MINUTES

Ash Creek SSD                                   Board Meeting                                    May 18, 2021

Present: Richard Hirschi, Kevin Tervort, Lynn Chamberlain, Kelly Wilson, and Justin Sip.

Staff: Michael Chandler, Fay Reber, Darrel Humphries, and Blair Gubler.

Audience: None

Prayer and Pledge: Richard Hirschi

Public comments: None

The minutes from the April 22, 2021 meeting were discussed.

Motion by Kelly Wilson to approve the minutes as written. Second by Justin Sip. Motion carried by unanimous vote.

Darrel talked about the ethics pledge that has been signed every year by both the board members and the district employees. The board members signed the ethics pledge.

Darrel talked about investing some of the savings in treasury bond through Moreton Asset Management. The money would still stay in bonds and investments approved by the state. It will take a few years to fund the ladder of investments. With the bond ladders, they will be maturing regularly and will either be reinvested or put back into the PTIF to be used for projects. With the PTIF’s low interest rate at the time, the staff is hoping this type of investment will smooth out the ups and downs of the PTIF interest rate by investing in some longer term bonds. Moreton Management and the Staff feel that 10 million dollars of the current PTIF amount could be invested and still leave the district with enough liquidity to handle anything that came up.

Motion by Richard Hirschi to invest up to 10 million dollars with Moreton Asset Management in state approved treasury bonds. Second by Kelly Wilson. Motion carried by unanimous roll call vote.

Mike talked about a waiver of monthly fee for people that qualify for the county’s property tax abatement program. The county program allows people to get relief from property taxes for income below $33,000.00. They could bring in the card stating their inclusion in the program and the district could waive the sewer monthly fee. Kelly did not feel like it was something the district should be doing. He felt there were other ways they can get the funds to pay their utilities. Kevin felt like this would give the district a way to address low income without having to check people’s income because the county had already done it. Mike said this came from discussions with developers. Justin thought it gave a way for the district to help without having to redo the work the county is doing. Lynn thought this helped the low income people without giving it to developers who are trying to get reduced impact fees. Kevin talked about unintended consequences and didn’t feel like it was something that needed to be changed. The item died from lack of motion.

Lynn said he would be out of town in July and asked if the board meeting could be changed.

Ash Creek SSD
Board Meeting
May 18, 2021
Page 2

Motion by Justin Sip to move the July board meeting to July 20^th. Second by Kelly Wilson. Motion carried by unanimous vote.

Mike reported an easement conflict that has come up in the Almond Heights Subdivision in Toquerville. An easement was approved by the City Council but not recorded until after one of the lots was sold. The landowners are frustrated with the restrictions of the easement. Mike thinks they will be in with attorneys to look for ways to get the easements off the properties. The board talked about trying to keep easements in the streets and out of property lines.

Mike talked about the crews using the sonar instead of cleaning trucks. because the trucks are not coming through the property, mike feel like there will be more buildings going up over time. The district is no longer allowing lines in private property that have turns.

Thursday will be the last day for the accepting applications for the assistant superintendent position. Mike is hoping to interview in June and have them start working in late July.  The board asked if any of the current district employees were interested. Mike said at this time no one was qualified to operate the treatment plant. There also has not been any interest from existing employees.

Mike reported that the triticale had a good cutting. Half was put into 700 pound bales. The large bales will be sold in an auction. Some is being saved for goats.

Mike will be talking with the state about the proposed treatment facility to get it approved in the next week. He will be requesting the process be looked at as an already approved facility that has been advanced.

Mike talked about new growth being proposed.

Motion to adjourn was made at 6:59 PM

AGENDA

PUBLIC NOTICE is hereby given that thisAsh Creek Special Service District Boardwill hold its regular meeting on Tuesday the 18day of May 2021 at the Ash Creek Office Building at1350 South Sand Hollow Road, Hurricane, Utah 84737

Commencing at 6:00 PM

1. Call to Order Lynn Chamberlain

2. Richard Hirschi Pledge of Allegiance & Prayer.

3. Public comments: Public Participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to go to the podium, state their name for the record and limit comments to a minimal duration and/or no longer than three (3) minutes.

4. Board comments and declaration of conflicts of interest.

5. Discussion and approval of minutes from the April 22, 2021 meeting.

6. Fay Reber 10 minutes       Discussion of legal matters.

7. Darrel Humphries 10 minutes                Discussion of Ethics Pledge for employees and board members.
8. Discussion and possible motion concerning District investment plan.

8. Michael Chandler 30 minutes               Discussion and possible motion concerning low income relief from monthly payments.
9. Discussion and possible motion concerning changing July’s meeting date.
10. Superintendent’s report on operational matters.

Posted this 13 Day of May 2021

Michael Chandler, Superintendent

MINUTES

Ash Creek SSD                                   Board Meeting                                    April 22, 2021

Present: Richard Hirschi, Kevin Tervort, Lynn Chamberlain, John Bramall, Kelly Wilson, and Justin Sip

Staff: Michael Chandler, Fay Reber, Darrel Humphries, Blair Gubler, and Kim Spendlove.

In Audience: Jilliene Gubler, Yovonne Spendlove

Prayer and Pledge: Kevin Tervort

Public comments: None

The minutes from the March 25, 2021 meeting were discussed. There were some questions about the expenditures from the month.

Motion by Kevin Tervort to approve the minutes as written. Second by Richard Hirschi. Motion carried by unanimous vote.

Darrel Humphries gave a report on the District first quarter financial data.

Mike Chandler reported on the progress of the property trade. The other property owners have completed their property purchase and have been given an agreement. It should be ready to execute in May.

The pioneering agreements are in the hands of the developers, but they will need to act soon as they have others who want to develop around them.

Mike reported he met with the Virgin Town Council and they have a copy of the agreement requesting annexation into the District. He does not think there will be any action this year.

Mike asked for approval to surplus two vehicles. The 2007 Impala, and a 2013 Ford F150 with a lot of miles. The estimated value of the Impala is about $4,800.00. The value of the truck is about $11,000.00.

Motion by Kelly Wilson to approve selling the surplus vehicles at the recommended prices. Second by John Bramall. Motion carried by unanimous vote.

Mike talked about low income housing. There was some discussion about having monthly fees waived. The county assessor has a tax abatement program for low income. Mike suggested having people who have qualified for the abatement program qualify to have the monthly fees waived. If they abatement was renewed yearly the district would be able to recertify the participants. He thought there should probably be a cut off of three to four total years the fees could be waived.

Motion by John Bramall to approve the staff working on an annual procedure for people who qualify through the county property tax abatement program for up to four years.  The fee waiver will be reviewed annually. Second by Justin Sip. Motion carried by unanimous vote.

Ash Creek SSD
Board Meeting
April 22, 2021
Page 2

Mike talked about the growth being proposed in the three cities. The Sand Hollow area, Copper Cliffs, LaVerkin East Bench, Confluence Park treatment area, and Toquerville bypass road were discussed.

Mike talked about the new extensions that have gone past homes. The homes are required to connect to sewer and pay the monthly fee. Mike would like to give the people a letter and a grace period to connect and start to pay the monthly fee. The staff will be preparing letters for those people who will have lines installed by their property.

Motion to adjourn was made at 7:15 PM.

AGENDA

PUBLIC NOTICE is hereby given that thisAsh Creek Special Service District Boardwill hold its regular meeting on Thursday the 22day of April 2021 at the Ash Creek Office Building at1350 South Sand Hollow Road, Hurricane, Utah 84737

Commencing at 6:00 PM

1. Call to Order Lynn Chamberlain

2. Kevin Tervort Pledge of Allegiance & Prayer.

3. Public comments: Public Participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to go to the podium, state their name for the record and limit comments to a minimal duration and/or no longer than three (3) minutes.

4. Board comments and declaration of conflicts of interest.

5. Discussion and approval of minutes from the March 25, 2021 meeting.

6. Fay Reber 10 minutes       Discussion of legal matters.

7. Darrel Humphries 10 minutes       2021 1^st quarter financial review

8. Michael Chandler 30 minutes               Report on property trade progress.
9. Report on Pioneering Agreement progress.
10. Report on Leeds/Virgin Sewer.
11. Discussion and possible motion approval of selling surplus vehicles.
12. Superintendent’s report on operational matters.

Posted this 20 Day of April 2021

Michael Chandler, Superintendent

MINUTES

Ash Creek SSD                                   Board Meeting                                    March 25, 2021

Present: Richard Hirschi, Kevin Tervort, Lynn Chamberlain, John Bramall, Kelly Wilson, and Justin Sip

Staff: Michael Chandler, Fay Reber, Darrel Humphries, Blair Gubler, Kim Spendlove.

In Audience: Bruce Dickerson, and Yvonne Spendlove

Prayer and Pledge: John Bramall

Public comments: None

John Bramall asked about the growth capacity in the bench lake area. Mike said there was capacity for everything that has been proposed. John said the city would like to see the district and cities work together for reuse of water.

The minutes from the February 25, 2021 meeting were discussed.

Motion by John Bramall to approve the minutes as written. Second by Justin Sip.  Motion carried by unanimous vote.

Bruce Dickerson came before the board to discuss a reduction or waiver of impact fees for his development at the Lone Rock Condos. He said they were low income homes that would only allow for two people or a small family. He felt like the fee was high for the flow they would be putting out. The units would be individually sold. Mayor Bramall thought the project was worthy of looking at. Lynn pointed out there were multiple units in each building. Fay said if a fee was adjusted, the District need to find a way to make up for those lost impact fees. Mike said there was not a mechanism for the district to make it up other than to start charging a property tax. The District was already charging the lowest fee it can charge by state law. The board talked about affordable housing only lasting for one generation of owner. They will sell it for a profit as the market value increases. The board talked about different ways the money could be recouped. Lynn thought the impact fees were not the main reason the costs were rising, and the board needed to make sure the district was collecting the fees needed. The board talked about the possibility of putting a lien on the property, so the District was paid when the home sold. Kevin thought the district’s impact fee was already low and was afraid of trying to have to work out an impact fee for every developer that wanted to get a lower fee. Lynn thought a policy would need to be made before any changes were made. Mr. Dickerson said there were other fees that have caught him by surprise, and they would make it work. He thanked the board for their time. Mike said it was an issue that would need to be addressed. He would like to see a way the District got the impact fee back when a home sold. Mike asked the cities to look at these types of requests and vet them to insure they were truly low income before they come to the district. The board talked about having Mike and Fay try to work out a new policy.

Motion by Justin Sip to direct the staff to work on a low-income housing policy. Second by Kevin Tervort. Motion carried by unanimous vote.

Ash Creek SSD
Board Meeting
March 25, 2021
Page 2

Mike reported on the property trad. The planning commission approved the zoning change for the District property. The developer has starting planning how the property will be subdivided.

Mike presented an engineering agreement for the confluence park treatment plant. Mike met with Bowen Collins to set the agreement for planning and building the confluence park, a new capital facilities plan, and a monthly rate study. The total fee of $1,312,000 is based on them doing most of the work. Mike felt the district would be able to do much of the work they have budgeted for. The fee goes through bidding for construction of the treatment plant. Construction management would be a different contract. The committee will look at the treatment technology next week. Mike explained the treatment process. Mike thought that the cost would be 15-18 million to build the plant and the engineering fee was in line with the cost of the project.

Motion by Kevin Tervort to approve the engineering agreement up to $1,312,000.00. Second by Kelly Wilson. Motion carried by unanimous roll call vote.

Mike discussed the May board meeting. Many of the employee will be out of town on the 27th The board to move the meeting to May 18.

Mike reported the cost of PVC pipe prices have gone up considerably. He wanted to look at pipe prices before going out to bid on the Reach 11 Project. They think the prices might go back down late summer.

Mayor Spendlove of Virgin has asked the district to annex the city into the district. The town does not feel they will have the people to develop a sewer system without the district doing it. This would give the district jurisdiction in the town. A similar situation might happen in the town of Leeds.

Motion to adjourn was made at 7:50 PM

AGENDA

PUBLIC NOTICE is hereby given that thisAsh Creek Special Service District Boardwill hold its regular meeting on Thursday the 25day of March 2021 at the Ash Creek Office Building at1350 South Sand Hollow Road, Hurricane, Utah 84737

Commencing at 6:00 PM

1. Call to Order Lynn Chamberlain

2. John Bramall Pledge of Allegiance & Prayer.

3. Public comments: Public Participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to go to the podium, state their name for the record and limit comments to a minimal duration and/or no longer than three (3) minutes.

4. Board comments and declaration of conflicts of interest.

5. Discussion and approval of minutes from the February 25, 2021 meeting.

6. Bruce Dickerson 10 minutes       Discussion and possible motion concerning impact fee for Lone Rock Condos.

7. Fay Reber 10 minutes                Discussion of legal matters.

8. Michael Chandler 30 minutes               Report on property trade progress.
9. Discussion and possible motion approving Confluence Park Engineering agreement.
10. Discussion of May 27, 2021 Board Meeting.

d..        Superintendent’s report on operational matters.

Posted this 23 Day of March 2021

Michael Chandler, Superintendent

MINUTES

Ash Creek SSD                                   Board Meeting                                    February 25, 2021

Present: Richard Hirschi, Kevin Tervort, Lynn Chamberlain, John Bramall, Kelly Wilson, and Justin Sip

Staff: Michael Chandler, Fay Reber, Darrel Humphries, Blair Gubler, Kim Spendlove.

In Audience: Yvonne Spendlove, Kayos Campos, and Gary Colf.

Prayer and Pledge: Blair Gubler

Public comments: None

The minutes from the January 28, 2021 meeting were discussed.

Motion by John Bramall to approve the minutes as written. Second by Justin Sip.  Motion carried by unanimous vote.

Kayos Campos from Habitat for Humanity came before the board to request a donation of the price of the impact fee. Mike explained the district is not allowed to waive a fee but can donate to a cause if the board feel it is needed.

Motion by Kevin Tervort to approve the donation of $2,600.00 to Habitat for Humanity. Second by John Bramall. Motion carried by unanimous roll call vote.

Gary Colf came before the board to discuss some property near the District’s hay barn. There is a sewer line on the property that has been abandoned. He would like to either use the abandoned line or would need to remove the line. They are also proposing changing the zoning to from general commercial to general commercial on the front of Sand Hollow road and ten lots per acre in the back along the District’s property line. He wanted to know if the district had objections to having high density there. Mayor Bramall was concerned with there being 40 units near the hay fields. He thought it would be better to only have five one acre lots than high density.  Mike talked about some of the other landowner plans that are being proposed. Mike was concerned about the amount of density that was being approved close to the district fields. He was afraid it would be difficult for the district to continue to farm if there were 40 units against the farm fence. Mike thought the general commercial was the best fit for the district. If the zoning was approved, he would request there be a buffer between the homes and the district fence. Gary said they would design it with a 30 foot buffer between his property and the district fence. Mike thought neighboring landowners should be worked with and there would need to be some give and take. He would rather work with someone than try to fight growth that will be coming. Blair said the grade of existing the pipe might work for the development, but the size of the pipe could be a problem because it is larger than 8-inch. If it didn’t work a smaller pipe size would be needed.

Motion by John Bramall to work with the property owner and not oppose the RM2 zoning with an understanding that a 30 foot buffer will be needed against the district fence. Second Richard Hirschi. Motion carried by unanimous vote.

Fay Reber presented a resolution that would make some adjustments to the impact fee schedule. The impact fee would not be changing just three of the categories. After looking at the impact fee for laundromats, the staff felt like the fee was too high. A study of other laundromats showed the fee should be lowered from $7,336 to $1,586 per washer. The other would only change the definition of group living facilities. A new impact fee for RV dumps would also be added. Darrel explained why the laundromat impact fee was lowering from  $7,336.00 to $1,586.00 per washer. Mike talked about the District growth strategies. The board talked about different ways to charge the impact fee for different sized homes.

Motion by John Bramall to approve the resolution adopting the new schedule. Second by Kevin Tervort. Motion carried by unanimous vote.

Darrel presented the Division of Water Quality’s 2020 Municipal Wastewater Planning Report. The report lets the district report on the conditions of the facilities, any  problems and growth plans. The board need to adopt the report before it can be sent to the DWQ.

Motion by John Bramall to adopt the 2020 Municipal Wastewater Planning Report. Second by Justin Sip. Motion carried by unanimous vote.

Mike talked about the pioneering agreements for Copper Rock, Pecan Valley subdivisions in Hurricane, and Desert Mountain in Toquerville. The agreements will allow the developers to recoup part of the amount the paid to extend the sewer or build pump stations used by other developers. Any developers who connect to the lines will need to pay a set amount before the district will approve any connection to them. He thought they would be ready for approval next month.

Mike talked about the committee to select an engineer for the Confluence Park treatment plant. The committee selected Bowen & Collens to be the engineers. He thought all of the consultants were close, but the local office gave Bowen & Collens an edge. Mike will be meeting with them to work out the agreement. Mike would still like to include the board as they look at the different types of treatment systems. There are some new technologies he would like to look at.

A Motion to adjourn was made at 7:15 PM.

.

AGENDA

PUBLIC NOTICE is hereby given that thisAsh Creek Special Service District Boardwill hold its regular meeting on Thursday the 25day of February 2021 at the Ash Creek Office Building at1350 South Sand Hollow Road, Hurricane, Utah 84737

Commencing at 6:00 PM

1. Call to Order Lynn Chamberlain

2. Blair Gubler Pledge of Allegiance & Prayer.

3. Public comments: Public Participation (no action will be taken on any item until it is properly agendized). Citizens wishing to speak during public participation are asked to go to the podium, state their name for the record and limit comments to a minimal duration and/or no longer than three (3) minutes.

4. Board comments and declaration of conflicts of interest.

5. Discussion and approval of minutes from the January 28, 2021 meeting.

6. Krista Longhurst 10 minutes       Discussion and possible motion concerning donation to Habitat for Humanity for impact fee.

7. Gary Coff 10 minutes       Discussion and possible motion concerning sewer access and zone change for property near District farm.

8. Fay Reber 10 minutes                Consideration and adoption of resolution amending the District’s impact fee schedule.
9. Discussion of legal matters.

9. Michael Chandler 30 minutes               Discussion and motion approving the Division of Water Quality Municipal Wastewater Planning Program.
10. Discussion and approval of pioneering agreements for Copper Rock, Pecan Valley, and Desert Mountain.
11. Discussion and approval of selection of Confluence Park Treatment Plant consultant.

d..        Superintendent’s report on operational matters.

Posted this 23 Day of February 2021

Michael Chandler, Superintendent