February 21, 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 its regular meeting, which is open to the public, at 4:00 p.m. on Tuesday, February 21, 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 February 21, 2023.

Agenda

Call to Order.
Pledge of Allegiance.
Roll Call, Absences Excused.
Next Meeting Date: Regular Board Meeting, Tuesday, March 21, 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 nonagenda 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, January 17, 2023.
New Business and Special Orders:
1. 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.
2. Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No. 11, Dated January 23, 2023, and Payment No. 12, Dated February 6, 2023 – presented by Ms. Moore.
3. Line Acceptance: Mr. Mark Westover, Wildfire Homes LLC, 851 Dry Gulch Road Area, Estes Park, Sections F-61-2-7-8 to F-61-2-7-6 and F-61-2-7-5a to F-61-2-7-5a-4 (Includes 7 New Manholes) – presented by Mr. Romig.
4. Consideration for Adoption: Resolution No. 2023-02-01 – A Resolution Authorizing an Election on the Question of Receiving and Spending all Revenues Received by the District from all Sources – presented by Ms. Jurgens.
5. Request for Approval: Amendments to UTSD Rules and Regulations for 2023 – presented by Ms. Ponzer.
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.
7. 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 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: February 21, 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: 11 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

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

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 Ponzer, Customer Accounts Manager (joined the meeting virtually at 4:11 p.m. and "in person" at 5:01 p.m.)

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

* Joined via web conference call

Next Meeting Dates

The next regular meeting of the Board of Directors will be held on March 21, 2023, at 4:00 p.m.

A special meeting of the Board of Directors will be held on March 28, 2023, at 2:00 p.m.

Postscript: Subsequent to the February 21, 2023, Regular Board Meeting, due to scheduling conflicts, the Special Board Meeting was rescheduled from March 21, 2023, at 1 p.m. to March 28, 2023, at 2:00 p.m.

Approval of Agenda

The Board considered the Agenda.

It was moved by Ms. Doylen and seconded by Mr. Duell 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.

Two members of the public joined the meeting, via web conference call.

In attendance was Mr. Stewart Squires, of 618 Park River Place, Estes Park, and Mr. Gerald (Jerry) Darmafall of 1331 Willow Lane, Estes Park. Mr. Squires and Mr. Darmafall indicated they were attending the meeting for general interest and did not offer comment on a non-agenda item.

Approve Minutes from Prior Meeting

The Board reviewed and discussed the Minutes of the January 17, 2023, Regular Board Meeting.

It was moved by Ms. Doylen and seconded by Mr. Duell to approve the Minutes of the January 17, 2023, 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 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 17, 2023, Regular Board Meeting:

Overall Project:
- Meetings were conducted with Garney Construction, Inc. (Garney) to review the 60% design submittal and develop Value Engineering (VE) concepts for Garney's preparation of the 60%cost opinion. Garney's 60% cost opinion will be submitted following further review of the VE items.
- VE concepts include reduction of space by optimization of building footprints; elimination of building footprints that were provided for future Estes Valley wastewater treatment consolidation; and consideration of architectural and process component reductions.
- The project design and funding efforts are on hold pending review of the VE efforts and 60% cost opinion updates.
Fish Creek Lift Station (FCLS):
- The site location application was approved by the Colorado Department of Public Health and Environment (CDPHE) on February 13, 2023.
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):
- Additional water quality information was provided to the CDPHE following their request.
- The site location application is under review by the CDPHE.
Larimer County:
- A WRF site rezoning application was submitted to Larimer County for review on February 13, 2023.
- Coordination is underway with Larimer County to confirm Planning Department submittal requirements for the FCLS, WLS, and WRF. A site planning submittal will be completed in the next few weeks.

Mr. Ravel highlighted the next steps of the FCLS portion of the Project including developing a design package and researching the FCLS location relative to the WRF site.

Mr. Ravel stated Larimer County may set a public hearing date for review of the submitted WRF site rezoning application.

Mr. Ravel explained a letter from FEMA, Federal Emergency Management Agency, was received in January 2023 regarding the Conditional Letter of Map Revision (CLOMR) for the Project floodplain process. Mr. Ravel stated Merrick & Company will send a response letter to FEMA within the 90 day reply deadline.

Mr. Ravel noted meetings between Garney, District staff, and Merrick & Company were held to discuss Project value engineering. Mr. Ravel informed the Board a revised cost estimate from Garney is anticipated to be received by Friday, February 24, 2023.

The Board and Mr. Ravel then discussed potential cost sharing opportunities with future Town of Estes Park developments.

The Board thanked Mr. Ravel for the Project update.

Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Applications for Payment No.11, Dated January 23, 2023, and Payment No. 12, Dated February 6, 2023 - presented by Ms. Moore:

Ms. Moore asked the Board for approval to remit payment to Merrick & Company for two invoices received by the District: Invoice Number 221400 in the amount of $247,383.08 and Invoice Number 221837 in the amount of $46,449.00. Invoice Number 221400 is for work performed on the Water Reclamation Facility and Lift Station Improvements Project from November 26, 2022, through December 30, 2022. Invoice Number 221837 is for work performed on the Project from December 31, 2022, through January 27, 2023. Ms. Moore stated she has prepared a check for each payment, and they are ready for signatures at this meeting.

It was moved by Ms. Doylen and seconded by Mr. Duell to approve payment to Merrick & Company for Invoice Number 221400 in the amount of $247,383.08. Motion carried unanimously.

It was moved by Ms. Doylen and seconded by Mr. Duell to approve payment to Merrick & Company for Invoice Number 221837 in the amount of $46,449.00. Motion carried unanimously.

Line Acceptance: Mr. Mark Westover, Wildfire Homes LLC, 851 Dry Gulch Road Area, Estes Park, Sections F-61-2-7-8 to F-61-2-7-6 and F-61-2-7-Sa to F-61-2-7-Sa-4 (Includes 7 New Manholes) - presented by Mr. Romig:

Mr. Romig described the Application for Sewer Line Acceptance from Mr. Mark Westover, Wildfire Homes LLC, located in the area of 851 Dry Gulch Road, Estes Park. He explained the line consists of sewer main sections F-61-2-7-8 to F-61-2-7-6 and F-61-2-7-5a to F-61-2-7-5a-4. These sections of sewer main total approximately 1,098.66 linear feet in length and include the installation of seven new manholes. The sewer main is warranted and guaranteed by the Contractor, Coyote Ridge Construction LLC, for a period of two (2) years (ending December 13, 2023) to be free from all defects due to faulty materials or workmanship. Mr. Romig reported both sewer line sections were televised, manholes were vacuum 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. Duell to accept the collection lines installed by Coyote Ridge Construction LLC for Mr. Westover, Wildfire Homes LLC, at the area of 851 Dry Gulch Road in Estes Park; sections F-61-2-7-8 to F-61-2-7-6 and F-61-2-7-5a to F-61-2-7-5a-4, including seven new manholes. Motion carried unanimously.

Consideration for Adoption: Resolution No. 2023-02-01 - A Resolution Authorizing an Election on the Question of Receiving and Spending all Revenues Received by the District from all Sources - presented by Ms. Jurgens:

Ms. Jurgens stated as the District endeavors to design and construct a new water reclamation facility, District staff, Board of Directors, and professional consultants are also working to determine the best financial model to support the Project and meet the future fiscal objectives of the District. The District will seek monetary support for the Water Reclamation Facility Project from loans, grants, and donations which are offered by several federal funding agencies and other resources.

Ms. Jurgens reminded the Board that the District is subject to Colorado TABOR laws which limit the ability of government to retain and spend the revenue it raises. Tabor effectively limits the amount of revenue that a government can collect, retain, and spend by prescribing a formula for growth in spending and requiring all revenue in excess of that amount be returned to taxpayers. Under Tabor laws this is called a revenue cap.

Ms. Jurgens explained that elimination of the revenue cap would allow the District to accept all revenue received from loans, grants, and donations. The Board of Directors has determined it is in the best interest of the District to eliminate the revenue cap through a voter-approved ballot measure at the May 2, 2023, election.

Ms. Jurgens emphasized the passage of the ballot measure would allow the District to collect, retain, and spend all revenue, for the purpose of defraying costs for the new water reclamation facility and for future wastewater system improvements, and any other lawful purposes.

Ms. Jurgens reported that Ms. Linda Glesne, of legal firm, Cockrel Ela Glesne Greher & Ruhland (CEGR), has prepared Resolution No. 2023-02-01 A Resolution Authorizing an Election on the Question of Receiving and Spending all Revenues Received by the District from all Sources, Including Grants and Donations, which was developed for consideration by the Board to authorize an election allowing the eligible electors of the District to determine if the District should be permitted to retain and spend the full amount of revenues received for the year 2023 and all years thereafter.

Ms. Jurgens said at the January 17, 2023, regular board meeting, the Board adopted a resolution (Resolution No. 2023-01-02) calling for the 2023 regular district election, and declares the necessity for the District to collect, retain and spend all revenues generated from all sources, including grants and donations as an exemption to the provisions and restrictions set forth in Article X, Section 20 of the Colorado Constitution to carry out the objects and purposes of the District. That resolution declares that a ballot question be presented to the District's eligible electors at the May 2, 2023, election.

Ms. Jurgens noted that Resolution No. 2023-02-01, sets a ballot title or question authorizing revenue collection and retention, and spending of that revenue as an exemption to the provisions and restrictions set forth in Article X, Section 20 of the Colorado Constitution (TABOR).

In addition to setting the ballot question, Ms. Jurgens continued, the resolution resolves that other special districts with overlapping boundaries of the Upper Thompson Sanitation District which are conducting ballot issue elections on Election Day, must enter into an intergovernmental agreement with those special districts to prepare and mail a TABOR notice to the registered voters in the overlapping area.

Ms. Jurgens reported the resolution also notes how an election cancellation and election contest should be managed and clarifies that election laws prevail.

Ms. Jurgens stated at the January 17, 2023, regular board meeting, two ballot question options were presented for consideration by the Board of Directors.

At that meeting, the Board offered feedback on those ballot title options, and subsequently District staff and legal counsel developed four new options for consideration by the Board. These options are presented in Exhibit A of Resolution No. 2023-02-01.

Ms. Jurgens then reported Ms. Doylen has prepared a fifth ballot option for consideration.

Ms. Jurgens asked the Board of Directors to consider the five ballot question options presented in Exhibit A. The board may also develop other, completely new options, and revise or alter options presented in Exhibit A.

Ms. Jurgens requested the Board of Directors determine the specific language for the ballot title.

Ms. Jurgens then noted that the word "donations" is included in Resolution 2023-02-01 and all ballot options presented. This word has come into question as the likelihood of the District receiving a donation is null. Ms. Jurgens reported she asked Ms. Glesne if "donations" was required by law to be included as a revenue source called out in the resolution or ballot question. Ms. Glesne responded that "donations" was innocuous and may be omitted from or remain in the resolution and/or the ballot question. Ms. Jurgens suggested the documents be consistent with the use of the word "donations."

Ms. Jurgens stated upon determination of the ballot title and adoption of this resolution, the District will certify the ballot and the ballot content on Friday, March 3, 2023.

Ms. Jurgens then invited discussion amongst the Directors with the intent of reviewing the proposed resolution and setting the ballot title which will become Exhibit A. Once the ballot title has been determined, she recommends the Board adopt Resolution No. 2023-02-01.

Upon discussion of the ballot title and resolution, the Board determined the ballot language (Exhibit A of Resolution No. 2023-02-01) to be Option #5 with the modification of replacing the word "defray" with "offset". Option #5 reads as follows: "Without imposing any new tax or increasing any tax rate, shall the Upper Thompson Sanitation District be authorized to collect, retain and spend all revenues and other funds received from any and all sources, including grants and donations, in order to offset costs associated with wastewater infrastructure improvements and replacement, commencing in 2023, and in each year thereafter, as a voter approved revenue change, and exception to the limits which would otherwise apply under Article X, Section 20 of the Colorado Constitution or any other law?"

The Board requested Option #5 be reviewed by District legal counsel. Ms. Jurgens stated she would submit this option to CEGR Law for review and approval.

It was moved by Ms. Doylen and seconded by Mr. Duell to adopt Resolution No. 2023-02-01 A Resolution Authorizing an Election on the Question of Receiving and Spending all Revenues Received by the District from all Sources including grants and donations. Additionally, pending legal review, to include Option #5 as the first choice in Exhibit A of Resolution No. 2023-02-01 and Option #2 as the second choice, with the modification of replacing the root word defray with offset. Motion carried unanimously.

At 4:45 p.m., Mr. Squires excused himself from the remainder of the meeting.

Request for Approval: Amendments to UTSD Rules and Regulations for 2023 - presented by Ms. Ponzer:

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

Section 1.10: The definitions of finance charge and returned payment were added. Return payment was formerly called Non-Sufficient Funds (NSF). Ms. Ponzer explained not all return payments are NSF's; therefore, it was necessary to change the terminology.
Section 2. 6: "Modification, Waiver, and Suspension of Rules" statement was added to coincide with the 2022 Board adopted Resolution "Voiding Handwritten Notes in Old Tap Agreements and Ratifying Prior Board Action".
Section 2. 8: District Utility Locate Responsibilities and Limitations was included regarding District compliance with Colorado Revised Statutes (CRS), Title 9, pertaining to industrial and commercial buildings, equipment safety, and excavation requirements. Mr. Allen explained this section was added to describe the District's intent to provide its best available information when marking the location of sewer laterals in the public right-of-way with clearly identifiable markings.
Section 3. 3: Responsibilities of the Customer section now includes a statement requiring right-of-way permits prior to construction and lateral sewer approval.
Section 3. 7: Moved or Destroyed Buildings: Mr. Allen explained two paragraphs were added to this section to clarify the District's capping procedures in the event of any connection to the system that is terminated due to moved or destroyed buildings.
Section 3.16: Voluntary Termination of Wastewater Collection Service section now includes the following sentence: "The location and method of capping (at the main or on the property) shall be determined by the District."
Section 4: Revocation of Service section was completely restated to better clarify the District's procedures for non-payment of fees.
Appendix A: Schedule of Rates and Fees - Ms. Panzer explained the permit fee for lateral sewer installation was increased from $300 to $400 and the partial relocation permit fee was increased from $7 5 to $100. Mr. Allen explained these proposed increases account for actual material and labor costs including District employees administrative and field time. Mr. Allen and Ms. Panzer reviewed other fee rates, such as sewer jet and dump/TV truck services, which were updated in the Rules and Regulations. Mr. Ravel emphasized there is supportive documentation for the new fees.
Appendix B: Lateral Sewer Specifications - Mr. Allen stated "local jurisdiction right-of-way (ROW) requirements" was added to the lateral sewer construction process.
Appendix E-8: Liquid Waste Hauler Permit Application Ms. Panzer said the title of this form was revised and check boxes were added for District Administration to verify a letter of credit, valid driver's license, and liability insurance is received from the liquid waste hauling company.
Appendix E-32: Transfer of Account now includes a check box to indicate that the prope1iy shares a joint private sewer lateral as well as a statement indicating the District may develop a new fixture unit value invent01y (FUV).
Appendix E-35 and E-36: Notice of Perpetual Statutory Lien and Release of Perpetual Lien forms are now included in the Rules and Regulations document.
Appendix F-2: Letter of Account Delinquency and Termination was updated.
Appendix F-4, F-5, F-6: Final Disconnect Notice, Disconnected Notice, Revocation of Service was updated.
Appendix F-3: Final Letter of Account Delinquency and Termination was updated.
Appendix H: Resolution Voiding Handwritten Notes in Old Tap Agreements and Ratifying Prior Board Action was included in the revised Rules and Regulations document.

Ms. Panzer and Mr. Allen answered questions from the Board regarding the amendments to the UTSD Rules and Regulations for 2023.

Mr. Bieker commended Mr. Ravel for his efforts in assisting him, Ms. Jurgens, Mr. Allen, Mr. Romig, and Ms. Panzer in formulating the amendments to the 2023 Rules and Regulations. Mr. Bieker stated Mr. Ravel's historical knowledge of the District since 2008 is highly valued.

The Board thanked Mr. Ravel and District staff for their preparation and presentation of the Amendments to the UTSD Rules and Regulations for 2023.

The Board considered the Amendments.

It was moved by Ms. Doylen and seconded by Mr. Duell to approve the Amendments to the UTSD Rules and Regulations for 2023 as presented by Ms. Ponzer and Mr. Allen. Motion carried unanimously.

Reports of Officers, Committees, Professional Consultants, & Staff

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

In addition to the Plant Report, Mr. Newhouse congratulated Operator, Mr. Garrett Johnson, for achieving his Level D Wastewater Treatment License. Mr. Newhouse stated Mr. Johnson has also earned his Collection Level 1 Certification. The Board asked Mr. Newhouse to relay their congratulations to Mr. Johnson.

Adding to the Collection System Report, Mr. Romig informed the Board that Coyote Ridge Construction LLC began Phase II of the Wildfire Homes LLC sewer main extension project on Friday, February 17, 2023. Mr. Romig reported Coyote Ridge Construction LLC is doing an excellent job and are ahead of schedule.

In addition to the Operations Manager's Report, Mr. Allen stated he and Ms. Sandra Mourning, Water Quality Lab Analyst, are coordinating a one-day Wastewater Operations Seminar to be held in Estes Park. Mr. Allen explained that historically former Lab Manager, Ms. Debbie Taylor, organized the seminar; however, due to the COVID 19 pandemic it has not been held since the year 2019. Mr. Allen reported he and Ms. Mourning are locating a venue and engaging speakers for the event. Mr. Allen plans to schedule the seminar the third week of October 2023 and is anticipating approximately forty attendees.

For the Assistant District Manager's Report, Ms. Jurgens stated on February 1, 2023, the District published Request for Qualifications (RFQ) for an Information Technology (IT) Managed Service Provider and Cyber Protection. Ms. Jurgens reported twelve firms have responded to the RFQ. Ms. Jurgens noted a review team will evaluate and score each firm and on Friday, February 24, 2023, Request for Proposals (RFP)'s, including fees, will be sent to the selected firms. Ms. Jurgens said she anticipates onboarding a qualified firm to assist in the District's IT and cybersecurity needs in the 2nd quarter of 2023.

Ms. Jurgen's also reported Mr. Bieker composed two articles, published in the local newspaper, informing our community about the importance of wastewater and services provided by the District, in an effort to raise awareness about the Project and the upcoming election. Ms. Jurgens stated GBSM, the District's public relations consultant, prepared an informational flyer about the ballot initiative which was mailed to District customers.

Ms. Jurgens and the Board discussed the importance of District staff following the guidelines of the Fair Campaign Practices Act during the election process.

Adding to the District Manager's Report, Mr. Bieker commended the staff for performing their jobs well and for their commitment to the District.

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

The Board did not have connections to the departmental reports.

The Board thanked District staff for preparing the reports.

It was moved by Ms. Doylen 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 caiTied unanimously.

At 5:54 p.m., Mr. Darmafall, Ms. Panzer, Mr. Romig, and Mr. Newhouse were excused from the remainder of the meeting.

At 5:54 p.m. the Board took a twenty-seven-minute recess.

Executive Session

At 6:21 p.m., it was moved by Ms. Doylen and seconded by Mr. Duell 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 canied unanimously.

The Executive Session was attended by Directors Reed, Doylen, Bosch, and Duell; Mr. Bieker; Ms. Jurgens, Mr. Allen, and Ms. Moore; and 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 7:29 p.m.

Return to Regular Session

At 7:29 p.m., the Board returned to regular session.

It was moved by Ms. Doylen and seconded by Mr. Duell to schedule a Special Board Meeting on March 21, 2023, at I p.m., to include an Executive Session pursuant to §24-6-402( 4)( e ), C.R.S. for the purpose of "Determining positions relative to matters that may be subject to negotiations, 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.

Adjournment

Having no further business, at 7:40 p.m. it was moved by Ms. Doylen and seconded by Mr. Duell to adjourn the meeting. Motion carried unanimously.