MINUTES OF A REGULAR MEETING OF THE
BLANDING CITY COUNCIL HELD ON
NOVEMBER 14, 2017
AT 7:00 P.M. IN THE COUNCIL CHAMBERS
Present:
Mayor: Calvin Balch
City Councilmembers: Cheryl Bowers
Joe B Lyman
Robert Ogle
Taylor Harrison
Kd Perkins
City Manager: Jeremy Redd
Finance Director: Kim Palmer
City Engineer: Terry Ekker
Recreation Director: David Palmer
Police Chief: Chief Torgerson
Others Attending: Logan Shumway, JJ Bradford, Kendall Laws, Kara Laws.
Prayer/Thought - The prayer/thought was offered by Kim Palmer.
1. The Pledge of Allegiance was recited.
2. Councilmember Lyman moved to approve the minutes and financial disbursements of the
October 24, 2017 meeting with corrections. Councilmember Perkins seconded the motion. Mayor Balch repeated the motion and asked for discussion. Hearing none, he called for a vote. Voting was as follows:
Those voting AYE Councilmember Lyman
Councilmember Harrison
Councilmember Perkins
Councilmember Bowers
Councilmember Ogle
Those voting NAY NONE
Constituting all members thereof, Mayor Balch declared the motion carried.
3. OPEN FORUM
4. REPORTS/DEPARTMENTAL REPORTS
Terry Ekker presented the October 2017 Water Report
Mr. Ekker reported that annual precipitation is at 7.4% of normal. It is very dry.
Chief Torgerson presented the October 2017 Police Report
Chief Torgerson reported the department had 89 calls of service during October. The number of
citations had also increased. Eight dogs were impounded and four were returned to their owner.
Councilmember Perkins asked how many Blanding City officers participated in the traffic checkpoint held in LaSal. Chief Torgerson responded that 3 officers assisted in the checkpoint.
David Palmer presented the October 2017 Recreation Report
Mr. Palmer told Council the increase in Wellness Center revenue is largely related to the annual memberships being paid by UNHS for their employees.
The playground equipment is installed and it is anticipated the surfacing installation will be completed by Thursday afternoon. A walk through of the new area will be taking place on Friday morning.
Councilmember Bowers asked if pickleball was available at the Wellness Center. Mr. Palmer
responded that the center has the equipment and the court is laid out for the game. It is an activity that is becoming quite popular throughout the state.
5. AGENDA
A. Ordinance 2017- 2 - Permitted Uses in an R2 Zone - Jeremy Redd
Councilmember Lyman moved to approve Ordinance 2017-2-Permitted Uses in a R2 Zone. Councilmember Harrison seconded the motion. Mayor Balch repeated the motion and asked for discussion. Hearing none, he called for a vote. Voting was as follows:
Those voting AYE Councilmember Lyman
Councilmember Harrison
Councilmember Perkins
Councilmember Bowers
Councilmember Ogle
Those voting NAY NONE
Constituting all members thereof, Mayor Balch declared the motion carried.
B. Resolution 11-14-2017-1 - Board of Canvassers Certifying the Municipal Election - Jeremy Redd
The following election results were reported during the meeting:
MAYOR
TOTAL
Joe B Lyman
658
COUNCIL CANDIDATES 4-YEAR
TOTAL
Robert Turk
443
Cheryl Bowers
434
Taylor K Harrison
392
Robert G Ogle
335
COUNCIL CANDIDATES 2-YEAR
TOTAL
Logan Shumway
581
Cory D Raisor
279
Question 1 - Should the City allow the sale of beer and wine in Blanding City Limits?
TOTAL
Yes
306
No
579
Additionally the following voter turnout statistics were reported.
TURNOUT
TOTAL
Registered Voters
1,320
Number of Ballots Cast
1,005
Turnout Percentage
76%
Ballots Rejected
15
Councilmember Perkins moved to approve Resolution 11-14-2017-1 - Board of Canvassers Certifying the Municipal Election. Councilmember Harrison seconded the motion. Mayor Balch repeated the motion and asked for discussion. Hearing none, he called for a vote. Voting was as follows:
Those voting AYE Councilmember Lyman
Councilmember Harrison
Councilmember Perkins
Councilmember Bowers
Councilmember Ogle
Those voting NAY NONE
Constituting all members thereof, Mayor Balch declared the motion carried.
Mayor Balch noted that the question of whether alcohol, beer or wine should be sold in Blanding was defeated by 273 votes.
C. Redistricting Hearing - Jeremy Redd
Mr. Redd shared the information regarding the public hearing concerning the redistricting of County Commission and School Board voting districts within the County. The public hearing will allow for comments about the proposed maps, which were designed by a Special Master selected by the United States District Court of Utah. Mr. Redd told the Council that each of the proposed voting district maps split Blanding into multiple districts. It was also noted that each of the proposed districts give no indication of population numbers.
Council discussed the question of whether the proposed maps are constitutional. It was common knowledge by all involved that the maps were designed based on race according to Council-
member Lyman. The public hearings being held will take place in Monticello and Bluff. The hearings are scheduled during workday hours, making it difficult for residents to attend.
Councilmember Lyman directed Council to the document and the three questions be addressed by those who attend the hearings including; 1) Do you notice any inaccuracies in the proposed maps?; 2) Do you prefer one proposed preliminary County Commission plan over another?; 3) Do you prefer one proposed preliminary School Board plan over another?
Councilmember Perkins asked City Attorney Kendall Laws why the Federal Court can ignore State public hearing guidelines. Mr. Laws responded that Federal Court rules allow them to overlook those state laws.
Councilmember Bowers asked if the County had population numbers on these districts. Mr. Laws responded that yes, they have numbers, but because of the gag-order that was issued those numbers cannot be shared at this point. Councilmember Lyman stated that this means they are most likely hiding something, meaning they are out of compliance. Mr. Laws stated that a preliminary report by the Special Master included some figures on population, but not all numbers are included.
Mr. Redd reminded the Council that the City needs to primarily focus on the impact on Blanding, not necessarily on the County. Each of the proposed maps splits Blanding City into three different districts. This is not healthy or fair to this community and minimizes the vote of each member of the community.
Councilmember Lyman stated that the current proposed maps are very similar to the maps that were proposed 5 or 6 years previous. He asked for Council's approval on a resolution he had drafted that was in response to the proposed maps. The resolution will be read at each of the two hearings being held in the coming days. The resolution was read in the meeting and is as follows;
RESOLUTION 11-14-2017-2
A Resolution Regarding County Redistricting
WHEREAS, Blanding is the largest community in San Juan County and has a diverse population; and
WHEREAS, Good governance dictates that districting plans not split political subunits or communities of interest if possible; and
WHEREAS, No current proposal leaves Blanding intact as a political subunit and community of interest, and the plan can be improved to better meet good governance standards; and
WHEREAS, Any proposal that splits Blanding into multiple districts disenfranchises the citizens of our community and weakens their representation as a community.
WHEREAS, The law should be color blind and it is clear that a racial result is the stated objective of this process; and
WHEREAS, There exists decades of case law that prohibit political gerrymandering to achieve a racial result.
NOW, THEREFORE BE IT RESOLVED THAT, the City Council of Blanding, Utah opposes any three member commission districts that divide our community, consisting of the Incorporated boundary as well as the immediate surrounding area.
FURTHERMORE, IT IS OUR OPINION THAT,
The fact that Blanding will be dramatically affected by the redistricting and there was no hearing held in Blanding is unacceptable. The location and timing of the hearings in Monticello and Bluff during the workday and with short notice is unreasonable, leaving little time for proper research for individual citizens or for the City Council to discuss and form comments and attend.
We assert there are better solutions. Perhaps a five member commission elected at large with a residency requirement for each of the five school board districts, or three commissioners elected by districts with an additional two commissioners elected at large.
Pending such a solution, we believe that all three commissioners should be elected at large. There is nothing more fair than every voter having an equal voice in electing all three commissioners. Commissioners represent all of the citizens of the county, so it is inherently unfair to have districts whereby every voter is denied the ability to vote for two of their three representatives. Districts create division and inequity.
The Blanding City Council opposes any option that splits our community into multiple voting districts. This is not the only option, and is clearly at odds with good governance standards.
PASSED, ADOPTED and APPROVED this 14th day of November, 2017.
Councilmember Lyman moved to approve Resolution 11-14-2017-2- A Resolution Regarding County Redistricting. Councilmember Harrison seconded the motion. Mayor Balch repeated the motion and asked for discussion. Hearing none, he called for a vote. Voting was as follows:
Those voting AYE Councilmember Lyman
Councilmember Harrison
Councilmember Perkins
Councilmember Bowers
Councilmember Ogle
Those voting NAY NONE
Constituting all members thereof, Mayor Balch declared the motion carried.
D. Dog Questions/Dog Licensing Late Fees - Mayor Balch/Cheryl Bowers
Mayor Balch led the discussion by stating he has no problem with the licensing fees for dogs, but has some concern over late fees being charged. He pointed out that the resolution outlining the fees does not include the late fees. Councilmember Lyman responded that the ordinance states late fee to be 50% of the license fee. Mayor Balch disagreed stating that the ordinance says that the fees will be established by resolution. Councilmember Harrison responded the fee was established by the ordinance/law, which states that the late fee is 50% of the registration fee. The amount of the late fee is established there.
Councilmember Lyman shared that the first law passed by the City was the dog ordinance, in 1914. He reminded Council that the ordinance was brought back the forefront most recently, by residents who were feeling threatened by dogs as they walked or ran in the community. Since the policy was revamped and brought back, he has had less complaints. He then recommended no changes be made to the existing ordinance and policy. Councilmember Ogle suggested that the late fee be removed, so the responsible citizen is not penalized.
It was determined that item 6 will be removed from the ordinance, eliminating the late fee. The ordinance change will have to be presented in a public hearing and changed by ordinance.
Councilmember Bowers shared that a few concerned citizens have offered to provide blankets, and toys for impounded dogs. Some are also willing to walk the dogs daily. She then stated that these same individuals are concerned over the treatment of the animals. She asked Officer Bradford to explain how they are cared for. Officer Bradford responded that the animals are fed daily and each pen is cleaned daily. He then stated that although the blankets and toys are a generous offer, they are destroyed quite quickly by the animal and the material is finding its way to the drains. He is having to clean out those drains to avoid plugging the sewer line.
Councilmember Bowers then asked if there were any other options to handling these stray animals other than euthanizing them. Chief Torgerson responded that each stray animal picked up is put on FaceBook in an attempt to locate the owner. Many animals have been adopted rather than euthanized. The City does not have the facility, man-power, or funding to run a full adoption program. It has been tried by individuals in the community, but because it has not worked well it did not last long. Councilmember Lyman stated that he was pleased by how many animals are being adopted. Councilmember Bowers asked if there was any issue with individuals helping to find homes for the animals. Council agreed that was not a problem.
Kendall Laws commented that allowing community members to spend time walking these animals could lead to a liability issue. He recommended that only City personnel handle the care of the impounded animals.
E. CIB Meeting Update - Joe Lyman/Terry Ekker
Mr. Ekker told Council that he and Councilmember Lyman had attended the CIB meeting held in Moab last week where they requested grant funding for needed equipment. CIB did not offer grant funding but rather a $500,000 loan. They also recommended the City investigate the possibility of leasing equipment rather than purchasing. In the end, the request was placed on the pending list. The next CIB meeting will be held in February and the City will have another chance to make a case for grant funding.
F. Event Sponsorship Discussion - Joe Lyman
Councilmember Ogle restated his opposition to the sponsoring of any activity, restating that it is not the role of government to support these activities. The Mayor agreed, although he would support the Easter Egg Hunt. Councilmember Lyman stated that he agrees with Councilmember Ogle, unless the objective of the event meets some goals and benefits City residents. Council-
member Bowers agreed. Mr. Redd stated that it can be done by resolution or just as a policy. Council asked that it comes back as a resolution for approval at the next meeting.
6. INFORMATION
Councilmember Perkins shared at the San Juan Transportation meeting it was announced that the
district is anticipating next year's funding to be only $400,000. The funding received in 2014 was
$1.6 million dollars. The City will receive only the $100,000 for the loan payment. Mr. Redd
reminded Council that funding for the Transportation District is collected through oil and gas mineral lease payments, which have declined over the past few years due to the low price of oil and other extraction commodities.
Councilmember Bowers stated that a meeting to discuss the Food Bank is being held on Thursday
evening for all interested parties. The meeting will be held in the Council chambers.
7. ADJOURNMENT
Councilmember Perkins moved to adjourn. Councilmember Harrison seconded the motion. Mayor Balch repeated the motion and asked for discussion. Hearing none, he called for a vote. Voting was as follows:
Those voting AYE Councilmember Lyman
Councilmember Ogle
Councilmember Harrison
Councilmember Perkins
Councilmember Bowers
Those voting NAY NONE
Constituting all members thereof, Mayor Balch declared the motion carried.
Meeting adjourned at 8:23 p.m.
Notice of Special Accommodations (ADA)
In compliance with the ADA, individuals needing special accommodations during this meeting may call the City Offices at (435) 678-2791 at least twenty-four hours in advance. Every effort will be made to provide the appropriate services.
Notice of Electronic or Telephone Participation
One or more Council Members may partcipate electronically.