MINUTES OF THE DRINKING WATER BOARD MEETING HELD ON JULY 15, 2005 IN SALT LAKE CITY, UTAH
Board Members Present Guests
Dale Pierson, Chairman Mark Clark, Weber Basin WCD
Anne Erickson, Vice Chairman Dan Aubrey, Division of Water Rights
Ken Bassett Fred Nelson, Attorney General’s Office
Jay Franson Reed Bodell, Kennecott Utah Copper
Helen Graber, Ph.D. Russ Donoghue, Rural Water Association
Charlie Roberts Ying Ying Macauley, Jordan Valley WCD
Petra Rust Doug Nielsen, Sunrise Engineering
Ron Thompson Jim Talbot, Mayor, Meadow Town Lynn Wall, Wall Engineering
Brady Theurer, Rural Water Association
Myron Bateman Darrell Holden, Vernon Waterworks
Laurie McNeill, Ph.D. Patricia Holden, Vernon Waterworks
Dianne Nielson, Ph.D. John Chartier, Sunrise Engineering
Claudia Wheeler, Metropolitan Water District of Salt Lake and Sandy
Ken Wilde
Rich Peterson
Merrit Fisher
Ken Bousfield
Linda Matulich
The Drinking Water Board convened in Salt Lake City, Utah with Chairman Pierson presiding. The meeting was called to order at 1:00 pm.
Chairman Pierson introduced Ken Bassett and Helen Graber as new members of the Board. Ken Bassett and Helen Graber gave some background information about themselves.
Chairman Pierson mentioned Ken Wilde is sitting in for Kevin Brown today. Chairman Pierson asked Ken Wilde to call roll of the Board members. The roll call showed there were 8 members present at the time.
Chairman Pierson welcomed everyone and asked the guests to introduce themselves.
Chairman Pierson stated a motion to approve the May 13, 2005 minutes would be in order.
Charlie
Roberts moved to approve the May 13, 2005 minutes.
Petra
Rust seconded.
CARRIED
(Unanimous)
1) Status Report
Ken Wilde reviewed the “State Loan Fund” report. The report was prepared after the final bond
payment was made. The Board bonded for
several million dollars, a few years ago, for the State SRF Loan Fund. The final $1,000,000 plus payment was made
on June 1, 2005.
The Board has $3,500,000 in the State SRF Loan Fund and a
little over $500,000 in the Hardship Grant Fund, giving the Board a little over
$4,000,000 in the State SRF Loan Fund.
The State SRF Loan Fund report is projected out for the next 12
months.
Staff had a loan closing with the
Town of Manila about 2 weeks ago.
Garden City was trying to prove they didn’t need to build a water treatment plant for their water source. Garden City had a compliance agreement with the Division to run some tests and monitor the water quality of their springs in hopes they could use the Federal Government filter avoidance criteria to avoid building a water treatment plant. Garden City wasn’t able to meet the criteria. Ken Wilde said he and Ken Bousfield gave an update to Garden City’s Council at their Council meeting last night. They also told Garden City that Division staff would work with them and their engineer on their project.
Ken Wilde mentioned staff received a capitalization grant of about $8.3 million for the Federal SRF Loan Fund. Ken reviewed the “Federal SRF Chart” and the “Projects Authorized - But Not Yet Closed Chart”. The Federal SRF Loan program has a little less that $10,000,000 that has not been authorized. Ken reviewed the Market Outlook article on “Water is Cheap – Ridiculously Cheap!”
Discussion followed.
2) State SRF Applications
a) Meadow Town
Rich Peterson handed out some new information on Meadow Town that staff received after the packet was mailed out. The engineers discussed the new information. Under the current package of $770,000, Meadow Town qualifies for up to a 37% grant, based on the 1.75% criteria for their water bill. By adding additional facilities to their project scope, they will be able to receive a 47% grant. Their MAGI is 72% of the State MAGI. There is a lot of new information in the packet handed out today. Staff recommended a 53% loan and a 47% grant, which comes out to a $492,000 loan at 3.04% for 20 years and a $430,500 grant. This includes a planning loan that the Town of Meadow received a couple of months ago.
Jim Talbot, Mayor of Meadow Town, and Lynn Wall, Wall Engineering addressed the Board. Meadow Town is the ninth (9th) poorest community in Utah.
Discussion followed.
Ron Thompson moved the Board
authorize staff’s recommendation of a financial assistance package of a
$492,000 loan, which includes the planning loan of $7,500, at 3.04% interest,
give staff authority to adjust the loan payments to absorb the FHA payments, to
keep annual loan payments even year-by-year, may extend repayments to 25 years,
and a grant of $430,500 with instructions for staff to work with the Town of
Meadow on a payment schedule to accommodate the $40,400 loan.
Jay Franson seconded.
Discussion on motion.
CARRIED
(Unanimous)
3) Federal SRF Applications
a) Vernon Waterworks
Merrit Fisher gave some background information on Vernon Waterworks and Vernon Town. Vernon Waterworks is requesting a $17,000 planning loan from the Federal SRF loan program. Since Vernon Waterworks is a privately owned system, they don’t qualify for a State SRF loan. Vernon Waterworks is helping Vernon Town out with the project. Vernon Town received a loan from the Board at the January 18, 2005 Board meeting. When Vernon Waterworks becomes a Special Service District, Vernon Town will no longer need the loan. Vernon Town will then request the Board deauthorize the loan. Vernon Waterworks will then apply for assistance from the Board to cover the deauthorized loan.
Discussion followed.
Darrell Holden, Mayor of Vernon, and John Chartier, Sunrise
Engineering addressed the Board.
Jay Franson moved the Board
authorize the SRF Conservation Committee’s recommendations of a $17,000
planning loan at 0% interest to be repaid over 5 years (taken from second round
funds). This loan may be rolled into a
larger loan if funding for a construction project is authorized at a later
date.
Dale Pierson seconded.
CARRIED
(Unanimous)
b) Project Priority List
Merrit Fisher reported Portage Town was added to the Project Priority List. Portage is planning on developing their Upper Spring and adding 4,000 feet of transmission line, redeveloping their Lower Springs and adding 12,000 feet of distribution line, and constructing a new 500,000-gallon storage tank. The total cost of the project will be about $1,535,000. Portage Town is highlighted, and is toward the end of the project list.
Ron
Thompson moved the Board approve the updated Project Priority List.
Dale
Pierson seconded.
CARRIED
(Unanimous)
Fred Nelson, Attorney General’s Office, was asked by Dianne Nielson to review the Ethics Act and Conflicts of Interest packet, dated April 6, 2005, with the Board. A copy of the Ethics Act and Conflict of Interest form is in the Board packet for review as well. There are some minor changes in the packet, due to a recent change in the Governor’s Administration.
Discussion followed.
COMMISSION
Item 7 and 8 were combined.
COMMISSION
Chairman Pierson stated a motion would be in order to reappoint James Callison and Jay Franson to another term on the Operator Certification Commission; and reappoint Frank Mills and Jay Franson to another term on the Cross Connection Control Commission.
Ron
Thompson moved the Board authorize staff’s recommendation of reappointing James
Callison and Jay Franson to another term on the Operator Certification
Commission; and also reappoint Frank Mills and Jay Franson to another term on
the Cross Connection Control Commission.
Charlie
Roberts seconded.
CARRIED
(Unanimous)
Anne Erickson had a couple of concerns: 1) the time limit that the Commission members serve on both of the Commissions, and 2) the fact that there aren’t any women serving on either Commission.
Discussion followed.
Ken Bousfield mentioned the proposed changes for Rule R309-100 were published in the Utah Bulletin and on the Division’s website with the comment period opening on June 15, 2005 and closing on July 15, 2005 at 5:00 p.m.
Ken mentioned comments have been received in the office after the time the Board packet was sent out, but before the close of the comment period, which closes today at 5:00 p.m.
Discussion followed.
Item 9 and Item 10 a, b, and c were combined in the same motion.
Ron Thompson moved the Board table Item 9 and Item 10, a, b and c until the public comment period has been closed. After the comment period has closed, staff will bring Item 9 and Item 10 a, b and c back to the Board at the next Board meeting for final approval.
Comment on motion: The Board and staff can convene and hold a teleconference to final Items 9 and10a, b and c if they need to.
Helen Graber seconded.
CARRIED
(Unanimous)
R309-100, R309-110, R309-200, R309-3205, R309-215, R309-220, R309-505,
AND R309-535
Item 10 a, b and c were combined with Item 9 on the motion.
b)
UTAH GUIDELINES FOR APPROVING MANAGED POINT-OF-USE OR POINT
OF ENTRY TREATMENT
Item 10 a, b and c
were combined with Item 9 on the motion.
c) TREATMENT AND MONITORING REVIEW PROTOCOL
Item 10 a, b and c were combined with Item 9 on the motion.
PRESSURE
Bill Birkes reviewed the amendments made in the Minimum Water Pressure Rule. Bill found 7 different places in the document where “20 psi” is listed. The proposed changes in the guidance statement don’t have to be open for publication with the Division of Administrative Rules. The guidance statement can be used to help when it is needed. The sections that have the proposed changes are in the Board packet. Pressure and sizing of the pipe were a big a concern.
Ron Thompson mentioned he’d like to see a couple of changes made in the Rule; (1) set a new date, and (2) set the PSI at a common standard.
Ron
Thompson moved the Board approve the Minimum Water Pressure Rule with the
changes that the effective date of the Rule will be the effective date of its
adoption and that the final paragraph be changed to read: “Existing public water systems expanding
their service areas shall meet the above criteria in the new service area, and
shall modify services and the remainder of their system to meet the above
criteria on or before July 1, 2015. In
addition to the adoption of the rule, staff is instructed to calculate the cost
of modifying all of the systems in the State so that all of the systems are
qualified under the Minimum Pressure criteria if all of the systems are
required to comply with the Rule.
Discussion on motion.
Jay Franson seconded.
Fred Nelson addressed the Board on their concerns with the Minimum Water Pressure document.
Discussion followed.
Fred Nelson will provide staff with specific language for the Minimum Water Pressure document prior to the September 9, 2005 Board meeting.
Ron
Thompson moved to withdraw his motion, and have the following substitute motion
instead: Ron Thompson moved to table
this agenda item, and have staff come back to September 9, 2005 Board meeting
with a new proposed rule.
Ken
Bassett seconded.
CARRIED
(Unanimous)
a) Welcome New Board Members:
1) Ken Bassett
2) Helen Graber
Chairman Pierson welcomed Ken Bassett and Helen Graber to the Board.
Chairman Pierson mentioned Chris Webb was a member of the SRF/Conservation Committee when he was on the Board. There is now an opening on the SRF/Conservation Committee needing to be filled.
Chairman Pierson mentioned Ron Thompson expressed a desire to serve on the SRF/Conservation Committee. Ron Thompson will serve on the Committee.
Chairman Pierson introduced Brady Theurer. Brady is a new staff member at the Rural Water Association of Utah. Brady will handle the Source Water Protection program for the Rural Water Association.
Brady Theurer addressed the Board.
Russ Donoghue addressed the Board. Russ mentioned the Conservation Committee is having a news conference today at 12:30 p.m. The Lt. Governor was a speaker at the conference. Channel 2, 4 and 5 staff was in attendance. There was an article in the newspapers today about the Conservation Committee news conference and their current issues.
a) Twenty-five (25) Drinking Water Systems of Interest
Ken Wilde mentioned the Twenty-Five Drinking Water Systems of Interest is in the packet for review. Ken brought the Board up-to-date on No. 1 - Fifetown Water System issues.
b) Staff Update
Ken Wilde mentioned there is a current Board Roster in the
packet. There is also an Organizational
Division Chart, a list of staff with their phone numbers and website addresses,
and a list showing what staff is responsible for in their Section.
The news articles are in the packet.
The letters are in the packet.
The update is in the packet.
Clyde Watkins, Rural Water Association of Utah, addressed the Board.
Clyde mentioned after the public hearing at the last Board meeting, he met with David Hansen and his father to make plans for training and testing on-site for them. Clyde updated the Board on what Rural Water is doing to help Dave Hansen out. Clyde mentioned he would update the Board at the September Board meeting on any further progress.
Ron Thompson thanked staff and the Rural Water Association of Utah for helping the water systems in the state.
The next Drinking Water Board meeting is scheduled for September 9, 2005 at 168 North 1950 West, Room 101, Salt Lake City, Utah. There will be a work meeting in the morning.
No other business.
Chairman Pierson stated a motion to adjourn the meeting was in order.
Charlie
Roberts moved to adjourn the Board meeting at 3:00 p.m.
Petra
Rust seconded.
CARRIED
(Unanimous)
Linda Matulich
Recording Secretary