North Fork Special Service District

Monthly Board Meeting

May 14, 2020 @ 7:00 p.m.

This meeting was held remotely through the ZOOM application

Any members of the public that wanted to join the public portion of the meeting was asked 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 in 3 separate public posts.

Board members present:

Dr. Stephen Minton- Chairman, Stewart Olsen-Vice Chair, Scott Hart, Duaine Dorton, Thomas Merrill

Gary Liddiard arrived at 7:16 p.m. to the fire station with District Clerk hosting Zoom session. 

 Staff members present:

Stephen Miche-Public Works Director, Aubree Durrant-Public Works, Emily Johnson-District Clerk, Ryan Taylor-TO Engineering, David Marsella-Fire Chief, Joseph Martin-Controller, Lee Kapaloski-Legal Council

 Public Present:

JB, Keith Payne

 Proceedings:

May 2020 Monthly Meeting of the Board was brought to order by Dr. Stephen Minton-Chairman at 7:05 p.m.

Public Comments

– None

Informational Items

#1 Fire/EMS Reports

– Fire Chief David Marsella presented.  Chief Marsella discussed the CWPP plan, this information will be attached to the minutes.  It’s a mechanism to receive grant funds, it includes revisions made in 2020.

Ambulance billings through April were over $50,000 in revenue for the year which puts us over 70% of the budgeted EMS revenue for 2020.  Due to a busy winter, new billing system and the ability to send people to collections, we are collecting at a higher percentage.

Rocky Mountain power will be changing out switches on towers to minimize fire threats.  This will be going on through the summer, and they will be turning off power on high fire danger days.  Chief Marsella will pass this information on as he receives.

April 2020 was the driest April in Utah history and June and July are expected to be high fire danger months.  It’s not typical to have burning at this high of altitude this early in the year.  Chief Marsella announced the Mitigation Chipping Crew is up and running.  Sundance will be opening Friday, recreation activities will start, the Owl Bar will still be closed.

Duaine asked if Sundance should be involved in the forest CCWP plan, Chief stated he did add Sundance, Aspen Grove and the Forest Service to the notification list.  Duaine asked that someone from Sundance’s Safety team be included in these CCWP Plans.

Discussion of wildland fires and our wildland crew ensued including the chipping and wildland training commencing at North Fork and our ability to be called out on wildland fires.  Chief Marsella will start education and pointers on social media regarding fires in the canyon.

Billings for EMS year to date is around $65,000 of that we have collected nearly $50,000 approximately an 85% collection rate.

#2 District Clerk Information

– Emily Johnson-District Clerk presented.  The December financial statements were emailed out to the Board prior to the meeting to review.  Yearly board certifications were discussed.  Emily announced that the final payment on the original bond taken out for the creation of the District was paid in full this month.

Joseph Martin-Controller presented.  Financial Reports for December 2019 were distributed to the Board prior to the meeting.  These are the financial statements that we are beginning our yearly audit with.  Deadline for audit is June 30th and we are working hard to make sure we have things competed before the due date.

Chart of accounts were reorganized; this was a time-consuming process.  Funds were closed that had no revenue and placed in funds with offsetting revenue and expense accounts.  There are some ongoing challenges due to the closing and combination of funds.  Adjustments to fixed and capital assets may still need to be made.  Joseph gave a brief description of the 2019 Financial Statements he has prepared that will be presented to the auditors.

#3 Water/Wastewater Report

– Aubree Durrant-Public Works presented.  Wastewater labs were received from last month’s testing.  Wastewater flows were at the lowest we have seen for a long time (Sundance has been closed due to COVID-19) samples tested at 5.6 lbs.  A resample was done at the beginning of May, Sundance did a soft open, the BOD came back at 45 lbs. after Sundance’s kitchens reopened.  Dr. Minton asked if during these low flows if we are running on one sewage basin instead of both basins?  Aubree reported we can run on one basin during these low flow periods.  Dr. Minton asked how the biology of sewage is acting?  Aubree stated its still very young bugs due to a heavy clean that was recently done.  While it’s slow heavy maintenance of basins, filters and cleaning off the sludge is taking place.  Duaine Dorton asked for the dates of the samples, Aubree stated the first test was April 12, 2020 and the second labs were taken May 3, 2020.  Dr. Minton gave brief overage of the sewage basins and its capacity and historical usage in order to bring the new Board member and public present up to speed.

At the beginning of the month after soft open at Sundance.  BOD came back 45 lbs.  Scott hart wanted the minutes to reflect both Aspen Grove and Sundance have been closed, Aspen Grove will be shut down completely until Aug 15th.  Aubree reports that water usage is down due to the COVID-19 closures but is happy to report 0% unaccounted water for the District.

SNOTEL data shows we are slightly below the average water snowfall; this year will tell us a lot.

Duaine Dorton congratulated the water department on unaccounted water being at 0% due to their hard work.  Duaine stated there was a leak by Sundance Resort art studio, he asked how big was it?  Aubree stated the meter was read 1 to 2 days prior to the day the found the leak, they speculate it was a 1-2 gallon a minute leak when comparing from last year’s usage data but also stated with the low water usage due to COVID-19, it’s hard to tell.

Dr. Minton discussed a letter he written and addressed to the Board in a prior meeting, which was his interpretation and summary of the wastewater situation between the District and Sundance Resort.  Dr. Minton wanted to outline some concerns and inform the Board of the current status prior to the wastewater permit renewal vote in August 2020.  Dr. Minton wanted everyone to be aware that a decision regarding compliance will have to be made and put in place prior to a renewal be granted to Sundance Resort.  Dr. Minton ask for the Board to submit any comments or concerns to him.  Duaine Dorton stated he agrees with the overall concept of the letter, but he was surprised by the letter as his understanding was Sundance Resort has been working with the District on this matter.  Duaine stated Sundance Resort wants to be Careful and measured as this is a costly project but being collaborative to resolve and fix the matter.  Dr. Minton stated he has concerns about offering a permit and being in compliance with State regulations.

Dr. Minton stated the purpose of the letter, which was directed to the Board making them aware that there has been no resolve to this 5-year project and the Board will be responsible to vote on whether reinstatement of a permit is appropriate.  Ryan Taylor-TO Engineer reminded everyone that all documents regarding this project are accessible to the Board and all involved engineers and staff members through the Shared WasteWater Dropbox.  Ryan stated that as the District’s on call Engineer, he has concerns that we are taking large steps back by reevaluation old information and not getting to the finish line due to circling back over old concepts or information.  There have been collaborative efforts between Sundance Resort and the District to come up with a cost-effective solution, but recently there have been conversation of “scrapping” designs and going back to better management projects which felt to him like a major reset on the project.

Gary Liddiard-Board inquired if Sundance Resort has met or discussed this issue, Duaine stated Sundance Resort representatives have met regarding the matter.  Gary inquired of Ryan Taylor-Engineer what the “hold up” was, if there was debate on the depth of the hole?  Ryan stated he feels that the engineers have worked together and that they have a solid plan, there remains a debate on the amount of storage that is needed for the wastewater equalization tank and Sundance representatives wanting to circle back on old plans or ideas that have already been vetted.

Other information:

None

Action Items

Approval of March 2020 Board Meeting Minutes (April meeting was cancelled due to concerns of COVID-19 pandemic)

– Duaine Dorton motioned to accept the March 2020 Board Meeting Minutes as written, Gary Liddiard second the motion, no opposed.  Unanimous vote and motioned passed.

Approval of Addendum to Water Moratorium 2019-1

– Dr. Minton stated all the Board should have received an updated version of the Water Moratorium Addendum with the suggested changes that were requested to review prior to this meeting.  All members of the Board acknowledged receiving and reviewing the Addendum.  Dr. Minton asked for any questions or input.  Discussions of the current water moratorium and the proposed addendum ensued.  Lee Kapaloski explained that the Addendum is a guideline for individuals that would like to come forward to be considered for water connections during the Water Moratorium.

Duaine Dorton stated paragraph 1 “may consider additional” seems subjective.  He wonders if it needs to be more strongly worded changing MAY to WILL.  Lee Kapaloski-Legal Counsel explained that his understanding of the intent for the Addendum was to clarify as to how people can come forward and propose for an approval of a will serve letter.

Duaine inquired about the addendum’s reference to “Review of applicant’s contractual agreements” and asked if that would include the 1982 contract and 2005 letter agreement between the District and Sundance Resort (agreements).  Duaine asked if they would be considered for water will serve approval.  Lee Kapaloski spoke of prior agreements within the District and its customers.  Lee stated he would argue that all customers need to be treated fairly and equally.  Stewart Olsen-Board stated that the “29 vacant lots” were bought and obtained in the pool of District water rights.  If Sundance Resort were to come to the Board with a proposal that the District wasn’t sized for that would be different scenario.  Duaine inquired if the agreements held water for Sundance?  Lee stated the agreements allows Sundance to bring in paper water and ask for will serve letter, part of the condition was there would need to be enough wet water in the District’s system based on engineering and standards being satisfied including delivery obligations.  At this time, we are evaluating if we have a water supply that can meet the physical water standards for people who have a legitimate and legal commitment of water owed to them.  All applicants will be reviewed based on commitments, the project itself, validation that applicants have gone through proper process through the County and if there is a legitimate proposal of building.  If someone has a proposal, the Board needs the opportunity review the proposals and make sure the proper criteria are being met.

JB-member of the community stated he is a builder.  He stated County is requiring proof of will serve prior to filing for permits.  If there is not a complete application, the process is difficult because a potential builder doesn’t know if their investment will be held up due to technicalities.

Stephen Miche-Public Works stated he emailed some comments to the Board regarding the drafted addendum.  Verbiage of remaining water rights under adjudication he wondered is that covered in paragraph 4.  Dr. Minton stated we would take that into consideration when reviewing each application.  Stephen felt adding this would state the reason for continuing the moratorium based on not enough physical water but being uncertain about water rights due to the Provo Canyon Adjudication taking place.  Stephen also asked if it should be stated in paragraph 2 who would be reviewing applications.  Whether it should it be just the Board, would there be a review committee including public works staff and engineers in order best inform the public who may inquire about the process.  Stephen Miche asked that a committee be created to decide who is involved with evaluating application proposals.

Dr. Minton asked if there were any other comments or suggestions based upon the changes that were discussed this evening.  Duaine Dorton stated he would vote no to an addendum because he feels it’s ignoring obligations the District has to Sundance.  Dr. Minton inquired of the legal counsel Lee Kapaloski if Sundance Resort could propose an application?  Lee stated “yes, just like everyone else”.

Stewart Olsen moved to accept the Addendum to Water Moratorium 2019-01 with the suggested changes, Gary Liddiard second with suggested changes.   Duaine Dorton no, all other aye.  Motion passed 5 to 1.  Lee will make the changes and send the edited motion to the Board for final approval.

Gary Liddiard gave a small summary of how his homeowners association (HOA) gives approval for building.  Discussion of HOA scenarios ensued.

Benjamin Rucker Water Moratorium Review

– Matter Tabled

Property Schedule Sign-off

– The new schedule of insurance was presented to the Board prior to board meeting.

Gary Liddiard motion to sign the updated property schedule for insurance security with the Utah Local Government Trust, Stewart Olsen second.  All aye, no apposed.  Motion passed.

Gary Liddiard motion to adjourn the May 2020 Monthly Meeting of the Board Stewart Olsen seconded all aye adjourn at 8:43 p.m.

  • Minutes noted and recorded by Emily Johnson-District Clerk.

Resolution 2020-01

NFSSD 5-14-2020 Draft 3

Check Register April 2020

Amb billing 20204-20

20 Monthly Water Report for Board