MINUTES OF THE REGULAR MEETING OF THE MAYOR AND TOWN COUNCIL OF CENTRAL VALLEY TOWN, SEVIER COUNTY, UTAH

HELD WEDNESDAY, APRIL 15, 2015

A regular meeting of the Mayor and Town Council of Central Valley Town was held on Wednesday, the 15th of April, 2015 at the Central Valley Community Center, 50 West Center, Central Valley, Utah at the hour of 7:30 p.m. after due and timely notice had been provided pursuant to Section 52-4-6, UCA, 1953, as amended.

COUNCIL MEMBERS PRESENT

Council Members: Mayor Kim Peterson, Charles Evans, Bryan Brown, Becky Bastian and David Nielson.

Absent/excused: None

STAFF MEMBERS PRESENT

Town Clerk: Allen Henningson

Town Treasurer: Shelley Brown

CITIZENS PRESENT

Bruce Riddle, Duane Scott Thomsen and Freida Keisel.

1. Opening Remarks given by Bryan Brown. Pledge of Allegiance. Meeting called to order and roll call. Mayor Peterson welcomed those in attendance at the meeting.

2. Approval of minutes of previous meeting. The minutes of the March 18th Town Council meeting were presented for approval. All members had reviewed the minutes. Mayor Peterson asked for a discussion of the minutes. The minutes were approved upon the motion of Bryan Brown and seconded by Becky Bastian. Mayor Kim Peterson voted yes, Charles Evans voted yes, Bryan Brown voted yes, David Nielson voted yes and Becky Bastian voted yes. The voting was unanimous in the affirmative.

3. Comments from Residents. Mayor Peterson welcomed Freida Keisel to the meeting and asked if she had any comments for the council. She said that she had no comments and said that she was a real estate agent in the area.

4. Park update. Splash Pad. Approve Splash Pad Invoice. Becky Bastian

Becky reported that the splash pad has been installed and is working well. When Slash Zone comes back they will be replacing one of the buckets. The final payment will not be paid until the splash pad is in use. Becky has obtained some bids for the landscaping around the splash pad and siding for the control building. Baker Landscaping has bid $800.00 to install the sprinkling system. Par 3 Stucco has bid $934.00 to stucco the building. Outsiders provided a bid for the roof and some siding options. Becky will work with Baker Landscaping to have the sprinkling system installed. There was discussion about the appropriate siding for the building. It was decided that metal would hold up better than stucco or vinyl. Bryan Brown suggested that Cody Payne be asked to provide a bid for the siding for the building. Bryan also suggested that a fence be planned around the building for it's protection. Becky will get another bid for the siding from Cody Payne. A rules sign will be mounted on the side of the building. Top soil from the maintenance yard will be hauled in and mixed with soil supplements prior to putting in the sod. The ribbon cutting for the splash pad is planned for May 16th. Becky Bastian made a motion to pay the invoice from Splash Zone for $60,620.00 less cost of fill material paid to Hawley Rock Products and any other costs that Splash Zone should have paid. Becky will provide the reduced amount to pay Splash Zone. Bryan asked if Splash Zone had paid for the concrete work. Becky responded that they had paid the concrete bill. David Nielson seconded the motion. Mayor Kim Peterson voted yes, Charles Evans voted yes, Bryan Brown voted yes, David Nielson voted yes and Becky Bastian voted yes. The voting was unanimous in the affirmative.

Becky reported that the inmate crew would be available for work at the park. There are some weeds that need to be pulled at the park. The baseball field is being used a lot. Tournaments are being planned for the baseball field. The concession stand is being run by the Bruse family. A net needs to be replaced at the basketball court. Becky said that we should have constructed an eight foot fence next to the Foot property.

5. Town Cleanup.

Shelley Brown reported that the block captains will take around a flyer about the town cleanup. Shelley said that everyone in town will be invited to attend. The cleanup is planned for May 5, 2015. Assignments have been made for cleaning projects that will start at 5:30 p.m. A meal will be served after the cleanup projects are completed. Sandwiches, chips, salads, relish trays and cookies will be served. Salads and relish trays will be provided by residents. The town will purchase the rest. Dumpsters will be placed at the monument starting next week. David Nielson suggested that we cleanup around the church on the north end of town as well. The tractor will be available during the cleanup to dump material in the bin. David stated that there was an anchor from an old power pole on 800 North that he has been working with Rocky Mountain Power to remove.

6. Adopt town wide garbage collection ordinance. Ordinance #2015-002. Consideration for those that cannot afford garbage service.

Mayor Peterson explained that we have been working on an ordinance to govern the town wide garbage collection that will start on July 1, 2015. There is one household in town that struggles paying their bills each month. There are times that we need to have the flexibility to work with our residents. Allen has provided a new version of the ordinance with the following sentence added. "Other residents may be exempted by the Mayor or Town Council." This will give us the flexibility that we need to work with those that cannot afford the garbage service. Mayor Peterson asked for discussion on the proposed ordinance. The council was okay with the proposed revisions. David Nielson made a motion to adopt the Ordinance to Govern Central Valley Town Wide Garbage Collection (Ordinance # 2015-002). Bryan Brown seconded the motion. Mayor Kim Peterson voted yes, Charles Evans voted yes, Bryan Brown voted yes, David Nielson voted yes and Becky Bastian voted yes. The voting was unanimous in the affirmative.

Ordinance #2015-002 was adopted and will be recorded and posted by the town clerk.

7. Update on Public Nuisance complaints near park.

The Foot's have moved the rake that was located in front of the snack shack back to their property. They have moved in another trailer to their property. There is no change with the debris on the property. Mayor Peterson suggested sending another letter to the Foot's. The letter needs to provide our specific itemized expectations. We need to provide pictures of the problem. We need to state that there may be abatement actions or criminal charges. We need to build our case against the property owner. Charles Evans stated that there may be more than one family living at the property. David Nielson stated that there may be a public health issue and that we should send another letter with pictures. It has also been suggested that a letter from our attorney may be appropriate. Bryan Brown suggested circling the problem areas on the pictures that are sent with the letter. We have not received an application for a business license for a savage yard at the property. Mayor Peterson reported that Terry Foot works for the salvage yard that Mr. Billingsley uses for his abatement activities. The town will prepare the second letter to be sent to the Foot's as described.

8. Land Use Ordinance Violation, West Center Street, discussion and resolution.

Mayor Peterson described the violations that are occurring on the Don Maxfield property on West Center. Don is living in the camp trailer in front of the garage. There is an addition being added to the garage. We have checked with the building inspector and the addition does not require a building permit. It is too close to the edge of the property. Don has asked Mayor Peterson if Luxury Homes had contacted him about requirements for placing a modular home on the lot north of lot where the garage and trailer are located. Mayor Peterson talked with Luxury Homes today. They are working with Don to try to obtain financing for a modular home. Our ordinance does allow him to live in the trailer while he is obtaining his new home. Mayor Peterson stated that he would keep checking with Luxury Homes on the status of Don's new home. The home would not fit on the lot with the garage. Don would need to pay the full impact and hookup fee for the new home. David Nielson suggested that a letter be sent to Don.

9. Street Planning and Improvement Project. David Nielson

David reported that he had talked with Brian Barton of Jones and DeMille Engineering. The report for our road planning and improvement project is about complete. He will meet with Brian next Friday at the Road School. David stated that he will have more information at our next meeting. We have received a bill from Jones and DeMille Engineering for the road study. They are asking for a 50% payment or $13,000.00. David Nielson made a motion to pay the $13,000.00 payment. Bryan Barton seconded the motion. Mayor Kim Peterson voted yes, Charles Evans voted yes, Bryan Brown voted yes, David Nielson voted yes and Becky Bastian voted yes. The voting was unanimous in the affirmative.

10. House Bill 362, Transportation Infrastructure Funding. Local Option Sales Tax.

David Nielson reported that he had met with Sevier County commissioner, Tutor Ogden regarding House Bill 362. The county wants all of the additional funding from the local option sales tax to go to the municipalities in the county. The county is planning to meet with the municipalities in May to discuss the local option sales tax proposal. They do plan for it to be on the ballot in November. They will want a resolution from all of the municipalities in the county supporting the tax increase. It will have an impact on our election as well. The Utah League of Cities and Town's has prepared a table that shows how much each municipality would receive as a result of House Bill 362. We would get $6,598.00 from the increased gas tax rate and a potential $4,730.00 from the local option sales tax for a total of $11,328.00 annual increase in road funds.

11. Community Impact Board. Application Process training, May 12, 2015.

Mayor Peterson reported that the Six County Association of Governments will be hosting a Permanent Community Impact Fund meeting that will provide valuable information concerning the community impact application process. The meeting will be held at the county building on May 12, 2015 at 2:00 p.m. Mayor Peterson and David Nielson are planning to attend. Others are welcome to attend as well.

12. Electronic Meetings.

Mayor Peterson explained that the planning commission had asked about having electronic meetings to allow some of their members to participate when they are out of town. Electronic meetings were discussed in the League's midyear conference last week. Allen explained that electronic meetings are an option but we must have an ordinance that allows for them. State Code 52-4-207 outlines the requirements for the ordinance. The meetings can be prohibited or limited based on budget. They require a quorum of the public body to be present at the regular meeting site to vote to have the electronic meeting. The request for the electronic meeting needs to be made three days prior to the meeting. Connections can be limited. A description of how the connections would be accomplished is required. Bryan Brown stated that it would be useful for the planning commission. Allen will prepare an ordinance to be adopted in a future meeting by the council.

13. Water System Violations.

Mayor Peterson reported that we have received a letter form the Utah State Division of Drinking Water that states our water system will get a "Not Approved" rating if we do not correct violations to our system by April 24, 2015. Charles Evans explained that the violations relate to not taking the required nitrate tests for 2014. There were 200 points accessed against our system for the violations. The required nitrate tests were taken in February. Charles will work with the state to assure that the points are removed from our system. Mayor Peterson and Charles Evans have worked with John Chartier of the state to remove the points assessed for not having meters on our water sources. Meters have been installed on all of our water sources.

14. Discuss 2015-2016 Fiscal Year Budget. Consider Amendment for Current Year Budget.

Allen Henningson explained that he had updated the tentative budget. He has removed the landfill assessment costs from the budget since we will not be collecting landfill costs for the county. Allen reviewed the $302,000.00 general fund budget with the council. The $181,000.00 enterprise (water) fund was also reviewed with the council. The new water fund budget will set aside $68,000.00 for major water system improvements. The tentative budget will need to be adopted in our May meeting with the final budget to be adopted in our June meeting. The tentative budget may have changes depending on how much is spent in the last few months of the current budget year. Allen will work with the county clerk to get the certified tax rate for collecting property tax. Allen asked the council if they had any questions about the budget. David Nielson asked if we could pay off the remaining $20,000.00 on the road loan. Allen said that the budget could be set up to pay off the loan but the funds are set aside in a separate PTIF account that is drawing interest. We do not pay interest on our road loan.

15. Approval of monthly expenditures. Mayor Peterson asked for a review of the March expenditures. Becky Bastian asked about the Hawley Rock Products charge for fill material at the splash pad. She stated that the cost of fill material and any other splash pad costs that Slash Zone agreed to should be deducted from the amount we are scheduled to pay Slash Zone for the splash pad. Becky will work with Slash Zone to determine the correct amount to pay them. Becky Bastian made a motion to approve the March expenditures as described. Charles Evans seconded it. Mayor Kim Peterson voted yes, Charles Evans voted yes, Bryan Brown voted yes, David Nielson voted yes and Becky Bastian voted yes. The voting was unanimous in the affirmative.