May 16, 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, May 16, 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 May 16, 2023.

Agenda

1. Call to Order.
2. Pledge of Allegiance.
3. Roll Call, Absences Excused.
4. Election Report – presented by Ms. Jurgens.
5. Election of Officers.
6. Next Meeting Date: Regular Board Meeting, Tuesday, June 20, 2023.
7. Agenda: Correction and Approval.
8. Disclosure of Potential Conflicts of Interest.
9. 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.
10. Minutes: Correction and Approval: Regular Board Meeting, April 18, 2023.
11. New Business and Special Orders:
    1. Discussion - Regarding the Construction Design of the New Fish Creek Lift Station - Mr. Mark Stelter, Owner of Estes Lake Lodge, LLC.
    2. 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.
    3. Board Discussion: Election and Ballot Initiative A Results.
    4. Review: Governance Letter from Anderson & Whitney PC.
12. 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.
13. 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: May 16, 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 4:04 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
Ronald I. Duell, Treasurer/ Assistant Secretary
*Kent Bosch, Assistant Secretary/Treasurer
Christopher Eshelman, Assistant Secretary/Treasurer

Staff:
Chris Bieker, District Manager
Suzanne Jurgens, Assistant District Manager
Gina Moore, Financial Officer
Matt Allen, Operations Manager
Sheryl Panzer, Customer Accounts Manager
*Naomi McCracken, Secretary (joined the meeting virtually at 4:22 p.m. and "in person" at 4:59 p.m.)

Guest:
Steve Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company
* John Kuosman, Water/Wastewater Division Leader, Merrick & Company
Krzysztof Walder, Marketing Technology Manager & Photographer, Studio Six Branding (present throughout meeting taking photos for UTSD website and media publications)

* Joined via web conference call

Election Report

Ms. Jurgens stated she is pleased to report the election results of the Upper Thompson Sanitation District's May 2, 2023, Special District Mail Ballot Election.

Ms. Jurgens referred the Board to page 2 of the board packet explaining that the election statistics are detailed on the titled document "Judges' Certificate of Mail Ballot Election Returns and Statement of Ballots".

Ms. Jurgens reported the District delivered 6,012 ballots to eligible electors via U.S. Postal service and email. On March 17, 2023, 65 of those ballots were delivered to UOCA VA (Uniformed and Overseas Citizens Absentee Voting Act) electors-16 ballots were mailed and 49 were emailed. On April 10, 2023, the remaining 5,947 ballots were mailed to eligible voters within the continental United States.

Ms. Jurgens highlighted the number of voted ballots returned to the District by 7:00 p.m. on May 2, 2023, was 2,079 which includes one UOCAVA ballot received by mail. The District received 275 returned ballots marked as undeliverable by the U.S. Postal Service. Ms. Jurgens explained two of the voted ballots were rejected because the return envelopes were not signed, and two ballots were dete1mined to be defective because they were blank.

Ms. Jurgens then reviewed the results of the votes cast for Director of the District for a 4-year term. There were 1,421 votes cast for Susan Doylen, 1,364 votes cast for Ronald I. Duell, and 619 votes cast for Gerald Darmafall. Votes cast for Director of the District for a 2-year term were 1,608 for Christopher Eshelman, who was running unopposed.

Ms. Jurgens reported to the Board the vote tally results for the ballot question, which asked voters if the District may retain and spend all revenues and other funds received from any and all sources including grants and donations for all lawful purposes. There were 1,623 votes cast in favor of the question and 423 votes cast against the question.

Ms. Jurgens stated on May 2, 2023, the election poll opened at 7:00 a.m. and was kept open continuously until the hour of 7:00 p.m. The ballots were processed by five election judges who were qualified by attending election judge training and swearing and subscribing to their Oaths of Office. The ballots were counted by the judges on election day and the results were certified after 7:00 p.m. upon execution of the form titled Judges' Certificate of Mail Ballot Election Returns and Statement of Ballots. Ballots from UOCA VA electors were accepted and counted through the close of business on May 10, 2023; however, the District did not receive additional ballots from those voters after May 2, 2023.

Ms. Jurgens then described the Canvass Board, which was herself as the Designated Election Official, one member of the Board of Directors, who was Mr. Jack Reed, and eligible elector, Ms. Susan Harris. The Canvass Board convened on May 15, 2023, to survey the election returns and verify the accuracy of the official statement of ballots for all candidates and the ballot question. Upon reviewing the election documents, the Canvass Board executed the Certificate of Determination of Official Election Results for the Regular Election held May 2, 2023, for the Upper Thompson Sanitation District.

Ms. Jurgens informed the Board that on May 15, 2023, the Certificate of Determination of Official Election Results was submitted to the Division of Local Government and emailed to Directors Doylen, Duell, and Eshelman.

Also on May 15, 2023, following the certification of election results, those elected to serve as a Director of the Board, Ms. Doylen, Mr. Duell, and Mr. Eshelman took Oath of Office, which was administered by Board Chairman, Mr. Jack Reed.

Ms. Jurgens stated Ms. Moore filed the Oaths of Office with the Larimer County Clerk on May 15, 2023, and will file the Oaths of Office and surety bond with the Clerk of the District Court and Division of Local Government. Having filed the Oaths of Office with the Larimer County Clerk, the newly elected Directors may vote at this board meeting proceeding with election of officers.

Ms. Jurgens said Mr. Bieker issued a letter of appreciation to the District's electors which was published in the May 12, 2023, editions of the Estes Park News and Trail Gazette.

Ms. Jurgens stated the District extends sincere gratitude to many people who worked on the District's election including:

• The Board of Directors for creating an excellent ballot question.
• The candidates who ran for election.
• The UTSD staff - especially Ms. Gina Moore, Ms. Sheryl Panzer, Ms. Naomi McCracken, and Mr. Chris Bieker.
• Ms. Shellie Tressell of Simplicity Organizing Services, Inc.
• The team from CEGR Law- Ms. Micki Mills, Ms. Linda Glesne, and Ms. Sarah Luetjen.
• The team from GBSM - Alana Plaus and Janine Hahn.
• The election judges Ms. Karen Dilka, Ms. Lori Hendrickson, Mr. Dennis Hoshiko, Ms. Sally Park, and Mr. Ron Norris.
• Ms. Erika Goetz, Chief of Staff of the Estes Valley Fire Protection District.
• Ann Cline and the team from Runbeck Election Services and Kevin Timken and the team from SmartMailNow.
• Mr. Steve Ravel and Merrick & Company.
• Ms. Kim Crawford of Butler Snow LLP.
• The League of Women Voters.
• The Estes Park News.
• Electors of the Upper Thompson Sanitation District.

Ms. Jurgens and Ms. Moore answered questions of the Board regarding the cost of the 2023 election.

The Board commended Ms. Jurgens, Mr. Bieker, Ms. Moore, Ms. Ponzer, Ms. McCracken, and Ms. Tressell of Simplicity Organizing Services, Inc., for their efforts organizing and participating in the District's 2023 Regular Election.

Election of Officers

Ms. Jurgens stated included in the board packet is an article from the Special District Association titled "A Quick Refresher on Officers of the Board" which outlines the duties of the officers.

Ms. Jurgens encouraged the Board to discuss the roles and duties of each position as appointments are made.

Ms. Jurgens suggested in addition to appointing a Chairman, Secretary, and Treasurer, and in order to conduct uninterrupted business in the absence of a particular officer, staff desires for the Board to appoint a Vice-Chairman, Assistant Secretary, and Assistant Treasurer. Ms. Jurgens explained each Director may serve multiple officer roles.

The Board reviewed the Special District Association article included in the board packet pertaining to duties of each officer of the board.

The Board considered election of officers.

It was moved by Mr. Duell and seconded by Mr. Eshelman to nominate Mr. Reed as Chairman. Motion carried unanimously.

It was moved by Mr. Reed and seconded by Mr. Duell to nominate Ms. Doylen as Vice-Chairman/Secretary. Motion carried unanimously.

It was moved by Mr. Reed and seconded by Mr. Eshelman to nominate Mr. Duell as Treasurer/Assistant Secretary. Motion carried unanimously.

It was moved by Mr. Reed and seconded by Mr. Duell to nominate Mr. Bosch as Assistant Secretary/Treasurer. Motion carried unanimously.

It was moved by Ms. Doylen and seconded by Mr. Duell to nominate Mr. Eshelman as Assistant Secretary/Treasurer. Motion carried unanimously.

Mr. Reed noted that Officer appointments will be effective at this board meeting.

Next Meeting Date

The next regular meeting of the Board of Directors will be held on June 20, 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. Two members of the public joined the meeting in person.

In attendance via web conference call, was Mr. Stewart Squires, of 618 Park River Place, Estes Park, and Mr. Gerald (Jerry) Darmafall of 1331 Willow Lane, Estes Parle In attendance was Ms. Rebecca Urquhart, of 1955 Homestead Lane, Estes Park, and Mr. Mark Stelter, Owner of Estes Lake Lodge LLC, 1850 North Saint Vrain Avenue, Estes Park. Ms. Urquhart indicated she is observing the meeting on behalf of the League of Women Voters. Mr. Stelter indicated he is attending the meeting to share his concerns with the Board regarding the proposed Fish Creek Lift Station. Mr. Squires, Mr. Darmafall, Ms. Urquhart, and Mr. Stelter did not offer comment on a non-agenda item.

Approve Minutes from Prior Meeting

The Board reviewed and discussed the Minutes of the April 18, 2023, Regular Board Meeting.

It was moved by Mr. Eshelman and seconded by Mr. Duell to approve the Minutes of the April 18, 2023; Regular Board Meeting as presented. Motion carried unanimously.

New Business and Special Orders

Discussion Regarding the Construction Design of the New Fish Creek Lift Station - Mr. Mark Stelter, Owner of Estes Lake Lodge LLC, 1850 North Saint Vrain Avenue, Estes Park:

Mr. Stelter stated his name and address, 1241 High Drive, Estes Park, Colorado.

In regard to the proposed Fish Creek Lift Station (FCLS) site plan, Mr. Stelter stated as the Owner of Estes Lake Lodge LLC and citizen of Estes Park, he would ask the Board to carefully consider the design of the FCLS to be aesthetically appealing. Specifically, Mr. Stelter requested the Board evaluate the design to ensure the views from his property are not obtrusive to his lodging guests. Mr. Stelter expressed his concern related to the potential value of his property decreasing if the views are obstructed by the FCLS.

Mr. Stelter then offered to the Board a proposed easement off Highway 36 to his property.

The Board thanked Mr. Stelter for his concerns and stated they have and will continue to take his comments into consideration as the FCLS design progresses.

At 4:36 p.m., Mr. Stelter excused himself from the remainder of the meeting.

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 April 18, 2023, Regular Board Meeting:

• Overall Project:
  • Meetings were conducted with the District and Garney Construction, Inc. (Garney) to review the Project's next steps.
  • Meetings were conducted with the District to review project financing and funding opportunities.
  • The Project design and funding efforts were re-initiated following discussions with the District and Garney.
  • Value Engineering (VE) confirmation meetings were conducted the week of May 1, 2023, and May 8, 2023.
  • A credit rating presentation is scheduled for May 25, 2023. The results of the credit rating presentation are expected in late May/early June and will support next steps with WIFIA (Water Infrastructure Finance and Innovation Act) and the CWRPDA (Colorado Water Resources and Power Development Authority) regarding a State Revolving Fund (SRF) loan application.
  • The CWRPDA loan application is due on June 15, 2023. Other funding sources, including WIFIA, are required to be in place by June 15, 2023, for consideration by the CWRPDA. The next loan application date is January 15, 2024.
  • An updated project schedule including permitting, financing, and design considerations has been developed for completion of the project.
• Wapiti Lift Station (WLS), WLS Interceptor, and WLS Force Main:
  • The site location application Process Design Report (PDR) is under review by the Colorado Department of Public Health and Environment (CDPHE).
• Water Reclamation Facility (WRF):
  • The site location application is under review by the CDPHE. The CDPHE has not committed to a completion date.
  • A VE discussion regarding the Operations Building was conducted on May 3, 2023.
• Larimer County:
  • The WRF site plan submittal was submitted to Larimer County on May 4, 2023, for Larimer County to begin the review process.
  • Larimer County released public notification letters for the final WRF site FEMA Conditional Letter of Map Revision (CLOMR).
  • Larimer County will consider the WRF site Re-Zoning Application at the June 21, 2023, Planning Commission meeting.

Mr. Ravel addressed concerns of the Board regarding the CDPHE's delayed approval of the WRF site location application.

Mr. Bieker reported he recently spoke with the District's CDPHE contact, Ms. Michelle Dalaria, Permits Section Unit 2 Manager. Mr. Bieker relayed Ms. Dalaria informed him of staff changes and shortages within CDPHE and that her department is "doing the best they can." Mr. Bieker stated he will contact Ms. Dalaria again to follow up on the review status of the site location application.

The Board thanked Mr. Ravel for the Project update.

Mr. Squires excused himself from the remainder of the meeting at 4:51 p.m.

Board Discussion: Election and Ballot Initiative A Results:

The Board expressed their sincere gratitude to the District's electors for understanding and voting in favor of Ballot Initiative A, allowing the District to retain and spend all revenues and other funds received from any and all sources including grants and donations for all lawful purposes. The Board stated this response from the voters allows the District to be more flexible in pursuing financial resources for the upcoming Project.

The Board also discussed how the election was an opportunity to communicate and increase awareness in the Estes Valley community that the District generates revenue from user fees and not from a mill levy.

Mr. Bieker stated during the election, the District did have to overcome the Trail Gazette inaccurately reporting that the District is a taxing entity. Mr. Bieker noted that the Trail Gazette was asked to publish a correction; however, this has not yet been done.

Review: Governance Letter from Anderson & Whitney PC:

Ms. Moore reported to the Board that the District's annual audit by firm, Anderson & Whitney, started on May 15, 2023. Ms. Moore explained there is a new auditing standard requiring a governance letter be issued to the Board of Directors from Anderson & Whitney. This letter, included in the board packet, details the importance of communication between the Board and Anderson & Whitney, independence policies and procedures, audit planning process, concept of materiality in planning and executing the audit, risk assessment of material misstatement, internal control review, and timing of the 2023 audit.

Ms. Moore informed the Board that the anticipated completion date of the audit is mid -July 2023.

The Board reviewed and discussed the governance letter, and no Board action was necessary.

The Board thanked Ms. Moore for presenting the governance letter.

Reports of Officers, Committees, Professional Consultants, & Staff

Regarding department reports, Ms. Jurgens stated that moving forward the Board of Directors may ask questions of any staff member regarding their reports; however, each staff member will only present additional information that was not included in their board packet report. Ms. Jurgens explained this change is for the purpose of time efficiency.

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

Mr. Allen answered questions of the Board regarding inflow and infiltration from the recent rainfall.

In addition to the Assistant District Manager's Rep01i, Ms. Jurgens informed the Board that the District participated in the annual Estes Park Public Safety Fair held on Saturday, May 13, 2023. Ms. Jurgens reported the event was well attended and an opportunity for public outreach efforts. Ms. Jurgens thanked the Collection staff including Mr. Romig, Mr. Johnson, and Mr. Hanison for working at the safety fair and thanked Ms. McCracken and Mr. Romig for organizing the District's participation at the event.

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 Mr. Eshelman 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.

Adjournment

Having no further business, at 5:16 p.m. it was moved by Ms. Doylen and seconded by Mr. Eshelman to adjourn the meeting. Motion carried unanimously.