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Show - Serving East Juab County - A Nice Place To Live! Volume 94, No. 38 Mona Town Council nullifies action on water transfer Wednesday, September 18, 1996 s By Julie Smalley Correspondent Mona Town Council members determined they would have to nullify an action they had taken in August to allow Kevin Squire to transfer a water hook up to his new property after they realized the item had not been on the officially noticed agenda. It was illegal to act upon the decision because the item had not been on the agenda. It was a discussion item only because the Allison Squire, wife of Kevin, had not notified Nila Keyte, town clerk, with enough time for the item to be an official part of the agenda. However, council members did agree to call a special meeting for Tuesday, Sept. 17, to discuss the item. Kevin Squire has obtained a loan on the strength of the previous action of the council and so council members agreed to the special meeting to discuss the water hook-u- p and whether it should still be allowed to be moved from the Everd Squire property to the Kevin Squire property. The Open Meetings Law for Utah states that public bodies must give reasonable advance notice (including an agenda) of all meetings except when the majority of members agree there is an "emergency. In order for and item to be legal, it must be properly noticed in public places and with enough advance notice for interested community members to attend to make comment. Keyte said she needs the information from those who intend to be on the agenda by Sunday evening. "When Allison (Squire) called on Monday I explained that she and her husband would not be on the official agenda, said keyte. She had also explained to Mayor Kevin Young that the item was not on the official agenda shortly before the meeting began. I am sorry, said Young. I remember that now, but it had slipped my mind. Based on state law and town policy, the action taken to allow Kevin Squire to relocate a water hook-u- p to his new property was not legal, and therefore, had to be declared null and void, he said. The hook-u- p was first installed on the Everd Squire property as a temporary use to allow Everd to live in Squires mother-in-laa mobile home on the property. has since The mother-in-labeen moved to a care center and Kevin Squire and his family have been living in the home. The town has a clause in the moratorium that a water hookup can be relocated. "We did that so that if a house burned down, it could be rebuilt, said Young. The clause also allows for a hook-u- p to be moved from one spot to another, said Young, as long as the original hook-u- p is removed and the new fees are paid. Homer Christensen, who served on the town council when the original arrangement was made with Everd Squire, said the council at the time made the agreement to allow a shared w Times-New- s Correspondent The Levan Town Council voted unanimously to leave building lot size in Levan at one fourth acre. After receiving public input at a Public Hearing just prior to Regular September Council Meeting and discussing the issue, the vote was taken during council meeting. The discussion included a variety of concerns and comments. Council member LaRee Aagard voiced her concerns about adequate space for septic systems and reminded the council of the Planning and Zoning Committees concern that the town would be forced into installing a sewer system. Mayor Connie Dubinsky pointed out, that for some, a one half acre lot is to much to take care of and half of the lot is left in weeds. Janet Carter, attending the public hearing, felt Levan would be in danger of losing its rural atmosphere if houses were to close together. Council member Robert Shepherd indicated that a change in building lot size would cut one third of growth potential 0 out of the existing town boundaries. He one piece of property were sold in one then questioned whether we would pre- year. fer to have the growth in town or in the A motion to place a 6 month moratocounty. rium on the building of subdivisions Golden Mangelson, attending the passed unanimously. The council voted to accept the Respublic hearing, told the council that the water table in Levan is approximately olution and Landfill agreement with the 200 feet, and does not feel septic drain- Juab Rural Development Agency. A discussion about cost to Levan resage is a major problem. He also indicated that one half acre lots may result idents for garbage service indicated that in an increased cost to the town to pro- there may be an increase in rates in the vide water, gas, electrical, and cable future. Levan residents are now paying services. $11 per month for garbage pick-uThe After discussion, the council voted to town is currently paying $4. 10 for weekleave the building lot size at one fourth ly pick-u$1.50 for monthly bulky acre, but added a stipulation when sell- waste pick-u- p and $5.50 to Juab Couning an adjoining lot. The stipulation ty Landfill, which adds up to $11.50 per states that property with an existing month per residence. However, it was home cannot be reduced to less than the decided to wait until rates for Commerminimum lot size and 80 feet of street cial and Industry are set before makfrontage. ing a final decision. A moratorium on subdivisions in A building permit was granted to Levan was also discussed at the Public Bryan Huntsman for a house located at Hearing. Mayor Dubinsky reported that approximately 50 South and 200 West. two attorneys have recommended the Mr. Lynn D. Wall of Wall Engineermoratorium until a plan for subdivi- ing, Fillmore, Utah, presented a propossions can be written for the town. After al for preparing a Drinking Water discussion, it was determined that a Source Protection Plan for Levan Town. A Source Protection Plan is required person would be considered a subdivider if more than three building lots on by the EPA and the State for communi p. ties such as Levan Town who operate community water systems. The Plan provides leverage in protecting drinking water systems from contamination and provides State and Federal agencies with needed information to do their part in keeping the nations drinking waters clean. Mr. Walls proposal included plans for the Town and Irrigation Co. wells and springs. The Town and the Levan Irrigation Co. plan to work together on this issue. p, Council member Bryce Christensen commented on the dog problem. He expressed his concern that people are not taking the responsibility for their dogs and that it has not been possible to work out a regular agreement with the Animal Control Officer in Nephi. He suggested adding the duty of Animal Control to town employees. If a complaint is filed at town hall, a trap can be set to catch the animal. The animal would then be transported to Nephi to be housed for a short time. In order to claim the animal, the owner would be required to pay a fee. Mona Council hear report from town auditors By Myrna Trauntvien flect the reality. "It is legal to open the budget, amend it, and get more with reality, said Ogden. You can do this until June 30 each year. You, council members and mayor, are responsible for keeping within the legal limit. "Im glad to see that the gas fund made a profit of $7,000 this year, said Ogden. "It is finally turning around and it is still early in the picture to begin making a profit. In the early years, said Ogden, he worried the natural gas system which is operated and owned by the community may never show a profit. General Fund Revenues, said Ogden, indicated that service charges amounted to 20.6 percent of the budget, permits were 8.9 percent, taxes accounted for 39.8 percent, and intergovernmental revenues were 12.8 percent. Other sources of revenue contributed 18 per- -' cent of the revenue fund. Ogden said fund expenditures in the general fund were mostly administrative with 47.6 percent in that category. Garbage collection was responsible for another 18.5 percent expenditure, highways for 8.2 percent, parks for 6.7 percent and public safety for 19 percent. in-li- Times-New- s Correspondent For the fiscal year, which ended in June 1996, Mona Town exceeded the budget on a departmental level in several departments though there was enough money in the total budget to cover all expenses and, for the first year, the natural gas system made a profit. While the departmental budget excesses were not as serious an item as it may first appear, since there was plenty of money in the total budget that the town still operated in the black with money left over, it was a bookkeeping item which needed to be cleared, said Greg Ogden, CPA from Springville who audited the towns books. "I recommend that the budget be amended towards the end of the fiscal year, if required, said Ogden. All such amendments which increase the budgeted expenditures should be presented to the public in a public hearing prior to their adoption. "The community is in good financial health, said Ogden. Therefore, he said, it only made sense for the books to re Mona Town Enterprise Fund Expenses indicated that interest payments used 35.7 percent of the fund, gas costs were 26.7 percent, depreciation was 17.4 percent, maintenance was 11.3 percent, and other sources were responsible for the remaining 8.9 percent, said Ogden. He said the Mona Town Enterprise Fund Revenues showed that most of the money came from gas at 63.3 percent, water at 35.3 percent, while interest was the smallest portion at 1.3 percent. "The report is intended solely for the use of the management of the Town of Mona, said Ogden. He said he had several other findings, as part of his management letter which is part of the audit, which he wanted to point out to the town council. One finding dealt with the community building permit being filed with the Division of Occupational and Professional Licensing no later than 30 days following the end of each quarter. "The building permit reports for the final quarter of the 1996 fiscal year which was due July 30, had not been filed by the completion of the audit, said Ogden. Kevin Young, mayor, said the council had not realized the report needed to be filed at all. "No building permits were issued during the quarter due to a moratorium on building, he said. However, the reports will be filed each quarter in the future, he said. Ogden also said checks should not be signed by either party while the check was still blank. "The reason for obtainchecks is to ensure ing that tow people actually authorize each check which is written, said Ogden. He told council members they should make certain town purchasing orders were always completed prior to any funds being spent, as well. "Care should be taken to ensure that all required signatures are obtained," said Ogden. One other thing, not included in the management letter, was a need for the council to budget training and education funds for those whom the council employs. One of those, the community treasurer, needed to be trained and be part of a professional organization. "It is helpful to the community for your employees to build up a network re 0 Continued on page 2 Commission and Joe White have discussion on County Owned Rock Crusher By Myrna Trauntvien w Continued on page 2 Single Copy Price 50tf Lsvae Towm Coumcil votes to leave bmildiinig lot size at 1 4 acre By Myrna Trauntvien Times-New- 10 pages Times-New- s Correspondent Joseph White and Juab County Commissioners continued a discussion about rock crusher removing a county-owne- d from Whites property to county property and giving White just compensation for repairs made to the crusher over the time it has been in Whites possession. The discussion has continued for some time and has not been resolved to either Whites nor the county commissions satisfaction. Monday, it was agreed White would give up possession of the equipment and would keep the engine which was valued at $6,000. "It would be in my best interest to keep the engine," said White. "I dont think that is in the best interest of the the equipment. "I would be lots happier if you would give me $4,000 and let me keep the engine. Gordon Young, county commission chairman, offered White $10,000 for the motor and then move it and the crusher from Whites property. Or, said Young, the county would be willing to allow White to keep the motor and then move the crusher to county property. It is still county property, said Young. We are just trying to take care of the problem to everyones satisfac- tion. White said he thought the commission should leave the crusher in place on Whites property and then call for bids. He said keeping the crusher on his property allowed him some legal leverage with the county. "I think we are being more than fair, said Young. "The things you have offered us in the past would lead to a law suit county." in on had White said the quandary of how to White said he put repairs handle the gravel crusher in Whites ness of the county. "The two issues are not related, said possession was not a problem in the We are trying to resolve the isasked A commission former Young. county past. him to take the crusher and repair it so sue in the only fair way. it worked. In exchange, said White, he Young said the lack of paper work on was allowed to use the crusher on at his the promises of a former county commission and on Whites part lead to ungravel pit. He had always given the county a per- substantiated claims. "A gentlemans centage off on the gravel they ordered handshake is not the best way to confrom him. His actions and the perfor- duct county business. There should almance he had given the county had ways be a record, he said. White agreed to keep the engine and saved the county thousands of dollars, allow the county road crew to move the he said. Now Im pushed off into a corner," crusher machine from his property so said White. He said the county action the problem would be resolved. "Well move it from your property to was inspired not by a lack of service by White but by complaints and threats by ours, find another engine to put in it and his competitors. put it up for bid, said Young. "After we "I think the crusher (issue) has cost talked it over as a commission we think me in gravel sales this summer," said it is in the countys best interest to pay White. He said, he thought his problems you compensation for the upgrades you of keeping the crusher and trying to iron made by allowing you to keep the enout the problem in a better way had re- gine, if that is your decision." sulted in his not getting the gravel busi |