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January 17, 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, January 17, 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 January 17, 2023.

Revised Agenda

  1. Call to Order.
  2. Pledge of Allegiance.
  3. Roll Call, Absences Excused.
  4. Next Meeting Date: Regular Board Meeting, Tuesday, February 21, 2023.
  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 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.
  8. Minutes: Correction and Approval: Regular Board Meeting, December 20, 2022.
  9. New Business and Special Orders:
    1. Update: Phase II - Design of the WRF and Lift Station Improvements Project – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
    2. Consideration for Adoption: Resolution No. 2023-01-01 – Resolution Designating Location to Post Notice – presented by Ms. Moore.
    3. Consideration for Adoption: Resolution No. 2023-01-02 – Amended and Restated Resolution Calling for the 2023 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.
    7. District Manager’s Report.
  11. 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 preliminary cost estimate for the Water Reclamation Facility and Lift Station Improvements Project.
  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 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.

Agenda

  1. Call to Order.
  2. Pledge of Allegiance.
  3. Roll Call, Absences Excused.
  4. Next Meeting Date: Regular Board Meeting, Tuesday, February 21, 2023.
  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 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.
  8. Minutes: Correction and Approval: Regular Board Meeting, December 20, 2022.
  9. New Business and Special Orders:
    1. Update: Phase II - Design of the WRF and Lift Station Improvements Project – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
    2. Consideration for Adoption: Resolution No. 2023-01-01 – Resolution Designating Location to Post Notice – presented by Ms. Moore.
    3. Consideration for Adoption: Resolution No. 2023-01-02 – Amended and Restated Resolution Calling for the 2023 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. g. 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 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

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
Susan Doylen, Vice-Chairman/Secretary
*Kent Bosch, Assistant Secretary/Treasurer
Ronald I. Duell, Treasurer/ Assistant Secretary
Christopher Eshelman, Director

Staff:
Chris Bieker, District Manager
Suzanne Jurgens, Assistant District Manager
Gina Moore, Financial Officer
Nathanael Romig, Collection Superintendent

* Henry Newhouse, Plant Superintendent
Sheryl Panzer, Customer Accounts Manager
* Naomi McCracken, Secretary Gained the meeting virtually at 4:01 p.m. and
"in person" at 5:07 p.m.)

Guests:

* Steve Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company
* John Kuosman, Water/Wastewater Division Leader, Merrick & Company
* Matt Wampler, Senior Project Manager, Garney Construction, Inc.
* David Staats, Project Manager, Garney Construction, Inc.

* Joined via web conference call

Next Meeting Date

The next regular meeting of the Board of Directors will be held on February 21, 2023.

Approval of Agenda

The Board considered the Agenda.

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

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

In attendance via web conference call was Mr. Stewart Squires, of 618 Park River Place, Estes Park, and Mr. Gerald (Jerry) Darmafall of 1331 Willow Lane, Estes Park. In attendance from Leading Associations, 2460 W. 26th Ave., Suite 245C, Denver was Mr. Robert D. Spangler, MPA, Chief Operating Officer and Mr. Jeffrey Arnold, MAM, CAE, President. Mr. Squires, Mr. Darmafall, Mr. Spangler, and Mr. Arnold all indicated they were attending the meeting for general interest and did not offer comment on a non-agenda item.

Five people joined the meeting, "in person", at 4:01 p.m. In attendance was Ms. Donna McMillen of 2551 Longview Drive, Estes Park, Mr. Jim Zalesky and Ms. Karen Zalesky of 2541 Longview Drive, Estes Park, and Mr. Sonny Perschbacher and Ms. Linda Perschbacher of 2604 Longview Drive, Estes Park

Ms. McMillen addressed the Board regarding the District's 11 % annual service rate increase in the years 2021, 2022, and 2023. Ms. McMillen questioned the Board concerning the regulation of the rate increases and if the District has considered charging tourists of the Estes Park area for sewer service and/or sought funding from resources such as the infrastructure bill (also known as BIL, Bipartisan Infrastructure Law) or other federal, state, and county grants. Ms. McMillen stated the imposed rate increase is of particular concern to Estes Park retired residents on a fixed income. The Board thanked Ms. McMillen for her comments.

Mr. Zalesky then asked the Board if District customers were notified of the additional proposed costs for the new Water Reclamation Facility (Project). Mr. Zalesky continued suggesting to the Board that taxes should be imposed and increased for tourists utilizing the sewer system, such as adding a sewer charge to each hotel room rental, and not placing the cost burden on only local residents. The Board thanked Mr. Zalesky for his comments.

Mr. Eshelman stated that although no decisions can be made at this meeting, he responded to the concerns presented by Ms. McMillen and Mr. Zalesky. Mr. Eshelman said most of the District Board and Staff are also Upper Thompson Sanitation District (UTSD) customers and are paying the same 11 % rate increase. Mr. Eshelman clarified points brought forward by Ms. McMillen and Mr. Zalesky stating that UTSD is not part of the Town of Estes Park, does not operate on a mill levy, and therefore does not receive any revenue from property and sales taxes. Mr. Eshelman said the existing rate structure with the three­-year annual 11 % increase was formerly passed and meetings to discuss the rate increases were advertised as statutorily required to inform District customers. He explained the District does impose commercial rates to businesses who serve the tourism industry.

Ms. Doylen then explained that UTSD has been handed unfunded mandates to meet new state and federal water quality regulations for which the cost burden to meet the regulations must be paid by user fees and not taxes. She elaborated that the existing UTSD plant is approximately 50 years old and failing. Ms. Doylen mentioned the District is aware of and is pursuing federal grants; however, it is impo1iant to note that the District does not have a mill levy and many other large water and wastewater districts are also competing for the same funding as rural districts. Ms. Doylen communicated to the public attendees that the District plans to conduct another rate study. Ms. McMillen proposed Larimer County pay for the rate study instead of District customers. Ms. Doylen informed Ms. McMillen that UTSD is not a county organization but is a local government, Special District.

The Board and public attendees then discussed the history and formation of Upper Thompson Sanitation District and options for offsetting the new Water Reclamation Facility Project costs including requiring current residents using septic systems to join the District's sewer system, higher fees for vacation rentals, and merging the two Estes Park sanitation districts, Upper Thompson Sanitation District and Estes Park Sanitation District.

The Board and Mr. Bieker described to the public attendees how District customers are billed, based on the number of fixture units in a residence or commercial building and other criteria, and the cost to treat a gallon of wastewater.

The Board detailed how the wastewater influent and effluent permit limits are being regulated by the Environmental Protection Agency and Colorado Department of Public Health & Environment.

Mr. Bieker added that the District has been forward thinking in the design of the new water reclamation facility to not only replace the current aging infrastructure, but also to handle all the future flow in the Estes valley. Mr. Bieker explained that embarking on this magnitude of a Project requires professional consultants and is an expensive endeavor. Mr. Bieker noted the District has been planning this Project since 2010; however, it has experienced design and construction delays due to the challenges of the 2013 flood, local fires, land acquisition, pandemics, labor shortage issues, and inflationary costs, etc.

Ms. Doylen then invited the public attendees to tour the plant with Mr. Bieker. Mr. Bieker stated he would be happy to lead the tour.

Ms. McMillen said she is very interested in a plant tour and plans to gather other community members to join the tour. Ms. McMillen offered to support the District through engaging community involvement in the District's needs. The Board expressed the need for citizen advocates for the District, customer interest in the Project, and appreciation of the public attending the meeting.

At 5:02 p.m., Ms. McMillen, Mr. and Ms. Zalesky, and Mr. and Ms. Perschbacher excused themselves from the remainder of the meeting.

At 5:02 p.m., Mr. Arnold left the remainder of the meeting.

Approve Minutes from Prior Meeting

The Board reviewed and discussed the Minutes of the December 20, 2022, Regular Board Meeting.

It was moved by Ms. Doylen and seconded by Mr. Eshelman to approve the Minutes of the December 20, 2022, 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 December 20, 2022, Regular Board Meeting:

  • Overall Project:
    • The project design has slowed pending review of the 60% cost opinion information.
    • Meetings were conducted with Garney Construction to review the 60% design submittal scope of work for Garney's preparation of the 45% to 60% cost opinion. Garney's cost opinion will be submitted following further review of the scope items.
    • Glacier Construction has reviewed the 60% documents and developed a third-pmiy validation of the 60% cost opinion for comparison purposes.
    • Design review meetings will be scheduled for late January/ early February. Value engineering (VE) concepts identified by Garney and Merrick & Company will be incorporated into the design review meetings.
  • Fish Creek Lift Station (FCLS):
    • The site location application process design report (PDR) is under review by the Colorado Department of Public Health and Environment (CDPHE).
  • Wapiti Lift Station (WLS), WLS Interceptor, and WLS Force Main:
    • The site location application PDR is under review by the CDPHE.
  • Water Reclamation Facility (WRF):
    • The site location application is under review by the CDPHE.
  • United States Bureau of Reclamation (USBR): A monthly meeting was held with the USBR.
  • Town of Estes Park:
    • Coordination continued with the Town regarding the water main extension along Highway 34 and the potable water and fire water supply to the WRF, WLS, and FCLS.
  • Fire District:
    • Coordination continued with the Fire District regarding the fire hydrant locations and fire lane access to the WRF.
  • Larimer County:
    • Larimer County approved the WRF Location and Extents (L&E) application at the December 21, 2022, Public Hearing.
    • Coordination is underway with Larimer County for rezoning the WRF site.
    • Coordination is underway with Larimer County to confirm Planning Department submittal requirements for the FCLS,

WLS, and WRF.

  • Financial Planning:
    • The Colorado Water Resource and Power Development Authority (CWRPDA) indicated that the maximum loan amount for any given State Revolving Fund (SRF) funded wastewater project will be $18 million for the foreseeable future.
    • The CWRPDA indicated that SRF applications will not be accepted until remaining funding sources and permitting are in place. The next SRF loan application date is June 2023.
    • The WIFIA application remains open pending response to the remaining comments and completion of a credit rating.

Mr. Ravel highlighted the design process has slowed due to Merrick & Company focusing on the permitting component and financial cost review of the Project. Mr. Ravel reported he has a meeting scheduled next week with CDPHE to inquire on the status of the site location applications for the WRF and lift stations and next steps in the application review process.

The Board thanked Mr. Ravel for the Project update.

At 5:06 p.m., Mr. Squires excused himself from the remainder of the meeting.

Consideration for Adoption: Resolution No. 2023-01-01 - Resolution Designating Location to Post Notice - presented by Ms. Moore:

Ms. Moore presented Resolution No. 2023-01-01, designating the posting location of the District's Board meeting notices, pursuant to Section 24-6- 402(2)( c) and 32-1-903(2) of the Colorado Revised Statutes.

Ms. Moore explained the Resolution is an annual resolution and is required to be presented to the Board at the first regular meeting of each year. Mr. Moore stated the District's notices of meetings and agenda information are required to be posted at least 24 hours prior to each meeting online at www.colorado.gov/utsd, per Colorado Revised Statute 24-6-401.

Mr. Moore further explained the resolution also details that in the event of interruption in internet service, or another emergency circumstance, such as a power outage, the District will also post notice of public meetings at least 24 hours prior to a meeting here at the District Administration Building, 2196 Mall Road, Estes Park, Colorado.

The Board considered the Resolution.

It was moved by Mr. Eshelman and seconded by Ms. Doylen to adopt Resolution No. 2023-01-01 Designating Location to Post Notice in the year 2023. Motion carried unanimously.

Consideration for Adoption: Resolution No. 2023-01-02 - Amended and Restated Resolution Calling for the 2023 Regular District Election and Appointing a Designated Election Official- presented by Ms. Jurgens:

Ms. Jurgens presented the details of Resolution No. 2023-01-02, Amended and Restated Resolution Calling for the 2023 Regular District Election and Appointing a Designated Election Official.

Ms. Jurgens explained while she was working on the District's Call for Nominations with Senior Paralegal, Ms. Micki Mills, of legal firm Cockrel Ela Glesne Greher & Ruhland, she realized that Resolution No. 2022-12-01 - A Resolution Calling For The 2023 Regular District Election and Appointing A Designate Election Official, which was adopted at the December 20, 2022, Regular Board Meeting, incorrectly calls out the terms of office for the three Directors up for election at the May 2, 2023, election.

Ms. Jurgens noted Resolution No.2022-12-01 errantly states the election should be conducted to elect three Directors to serve for a term of four years. The terms of office for Directors, Doylen, Duell, and Eshelman expire on May 2, 2023. The Amended and Restated Resolution No. 2023-01-02 correctly calls out the terms of office for the three Director seats up for election in May 2023.

Ms. Jurgens clarified that at the May election, two Directors will be elected to serve a term of four years, and one Director will be elected to serve a term of two years. The Directors whose seats expire in May 2023 and are up for election to serve four-year terms are Ms. Susan Doylen and Mr. Ronald Duell. After the election, the terms of those seats will expire in May 2027.

Ms. Jurgens stated that because Director Christopher Eshelman was appointed in July 2022, his term expires at the May 2023 election (the next election following an appointment) and that seat will be elected to serve a two-year term concluding in May 2025. Director Eshelman was appointed to serve in June 2022, and he took the Oath of Office on July 19, 2022.

Ms. Jurgens reviewed the language correction in Resolution 2023-01-02 with the Board.

Ms. Jurgens emphasized that all other language in Resolution No. 2023-01-02 is identical to the language in election Resolution No. 2022-12-01.

Ms. Jurgens invited questions and discussion of the Board for the proposed adoption of the resolution.

The Board discussed the resolution, the May 2023 election, and asked questions of Ms. Jurgens.

It was moved by Mr. Eshelman and seconded by Ms. Doylen to adopt Resolution No. 2023-01-02: Amended and Restated Resolution Calling for the 2023 Regular District Election and Appointing a Designated Election Official. Motion carried unanimously.

Ms. Jurgens then provided the Board with two options of ballot language to be considered and discussed for the May 2023 election in reference to the Tabor ballot issue, which may be presented for formal adoption by resolution at the February 21, 2023, Regular Board Meeting.

Ms. Jurgens noted that the two ballot language options were prepared by Ms. Micki Mills of CEGR Law for the Board to review and discuss.

Ms. Jurgens emphasized that at this meeting the Board will not adopt the formal ballot language that will be the final form of question asked of the voters.

Ms. Jurgens informed the Board that she has inquired with Ms. Mills as to the extent to which the ballot question can be edited and asked for her insight about the ballot language - length, wording, etc. which would lend to a positive election outcome for the District.

Ms. Jurgens shared Ms. Mills reply to her inquiry with the Board provided in an email: "There are several different versions of de-brucing ballot issues. We just didn't want to bombard the Board with a bunch of versions. We tried to keep them simple. But, yes, the language can be edited. I have seen both longer and shorter versions pass. I'll you educate your constituents, which I know is the plan, then there shouldn't be much confusion. Sometimes, though, less is more and the shorter the better, since you would receive the same voter approval.

"Ms. Jurgens explained to the Board that she consulted with GBSM, the District's public relations consultant, regarding their opinion of the ballot question options. The GBSM team universally agrees that Option 2 is preferable. It is easier to understand and avoids some of the legal jargon that is referenced in the first option.

Ms. Jurgens relayed to the Board that GBSM noted one difference between the two options being the effective dates of the retention of funds received are different in each of the options. Option 2 only allows the District to keep all funds starting in 2024; whereas Option 1 allows for keeping funds in fiscal year 2023. Ms. Jurgens said the District desires to keep all funds received in 2023 and Option 2 can be edited to include receipt of funds in 2023 instead of 2024.

Ms. Jurgens asked the Board to review the two options and share their thoughts regarding the ballot question with her or Mr. Bieker. Ms. Jurgens stated she will continue to consult with Ms. Mills and legal counsel, Ms. Linda Glesne, also of CEGR Law, to refine ballot language options for the February 21, 2023, board meeting.

Ms. Jurgens informed the Board that the ballot language must be set by the District no later than Friday, March 3, 2023.

Ms. Jurgens then explained that when the Board officially adopts the District's final ballot language and certifies it to the ballot in February, the District will be limited by the Fair Campaign Practices Act and shall be sharing only "fair and balanced" factual information with customers and members of the community.

Ms. Jurgens continued saying that following the Fair Campaign Practices Act, and prior to the Board's adoption of the ballot question, the District, with assistance from GBSM, may develop a factual summary sheet showing both the "arguments for" and "arguments against" adopting the ballot issue.

The Board asked questions of Ms. Jurgens regarding the ballot question options.

The Board discussed editing the language to include "existing revenue" rather than identifying the type of revenue such as "fees," "rates", "tolls", "penalties or charges", etc. Mr. Bieker added his opinion is to keep the types of revenue included in the ballot language. Ms. Jurgens said she would contact Ms. Mills and ask if the words describing the type of revenue must be included on the ballot.

Ms. Jurgens concluded she will have several options of ballot language for the Tabor issue available for the Board to consider at the February 21st board meeting.

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 summarized that 2022 unaudited total revenue is $5,484,658 which is $415,690 more than the 2022 budget amount of $5,068,969. This is due to $219,825 more in interest income and $208,881 more in service expansion income received than budgeted.

Ms. Moore then highlighted that the District's unaudited net loss for year 2022 is ($944,861) which is ($5,159,517) less than the budgeted 2022 net loss of ($6,104,378). This difference is primarily due to $3,650,504 less in capital expenditures spent in year 2022 than budgeted, total overhead expenditures for year 2022 are $890,238 less than the 2022 budget amount of $3,603,72 and total operation expenditures were $203,085 less than the 2022 budget amount of

$751,125. The actual total 2022 unaudited expenditures are $4,743,827 less than the $11,173,346 budgeted for year 2022, coming in at $6,429,519 spent when combining overhead, operations, and capital expenditures. Ms. Moore reported that overall, the District's unaudited cash reserves for year ending December 31, 2022, total $13,041,561.

At 5:34 p.m., Mr. Spangler left the remainder of the meeting.

In addition to the System Development Fee Allocation and Connection Report, Ms. Ponzer distributed handouts to the Board with bar graphs showing the annual usage data gathered at metered flumes in the collection mains for the YMCA and Rocky Mountain National Parle Ms. Ponzer presented usage in gallons for both entities for the years 2019 through 2022.

Ms. Ponzer then provided feedback to the Board regarding customer responses she and Ms. McCracken have received pertaining to the 11 % rate increase implemented by the District on January 1, 2023. Ms. Ponzer reported that most customer comments have expressed understanding of the District's need to raise rates. Ms. Ponzer stated that other customers have communicated a struggle to pay higher rates and that they would like to receive advance notice of the rate increases. The Board and Ms. Ponzer discussed the importance of continuing to keep District customers informed and educated about the District's Project and how the District is funded by user rates and not through tax levies.

In addition to the Collection System Report, Mr. Romig replied that the collection department has received the retrofitted Closed-Circuit Television (CCTV) vehicle with the new camera system and will begin using it when operators have been trained on the equipment.

Adding to the Assistant District Manager's Report, Ms. Jurgens encouraged the Board to check their UTSD emails frequently and to let District management know of correspondence with District customers.

Adding to the District Manager's Repmi, Mr. Bieker commended Mr. Ravel for his excellent presentation of the Project during the Larimer County Community Development Location and Extent Review Public Hearing held on December 21, 2022.

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 and for the additional annual reports provided by the Collection and Plant Superintendents.

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 Repo1i and District Manager's Repo1i. Motion carried unanimously.

At 6:01 p.m., Mr. Darmafall, Ms. Moore, Ms. Ponzer, Ms. McCracken, Mr. Romig, and Mr. Newhouse were excused from the remainder of the meeting.

At 6:01 p.m. the Board took an eight-minute recess.

Executive Session

At 6:09 p.m., it was moved by Ms. Doylen and seconded by Mr. Eshelman 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 preliminary cost estimate for the Water Reclamation Facility and Lift Station Improvements Project." Motion carried unanimously.

The Executive Session was attended by Directors Reed, Doylen, Bosch, Duell and Eshelman; Mr. Bieker; Ms. Jurgens; Mr. Ravel and Mr. Kuosman, and Mr. Staats and Mr. Wampler.

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 7:25 p.m.

Return to Regular Session

At 7:25 p.m., the Board returned to regular session.

Adjournment

Having no further business, at 7:25 p.m. it was moved by Mr. Eshelman and seconded by Ms. Doylen to adjourn the meeting. Motion carried unanimously.