North Fork Special Service District

Hearings and Monthly Board Meeting

October 8, 2020 @ 6:00 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 hearing/meeting were 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 hearing/meeting in 3 separate public posts.

Wastewater Rate Hearing

 Board members present:

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

 Staff members present:

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

Public present:

Chris Storbeck, Chad Linebaugh, David Parker, Kurt and Nichole Berge

(Chad Linebaugh and David Parker left the meeting at 7:28 p.m.)

At 6:01 p.m. Dr. Stephen Minton-Chairman brought the hearing to order.

Discussions regarding the proposed rate change to the North Fork Special Service District’s sewer rates or RTE’s ensued until 7:30 p.m. at which time Stewart Olsen-Vice Chair motioned to leave the Wastewater Rate Hearing and enter into the Budget Hearing.  Duaine Dorton Seconded, all aye.

Discussions regarding the 2020 Revised Budget Hearing and 2021 Tentative Budget Hearing began at approximately 7:31 p.m.  At 7:58 Scott Hart motioned to leave the Budget Hearing and to commence the October 2020 Monthly Meeting of the Board of Officers.  Gary Liddiard seconded, all aye.

Monthly Meeting of the Board of Officers

 Board members present:

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

 Staff members present:

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

(Aubree Durrant left the meeting at 8:45 p.m.)

 Public Present:

Chris Storbeck, Kurt and Nichole Berge

 Proceedings:

At 7:58 p.m. The Monthly Meeting of the Board of Officers commenced.

Public Comments

– Kurt and Nichole Berge residents of North Fork, presented to the Board.  They have been granted water connections prior to the Water Moratorium and State Water Adjudication (years ago).  They had initiated a purchased of water rights, but the initial rights “fell through”.  They anticipate the purchase of new water rights to be finalized in the coming weeks.  They explained they are living in North Fork full time and they are asking the Board if they can advise them of a plan or solution so they can hook into the existing water lines on the property while the transfer of rights take place.  This would be stipulated as a temporary permit for the winter, the hook-ups and meter are already placed, it would just need to be turned on.  Lee Kapaloski-Legal Council discussed in length the process the Berge’s have been through with the State, water companies and water broker.  Lee stated there is potential water supply, but the equal treatment of customers was a legal question he couldn’t answer at this time.  Dr. Minton-Chairman asked that the Board discuss this further as an action item next month.  The District Clerk asked the Berge’s to fill out an agenda item form as the water they are expecting to purchase should be validated within the next 4 weeks.

Informational Items

#1 Fire/EMS Reports

– Fire Chief David Marsella presented.  Ambulance billings are close to $120,000 for 2020 through September.  The District has collected nearly $95,000, collection rates are 75% at this time.

Wildland billings are just over $245,000 for the year and the District has received $66,000 of that.

The average calls for September are 20 for the month, September 2020 there were 30 calls.  Some of those calls included; dump truck roll over, 2 motorcycles drove into the creek going down canyon and Life Flight has responded 3-4 times for hikers hurt or lost in the canyon.

The North Fork Wildland crew has just returned from a 14-day tour on the Neff Fire in Salt Lake City, Utah.  They will continue chipping until they finish the season, which is anticipated to be October 29th, unless they are called out on a wildfire.  Chief Marsella reported he attended the County Fire Chief’s Meeting today; the Forest Service was in attendance and reported the outlook for October is extremely warm and dry.  The Forest Service has brought out of State engines to Utah to back up their staff and extended Forestry fire staff until the end of the month.  Chief Marsella reported he has never seen the Federal Government do this in the past 25 years.  They are anticipating wildfires not only in Utah but in Southern California and Nevada.  Fire restrictions will remain in place until the 15th of October.  Chief Marsella believes that will be extended until the end of October.

Chief Marsella reported that District Engineer Ryan Taylor met with himself, Chris Storbeck, Scott Hart and Stephen Miche to discuss with architects’ ideas regarding plans for the station building/expansion.  He anticipates the results of that meeting and possibly plans will be provided in next month’s board meeting.  Reinforcement work was done on the existing rock wall that has been a concern due to shifting and movement.  This is a temporary fix for the winter.

Dr. Minton inquired about the firehouse expansion.  Chief Marsella stated the goal would be to expand the fire house and add 2 bays, a dorm room and day room above the bays.  The wall is a necessary fix, the question is if that’s incorporated into additional facilities and is cost effective, should we do it at the same time.  The firehouse cannot sustain its current operations in the current facilities, and it would benefit the community to have the equipment on site (not housed at UDOT station).  Discussion of prior firehouse plans and the retaining wall and how they could be funded were discussed.

#2 District Clerk Information

– Emily Johnson-District Clerk presented.  Emily stated the bank accounts have been reconciled for September.  We are entering into the 4th quarter of the fiscal year.  Emily reports there have been multiple properties being sold in the North Fork area recently.  There has been good communication with the relators and title agencies so properties are transferred properly.  Sundance Mountain Resort is hosting a Halloween Chair Lift event October 15th, customers of North Fork were notified via mail, email and social media.  All proceeds will be donated to the North Fork Fire Department.

Lee Kapaloski spoke about a seminar that he recently attended.  He discussed the wildland, physical water, the condos, drought reserve and fire protection for fire insurance purposes.  Brickerhaven and fire liability along with other wildland concerns were discussed.  This issue will be conferred further in November 2020’s meeting.

#3 Financial Information

– Joe Martin-Controller presented.  The Financial Reports were sent to the Board for review prior to this meeting.  Screen shots were displayed of the September 2020 Financial Reports.  Assets, Liabilities, Revenue and Expenses were shown in pie graph form.  Comparison of 2020 to 2019 were reviewed, Joe explained that the 2019 vs. 2020 was a conversion time of combining the chart of accounts in Caselle (non-revenue generating funds/departments were combined with revenue generating funds/departments).  Joe expressed that the District is in good shape.  He encourages everyone to review the reports and contact himself or the District Clerk if there are any specific questions.

 #4 Water/Wastewater Report

– Stephen Miche-Public Works presented.  Graphs and reports were distributed to the Board prior to the meeting.  Stephen stated he has spoken with Zions Bank regarding the Water Cost of Service Analysis, the hope is to have it completed in the following weeks.  The North Fork Community Water Committee is also working on a cost of service analysis to see if there any adjustments that can help in short falls in revenue.  Duaine Dorton asked if the modeling is completed, Stephen stated due to wastewater issues, he has not had the time to focus on that.  Ryan Taylor-District Engineer stated he believes the water model is done.  He is working with Stephen on the capital improvement list which is derived from the water model looking for inefficiencies and seeking corrections.

The grease trap phase 1 for the Sundance Resort is taking place, the tank has been installed.  The coating on the inside is anticipated to be finished this week.

Stephen stated he will be meeting with the Kurt and Nichole Berge and Aspen Grove to discuss the installation of a water line.  The Berge’s do have an easement for the water line where the connection will be made.  Development is anticipated for that area; a meter can will be placed without physically connecting the Berge’s until the time is appropriate.

Stephen explained that the fine screen they had (wastewater) was sourced from outside of the country.  They are seeking parts that they can get in the US (due to COVID-19 shipping from overseas has been affected).  He explained that he will be including BOD and FOG in relation to wastewater in the future board packets and information to stay on top of the Sundance Resort Wastewater Permit (Stephen displayed a chart of how the tested samples will be presented).  Duaine Dorton asked that this be distributed to Justin-Sundance Resort.  Stephen expressed they will be distributed at each board meeting.

 #5 Water Committee Board Report

– Chris Storbeck-Chairman of the North Fork Community Water Committee presented.  A report was submitted to the Board prior to the meeting to update them on committee progress.  There was a proposal in September 2020 Monthly Meeting of the Board to consider allowing multi property owners to combine their block one water and distribute it across multiple properties.  The committee unanimously recommended the Board reject that proposal based on the financial impact to the District and how that would affect other property owners.  The committee reviewed the financial and water situation for the current rate system.  COVID-19 was unexpected, we are on a balance budget this year but if future staff increases should take place a shortfall is likely.

Duaine Dorton inquired about the Forestry Well Project.  Chris stated although the Forestry had accepted the application, due to COVID-19 there has been no new developments.  Ryan Taylor stated he received a cost proposal from Loughlin regarding a source protection plan, it was just under $5,000.  Ryan stated he will follow up with that.  Discussion of taking out a loan/bond for the Forest Well Project and how the estimated $90,000 yearly note would affect fees in the District took place.

 Other information:

The NFSSD Board of Officers, staff and Community Water Committee will be doing a field tour tomorrow to review the history of the District’s water sources including old well and spring sites.

Action Items

#1 Approval of September 2020 Board Meeting Minutes

Stewart Olsen motioned to accept the September 2020 Board Meeting Minutes as written, Duaine Dorton seconded.  All aye motioned passed.

#2 Sewer Rates

A recommendation was made by Stephen Miche-Public Work Director based on the information discussed in the approximately 1.5-hour Wastewater Rate Hearing earlier this evening to increase the monthly cost per residential toilet equivalent (RTE) from $62.96 to $86.00 a month effective January 1, 2021.  Stewart Olsen-Vice Chair moved to accept this as a motion, Scott Hart seconded this motion.  Duaine Dorton abstained.  All other members of the Board aye, no nay.  Motion passed.

 #3 Transactional Review Costs

Lee Kapaloski brought this issue to the Board as people are requesting information of the District that at times requires legal and or engineering expertise and is being utilized at a cost to the District such as validity of water rights.

Discussions of the types of requests that have occurred in the past such as water right legality were had.  Garry Liddiard motioned that a minimum fee of $100 be charged for anyone seeking requests that require the District to use their own legal or engineering consulting.  Stewart Olsen asked that the District Clerk call the District Association to see what format they would suggest.  This matter has been tabled.

 #4 GRAMA Requests

Chief David Marsella explained the District has been receiving “phishing” GRAMA request that are time consuming to District staff and do not meet the requirements for the District to release information (vague requests).  It’s not uncommon for most organizations to charge a nominal fee for this service.  He explained the request form does have an option to request to have this fee waived for circumstances such as an investigation.  The charge would help eliminate “phishing” requests and unnecessary use of District staff resources.  Chief Marsella suggested a fee of $20.

The State form has already been available on the District’s website.  It has been vetted by the State of Utah and is a legal form.

Duaine Dorton motioned that the North Fork Special Service District will charge a $20 fee for any GRAMA request.  Scott Hart seconded; ally aye no opposed.  Motion passed.

 #5 2021 Employee Open Enrollment

The PEHP Employee Medical and Dental Benefits for 2021 were discussed.  A motion was not required as it was included in the 2021 Tentative Budget plans.

#6 Approval of 2020 Revised Budget

The District Clerked explained that this action item is to be accepted based on the information provided and discussions in the 2020 Revised Budget public hearing that took place earlier this evening.  This information will be made available to the public for one month and will be adopted/voted upon in the next monthly meeting of the Board.

Duaine Dorton motioned to accept the revised budget for 2020, Stewart Olsen seconded the motion.  All aye, no opposed.  Motion passed.

 #7 Approval of Tentative 2021 Budget

This action item is to be accepted based on the information provided and discussed during the Tentative 2021 Budget Hearing earlier this evening.

Stewart Olsen moved to accept the Tentative 2021 Budget, Duaine Dorton seconded the motion.  All aye, no opposed.  Motion passed.

Motion to close the October 2020 Monthly Meeting of the Board was made by Gary Liddiard, Stewart Olsen seconded, all aye no opposed.  Meeting closed at 9:47 p.m.

  1. Minutes noted and recorded by Emily Johnson-District Clerk.
  2. Agenda for Board Meeting 10-8-2020
  3. 09-2020 NFSSD Financial Statements (2)
  4. Fire Info October 10-8
  5. 09-2020 Wastewater chart BOD-FOG
  6. Monthly Water Report 10-8-2020
  7. October 2020 Board Report_wtrmrk
  8. Agenda-Item-Grama