[0:06] All right, I appreciate everybody's time to the ECHO Canyon Preliminary Municipality Board Meeting on May 28, 130 p.m., noting that we have a quorum in onsite. We have Jonathan Hoffman joining us virtually, or myself, Craig Weston, Trent Arnold, and Thomas Gottlieb, Melody McCannless, notified us that she was unable to make it today because of some family obligations.

[0:36] But she was distributed all the materials to review and she's we had a conversation based on any of the questions that she had of that time.

[0:45] So, all right, Jay.

[0:49] And Rachel's tent is also not able to attend this meeting.

[0:53] Okay.

[0:53] All right.

[0:55] So basically calling this meeting to order formally anything else I miss Jay or we good to move to the.

[1:00] No, that's it. We have we have the quorum. We have all of all that ready to go. Okay. All right. So the next one on the item is number two

[1:09] which is the approval of the minutes from the October 13th, 2025 meeting as well as the February 12th.

[1:16] 2026 meeting. Just wanted to make sure everybody has those and has had a chance to review them. I know I received them and I did review them. Any other questions or comments?

[1:24] I have reviewed no comments. I have reviewed no comments. Tom Gottlieb? No comments from

[1:30] Jonathan. Very good. So we can do it in one vote or two, as long as we specify the dates

[1:39] that we are approving. I will make a motion then to approve the minutes of the October 13,

[1:47] team, 2025, and the minutes of the February 12, 2026 meetings.

[1:54] Does anybody second that motion also?

[1:57] I'll second it.

[1:58] So we've got a motion from Tom Gottlieb, a second from Craig

[2:01] Weston with no other.

[2:04] Obviously, any questions, comments,

[2:05] before we go to take a two vote?

[2:08] None.

[2:10] OK, take a two vote.

[2:11] All in favor?

[2:12] Aye.

[2:13] Aye.

[2:14] Aye.

[2:15] All right, that vote is unanimous.

[2:16] Thank you all for doing that.

[2:19] J number three, public hearings, it shows that we've got nothing on the agenda, so we'll move to four.

[2:26] And I'll let you kind of take it from here in terms of the action items A through C, or sorry, E.

[2:33] We have A through F. So the first one is ratification of representation of litigation council.

[2:39] that was a contract that was following up on the first litigation case, we just added on and we just want to take a vote for the minutes for the record that we've taken that and are confirming we're using the same defense counsel for the litigation side.

[2:59] I am not the litigation council, so that is Smith-Noll's.

[3:05] So just an acknowledgement of that contract, a ratification of the award.

[3:09] Is that an actual vote or is that just more of a, we're all acknowledging it?

[3:13] So that's a vote.

[3:15] So we need a motion.

[3:17] Yeah.

[3:17] I'll make a motion to approve the ratification of the representation of Smith-Noll's litigation

[3:21] council.

[3:22] I'll second that.

[3:23] So we've got a motion in a second.

[3:26] All in favor?

[3:27] Hi.

[3:28] Hi.

[3:28] That is a unanimously approved move to be.

[3:33] Yes, so this is the renewal of the insurance

[3:39] and a new requirement that they're imposing,

[3:43] which is not a big issue, but we went ahead and want to add that in.

[3:49] The reason that we have to do this is when we approved the insurance contract

[3:55] and negotiation, we capped it at 5,000 based on rates that provided a buffer last year.

[4:02] As of January 1, those rates have increased significantly,

[4:07] and their lowest rates now are at $5,000 annually for the coverage that we have,

[4:13] plus any of the additional coverages that we have.

[4:17] So with any additional fees or anything, we pass over that approval for renewal.

[4:22] So at this point, I suggested 10,000 that's in line with the procurement policy and then also filling out the fraud risk questionnaire assessment which goes to both the insurance agency and the state auditor.

[4:40] That does become a public record with the state auditor's office. It's required for all governmental entities.

[4:45] And so now the insurance agencies that that we we work with are asking for that as well as part of their.

[4:53] Jay, just give a sense of what was the original cost and it's going up and obviously I'm comfortable $10,000, but what's the order of magnitude?

[5:00] So we're talking about a difference of about 3,800 to about 5,800.

[5:07] So we're providing a buffer again.

[5:10] So and and then we'll get all those final details we have to submit the last of the application and so this is enabling us to do that as long as it doesn't exceed this cap again, then we would be able to go ahead.

[5:25] Yeah, I'm fine with the cap given this is just an insurance payment.

[5:29] Anybody else have questions or comments?

[5:31] I think this is with Jay in the detail. I think this is the appropriate amount to lift the high agree that's a that's a prudent response. I agree.

[5:41] Jonathan, any thoughts are you good?

[5:44] All right, so the motion then will be as you've got to list it up here.

[5:49] Yeah, and then for the record, this, the questionnaire is part of the packet that was sent to you.

[5:58] It complete, it answers fundamental questions that are presented, as I said to everyone.

[6:03] There's a couple of things we're going to have to verify and complete,

[6:07] and then that would be finalized as part of it as well.

[6:10] So, but the action is to approve the resolution listed as item 4B.

[6:19] the resolution for renewal of insurance including confirmation of the fraud risk

[6:23] assessment. I do have somebody else make a motion. Before we do that Craig I just

[6:27] want since you have the benefit of going through the thing at the same time as I

[6:30] did. I've asked Jay on a number of the items on the fraud risk assessment things we've

[6:34] already discussed. I just want to make sure we get those paper correctly because we

[6:38] do get additional credit for some of those items that we've already put in place

[6:42] but maybe haven't formally adopted yet as it relates to, especially items under

[6:46] number two, with some of the credit and purchasing personal use of assets, IT. We have all of those.

[6:52] I just don't think we've adopted the answer. Jay is going to double check and see what we've

[6:55] already put in place and anything that hasn't been recorded will adopt at the next meeting.

[7:01] Yeah. Yeah. That's exactly right. A lot of these are, these are, does the entity have a written

[7:08] policy? So some of these we don't have because there's no cash proceeding into deposits. We don't

[7:14] have a written policy, but we can easily adopt one to have in place for when that changes.

[7:21] JJ, I would I'd recommend that we we just go through some of these kind of ticket and I don't

[7:24] say ticket tack or kind of smaller items to get them in place because of you know at some point

[7:28] we're going to start having those types of things. So we just want we don't have to go back into

[7:32] a piece mill. Yeah. And this year has to travel to Salt Lake for something it's better to have the

[7:38] policy before they have to travel and submit reimbursement. Yeah. Yeah. So we will plan on having

[7:45] some of these that are pretty standard forms on our next agenda for the next meeting in a week.

[7:52] Perfect. All right. Thanks, Greg. Yeah. All right. So I think we're back to, does anyone want to make

[7:59] that motion? I'll make a motion to approve resolution 4b as discussed, including the renewal of our

[8:06] insurance of the increased annual cost including the confirmation of the fraud risk assessment and

[8:11] questionnaire. Do we have a second? I'll second that. All right. Jonathan's got the motion.

[8:17] Tom has seconded it all in favor. I that is unanimous.

[8:23] I think it's correct. We're on to 4c. 4c so brief background on this. In the February meeting,

[8:31] the board adopted an amendment that kind of clarified the process for removal of a planning commission board member and then following that process, a letter was sent and this is the chair has that authority with advice and consent of the board.

[8:50] So, you know, advising consent is often just a, you know, I've talked about it at a meeting and therefore, you know, nobody objected and that's good enough but for our purposes, I'd recommend again having a vote just like we did on the ratification.

[9:07] There's not a formal resolution, but having a vote so that it's reflected in a minutes to remove board member tax.

[9:14] Yeah, and I'd like to put on the record, you know, the appreciation that we've given

[9:19] the extra for putting the time into it and everything else, and the amount of work,

[9:22] because it's certainly not a glorious and glorified position to be in.

[9:26] So we do appreciate his efforts that he had on the board.

[9:30] So I would second that, thanks for your service.

[9:33] Yep. Okay, let's do, is this an actual motion then again?

[9:37] Yes. Okay, all right, who wants to queue it up?

[9:42] I'll cue it up. So this is to approve the motion for C consideration with the advice and consent of the ECHO Canyon Board, the removal of an ECHO Canyon preliminary municipality planning commission board member.

[9:56] We have a second.

[9:59] Strand by second.

[10:00] So Tom's got the motion. We got the second. All in favor. Aye.

[10:03] Aye.

[10:05] Pass as unanimously.

[10:07] All right, for D.

[10:10] And so this is the update to the electronics meetings policy of one of the things that I do every year is is follow what's going on the legislature this year.

[10:20] There were some public notice.

[10:22] or the electronic meeting policy updates,

[10:26] they didn't directly affect ECHO Canyon,

[10:30] but at the same time, I was able to update down

[10:33] to a one page that's simplified and kind of clarifies

[10:38] so having it better up to date policy.

[10:42] That's been super helpful, Jay,

[10:45] so I appreciate your work on that.

[10:46] I know the legislative session can be pretty daunting

[10:48] with all of the changes I do,

[10:50] So really do appreciate your work on that.

[10:53] So yeah, that is it.

[10:57] And so part of that is just referring back to state law with some of these,

[11:02] these code references rather than trying to restate what's already there.

[11:07] So it's pretty, pretty streamlined.

[11:10] The only.

[11:12] There were also some corrections.

[11:13] So anyway, but the primary purpose, as you know, is to authorize a meeting structured like this,

[11:19] where board members can vote that are not physically present without a policy in place of some sort,

[11:26] that's just not possible. Awesome. All right, any other questions or comments on this one?

[11:32] No. Okay. Yeah, Jay, you want to roll back to that, to the title pageant. Who would like to make

[11:39] a motion on this one?

[11:43] Don't all speak up the ones. I can go for Jonathan. I moved to approve

[11:48] the resolution for the discussed, including the update to the electronic beatings policy.

[11:53] All right, we've got a motion with a second. All in favor, aye.

[11:58] All right, that passes unanimously. All right, four, it's E.

[12:06] All right, so this is the big one. So for the government entity on a fiscal year ending June 30,

[12:15] we have to have a tentative budget adopted

[12:22] and then a final budget hearing and adoption

[12:25] by the end of June.

[12:26] So this is the first in that set of meetings.

[12:30] It's we also during this meeting have to establish

[12:33] when that next meeting is, when the public hearing is.

[12:38] It's kind of one of the only times

[12:40] where we have to have a meeting

[12:41] where where we then say when the next meeting is going to be, but that's what that's the primary purpose of this

[12:49] because there were because there was not a budget previously, we reported the zero dollars, zero dollars for 26

[13:00] and and now we're just looking at 27, which are estimated budgets.

[13:04] So what we have, we amp now to be clear, the budgets are estimated in part because there has not been under the reimbursement and funding agreement that the echo canyon entered into with the property owner development entity, no calls have been made under that.

[13:27] So that authorized ECHO Canyon to enter into notes agreeing to repay reimbursements. So there have been expenses. I mean obviously I have expenses.

[13:40] The recorder has been paid. Those are being paid under that agreement.

[13:45] and we're in the process of getting requests in place

[13:49] so that the debts will be owed,

[13:54] but there's no obligation that those be on a timeline.

[13:59] So if that happens,

[14:00] we'll do a budget update in 27

[14:04] and kind of see where those are.

[14:06] To that end,

[14:07] the actual echocane expenses that we think

[14:11] would reasonably be anticipated would be

[14:15] about 25,000. There's not a lot going on, but there are administrative costs, legal costs

[14:22] that are tied to that. So, and that's subject to when the actual calls are made on.

[14:31] And then the second part of it is setting the budget hearing for June 4th at 1 p.m.,

[14:38] same place just a half an hour earlier in a week and we would post notice of that today

[14:46] so that it's it's posted seven days ahead of of that public hearing. Perfect. Any questions from

[14:53] the board on any of these items? Not for me. I'm pleased that we put all the work together. Thank

[14:59] Thank you, Trent, for that-

[15:00] Work. Yeah. No questions. No problems, no questions. Let's just ensure we pressed everything appropriately. Yeah, there's no. All right, Jay on roll back to the title page. We'll get a motion going. You can read. Yeah, I got. Anyone volunteer to do. I will volunteer to make a motion. So this is a motion for for e in the schedule pursuant to the written materials on the discussion that just took place.

[15:29] a resolution adopting a tentative budget for the fiscal year ending June 30, 2027, and setting June 4, 2026 as the date for a public budget hearing.

[15:41] Do I have a second?

[15:42] I'll second.

[15:43] Great. We have a proposal in a second. All in favor?

[15:46] Aye.

[15:47] Aye.

[15:48] That is unanimous.

[15:50] All right.

[15:52] So that that takes care of E and then F is an updated records policy.

[15:58] which is this resolution here. When we had the original foundational meeting

[16:08] back last year, we did adopt a records and communications policy. This is

[16:14] an update to that one. There were some clean-up, some typos, but the biggest change

[16:20] is to authorize fees for responding to grandma requests and adopting that as well, some clean up.

[16:31] So, that's what this is. It largely just adds a section at the end here for fees for

[16:36] records requests. Under state law, a government entity is able to charge for fees at cost.

[16:45] The idea is that the requester should bear the burden of that cost rather than the average tax payer.

[16:55] How's the cost calculated?

[16:58] It is the hourly rate of the lowest paid person able to complete that request, which means if the attorney is the lowest paid person that can complete the request, it is the attorney's rate.

[17:12] That's your rate right now.

[17:14] So, well, and now that we have Rachel on board for those purposes, it would be, it would be her, okay, for those parts that she can facilitate.

[17:25] So, that's, that is, that is the structure of how those work.

[17:30] And that's, that's kind of the idea.

[17:33] Perfect.

[17:34] Any questions on the board?

[17:36] I think this is reasonable.

[17:37] Appreciate you putting us together and researching what on our best practices are today.

[17:42] All right.

[17:42] So we want to make a motion.

[17:53] I'll second that. Let's take it to a vote. All in favor?

[17:59] All right, that passes unanimously.

[18:03] Okay. That was the last action item on the agenda.

[18:07] I don't have any, I'm not aware of any board member reports that haven't already been addressed.

[18:14] There's some takeaway action items for me to work with, with, well, Rachel on some of the items for the next meeting and putting together some of those, those additional items to help with the fraud risk assessment and those things.

[18:33] And then we'll also be looking at all, also be providing an update on some of the state level reporting at the next meeting too. So, okay.

[18:43] Sounds good. All right. We are on to, like you said, there's really no board reports and so any items that are for closed session litigation that anybody wants to talk about in private.

[18:55] I don't have any.

[18:57] No.

[18:59] Okay.

[19:00] Jonathan.

[19:01] I'm good.

[19:02] Okay.

[19:02] I don't think we have anything that we need to discuss in a closed session.

[19:06] So I will make the motion to adjourn our meeting for today.

[19:10] Do I have a second?

[19:11] I will second.

[19:12] Oh, we have two seconds.

[19:13] It was ready to get done.

[19:14] All right, everybody.

[19:15] We've got a motion to close and then a second.

[19:17] All in favor?

[19:18] Aye.

[19:19] Aye.

[19:20] All right.

[19:20] Thanks, everybody.

[19:22] Thank you.

May 28, 2026 Echo Canyon Preliminary Municipality Board

Transcript