Board Meeting Minutes May 13, 2021

North Fork Special Service District

Monthly Board Meeting

May 13, 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.

Executive Session

Board members present:

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

*Scott Hart arrived at 6:14 p.m.

Staff members present:

Stephen Miche-Public Works Director, Emily Johnson-District Clerk

Public present:

Craig Smith, Nathan Bracken, Jeffry Griffins

At 6:07 p.m. the meeting was brought to order by Dr. Stephen Minton-Chairman. Stewart Olsen motioned to enter closed session to interview potential new legal representation. Chad Linebaugh seconded the motion, closed session started at 6:08 p.m.

At 6:44 p.m. J. Craig Smith, Nathan Bracken, Jeffry Griffins left the meeting. At 7:03 Stewart Olsen motioned to temporary close the executive session due to the time and open the public portion of the meeting. Duaine Dorton seconded, open session commenced.

Budget Amendment

Board members present:

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

Staff members present:

Stephen Miche-Public Works Director, David Marsella-Fire Chief, Emily Johnson-District Clerk, Aubree Durrant-Public Works, Ryan Taylor-Engineer, Joe Martin-Controller

Public present:

Gene Payne, Edge Trullinger, Bert Thomas

At 7:16 p.m. Steve Spiker joined the meeting

At 7:23 p.m. Ron Wyatt joined the meeting

Joe Martin-Controller explained that the reason the District is amending the budget for 2021 is due to the urgent purchase of the Wildland fire truck (BME Type 3 Model 34 Apparatus). Pursuant to Utah Code 17B-1-630 a resolution of the Board of Trustees is needed to amend the 2021 budget. There was enough money in the budget to cover the cost of the engine but the wildland budget will need to be adjusted for transparency and to reflect the additional costs and revenue anticipated due to the purchase of the engine. The engine’s purchase price was $343,111.00 which will be added to the capital outlay budget line in Wildland and will be submitted to the Utah State website for transparency.

Due to insurance rate adjustments for the District’s liability insurance increase for 2021 an additional $4,000 per year that will be split between Fire, Water and Wastewater departments. Currently there is enough budgeted, but by the end of the year due to the increase we will go over the budgeted amount.

Monthly Meeting of the Board of Officers

Public Comments

None.

Informational Items

#1 Presentation on Creekside Renovation

– Sundance Resort Presented. Gene Payne explained that the resort is working on improvements including a notable planned renovation for Creekside building, which is the main entry building of the resort. It houses rentals, sales and offices and Creekside Café. The renovation will be of the existing building to make it more functional and updated. There will be some structural and aesthetic work being done. Edge Trullinger-Sundance Resort Project Manager presented on the shared screen a drawing of a floor plan. He stated this is a renovation and not an expansion. The existing staircase will be expanded with an open floor plan, that will be the bulk of the work on the ground floor. The second floor will be opened with some pivot doors that can be opened during summer. Edge explained there will be an upgrade to the dinning capabilities of the current severey with an open floor concept. There will be no new water connections, no changes to restrooms on the ground floor. They are looking to install a grease interceptor. Gene Payne stated the main food prep will be done in the existing kitchens as it is currently being prepped and food is transferred and heated at the serverey.

Edge stated they are hoping to wrap this project up quickly. Sundance has presented the plans to Utah County but will need approval from North Fork as part of the plan check process. They are hoping to start construction over the summer in time to open for the ski season in December. Chad Linebaugh stated this was the original plan for this space but due to a fire years ago, offices had to be placed in this area.

Stephen Miche asked if there would be any dishwashing done in this area. Edge stated disposable packaging would be used so there will be very little dishwashing, he stated sinks are required by the Health Department for hand washing but that is not the primary goal. Stephen asked if there will be an increase of usage of water beyond what is already being conveyed. He also inquired why there will be a grease interceptor if there will be no appreciable waste from the kitchen. Edge stated this is the recommendation of their plumbing engineer. Gene stated they are not looking for a new connection or supply of water for the building. Stephen stated since this area will be going from offices to a kitchen, he questions if the equivalent residential unit that is currently allocated for this facility could change. Ryan Taylor-Engineer stated that the purpose of the use of the building would change, so a review of the difference of water use should be evaluated.

Dr. Minton asked about additional parking and what the percentage of distribution will be for customers. Chad Linebaugh stated a minor increase will be taking place over a multi-year plan. Gene Payne stated this is to better serve this existing guest space. Expansion of lifts and mountain and skiable area will not be expanding, that will take place in the future not this year. That is when they will plan for servicing (distribution) of people. Dr. Minton asked if this renovation would change what people see when they pull into the parking lot, Edge stated this will not affect that at all, very little will be changing regarding the façade. The windows facing the mountain will be essentially the only changes you will see from the exterior. Scott Hart asked if food deliveries and supplies would be dropped where they are currently or will the food service team plan on having a drop off at Creekside? Edge stated all the food prep will be done in existing kitchens and the half loading dock will be accessed with a shuttle service and food carts to transport food. Chad Linebaugh stated the resorts administration will be “moving to where Bob’s cabin has been all these years”. Sundance Group will be moving out so it will become the resort’s new administrative office.

#2 Fire/EMS Reports

– Chief David Marsella presented. He reported that the ambulance transports are down, he things it’s partially due to COVID. March and April’s calls were submitted in the Board Packet. The engine was delivered and put into service today, both wildland engines are ready to be deployed. The Wildland crew has been out chipping and doing other services. They will be put on the deployment board tomorrow for National fires. Drought wise for the rest of the year is less than stellar. Discussion of advertising the new engine on social media and possibly having a fund raiser to introduce the public to the new engine was had.

Roadblocks due to parties and multiple cars parking in the road was discussed. A reminder to the HOA’s needs to be sent out to remind them to keep the roads clear for engines and emergency vehicles, the County Sheriff needs to be called when roads are being blocked.

#3 District Clerk Information

– Emily Johnson-District Clerk presented. Check registers were emailed to the Board prior to this meeting. Duaine Dorton asked what the $400 GPS subscription fee was. Stephen Miche explained that this is a yearly subscription for the mapping of the Districts GPS water, wastewater, roads, etc. Duaine asked about the TEC Excavation charge. Stephen explained the cost associated to the power line being hit during the EQ basin construction. An emergent team had to be called to get construction back up and running and tying in equipment to look for any additional utilities before excavation continued. The utilities were not marked because they were not where the District believed they were, they were not on the GIS and maps. Records inaccurately depicted the power lines were on the raised island area on the maps not in the middle of the parking lot. They have now been surveyed, pictures have been taken and they are properly mapped and recorded.

Gary Liddiard asked if the placement of the EQ basins at Sundance Resort will take away from parking, Stephen stated there will be a clean out, but it will be covered. It should all be cut off flush (no pipes sticking out).

The audit is taking place, the onsite audit will be occurring this month.

Keith Payne has been reappointed to the Board by the Utah County Commissioners; he has been sworn in. Emily reported she has a new bank signer sheet removing Thomas Merrill and reinstating Keith Payne to the District checking account.

Emily asked that the remaining Board please complete their 2021 education if they have not yet done so.

Emily asked that anyone in the District who plans on selling property to have the real estate or title company contact the District offices to get the customer information transfer completed. There are 4 properties that she is aware of being sold this week.

#4 Financial Information

– Joseph Martin-Controller presented. The March 2021 Financial Statements were sent out prior to this meeting in the Board Packet for review. Joe displayed the report titled “Financial Statements For the Months Ended March 31, 2021, and 2020”. Graphs defining the District’s revenues and expenses were shown, Joe stated “The District’s in really good financial shape”. Budget to actuals were defined by percentage of the year. Duaine asked if a report could be made to show monthly budget comparisons. Joe explained that salaries and benefits are consistent with exception to the Wildland department who is paid extra for their time out working longer hours. Purchases are not consistent; revenues are consistent regarding fees, but the County taxes are received sparsely. Joe stated it would be difficult to show a monthly comparison in simple context. Joe explained that reports are available in detail, he will email that detail to the Board.

The District is run as an enterprise account, the new fire truck will be on the balance sheet as a piece of depreciation equipment. The initial expense will be capitalized as an asset and not an expense on the future budget.

#5 Water/Wastewater Report

– Aubree Durrant-Public Works presented. Graphs and reports were distributed to the Board prior to the meeting. Aubree reported water usage is up a bit from last year. Residential use is lower this year and commercial use increased. Unaccounted water is high (523,168 gallons in April 2021). There was a leak fixed on the Stewart side, it’s on a different PRV than the last recent leak. There were snowstorms in April peaking at 12.8 for the snow year on snow water equivalent.

Aubree presented a chart titled “Water Rights-Storage Usage”. There has been a reduction of 1.4% of our water shares leaving the District with a total of 124.24 ac-ft. Duaine asked if we have ever been reduced before, Aubree stated she believes so. The water year goes from November to October, YTD, we have used 28.92 ac-ft. From May to October 2021, we have 95.32 ac-ft remaining in water storage.

Deer Creek capacity is 85%, increase from last month

Jordanelle capacity is 68%, increase from last month

Still trying to find the unaccounted water in the upper pressure zone, leak is staying consistent.

Lab results indicated there was a violation in the Sundance discharge permit for last month on the 1^st follow up labs indicate compliance with the Sundance discharge permit. Sundance was closed for part of last month (April 4^th through April 15^th)

Stephen Miche-Public Works Director stated Jeff LaBar is still seeking to fix an illegal water connection through another unit, Jeff is trying to correct that. An easement request to Sundance Resort was denied for Jeff LeBar to have connection so Stephen is trying to find an alternative solution to get the connection issue resolved.

An engineering study is taking place, the Division of Drinking Water had an issue with some of the water source numbers reported, they believed they were under capacity. Stephen is working with TO Engineering for a solution on this issue.

Stephen has been researching water right policies for future connections.

There is still snow on the Spring site, construction cannot begin until that has melted.

The District received a letter from the Department of Natural Resources declaring a state of emergency regarding drought conditions and gave recommendations for ratios. The District is trying to follow these recommendations.

#6 District Water Rights Summary

Stephen Miche stated he emailed a summary to the Board of his research regarding the District’s water rights and water shares. Stephen stated “essentially it kind of reconfirms what Matt Jensen (attorney for Sundance Resort) in the last board meeting had surmised (regarding summary of available water for North Fork 172.32 ac-ft). Stephen has been working with Steve Vuyovich (representative for Redford) and AnnMarie Howard on water rights outstanding for the Ridge Lots. There are a few issues being finalized with deed paperwork so they can be filed at one time. This includes the 9 Ridge lots located on Mandan Rd and Navajo Rd for 13.05 ac-ft and Sundance SMO 2.0 and Boneyard Offices for 1.066 ac-ft. There is 3-acre feet of water shares that are for summer use only.

“The District should hold 250 ac-ft in water rights for the 250 single-family connections commitments, 29 of which still need to be connected. An additional 4 ac-ft should be planned for District consumption at the fire station and wastewater plant. Presently, the District has a shortfall of 64 ac-ft water rights.

NFSSD requires perspective culinary customers to transfer the appropriate amount of water rights or shares to NFSSD. Historically, however, certain customers were allowed to retain ownership of their rights. In these cases, the District “conveys” water service. “Conveyance” customers include Aspen Grove, Timp Lodge, Sundance Resort and the Redfords. This “conveyed” water consumption is counted against their respective water rights, and not those retained by the NFSSD. There is an agreement between Aspen Grove and NFSSD that allows the District use of Aspen Grove’s 52 ac-ft in natural flow rights in exchange for Aspen Grove to use District storage water rights for their winter water use.”

Stephen recommends that the District shouldn’t be asking for anything less than 1 acre-foot year-round water for a residential connection.

Stephen stated the Aspen Grove agreement may need to be evaluated and its value to the District, it may bring us to the point we do not have enough water rights for our operation and theirs.

A graph named “Paper vs. Wet Water; Do We Have Enough Paper Water?” showed an evaluation of water consumption between 2018-2020 on a monthly basis showing we exceed the amount of natural flow rights available every year but have enough storage rights available to make up the difference. The flow usage includes the Districts 52 ac-ft exchange with Aspen Grove. In 2019, we came within 20% of our 126 ac-ft limit in storage water.

Research on the history of the water shares and where those deeds originate from was also included in this summary. Stephen was able to find the original deeds for the areas/developments they were applicable to. The District believed it owned 155 ac-ft from exchange 2189 but through the adjudication it turns out the District doesn’t have that 155 ac-ft, the proof wasn’t there.

There were 89.41 ac-ft of water shares that were sold, there is only 3 ac-feet left, the District may want to determine if those should be sold as well.

Stephen recommendations based on his research and findings are listed 1-9 on the last page of the summary. Stephen stated he feels it’s critical we understand our water rights situation/portfolio in order to make the right decisions. Stephen stated his notes are in a separate document if anyone would like to view them. Chad Linebaugh asked if this summary had been reviewed by legal counsel and if it had not, he recommended that legal counsel review it. Stephen stated, “in all honesty, no it has not been reviewed by our legal counsel and so… but this is again, my summary and understanding based on my investigation of our water rights.” . Duaine Dorton agreed this should be reviewed by legal counsel. Stephen stated as he went through old documents, he found that information such as the 2004 Brown and Caldwell Report, he felt was misleading regarding the District’s water portfolio, for a long time the District was using that information as a basis of information. Stephen has been sitting down with the Board and researching paper copies, prior year Board meeting minutes and State public websites to gather the summary information he is presenting to the Board tonight. Stewart Olsen suggested that the review state “Subject to Legal Review”. Scott Hart asked for a breakdown of the water usage in summer vs. winter for Aspen Grove. Stephen stated he will add a month-to-month line summary on his monthly reports to represent Aspen Grove’s water use.

Action Items

#1 Approval of the April 2021 Board Meeting Minutes

Stewart Olsen motioned to accept the April 2021 board meeting minutes as written, Chad Linebaugh seconded Keith Payne abstained (he was not a member of the Board in April) Duaine Dorton abstained (he was not in attendance for the full meeting in April). All others aye, no opposed. Motion passed.

#2 Brickerhaven Garbage

Cami Su Bird and her spouse presented, they belong to the Brickerhaven HOA (Brickerhaven is not part of the North Fork District). Cami has been calling and emailing the District office asking to use the garbage compactor and paying a fee to use. It was discussed in detail the history of Brickerhaven and their HOA’s reluctance to be a part of the District. Discussions of what it would require for Brickerhaven to become part of the District and the benefits that would be gained including water sources and ISO ratings were had. It was the Board’s position that other resources that are paid by District members are being utilized to maintain the compactor such as the backhoe to remove snow, District employee wages, etc. and it wouldn’t be ethical to allow individual to utilize services they are not paying for. The District Clerk advised the Birds that they are welcome to contact the District if they would like more information pertaining to joining the District or if they would like staff to present to their HOA. Requested use of the compactor by Brickerhaven was denied.

#3 Amendment of the 2021 Budget

Stewart Olsen motioned to accept the 2021 Budget Amendment as outlined during the budget amendment informational portion of this meeting. Chad Linebaugh seconded. All aye, no opposed, motion passed.

#4 SCAPO water/drainage repairs

Bert Thomas is concerned about the erosion from run off. He asked to meet with Ryan Taylor-Engineer so they could discuss fixing the road. Stephen Miche will work with Bert and Ryan to set up a time to meet and discuss a solution. Stewart Olsen motioned to table this matter, Scott Hart seconded, all aye and no opposed. Matter tabled.

#5 Wildland Engine, Radio’s

Chief Marsella stated that in a prior meeting it was discussed that the new engine did not come with a radio, the radios were budgeted for in the 2021 adopted budget due to and anticipated Stated statute that was expected to take place in 2021. A second radio is needed for engine 213, it’s outdated it uses analog, everything used today is digital. Since we will be using E213 for the summer season he would like to equip it with the new radio and if we decide to sell the engine at the end of the summer, the equipment can be moved to another vehicle. Chief Marsella explained that in the North Fork area it’s very difficult to get out on handheld radios to Northern Utah Interagency Fire. The ability to have these radios in the engine will boost the power sent out so we can talk to NUIF. Gary Liddiard motioned to allow Chief Marsella to buy the new radios for the engines, Stewart seconded. All aye, no opposed, motion passed.

At 9:23 p.m. Gary Liddiard motioned to close the Monthly Meeting of the Board of Officers and reconvene into closed session, Stewart Olsen second. All aye, no opposed. All members of the public were removed from the meeting. The 6:00 p.m. closed session was cut short due to time restraints and the agenda. The Board reconvened in closed session with Stephen Miche to discuss Stephen’s employment contract. In attendance was Stephen Miche, Dr. Stephen Minton- Chairman, Stewart Olsen-Vice Chair, Duaine Dorton, Gary Liddiard, Chad Linebaugh, Scott Hart, Keith Payne

At 10:02 p.m. Gary Liddiard motioned to leave the closed session of the meeting and reconvene in open session. All members of the public had left the Zoom meeting, Stephen Miche has left the Zoom meeting. Emily Johnson-District Clerk was invited back to the meeting, Dr. Minton-Chairman was dropped from the closed session shortly before 10:00 p.m. due to technical difficulties. It was decided that Stephen Miche would gather some information pertaining to his job description and present that to the Board at a time to be determined later.

At 10:05 p.m. Gary Liddiard motioned to close the May 2021 Monthly Meeting of the Board, Duaine Dorton seconded, all aye, no opposed. Meeting ended at 10:05 p.m.