LaVerkin City Council Meeting Minutes

Wednesday, July 18, 2012, 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah

Present: Mayor Karl Wilson; Council-Members:  Randy Reeve, Richard Hirschi, Brandon Stephenson, and Ray Justice:  Staff: Derek Imlay, Troylinn Benson, Kevin Bennett, and Christy Ballard; Public:  John and Rose Valenti, Karl Briner, Steven Bryner, Commissioner Denny Drake, John Flohr and other CCII members, and Scout Troop 398

Councilman Jensen and Kyle Gubler are excused from this meeting.

A. Meeting Called to Order - Invocation and Pledge of Allegiance by Ray Justice at 6:00pm.

B. Presentations:

John Flohr with the Citizens Council on Illegal Immigration gave a slide show presentation on the benefits of using the National E-Verify Program to verify employment eligibility.  Commenting that if the United States eliminates the job magnet people would not break the law by crossing over the southern border.   Washington County has once again taken the lead of all the counties in Utah by implementing the County Lawful Employment Ordinance (2011-1014).  The CCII would like to encourage individual cities within the county to implement similar ordinances to strengthen this battle against unlawful business hiring practices.

Mr. Flohr introduced Commissioner Denny Drake who is the Chairman of the Washington County Task Force on Illegal Immigration and then turned the time over to him.

Commissioner Drake handed out a copy of the ordinance that the County passed dealing with licensing for businesses based on e-verification.  The e-verification law was an Arizona law that was tested in the Supreme Court and was upheld.  The County has mirrored that.

Washington is not addressing the problem so therefore the burden falls back on local government to do what they can as far as the law will allow.  That is what the Task Force has tried to do, create something the can be enforced and is a good feature for the law.  They also feel that it will be very good for Washington County as long as all of the communities join together in creating this immigration issue, e-verify.  E-verify will only apply to any new employee.

If anyone is interested in being a participating party in the task force just give them a call and they will add you to the list.

Commissioner Drake turned the time back over to Jim Flohr to continue on with the slide show presentation.

Mr. Flohr stated that when the Arizona law was upheld by the Supreme Court the Washington County Task Force set up a recall Municipal Ordinance Evaluation Committee.  Mr. Flohr and the other men present are members of that Committee.  The main purpose of the Committee is to visit City Council meetings and encourage preparation and implementation of ordinances to require applicants of a city's business license to certify legal employment eligibility in accordance with Federal and State Laws.

The secondary purpose is to acquaint the City Council about the rewards of the Washington County Business Patriot Program.

Mr. Flohr read part of the ordinance that was approved by Washington County.

A booklet was passed out to the City Councilmembers with back up documentation and also a copy of the ordinances.  It also has a copy of the WCBPP.  This is an outstanding program that encourages businesses to do the right thing.

Commissioner Drake explained that the County issues approximately 160 business licenses throughout the county and have had no issues or problems, mentioning that they do not allow frivolous complaints.

There is no cost to the employer for e-verify.

Mayor Wilson stated that with Council approval, he would like staff to go over everything and come back to council with recommendations and direction to proceed.

The WCBPP was explained as a program that gives recognition to those businesses that have joined e-verify.

The concern over crime was brought up as well as the possible burden to the medical and mental health care system here in the United Stated due to illegal immigration.

Councilman Stephenson asked if any cities in Washington County have adopted this ordinance yet.

Commissioner Drake explained that Santa Clara and St. George are having staff go over the ordinance.

C. Consent Agenda: (Items on the consent agenda may not require discussion.  These items will be a single motion unless removed at the request of the Mayor or City Council.)

1.      Declarations of conflict of interest

2.      Amended Agenda

3.      Minutes June 20, 2012 regular meeting minutes

4.      Review Invoices and Checks:  $ 204,051.26

Councilman Stephenson declared a conflict of interest.

Motion was made by Councilman Ray Justice to approve the consent agenda as it is written including the checks and invoices in the balance of $204,051.26, second by Councilman Richard Hirschi.  Roll Call Vote:  Reeve-yes, Hirschi-yes, Stephenson-yes, Justice-yes.   Motion carried unanimously.

D. Committee Reports:

1.      Planning Commission -Councilman Hirschi reported that the Planning Commission continued with the discussion of the vision and use of downtown.  The City Council is invited to a joint work meeting on July 25 to go over their ideas for the downtown area.

2.      Water Board has not met.

Mayor Wilson welcomed Scout Troop 398.

3.      Sewer Board- Councilman Justice reported that there was a presentation on grease traps and a presentation on different types of water treatment facilities.  No action was taken.

There was also a discussion on potential land acquisition.

Mayor Wilson explained that the land is in the Warner Valley area.  The District is talking about doing an RP&P with BLM for more lagoons.

4.      Fire District-Chief Kuhlmann is not here to report.

E. Citizen Comment & Request for Future Agenda Items:

Joseph Campbell would like the street light located at 85 E 120 N turned on.  RMP told him that the City has not paid to have it turned on yet.  It is a very dark section of the street and there have been three vehicles broken into.

Derek explained that the street lights have not been activated yet because it is part of the Paradise Park Subdivision.  It has been the City's policy to wait until houses are in the development and then use the impact fees to help pay for the upgrades that RMP requires.  It would cost the City $2,280 to activate the 2 lights located in that subdivision, which would be an increase of $28.16 per month.

There have been other situations similar to this and it was suggested to those citizens to look at purchasing some motion sensor lights to go on the outside of their home.

The City just hasn't had the budget.  RMP put new requirements in after the subdivision was approved and that is where the charges come from.

Mayor Wilson asked Councilman Stephenson to get with Derek and look at this issue. Mayor will look at the budget and then they will let Mr. Campbell know what is decided.

F. Business:

There is no business.

G. Staff. Mayor & Council Reports:

Public Safety-Chief Lloyd Watkins

Chief passed out the stat report for June.  It is also on the website.

There were 14 different firework complaints.  Most of them, the people didn't realize that fireworks were restricted.

Officer Romney was assigned firework shift, from 9:30pm-midnight.

July 24^th will be the same.

Councilman Hirschi suggested putting signs up for July 24^th so that the people know the restrictions.

Chief will follow up with Kyle on that.

Director of Operations-Derek Imlay

Derek stated that the rain caused some issues for the crew this past week and they will be flexing time this week to make up for it.  He explained those issues and mentioned that the irrigation was only affected twice, Saturday and Monday.

Derek passed around a picture of the drain located in the Overlook subdivision.  It was cleaned out Friday and the picture is of the storm on Saturday.

The crew did hand out some sandbags to people on Saturday and had a few people call on Monday requesting sandbags.

Treasurer-Troylinn Benson

1.      Troylinn passed out the standard financials for the year pointing out that each department did well.

2.      Shut offs were Tuesday.  141 notices went out, 96 door hangers, 11 were shut off and 2 are still off.  One of those is occupied and we are not sure of the other one.

3.      Mandi is back.

Mayor Wilson stated that there are still some adjustments and audit adjustments to make, but this yearend financial is pretty much how the end of the past fiscal year will look.

Mayor Wilson:

1.      HCAC meeting was Tuesday.  Reed Harris from the DNR retired and the State hired Henry Maddux who was working for the State when the HCP was in its beginning stages.

2.      Confluence Park planned the grand opening for September 24, 2012 tentatively.  The parking lot, restroom, and fence should all be finished by then.

Confluence Park has applied for a third restoration grant and was asked to submit a final application so it is looking good.  It will allow the Committee to continue with the eradication of the invasive species.

The Arundo plants are coming back.  The Water District is applying for a grant to help take care of

that.  Meanwhile Bob Sandberg is putting a crew together to try and get started on taking care of it.

Mayor Wilson feels that Confluence Park will be an asset to the community as far as tourism and businesses go as well as for the citizens.

3.      Water.  Doug has been overhauling the PRV and altitude valves.  They will be torn apart and inspected every six months from now on with gaskets being replaced once a year.

As far as the water situation goes, we are doing fine.  Culinary, La Verkin has almost three times the storage we need for the population.  The water rights should get another 15-20% growth before La Verkin will need to purchase anymore blocks from the District.  Irrigation, as Derek mentioned they had to take the water out of the system this past weekend.  That was the first time this year.

4.      Sewer Board has been reported on.

5.      Mayors Association meeting was cancelled.

6.      Fire District is running well.  The Interlocal agreement with Hurricane is working well.

Justice:

ZC3 meeting was today.  Representative Brad Last did attend and gave a report on what has been happening in the Utah State Legislature.  One of the items Rep. Last discussed was House Bill 148, which is a Bill to help Utah recover some of the Federal Lands within the State.  Utah is the 9^th highest taxed state because it is the 2^nd highest federally owned land State in the Union.

It was also reported that Utah is still struggling as far as the education system goes.  And that Utah has the 2^nd strongest economy in the Union.

House Bill 148 will not affect the National Parks.  How the Federal Government came to own so much land was discussed and the fact that there is no grazing privileges on those lands anymore which could contribute to all of the fires.

There is a change in transportation.  The Scenic Byway from SR9 to the other edge of Zion National Park will now fall under Map 21 and is grouped with other programs such as safe routes to schools and other transportation scenarios so it will be up to the State to distribute the money as they see fit.

Rural Summit is August 8^th in Cedar City with a field trip through here, stopping at the crescent and going on up to Zion, stopping at the other towns to see how the Zion Canyon Corridor Council is working.

BLM closed dispersed camping at Mosquito Cove last year and the National Park is going to close dispersed camping at the Coal Pits wash area.

Councilman Justice would also like to recognize the volunteers and staff that helped with the July 4^th celebration.

Hirschi:

Reported on his meetings already.

Reeve:

His items have already been reported on.

Stephenson:

The public works department has purchased a new leak detector.

Adjourn

Motion was made by Councilman Ray Justice to adjourn, second by Councilman Brandon Stephenson.  Motion carried unanimously at 7:08pm.

Minutes were taken on behalf of the City Recorder by Christy Ballard.