March 28, 2023 Minutes

Notice of Special Meeting

Public notice is hereby given that a special meeting of the Board of Directors of Upper Thompson Sanitation District, Larimer County, Colorado, will be held on Tuesday, the 28th day of March, 2023, at 2:00 p.m. This will be an in-person meeting with the option to join virtually either by telephone (conference call-in) or online via the Microsoft Teams platform. At this meeting, in Executive Session, the Board will consider the cost estimate for the Water Reclamation Facility and Lift Station Improvements Project.

The meeting will be conducted both in-person and virtually to facilitate attendance of of the Board, UTSD staff, and the public. However, the Executive Session is a closed session and not open to the public. To join by telephone (conference call-in) or online, through Microsoft Teams, please email a request for the meeting link or telephone number to Ms. Gina Moore, Secretary to the Board, at gina@utsd.org by 12:00 p.m. on March 28, 2023.

Comments regarding these matters may be emailed to chris@utsd.org, delivered to the District’s Administration office, or mailed to the District Manager at P.O. Box 568, Estes Park, Colorado 80517. Questions or requests for additional information may be directed to the District Manager at 970.586.4544.

I hereby certify that a copy of the foregoing Notice of Special Meeting was, posted at least twenty-four (24) hours prior to the meeting on the Upper Thompson Sanitation District website and at the District Administration Office at 2196 Mall Road, Estes Park, Colorado.

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.

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 2:00 p.m. on Tuesday, March 28, 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 12:00 p.m. on March 28, 2023.

Agenda

1. Call to Order.
2. Pledge of Allegiance.
3. Roll Call, Absences Excused.
4. Next Meeting Date: 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 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.
8. 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 cost estimate for the Water Reclamation Facility and Lift Station Improvements Project.
9. 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 Special Meeting of the Board of Directors of

Upper Thompson Sanitation District
Held: March 28, 2023, at 2:00 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 2:02 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:

The Pledge of Allegiance was recited.

Board of Directors:
Jack Reed, Chairman
*Kent Bosch, Assistant Secretary/Treasurer
Ronald I. Duell, Treasurer/ Assistant Secretary
Christopher Eshelman, Director

Absent:
It was moved by Mr. Duell and seconded by Mr. Eshelman to excuse the absence of Director Doylen. 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
Henry Newhouse, Plant Superintendent

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.
Nick Campbell, Project Manager, Garney Construction, Inc.

* Joined via web conference call

Next Meeting Dates

A special meeting of the Board of Directors will be held on April 4, 2023, at 4:30 p.m.

The next regular meeting of the Board of Directors will be held on April 18, 2023.

Approval of Agenda

The Board considered the Agenda.

It was moved by Mr. Eshelman and seconded by Mr. Duell 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 eve1y 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.

Executive Session

At 2:05 p.m., it was moved by Mr. Eshelman and seconded by Mr. Duell 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 cost estimate for the Water Reclamation Facility and Lift Station Improvements Project." Motion carried unanimously.

The Executive Session was attended by Directors Reed, Bosch, Duell and Eshelman; Mr. Bieker, Ms. Jurgens, Ms. Moore, Mr. Allen, Mr. Romig, and Mr. Newhouse; Mr. Ravel and Mr. Kuosman, and Mr. Wampler and Mr. Campbell.

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 4:47 p.m.

At 4:48 p.m., the Board returned to regular session.

The Board directed District staff to schedule a special board meeting on Tuesday April 4, 2023, at 4:30 p.m. This special board meeting will include an 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 cost estimate for the Water Reclamation Facility and Lift Station Improvements Project."

Adjournment

Having no further business, at 4:48 p.m. it was moved by Mr. Eshelman and seconded by Mr. Duell to adjourn the meeting. Motion carried unanimously.