June 18, 2024 Regular Board Meeting Minutes

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 18, 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 June 18, 2024.

Revised Agenda

Call to Order.
Pledge of Allegiance.
Roll Call, Absences Excused.
Next Meeting Date: Regular Board Meeting, July 16, 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, Tuesday, May 21, 2024.
New Business and Special Orders:
- Consideration for Adoption: Resolution No. 2024-06-01 – A Resolution Voiding Handwritten Revisions and/or Strikeouts in Easement Agreements – presented by Ms. Jurgens.
- Consideration for Adoption: Resolution No. 2024-06-02 – A Resolution Repealing and Adopting Amended Short-Term Retiree Insurance Benefit for Eligible Employees – presented by Ms. Jurgens.
- Legislative Update: Second Regular Session of the 74th Colorado General Assembly - presented by Ms. Glesne, Partner, CEGR Law.
- Update: Phase II - Design of the Water Reclamation Facility (WRF) and Lift Station Improvements Project – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
- Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No. 25, Dated June 14, 2024 – presented by Ms. Moore.
- Announcement: Retirement of District Manager – presented by Mr. Bieker.
- Consideration for Adoption: Resolution No. 2024-06-03 – A Resolution Authorizing the Disposal of Non-Functional or Surplus Property Having De Minimis Value – presented by Ms. Jurgens.
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)(f), C.R.S., Personnel matters related to position of the District Manager.
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.

Agenda

Call to Order.
Pledge of Allegiance.
Roll Call, Absences Excused.
Next Meeting Date: Regular Board Meeting, July 16, 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, Tuesday, May 21, 2024.
New Business and Special Orders:
- Legislative Update: Second Regular Session of the 74th Colorado General Assembly - presented by Ms. Glesne, Partner, CEGR Law.
- Update: Phase II - Design of the Water Reclamation Facility (WRF) and Lift Station Improvements Project – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
- Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No. 25, Dated June 14, 2024 – presented by Ms. Moore.
- Consideration for Adoption: Resolution No. 2024-06-01 – A Resolution Voiding Handwritten Revisions and/or Strikeouts in Easement Agreements – presented by Ms. Jurgens.
- Announcement: Retirement of District Manager – presented by Mr. Bieker.
- Consideration for Adoption: Resolution No. 2024-06-02 – A Resolution Repealing and Adopting Amended Short-Term Retiree Insurance Benefit for Eligible Employees – presented by Ms. Jurgens.
- Consideration for Adoption: Resolution No. 2024-06-03 – A Resolution Authorizing the Disposal of Non-Functional or Surplus Property Having De Minimis Value – presented by Ms. Jurgens.
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)(f), C.R.S., Personnel matters related to position of the District Manager.
Adjournment.

Record of Proceedings

Minutes Of A Regular Meeting Of The Board of Directors Of
Upper Thompson Sanitation District
Held: June 18, 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 4:00 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:
Christopher Eshelman, Chairman
Susan Doylen, Vice-Chairman/Secretary
Stanley Gengler, Treasurer
Jack Reed, Assistant Treasurer/Secretary
Kent Bosch, Assistant Treasurer/Secretary

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 Uoined via web conference call)
Sheryl Panzer, Customer Accounts Manager
Naomi McCracken, Secretary Uoined via web conference call)
Steven Rusch, Customer Accounts Administrator

Guests:
Steve Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company
John Kuosman, Water/Wastewater Division Leader, Merrick & Company Uoined via web conference call)
Linda Glesne, Partner, Cockrel Ela Glesne Greher & Ruhland, (CEGR Law) P.C. Uoined the meeting at 4:19 p.m.)

Next Meeting Date

A regular meeting of the Board of Directors will be held on July 16, 2024, at 4:00 p.m.

Approval of Agenda

The Board considered revising the Agenda to move New Business Items 9d. and 9f. ahead of Item 9a. and to shift all other subsequent items down accordingly. These revisions accommodate the delayed arrival of Ms. Glesne of legal firm, Cockrel Ela Glesne Greher & Ruhland (CEGR), who is to present Item 9a., "Legislative Update".

It was moved by Ms. Doylen and seconded by Mr. Gengler to amend the Agenda as discussed, moving Items 9d. and 9f. ahead of Item 9a. and shifting all other subsequent items down the Agenda accordingly. 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 at 4:08 p.m.

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. Ms. Urquhart did not offer comment on a non-agenda item.

Approve Minutes from Prior Meetings

The Board reviewed and discussed the Minutes of the May 21, 2024, Regular Board Meeting.

It was moved by Ms. Doylen and seconded by Mr. Bosch to approve the Minutes of the May 21, 2024, Regular Board Meeting as presented. Motion carried unanimously.

New Business and Special Orders

Consideration for Adoption: Resolution No. 2024-06-01 - A Resolution Voiding Handwritten Revisions and/or Strikeouts in Easement Agreements - presented by Ms. Jurgens:

Ms. Jurgens presented to the Board Resolution No. 2024-06-01, A Resolution Voiding Handwritten Revisions and/or Strikeouts in Easement Agreements.

Ms. Jurgens introduced this Resolution stating that over the course of business, District staff have become aware of a historical easement document that contains handwritten revisions and text that were stricken with the intent of deviating from the District's standard easement form. The deviation was not approved by the Board of Directors and is inconsistent with historic and current Rules and Regulations. The easement agreement was recorded in real property records of Larimer County. Resolution No. 2024-06-01 - A Resolution Voiding Handwritten Revisions and/or Strikeouts in Easement Agreements addresses this matter.

Ms. Jurgens explained that Ms. Linda Glesne has prepared this Resolution for consideration by the Board at this meeting which establishes a policy voiding any handwritten revisions and/or strikeouts contained in easement agreements. Upon adoption of this Resolution, any revisions and/or strikeouts to an easement agreement must be approved by the Board, consistent with the District's current Rules and Regulations and typed into the easement agreement.

Ms. Jurgens noted that the Resolution further states the Board finds it appropriate and necessary to the function and operation of the District and consistent with the District's policy of providing fair and equitable application of the Rules and Regulations to all of its customers.

Ms. Jurgens highlighted that the Resolution resolves that upon adoption the District will not honor handwritten revisions and/or strikeouts in easement agreements. That such handwritten notes and/or strikeouts are void and unenforceable.

Ms. Jurgens further explained that the Resolution is not intended to modify the District's Rules and Regulations, except as amended in this Resolution which will add the following statement to that document:

No handwritten revisions and/or strikeouts in an easement agreement to which the District is a party will be given force or effect. Any revision and/or strikeout to an easement must be approved by the Board, consistent with the District's current Rules and Regulations and typed into the easement agreement.

This amendment will be incorporated into the District's Rules and Regulations as soon as reasonably practical.

Ms. Jurgens stated that upon adoption of this Resolution by the Board, the District will consult with Ms. Glesne to develop an amended easement to correct the historical easement that has handwritten/stricken notes and, upon its execution, file the amended easement with Larimer County.

Ms. Jurgens answered questions of the Board pertaining to the number of historical easements containing handwritten revisions and/or strikeouts that will be voided, amended, and refiled. Ms. Jurgens responded that District staff is currently aware of one existing easement from year 1976. Mr. Eshelman asked Ms. Jurgens if the current owner was contacted regarding the easement voidance and amendment, Ms. Jurgens replied District staff plans to contact the owner proceeding approval of the pending Resolution.

The Board considered and discussed the Resolution and the proposed amendment to the Rules and Regulations.

It was moved by Ms. Doylen and seconded by Mr. Bosch to adopt Resolution No. 2024-06-01, A Resolution Voiding Handwritten Revisions and/or Strikeouts in Easement Agreements. Motion carried unanimously.

Consideration for Adoption: Resolution No. 2024-06-02 - A Resolution Repealing and Adopting Amended Short-Term Retiree Insurance Benefit for Eligible Employees - presented by Ms. Jurgens:

Ms. Jurgens presented to the Board Resolution No. 2024-06-02, A Resolution Repealing and Adopting Amended Short-Term Retiree Insurance Benefit for Eligible Employees.

Ms. Jurgens summarized this Resolution stating that in 2012 the Board of Directors adopted revised Resolution No. 2012-08-01 - A Resolution Adopting Short-Term Retiree Insurance Benefit. The Resolution states that the Board offers certain health and welfare benefit plans as part of the District's total compensation provided to employees with an aim to recruit and retain qualified and dedicated personnel. The Resolution acknowledges the value of having long-term, dedicated staff, and declares the District's desire to fund a program providing a short-term health benefit to retiring employees, who had continuously served the District for a set period of years, and were not yet, but near eligibility for Federal health care benefits, such as Medicare. The Resolution also recognizes the potential high cost of obtaining health insurance upon the long-term employee's retirement prior to that employee's eligibility for Medicare.

Ms. Jurgens explained that since that Resolution was adopted, the District has provided short-term health benefits to one qualifying employee, who greatly appreciated that benefit upon her retirement.

Ms. Jurgens noted that in a recent review of that Resolution, it became apparent the document should be updated to reflect the current status of the District and foreseeable future regarding long-term employment, the benefit being offered, and the financial impact over time. Therefore, after consultation with Ms. Linda Glesne about the short-term retiree benefit, it was determined the Board should repeal Resolution No. 2012-08-01 and consider adopting an updated version of that Resolution.

Ms. Jurgens stated Ms. Glesne prepared Resolution No. 2024-06-02 - A Resolution Repealing and Adopting Amended Short-Term Retiree Insurance Benefit for Eligible Employees for the Board's consideration.

Ms. Jurgens highlighted that the amended Resolution declares the Board wishes to repeal the prior Retirement Health Benefit and amend the benefit to increase the years of service required to participate in the short-term Retirement Health Benefit. The amendment also offers the lowest deductible health plan and includes dental and vision insurance.

The amended Resolution resolves the following:

The Board's repeal of Resolution No. 2012-08-01 to update to the Retirement Health Benefit.
Defines an eligible employee as one who is within three years of the Medicare eligibility age at the time of retirement.
Requires an employee to have completed at least 20 years of continuous employment with the District immediately prior to retirement.
Recognizes the dedication of long-term employees with a method of continuing coverage through the District's health insurance benefits to any eligible employee until such time as Medicare becomes available to that employee.
The Board will consider the benefit subject to the budgeting process and annual appropriation of necessary funds.
The District will pay premiums to fund the Retirement Health Benefit at a level required to fund the lowest deductible health plan, including dental and vision insurance available to District employees.
The Retirement Health Benefit is available up to the date the Eligible Employee becomes eligible for Medicare.
The District assumes no responsibility or liability to register the participating retiree for Medicare or any other benefit plan following termination of participation in the Retirement Health Benefit.
The Board reserves the right to study the effectiveness of the health benefit, to change the level of premium that the District will fund, or to terminate the benefit at any time.
The Board will strive to not terminate the benefit for a participating retiree, but to make termination apply on a prospective basis only.
Funds allocated for the benefit shall remain part of the General Fund assets of the District.

The Board considered and reviewed Resolution No. 2024-06-02 which repeals the old resolution establishing a short-term retiree health benefit and amends the retirement health benefit by increasing the required years of continuous employment immediately prior to retirement to 20 years and funding the lowest deductible health plan.

Ms. Doylen suggested the words "his or her" be eliminated from the Resolution.

At 4:19 p.m., Ms. Glesne arrived at the meeting.

Public Comment: Ms. Urquhart of 1955 Homestead Lane, Estes Park, recommended the Resolution not include a specific age for benefit eligibility in the event the eligibility age of the Federal health benefit changes in the future.

The Board concurred with Ms. Urquhart and directed staff to edit the sentence in paragraph 1, page 1, to, "who is within three years of the Medicare eligibility age at the time of retirement".

The Board thanked Ms. Jurgens for presenting Resolution No. 2024-06-02.

It was moved by Ms. Doylen and seconded by Mr. Bosch to adopt Resolution No. 2024-06-02, A Resolution Repealing and Adopting Amended Short-Term Retiree Insurance Benefit for Eligible Employees, with the discussed amendments. Motion carried unanimously.

Ms. Jurgens thanked Ms. Glesne for her preparation of both Resolutions No. 2024-06-01 and No. 2024-06-02.

Legislative Update: Second Regular Session of the 7 4th Colorado General Assembly - presented by Ms. Glesne, Partner, CEGR Law:

Ms. Glesne of CEGR Law presented a legislative update to the Board regarding the Second Regular Session of the 74th Colorado General Assembly. Ms. Glesne provided a handout detailing House Bills (HB) and Senate Bills (SB) of interest applicable to wastewater and water special districts, along with general bills for special districts.

Ms. Glesne highlighted HB24-1454 Grace Period Digital Accessibility Requirements. She explained that this Bill provides an extension to July 1, 2025, for governmental entities to comply with digital (website) accessibility requirements if good faith efforts at compliance are made. The Governor recently signed this Bill. Ms. Glesne commended the District for being proactive with website accessibility efforts.

Ms. Glesne reviewed other Bills including HB24-1296, Modification to the Open Records Act (this Bill failed) and S824-131, Prohibiting Firearms in Sensitive Spaces. Ms. Glesne explained that SB24-131 would prohibit a person from knowingly carrying a firearm, both openly and concealed, in a local government building, unless the local government enacts a regulation permitting carrying. She further explained that a person with a concealed carry permit may carry a concealed weapon in the adjacent parking lot of the protected buildings without violating this law. Ms. Glesne stated that SB24-131 was signed by the Governor.

Ms. Glesne answered questions of the Board throughout her presentation.

The Board thanked Ms. Glesne for the legislative update.

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. Kuosman noted the following updates which occurred after the May 21, 2024, Regular Board Meeting:

Meetings were conducted with the District, Hilltop Securities, and the US Environmental Protection Agency (USEPA) Water Infrastructure and Finance Innovation Act (WIFIA) to review project financing and funding.
The proposed Fish Creek Lift Station (FCLS), Wapiti Lift Station (WLS), WLS Interceptor, and WLS Force Main construction and permanent permitted boundaries were submitted to the US Bureau of Reclamation (USSR) for review and their use with finalizing the special use permit.
The environmental assessment (EA) 30-day public advertisement period ended on June 3, 2024, with receipt of one comment letter from the Federal Emergency Management Agency (FEMA). FEMA comments referenced the floodplain coordination work that has been completed by the District.
The process design report (PDR) for the FCLS, WLS, WLS Interceptor, and WLS Force Main and 90% drawings will be submitted to the Colorado Department of Public Health and Environment (CDPHE) for design review.
The WRF 90% site drawings and reports will be submitted to Larimer County for use with finalizing the site plan approval.
The CDPHE has initiated its review of the Basis of Design Report for the WRF that was submitted on February 20, 2024. The WRF site location application has been revised from 3-MGD to 2-MGD and distributed to the relevant agencies as a courtesy at the direction of the CDPHE.

In addition to the Project update provided in the board packet, Mr. Kuosman displayed a PowerPoint presentation of the design completion schedule, funding and permitting completion schedule and bidding schedules for the Project.

For the design completion schedule, Mr. Kuosman stated the goal is to have Merrick & Company's final internal design completed by June 21, 2024, and the conflict resolution completed by June 28, 2024. The complete Quality Assurance (QA) and Quality Control (QC) review is scheduled between July 1 -July 19, 2024, with finalized QA/QC comments done by July 29, 2024. The final design submittal to the District is scheduled for August 5, 2024. Mr. Kuosman noted after August 5, 2024, the construction documents will be segmented into four bid packages - the Water Reclamation Facility, Wapiti Lift Station, Force Main, and Fish Creek Lift Station.

Mr. Kuosman reviewed the funding and permitting completion schedule, explaining that CDPHE is reviewing the design of both the Water Reclamation Facility (WRF) and lift stations (LS); Fish Creek Lift Station and Wapiti Lift Station. The WRF design review by CDPHE is anticipated to be completed by June/July 2024 and the LS design review by July/August 2024. The Larimer County Planning Office and United States Bureau of Reclamation reviews are scheduled for completion by July/August 2024. In November 2024, the Larimer County Building Permit review is scheduled, and it is anticipated the District will receive a self-certification for WRF construction approval and for the contractor to obtain a building permit from Larimer County.

Mr. Kuosman then detailed the WRF bidding schedule and potential Project contractors. The prequalification document is scheduled to be released in July 2024, and in August 2024, an informal prequalification selection will begin. The release of the WRF invitation to bid is scheduled for September 2024 and the bid closing date is scheduled for October 2024. The Notice of Award is tentatively scheduled for an October/November 2024 timeframe. Construction is anticipated to commence in December 2024 with a construction duration of approximately 24 - 30 months. Mr. Kuosman presented a list of sixteen interested WRF Contractors and LS Contractors including those who attended Industry Day held in April 2024 and those who provided submittals to be the Construction Manager at Risk (CMAR) in July 2022.
Mr. Kuosman further projected a bidding schedule for the WLS Force Main, Invitation to Bid in Spring 2025, with construction to commence in Summer 2025. He further explained that the WLS Force Main construction duration is expected to be 6 months.

Mr. Kuosman summarized his presentation with recommendations for the District. He stated Merrick & Company recommends the District bid the WRF first to attain best market availability and pricing. Mr. Kuosman stated Merrick & Company intends to allow the District flexibility in determining if the lift stations will be bid separately, staggered, or together for economies of scale purposes.

Ms. Doylen asked Mr. Kuosman if there is benefit of bidding all the Project components at the same time to engage one contractor, instead of multiple contractors, for purposes of cost savings in areas such as mobilization fees. Mr. Kuosman responded that he does not believe all sixteen potential contractors listed would have the same level of availability to complete all four components of the Project. Mr. Kuosman said in the event the Project components are set up for staggered bidding and one of the contractors does have the availability to complete all four Project components, it would not preclude that contractor from bidding the other three components at a later time.

Mr. Eshelman asked Mr. Kuosman if WIFIA had objections to prequalification. Mr. Kuosman replied there are no restrictions under WIFIA or CWRPDA/SRF financing for the District's prequalification selection process.

The Board then discussed the importance of engaging a contractor that aligns with the District in terms of effective communication and meeting Project goals.

The Board thanked Mr. Kuosman for the Project update and PowerPoint presentation of the final design and anticipated bidding schedule.

Mr. Rusch excused himself from the remainder of the meeting at 5:14 p.m.

At 5:39 p.m., Mr. Ravel joined the meeting via web conference call.

The Board asked Mr. Ravel questions regarding the services during bidding and construction fees in the Opinion of Probable Construction Cost (OPCC) for 90% design which was submitted to the District on June 14, 2024. Specifically, Mr. Eshelman inquired about the increase in the fee for Merrick & Company's services during bidding and construction over the previous OPCC dated July 12, 2023 (60% design). Mr. Eshelman also noted that the Project Contingency amount of $4,650,000 was removed from the current version of the OPCC and stated he would prefer the contingency to be included. Mr. Ravel explained that the figures are based on percentages, and he will review the OPCC and respond to the Board's questions and suggestions at a later date.

Mr. Bieker asked Mr. Kuosman and Mr. Ravel questions regarding the estimate for change orders proceeding the QA and QC review and completion of the OPCC for 100% design. Mr. Ravel confirmed, stating as 100% Project design is attained, the OPCC will be updated accordingly, risks assessed, and the estimate for change orders identified.

Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No. 25, Dated June 14, 2024- presented by Ms. Moore:

Ms. Moore asked the Board for approval to remit payment to Merrick & Company for an invoice received by the District: Invoice Number 10117753 in the amount of $287,417.55. Ms. Moore explained Invoice Number 10117753 is for work performed on the Water Reclamation Facility and Lift Station Improvements Project from April 27, 2024, through May 31, 2024. Ms. Moore stated she has prepared a check for payment of this invoice, and it is ready for signature at this meeting.

It was moved by Ms. Doylen and seconded by Mr. Reed to approve payment to Merrick & Company for Invoice Number 10117753 in the amount of $287,417.55. Motion carried unanimously.

Announcement: Retirement of District Manager - presented by Mr. Bieker:

Mr. Bieker announced to the Board his retirement from the District, after 37 years of dedicated service, effective January 2, 2025. Mr. Bieker read aloud his retirement letter that was included in the board packet.

Mr. Bieker then expressed his heartfelt gratitude to both the current and former Board of Directors for allowing him the opportunity to serve in the role as District Manager since the year 2008. Mr. Bieker also acknowledged former District Manager, Bob Cheney, for hiring him.

Mr. Bieker stated he is comfortable in stepping away from the District because he is proud of the present state of the District, and he has full confidence in the current staff to manage the District moving forward.

Mr. Bieker thanked Mr. Ravel and Ms. Glesne for working alongside him over the past 16 years.

Mr. Eshelman commended Mr. Bieker for being an excellent leader, for hiring qualified staff, and for providing employees with the tools needed for success. Mr. Eshelman added that he appreciates the opportunity to have worked with Mr. Bieker over the years.

The Board thanked Mr. Bieker for his nicely written retirement letter.

Consideration for Adoption: Resolution No. 2024-06-03 -A Resolution Authorizing the Disposal of Non-Functional or Surplus Property Having De Minimis Value - presented by Ms. Jurgens:

Ms. Jurgens presented to the Board Resolution No. 2024-06-03, A Resolution Authorizing the Disposal of Non-Functional or Surplus Property Having a De Minimis Value.

Ms. Jurgens introduced Resolution No. 2024-06-03 stating that in 1978 the District purchased a 1976 Chevy truck with a body style titled "Sewer Cleaner" which, at one time, served as a tanker flush truck for the collection department. Years later it was modified into a transport truck for the Eagle Rock lift station generator, which is now permanently installed at the Eagle Rock Lift Station. The truck has not been functional since 2012 and is stored, without cover, on facility grounds.

Ms. Jurgens explained that this Resolution states that, per Colorado Revised Statutes, the Board of Directors is authorized to acquire, dispose of, and encumber real and personal property. The Resolution calls out that the 1976 Chevy Sewer Cleaner truck is fully depreciated, non-functional, and an obsolete surplus piece of equipment in the District's vehicle fleet. The District has been insuring and licensing the truck since it was purchased in 1978.

Ms. Jurgens noted that the Resolution states that the Board desires to adopt a policy to allow for the disposition of the 1976 truck and any other obsolete or non-functioning surplus property without functional value to the District, so the District may discontinue insurance on and remove equipment found to have zero useful remaining life from its asset inventory.

Ms. Jurgens highlighted that the Resolution also states that the District Manager has sought approval and the Board further desires to permit the District Manager to salvage, for his personal use, any portion of the 1976 truck, including the engine and any other parts, prior to arranging for its final disposition.

The Resolution resolves the following:

The Board of Directors authorizes the District Manager to dispose of the 1976 truck in a manner deemed to be the most efficient and deliver the greatest value and cost savings for the District.
The Board further authorizes the District Manager to salvage any parts from the 1976 truck, including but not limited to the engine and any other parts for his personal use, at his own cost and expense, and within a reasonable period of time not to exceed 90 days from the date of the resolution, prior to arranging for the truck to be disposed of for salvage.
Upon salvage, the Board authorizes and directs the District Manager or a representative of the District to remove the 1976 truck from the District's inventory for all purposes, including insurance.
All other property determined to be surplus non-functioning or obsolete property may be disposed of in the manner provided by this resolution and as determined to be most efficient and at the least cost to the District, provided that no property shall be granted to a District employee without prior Board approval.

Ms. Jurgens thanked Ms. Linda Glesne for her preparation of this Resolution for consideration by the Board.

The Board considered and discussed the Resolution.

It was moved by Mr. Gengler and seconded by Mr. Bosch to adopt Resolution No. 2024-06-03, A Resolution Authorizing the Disposal of Non-Functional or Surplus Property Having a De Minimis Value. Motion carried unanimously.

Reports of Officers, Committees, Professional Consultants, & Staff

In addition to the Assistant District Manager's Report, Ms. Jurgens informed the Board that she received notification from the Colorado Division of Homeland Security & Emergency Management, Office of Grants Management (OGM) that the Federal Emergency Management Agency (FEMA) grant reimbursement for Project Worksheet (PW) 861, Permanent Fish Creek Corridor, is in peer review, as of June 3, 2024. FEMA has placed this project's closeout review on a priority status.

Ms. Jurgens also reported that the District has received a final investment grade rating of BBB+ from S&P Global Ratings. This rating will support funding requirements for the WIFIA loan program. Ms. Jurgens acknowledged and thanked Mr. Jason Simmons of Hilltop Securities and Ms. Kim Crawford of Butler & Snow, LLP for all their efforts in facilitating the process to obtain a strong credit rating, which is a requirement of the WIFIA loan.

Ms. Jurgens then commended collection and administration staff who participated in the Fixture Unit Value (FUV) count for a customer of the District, she received feedback from the customer that District staff was very knowledgeable and professional.

In addition to the Collection System Report, Mr. Romig informed the Board that two Collection Operators passed certification exams. Mr. Brad Gruhl passed his Collection Certification Level 2 exam and Mr. Joel York passed his Collection Certification Level 1 exam. The Board congratulated Mr. Gruhl and Mr. York on their achievement.

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.

It was moved by Ms. Doylen and seconded by Mr. Bosch 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 6:28 p.m., Mr. Ravel, Mr. Kuosman, Ms. Urquhart, Ms. Jurgens, Ms. Moore, Mr. Allen, Mr. Romig, Mr. Newhouse, Ms. McCracken, and Ms. Panzer left the remainder of the meeting.

Executive Session

At 6:28 p.m., it was moved by Ms. Doylen and seconded by Mr. Bosch to go into Executive Session pursuant to §24-6-402(4)(f), C.R.S. "Personnel matters" related to position of the District Manager. Motion carried unanimously.

The Executive Session was attended by Directors Reed, Doylen, Bosch, Eshelman and Gengler; Mr. Bieker, and Ms. Glesne.

The Board did not engage in substantial discussion of any matter not enumerated in §24-6-402(4)(f) C.R.S., nor did it adopt any proposed legislative policy, position, resolution, rule, regulation, or formal action.

The Executive Session was adjourned at 7:50 p.m.

Return to Regular Session

At 7:51 p.m., the Board returned to Regular Session.

The Board directed District staff to coordinate and schedule a Special Board Meeting to be held on Tuesday, June 25, 2024, at 1 :00 p.m. with the inclusion of an Executive Session pursuant to §24-6- 402(4)(f), C.R.S. "Personnel matters" related to position of the District Manager and consideration of Ms. Suzanne Jurgens for the District Manager position.

Adjournment

Having no further business, at 7:54 p.m. it was moved by Mr. Bosch and seconded by Ms. Doylen to adjourn the meeting. Motion carried unanimously.