VIRGIN TOWN COUNCIL
will hold a Regular Meeting at 7:00pm on WEDNESDAY,October 22, 2008
at the Town Hall, 114 South Mill Street, Virgin, Utah.
The pre-meeting work session will begin at 6:30pm.
WORK MEETING: 6:30 pm Town Hall
a.Discuss appointment of a Virgin Town representative to the Alcohol Prevention Task Force
********AGENDA *******
REGULAR MEETING: 7:00 pm Town Hall
b.Call to Order – Mayor John Grow
c.Pledge and Opening Remarks
d.Declaration of Conflicts of Interest
NEW BUSINESS:
e.Presentation by Washington County Water Conservancy District General Manager Ron Thompson regarding water development projects and the 1/1/2009 rate increase.
f.Discussion with possible action on the adoption of the 2006 International Building Code and 2006 International Residential Code, as mandated by the State and recommended by the Town Building Inspector and the Town Attorney.
g.Discussion with possible appointment of a Chairperson for the Virgin Town 4th of July Celebration.
h.Discussion with possible appointment of a Virgin Town representative to the Alcohol Prevention Task Force
i.Discussion with possible action on a joint Virgin-Washington County Resolution Concerning Alcohol Abuse in Our Community.
j.Discussion with possible action on the revised ordinance, as approved at the 10/1/2008 Planning & Zoning Commission meeting, requiring the acquisition of a permit to excavate or de-vegetate land within 100 feet of the Virgin River flood plain.
k.Discussion with possible approval of the 8/27/2008, 9/3/2008, and 9/24/2008 Town Council Minutes.
OPEN FORUM: Limit to 2 minutes each.
COUNCIL COMMENTS: Discussion with Approval of:
l. Review of Invoices & Checks – September 2008
ADJOURN:
m.Public Meeting
Ray Golata, Town Clerk
Posted at the following locations on the 21st day of October 2008: Virgin Town Hall 2. Virgin Post Office 3. Red Coyote Café.
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communication aids and services) during this meeting should notify Ray Golata, Town Clerk at (435) 635-4695, at least 24 hours in advance.
FINAL
VIRGIN TOWN COUNCIL
MEETING MINUTES
Wednesday, October 22, 2008
Present:
Members:Mayor John Grow
Bill Adams
Lee Ballard
Bruce Densley
Luke Stevens
Others:Ray Golata, Town Clerk
Larry Amodt
Tom Miller
Dan Snyder
Darcey Spendlove
WORK MEETING
a.Discuss Appointment of a VirginTown Representative to the Alcohol Prevention Task Force.
REGULAR MEETING
b.Call to Order – Mayor John Grow.
Mayor John Grow called the meeting to order at 7:00 p.m.
c.Pledge and Opening Remarks.
The Pledge of Allegiance was recited.
d.Declaration of Conflicts of Interest.
There were no conflicts of interest to report.
NEW BUSINESS
e.Presentation by Washington County Water Conservancy District General Manager Ron Thompson Regarding Water Development Projects and the 1/1/2009 Rate Increase.
Washington County Water Conservancy District (WCWCD) General Manager, Ron Thompson, made a Power Point presentation, which identified WCWCD Board Members, discussed the history of the WCWCD’s reservoirs, aquifers, treatment plant, and wells. Mr. Thompson discussed the proposed Lake Powell Pipeline and what it would provide by way of water, electricity, and cost. Mr. Thompson’s presentation covered in detail the results of WCWCD’s recently released Lake Powell Pipeline 2008 Public Opinion Survey. He also showed a slide indicating what VirginTown’s new water rates to be paid to the WCWCD will be effective January 1, 2009.
f.Discussion with Possible Action on the Adoption of the 2006 International Building Code and 2006 International Residential Code, as Mandated by the State and Recommended by the Town Building Inspector and the Town Attorney.
Mayor Grow reported that the state has now made the 2006 International Building Code and the 2006 International Residential Code the law. The Town Attorney and Town Building Inspector informed the Mayor that they need to adopt both. Bruce Densley questioned why they need to be adopted since the state already has adopted them. He thought there was some redundancy there. Bill Adams asked if there were any conflicts between the current ordinances and the international codes. Mayor Grow remarked that the Town can be stricter but they cannot be more lenient than what is set out in the codes. Bruce Densley recalled that the Town had had problems in years past with the International Fire Code.
Lee Ballard recalled that it was a similar situation with the building code, which was why the Council could not decide whether to adopt it, or not. When the state adopted the code, exceptions were made to certain provisions. Mayor Grow reported that the state had been working from the 1986 code until the 2006 version came out. Lee Ballard viewed it as a legal issue and stated that if someone were to violate the building code they would be violating the state code. Mayor Grow stated that it is mandatory that the Town comply with State Code.
Bruce Densley moved to adopt the 2006 InternationalBuilding Code and 2006 International Residential Code by resolution as mandated. Luke Stevens seconded the motion. Vote on motion: Luke Stevens-Aye, Bill Adams-Aye, Bruce Densley-Aye, Lee Ballard-Aye, Mayor Grow-Aye. The motion passed unanimously.
Lee Ballard thought it might be a good idea for the Planning and Zoning Commission to make some distinctions since there are ways in which the Town ordinances conflict. In fact, it states that any building or structure requires a building permit, which differs from what the building code says. She stated that there will have to be some sort of change made. The Mayor suggested the Council at this point refer to the Planning and Zoning Commission. Planning and Zoning Commission Member, Larry Amodt, stated that in every case other than the one referred to by Council Member Ballard, the International Building Code is more restrictive than the Town’s standards.
g.Discussion with Possible Appointment of a Chairperson for the VirginTown 4th of July Celebration.
Lee Ballard moved to table agenda item G.
Darcey Spendlove stated that the fundraising committee held a meeting recently to review the sesquicentennial celebration with regard to what it accomplished and how much money was generated. It was suggested at that time that instead of having two big events, they be combined into one big Town event. Mayor Grow asked if the Old Church Committee wanted the funds donated toward that and whether they were willing to take on the responsibility of organizing it.
Bill Adams clarified that the Old Church Committee only determines what is done for the 4th of July Celebration. He commented that there will also be a July 24 celebration of some type each year. Ms. Spendlove stated that the committee suggested someone volunteer or the Council decide where the funds are to go. The Mayor thought it was an important project and if the Old Church Committee is willing to step up and take on the responsibility, it would be a perfect place for the money to go. Lee Ballard agreed. Ms. Spendlove stated that Lori Rose indicated that in 2009 they have to do a lot of fundraising since construction cannot start until there is money in the bank to pay back or match the existing grants.
Mayor Grow moved that the OldChurch Committee step up and run the 4th of July Celebration with all monies raised going to the OldChurch Fund. The motion died for lack of a second.
Lee Ballard asked if the money contributed to the fund would be after expenses. The Mayor suggested it be budgeted in and whatever is made can be included in the budget that will be contributed. Bill Adams did not think the Council should determine at this point what to do with the money. The issue at hand was appointing a chairman for next year’s 4th of July Celebration. Money distribution issues were discussed. Council Member Adams stated that there may be others who are interested in participating in the 4th of July celebration. The various efforts involved were discussed. Ms. Spendlove stated that the Old Church Committee put a lot of effort into advertising but the Boy Scouts benefited.
Lee Ballard recalled that previously when the matter was discussed the intent was to offer the event as a fundraising opportunity for anyone. They were asked to make their case to the Council in order to get the opportunity. The Mayor agreed with Bill Adams in that there ought to be enough money for anyone who steps up. He did not believe, however, that it should go to a private party like it did last year. Instead it should be a Town-sponsored organization. Bill Adams reported that the Church sponsors the Scouts. All of the boys that participate live in Town and not all are Church members.
Mayor Grow stated that fair notice has been given and Luke Stevens and Bill Adams can both represent the Scouts. Bruce Densley thought that both could benefit from the profits. Mayor Grow stated that the difference would be that the Old Church Committee would have the $1,000 budget while the Scouts would buy and sell their own products and make a profit off of what they supply. Ms. Spendlove stated that they can work together and participate in the 4th of July Committee.
Mayor Grow moved to appoint a chairperson from of the Old Church Committee and Boy Scouts of America Troop 354 to co-sponsor the concessions for the Virgin Town 4th of July Celebration. Luke Stevens seconded the motion.
Lee Ballard suggested the Old Church Committee be given the leading role. The Mayor stated that the Scouts would be involved with concessions.
Vote on motion: Luke Stevens-Aye, Bill Adams-Aye, Bruce Densley-Aye, Lee Ballard-Aye, Mayor Grow-Aye. The motion passed unanimously.
h.Discussion with Possible Appointment of a VirginTown Representative to the Alcohol Prevention Task Force.
Lee Ballard moved to table agenda item H regarding the appointment of a VirginTown Representative to the Alcohol Prevention Task Force. Bruce Densley seconded the motion. Vote on motion: Luke Stevens-Aye, Bill Adams-Aye, Bruce Densley-Aye, Lee Ballard-Aye, Mayor Grow-Aye. The motion passed unanimously.
i.Discussion with Possible Action on a JointVirgin-WashingtonCounty Resolution Concerning Alcohol Abuse in Our Community.
The Mayor reported that the above item was passed at the last meeting.
Lee Ballard moved to remove agenda item I from the agenda. Bruce Densley seconded the motion. Vote on motion: Luke Stevens-Aye, Bill Adams-Aye, Bruce Densley-Aye, Lee Ballard-Aye, Mayor Grow-Aye. The motion passed unanimously.
j.Discussion with Possible Action on the Revised Ordinance, as Approved at the 10/1/2008 Planning and Zoning Commission Meeting, Requiring the Acquisition of a Permit to Excavate or De-Vegetate Land within 100 Feet of the Virgin River Flood Plain.
Bruce Densley stated that some of the lots in Rio de Sion are in the flood plain, which might take up a large portion of their property. Mayor Grow reported that what would be required would be a permit so that the Town is aware of the excavation being done. He did not want to end up with a situation where all of the vegetation is removed. Bruce Densley asked what type of permit would be required. Lee Ballard stated that the matter was passed some time ago and expired. The Mayor stated that a temporary permit was issued previously. Town Clerk, Ray Golata, stated that the Planning and Zoning Commission broadened it to exclude farms and ranches. The Mayor explained that the permit will give the Town notice of what is taking place and prevent a situation like the one that took place previously where a property owner removed the vegetation and bank. It was clarified that there would be an advisory that applicants must comply with all federal, state, and local requirements.
Bruce Densley moved to accept the revised ordinance as indicated on agenda item J. Luke Stevens seconded the motion. Vote on motion: Luke Stevens-Aye, Bill Adams-Aye, Bruce Densley-Aye, Lee Ballard-Aye, Mayor Grow-Aye. The motion passed unanimously.
k.Discussion with Possible Approval of the 8/27/2008, 9/3/2008, and 9/24/2008 Town Council Minutes.
Lee Ballard stated that she left her corrected minutes at the TownBuilding when she left the last meeting early. Her revised copies had since been misplaced. It was suggested that approval of the minutes be tabled.
Luke Stevens moved to table approval of the minutes. Lee Ballard seconded the motion. Vote on motion: Luke Stevens-Aye, Bill Adams-Aye, Bruce Densley-Aye, Lee Ballard-Aye, Mayor Grow-Aye. The motion passed unanimously.
OPEN FORUM:
Luke Stevens recalled that in a recent meeting with local police officers, Kurt agreed to provide Bruce Densley with information about signs. Various bids were obtained for signage along Kolob Road with prices ranging from $3,000 to $7,000. A solar powered programmable sign could be obtained for $4,000 to $5,000. Mayor Grow thought the traffic in the proposed area created a critical safety issue and the Town should not scrimp on signage. He clarified that it was an expense that must be borne solely by the Town. Council Member Stevens stated that Kurt made a suggestion that if the Town cannot afford two signs that they purchase one now and locate it near Kolob Road. Bruce Densley thought that was a great idea. It was clarified that it would be a permanent sign. The signs that are mobile cost a lot more. The Mayor suggested purchasing one sign now and another when they can afford it. Bill Adams stated that it could be made to be portable by putting a sleeve in the ground and dropping the post into the sleeve. The Mayor stated that the matter was discussed previously and the Council agreed at that time to expend money for the sign.
Luke Stevens reported that Fire Chief, Sandra Grow spoke to him recently about the locked gate near Darcey Spendlove’s home. Chief Grow stated that that had caused problems last year for her when she was out with the BLM on a fire. She said that to her knowledge, the gate was still locked and needs to be unlocked. Chief Grow provided Council Member Stevens with a letter addressing a previous conflict with the gate. His understanding was that the Town did not have a problem with the gate itself, but it must be unlocked by a secondary access. Mayor Grow stated that that was part of the original agreement with Rio de Sion. The access was to be available and improved to a weathered access.
Ms. Spendlove suggested the matter be investigated further since the CountyRecorder’s Office does not show it as a public road. Easement and access issues were discussed.
COUNCIL COMMENTS: Discussion with the Approval of:
l.Review of Invoices and Checks – September 2008.
Lee Ballard’s understanding was that the Town was not to make donations. She referred to a paid invoice showing a donation to the Washington County Arts Council. Mayor Grow clarified that that expenditure was not a donation but instead the Town’s membership dues. Lee Ballard asked that the register be changed to reflect that.
Bruce Densley asked about the bill paid for “Water Department phone service” in the amount of $123.00. Mayor Grow reported that the phone bill is divided between different departments and is taken out of different accounts.
Bruce Densley moved to approve the invoices and checks for September 2008. Lee Ballard seconded the motion. Vote on motion: Luke Stevens-Abstained, Bill Adams-Aye, Bruce Densley-Aye, Lee Ballard-Aye, Mayor Grow-Aye. The motion passed unanimously with one abstention.
Mayor Grow asked Mr. Golata to add to future Town Council agendas an Executive Session category in the event one is needed. Mr. Golata agreed to make the addition.
ADJOURN
m.Public Meeting.
Bruce Densley moved to adjourn. Luke Stevens seconded the motion. Vote on motion: Luke Stevens-Aye, Bill Adams-Aye, Bruce Densley-Aye, Lee Ballard-Aye, Mayor Grow-Aye. The motion passed unanimously.
The Town Council Meeting adjourned at 9:20 p.m.
______
Ray Golata
Town Clerk
Approved: ______