by kathy Bence

“Cactus Flower is Bee Breakfast” by Lori Cole

Budget passed

After a public hearing in which no one commented, a resolution amending the Fiscal Year 2023-24 budget was unanimously passed. Also, a resolution to adopt the proposed Fiscal Year 2024-25 budget unanimously passed.

Save the Bypass

My preference would be to scrape it and go back to pre-bypass days, but we can’t. From my understanding of the city council discussion on the plan to solve the eroding hill problem, the south slope will be cut back to the existing mailboxes on top. There will be a hill for the rocks to collect-rather than strike someone’s RV. The large boulder that fell will need to be blasted.

Councilman Wayne Olsen was concerned that based on the conditional contract, if anything goes wrong in resolving this problem, the city may be responsible. In other words, if they drill, blast, and it doesn’t work, they’ll need more money.

*Photo courtesy of unnamed photographer with unnamed subject in front of the boulder near the bypass exit. (Perhaps they don’t know that they were breaking rules and taking risks).*

In the end, a motion was passed to approve a change order in the amount of $1,835,033.08 from JP Excavating, Inc. for Hogsback south slope remediation on the Toquerville Parkway Project. They clarified that this amount will not be paid by us. It will be paid by the state which is comprised of Toquerville citizens sharing the cost with fellow Utah residents.

More information, video, and pictures of the landslide can be viewed here.

Planning Commission Changes

Stacy Eaton previously resigned as the Planning Commission Chair. Valerie Presler has moved into the chair position with Dean Haymore as the Pro Tempore Chair. (2nd in command). Angela Harrison will move up from an alternate to become a replacement for a 4-year term position. Tylee Perkins resigned as an alternate and Monte Christiansen is taking that position.

The Planning Commission is going back to monthly meetings rather than meeting three times a month. If they need additional meetings, they’ll arrange them.

Public comments Related to Planning Commission and city code

Both Stacy Eaton and Anita Lowe spoke during the public comments.

Stacy said there are serious issues in the city that need to be changed. He expressed dissatisfaction with the city and feels the city needs an audit and to clean house. His comments can be heard starting here.

Anita Lowe said the last planning commission had a review of the policy and procedures in 10:3.1. of the Toquerville city code. Item H says the Planning Commission is to write the policy regarding their operations. She said a draft policy violated that code section and was written by the city treasurer. She pointed out another problem wherein the city council had three members present (a quorum) and were told by the city manager that they needed a unanimous vote on the grading ordinance. Anita said that only two council members would have been a majority according to city code. Her comments can be heard starting here.

Rebuttal to Public comments related to Planning commission and code

At the end of the meeting after all the agenda items were covered, Afton Moore, City Manager, responded to the comments made in the public forum. She said she was sorry that Stacy and Anita had left so she couldn’t address them directly. You can listen to the four points that I heard Afton make starting here, although the microphone cuts in and out.

The policy and procedures that Anita referred to were just a draft, with nothing binding. It was provided to help the Planning Commission write their own policies and procedures. When the planning commission were to become paid positions, they needed policies to go by. At that point the city treasurer, serving in a human resources position, forwarded to the planning commission what was drafted with the help of the attorney.
Afton said the Planning Commission does not answer to the city manager.
Regarding the majority vote (quorum) issue, Afton said there was some debate about what level of city they were. At that time, based on the classification of the city and the city code in place, she was advised by the attorney that they needed three votes for a majority. She said perhaps something has changed in the code since then.
Afton stressed that she is always willing to meet with residents. She consults with the attorney weekly about whatever she is working on.

In-house legal counsel

There was discussion on the circulation of an RFP (Request for Proposal) for In-House Legal. In other words, the city is going to hire a full-time attorney.

The advantage seemed to be that issues would be resolved much faster and it won’t necessarily cost more than paying for part-time counsel. Councilman Gary Chaves questioned whether they would occasionally need to hire a specialist in a different area. Councilman Wayne Olsen questioned whether this was needed.

In the end, the RFP was approved with all but Wayne Olsen approving.

Firelight moves ahead…slowly

There was a lengthy discussion (starting here) on an MOU (Memorandum of Understanding) from Firelight Development requesting vertical construction prior to the Toquerville Parkway completion. The council approved the building of one dwelling despite the bypass not being completed.

erosion control maintenance

The council approved a permanent erosion control maintenance policy to establish standards and requirements for grading permits under Toquerville City Code 10-18B.

Volunteers Needed for July 4th Celebration

Volunteers are needed for the Toquerville 4th of July celebration.

Council & landslide