TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING SEPTEMBER 11, 2023-7:00 P.M. The Silt Board of Trustees held their regular meeting on Monday, September 11, 2023. Mayor Richel called the meeting to order at 7:01 p.m. Roll call Present Mayor Keith Richel Mayor Pro-tem Derek Hanrahan Trustee Justin Brintnall Trustee Chris Classen Trustee Samuel Flores Trustee Andreia Poston Trustee Jerry Seifert Also present were Town Administrator Jeff Layman, Town Clerk Sheila McIntyre, Town Treasurer Amie Tucker, Public Works Director Trey Fonner, Community Development Manager Nicole Centeno, Town Attorney Mike Sawyer and members of the public. Pledge of Allegiance and Moment of Silence Public Comments - Resident Amy Goodman commented about the general upkeep of the town including the skatepark, stating that there are several goat heads and tall weeds in the area. She added that there are also goat heads all along the soccer field by the old Roy Moore School site. She also commented about the litter around the Dollar General Store and that someone needs to apply pressure to get it cleaned up. Ms. Goodman stated that she would be willing to be part of the solution. Consent Agenda- 1. Minutes of the August 28, 2023 Board of Trustees meeting Trustee Seifert made a motion to approve the consent agenda as presented. Trustee Classen seconded the motion, and the motion carried unanimously. Conflicts of Interest - There were no conflicts of interest. Agenda Changes - There were no agenda changes. Announcement of Discover Silt Photo Contest Winners Community Development Manager Centeno announced the winners of the photo contest and Mayor Richel presented Taylor Smith with her prize for her first-place entry. B.0.T.9/11/2023 1 Planning & Zoning Commission Interview Vanesa Westmoreland Vanesa Westmoreland was present to be interviewed for the Planning & Zoning Commission vacancy. The Board asked Ms. Westmoreland questions regarding her desire to be on the Trustee Seifert made a motion to appoint Vanesa Westmoreland to the Planning & Zoning Commission. Mayor Pro-tem Hanrahan seconded the motion, and the motion carried Commission. unanimously. Recordation of Final Plat for Autumn Ridge Subdivision Attorney Sawyer went over his report on the parcel adding that the final plat was approved several months ago. He stated that there has been an issue with a utility company who has chosen not to sign the plat. He added that Silt is the only community that he knows of who requires a signature block for utility companies. Derek Walter was present to convey the conversation he had with Xcel Energy and their concerns of signing the plat due to two separate easements. Attorney Sawyer asked Trustee Brintnall made a motion to direct staff to record the Autumn Ridge Final Plat without the Xcel Energy signature. Trustee Classen seconded the motion, and the motion carried that the Board allow the plat to be recorded absent the Xcel signature. unanimously. Resolution No. 23, Series 2023, A RESOLUTION OF THE BOARD OF TRUSTEES ACTING BY AND THROUGH ITS WATER. AND WASTEWATER ACTIVITY ENTERPRISE AUTHORIZING ACCEPTANCE OF Al LOAN AGREEMENT FOR DIRECT LOAN(S) BETWEEN THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY AND THE TOWN OF SILT, Administrator Layman briefed the Board and the public on the action steps for tonight. Director Fonner and Financial Analyst Jim Mann went over a power point presentation that covered how we got to this point and the steps towards building and financing the improvements. Also, present tonight Itv was stated that the total cost of the project from Garney at the 90% stage has come down to $24,356,636. Mr. Mann stated that this now provides the town with a conservative estimate on the borrowing package of $17,950,000. He proceeded to go over the loans and the rates that the town would be working with. He added that the town would have more details on the Leveraged Loan sometime in late November or early December and that there are still a couple of unknowns that could bring the final number down even lower. The estimated average customer monthly impact currently sits at $105.62 which includes an increase to help the water fund support itself along with the increase Mr. Mann talked about stepping" into the rates to bring them up at a slower pace for the citizens with the first increase of $19.65 taking place October 1, 2023 and the second increase of $31.55 to take place on January 1, 2024. He also went over an increase of $9.97 that would be implemented January 1, 2028. He stated these numbers are subject to change once the town knows what the COLORADO, FOR WATER UTILITY IMPROVEMENTS were Toby Reid and Tony Zancanella to assist with answering questions. due to the new water plant. bonds sell for plus possible money from a DOLA grant. B.0.T.9/11/2023 2 There was discussion regarding a recent increase received by staff from Dewberry for the cost of construction management that more than tripled to $1.5M. Administrator Layman stated that staffi is working with them now to try and understand the extra costs. There was concern why the town wasn't made aware of this increase early. Administrator Layman explained some of the options that staff is looking ati in regards toi funds and grants to assist with paying this increased amount. Mr. Reid explained that some costs cannot be nailed down yet and that they would still continue to get competitive numbers and that they would need to meet the engineering criteria, the states requirements and the towns goals for longevity. There was brief discussion regarding training costs that have been built in, the 2-year warranty and how it works, the parts at the current plant that they would be able to use at the new plant, what type of growth the new plant would be able to handle, the life span of the new plant and the recommended new tiered rate system. The Board thanked all Mayor Richel stated that he feels that the town is confident in the number that is being presented, that the rates need tol be raised slowly, that the town needs to negotiate with Dewberry regarding their Attorney Sawyer then went over the resolutions to be considered tonight stating that with the many things happening in the last few days to secure the financing it has now been determined after a discussion with a State Revolving Loan representative that both resolutions no. 23 and 24 would not need to be approved tonight. He stated that an ordinance would come before the board at the next meeting that would be drafted by loan counsel and contain the same information that is in those two resolutions. He added that the remaining three resolutions would need to be passed tonight. persons involved in this process and the proposed new plant. increase ini fees and that the town needs to apply for the $1M EIAF grant. Resolution No. 23 has been pulled with no need to approve. Resolution No. 24, Series 2023, AI RESOLUTION OF THE BOARD OF TRUSTEES ACTING BY AND THROUGH ITS WATER AND WASTEWATER ACTIVITY ENTERPRISE AUTHORIZING ACCEPTANCE OF A LOAN AGREEMENT FOR LEVERAGED LOAN(S) BETWEEN THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY AND THE TOWN OF SILT, COLORADO, FOR WATER UTILITY IMPROVEMENTS Resolution No. 24 has been pulled with no need to approve. Resolution No. 25, Series 2023, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, ACTING BY AND THROUGH ITS WATER AND WASTEWATER ACTIVITY ENTERPRISE APPROVING THE. APPOINTMENT OF TOWN BOND COUNSEL Attorney Sawyer explained the resolution. Trustee Brintnall made a motion to approve Resolution No. 25, Series 2023, AI RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, ACTING BY AND THROUGH ITS WATER AND WASTEWATER ACTIVITY ENTERPRISE APPROVING THE APPOINTMENT OF TOWN BOND COUNSEL. Trustee Flores seconded the motion, and the motion carried unanimously. B.O.T.9/11/2023 3 Resolution No. 26, Series 2023, Al RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, ACTING BY AND THROUGH ITS WATER. AND WASTEWATER ACTIVITY ENTERPRISE ADOPTING THE WATER RATE STUDY AND PROVIDING FOR. ADJUSTMENTST TO Attorney Sawyer passed out an updated resolution and proceeded to go through the changes requested by the State Revolving Loan representative which included the increases that would start stepping up beginning October 1, 2023, again on January 1, 2024 and January 1, 2028. Mr. Mann stated that he would recommend continuing to increase the water rates at 2% annually or 4% every two years. He added that the town would need to evaluate this every year based on the current finances of the utility and make sure the town is meeting the covenants that they are agreeing to in Trustee Seifert made a motion to approve Resolution No. 26, Series 2023, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, ACTING BY AND THROUGH ITS WATER AND WASTEWATER ACTIVITY ENTERPRISE ADOPTING THE WATER RATE STUDY AND PROVIDING FOR ADJUSTMENTS TO THE MONTHLY WATER RATES in the form that was handed out by the Town Attorney during the meeting. Trustee Poston seconded the THE MONTHLY WATER RATES order to pay back the debt. motion, and the motion carried unanimously. Resolution No. 27, Series 2023, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, ACTING BY AND THROUGH ITS WATER AND WASTEWATER ACTIVITY ENTERPRISE, AUTHORIZING THE TOWN ADMINISTRATOR TO NEGOTIATE AN EARLY PROCUREMENT CONTRACT WITH GARNEY COMPANIES, INC. Attorney Sawyer and Mr. Reid explained the resolution. Trustee Seifert made a motion to approve Resolution No. 27, Series 2023, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, ACTING BY AND THROUGH ITS WATER AND WASTEWATER ACTIVITY ENTERPRISE, AUTHORIZING THE TOWN ADMINISTRATOR TO NEGOTIATE AN EARLY PROCUREMENT CONTRACT WITH GARNEY COMPANIES, INC. Trustee Classen seconded the motion and the motion carried unanimously. The Board thanked Tony Zancanella for the job he has done since coming on as the towns ORC. Administrator and Staff Reports Administrator Layman commented about being contacted by a Trustee to do a drive around the community and just wanted to let the rest of the board members know and state that they can also contact him to do the same. The mayor stated he had no problem with that type of request and also reminded everyone that they are not to direct any employees of the town and to always follow the proper chain of command with any issues. Mayor Richel asked Administrator Layman that when he does do a tour with a member of the board to write something about it in his report. Staff was asked about the status of the interchange paving and when is Silt's would be done and Director Fonner stated that CDOT has still not provided the dates. B.0.T.9/11/2023 4 Updates from Board/B Board Comments Staff was thanked for all of their hard work especially on the water plant improvements and commented on how hard the decision making has been along the way. The board also thanked the resident for coming in tonight for public comment. Executive Session Itv was determined that the executive session would not be necessary tonight Adjournment Trustee Seifert made a motion to adjourn. Trustee Brintnall seconded the motion, and the motion carried unanimously. Mayor Richel adjourned the meeting at 9:40 p.m. Respectfully submitted, Sheila M. fhhog Town Clerk, CMC Board Keith B. Richel OF Mayor N f SEAL) OLOR AIERZZ B.0.T.9/11/2023 5