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1O.B.3. REQUEST TO SPEAK FROM SPENCER SIMMONS REGARDING UTILITY USAGE FEE Spencer Simmons, Simmons Construction and Development, 118 43rd Avenue, representing himself and Meadows County Square, discussed a project where his company had installed a 4" main and tap under the road to tie into the force main for their small lift station. He said Mr. Meeks, the owner to the north, was planning to tap into his lines and he felt that he should pay his half of the expense. He questioned why the County Attorney's Office would not allow this item to be presented to the Board nor allow this to move forward. Utilities Director Erik Olson conveyed that it was not unusual for a Developer to lay utility lines, and when someone taps in, they pay a portion of the cost. He believed the issue was that this was "after the fact," and that the focus of the project had been on the impact fee issue. He stated that if the line which was put under the road was of minimal size, that a Developer's Agreement might be required, and that Mr. Meeks would not be happy with joining in on the Agreement. Director Olson said he would have staff review this again to see if this is practical, and if there is a middle ground on the process. Commissioner Wheeler wanted to know if the County had leverage to ensure Mr. Meeks would pay his portion. Director Olson said that Mr. Meeks had not yet tied into the line but was preparing to do so. He clarified that the County does have the ability to mandate the project at this time, but is limited to five years, beyond the five years it sunsets; meaning that if Mr. Meeks were to come back in six years, it would be sun-setted and he would not be obligated to tie in and pay his proportionate share. He also expressed that staff's goal is to minimize the bores under the road for the existing service line. 17 July 7, 2009