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BRIGHTON TOWN COUNCIL MINUTES

REPRESENTATION ▪ COMMUNITY ▪ LEGACY

August 11, 2020 ▪ 6:30 pm ▪ Electronic Meeting ▪ Presiding: Mayor Dan Knopp

ATTENDANCE

Dan Knopp, Jeff Bossard, Carolyn Keigley, Jenna Malone, Keith Zuspan, Polly McLean, Barbara Cameron, Kara John, Nate Rockwood, Steve Pantuso, James Blanton, Dusty Dern, Kim Mayhew, Trent Sorensen, Kristin Cassell, Karl Bryner, Chelsie Bryner

ANNOUNCEMENTS

PUBLIC INPUT

Steve Pantuso expressed concern about no public bathrooms at Brighton, specifically the Lake Mary trailhead. There is increased foot traffic due to COVID and so a need for porta-potties. He regularly sees people relieving themselves in the woods 150 yards from his cabin.

MINUTES

Minutes for July 14th, 2020 were approved with the adjustment to the public comment portion to include a statement the statement requesting that RMP consider burying power lines as a solution to reduce the threat from tree fall.

UPD

James Blanton reported on the extra traffic due to the fire evacuation in Parley’s Canyon because of the fire on Mt. Aire. There were more cars in the canyon then ever seen before causing issues with the left turn at Guardsmans Pass. Officers were placed at the turn going uphill toward Guardsman to help to direct traffic. Cars were sent around the Brighton Loop to avoid the left turn and more easily pass the cars coming down the mountain. Jeff was appreciative of the extra help. Park City helped to turn around larger vehicles to keep the road from getting too clogged. This recent evacuation begs the need for an evacuation plan for our canyon, either over Guardsman’s Pass or down the canyon. Residents should be thinking of a list of essential things that they could pack to prevent delays during an evacuation. Another thing they’d like to see is that cabins have clearly marked house address numbers. There were several cabins unmarked in Mt.Aire, making it challenging to keep track of which residents had been checked. They had to use other ways of identification to keep track that are less precise than house numbers.

Vehicle break ins are still high, especially at Cardiff, Butler, the S turn and lower picnic areas. It points to the need for people to keep valuables in the trunk where they can’t be seen. They have posted reminders on roadside lighted message boards to help. There weren’t any domestic burglaries this month. There is more traffic in the canyon than previous years, including parking problems on Guardsman Pass. They’re still working on getting no parking signage and getting parking citations switched over to civil infraction which would also change the fee. Jenna asked if we could place No Parking signs with more frequency on the Big Cottonwood side in a similar way to how they did it on the Park City side. They’d like to increase signs to every 30 ft. even though it causes a challenge in the winter with removing them. Barricades have also been discussed as an option. Jeff explained that a sign at the top and bottom isn’t sufficient because people don’t recognize that it applies to the full stretch of road including the wider shoulders, such as the second switch back. UDOT still has changes for the Brighton loop. In terms of staffing, there is a new bid as of Aug. 2nd for the canyon which put Sgt. Ed Twohill on day shifts and Sgt. James Blanton on in the afternoon for the next 6-8 months. There is one vacancy and one retirement expected soon so they’ll need to fill those.

A written report was provided by Lee Arnold:

As you all witnessed, Big Cottonwood seen a great influx of traffic going over the Guard Road last week. It was so bad UPD had to close the road. As you may or may not know it was due to the fire in Parleys. This is a chance to look at your evacuation plan and prepare for what could happen when people over use a road that was not intended for that amount of traffic. Also when we had to evacuate Mt Air there were many who were not prepared. This may also be a good time to have items in a pack ready to go at a moment’s notice. I had one older couple who somehow was missed and had no idea they were supposed to evacuate. When I informed them they needed to leave the fire was only ½ mile away they panicked. They had no preparation. I had to remind them to get the medication and the very essential items. I tell you this so we can be prepared for when a fire hits Brighton, when were are prepared it is a calming effect knowing we have what we need when we need it. Another problem was the cabins, houses were not numbered properly on the house or near where they could be easily read. If this is your home please have it properly marked so we can easily keep track of who has been contacted and evacuated.

On another note vehicle burglary are still on the increase at the trail heads mostly at Cardiff, Butler Fork the S turn and the lower picnic areas. If you see something suspicious call dispatch and report it. There were no residential burglaries reported for the mouth of July and to date. Traffic remains a problem and UPD continues to deal with the problem. As you know there are changes to the Bright Loop Road I think will help with the ONE WAY traffic problem.

I hope everyone is safe and well if you ever have any questions please feel free to contact me at rarnold@ or 801 214 4544. If it is an immediate problem like traffic or other problems please call dispatch @801-743-7000.

Thanks

Lee

UFA

Dusty Dern reported that it’s been a busy fire season. He was the incident commander for the Mt Aire fire from the initial attack through yesterday evening. He’d had discussion with UDOT to influence the road closure. It was deemed necessary on the second day that Mt. Aire was threatened because it is a hazard to fly buckets over the roadways. Outside of that, fire Fuels Crews have been busy with mitigation projects. There have been an increase in medical calls for backcountry rescue by recreational users.

BUSINESS

Resolution for SLCo Municipal Service District Property Tax Rate and Brighton Property Tax Area Authority

The council unanimously voted to pass the resolution with a roll call vote. Nate Rockwood presented additional research on the property tax options. His initial understanding was that this tax was from the Greater Salt Lake Municipal Service District, but in fact it is Salt Lake County Municipal Service District’s special fund for unincorporated areas, the Legal Defense Fund. Legal defense fund. Now that we are incorporated, state code requires the tax automatically transferred to the town. Setting the rate at .00006 does not increase the property tax from where it’s been. There is no requirement to pay this amount to the county if we forgo implementation of the tax. There is no impact to the town budget if we don’t collect this tax. Ten years ago there was a collective property value of 10 Billion dollars but it is much lower now, reducing the need for the fund. Rather than remove the tax, they transferred it. It makes up such a small percentage of the town budget and it isn’t currently allocated toward anything. His professional opinion is that since the budget is balanced it isn’t necessary. Given all of this, Dan prefers to change it to .000000 to keep his promise to not raise taxes. Although the tax was already imposed and wouldn’t actually be an increase, the title on the notice would be perceived as a new tax coming from the Town of Brighton. Nate informed us that the tax notice was already mailed out to residents and included the .00006 but will be removed for the final notice. Everyone agreed with the sentiment to remove the tax.

Short-term rentals.

Polly began the conversations by asking what county codes we want to see changed. She’s been working with Salt Lake County members Jake Young, Ryan Perry, and Zach Shaw. The strongest way to regulate rentals is through business licensing. However, many properties are operating as a short-term rental without proper licensing. So, we can fine them or take away a license if non-compliant. Also to consider is if we want to make changes to the land use regulations or business regulations and fines. Polly communicated with Teresa Gray at SL County Health Department and they don’t have restrictions for numbers of bedrooms, however, it is something we should consider. Bigger homes would be more like boarding houses. Polly’s understanding of the Council’s concerns are getting property owners to be in compliance, and to limit density so that competing rentals don’t exhaust the fabric of the community. Dan explained that the Beartrap is under contract and until it is final it is best that he remains neutral. He also expressed concern that big parties are a problem for neighbors such as an incident in Pine Tree and supported that density is an issue in the example of another resident with 6 nightly rentals around them. Carolyn understands that controlling density isn’t recommended because of legal issues, so regulating the number of nights is a way to solve that problem. For example, permitting could be capped at 60, 90, or 100 days like other towns have put into place. Host compliance has worked well for South Lake Tahoe and other communities. The Health Department does not have a restriction against short term rentals where the residence uses a septic tank; however, septic tanks are a Salt Lake County restriction for rentals. Carolyn explained that if the “black” tanks reach capacity, waste seeps into the watershed. Polly checked in with Deborah Garner at the MSD where fines are currently set at $100/day for non-compliance. She warned however, that you cannot charge a fine until the transaction has been completed. There is nothing to enforce if someone only posts a listing on a website. Viewing listings on a host compliance platform is a way to reach out to owners for educational purposes, but not as a way of discovering noncompliance. That has to come from neighbors reporting illegal rental use. The town is already collecting local sales tax even if the rental is not permitted. Airbnb collects sales tax and remits it to the town on the owner’s behalf. Properties under a management company still need conditional use permits. They are not covered under a property management permit umbrella. If ownership changes, the permit passes on to the next owner. Solitude is different. They are zoned as a a Mountain Resort Zone (MRZ) which does not require conditional use permits. Kim Mayhew helped to clarify that if a property owner at Solitude chooses to rent out their unit independently they need to obtain a business license and tax ID number. If they rent out through a third party such as Airbnb or Vacasa, they need to be sure they are covered for tax ID and business license through the third party license agreement. The current numbers show 112 business licenses in the town with 36-38 of those being for nightly rentals. Dan suggested that if Solitude owners receive letters asking them to obtain a business license, but they are under the management of the Solitude Resort Lodging they should disregard those letters. Contact Kara with questions. The conditional use permit is required for the entire canyon with Solitude Resort as the only exception. Jeff thinks regulating determined by adequate parking places is more practical than by number of bedrooms. Dan supported that in addition, necessary utilities (water and sewer) are a must. As a matter of fairness, Polly explained it’s hard to limit density on a first come first serve basis and it would be better to regulate number of nights. She contacted the Town of Mountain View and they have a way to track rental occupancy. Carolyn supported that parking spots are an issue that needs to be planned for. And, all rentals should operate with a conditional use permit, so to gain compliance the process to obtain one needs to be made easier. Jenna questioned what it will look like if we remove conditional use permit requirements, or if there is a way to create an easier process. Polly performed a search of rentals available in the area and came up with several hundred. Dan questioned that the number because it may also be representative of Park City as well since we are a short distance away. Jeff figured it may be closer to 80 or more rentals in the canyon. Carolyn would like to further discuss the number of days and penalties for noncompliance. Jenna would like to see it made attainable to get a permit to encourage people to do so. Polly suggested a subcommittee to come up with bullet points for next the next council meeting. Jeff, Carolyn, and Jenna volunteered, and Kara will notice the meeting.

Milly Chalet public restrooms and port-a-potties at Mary Lake trailhead.

Jeff and Dan have been talking to Randy. We now have the Milly Chalet open temporarily and the town will give money to Brighton for maintenance. Jeff reached out to Forest Service and is working to get porta potties up there. He’s researched pricing options. Honey bucket costs $245/month, which includes servicing two times a week. Polly informed us that Alta was looking into more porta potties and the option of paying extra to be serviced more frequently. Dan suggested starting with 4 porta potties. The cost can be covered under the COVID relief money. There should be enough after the amounts are allocated to UFA and UPD to provide 3 months of porta potty use at a cost of less than $3,000. There may be enough of a remainder from that money to pay the CWC for bathroom upkeep and an increase in frequency of the other canyon bathrooms.

Funding for three new construction restrooms at Cardiff, Mill B, Storm Mountain. For Discussion.

Barbara explained there was a Forest Service Study on bathrooms in the canyon. The Plan presented on every bathroom in the canyon. The ones at Cardiff were the main concern even above anything in Little Cottonwood. The challenge is getting water to them for expanded toilets. The cost is at $1,312,000. We need to use our resources to make partnerships such as BCCA, the Council, Regional Salt Lake County, and CWC to come up with a plan to help with funding. Dan will try to get it on the agenda at the next CWC meeting. He also would like to see bathrooms as a priority for the capital improvement fund before building city hall. Nate suggested looking into tax grants from the county. Lindsay Nelson with the CWC does this kind of work and may be a good place to start.

Emergency Response Plan for the Town of Brighton.

The council adopted the Emergency Response Plan. Jeff thanked Doug and Kelly Lether, Barbara, Carolyn, Dusty and all of those that have put in the work that went into this over the last two years. He sent it to James Woodward to confirm that everything in it fits under the Emergency Response Plan. This covers more local specifics and gives more direction for emergency management. Jenna questioned where the one square mile is that’s owned by Salt Lake City. Jeff explained there are several areas in the canyon they bought to help protect the watershed. Dan explained they own a big piece of land at Willow Heights, and about 14 acres by Bear Trap, as well as the Stage Coach Road up to Guardsman’s road. Jenna made a move to adopt and Carolyn seconded.

Mailboxes: moving the mailboxes from the Brighton Store; replacement mailboxes in Silverfork.

Dan informed us he is in the works of obtaining the land from Salt Lake City that the old firestation and trash compactor are on. It’s likely they will give it to the town as a joint venture with the Solitude Improvement District. He imagines a community area with offices in the upper level and down below could be the mail facility where packages could be dropped. He’ll get a letter to the county mayor this week laying out the vision. Jeff explained the issue in the winter with the current mail location at the Brighton Store. That location makes it a difficult process for both Lisa to deliver and for us to pick up. Dan will also ask UFA about the land and look at our options. Polly said that often towns work with the postmaster to discuss the need for a post office since it is such a huge amenity and would make the service better for people. Keith spoke with the postmaster about adding boxes and increase services. That position is changing hands at the Cottonwood Heights location. As for the Silverfork mailboxes, it was suggested to move the current mailboxes from the highway to Silverfork Road, adjacent to the dumpsters. With a concrete pad installed you could put boxes back to back and get 32 boxes in a single space to increase the ability for service. The project could be done in stages with an initial pad of 4 boxes. These improvements would give Lisa a greater ability to drop mail and packages.

UFA Alternate Board Member Designation.

It was moved that Keith is the alternate on the board since he has already spent time working with UFA.

Animal Services Advisory Board Appointment.

In a previous meeting Jeff took the position on this board. He reached out a few months back when everything was virtual but they weren’t doing very much at the time. Keith explained they know we want to participate and will provide the contact information to Jeff. At this point they are meeting quarterly.

Town logo

Carolyn recommends we pay Zach Kelly $300 for the logo. His price tag was larger, but he is accepting of this amount. He will have it in the proper format to hand over to those that need it. Carolyn recruited him since we hadn’t committed to the other logos previously submitted on a volunteer basis. Once we decided on his images at the last meeting, he approached her for compensation, and they negotiated the price. Dan approved the payment.

REPORTS

Mayor’s Report

Dan discussed changes for UFA. The town of Riverton is exiting the Unified Fire Service Area (UFSA) which is the entity that collects tax and holds the real estate. Dan is a part of a smaller group that was designated to work on carrying it out. He joined the group in case it ever applies to us in the future, although we don’t plan on needing to exit. Riverton will get three fire stations and $1.1 M from the fund balance to start out. Herriman is next to exit UFSA, and when they do, they’ll need a contract to maintain the buildings. The main takeaway from CWC this month is that they are heavily working on improving bathrooms. They are also entertaining the idea of a train in the canyons to handle the traffic issues that UDOT is confronting. Dan has had several meetings this month with Mike Allegra who was the head of UTA and now works for Stadler Rail company. They are collaborating with the Anshutz’s group out of Denver. Their current project is a train to the top of Pikes Peak. It’s a 9.5 mile track with grades as steep as 28 %. It’s taken one year and the cost of the cars, both stations, and the track is $110 M. It’s privately owned by the Anshutz’s group who will collect revenues and operate the business. He estimated it would be in the $200-300 M range for our canyon. That’s a reasonable number in terms of what it would provide and comparable to our other options. It would be able to service the whole canyon because it’s a whistle stop train which allows it to stop anyplace in the canyon to let people on and off. UDOT is not in favor of this option. The CWC does not think it’s the only solution but wants it to be considered. It uses a diesel electric propulsion system downhill and it’s estimated that in five years it could be straight battery propulsion. In terms of capacity, additional cars can be added on to accommodate more people. It can engage with other tracks so it could carry on down 9400 South. The mayor of Cottonwood Heights is not ready to propose tracks that run north and south yet, but there would be that potential with this option. There are many comments opposing the gondola because it has limitations. Avalanche snow sheds may be needed for the train, but that might be necessary anyway. In addition to these meetings, Dan has been meeting with the candidates who will be our new representative for Salt Lake County Council: Dea Theodore and Terry Hrechkosy.

Council Members’ Reports

Keith reported that the MSD is moving into the budget cycle. The Justice Court gave their presentation and reported that UPD wrote 515 tickets in Brighton. Mr. Calbert who manages the process will provide the breakdown of those tickets and what the outcome was. Looking at the 2021 budget for the MSD they‘ve appropriated $250,000 for work on the roads that are managed by the town and the MSD. It includes Snowhaven, Old Prospector, Silverfork Road and Honeycomb Rd. Public works is not going to perform the project but will put it up for bid to other construction companies. In terms of WFWRD, they pick up trash on Monday and Thursday, and picks up recycling Tuesday and Friday. The compactor has been working well. Keith put in a request for work on the doors to change the nobs for handles. He’s also working on signage, so people won’t leave things on the floor, and signs to direct people to the Silverfork dumpsters for items that don’t fit rather than leave things by the compactor.

Carolyn reported on UPD. Taylorsville has given a year’s notice that they will be independent. Midvale will wait and see what happens with the UPD organization before determining if they will remain a part of it or exit. UPD is also working out the cost for what we can pay them for COVID expenses.

Jenna heard from community members that were concerned about the lack of speed limit signs. She reached out to the MSD and had one placed on Central Fork before the Willow intersection and has a request for 2 more. She addressed the issue of dogs in the canyon and the challenges with getting permits. SL County Animal Service stopped issuing permits in part because of COVID and the complications in the office, but also because the process isn’t very streamlined. It takes three agencies working together, SL County Health Department, Watershed, and SL County Animal Services. They are back to providing permits. Jenna has meetings with all three agencies and will report back next month. Dan would like to sit in on that.

Jeff reported on behalf of the Mosquito Abatement group. We’ve had the first case of West Nile Virus. It was in the south end of the valley and they are doing their best to keep the risk down.

BCCA Report

Barbara briefly reviewed the report attached in the packet. She compiled a list of community needs. In addition to restrooms, which was addressed in this meeting, there is a need to restore the water source at Storm Mountain Gulch. Because the water source is in federal Wilderness area maintenance has been delayed for many years. The Forest Service now has it as one of their priorities. Our advocates for trails in the canyon are John Knoblock, Kurt Nichols, and Bart Ruling and they are doing a great job. A thank you to Dan for securing the old firestation on the loop. There is the ongoing work against illegal mufflers. An item that isn’t in the report are the requests from Forest Glenn residents to retain the left turn at the Guardsman Pass intersection. Barbara has been in touch with SLC Public Utilities because they haven’t realized that a lot of people have been camping around Willow Lake. She assured them it’s been happening which begs the need for restrooms. An immediate solution may be to close the trail until something can be done. The report included updates from UPD, Brighton, and Solitude. She is hoping the best this upcoming season and that we should all do our best to support all business in this canyon. Chipper Days crews worked all weekend on the Parleys fire and made them unable to work in our neighborhoods. They anticipate they’ll come back starting Sept. 8th. There is a new program for mattress disposal which should help with trash compactor problems.

Dan also provided information that the UDOT paving project engineer anticipates being done tomorrow. They will still work on signage and a little work on shouldering but should not be as involved as its been. There is also a bid to put in the kidney shaped roundabout so people can turn right after from the Brighton Store.

PROPOSALS FOR FUTURE AGENDA ITEMS

a. Wasatch Mountain Lodge presentation of the history and potential partnership

1. The Short Term Rental working group will need to schedule and notice that meeting in the next two or three weeks.

2. Carolyn is meeting with the Special Events Committee next Monday in the firestation at 6:30 pm.

3. Jenna will Kara’s backup for the Municode website.

PUBLIC COMMENT

01:03:53 kmayhew: The short term rental license issue created a lot of conversation in the Solitude Village Master Association meeting last week. I have owners that rent through Solitude Resort Rentals and they got letters that say they need to get a business license. I have assured my owners who rent through Solitude are under our business license however, those who rent in Solitude on their own are a business and should have a business license to rent short term on their own. I just want to get clarification.

01:20:34 kmayhew: So, I'm not clear. My owners who rent through my property management SRL are exempt from needing a business license, correct??

01:21:56 Trent Sorensen: This is Trent Sorensen,

01:22:29 Trent Sorensen: If you have any questions as related to the building department on this one, let me know.

01:23:16 Keith Zuspan: Trent - thank you for the input; we will direct questions and comments to your office

01:25:36 Jeff Bossard: Kim, that is what I understand because the MRZ zoning designation allows multiple owners under i license.

01:26:05 kristincassell: @Kmayhew - I second your question. Please clarify the question: If owners in Solitude are managed by a property management company, do they have to obtain independent business licenses or can they operate under the management company’s license?

01:26:53 Jeff Bossard: If they are under your management they don’t need a license. If they are on their own, they DO need a license.

01:28:50 kmayhew: I would offer NO. I think that those who rent independently are flying under the tax rules radar.

01:31:22 kmayhew: They will only service once a week which is an issue we deal with.

01:31:45 Jeff Bossard: Luckily now Airbnb and VRBO do the taxes directly

01:32:22 Jeff Bossard: Honey bucket did say they would do it 2 times a week.

01:33:45 kmayhew: I love the fact that the town of Brighton is working on bathroom issues. Thanks all.

01:36:04 kmayhew: Yes, Jeff. Those entities (Airbnb and VRBO) provide tax documents to renters like we do so they should be covered under their business license.

01:37:00 kmayhew: Thanks for the note on the issue Dan, to help owners in a PMS. km

01:38:23 Jeff Bossard: Correct. Each person that rents thru one of those services (airbnb/vrbo) get the tax document and has the proper tax withheld and sent to the proper taxing entity (state or federal)

01:41:59 kmayhew: Thanks Jeff. I have recommended to the independent renters that they get a business license to satisfy the Town of Brighton of ordiance. Thank you.

01:43:55 kmayhew: I can help with the SLC land ownership that abuts to Solulide if anybody needs.

01:46:06 kmayhew: We have been appreciative of our involvement in the ERP and thank you Nick S from Solitude for your efforts in this project. Nice job!

01:48:09 Kirk.Nichols@health.utah.edu: Evergreen and Lady of the Lake already find crowded parking at the new fire station.

01:48:43 kmayhew: Jeff, that is a really good idea to spread out the mail service to boxes at another location like UFA/ UFA will have to approve that but good idea.

01:53:23 Barbara Cameron: Should we be concerned about increased traffic turning around on Silver Fork Road?

01:53:40 Jeff Bossard: Kirk, when do Evergreen/Lady of Lakes people park there?

01:57:03 Kirk.Nichols@health.utah.edu: Jeff, Evergreen and Lady of the Lake park there in the winter. UFA promised parking for us that was only plowed their first year.

01:58:14 Jeff Bossard: Ok, I was not aware of that. I think we could still put mailboxes there as people getting their mail are in and out. Your opinion?

01:59:40 Kirk.Nichols@health.utah.edu: Might keep the road more clear but not a good idea if we lose even more parking spaces in the winter.

01:59:50 kmayhew: jess...…...Dan. That's a scary thing. Glad you're ok

02:05:54 kmayhew: Train options are so much more expensive and it's a real issue for BCC .I am against the train option for BCC. The gondola option to start the winter transportation issues it THE BEST the way to start.

02:16:34 Karl and Chelsie Bryner: Dumpsters at the canyon slide area are an eye soar and is were Brighton township begins

02:17:58 Jeff Bossard: I agree Karl. I get to drive by them everyday. However, I do think dumpsters somewhere in that area are needed. Do you have a suggestion of a better place to locate them?

02:21:22 Karl and Chelsie Bryner: Changing them to wildlife dumpsters would help. (Side loading dumpsters)

02:22:35 kmayhew: Dan, I support the Brighton as a need as a town; we are support firw

02:23:09 carolyn keigley: If there is a place that they could be located out of the view of visitors you would see less problems

02:23:56 kmayhew: ops support fire turnaround. km

02:24:04 Keith Zuspan: Karl-thank you for the comments; we will work on different containers with Wasatch Front Waste

02:26:37 kmayhew: I am proud of all that has had been done one the town of Brighton. Nice job everyone. km

Dear Council Members,

I am sending this letter to you in response to a letter that I understand was sent to you by  Matt Mudek and Laynee Jones. To be clear I am sending this letter to you as Dan Knopp business owner of Silver Fork Lodge & Restaurant and not as the Mayor. This letter will provide additional information that I believe will be helpful to understand the issues.

The COVID-19 pandemic has caused our industry and me financial stress and one method that I thought would help relieve the stress was to purchase and operate a  food truck that serves hot dogs and shakes located on my upper lot.  Before I purchased the food truck I approached Matt Mudek and Tom and Sally Loken and asked if they were okay with a food truck at this location that served hot dog and shakes. They said they were supportive of a food truck and hoped it would help in these challenging times and they wanted to see us succeed (referring to the crisis that COVID-19 has caused for our industry). In these same meetings, I also offered to purchase and plant a few evergreen trees on the edge of Matt and Laynee's property if they would like to create a privacy wall. Matt said he would pick them out. I also plan to plant a few evergreen trees on the edge of our property for the same reason.

I also approached our other closest neighbors and received total support. After contacting the correct authorities to ensure we could put a food truck in our upper lot we purchased a food truck. With hopes that it would offset our drop in business volumes enough to allow us to stay in business through COVID-19.

After the food truck was operational Matt and Laynee were not happy and started complaining. I received complaints about the smell and the noise. I installed a large cylinder on the vent to dampen/reduce whatever noise the fan in the food truck creates. You can only hear the hum from about 20' away right now. Very quickly the complaints turned to asking us to close the food truck or move it to Brighton.

Matt and Laynee  then turned their complaints to the county and tried to drum up something; assumedly that would cause us to close the food truck and/or stop weddings.  As a result, the county launched a full inspection into the complaints regarding Silver Fork Lodge & Restaurant’s operations. Inspections including but not limited to:

1. business license

2. occupancy

3. bathrooms

4. parking

5. weddings

6. Fire wood cutting

7. Previous permits for things like the deck expansion

8. Health Department

The details of which are public record but I will attempt to  provide a summary:

1. Our building is grandfathered in since it was built long before the current codes, so the MSD building department "RECOMMENDS" adding in a panic hardware on a lower door, adjusting our max occupancy down by 50 people, and adding a different guardrail on the terrace. All of which we plan to do.

2. Unified Fire Authority said our property is fire code compliant with a few minor exceptions such as a sign needs servicing, post our max occupancy sign, and some exterior lighting needs servicing. All of which we plan to do.

3. Log cutting is allowed on our property. We use this fire wood on our property.

4. We have a business license that covers all our business sources.

5. Permits were found for the previous deck, sauna, and hot tub.

6. Weddings have commenced on our property for over 20 years and the vegetation in our event area proves it's an established area. We can provide affidavits to prove how long weddings have commenced.

7. The food truck is allowed in our area as a "primary accessory" to our property.

8. Overflow parking is along the highway as it is in every other part of the canyon i.e. resorts and trailheads.

After the scrutiny that Matt and Laynee have put me through, I continue to receive a barrage of texts from them pleading that I close the food truck. I have stopped responding to them and have chosen to go through the hoops they have created for me and continue moving forward. It is not a negotiation if one side only wants one thing, for the food truck to be gone. I was willing to work together, as you will see my above actions were sincere in trying to ease their concerns. However, I have 40 people that depend on me and Silver Fork to feed them and/or  their families. I have a family myself and expenses that do not go away even though COVID is wreaking havoc on my business. Many people do not understand the seasonal nature of this business and how hard it is to survive when you make your money in the summer months only.

I own the property that  my operations are on and I have tried to be a good neighbor and work it out among ourselves. However, once the neighbors start placing formal complaints to the county and town council I believe I have to limit my communications with them because they have taken it to the next level that doesn't feel neighborly or collaborative.

To address a couple other points of concern:

1. The food truck uses the restaurant as a commissary kitchen and Brighton does not have adequate utilities. Therefore, it needs to be onsite.

2. Years ago we implemented a noise limitation for our weddings after discussing it with Matt, Laynee, Tom, and Sally. Although for years Matt and Laynee persistently call our night manager to complain and at times are rude with him. The music is kept inside for receptions, the doors and windows are shut at 9, and the events commence at 10.

3. We never tell anyone to park on Silver Fork Road. We do instruct guests in wheelchairs to be dropped off on the lower trail to access the lawn and then park in the main lot. We have never witnessed any cars blocking the road. However, some guests have parked on the side of the road a couple of times in the parking spot that Tom constructed when he was building his new home. That spot is mostly Silver Fork property. For the record I have reached out to Tom and Sally two times. They have never tried to communicate with me about the food trailer.

At this point it is in the hand of the lawyers and county officials. I see little reason to communicate directly with Matt, Laynee, Tom and/or Sally. They have taken this to another level by going to the county  and hiring lawyers. My aim is to not drag the community into this.  I do not want people taking sides but I have to defend myself.

Thanks for your support.

Dan Knopp

Owner-Silver Fork Lodge

ADJOURN

The meeting was adjourned at 8:25pm.

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