March 21, 2023 Minutes

Pursuant to C.R.S., §32-1-903, notice is hereby given to the members of the Upper Thompson Sanitation District Board of Directors and to the general public that the Board will hold its regular meeting, which is open to the public, at 4:00 p.m. on Tuesday, March 21, 2023, at the Upper Thompson Sanitation District Administrative Office, 2196 Mall Road, Estes Park, CO, 80517. Individuals who wish to address the Board via public participation may do so “in-person”, via telephone, or virtually through online participation, facilitated by the Microsoft Teams platform. Members of the public wishing to join the meeting via online or telephone participation, please email a request for the meeting link or telephone number to Ms. Gina Moore, Secretary to the Board, at gina@utsd.org by 2:00 p.m. on March 21, 2023.

Agenda

1. Call to Order.
2. Pledge of Allegiance.
3. Roll Call, Absences Excused.
4. Next Meeting Dates:
   Special Board Meeting, Tuesday, March 28, 2023, at 2:00 p.m.
   Regular Board Meeting, Tuesday, April 18, 2023, at 4:00 p.m.
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, February 21, 2023.
   Special Board Meeting, March 1, 2023.
9. New Business and Special Orders:
   1. Update: Phase II - Design of the Water Reclamation Facility and Lift Station Improvements Project – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
   2. Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No. 13, Dated March 6, 2023 – presented by Ms. Moore.
   3. Line Acceptance: Kinley Built, LLC, North Ridge Ln., Estes Park, Sections F-61-7-2-2-2 to F-61-7-2-2-3 (Includes 2 New Manholes) – presented by Mr. Romig.
   4. Discussion: Upper Thompson Sanitation District Board of Directors and Staff Leadership Workshop– 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. Adjournment.

Upper Thompson Sanitation District (District) prohibits discrimination against its customers, employees, and applicants for employment on the basis of disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, or ancestry, and in employment or in any program or activity conducted by the District. The District will make reasonable accommodation for qualified individuals with known disabilities. If any person has a disability and requires a reasonable accommodation to fully participate in this event, please contact District Manager, Mr. Chris Bieker, three days before the event via email at chris@utsd.org, or telephone at 970.586.4544, or dial 711 to connect with Relay Colorado.

Record of Proceedings

Minutes of a Regular Meeting of the Board of Directors of

Upper Thompson Sanitation District
Held: March 21, 2023, at 4:00 p.m., at the
District Office, 2196 Mall Road, Estes Park, Colorado

Call to Order

A regular meeting of the Board of Directors of the Upper Thompson Sanitation District, Estes Park, Colorado, was called to order at 4:00 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
Matt Allen, Operations Manager
Nathanael Romig, Collection Superintendent

* Henry Newhouse, Plant Superintendent
Sheryl Panzer, Customer Accounts Manager
* Naomi McCracken, Secretary Gained the meeting virtually at 4:00 p.m. and "in person" at 4:59 p.m.)

Guest:
Steve Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company

* Joined via web conference call

Next Meeting Dates

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

The next regular meeting of the Board of Directors will be held on April 18, 2023, at 4:00 p.m.

Approval of Agenda

The Board considered the Agenda.

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

Disclosure of Potential Conflicts of Interest

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

Public Forum

Mr. Reed opened the meeting for public comment.

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

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

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

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

In attendance was Mr. Stewart Squires, of 618 Park River Place, Estes Park, and Mr. Gerald (Jerry) Darmafall of 1331 Willow Lane, Estes Parle Mr. Darmafall joined the meeting at 4:27 p.m. Mr. Squires and Mr. Darmafall indicated they were attending the meeting for general interest and did not offer comment on a non-agenda item.

Approve Minutes from Prior Meetings

The Board reviewed and discussed the Minutes of the February 21, 2023, Regular Board Meeting and the March 1, 2023, Special Board Meeting.

It was moved by Ms. Doylen and seconded by Mr. Duell to approve the Minutes of the February 21, 2023, Regular Board Meeting as presented. Motion carried unanimously.

It was moved by Mr. Eshelman and seconded by Ms. Doylen to approve the Minutes of the March 1, 2023, Special 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 February 21, 2023, Regular Board Meeting:

• Overall Project:
  • Meetings were conducted with Garney Construction, Inc. (Garney) to review the Value Engineering (VE) design concepts and Garney's updates to the 60% cost opinion.
  • Garney's 60% cost opinion will be submitted following further review of the VE items, quantities, and unit costs.
  • The project design and funding efforts are on hold pending review of the VE efforts and 60% cost opinion updates.
• Fish Creek Lift Station (FCLS):
  • No update.
• Wapiti Lift Station (WLS), WLS Interceptor, and WLS Force Main:
  • The site location application Process Design Report (PDR) is under review by the CDPHE.
• Water Reclamation Facility (WRF):
  • The site location application is under review by the CDPHE.
• Larimer County:
  • Coordination is underway with Larimer County to confirm Planning Depa1tment submittal requirements for the FCLS, WLS, and WRF. A site planning submittal will be completed in the next few weeks.
• Federal Emergency Management Agency (FEMA):
  • A response was provided to FEMAs comments regarding the Conditional Letter of Map Revision (CLOMR).

Mr. Ravel highlighted Merrick & Company (Merrick) has scheduled a meeting with Garney and District staff to continue the Project value engineering efforts and to work through various cost alternatives.

Mr. Ravel stated he, Mr. Bieker, and Ms. Jurgens met with Hilltop Securities Inc. to discuss Project costs and funding. Mr. Ravel emphasized Hilltop

Securities Inc.'s expertise is highly valued for the financial planning component of the Project.

Mr. Ravel replied additional environmental testing of the material collected at the FCLS site will occur once the District receives approval from the United States Bureau of Reclamation to proceed.

Mr. Ravel answered questions of the Board.

The Board thanked Mr. Ravel for the Project update.

Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No. 13, Dated March 6, 2023 - presented by Ms. Moore:

Ms. Moore asked the Board for approval to remit payment to Merrick & Company for Invoice Number 223050 in the amount of $80,605.85. This invoice is for work performed on the Water Reclamation Facility and Lift Station Improvements Project from January 28, 2023, through February 24, 2023. Ms. Moore stated she has prepared a check for payment, and it is ready for signature at this meeting.

It was moved by Mr. Eshelman and seconded by Mr. Duell to approve payment to Merrick & Company for Invoice Number 223050 in the amount of $80,605.85. Motion carried unanimously.

Line Acceptance: Kinley Built, LLC, North Ridge Lane, Estes Park, Sections F-61-7-2-2-2 to F-61-7-2-2-3 (Includes 2 New Manholes) presented by Mr. Romig:

Mr. Romig described the Application for Sewer Line Acceptance from Kinley Built LLC, located in the area of North Ridge Lane, Estes Park. He explained the line consists of sewer main section F-61-7-2-2-2 to F-61-7-2-2-3. This section of sewer main totals approximately 224.0 linear feet in length and includes the installation of two new manholes. The sewer main is warranted and guaranteed by the Contractor, Kearney and Sons Excavating, for a period of two (2) years (ending March 16, 2024) to be free from all defects due to faulty materials or workmanship. Mr. Romig reported the sewer line section was televised, manholes were water tested, and all components have passed inspection.

The Board reviewed and discussed the application.

Mr. Romig answered questions of the Board.

It was moved by Mr. Eshelman and seconded by Ms. Doylen to accept the collection line installed by Kearney and Sons Excavating for Kinley Built LLC, at the area of North Ridge Lane in Estes Park; sections F-61-7-2-2-2 to F-61-7-2-2-3, including two new manholes. Motion carried unanimously.

Discussion: Upper Thompson Sanitation District Board of Directors and Staff Leadership Workshop - presented by Ms. Jurgens:

Ms. Jurgens stated Upper Thompson Sanitation District is facing a shifting set of challenges including:

• An election of directors, and a ballot initiative asking suppo1i to remove the revenue cap imposed by Colorado TABOR law.
• Design and construction of a new water reclamation facility and lift stations.
• Communication with District customers about why the new water reclamation facility is needed, the cost of the project, and how the project will be financed, including setting customer rates.
• The challenges and costs of continuing to operate an aging wastewater treatment facility and lift stations for several more years through commissioning of the new water reclamation facility.
• Professional development of the staff to operate and manage the new facilities and infrastructure.
• Communication with District customers and Estes Valley communities and stakeholders who are impacted by the District's future construction activities.

Ms. Jurgens emphasized the importance of District leaders, the Board of Directors, and staff, to be best-in-class to serve as a cohesive and strong governing body to manage and communicate the challenges ahead.

Ms. Jurgens referred to the 2022 Special District Annual Conference in which the firm, Leading Associations, presented a break-out session on what it means, in practice, for Board members and leadership staff to be united and engaged on key issues put before them.

Given the importance of the District's endeavors, Ms. Jurgens stated she and Mr. Bieker believe it would be beneficial to the Board of Directors and staff leaders to establish a deliberate unified scope, strengthen the team, and be strategic leaders for the future.

Ms. Jurgens noted she asked Mr. Rob Spangler of Leading Associations to lead a work session to integrate functional enhancements and advance purposeful, calibrated operations within the Board of Directors and leadership team.

Ms. Jurgens provided details of the work session saying it would be approximately 6 hours, scheduled on a weekday or Saturday, and include all the Directors and District Manager (Chris Bieker), Assistant District Manager (Suzanne Jurgens), Financial Officer (Gina Moore), and Operations Manager (Matt Allen).

Ms. Jurgens said the key areas to be addressed at the work session would include:

• Professional development - reviewing fiduciary duties, meeting management and flow, officer roles and duties, increase board member effectiveness, impact, and enjoyment.
• What it means to represent the District to the public - project a message of unity, common vision, and commitment to the Project.
• Recalibrate expectations of Board service for individuals and the Board as a whole.
• What it means in practice to be engaged on key issues put before the Board and staff and be prepared for the public to attend meetings.
• Discuss role alignment that best serves the District.
• Working toward organizational improvements such as meeting preparedness, meeting management, technology usage, interpersonal relations necessary for high functioning boards.
• Ensuring voices are heard and contributors are valued in service to the District.

Ms. Jurgens concluded by stating "we need to be on our game." Our work is for the good of the District, together the effect is stronger at the end.

Ms. Doylen expressed her suppo1i for the workshop saying this is an opportunity to develop improved communications within the Board and to learn new methods as a team that will be valuable in addressing future challenges.

Ms. Jurgens presented to the Board dates available for the workshop and asked the Board to determine a date for the work session and stated she would schedule the selected session date with Mr. Spangler.

The Board discussed the date options and selected June 27, 2023, to attend the workshop.

Reports of Officers, Committees, Professional Consultants, & Staff

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

In reference to the Treasurer's Report, Ms. Moore highlighted on February 1, 2023, $389,000 was transferred from the Bank of Colorado Money Market Account to the Colotrust Emergency Operation Reserve Account to fund three months of operating reserves per the 2023 Budget.

Ms. Moore then referred the Board to the flyer, included in the board packet, for the upcoming Special District Association (SDA) Annual Regional Workshops available in June 2023. Ms. Moore noted at this workshop a wide variety of topics will be presented including open meetings, conflicts of interests, TABOR, public records, and the 2023 legislative update. Ms. Moore asked the Board to review the workshop dates and locations to select the best option for Board and staff attendance. Ms. Moore offered she would register the District attendees once the workshop opens for registration.

The Board discussed the available dates and locations of the SDA Annual Regional Workshop and said they would email Ms. Moore confirmation to register for the Eaton location on Friday, June 16, 2023, or an alternative date and location.

At 4:41 p.m., Mr. Squires excused himself from the remainder of the meeting.

Adding to the Collection System Report, Mr. Romig reported on the Wildfire Home Sewer Main Extension Project stating the visual inspections and vacuum and pressure tests all passed. Mr. Romig explained Coyote Ridge Construction performed the testing; however, Collection staff was present to observe and ensure District regulations were met.

In addition to the Assistant District Manager's Report, Ms. Jurgens noted that Ms. Shellie Tressell of Simplicity Organizing Services is periodically reviewing and seeking various grant opportunities to support the Project. At this time, there are no new available resources applicable to the District.

Ms. Jurgens informed the Board that due to scheduling conflicts, selection of the District's Information Technology (IT) Firm is now scheduled for April 28, 2023, versus March 28, 2023.

Ms. Jurgens then updated the Board on the status of the May 2, 2023, Regular Special District Election stating eligible elector lists are being finalized and the Notice of Election will be published in the local newspapers. Ms. Jurgens referred the Board to the "Notice of Election on Referred Measures" pamphlet and explained this TABOR Notice (Notice) is a coordinated effort with the Estes Valley Fire Protection District. Ms. Jurgens said the Notice will be mailed no later than March 31, 2023, to all common households who have a registered voter within the Districts. Ms. Jurgens mentioned each District will have a separate ballot. Ms. Jurgens thanked Ms. Doylen for her effo1is in composing and submitting the Summary of Written Comments for Upper Thompson Sanitation District Ballot Issue A. Ms. Jurgens noted the Board of Directors are allowed to submit letters to the editor of the local newspapers for publication regarding the ballot initiative. Ms. Doylen suggested letters be sent to the paper just before the ballots are mailed. Ms. Doylen encouraged all to write letters to address the false presumption that UTSD is increasing taxes. Ms. Jurgens reminded the Board to check their UTSD emails regularly in order to promptly respond to any inquiries regarding the election. Ms. Doylen commended Ms. Tressell, Ms. Jurgens, and Ms. Moore for their efforts in coordinating the District's election.

Adding to the District Manager's Report, Mr. Bieker reported that Garney has appointed a new Project Manager to the WRF and Lift Station Improvements Project. Mr. Bieker stated Mr. Nick Campbell will be the new Project Manager. Mr. Bieker shared Mr. Campbell's credentials and expertise with the Board.

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. Eshelman to accept the Treasurer's Report, Plant Report, System Development Fee Allocation and Connection Report, Collection System Reports, Operations Manager's Report, Assistant District Manager's Report and District Manager's Report. Motion carried unanimously.

Adjournment

Having no further business, at 5:20 p.m. it was moved by Ms. Doylen and seconded by Mr. Duell to adjourn the meeting. Motion carried unanimously.