La Verkin City Council Meeting Minutes

Wednesday, April 2, 2014 6:00 p.m.

Council Chambers, 111 S. Main, LaVerkin, Utah


Present:  Mayor Kerry Gubler; Council-Members:  Chantelle Browning, Richard Hirschi, Brandon Stephenson, Ken Hooten; Staff: Kyle Gubler, Derek Imlay, Troylinn Benson, Kevin Bennett, and Christy Ballard; Public: John and Rose Valenti, Henry Hilburn, Terrie McIntosh, Wesley Bayles, and Ray Justice.


Councilman Randy Reeve has been excused.


A.       Called to Order – Invocation and Pledge of Allegiance by Kevin Bennett at 6:00pm.


Councilman Brandon Stephenson arrived at 6:02pm.


B.        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.      Agenda

3.      March 19, 2014 regular meeting minutes

4.      Review Invoices and Checks:  $51,720.13


Motion was made by Councilman Richard Hirschi to approve the consent agenda as written including the March 19, 2014 regular meeting minutes and checks and invoices in the amount of $51,720.13, second by Councilman Ken Hooten.  Roll Call Vote:  Hooten-yes, Stephenson-yes, Hirschi-yes, Browning-yes.   Motion carried unanimously. 


C.      Committee Reports:  

1.      Planning Commission – The Planning Commission has not met.

2.      Water Board – The Water Board has not met.

3.      Fire District-Chief Kuhlmann was not present.  Councilman Hooten reported there has not been a meeting.

4.      Sewer Board-Blair reported the bid for improvements to a couple of streets in Hurricane was awarded to Royal T Construction.  There were four bidders. 

            The Board also discussed moving and upgrading a pump house.  Most of the funds for this project will come out of the General Fund.  The cost of the upgrade will come out of Impacts. 

           The improvement project will be similar; most of the funds will come out of the General Fund with the upgrade coming from Impacts.  The line will be upgraded from a 7” line to an 8”.    


D.       Citizen Comment & Request for Future Agenda Items:

            Henry Hillburn is a citizen of La Verkin.  He would like the date of when the meters are read added to the bill.  He has been reading his meter for the last six months and the numbers he has and what is on the bill are not even close.


Mayor Gubler said staff will look at that possibility.


Mr. Hillburn would also like a 4” irrigation line run to his property and the other two properties on his street with a clean out on the end of it to help with water pressure.  The property owners are willing to pay for the material. 


Mayor Gubler will have staff check into that.


Wes Bayles has got a “drug house” on his street.  There was a bust there two-three weeks ago and he was hoping that would fix the problem but the traffic is still just the same.  There are also a lot of cats at the property.  He believes they are feral.  He would like the City to look into an ordinance requiring people to license their pet cats and also do something about the feral cats.

There are also a couple of junky properties he was wondering what the City could do about them.


Terrie McIntosh lives in Pheasant Glen subdivision right behind the new fitness center.  There are three overhead doors in that building.  The music is so loud it rattles her windows.  She cannot set out in her back yard for a BBQ or just to enjoy the weather.

There is also a light just above the door and another one that is 15-17 feet high that lights her house up and is on all of the time.  The light shines in her bedroom window so she cannot sleep, some nights she can only get an hour of sleep between the light and the music. 

The music is on while they are practicing sometimes until 10 or 11 at night.

The neighbor across the street from Terrie was going to come tonight as well but had to go out of town.

Both homes are farther than 100 feet away from the business.

Terri has talked to the Police Chief and has called the police.  She has talked to John with the City and Jennifer several times and doesn’t know what else to do.  Her neighbor has called Derek to complain and phone calls are not being returned.


Mayor Gubler said this is the first complaint that has come to the City Council in regard to the fitness center and they will look into it.   He also asked if the light was on all day, every day.


Terrie replied that the light may not be on every single day but just about.  She has even talked to the business owner. 


E.     Business:

1.      Discussion and possible action to adopt Resolution No. R-2014-03; A resolution revising the City’s Policies and Procedures Manual to designate the City’s elected officials as “Tier 2 Ineligible” under the Utah Retirement System.

Kevin reported that under State Law the City Council is part time and ineligible for benefits but one of the findings from the Retirement Office audit was that this was not stated in the Policies and Procedures Manual.  This resolution will take care of that.


Motion was by Councilman Brandon Stephenson to adopt Resolution No. R-2014-03; A resolution revising the City’s Policies and Procedures Manual to designate the City’s elected officials as “Tier 2 Ineligible, second by Councilman Richard Hirschi.  Motion carried unanimously. 


2.      Discussion and possible action to adopt the Police Chief Compensation Agreement with the City’s new police chief, Benjamin Lee.

Councilman Stephenson commented that he likes the City is hiring someone with the expertise that Ben has, however, there is one item that Councilman Stephenson does not agree with and that is the moving fee of $3,000.


Mayor Gubler explained that he has already committed that to Mr. Lee.  His family will be staying up north to finish school before moving here and this will help with the cost of him going back and forth until then.

Councilwoman Chantelle Browning was also wondering if that was offered to Mr. Lee or if he requested it and if we had checked to see how much, if any, other cities offered.  


Mayor Gubler answered that the moving fee was offered to Mr. Lee.  The prior Chief was given $5,000 for moving expenses when he was hired.  Mr. Lee will be a great asset to the community, he is taking a pay cut by coming here and he does have a young family that will be staying behind to finish school.


Kevin reported that when he moved here 7 years ago he brought one moving truck and that cost him $3,000.  The housing market here is also overpriced making it very expensive to relocate here.


Councilman Stephenson asked if the $3,000 could be included in his salary.


Mayor Gubler replied that is a good idea however, Mr. Lee is close to the top of the pay scale and including that will put him over.  This is the easiest way to handle it.


Councilman Hooten said that the City of La Verkin is getting a great individual and this moving fee is part of an overall compensation package that has been negotiated.  He thinks this is a good package.


Mayor Gubler stated that Mr. Lee will be living in La Verkin while his wife and children stay in Syracuse until school is over.  After school is out his family will move to Hurricane and live with his in-laws while their house in La Verkin is being built.  The contract is giving him seven months to permanently reside in La Verkin. 


Motion was made by Councilman Richard Hirschi to accept the Police Chief Compensation Agreement between the City of La Verkin and Benjamin Lee, second by Councilwoman Chantelle Browning.  Roll Call Vote:  Browning-yes, Hirschi-yes, Stephenson-No, Hooten-yes.  Motion passes.


3.      Discussion and possible action on the Washington County Economic Development Council Executive Committee letter.

Mayor Gubler said that he feels since the City is part of this Committee we should support it.


Kyle reported that this Committee entices businesses to come to the area.  La Verkin has participated since Kyle has been here along with the other surrounding communities.  This year La Verkin’s amount is $2,902.


Motion was made by Councilman Brandon Stephenson to continue our involvement with Site Select Plus and to commit the funds listed in the letter, second by Councilman Richard Hirschi.  Roll Call Vote:  Browning-yes, Hirschi-yes, Stephenson-yes, Hooten-yes.  Motion carried unanimously.


4.      Discussion and possible action on the Victim Advocate Program letter from the Hurricane Police Department.

Mayor Gubler said that this is an area that is very sensitive throughout the Country and he feels La Verkin should do their part.  The amount is based on each cities need.  La Verkin is being asked for $2,723.50.


Motion was made by Councilman Ken Hooten to continue with the Victim Advocate Program and commit the funds in the amount of $2,723.50, second by Councilman Brandon Stephenson.  Roll Call Vote:  Hooten-yes, Stephenson-yes, Hirschi-yes, Browning-yes.  Motion carried unanimously.


F.      Staff. Mayor & Council Reports: 

City Administrator- Kyle Gubler

Kyle passed out his handout. 

The Easter Egg hunt will be April 19th at 9am.

The Miss La Verkin pageant was held this past Saturday.  Katheryn Webb is the new Miss La Verkin, Katie Hardy is the 1st attendant, Rebecca Stevens is the 2nd attendant and Alecia Farhing is Miss Congeniality.  They will introduce themselves and have a short presentation at the next City Council meeting.   

Fourth Grade Foresters tree planting will be April 25th and the fifth graders will be white washing the “L” on May 2nd.  

There is a prioritization list attached.  Derek is short three guys right now and the remaining crew have really stepped it up.  They are doing a great job.

Silver Acres is moving forward.


Public Safety- Chief Lloyd Watkins

Chief was not present to report.

Mayor Gubler reported the new Chief will take office on April 12th with an acting Chief, Lloyd Watkins, until April 14th when Benjamin Lee will be sworn in at 8am at the City Office.


Director of Operations-Derek Imlay

Derek attended a meeting with Interstate Rock and the Engineers today.  The project started a week late and the City has been short staffed but the project has managed to almost catch up to where it should have been had it started on time.  There has been over 4,600 feet of pipe laid, the three fire hydrants have been installed, and there has been 15 services connected.  The water should be done in the next 3 or 4 weeks.  The project should be finished on time, weather permitting.

There is not a return date for Doug or Randy yet and John could be back as soon as Tuesday.

There are three irrigation leaks right now that they have not been able to get to.  They will take care of them as soon as possible.


Treasurer-Troylinn Benson

The benefits fair with all of the insurance vendors was today, it went very well.

The Retirement audit did find a few clean up items that are being taken care.  They are on round two of the audit.

The financial report for the quarter will be handed out at the next meeting.


Mayor Gubler-He is interested in having a community garden.  It would be a small expense for the City to purchase seed but he does have someone who is willing to prepare the ground for it.  If anyone knows of property that could be donated and someone who would be willing to head that committee he feels it would be a good gesture.  Anyone could take advantage of it especially if they were helping with the garden but people with greater needs would have the first opportunity.  This is something that would need to be acted on within the next 30 days for the growing season.


Councilman Stephenson reported that there was a lady who came to the meeting a year ago offering her      land if the City would help with getting water to her property.


Mayor Gubler thanked Derek for staying on top of everything and handling it so well.  The men who are out have to get a doctor’s clearance before they can come back to work so we really don’t know how long that will take.  

Mayor Gubler would like to hire a part time recreation person and move Kyle to working full time on Derek’s crew.   



The Youth City Council application deadline has been extended.  If anyone knows of an interested youth   between the ages of 14 and 17 please encourage them to apply.


Hirschi-The Animal control officer, Kate Wadsworth, does a great job especially at adopting the animals out.  There was a dead cat on State Street that all of the children were commenting on as they came through the crosswalk.  If we see anything like that we can call Kate she will take care of it pretty quick.  


Stephenson-Thanked Derek for taking care of everything with half of his crew out and commented he needs as much help and support we can give him.   


Hooten- Nothing to report.


G.     Adjourn to Executive Session:

1.      Discuss potential litigation.

Mayor Gubler explained this item was to discuss the “L” fire.  The State was asking for money to help pay for the retardant that was used but Kyle found out at about 4:30pm today the State was going to take care of everything.  There is no need to have an Executive Session.


L.   Adjourn:

Motion was made by Councilman Brandon Stephenson to adjourn, second by Councilwoman Chantelle Browning.  Motion carried unanimously at 6:47pm



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

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