Rockville Town Council Public Hearing and Regular Meeting
October 14, 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 and Pam Leach. Megan Honer-Orton arrived at 6:10 p.m. David Hatfield was excused. See attached list for others present. Town Clerk, Elaine Harris, recorded the meeting.
2. PLEDGE OF ALLEGIANCE – Mayor McGuire 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 A PROPOSED FLOOD DAMAGE PREVENTION ORDINANCE FOR THE TOWN OF ROCKVILLE – Pam Leach MOVED to go into public hearing. Jeff Ballard SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
Since the Town is considering adopting a Flood Damage Prevention Ordinance, Mayor McGuire asked if the Town would assume any liability or responsibility for people who suffer damage. Reference was made to General Provisions found on page 3, addressing liability issues. Mayor McGuire asked about administration and commented that the Town does not have anyone with the necessary qualifications. Anyone assuming that duty would have a great deal to learn.
Max Gregoric asked why the Council feels a sense of urgency to adopt the proposed ordinance. It was stated that the urgency was a result of the Flood Insurance Rate Maps (FIRM) that have been put in place. It was noted that previously the Town had no accurate maps. Mayor McGuire stated that every map the Town has received from FEMA has been stored in the Town Office for use by the Planning Commission. Recently FEMA made the newest map available to mortgage holders, banks, and the public. As a result, a number of people in the community are now being forced to buy flood insurance because their property is in the floodplain. Rockville is not a member of the National Flood Insurance Program (NFIP), and flood insurance costs are high. Tonight’s public hearing was scheduled to discuss the issue. A number of citizens have expressed their concern and think the Town should join the NFIP to enable them to get better pricing on insurance. Mortgage holders and financial institutions are now basing their flood insurance requirements on the FIRM maps.
A property owners’ option if they feel they have been inappropriately placed in a flood zone is to apply for a Letter of Map Adjustment, which is about a three month process. Elevation certificates must be provided in addition to other documentation. It was noted that the maps became effective April 2, 2009. Pam Leach stated that if they had never been given a Letter of Map Adjustment they would have had to pay nearly $2,600 per year for flood insurance. With FEMA it is closer to $350 per year if the Town joins the NFIP. She stated that some people will not be able to get map adjustments and will be forced to purchase flood insurance. Lenders have to accept the coverage that NFIP provides, which is a maximum of $250,000 on a residence.
Pam Leach stated that in going through the process she was informed that FEMA did aerial topography and created a contour map. In Rockville FEMA did not create a base flood elevation along the river. If the Town now joins the NFIP, John Crofts has indicated that they will assist the Town in obtaining more accurate measurements. Mayor McGuire indicated that the maps used in the past were the best available and there were questions from time to time as to whether or not certain properties were within the flood plain. In many cases there was not enough accuracy to clearly define it.
In response to a question raised, Mayor McGuire stated that if the Town is not part of NFIP and there is a federally declared disaster, the Town may not be eligible for federal aid. Members are eligible, which could be of help to homeowners who have lost property. Following the 2005 flood, a number of citizens applied for and received assistance through the Department of Agriculture who provided reimbursements for structures that were washed away, but this was a totally different situation.
There were no further public comments.
5. ADJOURN PUBLIC HEARING – Jeff Ballard MOVED to adjourn the public hearing. Pam Leach SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
6. PUBLIC COMMENT –Sharon Hatfield informed the Council of a sad incident that took place recently where she discovered a dead buck in her yard that had been shot. She commented that it was a very awful thing to see. The situation was particularly difficult because this particular buck was familiar to her and her husband and the buck and his does had grazed in the Hatfield’s back pasture. Mrs. Hatfield called the police who considered the incident a crime because it was apparent poaching. Mrs. Hatfield hoped the Town could do something to prevent similar incidents from occurring in the future.
7. DISCUSSION AND ACTION ON A FLOOD DAMAGE PREVENTION ORDINANCE FOR THE TOWN OF ROCKVILLE – Megan Honer-Orton stated that the FEMA flood issue was addressed about five years ago. The Town decided not to join at that time because of the impact they thought it would have on homes along the river and that property owners would be forced by their lenders to get flood insurance. There was very little feedback one way or the other from citizens. Mortgage lenders are now beginning to require property owners to purchase flood insurance and there is now no advantage to the Town not joining.
Mayor McGuire described the original concept. Council Member Honer-Orton stated that efforts are now being made to establish regulations to help with future development. If someone wants to build where it is not safe, they are encouraged to hire an engineer who can make a recommendation as to how to safeguard their structure against flood damage.
Barry Sochat asked if the proposed flood prevention ordinance will make it easier or more difficult to build. Council Member Honer-Orton stated that construction in the flood plain will be more restrictive but it will make flood insurance much less expensive to purchase for those who are required to have it. Mayor McGuire explained that construction can take place in a flood plain if a permit is obtained.
Megan Honer-Orton MOVED to approve Ordinance Number 09-1014-1, A Flood Damage Prevention Ordinance for the Town of Rockville. Pam Leach SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
8. ACTION ON A RESOLUTION FOR PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM BY THE TOWN OF ROCKVILLE – Mayor McGuire read Resolution Number 09-1014-1 in its entirety.
Pam Leach MOVED to approve Resolution Number 09-1014-1, A Resolution for Participation in the National Flood Insurance Program for the Town of Rockville. Jeff Ballard SECONDED the motion.
Mayor McGuire clarified that participation is strictly voluntary on the part of the Town. The required public hearing was held where several citizens encouraged the Town to join because of problems they experienced trying to obtain affordable mortgage insurance.
A roll call vote indicated all those present VOTED in favor of the motion.
9. REPORT AND ACTION, IF NECESSARY, ON RECOMMENDATIONS OF THE PLANNING COMMISSION – PLANNING COMMISSION CHAIR SHARON HATFIELD – Planning Commission Chair, Sharon Hatfield, reported that the Planning Commission took action on only one item and approved a permit for the Butch Cassidy Race to be held on Saturday, November 7, 2009. The Commission’s only concern was that the Town and particularly citizens on the other side of the bridge be notified that there will be a road closure.
Mrs. Hatfield stated that she had not yet received answers to questions raised with Meg Ryan. She was quite certain, however, that the Planning Commission requirements are not the same as the Town Council. Mayor McGuire explained that he raised questions previously about the Planning Commission’s definition of a quorum. His position was that in order for something to be approved, at least three members need to vote in favor of it. If three members are present, all must vote in the affirmative. He did not think it was ever intended or right for two members out of five to make a decision. Mrs. Hatfield stated that she referred to Virgin and Springdale’s codes, which are the same as Rockville’s.
Mrs. Hatfield stated that there have been times when the Planning Commission has made a decision not to handle a certain issue because they feel it is important for a full Commission to be present. She was of the opinion that the appropriateness of two members voting on an issue depends on the situation. Mayor McGuire did not think it was right for two members to vote on an issue that may affect individual citizens. Megan suggested waiting until a response is received from Ms. Ryan after which a decision can be made by the Council.
10. ACTION ON SEPTEMBER 09, 2009, RECOMMENDATION OF THE PLANNING COMMISSION FOR AMENDMENTS TO THE BUILDING PERMIT REQUIREMENTS PORTION OF A BUILDING PERMIT APPLICATION – Megan Honer-Orton MOVED to approve the action of September 09, 2009, pertaining to a recommendation of the Planning Commission for amendments to the building permit requirements portion of a building permit application. Pam Leach SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
11. ACTION ON A RESOLUTION FOR THE APPOINTMENT OF COUNTING JUDGES AND SETTING WAGES FOR THE TOWN OF ROCKVILLE 2009 MUNICIPAL ELECTION – Mayor McGuire read Resolution Number 09-1014-2 in its entirety.
Pam Leach MOVED to approve Resolution Number 09-1014-2, A Resolution for the Appointment of Counting Judges and Setting Wages for the Town of Rockville 2009 Municipal Election. Megan Honer-Orton SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
12. DISCUSSION AND POSSIBLE ACTION ON FUNDING THE TRANSPORTATION STUDY THAT HAD PREVIOUSLY BEEN DENIED BY THE COUNCIL – ALLEN BROWN (ZC3) – Mr. Brown reviewed the estimated cost of the study and stated that it will explore the possibility of locating a transit stop in Rockville. Mayor McGuire stated that a few months earlier the issue was discussed. At that time there was question as to whether the Town would benefit from the study or from a transportation system. At that time the Council determined that the Town would not benefit and saw no need to participate in the study. Mr. Brown is now presenting additional information about the revised plan that could reduce the cost of the study. The Mayor pointed out that Rockville is the only community that has not agreed to participate in the study. Based on the additional information received, the Mayor was willing to reconsider the Council’s previous decision.
Megan Honer-Orton MOVED that the Council reconsider the previous decision and fund this portion of the transportation study at an estimated cost of $100 or less. Jeff Ballard SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
13. DISCUSSION AND POSSIBLE ACTION ON DEVELOPING A FRANCHISE AGREEMENT WITH THE ROCKVILLE WATER PROVIDERS – Mayor McGuire reported that at a recent water meeting the water attorney present suggested the Town have some kind of agreement in place with the water providers pertaining to Rockville’s future needs. The Mayor agreed and suggested the Town consult with a water attorney about how to proceed. Megan was not opposed to finding out what would be contained in such an agreement. Water availability issues were discussed as well as the expected future demand.
Mayor McGuire stated that the matter was put on the agenda to allow for discussion and not to cause great concern. His intent was to indicate that water is available because of the diversion agreement. Megan was interested in getting more information and reviewing an agreement at which time the Council can decide if it is a good idea or not. The Mayor was of the opinion that the Town should have a voice with both the pipeline company and the ditch company. In the past the Town has not had a say in what has taken place with water. Similarly, Town residents should have a say in water issues in the community. Mayor McGuire stated that presently the Town does not have a specific position on water. He thought it was something the Council ought to consider.
Max Gregoric, President of the Rockville Pipeline Company, stated that presently there are people who own private property who are unable to sell it because they don’t have water rights. The shareholders do not want to pay to provide new water shares for property owners who don’t currently have any shares. Various options were discussed. As the president of the pipeline company he was opposed to any plan unless 100% of the system improvements are paid for by new development. He was aware of no way to do that without incurring additional cost to the shareholders.
Megan Honer-Orton MOVED to informally investigate what an agreement might contain and what the cost would be to draft. After some discussion, Council Member Honer-Orton withdrew her motion.
Megan Honer-Orton MOVED to take no action on agenda item number 13. Pam Leach SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
14. APPROVAL OF EXPENDITURES FOR THE MONTH OF SEPTEMBER 2009 – Megan Honer-Orton MOVED to approve the expenditures for the month of September 2009. Pam Leach SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
15. APPROVE MINUTES OF THE SEPTEMBER 09, 2009 PUBLIC HEARING AND REGULAR MEETING – The minutes were reviewed and modified.
Pam Leach MOVED to approve the minutes of the September 09, 2009, Public Hearing and Regular Meeting, with the changes as noted. Jeff Ballard SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
16. MAYOR AND COUNCIL MEMBER REPORTS AND COMMENTS – Mayor McGuire indicated that on November 7 he has an assignment to hand out trophies; however, he will be out of town. He asked that another Council Member take on that responsibility. Megan and Pam needed to check their calendars before committing. The Mayor asked that they contact John Farrand by the following day either way. Another option was to have the Mayor-elect perform this duty since it will be after the election.
The Mayor reminded Pam that the two of them had committed to clean the community center on Friday, October 16 at 9:00 a.m.
Mayor McGuire brought up an issue raised previously pertaining to developing and operating a plan for a community care center in the event of a pandemic. Megan stated that she was involved in the planning and was currently in the process of collecting supplies. Pews and cushions for the pews had been obtained thus far. Those with useful items were encouraged to donate them. The Mayor provided Megan with additional information for developing a written plan.
The Mayor reported on the Trees dam inspection scheduled for the following Thursday at 9:00 a.m. Both mayoral candidates were invited to attend.
Mayor McGuire commented on emergency lighting issues in our facilities and stated that the problem had to do with the power source. Various options and costs were discussed. More evaluation is needed.
The Mayor gave a flu update. He received a report earlier in the day that flu activity continues to be widespread in the United States but less intense in Utah. Over the past week school absences had increased in the district and five people had been hospitalized with the flu since September 1. The State of Utah released the latest statistics earlier in the day on their website. The status of the H1N1 vaccine was given with the second order being received by Southwest Public Health. 1,000 injections were made available with some being distributed for high risk children aged six months to four years. The Mayor read the order of priority for receiving the vaccine.
Mayor McGuire reported that he received a briefing from SUU on community service earlier in the day and was given the name of Pam Branin as his contact. She was identified as the Coordinator of the Service and Learning Center. The Mayor explained that the center engages students in service projects throughout the year. The Mayor spoke to Ms. Branin and told her that the Town often has projects such as Grafton and the cemetery. Ms. Branin stated that she would be happy to provide assistance. Jeff Ballard was provided with Ms. Branin’s card.
Mayor McGuire reported on an artists’ seminar to be held on November 14 in Kanab with speakers, lecturers, and panel guests. The focus of the seminar was the business of art.
The Mayor recalled previously beginning to delegate responsibilities. He discussed with Clerk Harris the possibility of developing a Capital Improvement Plan to build a Town Office and applying for a CIB grant. He noted that to qualify, an addition would have to be constructed onto the existing building or beside it. The possibility of adding onto the post office building was discussed. The Mayor stated that if a decision is not made by the following day’s deadline, the Town will have to wait another year to make application. He stated that waiting might give the Council time to develop a plan. Clerk Harris commented that once the Town is on the one-year plan they have the entire year to apply. Mayor McGuire’s preference was to wait until next year and submit a detailed idea at that time.
Megan Honer-Orton reported on the Energy Efficiency Committee who met the previous Friday. The group planned to meet every Friday until the grant application is due. The first step was to conduct an energy audit of the Town buildings to have a better idea of where the greatest impact can be made with regard to energy efficiency and/or renewable energy. A building auditor was to audit the buildings for energy use. In addition, usage records were obtained from Rocky Mountain Power. It was discovered that there are five meters on the Town property. Megan stated that the grant application requires a great deal of hard data rather than a narrative. As a result, the services of an energy auditor will be required to complete it. She explained that some of the grant money can be used for administration of the grant.
Council Member Honer-Orton reported that the first CERT meeting of the fall will be held in November. The group is in the process of gathering supplies in the event sick people need to be housed in the community center or to facilitate outreach in the community.
The Mayor pointed out that the Tree Board obtained another grant. The Board was commended for their efforts.
Pam Leach reported on Rockville Days, which did extremely well considering the low attendance. She stated that the auction was a huge success with a total income reported of $2,395.35. The expenses were reduced greatly and went from nearly $1,300 last year to $606 this year. The net proceeds were $1,787.65.
It was reported that Jim Jones made a $150 donation to the Energy Efficiency Committee.
Megan asked if the Town had a policy for thanking people who donate to Rockville Days. Pam agreed to provide her with a copy of the letter distributed in the past.
Megan commented that the Rockville sign is usually lit at night but sometimes there is not enough energy generated during the day to power it.
Jeff Ballard reported that he put a few thousand dollars’ worth of gravel on Grafton Road a few weeks ago and Roger Fuller donated $200 toward the effort. Jeff stated that he completed his safety assignment other than installing the fire extinguisher. He commented that he had the extinguisher in his possession but had not had it mounted.
17. TOWN BUSINESS – Clerk Harris reported that November 3 is Election Day and the uncanvassed results will be available after 8:00 pm that evening.
Residents should be made aware that we have passed the NFIP Ordinance and that it is available to anyone who may desire a copy. There was discussion about the Council appointing an administrator. Megan stated that the position needs to be advertised because an individual with specific and unique qualifications is needed. It was noted that Mayor McGuire will be appointed as the Floodplain Manager.
18. ADJOURN – Jeff Ballard MOVED to adjourn. Pam Leach SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
The Meeting adjourned at 8:00 p.m.
Minutes prepared by:
Teri Forbes, Owner
T Forbes Group
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 ______________.