Board Meeting Minutes December 9, 2021

Monthly Meeting of the Board of Officers

December 9, 2021 @ 6:00 p.m.

Due to COVID-19 restrictions and concerns, this meeting will be hosted via Zoom Application without an anchor location. Any members of the public that would like to join the public portion of the meeting will need to email a request for invite to the District Clerk at admin@NFSSD.org or call 801.225.7263 or 801.404.4734 prior to the meeting/hearing.

Visit NFSSD.org for additional information including meeting minutes and a link to access The Little Manual for Local and Special Service Districts.

Closed Session

Pursuant to Utah Code § 52-4-206(6) the North Fork Board of officers conducted a closed session to discuss personnel matters and recommendations of the Personnel Committee. No staff or public were in attendance and the meeting was not recorded. See attached document titled Closed session 12/9/2021.

Board members present:

Dr. Stephen Minton-Chairman, Stewart Olsen-Vice Chair, Duaine Dorton, Gary Liddiard, Chad Linebaugh, Keith Payne, Scott Hart

Open Session

Board members present:

Dr. Stephen Minton-Chairman, Stewart Olsen-Vice Chair, Duaine Dorton, Gary Liddiard, Chad Linebaugh, Keith Payne, Scott Hart

Staff members present:

Aubree Lincoln-Public Works, Emily Johnson-District Clerk, Joseph Martin-Controller, Mindi Neilsen-Medic, Nathan Bracken-Legal Council (Nathan left after his presentation)

Public present:

Lysenko’s

Steve Spiker

At approximately 7:00 p.m. the Monthly meeting of the North Fork Board of Officers was brought to order and commenced in open session.

Public Comments

None

Action Items

#1 Water Service to 52:225:0004 Lot

– Nathan Bracken-District Legal Counsel presented. He has received information from an attorney showing that Lot 52:225:0004 located within the District’s boundaries has been stamped as being serviced for water. It was the District’s understanding from historical documents that this was a dry lot with no water attributed to it. Chad Linebaugh disclosed that this lot is owned by him. Chad is a member of the North Fork Board and employee of the Storyteller/Sundance Resort, he stated he would recuse himself from any action taken regarding this matter.

Nathan shared his screen to show the plat recorded in 1983 for the subdivision this lot is located in (Plat C). It’s stamped by North Fork Special Service District in the Utah County Archives from 1983 and signed by the District President at the time. Nathan explained that historically when a water utility service signs a plat, the signature indicates the lots are eligible for water services subject to whatever the requirements were at the time the plat was signed. Although there is not a lot of documentation because the District was very new at the time, after some research and talking with Dr. Minton-Chairman, Nathan determined the District was requiring people to pay a connection fee during some point. It doesn’t seem that the district’s water dedication was required, and the practice didn’t come into policy until after the plat was signed. Nathan’s findings were that this lot likely is eligible for water services if the connections fees were paid. Nathan stated, “with that said, that fee would be today’s connection fee not the 1983 connection fee.” He stated that this was the prior practice that plats would be recorded and then the connection fee would be paid, fees would change over time (impaction fees). He recommends that a policy be created for the District to get a dedication or agreement before any plat is signed off moving forward.

Discussion of historical practices, laws, agreements water rights and water obligations were discussed. The District Clerk asked if going through the 1980’s meeting minutes to get a better understanding of what the policy was during that time would be helpful. Nathan said finding what the practice was at the time is what is needed. If that can’t be found legally, we are bound to servicing this lot. He asked that if we can find additional information or meeting minutes, we can investigate further but he has not seen any information that showed a policy or practice of the time, we will have to go off the law that was on the books at that time (1983). Ryan Taylor suggested that some further research be done to understand why the District record’s which state this parcel is a dry lot conflict with the signed plat record being presented today. The District Clerk will gather more information from that time period and invites anyone who would like to help with further historical research be included. Stewart Olsen motioned to table the matter; Gary Liddiard seconded the motion. Chad Linebaugh recused himself, all others said aye. Matter tabled.

#2 Personnel Committee Recommendations

The Personnel Committee brought recommendations before the Board in a closed session regarding personnel compensation.

The 1^st recommendation was as follows:

In appreciation of the full-time staff, a onetime bonus for 2021 for the four full time staff members, 2% bonus based on their yearly salary of hours worked. Keith Payne motioned to accept the recommendation of the Personnel Committee, Scott Hart seconded, all aye, no opposed. Motion passed.

The 2^nd recommendation was as follows:

A wage increase for Emily Johnson the District Clerk who has not received a pay increase in 2 years, be granted a raise based on her excellent performance in the amount of 10% of her current hourly wage beginning this current pay period. Gary Liddiard motioned to accept the recommendation of the Personnel Committee. Keith Payne seconded, all aye, no opposed. Motion passed.

The 3^rd recommendation was as follows:

A wage increase for Aubree Lincoln in the amount of 16.5% due to new responsibilities she has taken on with the possibility of an additional $2.00 raise once she passes the level III certification for wastewater effective the day Stephen Miche gave his resignation. Stewart Olsen moved to accept the recommendation of the Personnel Committee; Chad Linebaugh seconded the motion. All aye, no opposed. Motion passed.

#3 Approval of the November 2021 Board Meeting Minutes

Duaine Dorton moved to accept the November 2021 Board Meeting Minutes as written. Gary Liddiard seconded the motion. All aye, no opposed. Motion passed.

#4 Approval of the 2022 Board Meeting Calendar

– Gary Liddiard moved that the monthly meeting of the Board will continue to be held the second Thursday of each month at 7:00 p.m. via Zoom application with no anchor location during the 2022 calendar year unless otherwise announced on the Utah Public Notice Website. Chad Linebaugh seconded the motion. All aye, no opposed. Motion passed.

Informational Items

#1 Fire/EMS Report

– Chief Marsella sent out the fire reports prior to tonight’s meeting, he was not present.

#2 District Clerk Information

– Emily Johnson-District Clerk presented. Check registers were emailed to the Board prior to this meeting. Due to some delays from being short staff and County assessments being completed no late fees will assessed to any properties in the District for the November billings due to changes being made and meter readings being inputted later in the month than usual.

Please notify the District Clerk of any property sales in the District.

#3 Financial Information

– Joseph Martin-Controller (Joe) sent out the financial reports prior to this meeting. Joe shared his screen to view the financial statements for October 2021. Anyone with questions is welcomed to contact him or the District Clerk.

#4 Water/Wastewater Report

– Aubree Lincoln-Public Works presented. Graphs and reports will be distributed to the public through the public notice website. Aubree went over some graphs and data for November 2021. The EQ basin were brought online October 5^th, they are working through process issues related to programming and operations. The new sampler has been installed and they can start sampling weekly.

#5 Committee Reports

Stewart Olsen-Wastewater Committee stated the process of the engineers meeting people who need to understand the wastewater system are up to date. The wastewater committee plans to meet soon.

Duaine Dorton-Finance and Budget Committee Chair stated he met with Chief Marsella to go over some of the budget numbers. The committee will meet next month.

Chad Linebaugh-Funding Committee Chair reports the funds for the well system both County and State still look promising. He recommends we are “shovel ready” for when the funds are received. Chad expressed Storyteller is motived to identify increased capacity and ways to improve pretreatment with the idea there may be more funding moving forward to support that.

Ryan Taylor-Engineer stated that it looks like it’s going to be a busy year for well drilling in 2022. The sooner we get bids the better off we will be. Chad says we do have verbal commitment on the funds, just no cash in hand. He will try to get some updated information on timing.

Other Information:

Chad stated Sundance Resort is to open for the ski season on Jakes Lift is targeted to be Saturday December 18^th, the other lift (Outlaw) is scheduled for December 22^nd. Contingent on snow/weather other terrain may open. There are some timing issues due to construction as well as weather.

At approximately 8:33 p.m. Scott Hart motioned to close the monthly meeting of the board. Keith Payne seconded the motion. All aye, no opposed. The meeting ended.