Rockville Town Council September 11, 2013 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, Pam Leach, Bernie Harris and Megan Honer-Orton. 2. PLEDGE OF ALLEGIANCE – Mayor McGuire led the Pledge of Allegiance. 3. DECLARATION OF CONFLICT OF INTEREST WITH AN AGENDA ITEM – No conflicts were declared. 4. PUBLIC COMMENT – Public comments were made regarding the proposed additional bridge. See agenda Item #7 for further details. 5. REPORT AND ACTION, IF NECESSARY, ON RECOMMENDATIONS OF THE PLANNING COMMISSION – Chairman Rob Snyder gave a report on the Planning Commission action items and read the motion for the Tydon Oler Building Permit Application in its entirety, a copy of which is included as a part of the record. 6. REPORT AND POSSIBLE ACTION REGARDING BUSINESS LICENSES FOR TOURING COMPANIES LICENSED IN THE TOWN OF SPRINGDALE AND OPERATING IN THE TOWN OF ROCKVILLE – Mayor McGuire asked if any additional information was received on the matter. Clerk Harris noted that she had not received new information but noted that the applicant suggested that this be completed with amendments to the Land Use Code. Further research was being conducted. Jeff Ballard suggested that the Town Council also contact the Town Attorney in order to review business practice rights. Mayor McGuire implied that the Town of Springdale believes that the existing ordinance can be amended, allowing the Town of Rockville to mandate the possession of a business license. Megan Honer-Orton added that she would also like the Town Attorney's opinion prior to making a decision. Megan Honer-Orton MOVED to table the action regarding business licenses for touring companies licensed in the Town of Springdale and operating the in the Town of Rockville until further research can be collected. Jeff Ballard SECONDED the motion. VOTE on the motion: Jeff Ballard – Aye Pam Leach – Aye Megan Honer-Orton – Aye Dan McGuire – Aye Bernie Harris – Aye The motion passed unanimously. Rockville Town Council Meeting September 11, 2013 Page 2 7. DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPOSED ADDITIONAL BRIDGE – Mayor McGuire explained that he added this discussion item to the agenda in order to obtain a vote of confidence, so as to be reaffirmed in the decision to move forward. Bernie Harris MOVED to pursue all necessary steps for the proposed additional bridge in the Town of Rockville. Jeff Ballard SECONDED the motion. Clerk Harris noted that the current plan is not final, therefore, the location can still be changed and modifications made. The purpose of the bridge is to provide safe access across the river for the residents and public. Bernie Harris AMENDED his motion, clarifying that the current plan is a proposal, and that other routes are still being pursued. He noted that safety is the first priority. Jeff Ballard and Mayor McGuire explained that a location needed to be identified with UDOT in order to submit an application. Jeff Ballard SECONDED the amended motion. The public made the following comments: Joe Motter stated that he understands the need and purpose for building the bridge. He asked if a decision could be postponed for one month until a meeting on the bridge has occurred. Mayor McGuire was adamant about moving forward, as the funding from the federal government has already been granted. Bob Ford expressed his concern that most of the Town residents feel they have not been privy to discussions regarding the bridge, and, therefore, haven't been able to voice their concerns. He stated that this specifically affects residents who live on the opposite side of the river. There are various implications that still exist with regard to the nature of the Town, such as the road crossing and traffic. He explained his belief that collaboration and open discussion with the Town regarding safety issues and alternative solutions would have been beneficial prior to requesting funding approval. Other issues exist for property owners along that road, as well as the water course in sensitive lands. Mr. Ford admonished the Town Council to take more time to involve the public in the decision. A Member of the Council pointed out that they were required to identify a location in order to obtain the funding, but it will only be a proposed or temporary location, and will be open for discussion. There will be public hearings next month in order to involve residents. Megan Honer-Orton clarified that they are not jumping on one solution and clarified that it is a three-year process and the Town cannot afford to wait another year. Procedural concerns were addressed as well as concerns that adequate public input will not be allowed. The Mayor stated that it is common knowledge that the bridge has problems and previously the money available was an 80/20 match. The Town thus far has not been able to come up with the match. This is the only time the federal government has lowered their rate to a 6.7% match, which puts it within the Town’s range. As a result, there was no time to gather everyone together and solicit strategic input. Bernie Harris described changes he has witnessed during his time living in Rockville. As a longterm resident, he was defensive about the accusation that public opinion is not being considered regarding decisions about the bridge. Rockville Town Council Meeting September 11, 2013 Page 3 Pam Leach noted that the situation was instigated when UDOT reduced the bridge capacity from 25 tons to 14 tons, thereby necessitating a change. This affected the residents on the other side of the bridge, as the garbage collection company was no longer able to cross over at that weight load. Work was done with UDOT in order for exceptions to be made due to axle configuration and weight limits. It was noted that a special meeting, which was open to the public, was held in August 2012 to discuss what would happen. Pam admonished the public to write down their questions, concerns, and suggestions, and submit them to Clerk Harris and the Council. Mayor McGuire reiterated that they are trying to work together with the community to reach a resolution. He also encouraged positive dialogue throughout the process, and made reference to a notice posted on the public bulletin board that contained misleading information and the notice was meant to appear as a town posting and did not have the name of the person posting it. Mr. Motter stated that he posted the notice as referenced by Mayor McGuire, and defended his standpoint regarding the notice. Cody Cole asked if repairing the old bridge was still optional. The council informed Mr. Cole that even with repairs, the bridge will still not meet UDOT safety requirements. Mayor McGuire noted that repairs will not be as long term as rebuilding the bridge. Kim Konikow noted that she has had extensive experience with grant applications. She explained that when a grantor awards money, it is rarely taken away. Rescinding money is more difficult than allowing the grantee to make modifications to the original request. She explained that money does not drive the process, but rather the project drives the need for money. Ms. Konikow was supportive of Pam's idea of having individuals submit their questions, which would be discussed in future public meetings. She stated that it will be the public's responsibility to attend future meetings on the matter. Ms. Konikow also requested that the Council put together a timeline of the project for public knowledge. Pam mentioned that The Rockville Globe, which is distributed to the community quarterly, has had an article on the bridge in the last several editions. Mayor McGuire agreed that the process should be laid out and communicated openly. He planned to attend a meeting later in the week and would have more information to relay at that time. Eric Brantley acknowledged and understood that not all of the necessary information is available yet, as well as the Council's intention to involve the public. Mayor McGuire stated that Council Members are elected to represent the community, and they inform and involve the public on decisions that directly affect them. The Council explained that they are more than happy to answer questions during office hours and via other forms of communication. Ms. Konikow stated that refurbishments to the existing bridge can be made if the Town Council is willing to push hard for it with UDOT. She suggested that a petition be used to gather support from Townspeople. Rockville Town Council Meeting September 11, 2013 Page 4 Mayor McGuire reiterated that funding for the project is coming from the federal rather than state government. Steve Cox thanked the Council and Mayor McGuire for their thoughts and concerns regarding the matter. As a long-term resident of Rockville, he recognized the need for change. Megan Honer-Orton referred to an email sent by Bob Ford, regarding an additional source of funding. The Council clarified that they were not qualified for the additional source of funding. Reason being, the other source was also a federal agency, and they will not match funds for a project that is already federally funded. Mr. Ford was copied on the email correspondence. Mr. Ford expressed concern about the federal angle, making points that included the Town Council remaining aggressive in stating their needs, and keeping all options open in the event that something doesn't go according to plan. Mayor McGuire noted that once the funding is received, a team of volunteers will be organized to report back to UDOT and the federal grantor regarding the construction or refurbishment of the bridge. VOTE on the motion to obtain a vote of confidence, so as to be reaffirmed in the decision to move forward: Jeff Ballard – Aye Pam Leach – Aye Megan Honer-Orton – Aye Dan McGuire – Aye Bernie Harris – Aye The motion passed unanimously. 8. APPROVAL OF EXPENDITURES FOR THE MONTH OF AUGUST 2013 – TOWN CLERK – Bernie Harris MOVED to approve the expenditures for the month of July 2013. Megan Honer-Orton SECONDED the motion. VOTE on the motion: Jeff Ballard – Aye Pam Leach – Aye Megan Honer-Orton – Aye Dan McGuire – Aye Bernie Harris – Aye The motion passed unanimously. 9. APPROVAL OF THE MINUTES OF THE AUGUST 14, 2013 TOWN COUNCIL REGULAR MEETING – Bernie Harris MOVED to approve the minutes as presented. Pam Leach SECONDED the motion. Rockville Town Council Meeting September 11, 2013 Page 5 VOTE on the motion: Jeff Ballard – Aye Pam Leach – Aye Megan Honer-Orton – Aye Dan McGuire – Aye Bernie Harris – Aye The motion passed unanimously. 10. MAYOR AND COUNCIL MEMBER REPORTS AND COMMENTS – Bernie Harris commented on the amount of rain and moisture received this season. He also acknowledged and thanked the local police and fire departments for diligently searching for Mary Soper, who recently disappeared from the area. Mayor McGuire reported the following: A proposed schedule for flag displays was considered as the matter was a discussion item at the August meeting. He encouraged Council Members to think about what occasions they would like to be included on the schedule, so that a new one can be established at the October meeting. There was a review of the previous decision to vacate Eagle Crags Road due to maintenance concerns. Mayor McGuire proposed two alternative solutions. One option would either include transferring the road to Washington County, thereby forfeiting all road funding. Another option would involve contracting with Washington County for maintenance purposes. Mayor McGuire contacted the County Commission, and read a response letter that detailed specific maintenance needs and provided a rough estimate for repair costs. He asked the Council if they would be interested in pursuing a contracting agreement with Washington County. Liability responsibilities under such an agreement were yet to be determined. An agenda item to pursue this option would be added to next month’s meeting agenda. Recently a landslide occurred, creating major barriers on Eagle Crags Road. Allen Lee responded immediately and had the situation resolved the following day. Mayor McGuire acknowledged and thanked Mr. Lee for his efforts. Private donations were also recently made for maintenance purposes. Clerk Harris read a thank you letter written by Kathy Daly and Karl Hammer. Mention was made of the Washington County Arts Council and Mayor McGuire asked for volunteers to join. They planned to meet five times between September and December of this year, and will design area specific projects. Bernadette Cole and Pam Leach volunteered for this assignment. Questions or suggestions for the 24th Forum Meeting were to be submitted to Clerk Harris. The Council of Governments (COG) Meeting was scheduled for Tuesday, October 1st at 6:00 pm, in the County Commission Chambers. It was reported that Rockville has an Rockville Town Council Meeting September 11, 2013 Page 6 application submission for grant funds in order to purchase a piece of property that is necessary for the proposed bridge right-of-way. Megan Honer-Orton asked for input in the last newsletter regarding the municipal campground. A facility could be considered in order to address issues related to individuals camping and lighting fires too close to roads. A designated campground currently does not exist. Much of the feedback received on the idea had been negative. Pam Leach reminded the Council that Rockville Daze is coming up on Saturday, October 12, from 10:00 a.m. to 2:00 p.m. New recipes could be shared for addition to the Rockville Cookbook by dropping them off at the Town Office. Donations for the Country Store were welcomed. The funds raised this year will be used for a water system and new trees at the cemetery. Jeff Ballard also thanked Allen Lee for his efforts repairing the landslide on Eagle Crags Road. He encouraged all to be aware of Mary Soper’s disappearance. 11. TOWN BUSINESS – Clerk Harris mentioned that Megan expressed a desire to attend a grant training session. She also noted that the Washington County School Board will be holding an election. An agreement was distributed to Council Members, to be passed by resolution the following month. 12. ADJOURNMENT – Bernie Harris MOVED to adjourn the meeting. Jeff Ballard SECONDED the motion. VOTE on the motion: Jeff Ballard – Aye Pam Leach – Aye Megan Honer-Orton – Aye Dan McGuire – Aye Bernie Harris – Aye The motion passed unanimously. The meeting adjourned at 7:30 p.m. Minutes prepared by: Teri Forbes, Owner T Forbes Group APPROVED: ___Dan McGuire________________ Mayor Dan McGuire