2022.08.10 TC AGENDA & MINUTES

September 15, 2022 By


Town of Leeds Town Council

Wednesday, August 10, 2022

PUBLIC NOTICE is hereby given that the Town of Leeds Town Council will hold a PUBLIC MEETING on Wednesday, August 10, 2022, at 7:00 pm. The Town Council will meet in the Leeds Town Hall located at 218 N Main, Leeds, Utah.

Regular Meeting 7:00pm

  1. Call to Order/Roll Call
  2. Pledge of Allegiance
  3. Declaration of Abstentions or Conflicts
  4. Consent Agenda:

       a.  Tonight’s Agenda

      b.   Meeting Minutes of July 13, 2022.

      5.   Citizen Comments: No action may be taken on a matter raised under this agenda item. (Three minutes per person).

6.   Announcements:                        

a. Constitution Week, September 17-23, 2022

b. Update Regarding Leeds Main Street Drainage Improvement Project

c. Resignation of Commissioner Mark Rosenthal, term ending June 30, 2024

d. Dumpster Days, September 2, 3, & 4, 2022, dumpsters located on Cherry Lane

7.   Public Hearings: None

8.   Action Items:

                  a. Discussion possible action on regarding Angela Rohr as an alternate planning


9. Discussion Items:

                        a. Fourth Quarter Budget Review                        

10. Citizen Comments: No action may be taken on a matter raised under this agenda item. (Three minutes per person).

11. Staff Reports:

12. Closed Meeting- A Closed Meeting may be held for any item identified under Utah Code section 52-4-205.

13. Adjournment

                        The Town of Leeds will make reasonable accommodations for persons needing assistance to participate in this public meeting.  Persons requesting                       assistance are asked to call the Leeds Town Hall at 879-2447 at least 24 hours prior to the meeting.             

                        The Town of Leeds is an equal opportunity provider and employer.

                        Certificate of Posting;

The undersigned Clerk/Recorder does hereby certify that the above notice was posted August 8 , 2022 atthese public places being at Leeds Town Hall, Leeds Post Office, the Utah Public Meeting Notice website http://pmn.utah.gov, and the Town of Leeds website www.leedstown.org.


Aseneth Steed, Clerk/Recorder

Town of Leeds

Town Council Meeting for

Wednesday, August 10, 2022

Regular Meeting 7 PM

1. Call to Order:

Mayor Hoster called to order the regular meeting of the Leeds Town Council at 7:06 PM on Wednesday, August 10, 2022. This was an in-person meeting with an electronic option. Town Planner Scott Messel was not in attendance.


















2. Pledge of Allegiance: Councilmember Wilson

3. Declaration of Abstentions or Conflicts: None

4. Approval of Consent Agenda

Councilmember Cundick moved to approve tonight’s agenda second by Councilmember Wilson. Motion passed in a Roll Call Vote.
















Councilmember Hunsaker moved to approve meeting minutes of July 13, 2022. Second by Councilmember Stirling. Motion passed in a Roll Call Vote.
















5. Citizen Comments:

Mike Warren: I live at 120 South Valley Road. What I need to talk about is our water problem from flooding. They have alleviated a lot of it. You were down there the other day with Anthony. Couple of questions. Are they going to close those ditches or leave the ditches open? Right there at Leeds RV Park right across the street. We had a pipe that was plugged on the west side. It came within an inch to come in in my house. It flooded the young lady’s yard destroyed it pretty much destroyed. Her neighbor was under a blowen lake. A lot of this problem is from the Leeds RV Park. The water crosses the street. We can handle our side. I have lived there for 20 years. I have had this problem before I have had my yard under six to eight inches of mud that I have dug out. I have corrected it. I know how to do it. I helped Mark with digging it. The question is the trenches that they dug going to cover demand? Or are they going to put baits in and what can we do with the Leeds RV Park to not let it cross the road? Basically, it is their water, let them keep it. So that is my concern because we are in the monsoon right now. And we are under flash floods. We do not get that kind very often. I understand that I like I say 20 years I have probably seen it five times. But when it comes It is and it should not happen that way. I was going to sandbag one of these entrances I was told they call the cops on me if I did, he had two entrances. But he their opinion is, that is our problem not his.

Mayor Hoster: Oh, the RV Park?

Mike Warren: Steve Wilson, you were out sweeping and scraping the road with all the mud and debris where it crosses. It does it every time. And all it needs to be done is their ditches are plugged up good. And it just needs to be scraped back and let it stay on their site. Are there any plans in the city to do these things?

Mayor Hoster: Mr. Warren, thank you for your comments. I can take a moment to just go ahead and address those I will. So, thank you again for that, we did experience a significant amount of flooding that did occur in the Town of Leeds, as well as everywhere else Las Vegas casinos were seeing the first entire floor underwater, kind of a rarity in some circumstances. I went out and saw what was on Valley Road, and surveyed that with Antonio, and with Mark, and we looked at those drainage ditches. We identified that they could be much better. we identified that pipe had been driven over many times and broken, not repaired. We had Mark completely rip that out. We also recognize that on the east side of Valley Road that the water is coming across the road because there are full culverts that are full of rocks and debris and all sorts of things. We asked Mark, to give us a bid on being able to scrape some of that out. Some of the pipes for the entrances are the responsibility of the homeowner. We have tried to work with some of the homeowners. I believe Antonio has spoken with a handful of them so far about trying to get Mark use a pressure washer that he can go through and maybe blow those out at no cost to the homeowner. But if they are damaged or crushed, that the homeowner would be responsible for replacing it. It is kind of a new world for myself, I am not entirely familiar with the excavation component of it. We identified that we do not want it to happen again, but it is going too. What we asked Mark to do was give us a bit on what he could do to try and mitigate. That could remove the debris that is in those culverts right now and bring them up to a quality that could hopefully withhold the water like we had the last time. It may not do the 100-year flood, but it might get us through similar of what we had this last week. So, Mr. Warren, I am glad you came and vocalized your frustration with it. I am sure it was scary. And I am certainly glad that no one was hurt, and no property was significantly damaged. I understand the frustration that can be associated with that, especially when you look and see that some negligence of others has caused some of this. We are taking proactive efforts on this. We also at the same time are addressing a drainage on Main Street, which does feed into some of what happens on Valley Road. In fact, we are at the end of this meeting, going to give staff reports, but I will go ahead and give this update right now. I have been dealing with the Department of Transportation on our funding for Main Street. We have a meeting we have been summoned to Friday morning. To replead our case with them on getting new funds. They have a new regional director who will be allocating that so we have to plead our case to them and see what actions we can do to try and mitigate any of the flooding on Main Street. I hope it will mitigate some of the extra water going down to Valley. We were looking at trying to run the water down through Valley in culverts out to the Sullivan farm. That plan was scrapped by our engineer. We ran into some legal issues there. We found that the Washington Water Conservancy is going to be tearing up Main Street for a 24-inch pipe to run up to the new Anderson Junction reservoir. While that is all open, we are hopefully we can do cost sharing and reduce our liability as well as anyone else who is participating. LDWA and some others. We want to throw new line in that while it is all dug up, using their labor, their materials, and things like that, to reduce our cost. In the venture. So, I hope that is helpful by understanding how we plan to address it.

Mike Warren: 20 years I have walked it and dug it, fixed it and some of it is a couple of the pipes are just too small some guy has 16′ some guys got to eight inches. It is not going to handle it. And that was the other question. Where is it your responsibility, whereas mine? I got the Okay, I am the one that has the delineators out in front. Because through the years that did ditch is so deep, and motorhomes pull over to go to the park, if they pull over in that ditch, they are going to get turned over. That is how deep is getting.

Mayor Hoster: I would love to see this eventually get to a curb and gutter option there. But it is not in our budget right now. So, I think the band aid is going to be having Mark clean those culverts out to a deeper status. And also talking with the Homeowners who do have the smaller pipes that are culverted under their drive access, either washed out or what have, I hate to put a cost onto somebody that maybe is not prepared for it.

Mike Warren: A lot is the horse crap that washes off the field, it goes into the pipes that stops everything.

Christine Harvey: I live at 144 Valley Road. You mentioned there is a responsibility of a homeowner to maintain a culvert in front of their house?

Mayor Hoster: Well, the culvert for their drive. And so, your ability to get over the culvert is the homeowners responsibility. And so that that piping, whatever that might be, however you do it. If it is just you know, putting steel over it and going over it, that part does fall on the homeowner. But the culvert itself is the responsibility of the town.

Christine Harvey: Okay, so I have nothing exposed. I do not drive I am assuming that pipe that is now exposed. In front of Rich’s house goes under my drive.

Mayor Hoster: We are replacing that entire pipe that has been dug up.

Christine Harvey: There will be a pipe there. It is not going to be an open culvert and that is going to tie into something under my drive. It goes under my drive but then up the street, there’s blocked culverts by the farm, there is they got completely blocked-in front of a neighbor’s house. And so, at some point, who does what? you know, am I going to go dig out his front yard? Because, it would have saved my front yard if I dug out his front yard and beyond. you know, going down the street. It is not the first time because I sent a letter last year when it happened to my property.

Mayor Hoster: That’s what you had mentioned. I got a copy of that. The frustrating part is I looked at that. None of it has done. Right. And it has been band aid patched for years, it looks like you have got zigs that are happening and zags that are happening. And we have different kinds of rock that are blocking those culverts. I think an all-inclusive solution would be extremely expensive, but something that we certainly need to start to look at, it might peel into our B&C funds for the road. But it is certainly something that, you know, the town council could give some consideration to but there

Christine Harvey: Is an engineer and there is some kind of a plan or somebody who understands diversion, you know, for me to sandbag, it just makes Clint’s yard deeper, you know, and I don’t mind the expense because I paid an enormous amount of money to have my yard landscaped and, you know, in a little bit more to prevent it from happening again, I then can fix it and hope that it’s gonna last another year or two or forever. So, but I appreciate the fact that there’s a big ditch now and a pipe exposed and so I do appreciate that but I would participate in whatever the plan is to make sure it doesn’t happen again, for all of us, you know, down the road, because it’s, you know, it has happened, it’s happening when my yard wasn’t landscaped I didn’t care as much. I care a lot more now.

Voice asked who was liable in a lawsuit?

Mayor Hoster: From a legal standpoint, the city has not performed any negligence on something like that. And so, if the city had not had the culverts in place, and other people had filled them in, those people could possibly be sued by your insurance company. That is kind of where that stands. But for the most part, it would be on your homeowner’s insurance. But if the city had performed any negligence in the culvert, then then we would have a responsibility. But if the homeowners that you mentioned had not done that

Mike Warren: When it was dug up and plugged was back when we lined rocks out there so people could not park their semis and trucks out there. Then we were told to move the rocks. And guess what, a semi backed over the pipe and crushed it. I know what happened. I seen it happen. I told him it happened a year ago, two years, almost two years ago. I was afraid to bring him back and watch, if i dig it up myself. If I hit a line. Now, it is me.

Mike Warren: Why? I mean, it has to get done. So, we are just trying to save our property.

Mayor Hoster: You know, if, if I can be candid about it the problem is that we have such a limited amount of funds that are available for all the streets in the town. And we would love to go into curb and gutter, I think that would be you know, the solution. We are trying to pinch pennies just to get the Main Street one done, which we do have homes that flood on this one. And as I came into this in January and realized house, just skinny that budget is to be able to do these things. I think that, you know, I did write our senators about being able to do some of the other things here, water diversion. Their answer is here is some websites go go ask them for money. And so, we are going to be doing those things to try and secure some funds to help relieve the efforts that we are facing here and more of a rural town that does not have the infrastructure for the curb and gutter, and, and, and the diversion of the water. In the meantime, I think, you know, our only solution is really to kind of leverage the resources that we have with borrowing Mark and having him come out and scrape those clean until we can hopefully have a better engineered solution.

Mike Warren: Like I said many times and i am telling you. I will pitch in my self. Anytime you need.

Mayor Hoster: That’s wonderful. Thank you, sir.

Christine Harvey:And we can do the same thing. I have equipment. I can dig a ditch. I mean, I can keep it cleaner. It is just a matter of, if we are not going to get any help with it, then we get the street together and everybody kind of pitches in because you are going to save our property.

Mayor Hoster: I think if we had that kind of an effort and a continuum of the street, I do not see any reason we could not do that.

Mike Warren: We just see the okay from the park to let us put a ditch there that it will not come across the street anymore. Like I say, I have seen the flood, we can handle our site. We cannot handle theirs with it. So just too much.

Councilmember Hunsaker: I also I have video from the last storm. I stood out there and even though it was clogged on your side, certain places are clogged, it was handling. It was putting out. So, I keep hearing about the homeowners paying to get their side done. But what are we do? Have we done anything for Leeds RV Park to fix the culverts on their side and to keep them cleaned out? I mean are we paying Mark to clean out thiers? I think they should bear the responsibility.

Mayor Hoster: The ones that drive over, that go over the road are their responsibility. The culverts that sit in the easement, we are responsible for. So, we have asked Mark to clean out the easement part. That is the culvert. But that is all we have done. And I have talked with the owner of the Leeds RV Park on other occasions. I do not think he is unapproachable and having the dialogue of which has not happened. Is this the owner? I am happy to have that conversation with them and make sure that it gets done, you know, as soon as possible.

Mike Warren: Kurt was the one that told me, you do not mess with nothing over here. Okay. It goes over the screen itself. We are kind of on a rock and a hard spot. Yes, sir. Yeah.

Councilmember Wilson: And those culverts, Again, just will not handle it over there. They have done it every single time every, every time. The water comes right across my house and Blake’s house and on down. Well, their pikes are over half plugged right now, and they are not big enough. They even have a stopper on the bottom of one of them. I do not know why it is even there. It needs to be pulled clear out and laid away.

Mile Warren: I am going to say I am willing to pitch in and help in any way I can.

Mayor Hoster: Thank you for that. Mr. Warren, I saw your yard, I drove over it. My heart sunk. I am grateful that no lives were lost. We do not want to see it happen again. We are certainly going to exert all the efforts that we can in talking to that property owner and using the resources that we have.

Councilmember Stirling: Did Karl Rasmussen draw up any engineering for Valley Road?

Councilmember Wilson: He had some basic drawing but no engineering plan. I remember he had plans showing it going across and a catch basin.

Councilmember Hunsaker: He needed at least a 16-inch pipe, and it goes from instead of going from small to larger, it was it is completely reversed. Those pipes are in no way the size needed to carry that water.

Councilmember Stirling: Then he did some preliminary engineering?

Councilmember Hunsaker: I have some maps I can send you.

Councilmember Stirling: Did he get an agreement with the Sullivans?

Mayor Hoster: No. The engineering that Karl had done was to divert from Main Street down center, and then use the culverts that were on Valley and go and no piping was going to be implemented. Just the piping, running it from Main Street down center, and a catch all Main Street to catch it. And so, with that, I do not know if I want to expose the legal dialogue that occurred on public record. But that was that was plan B that was kind of hatched, you know, x. And so now we are moving to Plan C with with the Main Street. No engineering was officially submitted to us on trying to resolve that. In fact, it was kind of presented as there is no problem on Valley. So, which was enlightening. When I heard these, these complaints.

Councilmember Wilson: There’s been problems for a long time.

Councilmember Hunsaker: No. That was a problem and that was going to solve it.

Councilmember Hunsaker: No. That was a problem and that was going to solve it.

Councilmember Wilson: That engineering said we were going to use Culvert going to use catch basins to go on down Valley. He had that worked out. I remember seeing some drawings.It was discussed and that is partly why we kind of waited, because we thought that was going to happen

Councilmember Stirling: Well, what I’d like to do, especially for the citizens that have come tonight is kind of research what Karl’s documentation was, from some point of view, so that if we have the funds for the roadway, we really need to divert all funds to Valley Road at this point, because I don’t know of any other road that floods as much as yours. And we need to pull from any other projects that we have on roads at this point and put it towards Valley Road immediately. Are there any other road improvements that we are doing for 2022? At this point, besides the main street?

Councilmember Stirling: Right. But that’s part of the project on the main street. Correct? But are there any other road projects slated for 2022 or 2023, in any other part of the town? At least it would help putting some big pipe underneath and so that there’s not just little Culvart after culvert, but actually fix it. I would like to see that that would be put on the agenda so that we can start at least a discussion to slate that fund for whatever we are getting for our roads to fixes because it is not fair. It is not fair to you. It is not fair to the road either. I looked at Keith Blakes. We went on a walk and half of that road on the side of what used to be the pavement is gone. I mean, it just wiped it clear.

Councilmember Wilson: Mine was the same way. I just got a tractor out and move dirt around to fix it. It was just as bad if not worse.

Councilmember Stirling: The interesting thing too is that we are telling everyone that they cannot put rocks there. And if We’re telling them that they cannot move rocks there because it is our easement. We better pull it together and get this done. Because that is not fair.

Mike Warren: It is a public road. Quick question, can you put out to a homeowner, that crosswalk has to be a certain size, they cannot put eight-inch pipe.

Councilmember Stirling: We don’t expect, and this is just Councilmember Stirling saying this is my opinion only to put on the record, but there is no reason that a homeowner, in my opinion, should have to put the culvert there, if we put the pipe there and cover it where it’s supposed to be done to spec, you shouldn’t have to have a culvert covering a pipe that is done correctly. And that is my goal at this point is to fix it where the homeowner is not having to fix their parcel that does not belong to them in the first place.

Councilmember Stirling: We need to have it correctly engineered and not spend any money…

Councilmember Hunsaker: Can I interrupt one second? When it is she needs to get this on the minute, and she cannot hear you when you are not at the microphone being recorded. I just dawned on me that wait a minute, she has to transcribe this.

Mayor Hoster: We’ve gone off track. So let me bring this back into order. So, the first thing is, is that we are going to review the budget. Tonight. If Council look on page seven, you can see the B & C road funds that are available for for the town. They are they are pretty dismal. We do have an allocation that has to be with the Main Street, which was negated with the DOT. It is 16 or 20%, that we have to match for what they do on Main Street, which is consuming a large portion of our B & C funds. The remainder of those funds, I can see where Councilwoman Stirling has had a great point of seeing what Mark comes back with on being able to remedy the circumstance, I do not think that we are going to hit the curb and gutter element that we are looking for. The areas that do have culverts versus pipes, some had pipes under like yours, we are replacing that because it is what was there. The other areas that had culverts, which some do, and then they have their own pipe of the resident’s, those would have to be replaced by the resident if they are not a quality. And we may, you know, have to have an argument with them about that and have to have Karl, look at that. He has told us that eight inch is probably too small. In those circumstances, we do want to try and allocate what what funds we have available. There have been higher priorities on allocating the B&C funds lately. Nonetheless, they have not been allocated to any roads right now. And so, this does give us an opportunity to look at what Mark comes back with as far as a bid. And then we can start to assess how much can we put toward that? Are there any other roads that are of damage that have a higher priority with regard to any damage? I concur with Councilwoman Stirling and that this probably will take the highest priority of the funds that we have available. We will match up against what bids we get. I hope that helps.

Councilmember Wilson: Can I ask you one more question quick. When we were talking about earlier, you mentioned that maybe one of the other projects they have pulled old pipe out of maybe could be used over there.

Mayor Hoster: That was Mark.

Councilmember Wilson: That was Mark that mentioned that to you? I was just thinking that would help mitigate costs if it is feasible.

Mayor Hoster: He was going to check on that and see if there was a way to get cheaper pipe and I have not heard.

Mike Warren: Well, now in the timeline. Do I get the okay from the mayor to sandbag his driveway. If we do get another flood?

Mayor Hoster: No. Let me let me express the concern that we have there is just emergency egress. If someone were to be hurt on the other side of those sandbags, that would be a bad thing and a bad day for you. I would recommend that if we can sandbag to the point there is still an egress into the property, which is fine. In fact, we have Kole Furley here who is the fire chief for our area, one of the battalion chiefs. He can certainly help us identify the access to there but if you put sandbags on there, and then an emergency happened on the other side, we would have a huge problem.

Mike Warrnen: Two driveways that I know of. That is what I mean, they can drive around and use the other one.

Mayor Hoster: Do they still need both?

Mike Warren: Okay.

Mayor Hoster: They still need both and especially if a fire truck comes in and is not able to get out.

Mike Warren. It is pretty easy to dive over a sandbag.

Mayor Hoster: They need both to access the property. Great points. Aseneth, are you okay, with minutes? A lot of the dialogue I think can be summarized.

Councilmember Hunsaker: I can help with that.

Mayor Hoster: Okay. So, are there any other public comments? Yes, sir. Chief Kole Furley.

Kole Furley. Battalion Chief with Hurricane Fire. Just give you guys a little update. Not a whole lot to report. We are just getting ready to start our engineer process, we are deciding that we want to make a position available on each shift for every station for a certified engineer to be in charge of running firetruck. As we have gotten bigger, we have seen that is a pretty integral part of our successes, making sure that things are accounted for. Vehicles get to the scene safely. Everything just seems to work a lot smoother, especially when you are on the end of the hose line. And you are trying to figure out okay, does this person have the know-how to get the water to the end of the nozzle, and it is a little harder than just pulling a valve. You have to know friction loss calculations. And you have to be able to problem solve and work backwards if the water does shut off for whatever reason. So, we are in the process of designing the test for that. We are hoping to have the test by the end of September, everything goes as planned. As far as training goes, we are in one of the busiest training seasons that I have seen in my career. We have right now five classes going at once. Anywhere from EMT basic EMT Advanced, to Officer one, Inspector one. Our people are just eating that up. They are really eager to get out train, expand their skills, knowledge base. And so, it is a pretty good thing for us, we are excited to have that. We do have everyone saw the ladder truck from Coral Canyon. So that was really fun to be able to have that in the Leeds parade and we got a lot a lot of thumbs up. And it is pretty cool to drive that. It is a nice ladder truck. It is actually up and running and in service took a little bit to get everything mounted. You know, firefighters are we like shiny things and things to be straight. So took a minute to make sure everything was mounted the way we wanted, got all the hose loaded, and all that expensive equipment. And so, you will be seeing it responding on calls in this area as well. So, it is kind of touch with what but brought up this evening. I came in late, so I did not get to hear exactly. But from our standpoint, the chief has told me Hey, if there is ever a need for sandbags, and Leeds, make sure the sand is piled up behind the station. So, it was last year, maybe year and a half ago, I ordered a load of sand from interstate rock to be put back there. There should always be sandbags. Now I did learn from Bud that they were not fresh ones. They had been sitting out in the sun. So, when you put sand in them and you walk into your vehicle, the sand leaves a trail, so you know how to get back to the pile. I made a quick phone call because I was out of town, and we got some fresh sandbags there. So, if we could just pass that along to anybody that may be concerned about hey, what do I do? There should be some sand there and some sandbags, but we do ask that you try not to take a whole bunch. Because we are only have so many in our cache as well. So just be respectful for the other people that may be needing some, but that is a pretty cool thing that the city or the town Leeds does, as well as the fire district to be able to help out. So, we also have in our possession, something that Chief helped design and ran it through the county. It is a flood response trailer. So, if in fact somebody does have a flooding in their home, we are not exactly furniture movers. But what we do is bring a trailer over. We set up the pumps that has wet and dry shotshop vacs, extension cords, we have, boards and lumber material in there to kind of help shoring if needed, and to try to help mitigate that loss for whoever is experiencing that. So, another really cool option that can be gathered up quickly, as long as you call 911, or get a hold of nonemergency dispatch. And that burned up my three minutes. But if you have any questions, I will be glad to answer them.

Mayor Hoster: Thank you so much for helping us with the parade and all of those things. And this information is fantastic. Do you mind if we post this on social media with regard to how the town can facilitate the sandbags and also the flood response trailer?

Kole Fuley: Yes. We would just need to make sure that everyone is aware that the flood response trailer, there is two in the county. So, there might be an opportunity if we have a big monsoon storm, that that would not be available. But yes, we would be glad to help out.

6. Announcements:

a. Constitution Week, September 17-23, 2022

Mayor Hoster: First announcement will be regarding a petition from a group that has asked us to provide a proclamation for constitution week, September the 17th, through the 23rd of 2022. This proclamation is to essentially recognize and appreciate the United States Constitution that is the essence of the proclamation. We intend to do so.

b. Update Regarding Leeds Main Street Drainage Improvement Project

Mayor Hoster: As I mentioned earlier, in this additional announcement, the Leeds Main Street drainage improvement project. It will be Friday morning; the Director of the Department of Transportation asked us to attend a meeting which will be in Cedar City. We do have someone from the council who will be attending that I am out of town. But I have been in contact with Mr. Nagi, about our financial shortfall from what they had bid before and being able to repair Main Street. We are positioned to ask for additional funds, we have advised them the time is of the essence because the Washington Water Conservancy is going to be digging up Main Street, we would like to mitigate those costs with them. As I looked through my old emails, I stand corrected in that it does look like could be a 24-inch line that Karl was anticipating on Valley for the water mitigation. That plan has been scratched because of legal purposes between our council and the property where the water would land. Nonetheless, he simply just said we would put a 24-inch line along Valley that is all it says. Those are the efforts that are being exercised by Mark now.

c. Resignation of Commissioner Mark Rosenthal, Term ending June 30, 2024

Mayor Hoster: The next announcement is the resignation of Planning Commissioner Mark Rosenthal. His term was scheduled to end June 30, 2024. I wish to publicly thank Mark for all his efforts. He has done an outstanding job of providing insight, remedies, solutions, and attention to detail and all for a whopping paycheck of volunteerism. I wish to publicly thank Mark for all his efforts and contributions to our community.

d. Dumpster Days, September 2,3, and 4, 2022. Dumpsters located on Cherry Lane.

7. Public Hearing: None

8. Action Items:

a. Discussion possible action regarding Angela Rohr as an alternate planning commissioner.

Mayor Hoster: As a result of Mark Rosenthal’s resignation, we have received a plethora of interested persons who wish to participate in being on the planning commission. And as such, it is my suggestion that we table this action item at this time because we do have a significant amount of people who have an interest in this position, who are in the community. It is the is probably the best advice for the council to review those individuals and have discussions with them about their background and interests. This is a very important part of the town of Leeds, especially considering all of the elements that are going to be happening in the very near future, we want to have some people who are really interested in that role and, and qualified. So, thank you to those who have submitted applications.

Mayor Hoster moved to table appointment of Mark Rosenthal’s position on the planning commission until Council can interview all applicants. Councilmember Hunsaker seconded the motion. Motion passed in a roll call vote.
















9. Discussion Items:

a. Fourth Quarter Budget Review

Councilmember Stirling: Can you kind of go through my items on things that I have questions on as well. On page two of eight it says impact fee roads income in July 2020 Through June 2021. We had 29,882. And then July 21st Through June 22 6, 500.90. The budget was 13,000. Where does the impact fee roads income go? And how much is accumulated with the impact fee roads income? And when can we use them?

Mayor Hoster: Okay, so my understanding on these funds is that we are able to use them they are allocated in our budget have to be used, you know, for the general fund.

Councilmember Stirling: No, impact fees have to be used for what they impact. So, what I am saying is there is 29,882 and 6,590. I am just wondering where those funds are at this time, and if we can get some type of determination on impact fees to fix the roads.

Mayor Hoster: So, the 29,882 is from the prior year’s budget and so it is not carried over into It is for comparison purposes on this spreadsheet.

Councilmember Stirling: It has to be used for impact roads. And so, we have not used that.

Mayor Hoster: Right now, we have not we have not used any of it. It is still sitting there. So, there was obviously a leftover from the 29,882. This year we have got, or it was budgeted out as 6,590. The amount that is sitting there right now is that 13,180. So, it has not been used.

Councilmember Stirling: Okay, with whom can I talk to about where are these funds? I understand this as budgeted, but who can I talk to that will tell us where all these funds are accumulating to?

Councilmember Hunsaker: What bank account are they in? And can we read a check?

Mayor Hoster: Okay. So, we do have all of those in in the various accounts, which are line items in each one of those accounts. It is up to us when we want to allocate those out, we talked about that in our prior work meeting, about which roads we want to focus on, which areas have the problems, and then it got pushed back. And so, it is us putting it on the agenda for our next work meeting.

Councilmember Stirling: Okay. And not even necessarily for work meeting. I think we should have it as a discussion item as well on our town council, because I think as a council, we need to know how much money not on the budget per se. But more importantly, how much do we actually have in all of these accounts accumulating when we say that we do not have them budgeted for this year. That is true but, there are allocated funds from the last 20 years I have lived here that have to be in different accounts waiting to be used for impact fee roads income, or impact fees Park income, or a Marriot have all of these different line items that show that somewhere this money has to go. We do not spend 100% of it, because impact fees are not allowed to be spent for general expenses, right. So, I think we could potentially find some more funds to be used for roads.

Mayor Hoster: I will just ask you to go to the expense portion of what we have allocated in the budget. That is where the income part of that those line items are allocated right now, if we wish to reallocate those, we can do that. But all of them have been allocated appropriately for where their assignment is. So, for the impact, it would be on the impact funds for the B&C, it would be on the road improvements. On all the expenses is where we would see where those funds have been allocated.

Councilmember Stirling: Correct, but what I am saying is, we can open this back up and potentially find the monies that are allocated or sitting in bank accounts, to be able to combat this road problem.

Mayor Hoster: Right. And so, the amount of money that we have sitting in the B&C funds and on the impact fees, the monies that are available right now, it does exceed the initial 20% that DOT had told us we needed to match. We need to get that new number from them to identify what we will need to match on Friday, what repairs need to be done on Main Street and then we are in a better position to assess what is leftover and what we can then put toward other road improvements throughout the town. We really do not know what our expense is going to be now. It was close to 200,000 of which we had about 342,000. That was allocated for the Main Street project. That is going to be a completely different number now and so hopefully it is less, and hopefully we can show them that more damage has occurred as a result of their engineering versus what was initially negotiated. My hope. But once we know that number, then we can reallocate here on basically on highways and streets.

Councilmember Wilson: Just to go along with that on the Main Street project. Was there anyone on Main Street to take pictures of that flood? I know John Beck was out there. I do not know if they took pictures or not. It might help further the cause.

Mayor Hoster: I think those, those pieces of evidence will be vital. If anybody has pictures, please send them to us or to me, and I will get them to the right person that we are trying to get the funding from the D O T.

Councilmember Wilson: I just think if we can get the D O T to cover more of their costs it may open up more for Valley Road repair.

Mike Warren: There used to be a ditch down in there. And then when you guys’ pressurized irrigation water everybody buried it. So, I went and put a metal barrier, again on the back of my property, because you can only do so much because things get changed.

Mayor Hoster: It seems like there has been a lot of those things that have happened. And so almost kind of like a redo is, is essential. But to Councilwoman Stirling’s comments, really want to see what funds we have available, what we can put into doing it right now. I am hopeful that we do have the planning commission involved with helping us with some of this because they have identified different areas that need improvements as well, but they can also help us with this. And that is why I like to have as many fingerprints as possible on the on the murder weapon when we go in and, and we say we are going to prioritize this. And you know, in other areas that may not get the funding, you know, we will understand why we have done that.

Matt Warren (inaudible} commented on water path through yards. Once it jumps to the curb and goes into their yard, it is all downhill back into our back yard.

Councilmember Hunsaker: asked him to step to the mic to be heard.

Matt Warren: Back to what you were saying is, when it does flood Main Street, I understand that it rolls. The old saying it rolls downhill. And it slopes to this one, and then it slopes too here. And the problem was, is there used to be a ditch on down behind all those properties until the pressurized irrigation system come in. And then everybody decided to bury the ditch and put in their sprinkler systems and all of that, well guess what? Then the water just runs amok until it is going to find a way, one way or the other. And somebody is going to get it, and somebody is not going to get it. It has just been a big fight with that. So there again, I mean, you know, you be the nice guy, and ask hey, can we do this? And can we do that? Sometimes they work with me, and sometimes they say, go take a hike. So that is what we have been fighting. So that is my deal. Hopefully, you guys can help me with it. And like I say, if I can help myself, be more than willing.

Mayor Hoster: Thank you so much, Mr. Warren.

Angie Rohr: My eight years on counsel, the impact fee roads, we were told legally was only for new construction and not for repairs. And that made it almost unusable. It was very frustrating. So, you might need to look into some legal advice on how impact fees can be used.

Mayor Hoster: the entire Impact Fund is this constraint.

Councilmember Hunsaker: If new house cause flooding that counts as an impact.

Mayor Hoster: I will ask counsel or legal counsel?

The one component on this. Aseneth, did we adjust for the sales tax?

Clerk: This is a review of the 2021-2022 budget. The sales tax adjustment would affect 2022-23 budget. Yes, that rate percentage was adjusted.

Mayor Hoster: Correct. Last year. Perfect.

Councilmember Stirling: One of the questions in legal. It looks like we spent 11,773 on prosecutor public defender, do we ever get reimbursed for any of that?

Clerk: Yes, we do monthly.

Councilmember Stirling: 100% or some portion of it.

Clerk: Yes.

Councilmember Stirling: And then the general plan for the 61,000 was that a grant?

Aseneth Steed: The 61,000 for the General plan was a reimbursement agreement of 50% from CIB and less than 50% from the MPO with the Town making up the difference. 35,000 has been collected from CIB. The MPO portion is waiting for the approval contingencies to be completed to the Master Transportation Plan. The Towns portion of 6,000 has been paid.

Councilmember Stirling: When will that be completed?

Mayor Hoster: Our ability to process that has all been blessed, but the MPO has to have their fingerprints on it. Sunrise has provided that information to them and they are working with Myron over there to try and get that done. We cannot invoice until they have closed the gate on it, and it is all sealed and done. My understanding is it was supposed to be done this Friday. I am on them every week.

Councilmember Stirling: So, we have already paid $35,000 And we are waiting on them to finish something?

Mayor Hoster: No, we have not. We have not had to pay sunrise engineering the full amount for that. And so, where they realize.

Mayor Hoster: No, we have not. We have not had to pay Sunrise Engineering the full amount for that. They realize that they kind of dropped the ball and did not bring the MPO in when they were supposed to. So yeah, we have not had to pay them yet. They understand that we are waiting for those funds to come in first.

Okay. And if those funds for some reason do not come in? Do we have something in writing stating that? They were the ones that dropped the ball.

Mayor Hoster: We’ve got emails. Yeah. So, it is pretty well covered. Yeah.

Councilmember Stirling: And what has been the problem? That they have not finished it? Or why did they keep pushing you off?

Mayor Hoster: You know it is always one excuse after another. But for the most part, they are shorthanded. They are working with our direct contact at the MPO. And supposed to have that to us.

Mayor Hoster: We cannot do that.

Councilmember Hunsaker: The transportation portion is still outstanding. Brad Robins, I believe assured us it would be here within a month.

Mayor Hoster: Well, now we are working with Joe Phillips over at Sunrise. And so, Joe’s got a subordinate who is working with Myron over at the MPO to try and get their fingerprints on it. And as soon as that happens, it is my understanding that we receive the blessing from the MPO they give us the grant and then we get the invoice from Sunrise does that pays them.

Councilmember Hunsaker: Okay, I know that the General Plan that we paid them for the transportation, but we did not get anything even remotely close. Listen, they were going to do it afterwards. And so that is what they are currently working on?

Mayor Hoster: Right. But we have not had to pay for that portion to Sunrise yet.

Councilmember Hunsaker: Is anybody talking to them? They were going to do traffic studies that we are going to do all that. I have not heard anything about traffic studies.

Mayor Hoster: I do not know if the MPO is requiring traffic studies from them. But the MPO was the ones who were directing if there is something else. if there is something else that that we want the MPO to do with them, then let me know and we got to certainly bring that up to them. It could delay it more, but we are secure enough to where that is fine. But the CIB part was the one that had the big deadline and we got we got there are their part taken care of.

Councilmember Stirling: Thank you, and then our fuel for the truck that says highways and streets fuel for the truck. It was budgeted for 1,300 but we spent 1,842 And I understand that the increase in fuel, but it was only 530 for the previous year. Do you know why it was like three times as much and where that truck is going in Leeds that would be 1,842 dollars?

Mayor Hoster: No, I do not have any idea.

Councilmember Hunsaker: I know there has been a lot of questions out at Silver Reef about the Silver Reef Road and the sides of the road and in the Rockville Road, Silver Hills, and different areas and then I have been dragging him to the cemetery a lot. Just want to throw that in. I know that I he has been over at Silver Reef a lot. He has been fixing a lot more potholes out ninety-one on our part and stuff like that. The trips into town to get the supplies to the roof and different things, So I mean he has been busy, and I do not sign the check until I have read where he has basically been and what project.

Councilmember Stirling: He was doing the work or the contractor?

Councilmember Hunsaker: For the Pavilion.

Councilmember Stirling: Oh. I am going to find your money somewhere.

Mayor Hoster: I appreciate the effort, Councilwoman. We are not going to be able to find it tonight. We have to know what our portion is with the DOT on the Main Street project and where we are in the budget. It is going to be a priority. I can tell you that all of us are on board with it.

Matt Warren: When you come campaign and I told you if you are going to fix it, I would vote for you.

Mayor Hoster: There you go.

Councilmember Wilson: So, this Mainstreet project says 343,000 and then the class B&C Road Funds is 200,000. So, you are saying this 342,000 may have to pull from that 200,000? Is that what you are saying.?

Mayor Hoster. It does pull from that.

Councilmember Wilson: So that 200,000 is not separate from the 342,000?

Mayor Hoster: Okay, no, I see what you are saying. The 342,000 is the full allocation that is supposed to be for the mainstream project. And the two hundred is the additional B&C funds that we receive that we have to pay a portion of into this 342,000. It is not it is not bifurcated here. I think once we know what that when, when I shared what our number was, or how much money we had available with the Water Conservancy. I am trying to share the cost out here they said that 340,000 would probably get a driveway and a half done. I am hopeful we will see a significant increase for DOT on this.

Councilmember Hunsaker: So, do we have the initial wet money they were funding or has that gone away? Did that expire from the DOT?

Mayor Hoster: It has not expired.

Mayor Hoster: I have to go off memory from Mayor Peterson. We did go through that extensively on where those funds were pulled from, they had some that were in the General Fund. I believe, from two different sources, but I would have to ask him to specifically answer that question, when we went through this.

Councilmember Stirling: Okay, Thank You.

Mayor Hoster: One thing I can tell you is that on the sanitation expenses, we do have a volunteer who is assisting us where and we have identified there are some residents that are not paying that have slipped through the cracks somehow. And so, we are doing to audit this and quite possibly increase the budget receivable, you know, which is on the first half of the budget. But that receivable is, is probably going to increase a little bit once that audit is done. And we have been asked if we can also add on the on the expense portion of the cemetery to add a couple of different line items, which are not relevant to this discussion tonight on approval of the budget, but to break down the expenses for maintenance of the cemetery, of which we can add. It is not maintenance, excuse me, improvements. That will be a new line item on the budget going forward.

Councilmember Stirling: And so, this is just a discussion item on the fourth quarter budget, but it is not actually an approval?

Mayor Hoster: Correct?

Councilmember Stirling: All right. Thank you.

Mayor Hoster: Okay, are there any other questions about the budget? Okay. We will go ahead and close discussion items and open the floor for citizen comments, again, three minutes at the podium. Please state your full first and last name if you wish to make any comments.

10. Citizen Comments: None

11. Staff Reports:

Councilmember Stirling: I was contacted by Nathan Weinberg who is the MPO active transportation plan. And he requested that I provide him basically the fires escape road plan for Silver Reef and Hidden Valley area. The only problem about that is that when I went on an app called Onyx hunt, which details who owns what, I did not really feel comfortable in putting anything on a map without speaking directly to someone’s private property. So, I told him that I would have to wait and we as a Town Council would probably have to discuss that further. I did note that there was a trail but that trails on private property. There is an easement in some way through the county that gives us the right and they said that they would go ahead and do that. But I did not want to put any road on anyone’s private property because that has been done to me before and it does not sit right.

Mayor Hoster: Okay, so we are trying to get that on the on the agenda.

Councilmember Stirling: He explained that he needed it turned in by tomorrow, but I just do not feel like it is something that the Town of Leeds should do until we actually discuss it with the private landowner before we actually put a road or an access or anything on private property. The other thing too is that there is a lot of Red Cliff desert tortoise concern you are going to have to work through. It is just a Marriott of a million different ownerships. I did not want to put my name on writing someone’s pathway through a private property owner. We need to kind of halt and discuss it with individuals before we potentially open up litigation on putting in a roadway through someone’s property.

Councilmember Hunsaker: The largest property owners have said that they are willing to work with us if we would sit down and talk to them.

Councilmember Stirling: Right. Right. But I do not think I mean, he talked to me yesterday, and I just did not feel like it was something that we should jump into until we actually discuss it with individuals. That is all.

Councilmember Stirling: Basically, this is just the very preliminary of where you, you have to, like, solicit a date in which it is. But it does go on a map in which public is able to view it, and I just feel I cannot in good faith, I would rather have discussion with individuals before sending it off to a federal encrypted map. We could potentially put that on a work session with individuals that own that property and discuss it with him. But I did not feel comfortable in putting a red line on a map and send it to him. And I just did not feel comfortable in doing that.

Mayor Hoster: Were there any other secondary fire escape routes that can be done in that area or for Silver Reef?

Councilmember Stirling: Not that do not cross private property, and in that bowl of Hidden Valley, there is really only one potentially? Well, there is two potential ways they both cross private properties. But it would be quite difficult to get as many people out as you would need if you were taking all of Silver Reef, but it would be assessable. With an engineer’s help.

Mayor Hoster: Okay. And so, do you propose then, are we going to talk to those property owners and then try to move in that direction?

Councilmember Stirling: I wanted to get the idea of counsel before I talk to anyone.

Mayor Hoster: Let us open that up for discussion. It is kind of time about the essence, because DTEC is going to approve those next weeks of what is on there, otherwise, it waits a year.

Councilmember Stirling: The only other thing that I did notice is it was four or five years ago that another individual, it was Rick Sant had come in and he was trying to get secondary access there. Elliott Shelton had said that it was the hillside ordinance that he had brought up with that particular road. And it got quite extensive so that we would have to figure out a way to mitigate.

Councilmember Hunsaker: That would be using the easement by the water tower. And that is the one that clearly would be going through the hillside ordinance. The ATV trail that the semis we are using illegally, and the county kicked out. They have made a lovely road. I think we should have a work session with them. They have been really supportive of it.

Councilmember Stirling: I think, if we can come to a consensus that we potentially speak with them. You could talk to them and say, we are looking at this, but we do not want to put this on a map until we have an okay with you.

Mayor Hoster: I agree. If I can get the preliminary of where that is, and then the names I am happy to call them and engage that conversation.

Councilmember Wilson: Whose property is it?


Councilmember Stirling: Lorrie knows the individuals. I do know that there has been a new owner that has acquired property over there. And I do not know what their opinion is of that. But I do think we could potentially bypass that and get to that county easement if we have the right correlation of owners.

Councilmember Hunsaker: I can get the names and the map that I was using.

Councilmember Wilson: I do not have any reports. I want to bring up flooding again. One other impact I do not think came up that is quite significant is the impact it’s having on the road itself, when you stand back and look that pavement is getting cut back in front of the houses and the roads are narrowed up because of that flooding and then cars drive on it so it’s breaking up the road too. So, there’s multiple impacts involved not just flooding. Anyway, I just wanted to point that out.

Councilmember Hunsaker: Center Street lost another foot off the side of the south side of Center during that last storm. Thank you, Tony for getting it cleared up and cleaned out before the flood blocked those main street gutters on the west side.

Saturday, we are having another glorious cemetery cleanup. A lot of work has been done. And we need as many volunteers as possible because we are almost ready to do the new fence. Has the grant check come, Aseneth?

Aseneth Steed: Not yet.

Councilmember Hunsaker: Okay, so that was rather disappointing. So now I am rallying anybody has got five-foot chain link laying around their house that they have not used in a while, let me know. I can use it. I have got about six hundred feet; I have got half of it donated already. I was talking with UDOT and talking with the county yesterday. I have to write a Resolution and take it to the commissioners, but I have been told we now have the land at the cemetery. It is about a 30-foot easement and as long as I give them the twelve feet, we are going to be able to add probably between that and extending where I am extending at the parking lot, probably close to thirty new plots. That is if all goes well. I have to make sure I leave enough room for the backhoe.

Councilmember Stirling: When will those be available to purchase?

Councilmember Hunsaker: As soon as we get the fence in, and the rock smoothed away. Hopefully, this cleanup will do that this weekend. We are taken out all the dead trees. We will have Mark who has very generously said he will come out and help pull the stumps and hold on to the dead trees while we cut them, so they are not going to fall on any of the stones and/or any of the monuments. I got most of the outside cemetery roadside cut down the last week or so. So, take the brush whacker in and Tony will have the water on for me in case I managed to start a fire. That is going really well. The cleanup is at 6:30 to 10:30am. We can try and beat the heat a little bit. There will be water and wearing close toed shoes and long sleeve shirts are strongly suggested and gloves.

Councilmember Stirling: How many feet of the chain link do you need and how high?

Councilmember Hunsaker: Five foot is what we have had donated so far. And then I found if we can get the donations of that I already had somebody donate the money for a chain link super paint, so it is primer in the paint UV protected will not peel and it prevents rust. It would be all black and it would match the front entry sign. So even if it has some rust on it, as long as the integrity is good, we will gladly take that.

Councilmember Stirling: Five feet by how long?

Councilmember Hunsaker: We need six hundred more feet. That is all I have; I will get that stuff prepared to make that land ours officially. County is now going to give us the land. They hope to never see me at UDOT ever, ever again.

Mayor Hoster: How many plots are anticipated to be opened up as a result of this?

Councilmember Hunsaker: We should be able to do two rows there. Right about thirty, about thirty new plots. Then we have the additional plots. There is now a five East, Surprise, and five east is just for Cremains. So, they can have up to four cremains in one vault. It is half the size of the regular but much more economical choice to go.

Mayor Hoster: My staff report might be a little bit long and depressing. I met with the waterboard. And there is an impact fee facility plan that is being assessed right now by all those who are participating with the Washington Water Conservancy District. It is anticipated that Leeds will probably be a part of that district, in in the future, depending upon the development. So, we pay close attention to what is happening. But we are not part of that agreement right now. It is important to note that the estimations of water available in southwest Utah in Washington County area are not anticipated to extend past 2028 unless other areas of improvement are done. This impacts all of us, regardless of our own water department. Keep in mind, the state owns all of our water. It does not matter what company is running it if it is Washington Water Conservancy, or Leeds, or St. George, the state owns our water. There is a lot of legislation that is happening right now on the Colorado River. I just met with the Washington Post yesterday, who came in and wanted to identify how we are facilitating this. I think, you got to meet with them too, Susan. You know, we are collecting national attention here in the southwest region and what we are doing about growth, what we are doing about water and conservation. So, you know, the use it or lose it kind of stuff was surfaced. I know that legislation was done this last time to mitigate. Some of those old ones roll off the books, some of it still exists, but the efforts to try and give us the water that we are going to need until 2035 included decreasing the amount per residential use from .89-acre feet of water per year to .59. Those efforts alone have been identified as not enough. They are looking at trying to also pipe all three of these reservoirs together, and then dig some additional wells. My understanding is the Sullivan well is another one that they are digging right up by Anderson junction with some hopes of trying to find additional source there. I am also understanding that there is an intent to bring in a reuse of water system. This reuse of water system is going to be incredibly expensive. It is where they use reverse osmosis on our gray water and then re pipe it into our homes. All of these are discussions that are happening right now at the Washington Water Conservancy District of which meetings I attend regularly, and the future is not great. I want to stress however, that we are not a part of the impact fees facility plan. We are trying to avert that as much as possible. But it is possible that we could become a part of that. We do have an agreement with Washington Water Conservancy as a contingency if something should happen to LDWA that we can tap into their water, and we pay them for that you see that on your water bill? It is not a great thing, but it is there. I wanted to bring that to the attention of the council. Does anyone have any questions about that?

Councilmember Stirling: We do not we do not see that on our water bill. We only see that on our property text,

Mayor Hoster: I am sorry. Yep. Thank you for that. Does anyone have any questions about it? That is a pretty grim depressing meeting. A lot of plans that they are trying to implement. I suppose I should also add they are forcing other cities that are part of this agreement to instill ordinances of which will reduce water for all new construction for landscaping and things. We do not have to do that here right now. But those are, you probably are seeing them in the news with St. George with Hurricane some of these places that are a part of that impacted agreement. They have to do those things to remain a part of it. We do not have too just yet.

Okay, well, if, if there are no other questions on that, I am going to go ahead and close this meeting.

12. Closed Meeting – None

13. Meeting was adjourned at 8:27 PM.

Approved this 14th day of September 2022.


Bill Hoster, Mayor



Aseneth Steed, Clerk/Recorder