September 19, 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 a special meeting/study session, which is open to the public, at 8:30 a.m. to 3:00 p.m. on Tuesday, June 27, 2023, at the Quality Inn Conference Room, 2nd Floor/East Side of Main Building, 1450 Big Thompson Avenue, Estes Park, CO, 80517. Individuals who wish to address the Board via public participation may do so “in-person” at the meeting. Members of the public wishing to join the meeting, please notify Ms. Gina Moore, Secretary to the Board, at gina@utsd.org by 2:00 p.m. on June 26, 2023.

Revised Agenda (Second Revision)

Call to Order.
Roll Call, Absences Excused.
Pledge of Allegiance.
Next Meeting Date: Special Board Meeting, Tuesday, October 10, 2023
Regular Board Meeting, Tuesday, October 17, 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.
Minutes: Correction and Approval: Regular Board Meeting, August 15, 2023.
New Business and Special Orders:
1. Update: Phase II - Design of the Water Reclamation Facility (WRF) and Lift Station Improvements Project – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
2. Consideration of WRF and Lift Station Improvements Project Next Steps – facilitated by Mr. Ravel, P. E., Water/Wastewater Project Manager, and Mr. Kuosman, Water/Wastewater Division Leader, Merrick & Company.
3. Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No.16, Dated August 15, 2023, and Application for Payment No. 17, Dated September 11, 2023 – presented by Ms. Moore.
4. Update: Initiatives for the legislative and financial benefits of the District – presented by Ms. Doylen.
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.
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.

Revised Agenda

Call to Order.
Roll Call, Absences Excused.
Pledge of Allegiance.
Next Meeting Date: Special Board Meeting, Tuesday, October 10, 2023
Regular Board Meeting, Tuesday, October 17, 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.
Minutes: Correction and Approval: Regular Board Meeting, August 15, 2023.
New Business and Special Orders:
1. Update: Phase II - Design of the Water Reclamation Facility (WRF) and Lift Station Improvements Project – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
2. Consideration of WRF and Lift Station Improvements Project Next Steps – facilitated by Mr. Ravel, P. E., Water/Wastewater Project Manager, and Mr. Kuosman, Water/Wastewater Division Leader, Merrick & Company.
3. Request for Approval: WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No.16, Dated August 15, 2023, and Application for Payment No. 17, Dated September 11, 2023 – presented by Ms. Moore.
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.
Adjournment.

Agenda

Call to Order.
Roll Call, Absences Excused.
Pledge of Allegiance.
Next Meeting Date: Special Board Meeting, Tuesday, October 10, 2023
Regular Board Meeting, Tuesday, October 17, 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.
Minutes: Correction and Approval: Regular Board Meeting, August 15, 2023.
New Business and Special Orders:
1. Update: Phase II - Design of the Water Reclamation Facility (WRF) 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.16, Dated August 15, 2023, and Application for Payment No. 17, Dated September 11, 2023 – presented by Ms. Moore.
3. Consideration of WRF and Lift Station Improvements Project Next Steps – facilitated by Mr. Ravel, P. E., Water/Wastewater Project Manager, and Mr. Kuosman, Water/Wastewater Division Leader, Merrick & Company.
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.
Adjournment.

Record of Proceedings

Minutes of a Regular Meeting of the Board of Directors of

Upper Thompson Sanitation District
Held: September 19, 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:

Attendance

Board of Directors:
Jack Reed, Chairman
Susan Doylen, Vice-Chairman/Secretary
Ronald I. Duell, Treasurer/Assistant Secretary
*Kent Bosch, Assistant Secretary/Treasurer (joined the meeting at 5:19 p.m.)
Christopher Eshelman, Assistant Secretary/Treasurer

Staff:
Chris Bieker, District Manager
Suzanne Jurgens, Assistant District Manager
Gina Moore, Financial Officer
Matt Allen, Operations Manager
Nathanael Romig, Collection Superintendent
Sheryl Panzer, Customer Accounts Manager

Guests:
Steve Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company *
John Kuosman, Water/Wastewater Division Leader, Merrick & Company

* Joined via web conference call

Pledge of Allegiance

The Pledge of Allegiance was recited.

Next Meeting Dates

A special meeting of the Board of Directors will be held on October 10, 2023, at 4:00 p.m.

The next regular meeting of the Board of Directors will be held on October 17, 2023, at 4:00 p.m.

Approval of Agenda

The Board considered the Revised Agenda. Ms. Doylen requested to make a second revision to the Revised Agenda by adding agenda item 9d. "Update on initiatives for the legislative and financial benefits of the District".

It was moved by Mr. Eshelman and seconded by Ms. Doylen to approve the Revised Agenda as amended with the addition of item 9d. 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. At 4:48 p.m., Mr. Gerald (Jerry) Darmafall of 1331 Willow Lane, Estes Park, joined the meeting via web conference call. In attendance was Ms. Linda Bieker, of 2055 Siskin Drive, Estes Park and Ms. Lydia Leroy of 480 Upper Larkspur Road, Estes Park. Mr. Squires, Mr. Darmafall, Ms. Bieker, and Ms. Leroy did not offer comment on a non-agenda item.

Approve Minutes from Prior Meetings

The Board reviewed and discussed the Minutes of the August 15, 2023, Regular Board Meeting. It was moved by Ms. Doylen and seconded by Mr. Eshelman to approve the Minutes of the August 15, 2023; Regular 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 August 15, 2023, Regular Board Meeting:

Overall Project:
- Meetings were conducted with the District and Garney Construction to review the project.
- Meetings were conducted with the District to review project financing and funding opportunities.
- Coordination was conducted with the Colorado Department of Public Health and Environment (CDPHE) regarding issuance of the WRF site location application. The CDPHE indicated on September 5, 2023, that a decision regarding the site location application is anticipated by September 16, 2023.
- The EPA's Water Infrastructure Finance and Innovation Act (WIFIA) letter of August 23, 2023, noted that the District has been selected to submit a WIFIA loan application. The District is invited to apply for a loan for up to $57 million and not to exceed 80 percent of total eligible project costs.
- EPA has administratively reserved funding for the project and will hold the funding if EPA receives the District's loan application by September 30, 2024. The District may request an increase in the loan amount during the loan application process. A WIFIA kickoff meeting was held on August 31, 2023, to discuss details of the program and next steps for the loan application process.
- A meeting was held with the Colorado Water Resources and Power Development Authority (CWRPDA) and the Colorado Department of Public Health and Environment (CDPHE) on September 5, 2023, to discuss State Revolving Fund (SRF) loan coordination. The CWRPDA is limited to a maximum of $18 million per project. The CWRPDA will not commit to a total project funding amount until the loan application is received. Loan applications are due on January 5, 2024.
- An updated project schedule including permitting, financing, and design considerations will be further developed for completion of the project following a decision from the District to proceed with the WIFIA loan application and authorization to proceed with final design.
- The draft Environmental Assessment (EA) report was submitted to the US Bureau of Reclamation (USSR) for review and coordination of next steps. The USSR has indicated that the USSR will be the lead environmental regulatory agency for the project.
Fish Creek Lift Station (FCLS), Wapiti Lift Station (WLS), WLS Interceptor, and WLS Force Main:
- The site location application Process Design Report (PDR) for the WLS is under review by the CDPHE.
Water Reclamation Facility (WRF):
- The Town of Estes Park received proposals for a Mall Road Water Main extension on September 8, 2023. Coordination with the Town regarding the WRF water supply will continue through final design.
Larimer County and Estes Valley Planning Advisory Committee:
- The WRF site plan submittal is under review by Larimer County.

Mr. Ravel highlighted that the issuance of the WRF site location approval is delayed. Mr. Ravel explained that State of Colorado District Engineer, Mr. Paul Kim, is reviewing the preliminary effluent limits issued by CDPHE for the District and has determined that the limit for arsenic is too low for the District to monitor. Mr. Ravel relayed that Mr. Kim is working with the Water Quality Control Division to understand and resolve this issue. Mr. Ravel stated once the site location application is approved the next step is to submit an application to CDPHE for facility design approval of the Project.

Mr. Ravel reported that a meeting is scheduled with the USBR on September 20, 2023, for an update on their review of the draft Environmental Assessment.

Mr. Ravel stated that a $25,000 application fee is required with the submittal of the WIFIA loan application.

Mr. Ravel then explained current developments pertaining to the State Revolving Fund (SRF) program, specifically the limitations and restrictions of funding and other bridge type loans available. He explained the District will submit an application to SRF to determine if the Project is selected to receive funding from that program. The District's application is due on January 5, 2024.

Mr. Kuosman provided the following comment in the Team's Platform chat: "Getting approval for funding from WIFIA is a significant milestone, especially with all the uncertainty around SRF funding. The Board's (and staff's) steadfast commitment to exploring fiscally responsible approaches (in the midst of unprecedented change) is worth acknowledging. UTSD's choice to pursue WIFIA has strategically positioned the District ahead of other communities who are relying solely on SRF dollars to reinvigorate critical infrastructure."

Mr. Ravel answered questions of the Board regarding preliminary effluent limits, contacts the District is working with at the USBR, and the flexibility and structure of a WIFIA loan.

The Board thanked Mr. Ravel for the Project update.

Consideration of WRF and Lift Station Improvements Project Next Steps - facilitated by Mr. Ravel, PE, Water/Wastewater Project Manager, and Mr. Kuosman, Water/Wastewater Division Leader, Merrick & Company:

Mr. Ravel reiterated that the next step to move forward with the Project is to submit the WIFIA loan application and required $25,000 application fee.

The Board discussed and agreed that submitting the WIFIA loan application and fee is appropriate to proceed with the Project.

It was moved by Mr. Eshelman and seconded by Ms. Doylen for the District to proceed with submitting the WIFIA loan application and $25,000 application fee. Motion carried unanimously.

The Board thanked Mr. Ravel for facilitating the Board discussion and consideration of the Project next steps.

At 4:43 p.m., Mr. Squires excused himself from the remainder of the meeting.

Request for Approval

WRF and Lift Station Improvements Project, Merrick & Company, Application for Payment No. 16, Dated August 15, 2023, and Application for Payment No. 17, Dated September 11, 2023 - presented by Ms. Moore:

Ms. Moore asked the Board for approval to remit payment to Merrick & Company for two invoices received by the District: Invoice Number 10028255 in the amount of $32,442.82 and Invoice Number 10039468 in the amount of $5,895.67. Invoice Number 10028255 is for work performed on the Water Reclamation Facility and Lift Station Improvements Project from May 27, 2023, through July 28, 2023. Invoice Number 10039468 is for work performed on the Project from July 29, 2023, through August 25, 2023. Ms. Moore stated she has prepared a check for each payment, and they are ready for signatures at this meeting.

It was moved by Mr. Eshelman and seconded by Ms. Doylen to approve payment to Merrick & Company for Invoice Number 10028255 in the amount of $32,442.82. Motion carried unanimously.

It was moved by Ms. Doylen and seconded by Mr. Eshelman to approve payment to Merrick & Company for Invoice Number 10039468 in the amount of $5,895.67. Motion carried unanimously.

Update:

Initiatives for the Legislative and Financial Benefits of the District - presented by Ms. Doylen:

Ms. Doylen stated over the past three years she has written and sent letters to State of Colorado congressmen including Senator John Hickenlooper, Senator Michael Bennet, and Representative Joe Neg use on behalf of the District seeking financial assistance and grant funds to be used for the Project. Ms. Doylen reported that on September 10, 2023, she received a reply letter from Senator Michael Bennet stating he had shared her letter with his policy staff.

Ms. Doylen referred her fellow Directors to handouts she provided including her letter, supplemental information from the Council of Infrastructure Financing Authorities, and Mr. Bennet's reply letter.

Ms. Doylen then requested support from her fellow Directors to submit a letter on behalf of the entire Board to the National Special Districts Coalition (NSDC) in support of their mission to define "special district" under federal law, with the primary objective to enhance special districts' access to federally funded programs and other funding opportunities.

The Board thanked Ms. Doylen for her time and efforts and expressed their support for her to send a letter to the NSDC.

Mr. Kuosman provided the following comment in the Team's Platform chat: "Sue's ambassadorship with State Representatives is commendable."

Reports of Officers, Committees, Professional Consultants, & Staff

District staff thanked the Board for the opportunity to attend the Special District Association Conference. Ms. Doylen commended Ms. Jurgens, Mr. Allen, and Mr. Ravel for their excellent presentation at the conference pertaining to the District's processes to review rules and regulations. Ms. Doylen highlighted that their presentation offered various perspectives to the evaluation of rules and regulations, including field, engineering, and administrative. Mr. Reed and Ms. Doylen reported the presentation was well attended and received. Ms. Doylen commented that she is proud to be a part of the UTSD organization. The Board discussed the value of the Board and staff attending the annual SDA Conference.

Adding to the Assistant District Manager's Report, Ms. Jurgens announced that on September 23, 2023, Mr. Newhouse will have served the District for ten years. Ms. Jurgens acknowledged the value Mr. Newhouse brings to the District as the Plant Superintendent.

Ms. Jurgens then reported to the Board that the District is a recipient of a $5,000 grant from the Statewide Internet Portal Authority's (SIPA's) 2023 Micro-Grant Program. Ms. Jurgens stated the grant is for the purpose of bringing the UTSD website into full compliance, in accordance with Colorado House Bill 21-1110, to make it accessible for those with disabilities. Ms. Jurgens explained that SIPA received 141 applications from Colorado governments across the State and only 35 of those applications were approved for the grant. Ms. Jurgens informed the Board that the District was invited to the Grant Award Ceremony on September 20, 2023, from 5:00 to 6:00 p.m. at the Ralph L. Carr Judicial Center in Denver, Colorado, to accept the grant. Ms. Jurgens stated she and Mr. Bieker plan to attend this award ceremony. Ms. Jurgens then expressed her appreciation for Ms. Shellie Tressel of Simplicity Organizing Services for preparing the grant application and Ms. Tricia Coberly of CobWeb Creations for encouraging the district to apply for the SIPA Micro-Grant.

In Lieu of the District Manager's Report, Mr. Bieker presented a proclamation to Mr. Steve Ravel for his dedicated service to the District over the past seventeen years. Mr. Bieker stated Mr. Ravel has not only exhibited exemplary leadership but also has consistently gone above and beyond in his engineering and consulting duties, leaving an indelible mark on the District. Mr. Bieker continued saying that Mr. Ravel is adept at accepting new challenges in an ever-changing environmental and professional landscape. Mr. Bieker recognized Mr. Ravel for his exceptional contributions in ensuring the sanitation needs of the Estes Valley community are met with excellence. Mr. Bieker highlighted Mr. Ravel's expertise, professionalism, and unfailing commitment to the District. Mr. Bieker then asked the Board, staff, and public attendees of the meeting to welcome Mr. Ravel to the podium. Mr. Bieker then recited the prepared Proclamation. A plaque and gift were then presented to Mr. Ravel in appreciation of his dedicated service.

The Board and District staff concurred with Mr. Bieker that Mr. Ravel has been an outstanding contributor to the District. The Board and staff expressed their heartfelt appreciation and gratitude for all of Mr. Ravel's efforts on behalf of the District over the years.

Mr. Kuosman provided the following comment in the Team's platform chat: "I am constantly humbled by his steadfast commitment to serving UTSD! It is truly my humble privilege to be his colleague. He inspires me in ways that no other colleague ever has."

Mr. Ravel stated it has been an honor to work with the District over the years and he appreciates the proclamation, gift, and all the comments from the Board and staff.

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

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

Adjournment

Having no further business, at 5:37 p.m. it was moved by Ms. Doylen and seconded by Mr. Duell to adjourn the meeting. Motion carried unanimously.