IRON COUNTY COMMISSION MEETING
September 22, 2008
Minutes of the Iron County Commission meeting convened at 9:00 a.m. September 22, 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
Scott F. Garrett County Attorney
David I. Yardley County Clerk
Also Present:
H. Eugene Adams County Auditor
Dennis W. Ayers County Assessor
Patsy T. Cutler County Recorder
Geraldine S. Norwood County Treasurer
Mark O. Gower County Sheriff
Margaret Miller Justice Court Judge
SYNOPSIS :
APPLICATION FOR PROPERTY TAX EXEMPTION STATUS
APPROVAL OF MINUTES September 8, 2008
APPROVAL OF WARRANTS & ADJOURN
CHILDREN’S JUSTICE CENTER CONTRACT APPROVAL
FUNDING FOR JAIL POLICY AND PROCEDURES MANUAL
HEARING OFFICER, NUISANCE & ZONING VIOLATION APPEALS
MINOR LOT SUBDIVISION APPROVAL
REQUEST TO REMOVE FROM AGRICULTURE PROTECTION AREA 1 2
Those assembled were led in the pledge of allegiance by Geri Norwood.
APPROVAL OF MINUTES September 8, 2008 :
Minutes of the Iron County Commission meeting held September 8, 2008 were approved as amended on a motion by Alma Adams. Second was by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
Kal Kahler reported that the Central Iron County Water Conservancy District has agreed to provide water to Angus Water Company and to Eagle Valley Ranches. These two water systems were failing and in need of major infrastructure upgrades.
Mark Gower reported on large marijuana growing areas discovered in Iron County and Washington County. This was a large very sophisticated growing operation yielding more than seven tons of marijuana with a street value of more than three million dollars.
Dennis Ayers reported that the Auditor’s office has received more than 1,600 appeals to the Board of Equalization. This is double the number of appeals filed in 2007 and reflects the downturn in the housing and land markets. The Assessor’s office is reviewing each of these files in preparation of the BOE hearings. Dennis reported that property values have declined about 2% per month since January.
Jared Wilson reported that applications have been received for the GIS position which is currently vacant. A replacement should be selected for approval by the next meeting.
Gene Adams reported that expenditure reports are being e mailed to Department Supervisors. This is an effort to get the reports out on a timely basis and to reduce paperwork in the Auditor’s office.
Geri Norwood reported that the Treasurer’s office is advertising for two temporary employees to help during tax season. Geri also reported on the Tyler Technology conference County employees attended in Park City.
Alma Adams discussed prairie dog issues being worked on by the Commission and the Prairie Dog Committee. A meeting of the committee will be scheduled in October.
Lois Bulloch reported that she has two scholarships to the Women’s Conference sponsored by Senator Hatch’s office. The conference will be held in Salt Lake City on October 6.
David Yardley reported that preparations for the November General Election are proceeding. Ballot formats have been approved and should be submitted to the printer as soon as final data base edits have been completed. Ballots will be mailed to absentee voters starting October 6.
REQUEST TO REMOVE FROM AGRICULTURE PROTECTION AREA :
David Yardley reported that Enterprise Farms LLC has requested removal of an Agricultural Protection Area for portions of Parcel 1: Account Number 197316 Serial Number E-1466-0000-0000. Parcel 2: Account Number 252921 Serial Number E-1487-0002-0002.
Legal Description of Parcel to be Removed:
BEGINNING AT THE SOUTH ¼ CORNER OF SECTION 27, T36S, R16W, SLB & M AND RUNNING THENCE N 00°01’29” E ALONG THE ¼ SECTION LINE 1328.34 FEET; THENCE S 89°52’13” E ALONG THE 1/16 SECTION LINE 1893.18 FEET; THENCE N 02°47’15” E 329.93 FEET; THENCE S 89°47’41” E 210.30 FEET; THENCE S 02°47’15” W 79.65 FEET; THENCE 223.98 FEET ALONG THE ARC OF A NONTANGENT CURVE TO THE RIGHT (CHORD BEARS S 48°53’01” E 78.45 FEET) THROUGH A CENTRAL ANGLE OF 256°39’27” AND RADIUS OF 50.00 FEET; THENCE 20.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 76°39’27” AND RADIUS OF 15.00 FEET; THENCE S 02°47’15” W 185.88 FEET; THENCE 399.41 FEET ALONG THE ARC OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 76°16’57” AND RADIUS OF 300.00 FEET; THENCE S 79°04’12” W 180.28 FEET; THENCE 279.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 75°41’18” AND RADIUS OF 211.90 FEET; THENCE S 03°22’54” W 305.59 FEET; THENCE 222.27 FEET ALONG THE ARC OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 21°02’08” AND RADIUS OF 605.42 FEET; THENCE S 21°55’46” W 317.81 FEET TO THE SOUTH LINE OF SECTION 27; THENCE N 89°54’42” W ALONG SAID LINE 1373.11 FEET TO THE POINT OF BEGINNING AND CONTAINS 52.339 ACRES M/L.
Wayne Smith made a motion to approve the withdrawal of the above described parcel as requested. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
The Commission called for discussion of a situation in which parcels of land have been donated to the County for road improvements. This triggers a roll back tax on the land which in some cases has been sent to the donating property owner. Currently there are four parcels with a total roll back of $1,900. The parcels have been donated at the request of the County Engineer, Steve Platt. Because Mr. Platt was not in attendance for the discussion, the matter was tabled until the next meeting.
MINOR LOT SUBDIVISION APPROVAL :
The Iron County Planning & Zoning Commission forwarded a recommendation to approve a minor lot subdivision known as the Melling Acquisition located at 2350 W 4000 North, within Section 16, Township 35South, Range 11 West, SLB&M. Currently there are two homes on the parcel and the minor lot subdivision would create a third lot, each more than 1 acre in size and in compliance with current zoning standards.
The Planning Commission also recommended approval of a variance of Subdivision requirements in that no associated improvements are required and that a flood water drainage plan be developed for the area. Wayne Smith made a motion to approve the minor lot subdivision as explained and recommended by the Planning Commission. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
HEARING OFFICER, NUISANCE & ZONING VIOLATION APPEALS :
A request to designate Iron County Justice Court Judges as hearing officers to hear appeals of nuisance violation citations and zoning violation appeals was presented by the County Zoning Administrator, Chad Nay. He explained that the Board of Adjustments must meet as a board and are very uncomfortable handling such appeals as they are not law trained.
Wayne Smith made a motion to approve the appointment of the Iron County Justice Court Judges to act as hearing officers in nuisance violation citation appeals and zoning violation appeals and to authorize a Resolution to be drafted designating the Judges as hearing officers. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
FUNDING FOR JAIL POLICY AND PROCEDURES MANUAL :
Troy Little, Iron County Deputy Attorney, Brad Spencer, Jail Lt. and Sheriff Gower met with the Commission to request approval of funding of updates of the Jail Operation Manual and Standards. The update is expected to cost approximately $12,000 this year which could be funded by “pay to stay” collections at the jail.
Alma Adams made a motion to proceed with the policy manual updates to be funded as explained. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
REQUEST TO REMOVE FROM AGRICULTURE PROTECTION AREA :
David Yardley presented a request by UNEV PIPELINE, LLC. to remove the following parcel in the Iron Springs area from designation as an Agricultural Protection Area. The area is proposed to be converted to an industrial use which is in compliance with current zoning in the area. The parcel is described as follows:
Parcel Number: E-0113-0005-0000 Acres: 27 Account Number: 491831
Beginning N89°13’45”E. 1277.28 feet along the ¼ section line and N0°00’00” W, 590.49 feet from the west ¼ corner of Section 18, T35S, R12W, SLM, said point being on the northeasterly right of way line of the county road 1740; thence along said right of way N40° 09’44”W, 128.41 feet to a point of nontangent curvature to the right having a radius of 7484.36 feet and a central angle of 2° 31’41” (radius point bears N49°47’32” E); thence along the arc of said curve 330.23 feet; thence N37°40’ 38”W, 1189.09 feet; thence departing said county road right of way line N51°52’06”E, 1001.04 feet to a point on the westerly right of way line of the L.A. and S.L. Railroad; thence S14°24’08”E, 762.07 feet to a point on a nontangent curvature to the left having a radius of 653.69 feet and a central angle of 17°13’33” (radius point bears S23°00’55”E); thence along the arc of said curve 196.53 feet; thence S31°37’41”E, 744.52 feet; thence S49˚42’08”W, 559.59 feet to the point of beginning. Containing 27 Acres M/L
Alma Adams made a motion to approve removal of the parcel from Agricultural Protection Area as requested by current owners. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
APPLICATION FOR PROPERTY TAX EXEMPTION STATUS :
A Request by the Dixie and Anne Leavitt Foundation to place two parcels of property on tax exempt status was presented by Christene Keene. One parcel is adjacent to the Dixie Leavitt Insurance building on 200 West in Cedar City and the second parcel is a parking lot on the corner of 200 S and 300 West in Cedar City. The matter was discussed and action tabled to allow the Foundation to provide additional information.
Colette Eppley presented for approval new employees, Carolyn Felker as a part time Assessor in Motor Vehicles at the Cedar City office; William Nathanial Brown as a Prairie Dog Technician effective July 21, 2008; and Torrey Topham as a part time temporary employee in the Justice Court. Alma Adams made a motion to approve the new employees as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
Colette also discussed progress in interviewing department personnel in a hostile work allegation. She explained that she has registered for a conference in Las Vegas this week and cannot proceed until after the Conference. The Commission authorized Ms. Eppley to attend the conference since the registration fee is nonrefundable.
Alma Adams made a motion to convene in closed session for the purpose of discussing the character, professional competence, or physical or mental health of an individual in compliance with Utah Code 52-4 et. seq. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
STATE OF UTAH )
) s.s.
COUNTY OF IRON )
I, Lois L. Bulloch, Chairman of the County Commission of Iron County, Utah hereby certify that the purpose of the Closed Meeting convened was conducted 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.
Dated this 22nd day of September, 2008.
Signed: Lois L. Bulloch, Chairman
Attest: David I. Yardley
County Clerk
CHILDREN’S JUSTICE CENTER CONTRACT APPROVAL :
The Commission approved an annual contract for the operation of the Children’s Justice Center as presented and recommended by the County Attorney. Alma Adams made a motion to approve the contract as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
Pauline Applegate presented a request to increase County credit card limits and authorize additional credit cards as requested by Department Supervisors. Currently the County has an authorized limit of $109,000. Ms. Applegate requested that the limit be increased to $125,000 to cover cards requested.
Wayne Smith made a motion to authorize the increase of the County credit card limit to $125,000 as requested. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.
APPROVAL OF WARRANTS & ADJOURN :
After the bills were reviewed and approved or rejected, the meeting was adjourned at 2:30 p.m. on a motion by Alma Adams. Second was by Wayne Smith. Voting: Lois Bulloch, Aye; Alma Adams, Aye; Wayne Smith, Aye.
Signed: Lois L. Bulloch, Chair
Attest: David I. Yardley
County Clerk