May 20, 2025 Regular Meeting

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, May 20, 2025, 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 Zoom 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, Financial Officer, at gina@utsd.org by 2:00 p.m. on May 20, 2025.

Revised Agenda

1. Call to Order.
2. Pledge of Allegiance.
3. Roll Call, Absences Excused.
4. Oaths of Office – Director Eshelman, Director Morton, Director Bosch and Director Kessler.
5. Recess to File Oaths of Office with the Larimer County Clerk of Court.
6. Election of Officers.
7. Next Meeting Date: Special Board Meeting, Tuesday, May 27, 2025.
   Regular Board Meeting, Tuesday, June 17, 2025.
8. Agenda: Correction and Approval.
9. Disclosure of Potential Conflicts of Interest.
10. 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 Zoom Chat.
11. Minutes: Correction and Approval:  Regular Board Meeting, April 15, 2025.
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. District Manager’s Report.
13. New Business and Special Orders:
    1. Consideration for Adoption: The UTSD Rules and Regulations - Revised May 2025– presented by Ms. Jurgens.
    2. Board Discussion: Water Reclamation Facility and Lift Station Improvements Project.
14. 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 regarding the status, financing, and schedule of the Water Reclamation Facility and Lift Station Improvements Project.
15. Adjournment.

Agenda

1. Call to Order.
2. Pledge of Allegiance.
3. Roll Call, Absences Excused.
4. Oaths of Office – Director Eshelman, Director Morton, Director Bosch and Director Kessler.
5. Recess to File Oaths of Office with the Larimer County Clerk of Court.
6. Election of Officers.
7. Next Meeting Date: Special Board Meeting, Tuesday, May 27, 2025.
   Regular Board Meeting, Tuesday, June 17, 2025.
8. Agenda: Correction and Approval.
9. Disclosure of Potential Conflicts of Interest.
10. 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 Zoom Chat.
11. Minutes: Correction and Approval:  Regular Board Meeting, April 15, 2025.
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. District Manager’s Report.
13. New Business and Special Orders:
    1. Consideration for Adoption: The UTSD Rules and Regulations - Revised May 2025– presented by Ms. Jurgens.
    2. Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No. 33 – presented by Ms. Moore.
    3. Board Discussion: Water Reclamation Facility and Lift Station Improvements Project.
14. 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 regarding the status, financing, and schedule of the Water Reclamation Facility and Lift Station Improvements Project.
15. 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, Ms. Suzanne Jurgens, three days before the event via email at suzanne@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 20, 2025, 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 Up_per Thompson Sanitation District, Estes Park, Colorado, was called to order at 4:01 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: 
Christopher Eshelman, Chairman 
Susan Doylen, Vice-Chairman/Secretary 
Michael Morton, Treasurer 
Kent Bosch, Assistant Treasurer/Secretary 
Andrew Kessler, Assistant Secretary/Treasurer 

Staff: 
Suzanne Jurgens, 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 (at 4:00 p.m., joined via web conference call, at 5:02 p.m., arrived at the meeting in person) 

Oaths of Office 

The May 6, 2025, election was cancelled because there were no more candidates than positions to be filled on the Board of Directors. Therefore, Directors Eshelman, Morton, Bosch, and Kessler were elected by acclamation. 

Board Vice-Chairman/Secretary, Ms. Susan Doylen, administered the Oath of Office to Mr. Christopher L. Eshelman, Mr. Michael W. Morton Sr., Mr. B. l<ent Bosch, and Mr. Andrew Justin Kessler. 

Ms. Doylen noted that Mr. Kessler's two-year term of office and Mr. Eshelman's, Mr. Morton's and Mr. Bosch's four-year terms of office will commence at this board meeting as their Oaths of Office and bonds will be filed with the Larimer County Clerk and Recorder by the District's legal counsel, CEGR Law, immediately after the Oaths of Office have been executed. 

At 4:04 p.m. the Board took an 11-minute recess. 

During the recess Mr. Eshelman's, Mr. Morton's, Mr. Bosch's, and Mr. Kessler's Oaths of Office and bonds were filed with the Larimer County Clerk and Recorder by Ms. Micki Mills, of CEGR Law. 

At 4:15 p.m. the Board reconvened. 

Election of Officers 

The Board considered election of officers. 

It was moved by Ms. Doylen and seconded by Mr. Bosch to retain all officer roles as currently exist. Motion carried unanimously. 

Next Meeting Date 

A special meeting of the Board of Directors will be held on May 27, 2025, at 4:00 p.m. A regular meeting of the Board of Directors will be held on June 17, 2025, at 4:00 p.m. 

A regular meeting of the Board of Directors will be held on June 17, 2025, at 4:00 p.m.

Approval of Revised Agenda 

The Board considered revising the Agenda. An invoice from Merrick & Company was not received; therefore, it is necessary to revise the agenda to remove item 13b: "Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No. 33". The Board discussed this agenda item deletion and noted that agenda item 13c. "Board Discussion: Water Reclamation Facility and Lift Station Improvements Project" will be moved to item 13b. 

It was moved by Ms. Doylen and seconded by Mr. Morton to approve the Revised Agenda as discussed. 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 tal<e 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. 

In attendance was Ms. Rebecca Urquhart, of 1955 Homestead Lane, Estes Parl<. 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. 

In attendance was Ms. Patti Brown, of 270 Cyteworth Road, Estes Park. Ms. Brown indicated she was observing the meeting on behalf of the Estes Valley Voice. Ms. Brown did not offer comment on a non­agenda item. 

In attendance via web conference call, was Mr. Stewart Squires, of 618 Park River Place, Estes Parl<. Mr. Squires did not offer comment on a non-agenda item. 

In attendance was Ms. Diana Franklin and her sons, Isaiah, and Sam Franl<lin, of 2314 Pine Meadow Drive. Also in attendance was Theodore Romig (son of Mr. Nathanael Romig, Collection Superintendent) of 2568B West Highway 34, Drake, Colorado. The Franklin family and Theodore Romig were observing the meeting on behalf of their Estes Park Boy Scout Troop #8 for purposes of seeing communication in action to achieve their "Communications Merit Badge". 

Approve Minutes from Prior Meeting 

The Board reviewed and discussed the Minutes of the April 15, 2025, Regular Board Meeting. 

It was moved by Ms. Doylen and seconded by Mr. Morton to approve the Minutes of the March 18, 2025, Regular Board Meeting as presented. Motion carried unanimously. 

Reports of Officers, Committees, Professional Consultants, & Staff 

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

The Board asked the staff questions regarding the departmental reports. 

The Board did not have corrections to the departmental reports. 

The Board thanked District Staff for preparing the reports. 

In addition to the Collection System Report, Mr. Romig explained the process for a trenchless point repair along Fall River. 

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, and District Manager's Report. Motion carried unanimously. 

New Business and Special Orders 

Consideration for Adoption: The UTSD Rules and Regulations - Revised May 2025- presented by Ms. Jurgens: 

Ms. Jurgens presented the updates to the District's Rules and Regulations since the last amendment to the document in February 2023. 

She stated the District began revising the Rules and Regulations in May 2023, and acknowledged that these updates have been a collaborative effort over the past two years. 

Ms. Jurgens noted that the team that participated in the revision includes herself, Mr. Bieker, Mr. Allen, Mr. Romig, Mr. Newhouse, Ms. Panzer, Ms. Moore, Ms. Mourning, District engineer Mr. Ravel, and District legal counsel, Ms. Glesne. She remarked that their unwavering commitment to this effort has been instrumental in bringing these updates to fruition. 

Ms. Jurgens explained that in general, the updates to the Rules and Regulations encompass a variety of changes, including: 

• Grammatical, Spelling, and Formatting Updates: Numerous corrections to improve the clarity and readability of the document. Format changes have been made to enhance accessibility for users of the document.
• Procedural and Process Updates: These changes reflect the latest best practices in use by the District and ensure that updated and more efficient procedures are captured and aligned across this version of the document.
• Technical Updates: Changes incorporating the current statutory law and the latest technical standards and requirements to ensure our administrative practices and operations remain in statutory compliance with laws and building codes.
• Fee Updates: Adjustments have been made to the fee structures to reflect 2025 fees approved by the Board of Directors. Additional fee updates reflect the District's cost to provide other services provided by our staff.
• Form Updates: Several forms have been updated to provide additional clarification and align information with the new customer accounts software. New forms are also included in this version of the document.
• Updated Abbreviations, Acronyms, and Definitions: These changes include standardization of terms, and addition of commonly used terms in the wastewater industry.

Ms. Jurgens noted that additional updates to the Rules and Regulations include: 

• Authority and Scope: Clarification of the authority and scope of the District's operations.
• Policy and Purpose: Updated the policy statements to align with current policies, objectives, and goals.
• Meetings and Notices: Revised the procedures for meetings and notifications to ensure transparency and compliance with legal requirements.
• Contractor Requirements: Updated the requirements for contractors working with the District to install wastewater collection facilities.
• Ownership of Facilities: Clarified the ownership and responsibilities related to District facilities.
• Easements: Updated the policies regarding the District's right of entry on District easements for inspections and maintenance.

Ms. Jurgens stated that the version of the Rules and Regulations in the board packet for this meeting does not contain several items in the appendices such as Appendix H - Resolutions, Appendix I - Standard Details, and Appendix J - The Big Thompson Watershed Boundary. Those items have not changed and will be included in the final version of the Rules and Regulations. 

Ms. Jurgens noted the resolutions in Appendix H include: 

• Resolution Regarding Management of Easements which establishes an Easement Management Policy which directs and controls the operation and maintenance of District Easements. (Dated August 20th, 2013) 
• Resolution No. 2022-12-04: A Resolution Voiding Handwritten Notes in Old Tap Agreements and Ratifying Prior Board Action. 
• Resolution No. 2024-06-01: A Resolution Voiding Handwritten Revisions and/or Strikeouts in Easement Agreements. 

She remarked that the District staff and professional engineering and legal services have meticulously reviewed each page of the document multiple times to rigorously update and enhance it in accordance with current standards, practices, and procedures. 

Ms. Jurgens also stated the District's Rules and Regulations serve as an essential resource for staff, ensuring the fair and consistent application of policies and procedures in the collection and treatment of wastewater within the District's jurisdiction. 

In conclusion, Ms. Jurgens indicated this comprehensive update to the Rules and Regulations has been a significant undertaking, and that she was proud to present the document for the Board's consideration for adoption. 

Ms. Jurgens added that upon his last review of this version of the Rules and Regulations on May 16, 2025, Mr. Ravel offered the following comment: 

"We had previously removed words such as "any" and "all" and minimized the use of statements such as " .... in accordance with these Rules and Regulations." Use of these words and phrases appear to have been added in specific locations with the recent District and legal counsel edits. 

We understand that confusion may be encountered by users by stating these specific terms in some places and not all places (e.g., does "all", "any", and " ... these Rules and Regulations ... " only apply where stated or do they apply throughout the document. .. we understand these words and phrases apply throughout and had attempted to remove to minimize confusion)." 

Ms. Jurgens invited the Board to consider Mr. Ravel's comments regarding the use of the words "any," "all," and "in accordance with these Rules and Regulations," and offer direction to staff about how those terms should be managed within the document. 

The Board expressed their appreciation for Mr. Ravel's comments and considered his recommendation to remove the words "any" and "all" from the Rules and Regulations document. The Board acknowledged that the words "any" and "all" were included in the Rules and Regulations document per legal counsel edits and decided to leave the document "as is." 

Ms. Jurgens stated that she and the staff would answer any questions the Directors may have about the revised Rules and Regulations. 

Ms. Jurgens answered questions from the Board regarding the amendments to the UTSD Rules and Regulations for 2025. 

Ms. Jurgens commended District staff for their efforts to update the rules and regulations. 

The Board thanked Ms. Jurgens and District staff for preparing and presenting the revisions to the rules and regulations. 

The Board considered the revised Rules and Regulations. 

It was moved by Ms. Doylen and seconded by Mr. Bosch to adopt the revised UTSD Rules and Regulations dated May 2025 as presented by Ms. Jurgens. Motion carried unanimously. 

Board Discussion: Water Reclamation Facility and Lift Station Improvements Project: 

Mr. Eshelman provided an update on the status of the Water Reclamation Facility and Lift Station Improvements Project, stating that the low bid received as presented was not accepted. However, the District is collaborating with the contractor and engineer to identify viable options for reducing the Project cost. Mr. Eshelman further noted that investing in engineering services to reach the 20% design level for Project modifications will result in a more accurate total Project cost estimation from the contractor. Once this figure is determined, the District can decide whether to proceed with the Project or explore alternative options. 

At 5:22 p.m., the Board took a 13-minute recess. During the recess, Ms. Patti Brown took photos of the Board with the attendees from the Estes Park Boy Scout Troop for an Estes Valley Voice publication. 

At 5:25 p.m., Ms. Moore excused herself from the remainder of the meeting. 

At 5:34 p.m., Ms. Urquhart, Ms. Brown, Mr. Squires, Ms. Franklin, Isaiah and Sam Franklin, and Nathanael and Theodore Romig excused themselves from the remainder of the meeting. 

At 5:35 p.m., the Board returned to the meeting. 

Executive Session 

At 5:35 p.m., it was moved by Ms. Doylen and seconded by Mr. Morton 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" regarding the status, financing, and schedule of the Water Reclamation Facility and Lift Station Improvements Project. Motion carried unanimously. 

The Executive Session was attended by Directors Doylen, Bosch, Eshelman, Morton and Kessler; and Ms. Jurgens, Mr. Allen, Mr. Newhouse, and Ms. Panzer. 

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 7:12 p.m. 

Return to Regular Session 

At 7:14 p.m., the Board returned to Regular Session. 

Adjournment 

Having no further business, at 7:14 p.m. it was moved by Ms. Doylen and seconded by Mr. Bosch to adjourn the meeting. Motion carried unanimously. 

Susan L. Doylen, Vice-Chairmain/Secretary

Christopher L. Eshelman, Chairman

Date: June 17, 2025