiage to Section D. These two revisions were developed by District staff, with the assistance of Mr. Ravel.
• Appendix E-29: The language in the first paragraph "Upper Thompson Sanitation District System Development Fee and Tap Agreement" was updated to improve clarity to District staff and customers. This paragraph was reviewed and revised with the assistance of District legal counsel, Ms. Linda Glesne of Cockrel Ela Glesne Greher & Ruhland, P.C. (CEGR Law).

The Board thanked Ms. Panzer for her presentation and considered the Amendments to the UTSD Rules and Regulations for 2022. 

It was moved by Ms. Doylen and seconded by Mr. Bosch to approve the Amendments to the UTSD Rules and Regulations for 2022 as presented by Ms. Panzer. Motion carried unanimously.

Reports of Officers, Committees, Professional Consultants, & Staff

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

Adding to the Treasurer's Report, Ms. Moore stated included in the 2022 Budget is a $500,000 capital contingency allowing the Board to appropriate funds as necessary through the year for unforeseen needed expenditures. 

Mr. Newhouse explained to the Board the need for a new cake pump full assembly unit for the centrifuge, stating the existing motor is failing due to a cavity being filled with oil. He elaborated that the gear box and the seals are leaking oil. Mr. Newhouse explained the gear box has not been replaced since the year 2002. 

Mr. Bieker then requested approval from the Board for a purchase in the amount of $9,271.59 to Ambiente H2O Inc. for a fully assembly cake pump unit for the centrifuge at the Plant. Mr. Bieker explained this purchase is an unforeseen needed expenditure, not included in the 2022 budget, and therefore, would require the Board to appropriate funds from the District's 2022 $500,000 capital contingency budget. Mr. Bieker defined a capital expenditure as a capital outlay for a physical asset, constructed or purchased, with a minimum cost of $5,000 and is expected to have a useful life in excess of one year. 

The Board discussed and agreed this purchase is necessa1y for Plant operations. 

It was moved by Mr. Bosch seconded by Mr. Cenac to approve the purchase of a full assembly cake pump unit from Ambient H2O Inc. in the amount of $9,271.59 and allocated to the District's 2022 capital contingency budget. Motion carried unanimously.

The Board asked questions of the staff regarding the departmental reports. 

The Board did not have corrections to the departmental reports. 

The Board thanked District staff for preparing the reports. 

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

At 5:15 p.m. Mr. Newhouse, Ms. Ponzer, and Ms. McCracken excused themselves from the remainder of the meeting. 

At 5:15 p.m. Ms. Jurgens joined the meeting virtually. 

At 5:15 p.m. the Board took a 18 minute recess.

Executive Session

At 5:33 p.m., it was moved by Ms. Doylen and seconded by Mr. Bosch to go into Executive Session pursuant to §24-6-402(4)(a), C.R.S. "concerning the purchase, acquisition, lease, transfer, or sale of any real, personal, or other prope1ty interest"; and §24-6-402(4)(e), C.R.S. "determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators" related to property acquisition for a proposed new lift station. 

The Executive Session was attended by Directors Reed, Doylen, Cenac, and Bosch; Mr. Bieker; Ms. Jurgens; Mr. Allen; Ms. Moore; Mr. Ravel; Mr. Kuosman and Ms. Sedneck. 

The Board did not engage in substantial discussion of any matter not enumerated in §24-6-402(4)(a) C.R.S., and §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 6:04 p.m.

Return to Regular Session

At 6:04 p.m., the Board returned to regular session.

Adjournment

Having no further business, at 6:05 p.m., it was moved by Ms. Doylen and seconded by Mr. Bosch to adjourn the meeting. Motion carried unanimously.