The Francis Town Council convened in regular session on Tuesday, April 15, 2008 in the Francis Town Recreation Building. Mayor John Bergen called the meeting to order at 6:00 PM.
Present: Mayor: John Bergen
Council: Greg Averett
Tim Butikofer
John Keyes
Lee Snelgrove
Town Clerk: Lynette Hallam
Attorney: Kraig Powell
Planner: Alison Weyher
Others attending: Tal Adair, Ace Allak, Kit Burton, Randy Butters, Kristi Major, Bruce Riches, Courtney Thomas, Dale Thomas and Luke Thomas
Not attending: Scott Kettle, Engineer
Convene in General Session
Mayor Bergen indicated those in attendance - Staff: Kraig Powell and Alison Weyher, Town Clerk Lynette Hallam, Council Members Averett, Butikofer, and Keyes, Mayor Bergen. Lee Snelgrove arrived soon thereafter
Adjourn to Executive Session - Personnel Issues
Tim Butikofer made the motion to adjourn to executive session. John Keyes seconded the motion. Motion passed unanimously.
The Council adjourned to executive session to discuss personnel issues.
Reconvene in General Session - 7:05 PM
Mayor Bergen called the Council meeting to order at 7:05 PM.
Consent Agenda - Approval of Town Council minutes - 3/18/08 Council meeting
John Keyes made the motion to approve the March 18, 2008 minutes. Lee Snelgrove seconded the motion. The motion was approved by a unanimous vote. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Mayor Bergen reported as a follow-up to last month's meeting that Jason Averett is working to replace plugs in the Town office trailer to make it safer.
Request - Water shares for Summit Haven Estates
Alison Weyher referred to a handout that is given to applicants for building permits which states that applicants who are "not in a subdivision which has already submitted the shares" and water shares are not available, a fee in lieu of $5500 will be accepted. Ms. Weyher reported that Ace Allak has ten acre-feet of water and his subdivision has twelve lots. Mr. Allak wants to submit the ten-acre feet of water and pay the fee-in-lieu for the two other acre-feet required.
Scott Kettle's response e-mailed to the mayor and staff was reviewed by Ms. Weyher. Mr. Kettle recounted that we had done the fee-in-lieu for one-lot subdivisions, but his understanding was that the larger subdivisions need to supply their own water. Mr. Kettle felt it was a bad idea to set this precedence because other developers are having a difficult time coming up with the required shares of water. Mr. Kettle wondered if the developer was just looking for the cheaper alternative; he stated there is water out there to purchase if they will pay the going rate. Mayor Bergen opined if the Town is going to do this, they need to charge enough to try and buy shares at a future date. The mayor agreed that water prices are going up at a terrific rate.
Greg Averett felt that the fee in lieu should be whatever one acre-foot of water is selling for at this time. John Keyes suggested that if the fee in lieu was cheaper people would pay that fee and hold their shares as the price continues to go up. The mayor recommended denying this request and going back to rework the water policy. Lee Snelgrove recommended tying the fee in lieu to the current price of water. Mr. Snelgrove commented that the intent of the fee-in-lieu was for people who had land but did not have water with it.
Kraig Powell commented that prior to two days ago he had not seen the building permit fees handout. If the Town has a policy to do this, people could assert their rights under that policy and make the Town give them the water. Mr. Powell did not think that is required of the Town and there is a basis to deny the request before the Council. The handout is not an ordinance which the Town has enacted. Section 1.13.3.2 of the Development Code says under water requirements, "Proof that an applicant has a final order from the State Engineer changing the use of the applicant's water rights to municipal use and changing the point of diversion of the water rights to a Francis Town well, in an amount sufficient to satisfy the requirements of this Code." Mr. Powell said that in his tenure with Francis Town that is what has been used as the standard. The attorney continued that the Code does say after that section, ". . . or tender sufficient funds to purchase those rights should the Town have offered to sell water rights to the Applicant." That is what the Town has used as the standard for people turning over water rights for development. The attorney addressed the matter if the Town should have offered to sell water rights to an Applicant; cities are not allowed to sell water rights. If it is a water hookup or connection that is being purchased, that is allowed. If the applicant is not turning in water rights, the Town is not allowed to give them a hookup unless there is a very specific policy. Towns are allowed to lease water at an amount equaling the market rate. Mr. Powell reported that a quick review does not comport that any other development working with the Town has been allowed to pay a fee in lieu. This is not a vested right or a development right; and the Council is justified in denying it.
Mayor Bergen outlined that an assignment has been given to the Staff to update permit and procedure fees.
Ace Allak detailed he is asking for this concession because with the development he received one share of Washington Irrigation water, which equals ten acre-feet in the well. Mr. Allak indicated he is working with a contractor on this development who wants to jump into this development as soon as possible and is willing to pay whatever is necessary to get the Town is willing to let him to pay the fee for the two additional shares.
Alison Weyher pointed out there was another gentleman in the audience with a twelve-lot subdivision who could record it today if he had the water shares. Ms. Weyher was worried about the precedence that would be set.
Kraig Powell indicated he didn't know what water rights the Town has to even be able to approve this at this time. To avoid preferential treatment, Mr. Powell recommended the request needs to be denied.
John Keyes commented the Council to be really careful with what water Town has and keep the extra which may be needed in the future. Even to build a Town hall will require putting water in the well. Mr. Keyes indicated he was against leasing water because the water would not be in the well. A lease is not forever, and the Town needs to cover the need.
Greg Averett opined that there is sufficient water available if we continue on the course that has been followed in the past; and when developers come, they should bring the water.
Ace Allak contended the Town has a responsibility for the information that is being handed out. Kraig Powell defined there is a difference between what is in a handbook and a governing law; the Town is not bound by it.
Lee Snelgrove motioned to deny the request from Ace Allak and set a policy next month concerning the matter. John Keyes seconded the motion. The motion passed unanimously. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Continued Item - Regarding setting cost of living and merit raise guidelines for CY 2008
Kraig Powell pointed out that this item had been discussed at the last meeting. The amendment would amend #13b(1}of the Personnel Policies & Procedures Manual to read, "an employee working at least 50% of full time per pay period may be eligible for benefits as recommended by the mayor and approved by the Town council."
John Keyes stipulated that there needs to be something in the clause that the employees sign an agreement if funding won't allow benefits they will not receive paid benefits as now outlined.
Kraig Powell read the language he drafted for page 46 - Section XVI Benefits Sub point 3 - Insurance 3a reads "Medical Health Insurance - It is the policy of Francis Town to pay the cost of health insurance for each individual full-time employee and all of their family's." The amendment proposed by Mr. Powell would read, "Medical Health Insurance - It is the general policy of Francis Town to pay the cost of health insurance for each individual employee and all of their family; however, this is not a guarantee and is subject to modification by the Mayor and Town Council in the exercise of their discretion and subject to funds availability."
Ordinance #2008-04 - Possible approval of an ordinance to amend certain provisions of the Francis Town personnel policies and procedures manual regarding employee leave and benefits
John Keyes made the motion to adopt the amendment to the Policies and Procedures with the amendment suggested by Kraig Powell. Greg Averett seconded the motion. Motion passed unanimously. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Concerning the next matter of the wage adjustment, John Keyes voiced his opinion that it had been thoroughly discussed
Ordinance #2008-05 - Possible approval of an ordinance adjusting the compensation of certain Francis Town employees
John Keyes made the motion to approve the ordinance adjusting the compensation of certain Francis Town employees. Greg Averett seconded the motion. The motion passed unanimously. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Bid Opening - Open and award bid for park pasture ground
Mayor Bergen opened the bid for the pasture east of park. There was only one bid submitted which was from Cory Fitzgerald for $300.
Greg Averett motioned to award the park pasture lease to Cory Fitzgerald. Lee Snelgrove seconded the motion. The motion passed unanimously. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Mr. Averett amended the motion to indicate the lease begins at a certain time and ends at a certain time, Mr. Fitzgerald is responsible for the irrigation of the property and maintaining the fences. The amendment was approved unanimously.
Bid Opening - Open and award bid for sewer pasture ground
Some discussion ensued concerning the pasturing of animals during construction as the sewer plant goes in. The Town Clerk indicated that Scott Kettle had felt that if an electric fence goes in to keep the animals off the access road it would be acceptable. John Keyes pointed out the water for livestock is on the east side of the access road and the animals would be fenced out of that access.
Mayor Bergen asked Tim Butikofer to meet with Scott Kettle and determine what contract would need to be made and get them to the office so the contract can be drawn up.
Greg Averett asked if the Council will take highest bidder of the three bidders or the one who will do the best job of maintaining the pasture. John Keyes pointed out that the contract states if Town employees do the watering, a charge of $25 an hour will be charged to the lease holder. Mr. Keyes also pointed out that the water needs to be used to keep the pond levels down.
Mayor Bergen opened the bids for the sewer pasture.
Bill Leavitt bid $4,050. The bid included $200 per month with added value of grading the road, harrowing the pasture and repairing the fence.
Tim Atkinson bid $40 per acre per year.
Kaycee Simpson bid $330 month, $3,960 per year
Lee Snelgrove pointed out that if the Council opts to take the most dollars in the coffers, they would eliminate the upgrades Mr. Leavitt is proposing. Greg Averett felt the worth of services and money bid makes Bill Leavitt's bid the highest bid.
Tim Butikofer motioned to accept Bill Leavitt's bid. Lee Snelgrove seconded the motion. The motion passed unanimously. Voting in favor: Mayor Bergen, Greg Averett, Tim Butikofer, John Keyes and Lee Snelgrove.
Greg Averett said that in the future there needs to be some clear rules of what will be accepted as a bid. It was suggested that the improvements proposed by Mr. Leavitt be included as part of the lease he will be required to sign
Planning Commission Vacancy - Possible approval of an individual to fill the vacancy on the Planning Commission
Mayor Bergen reported one letter of interest has been received. The mayor indicated he will have an interview with person bring a recommendation next month. The Council agreed with that proposal.
Update - Neighborhood Meeting report - Alison Weyher
Alison Weyher gave some background information of what has been happening with the neighborhood surveys and meetings. Some of the things discussed at the Wild Willow meeting included stop signs, street lights, loose dogs and parking in the roadway.
Ms. Weyher covered the results of the meeting of SR35 and SR32 neighborhoods. It was agreed that the Highway Patrol truck safety enforcement officers would conduct random patrols along Springhollow for trucks exiting the gravel pit. The officer at the meeting also agreed to talk to UDOT about reducing the speed limit on SR32 and making the speed limit more uniform along the whole Kamas Valley. Alison Weyher reported that there have been some speed traps along SR32 and SR35.
Alison Weyher reported there has been a request that the Town enact an ordinance restricting the use of air brakes in the Town. As to enforcement, Sheriff Edmunds has suggested to get the license plate numbers on the truck and talk to the safety officer at the trucking company and also turn those numbers into the sheriff's office.
Ms. Weyher indicated there was also some talk about spring cleanup at some areas where there is a lot of junk and possibly getting the Scouts to help where appropriate and agreed to do follow up on that.
Alison Weyher stated all the meetings have been incredibly positive, but speeding has been the number one concern. Right now we are getting a high visible presence from the Highway Patrol and the Sheriff's department; in the long term, that will probably not continue. As to a speed board, if the town owned their own it could be more available for use. Ms. Weyher asked for authorization to look into that possibility. Greg Averett reported he had looked into the speed boards; he felt it needs to be moved around so that people do not become complacent about it. Mr. Averett stated he had looked into a sign that was $5,500; it requires a $250 base to be set wherever a sign is needed. The sign can be unbolted and moved around. That sign is solar powered, is fluorescent green and flashes your speed and the speed limit. Greg Averett added that there is a range of prices for the trailers. It costs about $1500 for the trailer and then the batteries and sign would need to be purchased. Luke Thomas versed concerns over durability when moving the sign to the different bases. Greg Averett indicated the companies he looked at have come a long way to modify the signs to make them more durable. The signs have a solid Plexiglas over the LCD. The LCD lights are warranted. Mr. Averett conceded they are expensive, but if we are going to meet the needs of the citizens we need to look at options.
John Keyes reported he has discussed with Scott Kettle the possibility of cutting the road to create hazard rumble strips. Mayor Bergen suggested looking at all the options and having further discussion in the future. John Keyes reported he has ordered needed stop signs.
Alison Weyher offered to get bids for the portable speed control signs.
Tal Adair asked the difference between signs and portable speed bumps. Greg Averett replied he didn't know the cost of the different options.
Discussion Item - Budget and Financial Statement
Mayor Bergen shared a letter received from the State Auditor indicating the Town's financial report was in substantial compliance with all State regulations.
Lynette Hallam requested that the Council Members submit their budget figures by May 12th.
Department Reports
Mayor Bergen discussed a report from the Mountainland AOG concerning population projections. .
Alison Weyher reported Summit County has now developed a sewer conservancy plan and read the resolution. Summit County is looking at requiring any development of two or more lots to have some sort of sewer system. After 25 homes were hooked on to a system, the system would need to be reviewed. Greg Averett asked if the County anticipated forming their own special conservancy district. Ms. Weyher answered the resolution has already been passed.
John Keyes stated that Evva Atkinson has passed away; her family has indicated that Evva's request was that the Town have the first option to buy the property north of the Town Park which contains four acres. Before Francis Town bought the Prescott property east of the park, they offered the Atkinsons $27,000 an acre for the property. Mr. Keyes indicated he did not know what the property will be worth at this time. Mayor Bergen reported he had talked to CIB about loans at the rate of 1% to 2 %. There is a pretty good chance to get a loan and put in a new Town office. It would also afford the opportunity to widen the road going to the rodeo arena. The Council agreed to authorize the mayor to go forward and begin negotiations for the property.
John Keyes revisited the possibility of a shed for the Town equipment. Mayor Bergen reported Luke Thomas had suggested putting the shed on the property east of the park and access on the road from SR35; John Keyes agreed. Snow removal would be easier on that road to access the shed. Lee Snelgrove pointed there would be a greater expense to put in a restroom. Greg Averett suggested just putting power in the building at this time. The mayor recommended getting prices on the building and a cement slab to put it on. Lee Snelgrove opined putting it out for bid will save the Town money. Mr. Snelgrove suggested getting the specs and putting the project out for bid. Greg Averett said it should be specified on a concrete slab and with electricity. The concrete needs to be high enough to curb the rust factor. It was suggested that the doors twelve to fourteen feet high, with two doors---one on each end. Mr. Averett suggested two doors for equipment in and out and a man door.
Approve payment of bills and Adjourn
Greg Averett motioned to approve payment of the bills and adjourn. John Keyes seconded the motion. Motion passed.
The Francis Town Council meeting adjourned at 8:19 PM.
These minutes were approved at the May 20, 2008 Council meeting.