PUBLIC HEARING
Rockville Town Council Meeting
September 09, 2009
Rockville Community Center
1. CALL TO ORDER – ROLL CALL – Mayor Dan McGuire called the meeting to order at 6:00 p.m. The following members of the Rockville Town Council were present: Jeff Ballard, David Hatfield, and Pam Leach. Megan Honer-Orton arrived shortly thereafter at 6:05 p.m. See attached list for others present. Town Clerk, Elaine Harris, recorded the meeting.
2. PLEDGE OF ALLEGIANCE – Pam Leach led the Pledge of Allegiance.
3. DECLARATION OF CONFLICTS OF INTEREST WITH AN AGENDA ITEM – No conflicts of interest were declared.
4. PUBLIC HEARING FOR PUBLIC COMMENT REGARDING PROPOSED SUBSTANTIVE AMENDMENTS TO THE ROCKVILLE ZONING MAP – Jeff Ballard MOVED to go into public hearing. Pam Leach SECONDED the motion. A roll call vote indication all those present VOTED in favor of the motion.
Mayor McGuire remarked that the zoning map had been updated over the past several months by the Planning Commission. He viewed it as the best the Town can provide presently.
There were no public comments.
5. ADJOURN PUBLIC HEARING – David Hatfield MOVED to adjourn the public hearing. Pam Leach SECONDED the motion. A roll call vote indication all those present VOTED in favor of the motion.
6. PUBLIC COMMENT – Karl Hammer submitted a letter to the Council and expressed concern with open campfires that are left unattended and hunting on the bench. He remarked that he encounters people with rifles on the road every fall. Only yesterday a deer died within 150 feet of his home from an arrow. The hunter claimed that it was shot outside of his property. Mayor McGuire indicated that discharging firearms within the Town limits is prohibited by State law. There are, however, instances where people within the Town limits shoot varmints or animals that have attacked stock. He commented that very little can be done about that. He stated that there are firearms discharged within Town limits but not hunting rifles. The problem is that it is difficult to enforce and noted that no shooting of any kind is to take place within 200 yards of a residence. The Mayor questioned what the Town can do to prevent such situations from happening in the future. In the event of future incidents, Mr. Hammer was advised to contact law enforcement.
Mr. Hammer’s wife, Dr. Kathy Daly stated that there have been instances where intoxicated people have pulled down trees and built large fires. In those instances she does not want to approach those involved and thought signage was needed. She was concerned about the potential for a wildfire and expressed concern about questionable and dangerous activities taking place within the Town limits.
Mayor McGuire suggested increasing the level of visibility by the Fish and Wildlife people and suggested they be asked to patrol the area. It was reported that there is only one game warden for the entire county and that he typically posts paper signs during hunting season. David Hatfield suggested similar signs be posted in a visible area in addition to signage prohibiting open fires. Mayor McGuire remarked that if a warden patrols the area occasionally, word will get out and hopefully the unwanted activity will cease. He thought there was enough specificity in the ordinance for the police to enforce violations. The Mayor agreed to do what he can to make the area safer and will contact the BLM Area Manager, Jimmy Tyree.
There were no further public comments.
7. UPDATE ON EASTERN WASHINGTON COUNTY, VICTIM ADVOCATE PROGRAM – TIFFANY WELCH, VICTIM SERVICE COORDINATOR – Tiffany Welch briefed the Council on progress made. She remarked that the program is moving forward and they are now covering domestic violence in addition to assault and death notification. Ms. Welch explained that they now assist anyone impacted by crime. Reference was made to the Violence Against Women Act (VAWA) which enabled them to begin the program. They now are able dealing more than just violence against women and work with various agencies on an assortment of issues and are able to help more people. Ms. Welch had seen significant change in terms of education and making the public aware of the services they offer. The Council asked several questions and were pleased with the responses.
8. DISCUSSION AND ACTION ON AN ORDINANCE TO AMEND THE ROCKVILLE ZONING MAP – The Mayor recognized and expressed appreciation for the work that went into amending the zoning map. It was reported that the Rockville Planning Commission reviewed the Rockville Zoning Map, adopted in 1999, and determined that errors were made in the coloring of the zoning map. Justification for the proposed changes was described. It was deemed to be beneficial for the map to show the most current location of the Virgin River, access to both the Virgin River and some roads, and include sensitive lands designations rather than such designations being shown on a separate overlay. Action on the ordinance was postponed until after discussion of agenda item number nine.
Pam Leach MOVED to approve Ordinance No. 09-0909-1, An Ordinance to Amend the Rockville Zoning Map. David Hatfield SECONDED the motion. A roll call vote indication all those present VOTED in favor of the motion.
9. REPORT AND ACTION, IF NECESSARY, ON RECOMMENDATIONS OF THE PLANNING COMMISSION – PLANNING COMMISSION REPRESENTATIVE VIVIAN CROPPER – Vivian Cropper reported that the Planning Commission held a public hearing the previous evening regarding the proposed amendment to the Rockville Planning Map. There were no objections raised during the public hearing that would require further review by the Planning Commission. The Commission voted to approve the proposed substantive amendments to the zoning map and to forward it on to the Town Council for consideration prior to tonight’s public hearing.
Commissioner Cropper reported that the Commission approved a home occupation permit and business license for off-site/internet antique sales for Stephen Johnson with the condition that no retail sales are conducted on the premises.
Commissioner Cropper reported that the Commission also approved the revised building permit application and noted that there were only three changes from the previously reviewed application. The individual amendments were identified. Chair Hatfield’s written statement indicated that the Commission agreed to limit the height of all buildings to 25 feet. Until it is approved subsequent to public hearing and becomes part of the Land Use Code, the application must read as the current Code does. If approved, the application form will be amended to read that it is the Town’s intent to not allow any building to exceed 25 feet in height. Commissioner Cropper stated that the intent is to make the language agree with the Land Use Code. Commissioner Cropper agreed to present the Council with complete documents.
No action was taken on the Planning Commission recommendation.
10. REPORT ON NFIP SEMINAR – ALLEN BROWN – Mayor McGuire reported that Allen Brown attended a National Flood Insurance Program (NFIP) seminar in Salt Lake City and invited him to make a report regarding Rockville’s participation. Mr. Brown indicated that the Town is not now a member of the NFIP but included in the flood zone per the most recent maps. He noted that mortgage holders are now required to acquire flood insurance.
Mr. Brown referenced John Croft and Edward A. Thomas who conducted the workshop and summarized their presentation. Flooding was characterized as any overflow from a natural water course and is predicted to get worse over the next few decades due to changes in climate and human population. Although reports show that storms have not worsened over the past 10 years, more disasters were expected. He explained that as land is developed outside and inside the flood plain, the Base Flood Elevation (BFE) can increase and thereby increase the risk of flooding.
Mr. Brown reported that the term “100-year flood” is being replaced by “a flood that has a 1% probability per year”. Mayor McGuire commented that the 100-year flood issue has been confusing for many. Mr. Brown explained that even though a 100-year flood may have recently occurred, it can happen again at any time.
David Hatfield asked about runoff from mesas. He was aware of a runoff issue in Springdale that went into the home. Pam Leach recalled that Megan Honer-Orton asked John Crofts from NFIP about runoff at the last Town Council Meeting and he indicated that the incident would not be covered by flood insurance because it is not a natural water course. The Mayor pointed out that it could be covered by a homeowner’s insurance policy depending on the coverage.
Mr. Brown stated that NFIP provides low cost flood insurance, provides disaster assistance, grants, and loans. He explained that someone who owns property in or near the flood plain who questions their designation can have their property resurveyed. If the property is determined to be outside the flood plain, NFIP will help the property owner file a Letter of Map Amendment and assist them in negotiating with FEMA to have the map adjusted. NFIP requirements were reviewed.
Mr. Brown described the No Adverse Impact (NAI) concept and stated that persons who may be victimized by improper development are made aware and can have their concerns voiced to community officials. Supporting an adverse impact decision in terms of potential harm to other properties or emergency personnel is the best reason for denial of a project. Prevention of harm to the public is accorded enormous deference by the courts. The use of NAI will significantly reduce the probability of a loss in court. FEMA regulations encourage adoption of higher standards and take precedence. Mr. Brown noted that Utah Code providing immunity to governments probably does not cover poor decisions regarding public safety.
Takings and usage issues were discussed. Mr. Brown explained that a taking would involve denying the use of private property. If use is denied, the property has no value and equates to a taking. He noted that property owners are responsible for dams or trees that act as dams on their property that may affect neighboring properties.
11. DISCUSSION AND ACTION ON AN ORDINANCE TO AMEND ORDINANCE NO. 97-0618-1 – AN ORDINANCE ESTABLISHING AN HISTORIC PRESERVATION COMMISSION TO SURVEY AND INVENTORY COMMUNITY HISTORIC RESOURCES, TO REVIEW PROPOSED NOMINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES, TO PROVIDE ADVICE AND INFORMATION TO CITY OFFICIALS AND OTHER GOVERNMENTAL OFFICIALS, AND TO SUPPORT ENFORCEMENT OF STATE HISTORIC PRESERVATION LAWS – Mayor McGuire reviewed the ordinance.
Megan Honer-Orton MOVED to accept Ordinance No. 09-0909-2 An Ordinance Amending Section 2-A of the Rockville Historic Preservation Code. Pam Leach SECONDED the motion. A roll call vote indication all those present VOTED in favor of the motion.
12. DISCUSSION AND ACTION ON A RESOLUTION TO APPOINT MEMBERS TO THE ROCKVILLE HISTORIC PRESERVATION COMMISSION – Mayor McGuire read the resolution in its entirety. It was proposed that Sharon Hatfield, Terese Feinauer, David Hatfield, Jane Whalen, and Jack Burns be appointed to the Rockville Historic Preservation Commission for terms of no less than two years.
Pam Leach MOVED to approve Resolution No. 09-0909-1 A Resolution Providing for Appointment of Members to the Rockville Historic Preservation Commission.
David Hatfield remarked that the original ordinance and bylaws indicate that a member does not have to be a resident of Rockville. He explained that Jack Burns was a resident at one time but now resides in Springdale. Jane Whalen has been very active with the Grafton activities and the Historic Commission is piggybacking on that currently since they are not involved in anything else. He asked to be made aware of anyone with an interest in historic preservation so as to involve them.
Jeff Ballard SECONDED the motion. A roll call vote indication all those present VOTED in favor of the motion.
13. APPROVAL OF EXPENDITURES FOR THE MONTH OF AUGUST 2009 – David Hatfield questioned check number 5603 paid to the Rockville/Springdale Fire District for the Second Quarter Innkeeper’s Tax in the amount of $576.75. Clerk Harris explained that the payment represents the 1% Innkeeper’s Tax for the bed and breakfast. The bed and breakfast paid the Town who in turn paid the Fire District.
Megan Honer-Orton MOVED to approve the expenditures for August 2009. Jeff Ballard SECONDED the motion.
David Hatfield asked about the second quarter police protection and whether it is in keeping with the budget estimate. Megan responded that the bill is typically much higher than what was budgeted. The Town approved $1,000 per month and the actual bill has been $4,500 for three months, or $500 per month more than what was budgeted when the tax increase was imposed.
A roll call vote indication all those present VOTED in favor of the motion.
14. APPROVE MINUTES OF THE AUGUST 12, 2009 REGULAR MEETING – The minutes were reviewed and corrected.
Jeff Ballard MOVED to approve the minutes of the August 12, 2009 regular meeting, as corrected. Pam Leach SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
15. MAYOR AND COUNCIL MEMBER REPORTS AND COMMENTS –
David Hatfield – David hat nothing to report.
Mayor McGuire reported that the previous month the Council talked about the safety and liability inspection and each Member took responsibility for certain items. He asked for an update on progress made. Megan stated that she had completed her assignment of obtaining and placing a padlock. Jeff had not yet completed his assignment but agreed to get it done. Pam had no assignment. The Mayor stated that he was in charge of the exit lights. The intent was to have illuminated exit lights over building exits. He contacted Alliance Fire and Safety in St. George who has two different types. One is battery powered with batteries that last up to two years at a cost of $30. They also offer a 115-volt battery with backup for $60 plus installation. He supported the idea of battery-powered exit lights for which batteries can be replaced periodically. Cost issues were discussed. The Mayor anticipated the cost to be $30 per battery.
Mayor McGuire commented on a letter received with regard to ATVs. He suggested law enforcement be asked to increase its presence. The biggest problems were with people racing up and down River Road. He also suggested “no ATV” signs be posted at least on River Road before the next major holiday. David Hatfield stated that once a year an ATV group comes to Town for which the Town grants special permission, which is not covered in the ordinance. He suggested appropriate language be added to avoid being in violation of the ordinance. The Mayor remarked that when responsible citizens complain about ATVs the Council must act. He recognized that it is a problem and remarked that it is a touchy subject because there are families with roots in Rockville who visit once or twice a year who are disruptive. The Mayor reported that he patrolled the streets the previous weekend and saw no activity.
Mayor McGuire reported that he received a letter from Max Gregoric who resigned his position on the Planning Commission. He explained that Mr. Gregoric has other civic obligations and can no longer serve. The Mayor had a few candidates in mind but was open to suggestions. It was noted that the vacancy must be advertised.
The Mayor stated that because there three more Town Council Meetings were scheduled this year, there are a number of issues he will need to delegate. He explained that because he will not seek reelection and it is not known who the new mayor will be, there needs to be some insight and correlation with regard to Five Counties issues. One example was the capital improvements list. The Mayor explained that there were no improvements on the one-year list, however, cleaning and maintenance of the Rockville bridge appeared on the five-year plan. A $200,000 grant was being sought and part of the application process includes a one-year action plan and five-year strategy, both of which have to be submitted to Five Counties. A worksheet was available showing what other communities are doing and requesting. The Mayor wanted time to work with the assigned Council Member so that they are familiar with the issue prior to the new mayor taking office.
David’s experience was that Five Counties takes a dim view of anything that does not create jobs. At one time the Town talked about the possibility of pursuing a second firehouse. Mayor McGuire stated that application was made previously, however, there were difficulties and the Town lost their priority for that year. The Five Counties’ three priorities are firehouses, sewage, and water. In addition, they look to create jobs and help low-income families. The Mayor stated that the firehouse issue can be pursued again but the process will have to start over. Jeff asked for a description of types of qualifying projects. Mayor McGuire responded that Five Counties is likely to approve projects such as ambulance buildings and street improvements. David Hatfield accepted this task.
Mayor McGuire reported that every five years the Town has to rewrite the Consolidated Plan for Five Counties. He explained that the Consolidated Plan is a coordinated plan process for federal and state funding programs. The program addresses housing, community development, and economic development issues for counties, cities, and towns within the district. The Council Members were asked to assess homes in their district that fall into two categories; severely deteriorated or dilapidated. The Mayor stated that in the past he asked for input from the Council on homes that are in poor condition. The addresses were then compiled into a list. Pam Leach accepted this task.
The Mayor reported on two seminars being offered by the Five Counties Association of Government. One was an evening workshop presentation to develop a CIB (Community Impact Board) Program and the other addressed the new Energy Efficiency and Conservation Block Grant Program. Megan Honer-Orton expected to attend the Workshop on Energy Efficiency.
Mayor McGuire received from the Five Counties Association of Government the Community Facilities and Infrastructure Assessment Update and stated that Five Counties claims that the Town did not provide input in 2008. He acknowledged that that may have been the case if the form was not provided to the Town. The Mayor stated that the Town’s list of fire equipment might need to be updated and must be coordinated with Fire Chief Ryan Ballard.
Information the Mayor received from the Council on the Washington County Community Impact Fund Board was reviewed.
Mayor McGuire shared influenza information obtained at the most recent Mayor’s meeting. Dr. Blodgett, who serves as the District’s Health Officer, was in attendance in addition to other IHC doctors who were asked about major public and medical health issues facing the U.S. If asked, a public health doctor would say that the number one public health issue facing U.S citizens is cigarettes with obesity and alcohol as second and third. Alternatively, a hospital medical doctor would say that heart disease is the biggest problem followed by cancer. During the meeting, Dr. Blodgett indicated that there are 28,000 to 40,000 deaths annually from influenza in the United States. The Mayor remarked that all animals and humans can contract the flu.
Megan indicated that the Town purchased 100 doses of flu immunization as a preventative measure for their first responders. The Town won’t get it, however, unless the Health Department distributes it. The Mayor stated that the possibility of a pandemic is being dealt with as a certainty. In that event, a triage will be set up in the hospital parking lot. Those without a high temperature will not be seen by a doctor and sent home. Citizens will be advised to stay indoors and treat themselves. The Mayor suggested the idea of checking on sick people via telephone to help control spreading. Megan thought that was a good idea but stated that there will be people who will be unable to care for themselves who will need to come to the Community Center for care. The Mayor suggested a plan be developed specifying what types of services can be offered at the Community Center. Megan stated that such a plan already exists because of the CERT team who will be responsible for assisting those in need. Some people will also need to come to a central location where they can be treated minimally. She reported that the cost of the two-part flu vaccines will be $50. Dr. Blodgett assured Mayor McGuire that Rockville’s share of Tamiflu is in the stockpile.
Megan indicated that she received no response to her newsletter article about collecting various supplies for the community center. In time of crises, however, she was confident that the Town will be able to obtain the needed supplies. Mayor McGuire commented that in order to affect change people must experience a significant emotional event. He remarked that in the case of a flue pandemic, all fluids and waste from an infected person are infectious, which present additional problems in public care centers.
Megan Honer-Orton reported that the CERT team is not meeting currently but will start back up in November. She commented that the Rockville sign is now lit at night using solar lighting. The Solar Committee has also been busy obtaining prizes and auction items for Rockville Days.
Noise issues were discussed. Megan indicated that she had a discussion recently with a woman who drives Harley-Davidson motorcycles and asked her what the Town should do to control noise. She explained that the justification for Harley motorcycles being so loud is that they believe that “loud pipes save lives” because people often do not see motorcyclists. Megan reported that most people who ride Harleys are middle-class individuals over 40 years of age who ride on weekends. Those who cause problems are in the minority. The woman suggested the Town post signs and ask motorcyclists to keep the noise down. She believed that approach would be effective for the groups she rides with. She also pointed out that Rockville is slightly uphill which makes keeping noise down more difficult because the engines are louder when going uphill. Megan thought it was worth a try to post signs. The Mayor did not want to turn the motorcycle community off to Rockville.
Pam Leach reported that she has ordered the obstacle course and bounce house for Rockville Days and asked if the events should go for the full four hours from 10:00 a.m. to 2:00 p.m. or for three hours from 10:00 a.m. to 1:00 p.m. The difference in cost between the three and four hours was $75. She also had completed posters she expected to have posted within the next few days advertising Rockville Days and requesting crafts and baked goods. In response to a question raised, Pam stated that she had not yet found someone to be in charge of the country store. She remarked that she planned to put up a children’s craft table with various activities. An auction was also scheduled from 11:30 a.m. to 1:00 p.m. Clerk Harris asked what the funds generated will be used for. Pam’s recollection was that they were to go to the Energy Efficiency Committee. The Mayor recommended enclosing the lighting at the patio be postponed and included in next year’s budget. Pam indicated that she will distribute fliers in mailboxes the week before Rockville Days.
Jeff Ballard reported that the Rockville/Springdale Fire Department put water on Grafton Road the previous night to allow the road to be graded. The intent was to haul gravel to the area through the week.
16. TOWN BUSINESS – Clerk Harris stated that she needs two to three people to help with absentee ballots. She asked that Members of the Council who are not running for office assist with that task. She was unsure of the day but asked that Council Members email her dates that work and don’t work for them. The Mayor and David Hatfield offered to help.
Clerk Harris reported that the State Auditors identified a problem with the Town budget. She indicated that she included too much on the State Report Form, which involves an internal correction. She agreed to provide the Council with an updated copy.
Clerk Harris referred to a voter blog being coordinated by Fay Cope containing information on candidates. The blog will be specific to Rockville and its local candidates. Attempts were being made to obtain contributions. The Mayor was concerned that many in Town don’t have computers and was opposed to making the blog the main focus of the campaign.
The Mayor expressed an interest in doing a show and tell for the recent painting of the basement of the recreation hall. The Council will view the improvements after the close of the meeting.
Megan reported that she and Clerk Harris have been working with someone from the State of Utah about addressing in Rockville. She commented that ultimately some addresses in Town will need to be changed for the benefit of emergency responders. She was not aware of any incidents in the past where emergency providers have had difficulty finding an address.
17. ADJOURN – Jeff Ballard MOVED to adjourn. Pam Leach SECONDED the motion. All those present VOTED in favor of the motion.
The Meeting adjourned at 7:55 p.m.
Minutes prepared by:
Teri Forbes, Owner
T Forbes Group
APPROVED:
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Mayor Dan McGuire
A synopsis of the foregoing minutes was posted at the former Rockville Post Office, the new Rockville Post Office, and the cabinet located on the north side of SR-9 near Bridge Road by _____________________ at approximately __________ AM/PM on __________________.
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