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, February 20, 2024, 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 20, 2024.
Revised Agenda
- Call to Order.
- Pledge of Allegiance.
- Roll Call, Absences Excused.
- Discussion of Board Appointment.
- Oath of Office – Director Gengler.
- Recess to File Oath of Office with the Larimer County Clerk of Court.
- Election of Officers.
- Next Meeting Date: Regular Board Meeting, Tuesday, March 19, 2024.
- 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.
All public commentary must be made at the podium or offered virtually via Teams Chat. - Minutes: Correction and Approval: Regular Board Meeting, January 16, 2024.
- New Business and Special Orders:
- Update: Phase II - Design of the Water Reclamation Facility (WRF) and Lift Station (LS) Improvements Project – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
- Request for Approval: Amendment No. 2 to the Agreement for Professional Services Between Merrick & Company and the Upper Thompson Sanitation District for the WRF and LS Improvements Project Design – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
- Petition for Inclusion: Mr. Robert S. Bates, 860 Peak View Drive; Lot 7, Highacres Subdivision, Estes Park, Colorado 80517 – presented by Ms. Ponzer.
- Petition for Inclusion: David B. Lehmkuhl Family Trust, 2120 Penstemon Drive (also known as Upper High Drive); Lot 7, North Platte Resubdivision of Lot 23, Estes Park, Colorado 80517 – presented by Ms. Ponzer.
- 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.
- 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 Water Reclamation Facility and Lift Station Improvements Project.
- 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: February 20, 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 4:03 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
Jack Reed, Assistant Treasurer/Secretary
Kent Bosch, Assistant Treasurer/Secretary Uoined via web conference call)
Staff:
Chris Bieker, District Manager
Suzanne Jurgens, Assistant District Manager
Gina Moore, Financial Officer
Matt Allen, Operations Manager
Nathanael Romig, Collection Superintendent
Sheryl Panzer, Customer Accounts Manager
Naomi McCracken, Secretary Uoined via web conference call)
Guests: Steve Ravel, P.E., Water/Wastewater Project-Manager, Merrick & Company
John Kuosman, Water/Wastewater Division Leader, Merrick & Company Uoined via web conference call)
Discussion of Board Appointment
Ms. Doylen stated that Mr. Ronald I. Duell resigned as a Director on December 22, 2023, and there is a vacancy on the Upper Thompson Sanitation District Board of Directors. She explained that due to this vacancy, the Directors were tasked to recommend potential candidates to fill the vacant seat on the Board.
At the January 16, 2024, Regular Board Meeting, the Board discussed two eligible electors, recommended by Director Doylen and Director Bosch, who had submitted a letter of interest for the Board's consideration. The Board agreed Director Reed and Director Eshelman would serve as the committee to interview the candidates.
Following the candidate interviews held on January 24, 2024, Director Reed and Director Eshelman recommended to Director Doylen and Director Bosch that Mr. Stanley Gengler be appointed to the UTSD Board of Directors. The Board discussed Mr. Gengler's qualifications and interest in serving on the Board of Directors. Mr. Gengler is a registered voter and owns property within the UTSD boundary. Mr. Gengler has previous years of experience serving as a Board Director for the Special District Association, Property & Liability Pool and for the Estes Valley Recreation and Park District.
Director Bosch and Director Doylen agreed to Mr. Gengler's appointment, commencing upon his oath of office at the February 20, 2024, Regular Board Meeting. Director Reed signed a Notice of Appointment that was sent to Mr. Gengler on January 31, 2024.
Oath of Office - Director Gengler
Pursuant to Colorado Revised Statues, Oaths of Office must be administered to each eligible elector who has been appointed to fill a vacancy on the UTSD Board of Directors.
The Notice of Appointment to Mr. Gengler was sent and accepted on January 31, 2024.
Therefore, pursuant to statutory requirement, Mr. Gengler shall take an oath of faithful performance to serve as a Director on the Board.
Ms. Doylen stated the District is fortunate to have Mr. Gengler serve on the Board of Directors due to his previous Board of Director experience and affiliation with special districts.
Mr. Reed noted that Mr. Gengler's term of office will commence at this board meeting as his Oath of Office, Notice of Appointment, and bond will be filed with the Larimer County Clerk and Recorder by the District's legal counsel, Cockrel Ela Glesne Greher & Ruhland, P.C., immediately after the Oath of Office has been executed.
Ms. Doylen then administered the Oath of Office to Mr. Stanley C. Gengler.
Mr. Gengler will serve until the next regular election held in May 2025.
The Board welcomed and congratulated Mr. Gengler.
Recess to File Oath of Office with the Larimer County Clerk of Court
At 4:09 p.m. the Board took a 20-minute recess.
During the recess, Mr. Gengler's Oath of Office, Notice of Appointment, and bond were filed with the Larimer County Clerk and Recorder by Ms. Micki Mills, of Cockrel Ela Glesne Greher & Ruhland, P.C.
At 4:29 p.m. the Board reconvened the meeting.
Election of Officers
Ms. Doylen initiated the election of officers' consideration stating she and Mr. Reed recently discussed his resignation from the Chairman role due to personal reasons. Mr. Reed concurred he is ready to step down as Chairman and to continue to serve the UTSD Board of Directors in a different role.
The Board, Mr. Bieker, Mr. Ravel and District Staff thanked Mr. Reed for his years of service as Chairman and expressed their respect for him and appreciation for all of his contributions and leadership.
Mr. Kuosman provided the following comment via the Teams Chat platform: 'Thank you, Jack, for your leadership and guidance as the Chairman of the Board. It has been a pleasure to work with you as the Chairman. Looking forward to continuing to work with you in the new Director role."
The Board discussed officer roles. Ms. Doylen noted that Officer appointments will be effective at this board meeting.
It was moved by Ms. Doylen and seconded by Mr. Gengler to nominate Mr. Eshelman as Chairman, effective immediately. Motion carried unanimously.
Mr. Kuosman provided the following comment via the Teams Chat platform: "Congratulations Chris!"
Mr. Eshelman led the remaining election of officers' nominations as Chairman.
It was moved by Mr. Gengler and seconded by Mr. Reed for Ms. Doylen to continue in her role as Vice-Chairman and Secretary. Motion carried unanimously.
It was moved by Ms. Doylen and seconded by Mr. Bosch to nominate Mr. Gengler as Treasurer. Motion carried unanimously.
It was moved by Ms. Doylen and seconded by Mr. Eshelman to nominate Mr. Reed as Assistant/Treasurer Secretary. Motion carried unanimously.
It was moved by Ms. Doylen and seconded by Mr. Eshelman for Mr. Bosch to continue in his role as Assistant/Treasurer Secretary. Motion carried unanimously.
Ms. Jurgens noted the Assistant Treasurer/Secretary roles are critical to the Board in the event of the Secretary or Treasurer's absence.
Mr. Squires provided the following comment via the Teams Chat platform: "Thank you all, especially Jack for service and Chris for stepping up."
Next Meeting Date
A regular meeting of the Board of Directors will be held on March 19, 2024, at 4:00 p.m.
Approval of Revised Agenda
The Board considered the Revised Agenda that adds an Executive Session at the end of the meeting.
It was moved by Ms. Doylen and seconded by Mr. Gengler to approve the Revised 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.
One member of the public joined the meeting, via web conference call. Three members 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. Squires did not offer comment on a non-agenda item.
In attendance was Mr. Bill Brown and Ms. Patti Brown, of 270 Cyteworth Road, Estes Park. Ms. Brown is a freelance writer and indicated she was observing the meeting on behalf of the Trail Gazette. Also 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. The attendees did not offer comment on a non-agenda item.
Approve Minutes from Prior Meetings
The Board reviewed and discussed the Minutes of the January 16, 2024, Regular Board Meeting.
It was moved by Ms. Doylen and seconded by Mr. Reed to approve the Minutes of the January 16, 2024, Regular Board Meeting as presented. Motion carried unanimously.
At 4:40 p.m., Mr. Squires excused himself from the remainder of the meeting. Before departing the meeting, Mr. Squires provided the following comment via the Teams Chat platform: "Materials provided in the Board packet are very complete and very much appreciate the detailed timeline documents accompanying the extension to the Merrick contract."
New Business and Special Orders
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 January 16, 2024, Regular Board Meeting:
- Overall Project:
- Meetings were conducted with the District and Garney Construction to review the project.
- Meetings were conducted with the District, the Colorado Water Resources and Power Development Authority (CWRPDA) State Revolving Fund (SRF), the Colorado Department of Public Health and Environment (CDPHE), and the US Environmental Protection Agency (USEPA) Water Infrastructure and Innovation Act (WIFIA) to review project financing and funding opportunities.
- The design team are continuing to work towards a 90% submittal with a target submittal date of April 15, 2024.
- Additional information was prepared and submitted to the EPA for the WIFIA loan application.
- The environmental assessment report was updated based on EPA WIFIA comments.
- The CWRPDA SRF indicated that they will recommend that the District be awarded an$18 million loan at their March 8, 2024, board meeting.
- An updated project schedule was provided that includes permitting, financing, design considerations, and the impact of the value engineering (VE).
- Fish Creek Lift Station (FCLS), Wapiti Lift Station (WLS), WLS Interceptor, and WLS Force Main:
- The process design report (PDR) and updated 60% drawings will be submitted to the CDPHE for design review.
- Water Reclamation Facility (WRF):
- The PDR and updated 60% drawings will be submitted to the CDPHE for design review following the final District revisions to the solids handling building.
- The updated 60% WRF site plans will be submitted to Larimer County for use with finalizing the site plan approval the final District revisions to the solids handling building.
Mr. Ravel highlighted that Merrick & Company is working with CMAR Contractor, Garney Construction (Garney), to refine Project costs provided in the 60% cost estimate.
Mr. Ravel reported to the Board that the District can anticipate an updated risk register and staffing plan from Garney by February 23, 2024. Mr. Ravel reported that the Bureau of Reclamation plans to issue and publicly advertise (for a 30-day period) a Finding of No Significant Impact (FONSI) in relation to the environmental assessment report for the Project. Throughout the advertising process, the District may receive public comments and questions regarding the Project's impact on the environment.
Mr. Ravel updated the Board that the Process Design Report for the Water Reclamation Facility was submitted on February 20, 2024, to the CDPHE for review. The CDPHE has acknowledged receipt of this submittal. Ms. Doylen asked Mr. Ravel an anticipated timeline from CDPHE to review the PDR. Mr. Ravel responded there is no commitment regarding a timeline from CDPHE at this time.
Mr. Ravel explained for the lift stations, the target date to submit the 90% drawings to the District for review is April 15, 2024.
Mr. Ravel answered questions of the Board regarding current federal loan interest rates and refinancing options.
The Board thanked Mr. Ravel for the Project update. Mr. Bieker thanked Mr. Ravel for his impressive work on the District's behalf with all of the agencies involved in the Project. Ms. Doylen added that long-term relationships with the agencies are critical to establishing credibility and integrity.
At 4:59 p.m., Ms. McCracken excused herself from the remainder of the meeting.
Request for Approval: Amendment No. 2 to the Agreement for Professional Services Between Merrick & Company and the Upper Thompson Sanitation District for the WRF and LS Improvements Project Design - presented by Mr. Ravel, PE, Water/Wastewater Project Manager, Merrick & Company:
Mr. Ravel stated Merrick & Company (Merrick) has submitted Amendment No. 2 to the District for the design of the Water Reclamation Facility and Lift Station Improvements Project. Mr. Ravel explained this Amendment modifies the scope, schedule, and budget of the Project and incorporates items listed in Merrick's monthly progress reports and invoices.
Mr. Ravel then displayed PowerPoint presentation slides for the Board of Directors detailing expanded, additional, and removed scope items.
Mr. Ravel explained existing scope items expanded in Amendment No. 2 that include the following: Project management and controls, value engineering updates, Town of Estes Park water main and electric negotiations, Environmental Assessment modifications, federal, state, and private funding coordination and credit rating presentations, and revisions to design prior to and following value engineering.
Mr. Ravel then described scope items added in Amendment No. 2 that include the following: CMAR partnering session, communications, outreach, and education activities, stakeholder meeting preparation and attendance, 30% cost opinion check, re-evaluation and comparison of wastewater treatment processes (Modified Ludzack-Ettinger versus biological nutrient removal), CDPHE Site Location Application updates, submittals, and coordination, survey of revised Fish Creek Lift Station site, and 60% re-submittal of Quality Assurance and Quality Control.
Mr. Ravel noted there was one scope item removed, which was outside operations consulting.
Mr. Ravel highlighted that the original contract for project design was based on a 14-month project schedule with a completion date of March 31, 2023; however, the project duration is now anticipated to be 30 months with a revised completion date of July 31, 2024.
Mr. Ravel noted that Merrick & Company is seeking Board consideration and approval of Amendment No. 2 in the amount of $1,117,615.
The Board discussed the modifications presented in Amendment No. 2. Mr. Eshelman commented that all additions and expansions included in Amendment No. 2 aligned with tasks the District asked Merrick to complete.
Ms. Doylen stated the goal is to build a Project that is affordable for the District's ratepayers. She remarked that the Board, District staff, and Merrick are committed to moving the project forward with dedicated diligence to maximize efficiencies throughout the entire Project.
It was moved by Ms. Doylen and seconded by Mr. Reed to approve Amendment No. 2 to the Agreement for Professional Services Between Merrick & Company and the Upper Thompson Sanitation District for the WRF and LS Improvements Project Design, in the amount of $1,117,615. Motion carried unanimously.
Petition for Inclusion: Mr. Robert S. Bates, 860 Peak View Drive; Lot 7, Highacres Subdivision, Estes Park, Colorado - presented by Ms. Ponzer:
At 6:00 p.m., Mr. Eshelman opened the Public Hearing on the Petition for Inclusion.
Ms. Panzer reported to the Board that Mr. Robert S. Bates has filed a Petition for Inclusion for his property, described as 860 Peak View Drive, in Estes Park, Colorado.
Ms. Panzer explained that Mr. Bates recently petitioned for this property to be included into the Upper Thompson Sanitation District (UTSD) boundary because he has a single-family dwelling with a failing septic system. Mr. Bates intends to connect to the UTSD collection system.
Ms. Panzer stated the inclusion fees have been paid and all necessary documents have been executed by Mr. Bates.
Ms. Panzer further explained a site inspection by the UTSD Collection Department staff confirms Mr. Bates' property can be serviced by UTSD. Mr. Bates was notified that there are various possible connection points, each with its own specific requirements to make the connection, including boring, obtaining an easement and/or a possible private lift station.
Ms. Panzer said a "Notice of Open Meeting for Hearing on Petition for Inclusion" was published, in accordance with statutory requirements, in the Estes Park Trail Gazette on Friday, February 9, 2024.
Ms. Panzer informed the Board that this parcel of land does not have a UTSD tap and will require the purchase of new System Development Fee(s) prior to a connection to the UTSD collection system.
The Board discussed the Petition for Inclusion.
There were no public comments, objections, or agreements; therefore, at 6:02 p.m. Mr. Eshelman closed the Public Hearing.
It was moved by Ms. Doylen and seconded by Mr. Reed to approve the Petition for Inclusion for 860 Peak View Drive, Lot 7, Highacres Subdivision, in Estes Park, Colorado owned by Mr. Robert Bates. Motion carried unanimously.
Petition for Inclusion: David B. Lehmkuhl Family Trust, 2120 Penstemon Drive (also known as Upper High Drive); Lot 7, North Platte Resubdivision of Lot 23, Estes Park, Colorado- presented by Ms. Ponzer:
At 6:03 p.m., Mr. Eshelman opened the Public Hearing on the Petition for Inclusion.
Ms. Panzer reported to the Board that the David B. Lehmkuhl Family Trust has filed a Petition for Inclusion into the Upper Thompson Sanitation District boundary for their property, described as 2120 Penstemon Drive (also known as Upper High Drive) in Estes Park, Colorado.
Ms. Panzer explained that Mr. Lehmkuhl recently petitioned for this property to be included into the Upper Thompson Sanitation District (UTSD) boundary because he has a single-family dwelling with a failing septic system and intends to connect to the UTSD collection system.
Ms. Panzer stated the inclusion fees have been paid and all necessary documents have been executed by Mr. Lehmkuhl.
Ms. Panzer further explained a site inspection by the UTSD Collection Department staff confirms Mr. Lehmkuhls' property can be serviced by UTSD.
Ms. Panzer said a "Notice of Open Meeting for Hearing on Petition for Inclusion" was published, in accordance with statutory requirements, in the Estes Park Trail Gazette on Friday, February 9, 2024.
Ms. Panzer informed the Board that this parcel of land does not have a UTSD tap and will require the purchase of new System Development Fee(s) prior to a connection to the UTSD collection system.
The Board discussed the Petition for Inclusion.
There were no public comments, objections, or agreements; therefore, at 6:05 p.m. Mr. Eshelman closed the Public Hearing.
It was moved by Ms. Doylen and seconded by Mr. Bosch to approve the Petition for Inclusion for 2120 Penstemon Drive, Lot 7, North Platte Resubdivision of Lot 23, in Estes Park, Colorado owned by the David B. Lehmkuhl Family Trust. 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 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. Ms. Doylen commended the Collection Department and Estes Park Sanitation District for their collaborative efforts in mitigating a sanitary sewer overflow at a District manhole north of Golf Course Road. Mr. Romig commented that the sanitary sewer overflow was promptly taken care of, any public health hazards eliminated, and it was reported to the Colorado Department of Public Health and Environment.
It was moved by Ms. Doylen and seconded by Mr. Reed 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.
At 6:17 p.m., the Board took an 11-minute recess.
Executive Session
At 6:28 p.m., it was moved by Ms. Doylen and seconded by Mr. Gengler 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 Water Reclamation Facility and Lift Station Improvements Project." Motion carried unanimously.
The Executive Session was attended by Directors Reed, Doylen, Bosch, Eshelman and Gengler; Mr. Bieker, Ms. Jurgens, Mr. Allen, and Ms. Moore; 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 7:53 p.m.
Return to Regular Session
At 7:55 p.m., the Board returned to regular session.
Adjournment
Having no further business, at 7:56 p.m. it was moved by Ms. Doylen and seconded by Mr. Reed to adjourn the meeting. Motion carried unanimously.
Susan L. Doylen, Vice-CHairman/Secretary
Christopher L. Eshelman, Chairman
March 19, 2024