IRON COUNTY COMMISSION MEETING
August 11, 2008
Minutes of the Iron County Commission meeting convened at 9:00 a.m. August 11, 2008in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included:
Lois L. Bulloch Commission Chair
Wayne A. Smith Commissioner
Alma L. Adams Commissioner
Michael Edwards Deputy County Attorney
David I. Yardley County Clerk
SYNOPSIS :
APPROVAL OF ALCOHOL USAGE FORM FOR COUNTY PARKS
APPROVAL OF WARRANTS & ADJOURN
DIVISION OF WILDLIFE RESOURCES
GREENBELT ROLLBACKS ON COUNTY PROPERTY
IRON COUNTY RESTAURANT TAX BOARD
PUBLIC HEARING BUDGET AMENDMENT
PUBLIC HEARING ORDINANCE 2008-9
PUBLIC HEARING PROPOSED TAX INCREASE MUNICIPAL SPECIAL SERVICE D
UPDRIP MOU AGREEMENT APPROVAL AND SIGNING
Those assembled were led in the pledge of allegiance by Alma Adams.
Michael Edwards discussed potential litigation through UAC regarding the State Tax Commission’s decision to redistribute sales tax revenue from Counties to Cities. It is UAC’s position that if an error occurs, the error is to be corrected and future distributions made in the correct way, there is not a provision to retroactively distribute funds.
Lois Bulloch reported on meetings held in Richfield for Commissioners in which methods to deal with public officials not performing their job duties was discussed. She had several handouts which she will pass along to Human Resources to file.
Alma Adams reported that he met with parties involved in a road dispute in the Modena area. Robert Holt is accused of creating too much dust in connection wit a hay cubing operation at one of his farms. The Wood family pressured a four way stop on the rural road which was done without a traffic study. The County Engineer was asked to perform a traffic study to determine what kind of signage is warranted at the intersection.
APPROVAL OF ALCOHOL USAGE FORM FOR COUNTY PARKS :
Charlie Morris, Iron County Parks Department, presented a proposed agreement for alcohol use in County parks. Issuance of a permit does not allow for sale of alcohol at the parks. The permit will be issued through the Parks Department.
Alma Adams made a motion to approve the form as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
PUBLIC HEARING ORDINANCE 2008-9 :
Wayne Smith made a motion to open a public hearing to receive comments on proposed ordinance 2008-9 amending the original plat of Ski View Estates Unit B Subdivision. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
David Yardley explained that an ordinance must be adopted and approved with appropriate legal descriptions to be filed in the Recorder’s Office to show a portion of a subdivision being vacated. No other public comments were received.
Wayne Smith made a motion to close the public hearing and to adopt Ordinance 2008-9 as presented. Second by Alma Adams.
IRON COUNTY
ORDINANCE 2008-9
AN ORDINANCE OF IRON COUNTY AMENDING THE ORIGINAL PLAT OF SKI VIEW ESTATES UNIT B SUBDIVISION FILED NOVEMBER 13, 1972.
WHEREAS, this matter came before the Board of County Commissioners of Iron County, Utah upon written application to amend Lots 1 and 2, Block B, Ski View Estates Unit B Subdivision which was filed on November 13, 1972 as entry number 165709 of the Official Records of the Iron County Recorder; and
WHEREAS, the Board of County Commissioners of Iron County, Utah is authorized by Utah Code Annotated 1953 as amended §17-27a-608 to vacate, alter, or amend a plat, any portion of a plat, or any street or lot; and
WHEREAS, the Board of County Commissioners of Iron County, Utah, upon notice and hearing , having duly considered the application and determined there is good cause proposed for the amendment and that neither the public nor any person will be materially injured by the amendment of Lots 1 and 2, Block B, Ski View Estates Unit B Subdivision ;
NOW THEREFORE, BE IT ORDAINED BY THE COUNTY LEGISLATIVE BODY OF IRON COUNTY, UTAH AS FOLLOWS:
SECTION 1.
1. Lots 1 and 2, Block B, of the original plat of Ski View Estates Unit B Subdivision filed on November 13, 1972 as entry number 165709 of the Official Records of the Iron County Recorder are hereby vacated, and
2. The parcel created shall be described as follows:
BEGINNING AT THE SW CORNER OF LOT 1, SKI VIEW ESTATES SUBDIVISION, UNIT B; RUNNING THENCE N02̊59'10"E 81.15 FEET TO THE SW CORNER OF LOT 2, SAID SUBDIVISION; THENCE N03̊41'53"E 114.62 FEET TO THE NW CORNER LOT 2, SAID SUBDIVISION; THENCE S84̊00'36"E 240.53 FEET TO THE NE CORNER LOT 2, SAID SUBDIVISION AND A POINT ON A NON-TANGENT CURVE TO THE LEFT, SOUTHWESTERLY; CURVE DATA: DELTA=38̊44'49", RADIUS=210.96', CHORD BEARING =S23̊35'02"W 139.96', THENCE ALONG THE ARC OF SAID CURVE AND THE EASTERLY LINE OF LOTS 1 AND 2, SAID SUBDIVISION, A DISTANCE OF 142.66 FEET TO THE PT; THENCE S04̊12'38"W ALONG THE EAST LINE OF LOT 1, SAID SUBDIVISION, 59.53 FEET TO THE SE CORNER OF LOT 1, SAID SUBDIVISION; THENCE N84̊48'10"W 191.26 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.91 ACRES.
as amended by Iron County Ordinance 2008-10 as adopted on the 11th day of August 2008 and recorded in the official records of the Iron County Recorder.
SECTION 2. SEVERABILITY
Should any portion of this ordinance be found for any reason unconstitutional, unlawful, or otherwise void or unenforceable, the balance of the ordinance shall be severable therefrom, and shall survive such declaration, remaining in full force and effect.
SECTION 3. EFFECTIVE DATE:
This Ordinance, Iron County Ordinance No. 2008-9 shall become effective following notice and publication as set forth in Utah Code § 17-53-208.
PASSED, APPROVED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 11th day of August , 2008.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
By:
Lois L. Bulloch, Chair
ATTEST:
David I. Yardley,
County Clerk
VOTING:
Lois L. Bulloch Aye
Alma L. Adams Aye
Wayne A. Smith Aye
PUBLIC HEARING BUDGET AMENDMENT :
Alma Adams made a motion to open a public hearing to receive comments on proposed budget amendments to compensate for new growth income not anticipated in 2007. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Gene Adams explained the proposed amendments were the result of a $260,000 additional revenue to the general fund from new growth. He further explained additional expenditures which have been approved in Commission meetings but have not been amended in the current budgets. Gene answered questions about expenditures and cost over runs due to overtime and increases in fuel prices. He stated that all of these will be considered at the end of the year when total budgets for departments are reviewed.
Alma Adams made a motion to close the hearing and to adopt Resolution 2008-4 as recommended. Second by Wayne Smith.
RESOLUTION 2008-4
A RESOLUTION OF THE IRON COUNTY COMMISSION APPROVING AN AMENDMENT TO THE 2008 IRON COUNTY BUDGET
WHEREAS, Iron County is experiencing changes from growth in new construction and home building; and
WHEREAS, said new growth may generate additional tax revenue that was not included in tax revenue calculations; and
WHEREAS, this new growth revenue affects the Certified Tax Rate; now therefore
BE IT RESOLVED that the 2008 budget of Iron County hereby amended the following funds by the amount indicated:
2008 Approved Proposed Increase/Decrease
Budget Amendment
General Fund 3,352,000 3,509,428 157,428
Multi County A & C 465,000 463,582 -1,418
County A&C 1,050,000 1,149,376 99,376
Sub Total 4,867,000 5,122,386 255,386
Library 185,000 195,394 10,394
Public Health 190,000 203,056 13,056
Property Tax Total 5,242,000 5,521,286 278,836
BY ORDER OF the Board of Iron County Commissioners this 11th day of August, 2008.
Signed: Lois L. Bulloch, Chair
Attest:
David I. Yardley, Clerk
Voting:
Lois L. Bulloch Aye
Wayne A. Smith Aye
Alma L. Adams Aye
GREENBELT ROLLBACKS ON COUNTY PROPERTY :
Geri Norwood, Iron County Treasurer and Dennis Ayers, Iron County Assessor, met with the Commission to get clarification on the procedure for applying roll back taxes to properties donated to the County for road rights of way. Dennis explained that the law is clear that such roll back shall be applied before title can transfer. Currently there are two accounts with roll back due.
The matter was referred to the County Attorney to look at current policy and to recommend a solution to avoid problems in the future.
IRON COUNTY RESTAURANT TAX BOARD :
The Commission met as a Restaurant Tax Board along with Rusty Aiken and Maria Twitchell to consider a request from Enoch City for funding a recreation center.
Celesta Lyman, Enoch City Council member met with the Restaurant Tax Board to request funds for a recreation center to be located east of Old Highway 91 and Midvalley Road. The plan is to develop playing fields for soccer, baseball, skate park and walking trails.
Maria Twitchell explained that there are no uncommitted funds in the restaurant tax fund at this time. The Board requested that Enoch make a formal request during budget hearings scheduled for October and November for funding in 2009.
Rusty Aiken reported that the concession stand and restroom facility at the Diamond Z outdoor arena was about $50,000 short in funding. Cedar City stepped up and provided the funding to complete the project.
DIVISION OF WILDLIFE RESOURCES :
Doug Messerly, DWR District Manager, met with the Commission to present a check for 2008 payment in lieu of taxes (PILT) payment. This year DWR paid $2,505.00 for property managed by the Division within Iron County.
The Commission discussed the operation of the Dalley Farm which has not received any maintenance or improvements for several years. Mr. Messerly explained that the motor on the pump was replaced this summer. It is anticipated that a grass mixture will be planted on a portion of the farm later this year. The Commission questioned the seed mixture being used in light of crop failures every time the seed mix has been used.
MINOR LOT SUBDIVISION REQUEST :
Noel A. DeGaetan and Elfriede Dalley met with the Commission to request a new tax ID number for a parcel located near the Summit exit on the south side of I-15. Mrs. Dalley explained that when I-15 was built it split the parcel making the south parcel a separate piece from the remainder of the farm located on the Northwest side of the freeway. They have an opportunity to sell this isolated piece but would not like to go through the subdivision process since the parcel is already split.
Chad Nay explained that in the eyes of the law, the parcel is still one piece and therefore is subject to current subdivision codes. He also explained that there is a problem with subdividing the parcel because of access to a public road.
The Commission made some suggestions including combining to an adjacent property owner which would clear up access and allow the parcel to be added to a different established tax ID number. The matter was referred to Chad Nay to determine if a solution to the problem could be found.
Colette Eppley presented for approval James Mills as a volunteer driver for the Cedar City Senior Citizen Center and David Richardson as a full time culinary worker at the Jail. Alma Adams made a motion to approve the new employee and volunteer as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Colette also requested approval of a grade change for non POST certified culinary workers at the Jail from Grade 11 to Grade 9. She explained that this would reduce the salary in this position about $2.00 per hour. Alma Adams made a motion to approve the grade change as recommended. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Wayne Smith made a motion to convene in closed session to discuss personnel matters in accordance with Utah Code 52-4 et. seq. for the purpose of discussing the character, professional competence, or physical or mental health of an individual. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
After reconvening in open session the Commission reported that no action was needed for matters discussed in closed session.
Hafen Bruckner Everett & Graff, PC, met with the Commission to report on the independent audit for 2007. He explained the audit and reported that no errors or problems were noted. There is a management letter attached that the Auditor will supply answers whereupon the report will be submitted to the State Auditor for posting in compliance with Utah Code.
Wayne Smith made a motion to accept the draft audit report as presented and to approve the final report when prepared. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
UPDRIP MOU AGREEMENT APPROVAL AND SIGNING :
Alma Adams presented a proposed agreement for approval. Wayne Smith made a motion to approve the agreement and authorize the Commission Chair to sign. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
APPROVAL OF WARRANTS & ADJOURN :
After the bills were reviewed and approved or rejected, the meeting was adjourned at 2:30 p.m. To reconvene at 6:00 p.m. for the public hearing regarding the tax rate increase for Iron County Municipal Service District # 2 on a motion by Wayne Smith. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Signed: Lois L. Bulloch, Chair
Attest: David I. Yardley
County Clerk
PUBLIC HEARING PROPOSED TAX INCREASE MUNICIPAL SPECIAL SERVICE DISTRICT # 2
Upon reconvening at 6:00 p.m. the Commission opted to move the public hearing from the Courthouse to the Fairgrounds exhibit building to accommodate the crowd. Wayne Smith made a motion to open a public hearing to receive comments about a proposed tax increase on the unincorporated portion of Iron County to fund municipal type services provided. Second by Alma Adams. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Lois Bulloch explained the purpose of the proposed tax and explained that funding of municipal type services including law enforcement, fire, roads etc. provided outside municipal boundaries cannot be funded from General Fund taxes under Utah Code. Because of dwindling resources and increases in costs to provide services.
Reed Erickson gave a power point presentation explaining the tax purpose and services provided by the tax.
Public comments included the following:
Maggie Hailey, a resident of Midvalley Estates, stated that the tax was too much for the level of service provided. She asked if a fire house would be built in their neighborhood.
Gilbert Almquist questioned why a handout was not available with information on the proposed tax. He also stated that no municipal type services were available or provided at his residence near Brian Head.
Sue Gross questioned why the fund shift from other sources and the general fund. She asked if general fund taxes were being reduced. The Commission explained that taxes in the general fund are not being reduced and the only option is to cut services or increase the municipal tax as proposed.
DeLynn Barton stated that no municipal type services were being provided in Fife Farms. He also questioned the way properties are assessed on primary residential and non primary land.
Rick Wark stated that he is opposed to the tax because of the level of service he receives.
Bob Anderson, Checkshanie Cliffs, stated that he felt no municipal type services were being received in their area.
Howard Powell stated that as a property owner in the Brian Head area and has a concern with property valuation established by the Assessor. Property values have dropped significantly this year.
Keith Norland requested that the Commission put the tax increase on the ballot for a vote in November.
Kurt Arsnault questioned what additional services would be provided by funds received in the tax increase.
Craig Morley, Ski View Estates, stated that services were not available in their subdivision near Brian Head. He questioned if taxes are increasing, why are SID’s required to bring roads to County standards.
John Peckwell, Modena, stated that Modena is fast becoming a ghost town and no services are provided.
Bob Beacham stated his concern with Sheriff’s Deputies using County vehicles paid for and fueled with County funds being used for private use during off duty hours. He also questioned Sheriff’s Deputies patrolling on I-15.
Jim Curry stated he is on a fixed income and questioned why an impact fee is not being charged to developers and new residences for the increased cost of services.
Ryan Bundy suggested that the County reduce taxes and reduce the level of service provided in the unincorporated areas.
Evan Turner questioned why assessed values have increased when property values are going down. He also suggested cutting services and taxes. He questioned what specific budget requests were reduced. The Commission explained that all budget requests from Departments were reduced. This action was taken at budget time during November and December 2007.
Lilley Leavitt stated that property values are going down which should be reflected in taxes being reduced.
Zeno Perry commented that he felt no municipal type services were being provided by the County.
Ren Zaphiropoulos complained about the organization of the hearing and the efficiency of County government. He felt services should be reduced to avoid a tax increase.
Kathy Scholten read a letter submitted in written comments opposing the tax increase which requested the general fund tax be reduced to compensate for the increase in the municipal service fund.
Steve Cantonwine commented that the Sheriff is charged under State Code to provide law enforcement in the County especially unincorporated areas. He suggested fees for services provided would be more equitable way to fund services.
Ray Stokes, Escalante Valley resident, commented on costs of building permits in Iron County compared to other jurisdictions, i.e. Las Vegas and Clark County.
David Stanley stated he felt the tax was imposed without representation which would violate the constitution. As a secondary residence homeowner in the Brian Head area, they are not allowed to vote for County officers.
Craig Spitler commented that he felt no municipal type services are being provided. He cited concerns with road repairs within the Sky View subdivision in Cedar Valley.
Gary Bulloch stated that his opinion was that services were not being increased to the level of the tax dollars collected.
Dwayne Alger stated that people need to stop demanding increased service and become more self reliant. He also expressed concern with the County expending funds to support the Three Peaks recreation area for rock crawlers which contribute nothing to the upkeep or maintenance of the park.
Sheldon Barney expressed frustration with the tax increase. He requested the Commission listen to the voice of the people in attendance and cut services and the proposed tax.
John Upton complained about the level of County services to his property located near the rest area on Buckhorn Flat. He also discussed the maintenance and chip sealing of a portion of the frontage road leading to his property.
Jim Scholten, Parowan Valley, also commented that he felt services were not provided for the amount of tax proposed.
A J Reeves, County Paramedic, explained concern with level of ambulance services being provided to rural areas compared to Cedar City.
Mitchell Gitz questioned why the Commission is proposing hiring a County Administrator when they are also proposing a tax increase.
Wallace Smith, a rancher with a permit on Modena bench stated that he felt no additional services were required and opposed a tax to pay for the current level of services provided.
Steve Jewett stated he owns three vacant parcels near Paragonah and he questioned why they are being taxed for municipal type services.
Ernest Van Zile questioned the need for a tax increase. He also suggested the County adopt a tax system similar to California where taxes are based on the value of property at the time of sale or improvement.
Dennis Ohms questioned the level of municipal services provided to rural areas. Mr. Ohms resides on Midvalley Road.
Randy Carter, Enoch resident, questioned valuation of homes as assessed citing the level of homes in foreclosure. He felt values were too high on properties.
Sam Cravetts, Kanarraville, requested that the method used in establishing property value be addressed to provide a more accurate market value.
Jerry Jensen, Midvalley Estates, complained about the level of service provided for the amount of tax increase.
Illegible McGreggor, a resident of Allard Ranch Subdivision, voiced concern with the establishment procedure for the service district. He stated that notice should have been mailed to all property owners in the County. He also stated that impact fees for service should be established so that new residents are paying for the services provided.
Butch Cramer stated he was concerned with the assessed valuations on homes and the level of municipal type services provided.
Veronica Van Buren asked that the Commission consider the wages of County residents before a tax is imposed. She also complained about the level of service provided.
Robert Bolton Meadows Ranch, complained about the level of services provided within the subdivision. He stated that Meadows Ranch East has a SID and their roads are chip sealed. In Meadows Ranch, no such service is provided.
John D. Wright, expressed concern with property valuation. He also asked that the County consider a tax based on value at the time of purchase or improvement similar to California.
After all public comments were heard, the Commission adjourned the hearing at 8:45 p.m.