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 a special meeting, which is open to the public, at 5:00 p.m. on Wednesday, March 1, 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 March 1, 2023.
Agenda
- Call to Order.
- Pledge of Allegiance.
- Roll Call, Absences Excused.
- Next Meeting Dates: Regular Board Meeting, Tuesday, March 21, 2023.
Special Board Meeting, Tuesday, March 28, 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 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. - Consideration for Adoption: Amended and Restated Ballot Issue A, Exhibit A, Resolution No. 2023-02- 01- Authorizing An Election On The Question of Receiving and Spending All Revenues Received By The District From All Sources, Including Grants And Donations - presented by Ms. Jurgens.
- 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 accommodations for qualified individuals with known disabilities. If any person has a disability and requires a reasonable accommodation to fully participate in this event, please contact District Manager, Mr. Chris Bieker, three days before the event via email at chris@utsd.org, or telephone at 970.586.4544, or dial 711 to connect with Relay Colorado.
Record of Proceedings
Minutes of a Special Meeting of the Board of Directors of
Upper Thompson Sanitation District
Held: March 1, 2023, at 5:00 p.m., at the
District Office, 2196 Mall Road, Estes Park, Colorado
Call to Order
A special meeting of the Board of Directors of the Upper Thompson Sanitation District, Estes Park, Colorado, was called to order at 5:01 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
Christopher Eshelman, Director
Absent:
It was moved by Ms. Doylen and seconded by Mr. Eshelman to excuse the absence of Director Duell. 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
Guests:
* Linda Glesne, Partner, Cockrel Ela Glesne Greher & Ruhland, P.C.
* Joined via web conference call
Next Meeting Dates
The next regular meeting of the Board of Directors will be held on March 21, 2023. A special meeting of the Board of Directors will be held on March 28, 2023, at 2:00 p.m.
Approval of Agenda
The Board considered the Revised Agenda.
It was moved by Ms. Doylen and seconded by Mr. Eshelman 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.
No members of the public joined the meeting, via web conference call.
New Business and Special Orders
Consideration for Adoption: Resolution No. 2023-03-01 - Amendment in Part to Resolution Authorizing an Election on the Question of Receiving and Spending All Revenues Received by the District From All Sources, Including Grants and Donations - presented by Ms. Jurgens:
Ms. Jurgens thanked the Board for convening at this Special Board Meeting to reconsider the ballot issue for the upcoming election on May 2, 2023.
Ms. Jurgens informed the Board that the Notice of this Special Meeting was posted, as statutorily required, on the District's website and at the administration office at least 24 hours in advance of the meeting.
Ms. Jurgens stated at the February 21, 2023, Regular Board Meeting, the Board of Directors considered and adopted 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."
Ms. Jurgens explained that Exhibit A of the resolution sets the 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).
Ms. Jurgens noted at the February meeting the Board discussed five ballot question options and variations of those questions to present to registered voters of the District at the May 2, 2023, election. After thoughtful discussion, the Board concurred that Option 5 was the best question, and within that option to change the word "defray" to "offset". The Board adopted the resolution with Exhibit A, calling out Ballot Issue A as Option 5 ( changing the one word).
Ms. Jurgens said per Board direction, on February 23, 2023, she requested review of the executed resolution and exhibit with the ballot issue to the District's legal counsel, Ms. Linda Glesne and paralegal Ms. Micki Mills, of the firm Cockrel Ela Glesne Greher & Ruhland.
Ms. Jurgens reported on February 27, 2023, she received an opinion from Ms. Glesne which she shared with the Board of Directors on February 28, 2023. Ms. Jurgens stated she scheduled this Special Board Meeting per the Board's direction to allow the Board to confer about the selected ballot question in consideration of Ms. Glesne's opinions regarding the District's ballot option.
Ms. Jurgens conveyed Mr. Eshelman requested Ms. Glesne attend the meeting to advise the Board throughout the discussion.
Ms. Jurgens stated Ms. Glesne has prepared Resolution No. 2023-03-01 Amendment in Part to Resolution Authorizing an Election on the Question of Receiving and Spending All Revenues Received by the District from All Sources, Including Grants and Donations.
Ms. Jurgens mentioned Exhibit A of the new resolution will be complete if the Board determines to set a new or revised ballot question.
Ms. Jurgens then recapped the following purposes of the ballot initiative:
- The District is subject to Colorado TABOR laws which limit the ability of government to retain and spend revenue that 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 more than that amount be returned to taxpayers. This is called a revenue cap.
- 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.
- 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 said at the conclusion of the discussion regarding this matter the Board should determine if Ballot Issue A, as set at the February 2023, Regular Board Meeting in Resolution No. 2023-02-01, should remain in effect, or the new Resolution No. 2023-03-01, which amends that prior election resolution and adopts a new Ballot Issue A, be adopted.
Ms. Jurgens explained upon determination of the ballot title and election resolution, the District will certify the ballot and the ballot content on Friday, March 3, 2023.
Ms. Jurgens invited Ms. Glesne to share additional information for consideration by the Board and the Board to discuss the ballot question and consider the new resolution.
Ms. Jurgens and the Board welcomed Ms. Glesne to the meeting.
Ms. Glesne stated that although all five ballot question options are legally sufficient as drafted, the fifth selected option identifies a specific purpose rather than a broad purpose for the District's ballot de-Brucing question. Ms. Glesne recommended the Board consider revising the ballot question to have broad language rather than specific language, so as not to limit effectiveness of the District's future spending capabilities.
The Board considered Ms. Glesne's comments and worked together with Ms. Glesne to modify the ballot question for Exhibit A.
The Board determined the ballot question (Exhibit A of Resolution No. 2023-03-01) to be as follows:
"Without imposing any next 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, for all lawful purposes (including, but not limited to, offsetting 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?"
It was moved by Ms. Doylen and seconded by Mr. Eshelman to adopt Resolution No. 2023-03-01: Amendment in Part to Resolution Authorizing an Election on the Question of Receiving and Spending All Revenues Received by the District From All Sources, Including Grants and Donations, with the modified ballot question in Exhibit A. Motion carried unanimously.
The Board thanked Ms. Glesne for attending the meeting and for her assistance in finalizing Exhibit A for Resolution No. 2023-03-01.
Ms. Glesne excused herself from the meeting at 5:54 p.m.
Adjournment
Having no further business, at 5:54 p.m. it was moved by Ms. Doylen and seconded by Mr. Eshelman to adjourn the meeting. Motion carried unanimously.