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September 20, 2022 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, September 20, 2022, 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 September 20, 2022.

Revised Agenda

  1. Call to Order.
  2. Pledge of Allegiance.
  3. Roll Call, Absences Excused.
  4. Next Meeting Date - Special Board Meeting, Wednesday, October 12, 2022; Regular Board Meeting, Tuesday, October 18, 2022
  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. Minutes: Correction and Approval: Regular Board Meeting, August 16, 2022; Special Board Meeting, August 31, 2022
  9. New Business and Special Orders:
    1. Update: Phase II - Design of the Water Reclamation Facility, Lift Stations, and Interceptors Improvements Project – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
    2. Consideration of Increasing UTSD’s 2023 System Development Fee - presented by Ms. Jurgens.
    3. Request for Approval: Additional capital expenditure funded from Capital Contingency Account for UTSD Treatment Plant roof repair – presented by Mr. Bieker.
  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. Executive Session: §24-6-402(4)(a), C.R.S., Concerning the purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest related to property acquisition for the proposed new Fish Creek Lift Station.
  12. 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 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.

Agenda

  1. Call to Order.
  2. Pledge of Allegiance.
  3. Roll Call, Absences Excused.
  4. Next Meeting Date - Special Board Meeting, Wednesday, October 12, 2022; Regular Board Meeting, Tuesday, October 18, 2022
  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. Minutes: Correction and Approval: Regular Board Meeting, August 16, 2022; Special Board Meeting, August 31, 2022
  9. New Business and Special Orders:
    1. Update: Phase II - Design of the Water Reclamation Facility, Lift Stations, and Interceptors Improvements Project – presented by Mr. Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company.
    2. Consideration of Increasing UTSD’s 2023 System Development Fee - presented by Ms. Jurgens.
    3. Request for Approval: Additional capital expenditure funded from Capital Contingency Account for UTSD Treatment Plant roof repair – presented by Mr. Bieker.
  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 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.

Record of Proceedings

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
Ronald I. Duell, Treasurer/ Assistant Secretary 
Kent Bosch, Assistant Secretary/Treasurer
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 Ponzer, Customer Accounts Manager
*Naomi McCracken, Secretary

Invited Guests:
* Steve Ravel, P.E., Water/Wastewater Project Manager, Merrick & Company
* John Kuosman, Water/Wastewater Division Leader, Merrick & Company
* Joined via web conference call

Next Meeting Date

A special meeting of the Board of Directors will be held on October 12, 2022, and the next regular meeting of the Board of Directors will be held on October 18, 2022.

Approval of Agenda

The Board Considered the Agenda.

The Board discussed adding an Executive Session before adjourning the meeting, as item 11, regarding the site location of the proposed new Fish Creek Lift Station.

It was moved by Ms. Doylen and seconded by Mr. Bosch to revise the agenda to include an Executive Session: §24-6-402(4)(a), C.R.S., Concerning the purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest related to property acquisition for the proposed new Fish Creek Lift Station. 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.

Ms. Doylen 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. She 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, Ms. Doylen 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.

One member of the public joined the meeting.

In attendance was Mr. Mark Stelter, Owner of Estes Lake Lodge LLC, 1850 North Saint Vrain Avenue, Estes Parle Mr. Stelter indicated he is attending the meeting to share his concerns with the Board regarding the proposed Fish Creek Lift Station. 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 August 16, 2022, Regular Board Meeting.

It was moved by Mr. Eshelman and seconded by Mr. Duell to approve the Minutes of the August 16, 2022; Regular Board Meeting as presented. Motion carried unanimously.

The Board reviewed and discussed the Minutes of the August 31, 2022, Special Board Meeting.

It was moved by Ms. Doylen and seconded by Mr. Bosch to approve the Minutes of the August 31, 2022; Special Board Meeting as presented. Motion carried unanimously.

New Business and Special Orders

Update: Phase II-Design of the New Water Reclamation Facility and Lift Station Improvements Project - presented by Mr. Ravel, PE, Water/Wastewater Project Manager, Merrick & Company:

Regarding the design of the New Water Reclamation Facility, Lift Station, and Interceptor Improvements Project (Project), Mr. Ravel noted the following updates following the August 16, 2022, Regular Board Meeting:

  • Fish Creek Lift Station (FCLS):
    • An additional in-person 30% design review meeting was conducted with the District and the CMAR. Decisions from the meeting were added to the Decision Log.
    • The District eliminated coarse screening at the FCLS and added coarse screening at the headworks. The elimination of coarse screening at the FCLS reduces lift station cost and complexity and allows for screening to occur at the water reclamation facility (WRF).
    • The FCLS design drawings will be updated based on the decision to eliminate coarse screening.
    • The site location application process design report (PDR) was submitted to the review agencies for comment. Following review and discussion with the North Front Range Water Quality Planning Associations (NFRWQP A) the site location application will be sent to the Colorado Department of Public Health and Environment (CDPHE) for approval.
    • The proposed site layout was developed further for use with the Larimer County Planning Department review and approval.
  • Wapiti Lift Station (WLS), WLS Interceptor, and WLS Force Main:
    • An additional in-person 30% design review meeting was conducted with the District and the CMAR. Decisions from the meeting were added to the Decision Log.
      • The District eliminated coarse screening at the WLS and added coarse screening at the headworks. The elimination of coarse screening at the WLS reduces lift station cost and complexity and allows for screening to occur at the WRF.
      • The WLS design drawings will be updated based on the decision to eliminate coarse screening.
      • The site location application PDR was submitted to the review agencies for comment. Following review and discussion with the NFRWQPA the site location application will be sent to CDPHE for approval.
      • The proposed site layouts were developed further for use with the Larimer County Planning Department review and approval.
    • Water Reclamation Facility (WRF):
      • Additional in-person 30% design review meetings were conducted with the District and the CMAR to discuss the 1) liquid process; 2) solids process; and 3) operations building. Decisions from the meeting were added to the Decision Log.
      • The District eliminated coarse screening at the lift stations and added coarse screening at the headworks. The addition of coarse screening at the headworks will increase the WRF cost and allow for screening to occur at the WRF.
      • The headworks layout will be updated to provide space the addition of coarse screens.
      • Site Location Application - The site location application is under review by the CDPHE.
      • WRF Site Layout - The proposed layouts were developed further for use with the Larimer County Planning review and approval.
    • Construction Manager at Risk (CMAR):
      • The CMAR contract was awarded by the District and Garney has begun to engage in the project review meetings.
      • A CMAR partnering session will be held with Garney at the end of September.
    • WRF Membrane Procurement:
      • The membrane procurement option agreement was awarded by the District and design of the improvements is underway.
    • Specifications and Drawings for Construction Technical specifications (equipment, trenching, structural, mechanical, electrical, etc.) and drawings will be developed further as the project proceeds.
    • United States Bureau of Reclamation (USBR) - Additional geotechnical borings were collected on USBR property (FCLS, WLS, WLS Interceptor, and WLS Force Main) on September 1 and 2, 2022.
    • Western Area Power Authority (WAPA) Coordination continues with WAPA regarding the status of the power line removal project. The power lines are planned for removal by December 31, 2023.
    • Town of Estes Park - Coordination will begin with the Town of Estes Park regarding the water main extension along Highway 34. The WLS and FCLS will require new water services to replace the existing water services.
    • Larimer County Coordination is underway with Larimer County to confirm Planning Department submittal requirements for the FCLS, WLS, and WRF.
    • Financial Planning:
      • The project needs assessment (PNA), and preliminary engineering report (PER) were approved by the CDPHE. The tentative schedule for a State Revolving Fund (SRF) loan application is January 2023.
      • A letter of interest was submitted to the Environmental Protection Agency (EPA) for the Water Infrastructure Finance and Innovation Act (WIFIA) on September 6, 2022, to initiate the WIFIA process. WIFIA anticipates a 90-day review period.

Adding to his presentation, Mr. Ravel reviewed the three-dimensional (3-D) design model excerpt images of the proposed Wapiti Lift Station, Water Reclamation Facility and Biological Nutrient Removal (BNR) and Process Building, provided in the board packet. Mr. Ravel stated CMAR Contractor, Garney Construction, District staff, and the Project design team all have cloud access to this 3-D design model.

Mr. Ravel highlighted that the Procurement Option Agreement for the membrane bioreactor equipment was awarded by the District to FilmTec Corporation. Mr. Ravel noted the District is awaiting the final executed contract from FilmTec and is moving forward with membrane design as supported in the contract.

Mr. Ravel informed the Board that the 60% design review is anticipated to be submitted to the District by mid-November. After the District reviews the 60% design submittal a process design report will be developed to present to the Colorado Department of Public Health & Environment (CDPHE) for the design review process.

Mr. Ravel stated that the proposed site layouts were submitted to the Larimer County Planning Department for review and approval and the District has a virtual meeting scheduled on October 26th with Larimer County to assess the site improvement package, lighting and grading plans, and flood plain components.

Mr. Ravel answered questions of the Board regarding Project funding criteria, stating WIFIA may fund up to 80% of the Project with a low interest loan, 35-year term. Debt service payments on the WIFIA loan can begin five years after completion of construction, although interest is accumulated during this five­-year period.

The Board thanked Mr. Ravel for the Project update.

Public Comments from Mr. Mark Stelter, Owner of Estes Lake Lodge LLC, 185 0 North Saint Vrain Avenue, Estes Park related to Agenda Item 9a: Update: Phase II - Design of the Water Reclamation Facility, Lift Stations, and Interceptor Improvements Project:

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

Mr. Mark Stelter distributed to the board photos and a map of the business property he owns, Estes Lake Lodge LLC, located at 1850 North Saint Vrain A venue in Estes Park Colorado, in relation to the proposed site for the new Fish Creek Lift Station (FCLS).

In regard to the proposed FCLS site plan, Mr. Stelter stated he is concerned the placement of the proposed lift station will block the view from his property and consequently cause its' value to diminish. Mr. Stelter also commented the proposed lift station site location would be seen by all entering and exiting Estes Park on Highway 36 which, in his opinion, is not appealing for the Town of Estes Park.

Mr. Stelter stated another concern of his relates to the historical features of the proposed site location which has a monument dedicated to Estes Park pioneer, Joel Estes.

Mr. Stelter then proposed the Board reconsider the District purchase his property, off Fish Creek Road and south of the existing FCLS, as the future site location for that facility. Mr. Stelter referenced the appraisal recently completed of his prope1iy stating he believes it to be incorrect and undervalued. In April 2022, Mr. Stelter offered to sell that section of his prope1iy for less than market value but more than the recent appraised value. Mr. Stelter said he would like to seek a second appraisal.

Mr. Bieker stated the appraiser who evaluated Mr. Stelter's property is ce1iified, knowledgeable of Estes Park real estate, and considered highly credible.

Mr. Bieker added the District previously considered purchasing Mr. Stelter's property approximately five months ago, and attempted negotiations with him at that time based on the appraised value. However, Mr. Stelter declined the District's offer and stated in an email to Mr. Bieker he was no longer interested in selling his property. Therefore, Mr. Bieker explained, the District did not have the opportunity to counteroffer and has since proceeded with the current proposed site location on Bureau of Reclamation property.

Mr. Bieker continued stating the site Mr. Stelter is proposing would increase Project design costs due to issues regarding a retaining wall, easements, limited access, etc. Mr. Bieker elaborated stating the importance of fiduciary duty to District customers.

Mr. Bieker said the District is aware of the historical and cultural features of the proposed lift station site location and are working closely with the Bureau of Reclamation to comply with Federal regulations concerning these matters.

Mr. Stelter emphasized the Board should consider what is best for the community, the future of Estes Park, and its customers. He restated his prope1iy would be a better option for the lift station location for the citizens and tourists of Estes Park in comparison to the site location the District is proposing for the FCLS.

The Board commented they are committed to ensuring the FCLS will be aesthetically built, to respecting historical features, and to upholding fiscal responsibility.

The Board thanked Mr. Stelter for his comments and concerns regarding the proposed location of the Fish Creek Lift Station and informed him they will discuss and consider his proposed option.

Mr. Stelter asked to be included on the agenda for the October 18, 2022, Regular Board Meeting.

At 4:55 p.m., Mr. Stelter excused himself from the remainder of the meeting.

Consideration of Increasing UTSD's 2023 System Development Fee -presented by Ms. Jurgens:

Ms. Jurgens presented to the Board consideration of increasing the District's 2023 system development fee.

Ms. Jurgens explained the board packet contains several documents pe1iaining to the recommended increase of the 2023 system development fee including:

  • Board Resolutions increasing the system development fees in April 2020, and again in January 2022.
  • Mr. Ravel's email dated August 14, 2022, with excerpts from the Engineering News-Record's Construction Cost Index (February 2021 and February 2022) and shows calculations used to determine the recommended increase of the 2023 system development fee.
  • Spreadsheet detailing the 2023 proposed system development fee calculation using Single Family Equivalent units.

Ms. Jurgens said these documents were provided as a reminder of the Board's action in 2020 and 2021 adjusting the system development fee to support the District's costs to pay for growth related capital expansion of the wastewater collection, conveyance, and treatment facilities.

Ms. Jurgens then defined a system development fee as a one-time fee collected to provide recovery of capital investment attributed to the wastewater treatment facility and collection system.

Ms. Jurgens explained there are two components to a system development fee including an asset share and the cost of treatment capacity. The system development fee is assessed based on the number of single-family equivalent units a customer is using and, upon payment of the fee, allows the customer to connect to the District collection system. The system development fee is in addition to all other fees or charges relating to wastewater treatment and collection service.

Ms. Jurgens stated the system development fee is reviewed periodically by the District and is subject to change as the Board determines the need to support the District's infrastructure.

Ms. Jurgens referred the Board to the two resolutions provided in the board packet and referenced the highlighted paragraphs "Adoption Methodology for Subsequent Fiscal Years." The highlighted paragraph states that in subsequent fiscal years (to 2022), the System Development Fee may be administratively adjusted effective upon the start of the subsequent fiscal year according to the price index contained in the Engineering News-Record's Construction Cost Index. The paragraph concludes stating that any fee adjustment not within the range established by the Engineering News-Records Construction Cost Index will require additional action by the Board of Directors prior to taking effect.

Ms. Jurgens referred to Mr. Ravel's email dated August 14, 2022, that provides the calculations and the basis for adjusting the District's current System Development Fee in 2023 to $11,382, up $882 from the current fee of $10,500. This calculation uses the Engineering News- Record's data as called out in paragraph 2 on page 2 of Resolution No. 2021-10-02.

Ms. Jurgens noted that Mr. Ravel's calculations use the February 2021 Engineering News-Record Construction Cost Index and the February 2022 Engineering News-Record Construction Cost Index to calculate the percent increase over the year - from February 2021 to February 2022. That increase is 8.4%.

Ms. Jurgens explained the month of February is used because it was the month used to calculate the System Development Fee recommended in the 2020 rate study performed by utility consulting firm, Raftelis.

Ms. Jurgens said District staff recommends rounding the 2023 proposed system development fee to $11,400.

Ms. Jurgens referenced the spreadsheet prepared by Customer Accounts Manager, She1yl Ponzer, which illustrates the 2023 proposed system development fee calculated using single family equivalent units.

Ms. Jurgens stated the increase in construction costs is familiar knowledge to the Board as the District has worked toward development of the Water Reclamation Facility Project and has an understanding of the current economic climate driven by global events - pandemic, war, supply chain, material costs and labor shortages.

Ms. Jurgens described that the 2023 proposed system development fee is developed using the methodology called out in prior resolutions: Resolution No. 2020-03-01, and Resolution No. 2021-10-02. Therefore, approval to increase the system development fee for 2023 would require a simple vote of approval by the Board not a Resolution. District staff recommends the 2023 proposed system development fee effective date be January 2, 2023.

Ms. Jurgens informed the Board that consideration of increasing the 2023 system development fee has been adve1iised, as statutorily required (30 days prior to the Board's fixing the rate), in the Estes Park News on August 19, 2022, and August 26, 2022. The same Notice of Meeting was also posted on the District's website, on the District's Transparency Notice within the Special District Association of Colorado website, and at the District administration building.

Ms. Jurgens stated this topic will be brought before the Board for consideration and approval at the October 18, 2022, Regular Board meeting.

Ms. Jurgens said the 2023 system development fee will be used in preparation of the 2023 revenue budget.

Ms. Jurgens then invited the Board to discuss the proposed system development fee for the year 2023 and to ask her and staff questions regarding the matter.

Ms. Jurgens reiterated that Board action on this matter will be requested at the October 18, 2022, Regular Board Meeting.

The Board discussed the proposal of increasing the system development fees for the 2023 year.

The Board, Ms. Ponzer, Mr. Romig, and Mr. Allen then discussed the current permit fee value and the administrative tasks associated with this fee.

The Board directed staff to evaluate if the permit fee value is set at the appropriate amount or if it needs to be adjusted.

The Board thanked Ms. Jurgens for her presentation.

Request for Approval: Additional capital expenditure funded from Capital Contingency Account for UTSD Treatment Plant roof repair - presented by Mr. Bieker:

Mr. Bieker stated the 2022 budget includes a capital expense under Account 7055 - Plant Equipment to repair the roof over the clarifier room in the plant operations building. The budget value for that work is $25,000.

Mr. Bieker explained this year has been a particularly wet year and the plant staff has become aware of significant roof leaks during rain events in the plant operations building. The roof leaks are in the laboratory, in the foyer over the SCADA computer desk, and in staff offices. It has been determined that the leaks over the plant laboratory and office spaces are substantial and warrant repair.

Mr. Bieker reported, Plant Superintendent, Henry Newhouse, has sought bids from several roofing contractors to perform the repairs over the clarifier room and plant laboratory and offices.

Mr. Bieker referenced the board packet that includes two estimates received by the District from Stonescape Steel Roofing to repair two roof sections of the plant operations building. Estimate Number 1178, for $24,683.53, is for repair of the roof over the clarifier room, and Estimate Number 1196, for $24,649.60, is for repair of the roof over the plant office space and laboratory. The total for both estimates is $49,333.13, which is $24,333.13 over the 2022 budgeted amount for that capital line item (clarifier roof rehabilitation).

Mr. Bieker stated District staff recommends that both roof sections be repaired at the same time by Stonescape Steel Roofing in order to save time and money. Mr. Bieker then asked the Board for approval to use budgeted capital contingency funds of approximately $25,000 to facilitate repair of both damaged roof sections of the plant operations building. He reported that the total 2022 capital contingency budget (Account 7062 - Capital Contingency) is $500,000.

Mr. Bieker described that the Board of Directors must approve use of budgeted contingency funds.

Mr. Bieker invited Mr. Newhouse and Mr. Allen to speak to the number of roof contractors contacted to complete the work and to elaborate on the scope of the roof repairs.

Mr. Newhouse affirmed both roof sections need to be repaired. He stated he called six contractors to obtain quotes and of the three that responded, Stonescape Steel Roofing provided the most feasible estimate. Mr. Newhouse said he received two positive references for Stonescape Steel Roofing.

Mr. Allen added the amount quoted is the minimum amount needed in order to maintain the plant through construction of the new WRF.

Mr. Bieker, Mr. Allen, and Mr. Newhouse answered questions of the Board regarding the roof repair.

The Board discussed approval of the use of capital contingency funds to allow for repair of both sections of roof for the plant operations building.

It was moved by Mr. Bosch and seconded by Mr. Eshelman to approve use of2022 budgeted capital contingency funds not to exceed $25,000 from Account 7062 - Capital Contingency to pay for roof repairs on the plant operations building. Motion carried unanimously.

Reports of Officers, Committees, Professional Consultants, & Staff

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

Adding to the Treasurer's Report, Ms. Moore asked the Board for approval to remit payment to Merrick & Company for Invoice Number 216231 in the amount of $235,425.90 for work performed on the Water Reclamation Facility and Lift Station Improvements Project from June 25, 2022, through July 29, 2022. Ms. Moore stated she has prepared the check for payment, and it is ready for signature at this meeting.

It was moved by Mr. Bosch and seconded by Ms. Doylen to approve payment to Merrick & Company for Invoice Number 216231 in the amount of $235,425.90. Motion carried unanimously.

At 5:42 p.m., Ms. Moore excused herself from the remainder of the meeting.

Adding to the System Development Fee Allocation and Connection Report, Ms. Panzer explained that there were four new connections in August and one tap forfeited.

Adding to the Collection Rep01i, Mr. Romig reported the collection staff has been successful in pipe patch repairs.

Ms. Doylen commented she was pleased to see Mr. Allen was working with Ms. Shellie Tressell of Simplicity Organizing Services, on the Emergency Management Plan. Mr. Allen said he appreciates the opportunity to work on this plan.

Adding to the Assistant District Manager's Report, Ms. Jurgens reported that the District received notice from U.S. Senator John Hickenlooper's office that the request for financial support for the WRF Project from the Senate Appropriations Committee was declined.

Ms. Jurgens also reported that the District received notification from the Colorado Division of Homeland Security & Emergency Management that the PW 861 project closeout has advanced to the FEMA Office in Washington, D.C.

Adding to the District Manager's Report, Mr. Bieker thanked the Board for their support in his professional development over the years.

Mr. Bieker then commended Ms. Jurgens and Mr. Allen in their efforts in managing the District's day to day operations.

Mr. Bieker stated that Merrick & Company and Garney Construction companies are well represented at the RMWEA Conference, and he is proud of the District's decision to work with both organizations.

The Board asked questions of the staff regarding the departmental reports.

The Board did not have connections to the departmental reports.

The Board thanked District staff for preparing the reports.

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

At 6:00 p.m. the Board took a twelve-minute recess.

Executive Session

At 6:12 p.m., it was moved Ms. Doylen and seconded by Mr. Bosch to go into Executive Session pursuant to §24-6-402(4)(a), C.R.S. "concerning the purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest" related to property acquisition for the proposed new Fish Creek Lift Station. Motion carried unanimously

The Executive Session was attended by Directors Reed, Doylen, Bosch, Duell and Eshelman; Mr. Bieker; Ms. Jurgens; Mr. Allen; and Mr. Ravel and Mr. Kuosman.

The Board did not engage in substantial discussion of any matter not enumerated in §24-6-402(4)(a) C.R.S., nor did it adopt any proposed legislative policy, position, resolution, rule, regulation, or formal action.

The Executive Session was adjourned at 6:43 p.m.

Return to Regular Session

At 6:44 p.m., the Board returned to regular session.

The Board directed staff and Merrick & Company to consider Mr. Stelter's concerns in further development of the Fish Creek Lift Station design.

Adjournment

Having no further business, at 6:50 p.m. it was moved by Mr. Bosch and seconded by Mr. Duell to adjourn the meeting. Motion carried unanimously.