Council & grading

By Brian McNary

“Solar Eclipse” by Lori Cole

Sorry for the slight delay. Family in town. The April 3 agenda was pretty light with the exception of another round of the grading ordinance. All of the players were present. Lawyers, developers, engineers- nodding their heads in approval when the talk went the way they wanted. Speaking out or nodding in disapproval when it didn’t.

Nobody spoke in the public forum part of the meeting although there were several people present. So let’s just dive into the business items for the evening.

Item 1- Public Safety Director

I was fascinated to see this item titled as Public Safety Director, which as it turns out, is the new code enforcement officer. Our new code enforcement officer aka Public Safety Director is Jason Leavitt. Jason is from this area originally, worked 20+ years with the Las Vegas Metro Police Department, and is newly retired from that law enforcement agency. There was a swearing-in and a brief Q and A period.

Items 2-5 Approving costs and change orders

There was over a million dollars in agreements authorized. Stanley Consultants Construction Engineering received 252,000 for the Toquerville Parkway project.

Landmark Engineering finally received their long overdue bill for 114,000 dollars for materials testing. (whatever that is)

A change order for 416,000 from JP Excavating for slope grading on Westfield Road and the Toquerville Parkway was approved.

Another change order for 265,000 additional dollars to address “utility conflicts” on the Toquerville Parkway for JP Excavating.

All of those items were approved by voice vote, 4-1. Landmark Engineering’s check passed on a vote of 5-0.

Item 6- Boulder Ridge

This was a resolution for a PID creation for the Boulder Ridge subdivision and to reset the 10-day filing date which had expired.

Item 7- The grading ordinance

Another lively discussion lasting some 1.5 hours landed last on the business items. It begins around marker 50.00. Former City Attorney Heath Snow was present and representing the Firelight developer. It was odd seeing Snow sitting with us.

At one point in the meeting with council members Campbell and Olson voicing concerns over the ordinance and the developer potentially grading whatever portion of the hillside he deems fit, Attorney Snow stood up and made a veiled remark about potential litigation which he quickly retracted. It can be found on the YouTube video of the meeting around marker 1.22.00.

Councilman Campbell does not want to see land, graded with all the vegetation removed and standing vacant, in the southern portion of Toquerville near the parkway. He wants assurances that the developer will grade and develop pads as needed- not grade in excess all at once or abandon the project if the economy sours. I understand this.

Attorney Snow represented Toquerville City as legal counsel for 16 years and gave direction and advice for countless ordinances and zoning issues. Snow developed relationships with the council and city staff in the process. So as the Firelight development is coming to fruition, the city attorney quits. Tonight, that attorney airs concerns on behalf of the Firelight developer v. Toquerville City as they discuss ordinance changes that could potentially slow or otherwise adversely effect the project. Snow’s position and knowledge of the city staff and ordinances surely aids the developer’s objectives.

Honestly, Attorney Snow should have probably been given an ultimatum long ago. Firelight or Toquerville City, but not both. The city was aware of this conflict. The goals of the developer and the needs of the city will be at odds from time to time. This is easily foreseeable with such an enormous project from a risk management perspective. All of this was evident to me as the grading ordinance came into focus. There is a reason we ask attorneys for potential conflicts of interest- but that process is useless if city fathers choose to ignore declared conflicts or attempt some half measure solution. Work for us or work for them, but not both. Fish or cut bait.

The ordinance was sent back for additional changes.

Calendar of Events

Community readiness meeting- April 11, 7 PM, Town Hall.

Spring Social- April 24, 6 PM, Center Street Park

4th of July celebration- July 4, 7:30 AM, Center Street Park

Meeting adjourned. Closed session.