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June 17, 2025 Regular Meeting

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, June 17, 2025, 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 Zoom platform. Members of the public wishing to join the meeting via online or telephone participation, please email a request for the meeting link or telephone number to Ms. Gina Moore, Financial Officer, at gina@utsd.org by 2:00 p.m. on June 17, 2025. 

Agenda

  1. Call to Order.
  2. Pledge of Allegiance.
  3. Roll Call, Absences Excused.
  4. Next Meeting Date: Regular Board Meeting, Tuesday, July 15, 2025.
  5. Agenda: Correction and Approval.
  6. Disclosure of Potential Conflicts of Interest.
  7. Public Forum: An opportunity for presentation by the public to provide information to the Board of Directors on any non-agenda item. Note: The Board cannot take any action on non-agenda items but may direct staff to include the item on a future agenda.
    Public Comment on Agenda Items: Public comments will be heard by the Board at the conclusion of the presentation of the agenda item. Persons addressing the Board shall first be recognized by the District Manager or Board Chairman and may speak only one time per agenda item. Speakers shall state their name and address for the official minutes, address comments to the Board as a Body, and shall be allotted three (3) minutes for public comment. 
    All public commentary must be made at the podium or offered virtually via Zoom Chat.
  8. Minutes: Correction and Approval: Regular Board Meeting, May 20, 2025.
    Special Board Meeting, May 27, 2025. 
  9. Reports from 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. District Manager’s Report.
  10. 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 regarding the Wastewater Treatment Service Agreement between the Upper Thompson Sanitation District (District) and Rocky Mountain National Park (RMNP), including the District’s reserved plant capacity for RMNP.
  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 regarding the status, financing, and schedule of the Water Reclamation Facility and Lift Station Improvements Project. 
  12. Board Discussion and Consideration of Approval: RN Civil Construction, LLC Preconstruction Services Agreement for the Wastewater Reclamation Facility and Lift Station Improvements Project. 
  13. Board Discussion and Consideration of Approval: Merrick & Company Work Order to provide value engineering for the Water Reclamation Facility and Lift Station Improvements Project.
  14. 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, Ms. Suzanne Jurgens, three days before the event via email at suzanne@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: June 17, 2025, at 4:00 p.m., at the 
District Office, 2196 Mall Road, Estes Park, Colorado 

Call to Order 

A regular meeting of the Board of Directors of the Upper Thompson Sanitation District, Estes Park, Colorado, was called to order at 4:02 p.m. and held as shown above and in accordance with the applicable statutes of the State of Colorado with the following Directors present and acting: 

Pledge of Allegiance 

The Pledge of Allegiance was recited. 

Attendance 

Board of Directors: 
Christopher Eshelman, Chairman 
Susan Doylen, Vice-Chairman/Secretary 
Michael Morton, Treasurer 
Kent Bosch, Assistant Treasurer/Secretary (joined meeting at 4:41 p.m.) 
Andrew Kessler, Assistant Secretary/Treasurer 

Staff: 
Suzanne Jurgens, District Manager 
Gina Moore, Financial Officer 
Matt Allen, Operations Manager 
Nathanael Romig, Collection Superintendent 
Henry Newhouse, Plant Superintendent 
Sheryl Panzer, Customer Accounts Manager 
Naomi McCracken, Secretary (virtual attendance) 

Invited Guests: 
Steve Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company (virtual attendance) 
Dan Niehus, Owner, RN Civil Construction (virtual attendance) 
Brett Gallrein, Project Manager, RN Civil Construction (virtual attendance) 

Next Meeting Date 

A regular meeting of the Board of Directors will be held on July 15, 2025, at 4:00 p.m. 

Approval of Agenda 

The Board considered the Agenda. 

It was moved by Ms. Doylen and seconded by Mr. Kessler to approve the Agenda as presented. Motion carried unanimously. 

Disclosure of Potential Conflicts of Interest 

Disclosure of potential conflicts of interest is a topic of discussion at every Board meeting to address potential conflicts of interest that may arise as new agenda items are introduced. District Directors who have disclosed potential conflicts of interest can vote as issues arise. 

Public Forum 

Mr. Eshelman opened the meeting for public comment. 

Mr. Eshelman explained the Public Forum is an opportunity for presentation by the public to provide information to the Board of Directors on any non-agenda item. He further explained the Board cannot take action on non-agenda items but may direct staff to include the item on a future agenda. 

Regarding public comment on Agenda Items, Mr. Eshelman provided the following statement: 

Public comments will be heard by the Board at the conclusion of the presentation of the agenda item. Persons addressing the Board shall first be recognized by the District Manager or Board Chairman and may speak only one time per agenda item. Speakers shall stand at the podium, state their name and address for the official minutes, address comments to the Board as a Body, and shall be allotted three (3) minutes for public comment. 

In attendance was Ms. Patti Brown, of 270 Cyteworth Road, Estes Park. Ms. Brown indicated she was observing the meeting on behalf of the Estes Valley Voice. Ms. Brown did not offer comment on a non­agenda item. 

Approve Minutes from Prior Meetings 

The Board reviewed and discussed the Minutes of the May 20, 2025, Regular Board Meeting and the May 27, 2025, Special Board Meeting. 

It was moved by Mr. Morton and seconded by Ms. Doylen to approve the Minutes of the May 20, 2025, Regular Board Meeting as presented. Motion carried unanimously. 

It was moved by Ms. Doylen and seconded by Mr. Morton to approve the Minutes of the May 27, 2025; Special Board Meeting as presented. Motion carried unanimously. 

Reports of Officers, Committees, Professional Consultants, & Staff 

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

The Board asked the staff questions regarding the departmental reports. 

The Board did not have corrections to the departmental reports. 

The Board thanked District Staff for preparing the reports. 

In addition to the Treasurer's Report, Ms. Moore reported that the audit firm, Anderson & Whitney, will be presenting the District's 2024 Audit at the July 15, 2025, Regular Board Meeting. Ms. Jurgens added that a single audit is not required for the loan received from the Colorado Water Resources and Power Development Authority (CWRPDA) for the Water Reclamation Facility and Lift Station Improvements Project (Project) because this loan is not considered federal funds. 

Adding to the District Manager's Report, Ms. Jurgens invited the Board to the Upper Thompson Sanitation District (UTSD) staff summer picnic on July 22, 2025, at noon, at Ride-A-Kart. She also invited the Board to attend the UTSD Open House scheduled for August 11, 2025, from 3:30 to 5:30 p.m. at the Treatment Facility. Ms. Jurgens then notified the Board that a professional photographer will be taking head shots of each director and meeting photos during the August 19, 2025, Regular Board Meeting. 

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

At 4:43 p.m., Mr. Niehus excused himself from the meeting. 

At 4:43 p.m., Ms. Brown, Mr. Gallrein, and Ms. McCracken excused themselves from the remainder of the meeting. 

Executive Session 

At 4:43 p.m., it was moved by Ms. Doylen and seconded by Mr. Morton 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 regarding the Wastewater Treatment Service Agreement between the Upper Thompson Sanitation District (UTSD) and Rocky Mountain National Park (RMNP), including the District's reserved plant capacity for RMNP. Motion carried unanimously. 

The Executive Session was attended by Directors Doylen, Bosch, Eshelman, Morton and Kessler; and Ms. Jurgens, Ms. Moore, Mr. Allen, Mr. Romig, Mr. Newhouse, Ms. Panzer, and Mr. Ravel. 

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 4:59 p.m. 

At 4:59 p.m., the Board took an 8-minute recess. 

Executive Session 

At 5:07 p.m., it was moved by Ms. Doylen and seconded by Mr. Bosch 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 regarding the status, financing, and schedule of the Water Reclamation Facility and Lift Station Improvements Project. Motion carried unanimously. 

The Executive Session was attended by Directors Doylen, Bosch, Eshelman, Morton and Kessler; and Ms. Jurgens, Ms. Moore, Mr. Allen, Mr. Romig, Mr. Newhouse, Ms. Panzer, and Mr. Ravel. 

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 6:21 p.m. 

At 6:21 p.m., the Board took a 9-minute recess. 

Return to Regular Session 

At 6:30 p.m., the Board returned to Regular Session. 

At 6:30 p.m., Mr. Niehus rejoined the meeting. 

Board Discussion and Consideration of Approval: 

RN Civil Construction, LLC Preconstruction Services Agreement for the Wastewater Reclamation Facility and Lift Station Improvements Project: 

Ms. Jurgens summarized for the Board the RN Civil Construction, LLC Preconstruction Services Agreement for the Wastewater Reclamation Facility and Lift Station Improvements Project. 

Ms. Jurgens stated the purpose of this agreement with RN Civil Construction is to collaborate with the District's design team to evaluate potential design modifications that would allow the District to construct the Project within the established budget of $100 million for the water reclamation facility. This collaborative approach aims to achieve 20% design completion. At that stage, RN Civil Construction will be able to provide a preliminary cost estimate for the facility at the 9-acre site. 

Ms. Jurgens and the Board welcomed Mr. Dan Niehus to the meeting and asked him if he had any comments or concerns. Mr. Niehus replied that he is eager to work with the District and to take the Project to fruition. He commented that he is optimistic the Project will be successful. The Board expressed their appreciation for Mr. Niehus's confidence. 

Ms. Jurgens stated that the scope of services is detailed in the agreement's exhibit, and a not-to-exceed cost has been specified. Ms. Jurgens noted that the RN Civil Construction agreement was reviewed by the Board in its final form. The next steps are for the Board to give authorization to Ms. Jurgens to execute the agreement and for Mr. Niehus to review and sign the agreement. The guaranteed maximum price and not to exceed cost is $83,240 for RN Civil Construction's work. 

The Board discussed the RN Civil Construction, LLC Preconstruction Services Agreement for the Wastewater Reclamation Facility and Lift Station Improvements Project and directed Ms. Jurgens to confirm its acceptability with District legal counsel before execution. 

It was moved by Ms. Doylen and seconded by Mr. Bosch, per legal counsel review and approval, to approve the Preconstruction Services Agreement with RN Civil Construction, LLC, for the Wastewater Reclamation Facility and Lift Station Improvements Project. Motion carried unanimously. 

The Board stated they look forward to working with Mr. Niehus and the RN Civil Construction team. Mr. Niehus replied that he also looks forward to working with the District. 

At 6:33 p.m., Mr. Niehus excused himself from the remainder of the meeting. 

Board Discussion and Consideration of Approval: 

Merrick & Company Work Order to provide value engineering for the Wastewater Reclamation Facility and Lift Station Improvements Project: 

Mr. Eshelman noted that a work order from Merrick & Company, known as Amendment No. 5, has been presented for the Boards consideration. This amendment includes value engineering services up to 20% completion for the Project. 

Ms. Jurgens informed the Board that this amendment is currently in draft form and has not yet been finalized. While the scope of work, associated costs, and schedule remain consistent, minor edits to the document are necessary. 

The Board considered Amendment No. 5 from Merrick & Company. 

It was moved by Ms. Doylen and seconded by Mr. Bosch to authorize Ms. Jurgens to further refine the details of Amendment No. 5 to the Agreement for Professional Services with Merrick & Company and to coordinate with legal counsel for its finalization and execution, ensuring the total amount does not exceed the specified figure presented in the amendment. Upon completion, approval is granted for Merrick & Company to perform additional value engineering services for the Wastewater Reclamation Facility and Lift Station Improvements Project. Motion carried unanimously. 

Adjournment 

Having no further business, at 6:37 p.m. it was moved Ms. Doylen and seconded by Mr. Morton to adjourn the meeting. Motion carried unanimously. 

Susan L. Doylen, Vice-Chairman/Secretary

Christopher L. Eshelman, Chairman